amendment was defeated—for many reasons. Among the most conspicuous were ignorance of the real merits of the issue; indifference—for thousands of voters failed to vote either way; a secret but systematic opposition to woman's voice in legislative affairs from the only organization against it—the Liquor Dealers' Association; and, most potent of all, a political combination which would not have occurred except at the time of a presidential election. Every county in Southern California gave a majority for the amendment, Los Angeles County leading with 4,600. Miss Anthony, who spent the summer in California aiding and encouraging the women with her wisdom, cheerfulness and hope, said on leaving: "The campaign was a magnificent one, and it has developed many splendid workers who will be ready for the next which is sure to come."
After the disappointing result the Campaign Committee held a meeting, passed resolutions of fealty to the cause and adjourned sine die. But in order to perpetuate the work already done and be ready for "new business" at any time, the Los Angeles County Woman Suffrage League was organized the following week, Mrs. Elmira T. Stephens, president; Mrs. Gray, chairman of advisory board; Mrs. Craig, secretary. The natural reaction after defeat followed and no work was done for several years.
In November, 1900, the State president, Mrs. Mary Wood Swift, came to Los Angeles and gave a parlor talk at the home of her hostess, Mrs. I. G. Chandler, and later an address at a public meeting in the Woman's Club House, of which Mrs. Caroline M. Severance was chairman. Practically all were in favor of reviving the old Woman Suffrage League and an executive committee was appointed, Mrs. Sarah Burger Stearns (formerly of Minnesota), chairman.
At its call a meeting was held December 1, and the league reorganized: President, Mrs. Severance; vice-president, Mrs. Shelley Tolhurst; secretary, Mrs. Carl Schutz; treasurer, Mrs. Amelia Griffith; chairman of executive committee, Mrs. Stearns. A leaflet announcing the formation of the league, its plan of work, etc., was largely circulated. A committee was appointed who went before the Legislative Conference, which was held later in the Chamber of Commerce, and expressed the thanks of the league for the efforts of the Southern California members who had worked and voted for the School Suffrage Bill at the previous session of 1899.
The executive committee meets once a month and special sessions are called whenever necessary. The plan of work, as outlined by Mrs. Stearns, was sent to the State convention at San Francisco and cordially approved.
In February half of a show window on Broadway was secured, with ample floor space back of it. With the donation of $100 by a Los Angeles woman both were made attractive with flags, engravings and furnishings. Above a handsome desk the suffrage flag with its four stars is draped and photographs of prominent women adorn the walls. The suffrage papers are kept on file and quantities of fresh literature are ready for distribution. Stationery, photographs, medallions, etc., are for sale, a register is open for the enrollment of friends and a member of the league is always in attendance. When another amendment campaign is to be made Southern California will be found ready for work and will declare in its favor by a largely increased majority.
Laws: The original property law of California is an inheritance from the Mexicans, which it incorporated in its own code, and it is quite as unjust as those which still exist on the statute-books of some States as a remnant of the barbarous old English Common Law. Community property includes all which is accumulated by the joint labors of husband and wife after marriage. This is in the absolute control of the husband. Previous to 1891 he could dispose of all of it as if he had no wife, could will, sell, mortgage, pledge or give it away. That year the Legislature enacted that he could not make a gift of it or convey it without a valuable consideration, unless the wife consented in writing, although he could still dispose of it in ordinary business transactions without her knowledge or consent. The decision in the Spreckles case apparently nullified this law, as the gift was made in 1893 and the Supreme Court in 1897 declared it legal.185
In 1895 it was provided that at the husband's death the wife is entitled to one-half of what remains, subject to one-half of the debts. At the death of the wife the whole belongs absolutely to the husband without administration. If some portion of it may have been set apart for her support by judicial decree, this is subject to her testamentary disposition, or, if she makes none, it passes to her heirs.
A homestead to the value of $5,000, which must continuously be occupied by the family, may be selected from the community property, or from the husband's separate estate, or from the wife's with her consent. If from the first-named it belongs to the survivor, if from the separate property it descends to his or her heirs, subject to the power of the court to assign it to the family for a limited period. During marriage it can not be mortgaged or conveyed without the signature of both. In case of divorce, if it has been selected from community property, it may be assigned to the innocent party absolutely or for a limited time, or it may be sold and the proceeds divided, according to decree. If selected from separate property it shall be returned to the former owner, but the court may assign it for a limited time to the innocent party.
In 1897 a law was passed that if the estate is less than $1,500 it shall be assigned to the widow, subject to incumbrances, funeral charges and expenses of settlement.
Separate property consists in what was possessed before marriage or is received by gift or inheritance afterwards. If the deceased leave wife or husband and only one child, or the lawful issue of one, the separate estate is divided in equal shares. If there be more than one child or the issue of one, the widow or widower is entitled to one-third. If there is no issue the survivor takes one-half and the other half goes to the father, mother, brothers and sisters of the deceased. If none exists, the survivor is entitled to the whole estate.
Either husband or wife may dispose of separate property without the consent of the other. Until 1894 it rested upon the wife to prove that property was her separate possession, but now the proof rests upon the contestants. Until 1897 she was compelled to prove that it was not paid for with community earnings. Neither of these recent laws applies to property acquired previous to May 19, 1889.
A married woman may be administrator or executor. (1891.)
The wife may engage in business as sole trader and her husband is not liable for her contracts, but her earnings, and also any wages she may make by her labor, are community property and belong absolutely to him, and suit for them must be brought by him. By becoming a sole trader she makes herself liable for the support of the family.
A married woman may sue and be sued and make contracts in regard to her separate property, but in torts of a personal nature she must be sued jointly with her husband, although the wife may defend in her own right.
Until 1899 common law marriage was legal, and this consisted merely in a promise and the mutual assumption of marital rights, duties and obligations. That year a law was passed requiring a license and a civil or religious ceremony. The law declares specifically that "the husband is the head of the family and the wife is subject to him."
The wife may sue for separate maintenance without divorce.
The father is the guardian of the minor children and entitled to their custody, services and earnings. At his death, or if he has abandoned his family, the guardianship belongs to the mother, if suitable.
The husband is expected to give his family proper maintenance. There is no penalty for not supporting a wife but he can be arrested for failure to support the children. If he have no property or is disabled from any cause, then the wife must support him and the family out of her property or her earnings. The husband decides what are necessaries and may take even her personal belongings to pay for them.
In 1887 the W. C. T. U. asked to have the "age of protection" for girls raised from 10 to 18 years, but secured only 14. In 1895 they succeeded in having a bill passed for 18 years but it was vetoed by Gov. James H. Budd. In 1897 they obtained one for 16 years which he signed and it is now the law. The penalty is imprisonment in the penitentiary for not less than five years.
Suffrage: Women possess no form of suffrage.
In 1900, to make a test case, Mrs. Ellen Clark Sargent brought suit before Judge M. C. Sloss, of the