The Territory of Dakota was created in 1861, but in 1889 it entered the Union divided into two separate States, North and South Dakota. As early as 1872 the Territorial Legislature lacked only one vote of conferring the full suffrage on women. The sparsely settled country and the long distances made any organized work an impossibility, although a number of individuals were strong advocates of equal suffrage.

In 1879 it gave women the right to vote at school meetings. In 1883 a school township law was passed requiring regular polls and a private ballot instead of special meetings, which took away the suffrage from women in all but a few counties.

At the convening of the Territorial Legislature in January, 1885, Major J. A. Pickler (afterward member of Congress), without solicitation early in the session introduced a bill in the House granting Full Suffrage to women, as under the organic act the legislative body had the power to describe the qualifications for the franchise. The bill passed the House, February 11, by 29 ayes, 19 noes. Soon afterward it passed the Council by 14 ayes, 10 noes, and its friends counted the victory won. But Gov. Gilbert A. Pierce, appointed by President Arthur and only a few months in the Territory, failed to recognize the grand opportunity to enfranchise 50,000 American citizens by one stroke of his pen and vetoed the bill. Not only did it express the sentiment of the representatives elected by the voters, but it had been generally discussed by the press of the Territory, and all the newspapers but one were outspoken for it. An effort was made to carry it over the Governor's veto, but it failed.

In 1887 a law was passed enlarging the School Suffrage possessed by women and giving them the right to vote at all school elections and for all school officers, and also making them eligible to any elective school office. At this time, under the liberal provisions of the United States Land Laws, more than one-third of the land in the Territory was held by women.

In this same Legislature of 1887 another effort was made to pass an Equal Suffrage Bill, and a committee from the franchise department of the Woman's Christian Temperance Union, consisting of Mesdames Helen M. Barker, S. V. Wilson and Alice M. A. Pickler, appeared before the committee and presented hundreds of petitions from the men and women of the Territory. The committees of both Houses reported favorably, but the bill failed by 13 votes in the House and 6 in the Council.

It was mainly through women's instrumentality that a local option bill was carried through this Legislature, and largely through their exertions that it was adopted by sixty-five out of the eighty-seven organized counties at the next general election.

In October, 1885, the American Woman Suffrage Association held a national convention in Minneapolis, Minn., which was attended by a number of people from Dakota, who were greatly interested. The next month the first suffrage club was formed, in Webster. Several local societies were afterwards started in the southern part of the Territory, but for five years no attempt was made at bringing these together in a convention.[200]

The long contention as to whether the Territory should come into the Union as one State or two was not decided until 1889, when Congress admitted two States. Thenceforth there were two distinct movements for woman suffrage, one in North and one in South Dakota.

NORTH DAKOTA.[201]

On July 4, 1889, a convention met at Bismarck to prepare a constitution for the admission of North Dakota as a State. As similar conventions were to be held in several other Territories, Henry B. Blackwell, editor of the Woman's Journal, came from Boston in the interest of woman suffrage. His object was to have it embodied in the constitution if possible, but failing in this he endeavored to have the matter left as it had been under the Territorial government, viz.: in the hands of the Legislature. To this end, H. F. Miller introduced the following clause:

The Legislature shall be empowered to make further extensions of suffrage hereafter at its discretion to all citizens of mature age and sound mind, not convicted of crime, without regard to sex, but it shall not restrict suffrage without a vote of the people.

Toward the adoption of this all efforts were directed. Two public meetings were addressed by Mr. Blackwell, and on July 8 the Constitutional Convention itself invited him to speak to its members.

After remaining in Bismarck two weeks he went to Helena to attend the Montana convention, but before leaving he succeeded in obtaining the promise of 30 votes out of the 38 necessary for the adoption of the clause. During his absence Dr. Cora Smith (Eaton), secretary of the Grand Forks Suffrage Club, was called to Bismarck to carry on the work. The secretary of the Territory, L. B. Richardson, placed at her service a room on the same floor as Convention Hall, and to this the friends of woman suffrage brought members who had not yet declared themselves in favor. Some ladies were always there to receive them and present the arguments in the case, among these Mrs. Mary Wilson, Mrs. George Watson, Dr. Kate Perkins and Mrs. Benjamin of Bismarck. Everything was managed with scrupulous formality and courtesy.

Mr. Miller's proposition was championed by R. M. Pollock and Judge John E. Carland in Committee of the Whole, and after a second reading was referred to the Committee on Elective Franchise, but on July 25 it reported the substitute of S. H. Moer, confining the suffrage to males. A minority report was offered, directing the Legislature at its first session to submit an amendment to the voters to enfranchise women. After a heated discussion the minority report was defeated, and the constitution provided as follows:

No law extending or restricting the right of suffrage shall be enforced until adopted by a majority of the electors of the State voting at a general election.

By requiring not merely a majority of those voting on the question but of the largest number voting at the election, no amendment for any purpose ever has been carried.

On the question of School Suffrage women received greater consideration, the constitution providing that all women properly qualified should vote for all school officers, including State Superintendent, also upon any question pertaining solely to school matters, and should be eligible to any school office.

Organization: The suffragists were widely scattered over this immense Territory and there had been little opportunity for organized work. In the spring of 1888 a call had been issued in Grand Forks, signed by seventy-five representative men and women, for a meeting to form an association, and on April 12 this was held in the court-house, which was crowded to the doors. The extension of the franchise to women was strongly advocated by Judge J. M. Cochrane, Prof. H. B. Wentworth, Mrs. Sara E. B. Smith, Mrs. Sue R. Caswell and others; and encouraging letters were read from the Hon. William Dudley Foulke, Lucy Stone and Julia Ward Howe of the American Suffrage Association. A public meeting on July 25 at the same place was addressed by Mrs. Ella M. S. Marble of Minnesota. On September 9 Mrs. Lillie Devereux Blake of New York gave a strong lecture.

Other local clubs were formed during the following years, and the first State convention was held in Grand Forks, Nov. 14, 15, 1895. It was called to order by Dr. Cora Smith Eaton, president of the local society. Mrs. Laura M. Johns of Kansas, a national organizer who had just made a successful lecturing tour of the State, was elected chairman and Mrs. Edwinna Sturman was made secretary. Cordial letters of greeting were read from Miss Susan B. Anthony, president of the National Suffrage Association, Mrs. Carrie Chapman Catt, chairman of the national organization committee, U. S. Senator Henry C. Hansbrough,[202] Miss Elizabeth Preston, president of the State W. C. T. U., and others. In Miss Anthony's letter was outlined the plan of work that she never failed to recommend to State organizations, which said in part:

First, your local clubs should cover the respective townships, and the officers should not only hold meetings of their own to discuss questions pertaining to their work, but should have the men, when they go into their town meetings for any and every purpose pertaining to local affairs—especially into the meetings which nominate delegates to county conventions—pledged to present a resolution in favor of the enfranchisement of women. By this means you will secure the discussion of the question by the men who compose the different political parties in each township—an educational work that can not be done through any distinctively woman suffrage meeting, because so few of the rank and file of voters ever attend these.

Then, when the time comes for the county convention to elect delegates to the State nominating convention, let every town meeting see to it that they are instructed to vote for a resolution favoring the submission and indorsement of a proposition to strike the word "male" from your constitution. If the State conventions of the several parties are to put indorsement planks in their platforms, the demand for these must come from the townships composing the counties sending delegates thereto. Women going before a committee and asking a resolution indorsing equal suffrage, are sure to be met with the statement that they have heard nothing of any such demand among their constituents. This has been the response on the many different occasions when this request has been made of State conventions. From this repeated and sad experience we have learned that we must begin with the constituents in each township and have the demand start there.

Dr. Eaton was elected president of the association.

The second convention took place at Fargo, Nov. 30, 1897. An extra meeting was held this year at the Devil's Lake Chautauqua Assembly on Woman's Day, with Mrs. Julia B. Nelson, president of the Minnesota, and Mrs. Ella Knowles Haskell, of the Montana W. S. A., among the speakers. Dr. Eaton having removed from the State, Miss Mary Allen Whedon was made president.

The third convention met in Larimore, Sept. 27, 28, 1898, with delegates from eleven counties. Mrs. Chapman Catt was present and contributed much to the success of the meetings. These were held in the M. E. Church with the active co-operation of the pastor, the Rev. H. C. Cooper. Mrs. Flora Blackman Naylor was chosen president.

The fourth convention was held in Hillsboro, Sept. 26, 27, 1899, at which Mrs. Susan S. Fessenden of Massachusetts gave valuable assistance. A page to be devoted to suffrage matter was secured in the White Ribbon Bulletin, a paper published monthly under the auspices of the State W. C. T. U.

The annual meeting of 1900 convened in Lakota, September 25, 26, in the M. E. Church, its pastor, the Rev. Stephen Whitford, making the address of welcome. A Matron's Silver Medal Oratorical Contest was given under the direction of Mrs. Cora Ross Clark.[203]

Legislative Action and Laws: In the Legislature of 1893 a bill was introduced granting women taxpayers the right of suffrage. This was voted down by the House: 18 ayes; 22 noes. A motion was offered that all woman suffrage bills hereafter presented at this session should be rejected, but it was tabled.

A bill to submit to the voters an amendment conferring Full Suffrage on women in the manner provided by the constitution was introduced in the Senate by J. W. Stevens and passed by 16 ayes, 15 noes. It was called up in the House on the last day of the session. Miss Elizabeth Preston was invited to address that body, and the Senate took a recess and came in. The bill received 33 ayes, a constitutional majority, and was returned to the Senate. The House then took a recess, and during this brief time the enemies of the measure secured enough votes to recall it from the Senate. This body by vote refused to send it back, thus endorsing it a second time. The Speaker of the House, George H. Walsh, refused to sign it. Then began a long fight between the House and the Senate. A motion was made by Judson La Moure instructing the President of the Senate to sign no more House bills until the Speaker signed the Woman Suffrage Bill. This armed neutrality lasted until 10 o'clock that night when some of the senators, who had important measures yet to pass, weakened and voted to send the bill back to the House. When it reached there a motion prevailed to expunge all the records relating to it.

In the Legislature of 1895 a bill for a suffrage amendment was introduced in the House by A. W. Edwards, editor of the Fargo Forum. Mrs. Emma Smith DeVoe was sent by the National Association to assist in the work for the passage of this and other bills of interest to women. The courtesy of the floor was extended to her in the House and she was invited to address the members, the Senate again taking a recess and coming in to listen. Col. W. C. Plummer spoke against the bill, which received 28 ayes but not a constitutional majority. No suffrage bill has been introduced since.[204]

Dower and curtesy have been abolished. If either husband or wife die without a will, leaving only one child or the lawful issue of one child, the survivor is entitled to one-half of the real and personal estate. If there is more than one child living, or one child and the lawful issue of one or more children, the widow or widower receives one-third of the estate. If there is no issue living, he or she receives one-half of the estate; and if there is neither father, mother, brother nor sister, the whole of it. The survivor may retain a homestead to the value of $5,000, which on his or her death the minor children are entitled to occupy.

A married woman may contract, sue and be sued and proceed in all actions as if unmarried. She may dispose of all her separate property by deed or will, without the consent of her husband. He can not do this.

The father is the legal guardian of the persons, estates and earnings of the minor children. If he abandon them the mother is entitled thereto. At his death she is the guardian, if suitable. Should she marry again she loses the guardianship but, by agreement, the court may re-appoint her.

If the husband is not able to support the family the wife must maintain him and the children to the best of her ability, and her separate estate may be held liable. If he wilfully neglect to provide for them his separate property shall be held liable, and he may be imprisoned in the county jail not less than sixty days nor more than six months.

In case either husband or wife abandons the family and leaves the State for a year or more, or is sent to prison for a year or more, the court may authorize the one remaining to sell or encumber the property of the other for the maintenance of the family or the debts which were left unpaid after due notice has been given to the absent one.

The causes for divorce do not differ from those in a number of other States, but by requiring a residence of only six months a great inducement is offered to persons from outside to come here for the express purpose of securing a divorce.

The "age of protection" for girls was raised from 10 to 14 years in 1887. The women attempted in 1895 to have it raised to 18 but succeeded only in getting 16 years. The reduction of the penalty, however, made this of small avail. For the first degree it is imprisonment in the penitentiary not less than ten years; second degree, imprisonment in the penitentiary not less than five years. "But no conviction can be had in case the female is over the age of 10 years and the man under the age of 20 years, and it appears to the satisfaction of the jury that the female was sufficiently matured and informed to understand the nature of the act and consent thereto."

Suffrage: The Territorial Legislature of 1879 gave women a vote on questions pertaining to the schools, which were then decided at school meetings. This was partially repealed by a law of 1883 which required regular polls and a private ballot, but this Act did not include fifteen counties which had school districts fully established, and women still continued to vote at these district school meetings. In 1887 a law was enacted giving all women the right to vote at all school elections for all officers, and making them eligible for all school offices. By the State constitution adopted in 1889 all women properly qualified may vote for all public school officers, including State Superintendent, and on all questions pertaining solely to school matters.

At the special school election held in Grand Forks, Aug. 4, 1890, Mrs. Sara E. B. Smith and Dr. Cora Smith (Eaton) voted. Objections were raised, but with the law and the constitution back of them they carried the day. On September 5, in response to a request from the Grand Forks W. S. A., Attorney-General J. M. Cochrane gave a written opinion that the provision of the constitution relating to woman suffrage was not self-executing, and that until supplementary legislation was enacted providing the requisite machinery for recording school ballots cast by women, they could not vote. As the authorities in a number of places refused to provide separate boxes, the Legislature of 1893 passed an act requiring them.

Office Holding: Women are eligible for all school offices, but for no other elective office.

In 1892 Mrs. Laura J. Eisenhuth was elected State Superintendent of Public Instruction on the Democratic ticket. In 1894 she was again nominated but was defeated by Miss Emma Bates on the Republican ticket.

Eleven women are now serving as county superintendents, and many on local school boards. They do not sit on any State boards. All of the directors of the Woman's Reformatory, under control of the W. C. T. U., are women.

In the Legislature they serve as librarians, journal, enrolling and engrossing clerks and stenographers. They act also as deputies in State, county and city offices. By special statute of 1893 they may be notaries public.

Occupations: No profession or occupation is legally forbidden to women.

Education: All of the educational institutions are open to both sexes alike and women are on the faculties. Dr. Janette Hill Knox was vice-president of Red River Valley University (Meth. Epis.) for five years.

There are in the public schools 1,115 men and 2,522 women teachers. The average monthly salary of the men is $39.92; of the women, $35.57.

The Woman's Christian Temperance Union was the first and still continues to be the largest of the organizations. It works for the franchise through public lectures, petitions, legislative bills and various educational measures. The Woman's Relief Corps and a large number of church, lodge and literary societies enlist women's activities in a marked degree. They sit on the official boards of many churches and some of these are composed entirely of women.

SOUTH DAKOTA.[205]

In June, 1883, a convention was held at Huron to discuss the question of dividing the Territory and forming two States, and a convention was called to meet at Sioux Falls, September 4, and prepare a constitution for those in the southern portion. The suffrage leaders in the East were anxious that this should include the franchise for women. Mrs. Matilda Joslyn Gage of New York, vice-president-at-large of the National Suffrage Association, lectured at various points in the Territory during the summer to awaken public sentiment on this question. On September 6 a petition signed by 1,000 Dakota men and women, praying that the word "male" should not be incorporated in the constitution, was presented to the convention, accompanied by personal appeals. There was some disposition to grant this request but the opponents prevailed and only the school ballot was given to women, which they already possessed by Act of the Legislature of 1879. However, this constitution never was acted upon.

The desire for division and Statehood became very urgent throughout the great Territory, and this, with the growing sentiment in Congress in favor of the same, induced the Legislature of 1885 to provide for a convention at Sioux Falls, composed of members elected by the voters of the Territory, to form a constitution for the proposed new State of South Dakota and submit the same to the electors for adoption, which was done in November, 1885. Many of the women had become landholders and were interested in the location of schoolhouses, county seats, State capital and matters of taxation. As their only organization was the Woman's Christian Temperance Union, a committee was appointed from that body, consisting of Alice M. A. Pickler, Superintendent of the Franchise Department, Helen M. Barker and Julia Welch, to appear before the Committee on Suffrage and ask that the word "male" be left out of the qualifications of electors. They were helped by letters to members of the convention from Lucy Stone, Henry B. Blackwell, Susan B. Anthony, Lillie Devereux Blake and others of national reputation.

Seven of the eleven members of the committee were willing to grant this request but there was so much opposition from the convention, lest the chances for Statehood might be imperiled, that they compelled a compromise and it was directed that the first Legislature should submit the question to the voters. They did incorporate a clause, however, that women properly qualified should be eligible to any school office and should vote at any election held solely for school purposes. This applied merely to school trustees, as State and county superintendents are elected at general and not special elections.

The constitution was ratified by the voters in 1885, with a provision that "the Legislature should at its first session after the admission of the State into the Union, submit to a vote of the electors at the next general election, the question whether the word 'male' should be stricken from the article of the constitution relating to elections and the right of suffrage."

Congress at that time refused to divide the Territory and thus the question remained in abeyance awaiting Statehood.

In 1889, an enabling act having been passed by Congress, delegates were elected from the different counties to meet in convention at Sioux Falls to prepare for the entrance of South Dakota into Statehood. This convention reaffirmed the constitution adopted in 1885, and again submitted it to the voters who again passed upon it favorably, and the Territory became a State, Nov. 2, 1889.

The first Legislature met at once in Pierre, and although they were required by the constitution to submit an amendment for woman suffrage a vote was taken as to whether this should be done. It stood in the Senate 40 yeas, one nay; absent or not voting, 4; in the House 84 yeas, 9 nays; 21 absent.

On Nov. 11, 1889, Miss Anthony, in response to urgent requests from the State, made a lecture tour of twelve cities and towns and addressed the Farmers' Alliance at their convention in Aberdeen, when they officially indorsed the suffrage amendment. On her return home she sent 50,000 copies of Senator T. W. Palmer's great woman suffrage speech to individual voters in Dakota under his frank.

A State Suffrage Association had been formed with S. A. Ramsey, president, Alonzo Wardall, vice-president, the Rev. M. Barker, secretary, and Mrs. Helen M. Barker, treasurer and State organizer; but the beginning of this campaign found the women with no funds and very little local organization. Mr. Wardall, who was also secretary of the Farmers' Alliance, went to Washington and, with Representative and Mrs. J. A. Pickler, presented a strong appeal for assistance to the national suffrage convention in February, 1890. It was heartily responded to and a South Dakota campaign committee was formed with Miss Anthony chairman. The officers and friends made vigorous efforts to raise a fund and eventually $5,500 were secured. Of this amount California sent $1,000; Senator Stanford personally gave $300; Rachel Foster Avery of Philadelphia, the same amount; Mrs. Clara L. McAdow of Montana, $250; a number gave $100, among them U. S. Senator R. F. Pettigrew of South Dakota, and different States sent various sums.[206]

The first of May Miss Anthony returned to South Dakota and established campaign headquarters in Huron. A mass convention of men and women was held and an active State organization formed with Mrs. Philena Everett Johnson, president, Mr. Wardall, vice-president, which co-operated with the national committee and inaugurated an active campaign. The new State had adopted as its motto, "Under God the People Rule," and the suffragists wrote upon their banners, "Under God the People Rule. Women Are People." A large number of national speakers came in the summer. Local workers would organize suffrage clubs in the schoolhouses and these efforts would culminate in large rallies at the county seats where some noted speakers would make addresses and perfect the organization.

Those from the outside who canvassed the State were Henry B. Blackwell, editor Woman's Journal, Boston, the Rev. Anna Howard Shaw, national lecturer, Mary Seymour Howell (N. Y.), the Rev. Olympia Brown (Wis.), Matilda Hindman (Penn.), Carrie Chapman Catt (Wash.), Laura M. Johns (Kan.), Clara Bewick Colby (Neb.), the Rev. Helen G. Putnam (N. D.), Julia B. Nelson (Minn.) Miss Anthony was always and everywhere the moving spirit and contributed her services the entire six months without pay. When $300 were lacking to settle the final expenses she paid them out of her own pocket. Mr. Blackwell also donated his services. Most effective State work was done by Mrs. Emma Smith De Voe, and the home of Mr. and Mrs. De Voe was a haven of rest for the toilers during the campaign. Among the other valuable State workers were Dr. Nettie C. Hall, Mrs. Helen M. Barker, and Mrs. Elizabeth M. Wardall, superintendent of press. A large number of ministers indorsed the amendment. Two grand rallies of all the speakers were held, one in Mitchell, August 26, 27, during which time Miss Anthony, Mr. Blackwell, Miss Shaw and Mrs. Pickler addressed the Republican State Convention; the other during the State Fair in September. The 17th was "Woman's Day" and the Fair Association invited the ladies to speak. Miss Anthony, Miss Shaw and Mrs. De Voe complied. The summing up of the superintendent of press was as follows: Total number of addresses by national speakers, 789; State speakers, 707; under the auspices of the W. C. T. U., 104; total, 1,600; local clubs of women organized, 400; literature sent to every voter.

It would be difficult to put into words the hardships of this campaign of 1890 in a new State through the hottest and dryest summer on record. Frequently the speakers had to drive twenty miles between the afternoon and evening meetings and the audiences would come thirty miles. All of the political State conventions declined to indorse the amendment. The Republicans refused seats to the ladies on the floor of their convention although Indians in blankets were welcomed. The Democrats invited the ladies to seats where they listened to a speech against woman suffrage by E. W. Miller, land receiver of the Huron district, too indecent to print, which was received with cheers and applause by the convention. The minority committee report asking for an indorsement, presented by Judge Bangs of Rapid City, was overwhelmingly voted down. A big delegation of Russians came to this convention wearing huge yellow badges lettered, Against Woman Suffrage and Susan B. Anthony.

The greatest disappointment of the campaign was the forming of an Independent party by the Farmers' Alliance and the Knights of Labor. The Alliance at its convention the previous year, 478 delegates present, at the close of Miss Anthony's address, had declared that they would do all in their power to carry the suffrage amendment, and it was principally on account of their assurances of support and on the invitation of their leaders, that she undertook the work in South Dakota. The Knights of Labor at their convention in January of the present year had adopted a resolution which said: "We will support with all our strength the amendment to be voted on at the next general election giving women the ballot ... believing this to be the first step toward securing those reforms for which all true Knights of Labor are striving."

But the following June these two organizations formed a new party and absolutely refused to put a woman suffrage plank in their platform, although Miss Anthony addressed their convention and implored them to keep their promise, assuring them that their failure to support the amendment would be its death blow. The previous summer H. L. Loucks, president of the Farmers' Alliance, had made a special journey to the State suffrage convention at Minneapolis to invite her to come to South Dakota to conduct this canvass. He was a candidate for Governor on this new party ticket and in his speech of acceptance did not mention the pending amendment. Before adjourning the convention adopted a long resolution containing seven or eight declarations, among them one that "no citizen should be disfranchised on account of sex," but so far as any party advocacy was concerned the question was a dead issue.

A bitter contest was being made between Huron and Pierre for the location of the State capital, and the woman suffrage amendment was freely used as an article of barter. There were 30,000 Russians, Poles, Scandinavians and other foreigners in the State, most of whom opposed woman suffrage. The liquor dealers and gamblers worked vigorously against it, and they were reinforced by the women "remonstrants" of Massachusetts, who sent their literature into every corner of the State.

At the election, Nov. 4, 1890, the amendment received 22,072 ayes, 45,862 noes, majority opposed 23,790. The Republicans carried the State by 16,000 majority.

At this same election an amendment was submitted as to whether male Indians should be enfranchised. It received an affirmative vote of 45 per cent.; that for woman suffrage received 35 per cent. Of the two classes of voters it seemed the men preferred the Indians. It was claimed by many, however, that they did not understand the wording of the Indian amendment and thought they were voting against it.[207]

As the School Suffrage possessed by women applied only to trustees and did not include the important offices of State and county superintendents, and as it was held that the franchise for this purpose could be secured only by a constitutional amendment, it was decided to ask for this. Through the efforts of Mrs. Anna R. Simmons and Mrs. Emma A. Cranmer, officers of the State Association, a bill for this purpose was secured from the Legislature of 1893. As there seemed to be no objection to women's voting for school trustees it was not supposed that there would be any to extending the privilege for the other school officers. It was submitted at the regular election in November, 1894, and defeated by 17,010 ayes, 22,682 noes, an opposing majority of 5,672.

In 1897 the above ladies made one more effort and secured from the Legislature the submission again of an amendment conferring the Full Suffrage on women. The campaign was managed almost entirely by Mrs. Simmons and Mrs. Cranmer. The National Association assisted to the extent of sending a lecturer, Miss Laura A. Gregg of Kansas, who remained for two months preceding the election; and $100 worth of literature also was furnished for distribution. The Dakota women raised about $1,500, and every possible influence was exerted upon the voters. The returns of the election in November, 1898, gave for the amendment 19,698; against, 22,983; adverse majority, 3,285.

In 1890 the amendment had received 35 per cent. of the whole vote cast upon it; in 1898 it received 77 per cent. The figures show unmistakably that the falling off in the size of the vote was almost wholly among the opponents.[208]

Organization: After the defeat of the suffrage amendment in 1890 a more thorough State organization was effected and a convention has been held every year since. That of 1891 met in Huron and Mrs. Irene G. Adams was elected president. Soon afterwards she compiled a leaflet showing the unjust laws for women which disgraced the statute books.

In 1892 a successful annual meeting took place at Hastings and Mrs. Mary A. Groesbeck was made president. In September, 1893, the convention was held in Aberdeen during the Grain Palace Exposition. The State president and the president elect, Mrs. Emma A. Cranmer, had charge of the program for Woman's Day, and Mrs. Clara Hoffman (Mo.) gave addresses in the afternoon and evening.

In 1894 Mrs. Anna R. Simmons was elected president and continued in office for six years. This year $100 was sent to aid the Kansas campaign. During 1894 and '95 she made twenty public addresses and held ten parlor meetings. At the convention in Pierre in September, 1895, she was able to report fifty clubs organized with 700 members. Mrs. Carrie Chapman Catt, chairman of the national organization committee, was present at this convention.

Active work was continued throughout 1896 and 1897, when the submission of a suffrage amendment was secured. The year of 1898 was given up to efforts for its success. Mrs. C. C. King established and carried on almost entirely at her own expense the South Dakota Messenger, a campaign paper which was of the greatest service. The State convention met in Mitchell September 28-30. Miss Elizabeth Upham Yates (Me.) came as representative of the National Association and gave two addresses to large audiences. The following October a conference of National and State workers was held at Sioux Falls, the former represented by Mrs. Chapman Catt, the Rev. Henrietta G. Moore (O.) and Miss Mary G. Hay, national organizers. Several public sessions were held.

The annual meeting of 1899 took place in Madison, September 5, 6. The tenth convention met in Brookings, Sept. 5, 1900. Mrs. Simmons having removed from the State, Mrs. Alice M. A. Pickler was elected president. Mrs. Philena Everett Johnson was made vice-president.[209]

Among the prominent friends of woman suffrage may be mentioned the Hon. Arthur C. Mellette, first State Governor; U. S. Senators Richard F. Pettigrew, James H. Kyle and Robert J. Gamble; Lieutenant-Governor D. T. Hindman; members of Congress J. A. Pickler, W. B. Lucas and E. W. Martin; the Hons. S. A. Ramsey and Coe I. Crawford; Attorney-General John L. Pyle, Judge D. C. Thomas, General W. H. Beadle, Professor McClennen, of the Madison Normal School, and ministers of many churches. The Hon. J. H. Patton and the Hon. W. C. Bowers paid the expenses of the legislative committee of the suffrage association while they were in Pierre during the winter of 1897 to secure the submission of an amendment. Chief Justice of the Supreme Court A. J. Edgerton, was a pronounced advocate of woman suffrage and appointed a woman official stenographer of his judicial district, the best salaried office within his gift. Associate Justice Seward Smith appointed a woman clerk of the Faulk County district court.[210]

Laws: Neither dower nor curtesy obtains. If either husband or wife die without a will, leaving only one child or the lawful issue of one, the survivor is entitled to one-half of the separate estate of the other; or one-third if there are more than one child or the issue of more than one. If there are no children nor the issue of any, the survivor is entitled to one-half of the estate and the other half goes to the kindred of the deceased. If there are none the survivor takes all. A homestead of 160 acres, or one-quarter of an acre in town, may be reserved for the widow or widower.

Either husband or wife may dispose of separate property, real or personal, by deed or will, without the consent of the other. Joint real estate, including the homestead, can be conveyed only by signature of both, but the husband may dispose of joint personal property without the consent of the wife.

In order to control her separate property the wife must keep it recorded in the office of the county register.

On the death of an unmarried child the father inherits all of its property. If he is dead and there are no other children, the mother inherits it. If there are brothers and sisters she inherits a child's share.

A married woman can not act as administrator. Of several persons claiming and equally entitled to act as executors, males must be preferred to females.

A married woman can control her earnings outside the home only when living separate from her husband.

The father is the legal guardian and has custody of the persons and services of minor children. If he refuse to take the custody or has abandoned his family or has been legally declared a drunkard, the mother is entitled to the custody.

The law declares the husband the head of the family and he must support the wife by his separate property or labor, but if he has not deserted her, and has no separate property, and is too infirm to support her by his labor, the wife must support him and their children out of her separate property or in other ways to the extent of her ability. An act of Feb. 21, 1896, makes the wife liable for necessaries for the family purchased on her own account to the same extent that her husband would be liable under a similar purchase, but with no control over the joint earnings.

The causes for divorce are the same as in most States but only six months' residence is required. The disposition of the children is left entirely with the court.

In 1887, through the efforts of the W.C.T.U., the "age of protection" for girls was raised from 10 to 14 years. In 1893 they tried to have it made 18 but the Legislature compromised on 16 years. Rape in the first degree is punishable by imprisonment in the penitentiary not less than ten years; in the second degree, not less than five years.

The penalty for seduction and for enticing away for purposes of prostitution is prescribed by the same words "is punishable," which in reality leaves it to the judgment of the court, but the statutes fix the penalty for all other crimes by the words "shall be punished." In addition to this latitude the penalty for seduction or enticing for purposes of prostitution is, if the girl is under 15, imprisonment in the penitentiary not more than five years, or in the county jail not more than one year, or by fine not exceeding $1,000, or both; with no minimum penalty.

Suffrage: The Territorial Legislature of 1879 gave women a vote on questions pertaining to the schools, which were then decided at school meetings. This was partially repealed by a law of 1883 which required regular polls and a private ballot, but this act did not include fifteen counties which had school districts fully established, and women still continued to vote at these district school meetings. In 1887 a law was enacted giving all women the right to vote at all school elections for all officers, and making them eligible for all school offices. The constitution which was adopted when South Dakota entered the Union (1889) provided that "any woman having the required qualifications as to age, residence and citizenship may vote at any election held solely for school purposes." As State and county superintendents are elected at general and not special elections, women can vote only for school trustees. They have no vote on bonds or appropriations.

Office Holding: The State constitution provides that all persons, either male or female, being twenty-one years of age and having the necessary qualifications, shall be eligible to the office of school director, treasurer, judge or clerk of school elections, county superintendent of public schools and State Superintendent of Public Instruction. All other civil offices must be filled by male electors.

There are at present eleven women serving as county superintendents. They sit on the school boards in many places and have been treasurers. A woman was nominated for State Superintendent of Public Instruction by the Independent party.

Efforts to secure a law requiring women on the boards of State institutions have failed. The Governor is required to appoint three women inspectors of penal and charitable institutions, who are paid by the State and make their report directly to him. They inspect the penitentiary, reform school, insane hospitals, deaf and dumb institute and school for the blind. There is one assistant woman physician in the State Hospital for the Insane. Women in subordinate official positions are found in all State institutions.

They act as clerks in all city, county and State offices and in the Legislature, and have served as court stenographers and clerk of the Circuit Court.

There are eight women notaries public at the present time.

Occupations: No profession or occupation is legally forbidden to women. Ten hours is made a legal working day for them. Four women are editing county papers.

Education: All institutions of learning are open alike to both sexes and there are women on the faculties. In the public schools there are 1,225 men and 3,581 women teachers. The average monthly salary of the men is $36.45; of the women $30.82.

The W.C.T.U. was the first organization of women in the State and through its franchise department has worked earnestly and collected numerous petitions for suffrage. The Woman's Relief Corps is the largest body, having 1,800 members. The Eastern Star, Daughters of Rebekah, Ladies of the Maccabees, and other lodge societies are well organized. The Federation of Clubs, the youngest association, represents 200 members. A number of churches have women on their official boards.

[200] At the New Orleans Exposition in 1885 the displays of Kansas, Dakota and Nebraska taught the world the artistic value of grains and grasses for decoration, but it was exemplified most strikingly in the Dakota's Woman's Department, arranged by Mrs. J. M. Melton of Fargo. Among the industrial exhibits was a carriage robe sent from a leading furrier to represent the skilled work of women in his employ. There were also bird fans, a curtain of duck skins and cases of taxidermy, all prepared and cured by women, and a case of work from women employed in the printing office of the Fargo Argus. Four thousand bouquets of grasses were distributed on Dakota Day and carried away as curious and beautiful memorials. All were made by women in the Territory.