History of Woman Suffrage/Volume 4/Chapter 65
CHAPTER LXV.
TEXAS.[1]
The first addresses in favor of woman suffrage in Texas are believed to have been given by Mrs. Mariana T. Folsom in 1885. The first attempt at organization was made on May 10, 1893, when Mrs. Rebecca Henry Hayes called a meeting in the parlors of the Grand Windsor Hotel at Dallas for the purpose of forming a State association. Fifty-two names were enrolled; Mrs. Hayes was made president, Dr. Lawson Dabbs corresponding secretary, and Margaret L. Watrous, recording secretary.[2] Mrs. Sarah S. Trumbull was elected State organizer and auxiliary associations were formed in various towns. Mrs. Hayes traveled 9,000 miles in the interest of this cause during the next two years, but as Texas has 360 counties and a scattered and widely separated population, organized work is very difficult.
In 1896 Mrs. Elizabeth Good Houston became president. Mrs. Alice McAnulty served a number of years most efficiently as corresponding secretary. Dr. Grace Danforth also did effective work. Mrs. L. A. Craig presented the question to the Democratic State Convention of 1894, but without any practical result. Mrs. McAnulty and Mrs. Elizabeth Fry attended the Populist State Convention the same year, but no action was taken.
Since. 1,887 the State W. C. T. U. has been pledged to woman suffrage. The president, Mrs. S. C. Acheson, under whose management it was adopted, was an enthusiast upon the subject. Mrs. Fry was the first State superintendent of franchise, and, through both the W. C. T. U. and the W. S. A., has rendered valuable service. Later, Mrs. Mary E. Prendergast filled this position, distributing much literature and speaking in many cities. Judge Davis McGee Prendergast became a convert before his wife and convinced her of the righteousness of woman suffrage. These two ladies are southern-born and life-long Texans.
Legislative Action And Laws: In 1891, through the efforts of the W. C. T. U., the "age of protection" for girls was raised from 10 to 12 years. In 1895 it was raised to 15 years. The penalty is death or imprisonment in the penitentiary from not less than five years to life.
No attempt ever has been made to secure the franchise, but at this time (1895) the women learned that thirty of the legislators believed in woman suffrage, one of them declaring: "If some of these seats were occupied by women, we men would do better work."
Neither dower nor curtesy obtains. If there are any lineal descendants a surviving husband or wife is entitled to a life interest in one-third of the real estate and to one-third of the personal estate absolutely; if none, to all the personal property and a life interest in one-half the real estate. If there are neither father, mother, brothers, sisters nor their descendants, the surviving husband or wife is entitled to the whole estate, both real and personal, as to separate property.
In addition to such provision, one-half of the community property passes to the widow or widower if there are one or more children and the whole of such property if there are no lineal descendants. A widow or widower is also entitled to retain a homestead not exceeding $5,000 in value. If either husband or wife die without a will or become insane, and there are no living descendants, and the other party to the marriage has no separate estate, the community property passes to the survivor without an administration, unless there is a guardianship by the State of the insane spouse. If, however, there are descendants. the survivor has the exclusive management of the community property. A woman loses this right if she contract another marriage. In the event of the insane person being restored to sound mental condition, an accounting of such property must be rendered.
The property which a woman owns at marriage, or acquires by gift, devise or descent afterward, remains her separate estate, but passes under the absolute control of the husband, except that he can not sell it without her consent.
The wife can not sell her separate property without the husband’s consent. He may sell his separate property without hers.
He may also sell the community property, except the homestead, without her consent.
The wife must sue and be sued jointly with her husband in regard to her separate property, and all other matters.
The wages of the wife belong to the husband as part of the community property, whether she is living with him or separate from him.
Divorce is granted to the husband if the wife commit a single act of adultery; to the wife, only if the husband has abandoned her and lived in adultery with another. The law places the division of the property entirely in the hands of the judge, but provides that “nothing herein contained shall be construed to compel either party to divest himself or herself of real estate.” Supreme Court decisions have laid down the general rule that separate property shall be restored to its owner. Where there are no children the community property may be divided as in case of death. The court, however, may make such provision as it deems essential for the support of wife or children or an invalid husband. If necessary it may place separate or community property in the hands of trustees, the rents and profits to be applied to the maintenance and education of the children or the support of the wife. The judge assigns the children for their best interests. In general practice the mother, unless disqualified morally, retains the custody of female children of any age and of males to the age of eight, when they are usually given to the father. There is no absolute rule, and in case of children or property an appeal may be taken to a higher court.
The father is the natural guardian of the persons and education of the minor children, and is entitled to be appointed guardian of their estates.
The law of support, revised in 1895, provides that “if the husband fail to support the wife or children from the proceeds of the land she may have or fail to educate the children as the fortune of the wife would justify, she may in either case complain to the County Court, which upon satisfactory proof shall decree that so much of her proceeds shall be paid to the wife for the support of herself and the education of the children as the court may deem necessary."[3]
Suffrage: Women possess no form of suffrage.
Office Holding: Most of the public offices have some women on their clerical force, that of the comptroller having seven. They are paid the same as men for the same work.
Women were postmasters of both Senate and House in the Legislature of 1900, and acted as clerks of committees.
They can serve as notaries public.
Occupations: No profession or occupation is legally forbidden to women. They practice law and medicine, are managers of many kinds of business and proprietors of hotels, and two have been presidents of banks.
Mrs. Henrietta King is widely known as "the Cattle Queen of the World." Her ranch covers a million acres, and the net proceeds of her sales of horses and cattle are estimated at $500,000 a year. A number of women own and manage ranches.
Education: Most of the leading institutions of learning are open to both sexes. Among these are the State University, Baylor University (Baptist), Southwestern University (Methodist South), Fort Worth Polytechnic (Methodist Episcopal) Trinity University (Cumberland Presbyterian) and Wiley University (colored). Austin College and the State Agricultural and Mechanical College are restricted to male students.
The State Industrial College for Girls (white) was established by the Legislature of 1900, with an appropriation of $60,000 All of the industries will be taught, from domestic science to draughting. The W. C. T. U. and others had been petitioning for this ten years.[4]
The Prairie View State Normal School for colored youth of both sexes has had an Industrial Department from its beginning years ago. A movement is now on foot to establish such a department as a portion of the public school system. Austin already has one, made possible by legacy, and its fine results have greatly inspired the law-makers.
One woman has served as superintendent of schools at Waco, and there are many women principals of High Schools.
There are in the public schools 7,347 men and 7,672 women teachers. The average monthly salary of the men is $49.20; of the women, $35.50.
Practically all of the progressive steps enumerated above have been taken since 1883. When it is remembered that less than twenty years ago women were virtually ostracized if they attempted any kind of occupation outside the home, even teaching being looked upon askance, the changes seem almost miraculous.
Texas has 130 Woman’s Clubs with a membership of about 3,500. With other good works they have distributed great quantities of reading matter among isolated families. They also have established forty public libraries and four traveling libraries.
- ↑ The History is indebted for this chapter to Mrs. Helen M. Stoddard of Fort Worth, president of the State Woman's Christian Temperance Union.
- ↑ Under the direction of Dr. Dabbs a Congress of Women was held in connection with the State Fair, and a Texas Woman's Council was formed, not committed to suffrage but progressive in its views.
- ↑ The lawyer who was consulted as to the accuracy of these statements said, after a careful examination: "There are so many other laws bearing upon each of these that all this is necessarily imperfect, but there is enough else, that is likewise true, to fill a book."
- ↑ In 1901 Mrs. Helen M. Stoddard was appointed by Gov. Joseph D. Sayers a member of the committee to locate this school. The appointment was confirmed by the Senate, and the committee of twelve men elected her secretary. She received, of course, the game pay as the other members. Later three women were placed on the Board of Regents, herself among the number. [Eds.