Page:History of Woman Suffrage Volume 4.djvu/1064

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HISTORY OF WOMAN SUFFRAGE.

suggested that as the Presidential election was near at hand, politicians would not leave it uncertain as to whether or not women were entitled to vote, but would secure an interpretation of the law from the Supreme Court without proper argument and presentation of the facts, hence the State W. S. A. decided to test the matter itself. The case was brought by Mrs. Brown against the election inspectors in Racine for refusing to accept her vote, and was ably argued before Judge John B. Winslow of the Circuit Court, now a member of the Supreme Court of Wisconsin. He overruled the demurrer of the inspectors, stating that women were entitled to vote at that election and for all candidates, thus confirming the law.

An appeal was immediately taken by the inspectors to the Supreme Court, and in order to keep the subject before the people and to create a favorable public sentiment the association continued its canvass by distributing literature and giving lectures. The decision rendered Jan. 31, 1888, was written by Justice John B. Cassody and was so vague and loosely worded that lawyers were not agreed as to its meaning. He reversed the finding of the lower court, however, declaring the intent of the law to be to confer School Suffrage only.[1]

The association now found itself confronted by a large debt, the whole suit having cost about $1,500, but by active work the autumn of 1888 found everything paid. In all this Mrs. Almeda B. Gray, one of the officers of the association, was a leading spirit, contributing largely in time and money; Mrs. M. A. Fowler worked night and day, making routes for speakers and planning the campaign, other women assisted according to their ability and the club at Richland Center did excellent service. The decision still left room for litigation, the claim being made that the ruling of the Supreme Court plainly recognized the right of women to vote provided their ballots were put in a separate box.

In the following November Wm. A. McKinley was elected Superintendent of Schools for Oconto County by the votes of women placed in a separate box. His election was contested and the case was argued before Judge Samuel B. Hastings of Green

  1. The open letter addressed to Judge Cassody, March 28, 1888, by Mrs. Brown, in regard to this decision, was pronounced by the best lawyers as unsurpassed in logic, legal acumen, keen sarcasm and righteous indignation. [Eds.