The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-01-06

wives of other men. The full morning is come
in Indiana law on this subject. A woman may
be elected township trustee, women manage and
control the Womans Reformatory and Prison,
and may serve on the boards controlling benevo-
lent and reformatory institutions. In short,
there is little left for women to demand by way
of equal civil rights in Indiana. They have the
privilege now, if they have the ambition to pos
sess, nearly equal with men. There are some
changes, however, still necessary to be made in
property rights.
PROPERTY RIGHTS.
I am opposed to any law based upon the sup
position that a woman is either fool or knave;
therefore, | would recommend that our LegisIa-
ture be asked to amend section 5l15, by abolish
ing the exception" which would then release
women from all legal disabilities, the same as II
they were men. They should also repeal section
5119, which reads: "a married woman shall not
enter into any contract of suretyship, whether
as indorser, guarantor, or in any other manner;
and such contract, as to her, shall be void"
Another law that should be changed is that re-
lating to descent of personal property. A man
may will every dollar of his personal property,
except 500, from his wife. If his possessions
are not in real estate he may turn his wife a
pauper upon the streets, though he be worth
thousands in money, stocks, bonds, etc.
would have the laws of descent so changed
that one-half of all property, free from all cred
itors, would be inherited by the surviving wife
or husband whether he or she die testate or in
testate. would recommend that section 1860
be so changed as to forever hold all within the
four walls of home sacred from the invasion OF
the appraiser. / know that / echo the sad re-
frain of many a widows heart when l say that
next to the funeral day the day of the apprais-
ers visit was hardest to endure. Nothing is
more difficult to solve, in justice to all, than
the laws of descent. and there will be exceptions
where some may suffer injustice at the hands of
written law; but, with. these few changes made
in Indiana laws, l believe that equality in prop
erty rights will be about as nearly established as
may be between men ami w~omen-unless lndi-
ana men complain. Did the breadth of my sub
ject permit, 1 should ask for some changes in
these laws on behalf Of 'mens rights" Some
of our property rights are more unjust to men
than they should be in the name Of equality
before the law"
POLITICAL LIGHTS
AS liberty in civil rights just precedes political
rights, it is but fair to suppose that women will
soon enjoy a better condition in political rights.
In considering the enlargement of the political
rights of women we must note that the State
Legislature has the right to do that which is not
expressly forbidden by the State Constitution.
In constituting the Constitution of the State we
have the right to demand that the said instru-
ment shall not conflict with the spirit or the let
ter Of the national Constitution. Members of the
legal fraternity reflect their own views very
largely in Interpreting written law, and when
pressed to gain a point they invariably
interpret according TO the spirit or the
letter as serves them best, and this Is
UL0 1dUlUuU0 CudV i Shall 0UldQ ia ulSCuSSluR
the political rights of the women of Indiana;
taking it for granted that my audience is of the
enlightened classes, equally so, at least, as the
Supreme Court of Massachusetts, that has de-
cided, after many hours of deliberation, that "a
woman is a person"
The trainers of the national Constitution said
nothing about who should or should not be a
voter until class legislation was attempted fun
der narrow-minded prejudice) by certain
States. when it was found necessary to restrain
in iii otlrQ Tn cifiZnOG hU an Qmnn0mAnt
Article XIV, Section 1, which says: "All
persons born or naturalized in the United States
and subject to the jurisdiction thereof. are citi-
zens of the United States and of the State
enforce any law which shall abridge the privi-
leges or immunities of citizens of the United
States; nor shall any State deprive any person
of life, liberty or property, without due process
Of law, nor deny to any person. within its juris-
diction the equal protection of the laws" Arti-
Gle ID, Sec. l, also says: '"The right of citizens
Of the United States to vote shall not be denied
or abridged by the United States. or by any
State, on account of race, color or previous con-
dition of servitude."
That women are considered persons in the
full Interpretation of the term in the national
Constitution, is rendered very plain by the text of
Section 9, Article XIV, which says: Representa-
tives shall be apportioned among the several
States according to their respective numbers,
counting the whole number of persons in each
State, excluding Indians, not taxed" This in
depreciation is held good by the practice which
considers women as persons" in the enumera
ton for representatives. Women are now rep
resented in Congress as the slaves were a few
years since; counted but not voted. Are we
civilized?
SUFFRAGE LAWS OF INDIANA.
Article ], Bill of Rights" Section 1. says:
I'VE declare, that all men are created equal;
that they are endowed by their Creator with
certain inalienab.e rights; that among these are
life, liberty and the pursuit of happiness; that
all power is inherent with the people; and that
all free governments are, aud of right ought to
be, founded on their authority, and instituted
for their peace, safety and well being. For the
advancement Of these ends. the people have, at
all times, an indefeasible right to alter and re-
form their government" Section % says: ''The
General Assembly shall not grant to any citizen
or class Of citizens, privileges or immunities
which, upon the same terms, shall not equally
belong to all citizens"
Article III, Section /, declares: GAIL elections
shall be free and equal Section 2 says: I'm
all elections, not otherwise provided for by this
Constitution, every white male citizen of the
United States, of the age of twenty one years
and upwards, who shall have resided in the State
during the six months Immediately preceding
such election; and every white male Of foreign
birth, of the age of twenty-one years and up
wards, who shall have resided in the United
States one year, and shall have resided III the
State during the six months Immediately pre-
ceding such election, and shall have declared his
intention to become q citizen Of the United
States, conformahly to the laws of the United
States on the subject of naturalization, shall be
entitled to vote in the township or precinct
where he may reside. No soldier, seaman or
marine in the army or navy of the United States
shall have the right to vote" Section 5 says
mo negro or mulatto shall have the right of
suffrage" The General Assembly has power to
deprive men convicted of Infamous crimes of
the right of suffrage These are the only express
sions within the national or State Constitution
that bear upon the right of persons to suffrage.
Ma rch ID. 1881, by amendment to the State Con
s~titution the word white before male citizens"
was stricken out.
Before going back of the State Constitution to
make any claims. we will consider how far the
political rights of women may be enlarged with
out striking the word male" from said Consti-
tuition. The powers of the State government
are divided into three Observation-Disclosures
executive and judicial. There is no provision in
the State Constitution, under the strict letter of