Evening journal., 1915-08-25
EQUAL GUARDIANSHIP
IN MASSACHUSETTS,.

IN MASSACHUSETTS,.
Woman suffragists all over the
country are circulating a statement
that the Massachusetts Anti-Suffrage
Association opposed the granting OF
Equal Guardianship Of children in
Massachusetts,.
That association has never opposed
either by special circulation Of litera-
ture or before any special committee
lany legislative bill concerning equal
guardianship of children.
The Ant-Su1rage Association in
1899 in answer to many demands. is
sued a pamphlet on the equal custody
OF children, but II was neither writ
ten, published or circulated in oppo-
sition to a bill for the equal custody
of children.
This leafet was an abstract state
ment of the law then in force, and
its working; II was issued because
the suffragists were continually cit
ing the law then in force as an ex-
ample OF the injustice and subiection
under which women suffered in the
State of Massachusetts, In point of
fact, the practice Of the courts for
years had been to interpret the exist
ing law in such way as always to
give the mother the custody of her
children II she was a At person and
could show that she would be able
to provide for theA Chief Justice
Field gave as his opinion that there
was probably not one case on record
for the twenty years preceding
whefe a mother had failed to receive
the custody Of the child If she met
these requirements of fitness and
pecuniary responsibilities.
The present operation of the Equal
Guardianship law is no different from
the practice of the Massachusetts,
courts before the law was passed.
prominent suffrage leaders of New
York was sued for a divorce, the
courts gave the custody OF the three
minor children to the father as
more fitting person than the mother
to have charge of them. although
New York has had an Equal
Guardianship law since 1893.
Suffragists reiterate that because
they lacked the ballot, Massachusetts
woman had to work 45 years to gain
the Equal Guardianship law, which
was passed in 1902 No legislation of
this sort was proposed in 1896. 1897,
1898, 1899 OF 1900 In 1902 the Anti
Suffrage Association had appealed to
the Boston Bar Association asking
them to frame a law making father
and mother co-guardians of children
and this matter was under considera-
ton when the Massachusetts Legisla-
ture passed such a law. At that time
only seven other States had a similar
law: New York (1893),. Pennsyl-
vania 1885. Kansas, Maine,
Nebraska, Rhode Island and Colo
RADIO, only one of which was a suf-
frage State. Wyoming has had suf-
frage for AZ years without passing an
Equal Guardianship law.
Suffragists also state that in Colo
RADIO an Equal Guardianship law was
passed the very next year after wom-
en- got the vote. They neglect to
state, however, that the Colorado law
was not the result Of woman suffrage
in that State, but was placed on the
statute books through the efforts of a
Buffalo woman. then a resident OF
Colorado. who before she undertook
the WoIh Aoi equi Suoi uidhShip III
Colorado, returned 10 Buffalo and
consulted with Mrs. George w.
Townsend Of that city. who had sue
ceeded in securing an Equal
Guardianship law 10 New York the
year before, and who was able to
advise her what lines 10 pursue.
Mrs. Townsend was the active
head OF the Women's Educational
land Industrial Union of Buffalo and
one Of the most public spirited wom-
en- Of the state.
Mrs. Townsend wrote regarding
the matter: knowing that the wom-
an suffragists had been working for
llong years to secure equal guardian
ship. our Union was especially care