The History of Woman Suffrage Volume IV Part 91

The tax was immediately levied, the necessary legislative and const.i.tutional authority was obtained, the bonds were all sold and the work is now under way for a complete system of drainage, sewerage and water supply.

LEGISLATIVE ACTION AND LAWS: In 1894 a law was pa.s.sed permitting women to receive degrees from Law and Medical Schools; also one allowing a married woman to "subscribe for, withdraw or transfer stock of building, homestead or loan a.s.sociations, and to deposit funds and withdraw the same without the a.s.sistance and intervention of her husband." This law was secured by these a.s.sociations to protect their own interests.

In 1896 the same privilege was extended in regard to depositing money in savings banks and withdrawing it, which a married woman could not do up to this time.

The laws of Louisiana for the most part are a survival of the Napoleonic Code:

Art. 25. Men are capable of all kinds of engagements and functions, unless disqualified by reasons and causes applying to particular individuals. Women can not be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising. Widows and unmarried women of age may bind themselves as sureties or indorsers for other persons, in the same manner and with the same validity as men who are of full age.

Art. 81. If a father has disappeared, leaving minor children born during his marriage, the mother shall take care of them, and shall exercise all the rights of her husband with respect to their education and the administration of their estate.

Art. 82. If the mother contracts a second marriage, she can not preserve her superintendence of her children, except with the consent of a family meeting composed of the relations or friends of the father. [Failing to call this family meeting, she forfeits also her right to appoint a guardian at her death.]

Art. 121. The wife can not appear in court without the authority of her husband, although she may be a public merchant,[295] or possess her property separate from her husband.

Art. 122. The wife, even when she is separate in estate from the husband, can not alienate, grant, mortgage, acquire, either by gratuitous or enc.u.mbered t.i.tle, unless her husband concurs in the act, or yields his consent in writing.

Art. 126. A married woman over the age of twenty-one years, may, by and with the authorization of her husband, and with the sanction of the Judge, borrow money or contract debts for her separate benefit and advantage, and to secure the same, grant mortgages or other securities affecting her separate estate, paraphernal or dotal.

Art. 135. The wife may make her last will without the authority of her husband.

Art. 302. The following persons can not be tutors [_i. e._, guardians]: 1. Minors, except the father and mother. 2. Women, except the mother or grandmother. 3. Idiots and lunatics. 4.

Those whose infirmities prevent them from managing their own affairs. 5. Those whom the penal law declares incapable of holding a public office, etc.

Art. 1316. Married women, even if separated in property, can not inst.i.tute a suit for part.i.tion without the authorization of their husbands or of the Judge.

Art. 1480. A married woman can not make a donation _inter vivos_ [between living persons] without the concurrence or special consent of her husband, or unless she be authorized by the Judge.

But she needs neither the consent of her husband nor any judicial authorization to dispose by donation _mortis causa_ [in prospect of death].

Art. 1591. The following persons are absolutely incapable of being witnesses to testaments: 1. Women of what age soever. 2.

Male children who have not attained the age of sixteen years complete. 3. Persons who are insane, deaf, dumb or blind. 4.

Persons whom the criminal laws declare incapable of exercising civil functions.

Art. 1664. A married woman can not accept a testamentary executors.h.i.+p without the consent of her husband. If there is between them a separation of property, she may accept it with the consent of her husband, or, on his refusal, she may be authorized by the courts.

Art. 1782. All persons have the capacity to contract, except those whose incapacity is specially declared by law--these are married women, those of insane mind, those who are interdicted, and minors.

Art. 2335. The separate property of the wife is divided into dotal and extradotal. Dotal property is that which the wife brings to the husband to a.s.sist him in bearing the expenses of the marriage establishment. Extradotal property, otherwise called paraphernal property, is that which forms no part of the dowry.

Art. 2338. Whatever in the marriage contract is declared to belong to the wife, or to be given to her on account of the marriage by other persons than the husband, is part of the dowry, unless there be a stipulation to the contrary.

Art. 2347. The dowry is given to the husband, for him to enjoy the same as long as the marriage shall last.

Art. 2349. The income or proceeds of the dowry belong to the husband, and are intended to help him support the charges of the marriage, such as the maintenance of the husband and wife, that of their children, and other expenses which he may deem proper.

Art. 2350. The husband alone has the administration of the dowry, and his wife can not deprive him of it; he may act alone in a court of justice for the preservation or recovery of the dowry, against such as either owe or detain the same, but this does not prevent the wife from remaining the owner of the effects which she brought as her dowry.

Art. 2358. The wife may, with the authorization of her husband, or, on his refusal, with the authorization of the Judge, give her dotal effects for the establishment of the children she may have had by a former marriage.

All acc.u.mulations after marriage, except by inheritance, here as in all States, are the property of the husband. Any wages the wife may earn, the very clothes she wears, belong entirely to him.

The laws of inheritance of separate property are practically the same for widow and widower.

The father is the legal guardian of the persons and property of minor children. Until 1888 the custody of children while a divorce suit was pending was given to the father, but now this is granted to the mother. The final guardians.h.i.+p is awarded by the Judge to the one who succeeds in obtaining the divorce.

Before 1896 no "age of protection" for girls was named in the statutes, but the penalty for rape was death. In this year, the Arena Club of New Orleans, a socio-economic society of women, secured a law fixing the age at 16 years. The penalty was changed to imprisonment, with or without labor, for a period not exceeding five years, with no minimum penalty named.

SUFFRAGE: Since 1898 taxpaying women have the right to vote in person or by proxy on all questions of taxation.

OFFICE HOLDING: The clause in the const.i.tution of 1879 that made women eligible to school offices was inoperative on account of some technicality, which in 1894 Mrs. Helen Behrens, a member of the Portia Club, succeeded in having removed. In 1896 Mrs. Evelyn W. Ordway, as chairman of a committee from the Era Club, presented a pet.i.tion to the City Council signed by all of the editors and many other representative men of New Orleans, asking for the appointment of a woman to an existing vacancy on the school board, but this was refused. No women ever were appointed to such positions except in a few country districts.

The office of State librarian had been held by a number of women previous to 1898. The Const.i.tutional Convention of that year, however, which gave the taxpayer's suffrage to women, swept away every vestige of their right to hold any office by adopting a clause declaring that only qualified voters should be eligible to office.

Under this ruling women can not serve as notaries public.

There are no women on the boards of any public inst.i.tutions in the State and none has a woman physician.

Four police matrons are employed by New Orleans, one for the parish prison, one for the police jail and two for station houses.

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

EDUCATION: The State University at Baton Rouge is one of three in the United States which do not admit women to any department. Tulane, in New Orleans, the largest university in Louisiana, admits women to post-graduate work and to the Departments of Law and Pharmacy, but the Medical Department is still closed to them. The H. Sophie Newcomb Memorial College for Girls is a part of Tulane University. It was endowed by Mrs. Josephine Louise Newcomb with $2,500,000 in memory of her daughter. At her death she left to it the remainder of her estate, valued at $1,500,000.

New Orleans University (white) and Leland University (colored) are co-educational. Most of the other colleges in the State are open to women.

In the public schools there are 1,991 men and 2,166 women teachers.

The average monthly salary of the men is $37; of the women, $29.70.

FOOTNOTES:

[290] The History is indebted for the material for this chapter to Miss Kate M. Gordon, president of the Era Club, Mrs. Evelyn W. Ordway and Mrs. Martha Gould, all of New Orleans.

[291] Other presidents: Mrs. Elizabeth Lyle Saxon, Mrs. Evelyn W.

Ordway, Miss Florence Huberwald, Mrs. Helen Behrens.

[292] The clever reader between the lines will see that E. R.

A.--Equal Rights a.s.sociation--is concealed in this innocent appearing word.

[293] Miss Kate M. Gordon herself obtained and voted 300 proxies.

After the election the Business Men's a.s.sociation of New Orleans presented her with a gold medal. [Eds.

[294] So determined were the politicians to have this board elected, instead of appointed, in order that they might get control of the $42,000,000 fund, that a bill for this purpose was pa.s.sed by the Legislature of 1902 and signed by Gov. William W. Heard. The matter will be carried to the Supreme Court.

[295] Certain legal processes are necessary before a woman can engage in business on her own account.