Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Coming finally to political rights, the subject of women's suffrage
alone might well be reserved for a separate chapter, if, indeed, it is
to be disposed of by any one mind; but at least the actual occurrences
may be stated. As mentioned above in our chapter on political rights,
it now exists, by the constitutions of four States; and has been
submitted by constitutional amendment in several others and refused.
No actual progress, therefore, has been made in fifteen years. As to
office-holding, the constitutions of Missouri and Oklahoma--one most
conservative, the other most radical--both specify that the governor
and members of the legislature must be male. In South Dakota women may
hold any office except as otherwise provided by the constitution. In
Virginia, by the constitution, they may be notaries public. In all
other States, save the four women's-suffrage States, the common law
prevails, and they may not hold political office. The first entirely
female jury was empanelled in Colorado this year (1910). In some
States, however, statutes have been passed opening certain offices,
such as notaries public, and, of course, the school commission. Such
statutes are, in the writer's opinion, illogical; if women, under
a silent constitution, can hold office by statute, they can do it
without. It is or is not a constitutional right which the legislature,
at least, has no power to give or withhold.
Generally in matters of education they have the same rights both to
teach and be taught as males. Indeed, Idaho, Washington, and Wyoming
declare that the people have a right to education "without distinction
of race, color, caste, or sex," and that is practically the case by
the common law of all States, though there is nothing to prevent
either coeducation or segregation in schools. The recent tendency of
custom is certainly in the latter direction, Tufts, Wesleyan, and
other Eastern colleges having given up coeducation after trial, and
the principle having been attacked in Chicago, Michigan, and other
universities, and by many writers both of fact and fiction.
Public-domain text, read in full here on John Shaqi.
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