The Modern Woman's Rights Movement: A Historical SurveySchirmacher, Käthe
History
The Modern Woman's Rights Movement: A Historical Survey
Schirmacher, Käthe
Women -- Social and moral questions; Women's rights
Women do not possess the right to vote in parliamentary elections; but, if
taxpayers, they can vote in municipal affairs in the whole of Great
Britain and Ireland. The _married_ women of England and Wales have a
restricted right of suffrage, however: they are "persons" and therefore
voters in parochial elections, in the election of poor-law administrators,
and of urban and rural district councillors; but they are not regarded as
"persons" and are not voters in elections for the borough and county
councils. In one single case, in the County of London, by the law of 1900,
married women were given almost the same rights as those exercised by
married women in Scotland and Ireland.[38] The right of single or married
women to hold office (passive suffrage)[39] has prevailed in England and
Wales since 1869 in respect to the offices of guardians of the poor,
overseers, waywardens, churchwardens,--and since 1870 (Education Act) in
respect to school boards.[40] At the very first school elections women
were elected, which induced women to have themselves presented also as
candidates for the offices of poor-law administrators. In 1875 the first
unmarried woman was elected to that office, the first married woman in
1881. In the discharge of their duties in both classes of offices the
women have acted admirably. Nevertheless, the reactionary Education Act of
June, 1903, took away from the women the right to hold office as members
of school boards in the County of London. They can still secure
administrative offices by governmental appointment, but no longer by an
election. In 1888 were created the county councils for England and Wales;
the county councils were at the same time organs for the self-governing
municipalities. Since this law, like those of 1869 and 1870, did not
specially exclude women from the right to hold office, two women, Mrs.
Cobden and Lady Sandhurst, presented themselves as candidates for the
office of county councillors of London. They were elected. Thereupon Mrs.
Beresford-Hope, whom Lady Sandhurst had defeated, contested the legality
of the election. In 1889, the Court of Appeals declared that women were
eligible to public office only _when this is expressly stated_.[41] This
decision of the Court, which was in conflict with the English
Constitution, also brought about the loss of the right of the women of
Scotland and Ireland to hold office as county councillors.
As a result of this judicial decision, when the new Local Self-government
Act for England and Wales was enacted (1894), it was necessary expressly
to state the eligibility of women (unmarried and married) to hold the
minor local offices (parish, urban, rural district councillors, poor-law
guardians, etc.). Article 22, however (in spite of historical precedents),
excluded women from the office of justice of the peace. In 1894 the same
thing occurred in Scotland, and in 1898 in Ireland.
Public-domain text, read in full here on John Shaqi.
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