Suffrage: Women possess no form of suffrage.
In 1900, to make a test case, Mrs. Ellen Clark Sargent brought suit before Judge M. C. Sloss, of the Supreme Court of San Francisco, to recover her taxes for that year, about $500. The city through its attorney filed a demurrer which was argued March 29 by George C. Sargent, son of the plaintiff and a member of the bar. He based his masterly argument on the ground that a constitution which declares that "all political power is inherent in the people" has no right to exclude one-half of the people from the exercise of this inherent power. He quoted the most eminent authorities to prove that taxation and representation are inseparable; that the people of the United States would have been slaves if they had not enjoyed the constitutional right of granting or withholding their own money; that it is inseparably essential to the freedom of a people that no taxes can be imposed upon them except with their consent given personally or by their representatives. He said in closing:
If Article I of the State constitution defines inalienable rights and Article II abrogates them, it is monarchy. The Code of Civil Procedure says that where one of two constructions is in favor of natural right and the other against it, the former shall be accepted. The question is whether the Court shall grant this right, or whether by toil and struggle it shall be wrung from the consciences of the electors.
The court decided that the case required a mandamus before the Registrar. Application was then made for a writ of mandate against the Registrar of Elections to compel him to place Mrs. Sargent's name upon the list of voters. Should this be denied she asked to have her taxes returned. Both demands were refused by Judge Sloss in the Superior Court. He took the ground that if Mr. Sargent's argument should be carried to its logical conclusion it would enfranchise idiots, lunatics and criminals; that if there is a conflict between the two sections of the constitution cited it should be settled in favor of limiting the suffrage to males, as where a general and a particular provision are inconsistent the latter is paramount to the former. He quoted various State Supreme Court decisions and declared that he decided the case according to the law.[186]
As Mrs. Sargent had every assurance that this judgment would be sustained by the Supreme Court she did not carry the case further. It attracted attention and comment in all parts of the country and she received encouragement and wishes for her success from all classes of society.
Office Holding: The Legislature of 1873 made women eligible to all School offices. None ever has been elected State Superintendent of Public Instruction but there is scarcely a county where women have not served as superintendents. At present seventeen are acting in this capacity. They have frequently been elected School Trustees and a woman is now president of the San Francisco school board at a salary of $3,000 per annum.
The constitution is interpreted to prohibit women from holding any other office. It is claimed by some that this does not include the boards of State institutions, but out of twenty-six such boards and commissions only one ever has had a woman member—Mrs. Phœbe A. Hearst, who is on the Board of Regents of the State University.
There are women on local library boards. A woman has been assistant State Librarian, and there have been women deputies and clerks in county and city offices. At present in the offices of the Attorney-General, Board of Examiners, State Department of Highways and Debris Committee women hold positions as clerks at salaries of from $1,200 to $1,800. They may serve as notaries public.
In the autumn of 1899 the California Woman's Club resurrected an old law which never had been enforced, providing for the appointment of assistant women physicians at the hospitals for the insane "provided there are already three assistant male physicians." They petitioned the proper authorities and the matter was presented to the State Lunacy Commission by Gov. Henry T. Gage with his earnest indorsement. From highly qualified candidates, whom the club had in readiness, two were appointed, and the promise was made that others should be at an early date. In a short time the superintendent of one hospital wrote that he did not see how they ever had managed without a woman physician.
A woman physician is on the Board of Health in Oakland.