The State association has sent the Woman's Journal, the Woman's Column and other suffrage literature to members of the Legislature for months at a time. Petitions always have accompanied the bills. Added to those presented in 1899 were resolutions adopted by various Chicago labor organizations of men, representing a membership of 25,000. The petitions of the State association generally have exceeded all those presented for all other measures.[241]
There has been no distinction between husband and wife in the laws of inheritance since 1873. The surviving wife or husband is endowed of a third part of all the real estate of which the other dies possessed. If either die without a will, leaving a surviving child or children, or descendants of such, the survivor receives, in addition, one-third of the personal estate absolutely. If, however, there are no lineal descendants, the widow or widower receives absolutely one-half of the real estate and the whole of the personal estate. If there are no descendants and no kindred, the whole estate goes to the surviving widow or widower.
A married woman has held her property in her own name since 1861. She has been entitled to engage in business, control her earnings, sue and be sued and make contracts since 1869.
Until 1901 the father was entitled to the care of the persons and education of the minor children. In 1898 Mrs. McCulloch published, in the form of a story called Mr. Lex, a résumé of the terrible injustice and cruelty possible under this law; and also pointed out the same possibilities in the administration of other laws which seem entirely fair to the casual observer. It was widely reviewed by the Chicago press and aroused much interest. In the winter of 1901 a bill was passed by the Legislature giving fathers and mothers equal guardianship and custody of their minor children. Mrs. McCulloch, representing the State E. S. A., had charge of this bill. A copy of her book, Mr. Lex, was sent to every member, as well as the full facts from every State which had such a law as the one proposed. She also obtained the indorsement of numerous organizations and influential persons, and had many individual letters written to members. All this simply to give mothers equal guardianship with fathers of their own children!
Mrs. McCulloch was ably assisted by the Rev. Kate Hughes. The bill passed by the large vote of 34 ayes, 8 noes, in the Senate; 119 ayes, one no, in the House. It was signed by Gov. Richard Yates on May 18.
The wife is entitled to support suited to her condition in life. The husband is entitled to the same support out of her individual property. They are jointly liable for family expenses. Failure to support the wife and children under twelve years of age is a misdemeanor, and may be punished by a fine of not less than $100 or more than $500, or imprisonment in the county jail, house of correction or workhouse not less than one month nor more than twelve months, or both such fine and imprisonment. The wife may sue for separate maintenance without divorce.
The "age of protection" for girls was raised from 10 to 14 years in 1887, but it never has been possible to have this age extended. The penalty is imprisonment in the penitentiary for from one year to life.
In 1893 Mrs. Florence Kelley and Miss Mary Kenney, aided by the women's and men's labor organizations of Chicago and by many women's clubs, secured a Factory Inspection Law. It contained a prohibition against the employment of a woman over eight hours daily in any factory or workshop, but this section was declared unconstitutional because it was a restriction upon the right to contract.
Suffrage: The Legislature which adjourned in 1891 left the School Suffrage Law obscure, incomplete and with no provisions to carry out its intentions. In many cases the women had to provide their own ballots and ballot-boxes. To the credit of the large majority of the judges of election it can be said that they accepted the votes of the women with no certainty that they were acting legally or would be sustained by future decisions. In a number of instances, however, in the more ignorant parts of the State, the votes were insolently refused.
In the country and unincorporated towns, in villages and small cities, where the school boards are elected by the people, there are a number of officers for whom women may vote;[242] but in places like Chicago, where the board is appointed by the mayor, the only vote they have is for three trustees of the State University every two years.