In 1893 an amendment to the constitution was submitted to the electors by votes of both Republican and Populist members of the Legislature and was defeated in 1894, as has been related.
In 1897 two bills were introduced, one providing for a Bond Suffrage which is not included in the Municipal; the other to enable women to vote for Presidential electors. They were not reported from committee.
In 1899 a bill providing that there should be women physicians in penal institutions containing women and at least one woman on the State Board of Charities was favorably reported by, the House committee, but did not reach a vote.
This year an act was secured creating the Traveling Libraries Commission. The work for this was initiated and principally carried forward by Mrs. Lucy B. Johnston, who enlisted the women of the Social Science Federation in 1897. The federated club women had conducted the enterprise three years and now turned over to the State forty libraries of about 5,000 volumes. In 1901 the appropriation was raised from $2,000 to $8,000.
On Jan. 14, 1901, a bill prepared by Auditor Carlisle of Wyandotte county was introduced by its Representative J. A. Butler (Dem.) of Kansas City, to repeal the law giving Municipal Suffrage to women. It was received with jeers and shouts of laughter and referred to the Judiciary Committee, which, on the 17th, reported it with the recommendation that it be not passed. On January 18 he re-introduced the same measure under another title. This time protests were sent in from all parts of the State. Mrs. Diggs went to Mr. Butler's home and secured a large number of these from his own constituents. A hearing was given by the Judiciary Committee to a delegation of prominent women and the bill was never reported.
As there seemed so much favorable sentiment it was hastily decided to ask this Legislature to give women the right to vote for Presidential electors, which would unquestionably be legal. Mrs. Johns and Miss Helen Kimber looked after its interests with the Republican members; Mrs. Diggs with the Populists. The evening of February 26, when the vote was to be taken in the Senate, floor and galleries were crowded with women of position and influence. Senator Fred Dumont Smith (Rep.) had charge of the bill, and Senator G. A. Noftzger (Rep.) led the opposition. The vote resulted in 22 yeas—16 Rep., 4 Pop., 2 Dem.; 13 nays—12 Rep., 1 Pop. The friends had every reason to believe the House would pass the bill, but in the still small hours of the night following the action of the Senate, its Republican members in caucus decided that this might injure the party at the approaching State election, and the next morning it was reconsidered and defeated by 14 yeas—9 Rep., 4 Pop., 1 Dem.; 23 nays—21 Rep., 1 Pop., 1 Dem.
Laws: The constitution of Kansas, adopted in 1859, contained more liberal provisions for women than had existed in any State up to that time. It made the law of inheritance the same for widow and widower; gave father and mother equal guardianship of children; and directed the Legislature to protect married women in the possession of separate property. This was not done, however, until 1868, the next year after the first campaign to secure an amendment conferring suffrage upon women. At this time a statute provided that all property, real and personal, owned by a woman at marriage, and all acquired thereafter by descent or by the gift of any person except her husband, shall remain her sole and separate property, not subject to the disposal of her husband or liable for his debts.
A married woman may make contracts, sue and be sued as if unmarried; engage in any business or perform any services and her earnings shall be her sole and separate property to be used or invested by her. The wife can convey or mortgage her separate personal property without the husband's signature. He can do the same without her signature except such as is exempt so long as a man is married. Neither can convey or encumber real estate without consent of the other.
If there are no children the surviving husband or wife takes all the property real and personal; if there are children, one-half. Neither can dispose by will of more than one-half of the separate property without the consent of the other. A homestead of 160 acres of land, or one acre within city limits, is reserved free from creditors for the survivor. If the wife marry again, or when the children have attained their majority, the homestead must be divided, she taking one-half. If she die first the husband has the right of occupancy for life, whether he marry or not, but the homestead must descend to her heirs.
The husband must support the wife according to his means, or she may have alimony decreed by the court without divorce, or in some cases she may sue directly for support. In case of divorce the wife is entitled to all the property owned by her at marriage and all acquired by her afterwards, alimony being allowed from the real and personal estate of the husband.