In case of divorce, the court decides which parent is more fit for the guardianship of children under fourteen years of age; over fourteen, the child decides. Except when children are given to the mother by decree of court, the father is the legal guardian of their persons and property. He may appoint by will a guardian for a child, born or unborn, to the exclusion of the mother.
The husband must support the family according to his means. Failure to do so used to be considered a misdemeanor but it has recently been made a felony punishable by imprisonment in the penitentiary from one to three years unless he give bond for their maintenance. This is likely to be of little effect, however, because of the law of "privileged communications" which makes it impossible for the wife to testify against the husband.
In 1891 the "age of protection" for girls was raised from 10 to 16 years, after thousands of women had petitioned to have it raised to 18. If the child is under 10 years the penalty is imprisonment in the penitentiary for life; between 10 and 14 not less than seven nor more than thirty years; between 14 and 16 not less than one nor more than seven years, or it may be imprisonment in the county jail not less than three months nor more than one year.
Suffrage: An amendment to the constitution was adopted in 1875, giving women a vote on all questions pertaining to the public schools. It being held afterward that this did not enable them to vote for county superintendents, an act for this purpose was passed by the Legislature in 1885. (!) The constitution was further amended by popular vote in 1898, granting to women the franchise for members of Library Boards, and making them eligible to hold any office pertaining to the management of libraries. On as harmless an amendment as this 43,600 men voted in the negative, but 71,704 voted in the affirmative; and it was adopted.
This was probably the last election at which any amendment whatever could have been carried; for, among four submitted in the same year, was one providing that thereafter no amendment could be adopted by merely a majority of those voting upon it, but that it must have a majority of the largest number of votes cast at that election.[345] None ever has been submitted which aroused sufficient interest to receive as large a vote of both affirmative and negative combined as was cast for the highest officer. Therefore in Minnesota it is impossible for women to obtain any further extension of the franchise. Their only hope for the full suffrage lies in the submission of an amendment to the Federal Constitution by Congress to the Legislatures of the various States.
Office Holding: An act of 1887 declares that a woman shall retain the same legal existence and legal personality after marriage as before, and shall receive the same protection of all her rights as a woman which her husband does as a man; and for any injury sustained to her reputation, person or property, she shall have the same right to appeal, in her own name alone, to the courts for redress; but this act shall not confer upon the wife the right to vote or hold office, except as is otherwise provided by law. By a constitutional amendment adopted in 1875 women were made eligible to all offices pertaining to the public schools and to public libraries. They have served as State librarians.
Miss Jennie C. Crays was president of the Minneapolis school board for two years. There are forty-three women county superintendents at the present time, each having from 100 to 130 districts to visit. Women have served as clerks and treasurers of school districts.
A law of 1889 gave to women as well as men the powers of constables, sheriffs or police officers, as agents of the Society for the Prevention of Cruelty to Animals.
A law of 1891 enabled women to be appointed deputies in county offices.
Dr. Adele S. Hutchison is a member of the State Medical Board which examines physicians for license to practice. She was appointed by Gov. John Lind and is the first woman to hold such a position. Women can not sit on any other State boards.