In 1901 the committee was composed of Mesdames Loines, Hackstaff, Craigie, Jean Brooks Greenleaf and Lucy P. Allen. All efforts were centered on the bill to give taxpaying women the right to vote on questions of taxation. A conference with Governor Odell showed his friendliness to the bill and disclosed the fact that he had used his influence to amend the charter of his own city of Newburg to give this privilege to women.
Speaker Nixon, in his opening address, referred to the bill as a measure of justice which he hoped would be introduced every year until it became a law. Mr. Kelsey for the third time constituted himself its champion, and worked earnestly for its success. Letters poured in from all parts of the State, the W. C. T. U. co-operated cordially, and hearings were granted by House and Senate committees. The bill passed the Assembly February 26 by 83 ayes, 29 noes. Of the latter 18 were from New York City. Of the 38 absent or not voting 22 were from that city.
In the Senate the bill was referred to the Judiciary Committee as usual. On March 20 a hearing before this committee was arranged for those in favor and opposed. It was conducted by Mrs. Loines for the suffragists, who were represented by Mrs. Chapman, Miss Chanler, a large taxpayer in Dutchess County, and Miss Alice Stone Blackwell of Boston, but a taxpayer in New York. Mrs. Arthur M. Dodge was at the head of the eighteen women who came from the anti-suffrage society to protest against taxpaying women being granted a representation on questions of taxation. The other speakers were Mrs. Rossiter Johnson of New York City, Mrs. Crannell of Albany, and Mrs. William Putnam of Groton who read a paper written by Mrs. Charles Wetmore. The first took the ground that the bill was unconstitutional. The second protested against the attempt "to force widows, spinsters and married women to vote against their will." The third begged the members of the Senate Committee "not to be hoodwinked into believing this was not a suffrage measure," and assured them that "many of the members had pledged themselves to vote for it without recognizing that it was a suffrage bill." She also said: "For the last fifty years, while the suffragists have been wasting their strength in the effort to get the ballot, we, and women like us, have been quietly going ahead and gaining for women the rights they now enjoy in regard to education, property and the professions. The suffragists had nothing to do with it."
The friends of the bill in the Senate tried in vain to obtain a report from the Judiciary Committee, the chairman, Edgar Truman Brackett, being opposed to the bill. Finally, on April 11, Senator Humphrey moved "to discharge the committee from further consideration," which was carried by 22 ayes, 20 noes. On April 19 it was brought to a vote and passed by 27 ayes, 14 noes, 8 of the latter from New York City. Mr. Grady was absent.
The bill was signed by Gov. Benjamin F. Odell, April 24, 1901. It was generally understood that U. S. Senator Thomas C. Platt was in favor of the measure. Judge Charles Z. Lincoln, chairman of the Statutory Revision Committee, gave most valuable assistance.
The effect of this bill was far greater than had been anticipated, because of the importance of New York as a State. Before six months had passed women in considerable numbers had voted in a dozen different places. Although it applied only to towns and villages, these numbered about 1,800. What was of more importance, the principle had been recognized. There was scarcely a newspaper in the United States that did not contain an editorial upon the subject, which in the vast majority of cases declared the law to be just.
Laws: Dower and curtesy obtain. If the husband die without a will the widow is entitled to the life use of one-third of the real estate and, after the payment of the debts, to one-third of the personal estate absolutely. If there are no children she may have one-half of the latter—stocks, cash, furniture, pictures, silver, clothing, etc.—and the other half goes to the husband's relatives, even down to nephews and nieces. The widow may, however, have the whole if it does not exceed $2,000. If it exceed that amount, $2,000 may be added to her half. If there are no relatives of the husband she may have all the personal property. If there has been a living child the widower has a life interest in all the wife's estate. If there have been no children he takes all the personal property absolutely, and her real estate goes to her next of kin. If there is a child living he has one-third of the personal property absolutely.
The husband is liable for the wife's debts before marriage to the extent of any property acquired from her by ante-nuptial agreement. She holds her separate property, however acquired, free from any control of the husband and from all liability for his debts. She can live on her own real estate, and forbid her husband entering upon it.
Either husband or wife can make a will without the knowledge or consent of the other, the latter disposing of all her separate property, the former of all but the wife's life interest in one-third of the real estate. The law provides, however, that no person having husband, wife, child or parent can bequeath over one-half of his property, after payment of debts, to any institution, association or corporation.
The wife can mortgage or convey her real and personal estate without the husband's signature. He may do this with his personal property but not with his real estate.