These appeals were not responded to favorably by the Commission, although great courtesy and willingness to consider the subject were manifested, and a large minority vote was given in the Commission itself to empower the Legislature to grant suffrage at discretion by statute. The proposed revision was submitted to the electors and during the campaign preceding their vote the association passed the following resolution at its annual meeting of Oct. 20, 1898: "Resolved, That we consider the proposed constitution unworthy the intelligence and civilization of the age, for these reasons: First, It does not give suffrage to women citizens and makes the obtaining of an amendment for this purpose even more difficult than it is at present by requiring a larger legislative majority to submit any question to the voters. Second, It restricts the suffrage of men by a property qualification."
The revised constitution was voted down by a large majority.
Laws: The Suffrage Association from its first existence closely watched legislation affecting women and children, and often appeared by representative speakers before committees engaged in framing changes in such laws; but in 1892 and '93 a special effort was made to secure full legal equality for men and women. Miss Mary A. Greene, a Rhode Island lawyer, educated for and admitted to the bar in Massachusetts, was engaged to prepare a full statement of the existing laws relating to women and children and to draw up a code for suggestion to the Legislature which should embody the exact justice for which the association stood. This step was taken at that time because the Legislature had just appointed a Committee of Codification to consider the statutes bearing on domestic relations, contract powers, etc. The suggestions of the association, as prepared by Miss Greene, were not acted upon in any formal way, still less with completeness, but the changes made in the interest of equal rights for women were marked and the association had a distinct share in them. The property laws for women are now satisfactory except that of inheritance which is as follows:
Dower and curtesy both obtain. If the husband die without a will, leaving children, the widow is entitled to the life use of one-third of the real estate, and to one-third of the personal property absolutely, the remainder going to them. If there are no children or descendants she takes one-half of the personal property and as much of the real estate for life as is not required to pay the husband's debts. The other half of the personal property goes to the husband's relatives and, after her death, all of the real estate. The widower is entitled to a life use of all the wife's real estate if there has been issue born alive. If she die without a will he may take the whole of her personal property without administration or accountability to the children or to her kindred. The widow and minor children are entitled to certain articles of apparel, furniture and household supplies and to six months' support out of the estate. The widow has the prior right as administrator.
The wife may dispose of her personal and real property by will, but can not impair the husband's curtesy, or the life use of all her real estate. The husband may do the same subject to the wife's dower, or life use of one-third of the real estate.
If any person having neither wife nor children die without a will "the property shall go to the father of such person if there be a father, if not, then to the mother, brothers and sisters."
All the property of a married woman, whether acquired before or after marriage, is absolutely secured to her sole and separate use, free from liability for her husband's debts. Personal and real estate may be conveyed by her as if unmarried, the latter subject to the husband's curtesy. Her husband must present an order from her to collect the rents and profits.
A married woman may make contracts, sue and be sued, and carry on any trade or business, and her earnings are her sole and separate property. She can not, however, enter into business partnership with her husband.
Neither husband nor wife is liable for the torts of the other. The wife's property is liable for her debts or torts.
A married woman may act as executor, administrator or guardian if appointed to those offices by will, but she can not be appointed to them by the court except to the guardianship of children.[431]