An appeal was immediately taken by the inspectors to the Supreme Court, and in order to keep the subject before the people and to create a favorable public sentiment the association continued its canvass by distributing literature and giving lectures. The decision rendered Jan. 31, 1888, was written by Justice John B. Cassody and was so vague and loosely worded that lawyers were not agreed as to its meaning. He reversed the finding of the lower court, however, declaring the intent of the law to be to confer School Suffrage only.[468]
The association now found itself confronted by a large debt, the whole suit having cost about $1,500, but by active work the autumn of 1888 found everything paid. In all this Mrs. Almeda B. Gray, one of the officers of the association, was a leading spirit, contributing largely in time and money; Mrs. M. A. Fowler worked night and day, making routes for speakers and planning the campaign, other women assisted according to their ability and the club at Richland Center did excellent service. The decision still left room for litigation, the claim being made that the ruling of the Supreme Court plainly recognized the right of women to vote provided their ballots were put in a separate box.
In the following November Wm. A. McKinley was elected Superintendent of Schools for Oconto County by the votes of women placed in a separate box. His election was contested and the case was argued before Judge Samuel B. Hastings of Green Bay, who, quoting from the decision of Judge Cassody, decided that women had a right to vote provided their ballots were put into a separate box. This case also was appealed to the Supreme Court, where the decision, rendered by Judge William P. Lyon, Jan. 26, 1890, was that the votes of the women in Oconto County were illegally counted. The ground for this finding was that further legislative action was necessary before separate ballot-boxes could be legally provided. Judge Cassody dissented from this opinion.
The law then became practically a dead letter, except in a few instances, until 1901, when an Act of the Legislature provided for separate ballot boxes for women, and in the spring of 1902 they voted on school questions.
In 1895 the legislative committee, consisting of Mrs. Jennie Lamberson, Mrs. Jessie Luther and Mrs. Alice Kollock, assisted by Mrs. Charlton, secured the introduction of two bills—one to strike the word "male" from the State constitution, the other for a suffrage amendment by statute law. A hearing was granted before the joint committee of both Houses in the Senate Chamber, which was crowded. Mesdames Elizabeth Boynton Harbert (Ills.), Helen H. Charlton, Nellie Mann Opdale, Ellen A. Rose and Dr. Annette J. Shaw were the speakers.[469] The bills were reported favorably but were lost after discussion.
Laws: Dower and curtesy obtain. A widow is entitled to a life interest in one-third of the real estate and, if the husband die without a will, to the share of a child in the personal estate. If there is no lawful issue she has the entire estate, both real and personal. The widower has a life interest in all the real estate of his wife not disposed of by will, or in all of it if the wife died intestate, unless she left issue by a former husband, in which case such issue takes it, free from the right of the surviving husband to hold the same by curtesy. If the wife die without a will and leave no issue, the widower is entitled to the entire estate, both real and personal. There may also be reserved for the widow a homestead of not more than forty acres of farm land, or one-quarter of an acre in a town, which at her subsequent marriage or death passes to the heirs of the former husband. If none exist she does not lose her homestead rights by marrying again.
The wife may dispose of all her real estate by conveyance during her lifetime or by will, without the husband's consent. He can not destroy her dower rights.
A married woman may sue and be sued, make contracts and carry on business in her own name.
The father, if living, and in case of his death the mother, while she remains unmarried, shall be entitled to the custody of the persons and education of the minor children. The father may by will appoint a guardian for a child, whether born or unborn, to continue during its minority or for a less time.
Neglect to provide for a wife and minor children is a misdemeanor, punished by imprisonment in the county jail not less than fifteen days, during ten days of which food may be bread and water only; or by imprisonment in the penitentiary not exceeding one year, or in the county workhouse, at the discretion of the court.