As if a recent book release, Christmas coming, and a host of other distractions were not enough, I had jury duty this week. Sometimes, people speak and act as though they consider voting, and--especially jury duty--to be a chore, something they would rather not. Yet, the right to those two civic responsibilities were denied women until within the last century and a half. We should not take these privileges lightly.
My experience reminded me of a scene from Marigold, my 2022 book in the Christmas Quilt Brides series. To set the scene, the school board in New Ponca, Oklahoma Territory, where Marigold is a schoolteacher, is trying to convince her to accept less pay than what she was offered and contractually agreed to the previous year. Here is part of the scene:
“Miss Calloway, you are being paid as much as a male teacher. That is unreasonable.” Scowling, Chairman Duffy ran his palm across the top of his head of thinning hair. “Everyone knows, women only receive one-half to one-third of the pay, depending on experience. The board must also consider the costs of running two separate classes. To pay the salary you received this past year to teach the younger class—”
“Although I am happy to teach younger students, there is no reason that I must be the one to teach the junior class. I successfully taught all grades last year, including graduating two at the high school level. If cost, not quality of instruction is your primary objective, I will be happy to continue to teach the older students. You can then find a less-experienced female teacher with more limited training to teach the younger grades at the salary you propose.”
“Miss Calloway, please be reasonable. A man is better suited to teaching the advanced courses of the higher grades and to handle the discipline issues that arise among older students.” Mr. Duffy beat the side of his fist on the table.
“According to whom, Mr. Duffy? I respectfully disagree with your short-sighted premise. Just because a teacher wears trousers instead of a skirt does not necessarily make that instructor more capable as far as knowing the subject matter. Neither does it make them more organized nor more capable of managing students. Regarding my abilities to handle the more advanced topics and maintain order in the classroom, my experience teaching all of the grades this past year should speak for itself.”
“Chairman Duffy, I agree with what Miss Calloway said. She has done wonders for our two boys.” A woman in the audience quickly rose to her feet. “Tell them, Henry.” She turned to the man wearing work clothes who sat next to her.
“Mrs. Smithers, please sit down. We have not opened the meeting to any discussion from the audience. Besides, it is your husband who votes for school board members, not you. You are to allow him to speak for your family.”
“Sit down, Mabel. Don’t make a scene.” The man seated next to Mrs. Smithers placed his hand on her arm and tugged her downward.
“Why did you drag me to this backward, uncivilized territory?” Mabel Smithers hissed as she faced her husband. "When we lived in Kansas, not only could I vote for school board members, but I voted for the city taxes and bonds that paid their salaries. The members of the school board were not so quick to dismiss us women.” She turned her head and glared at Mr. Duffy.
Just like now, issues not covered by federal law were left to the states and territories to decide. So, why did Mabel Smithers claim she had more privileges when she and her husband lived in Kansas? It was because she did.
I wish to quickly review the dates women received certain rights and privileges in four states in which I have set many of my books. For much of this information, I usually refer to my
well-used copy of The Hidden Half of the Family by Christina Kassabian Schaefer, written to assist in finding female ancestors. The following are some of the dates women received certain rights in Wyoming, Colorado, Kansas, and Oklahoma.
Wyoming - Most who know even a smidgen of history are aware that Wyoming was the first state in which the territorial legislature gave women the right to vote. They were also given the right to be court justices and to serve on juries. The last two privileges were quickly taken away by that same legislature, due to complaints, mainly by husbands who objected to be left with the care of the children and household chores while their wives served. (Boo-hoo-hoo!) It might be all right for their wives to take over feeding the livestock or help with the plowing, planting, and harvesting, but ask a man to cook a meal or change dirty diapers? Absolutely not! (Again--boo-boo-hoo!) It took a long, long time before women were granted the right to serve on a jury again--anywhere.
Other rights and when they were granted in Wyoming:
1869 - A married woman's earnings are her separate property. (Before that, all money earned by a spouse or minor children were under the control of the husband/father. This came from England's common law and was typical throughout the U.S.)
1876 - A married woman's separate property is her separate estate, which she might devise by will.
1882 - A married woman is granted femme sole status to administer her separate estate.
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| 1857 Kansas and Indian Territories Map |
Kansas -
1858 - A married woman may devise a will.
1859 - A woman's property rights are written into the territorial constitution. A married woman is guaranteed control over her separate earnings and separate estate.
1861 - Kansas drafts the first state constitution to give a married woman equal control of her children and marital property.
1861 - Women may vote in school elections.
1862 - In intestacy, a widow has the right to choose dower (1/3 of the estate not subject to paying husband's debt for duration of her life) or one half of her husband's estate, absoluteley, both real and personal.
1868 - A married woman may sue and be sued, "carry on any trade or business, and perform any labor or services, on her sole and separate account; and the earnings of any married woman, from her trade...shall be her sole and separate property, and may be invested by her in her own name. "The widow of a deceased husband, or husband of a deceased wife, are 'entitled to the same rights or portions in the estate of the other.'"
1887 - Women may vote in city and bond elections.
1912 - Kansas women receive complete suffrage.
What about the state in which my heroine, Varinia Jewell, lived: Colorado? It was actually one of the earlier states to receive complete suffrage.
Colorado -
1874 - A married woman may devise a will.
1876 - (year of statehood) A married woman's separate estates is property that is held prior to and after marriage. Her separate earnings are also her separate estate.
1893 - Colorado women receive complete suffrage by amendment to the state constitution.
Now, let's take a look at Oklahoma, which became a territory separate from Indian Territory May 2, 1890. Oklahoma did not become a state until November 16, 1907.
Marigold was set in 1894. Beulah was set in 1896. The following was the timeline of rights granted to both Native Americans and women of other ethnicities in Oklahoma Territory/Oklahoma:
Oklahoma -
1890 - Organized as Oklahoma Territory; the eastern portion of Oklahoma is Indian Territory under the jurisdiction of Arkansas; the Oklahoma Panhandle is opened for settlement.
- Oklahoma Territory law follows that of Nebraska.
- Indian Territory law followed that of Arkansas.
1918 - Oklahoma women receive complete suffrage.
Considering that Oklahoma Territory followed Nebraska law, here is what applied to women living there after Oklahoma Territory was separated from Indian Territory:
1867 - Women may vote in school elections.
1881 - All property owned by a woman at her marriage "shall be and remain her sole and separate property free from the disposal or debts of her husband."
Missed that when I researched Marigold. My resource is quiet regarding women's rights concerning their children or voting for school bonds, but, evidently, they could vote in school board elections. Maybe at the school board meeting dealing with trying to reduce Marigold's salary, Mr. Duffy should not have been so quick to dismiss Mabel Smithers.
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