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figure emblematic of Kate Shelly's daring exploit. It represents a young girl with a lantern in her left hand and her right thrown far out in warning, her hair streaming in the wind and her wet drapery clinging to her form, making her way over the ties of a high railroad bridge, in storm and tempest, with the lightning playing about her. In a semi-circle over the figure are the words: "Heroism, Youth, Humanity." On the reverse is the following inscription :

"Presented by the State of Iowa to Kate Shelly, with the thanks of the General Assembly, in recognition of the courage and devotion of a child of fifteen years, whom neither the terror of the elements nor the fear of death could appal in her efforts to save human life during the terrible storm and flood in the Des Moines valley on the night of July 6, 1881."

Surrounding the inscription is a wreath of leaves and beneath it the great seal of

Iowa.

The presentation was made at Ogden in the presence of 3,000 people. It was given in the name of the State of Iowa by Mr. Welker Given, secretary to Governor Sherman, July 4, 1884, who represented the governor in his necessary absence. Hon. J. A. T. Hull, Secretary of State, introduced Miss Shelly and recounted her heroic deed of that fearful night, after which Mr. Given made the presentation speech. The response on behalf of Miss Shelly was made by Professor J. D. Curran, an old friend and teacher.

All very well, but how much better to have placed Kate Shelly (bearing the name of one of England's great poets) in the University at Des Moines, and given her a thorough education, from the primary through the whole collegiate course, and the school for law, medicine, or theology. A girl capable of such heroism and self-sacrifice must possess capacities and powers worthy the highest opportunities for development. Kate Shelly, with the scientific training of a civil engineer, might shed far more honor on her native State than sitting in ignorance and poverty on the banks of the Des Moines river with a gold medal round her neck.

The Patrons of Husbandry, having at one time as many as 1,998 Granges in the State, admit women to equal membership and equal rights. They have the same privileges in debate as men, and an equal vote in all matters concerning the Grange. The Grangers do not seem to fear that the children will suffer, or home interests be neglected, on account of this liberty given to women. Miss Garretson is State agent and lecturer for this order, and has accomplished much good by her labors among the people of the rural districts. She claims equal rights for woman even to the ballot. The Independent Order of Good Templars passed resolutions unqualifiedly committing the grand lodge of the State in favor of granting suffrage to woman, and pledging themselves to labor for the furtherance of that object. Temperance women who have heretofore opposed the enfranchisement of their sex, and objected to mixing the two questions, are coming to see that a powerless, disfranchised class can do little toward removing the great evil that is filling the land with pauperism and crime, and sending sixty thousand victims annually to a drunkard's grave. They have prayed and plead with the liquor-seller; they have petitioned electors and law-makers, but all in vain; and now they begin to see that work must accompany prayer, and that if they would save their sons from destruction they must strike a blow in their defense that will be felt by the enemy. Hence the Christian Temperance Union, which at the outset declared itself opposed to woman suffrage, has now

resolved in favor of that measure as a necessity for the furtherance of their cause.

On March 31, 1880, Judith Ellen Foster, of Clinton, made an able and eloquent argument before the Senate Committee on Education and Labor, at Washington, on Senator Logan's proposition to constitute the revenue on alcoholic liquors a national educational fund. At a meeting of the State Union held in 1883, resolutions were passed, declaring woman's efforts in temperance of no avail, until with ballots in their own hands, they could coin their ideas and sympathies into law, and that henceforward they would labor to secure that power, that would speedily make their prayers and tears of some avail. This action gave a new impetus to the suffrage movement. At the State convention, Mrs. Jane Amy M'Kinney was appointed Superintendent of Franchise. Circulars were issued advising the Unions to make suffrage a part of their local work, and the advice was promptly followed in many sections of the State. At the election on the prohibitory amendment, June 29, 1882, women rallied at the polls, and furnished tickets to all whom they could persuade to take them, and this helped to roll up a large vote in favor of the amendment.

The laws of Iowa have been comparatively liberal to woman, and with each successive codification have been somewhat improved. By the code of 1857, the old right of dower, or life interest in one-third of the real estate of a deceased husband, was made an absolute interest; and this is the law at the present time. Of the personal property, the wife takes onethird if there are children, and one-half if there are no children to inherit. The same rule applies to the husband of a deceased wife. The codes of 1857 and 1860 each provided that the husband could not remove the wife, nor their children, from their homestead without the consent of the wife; and the code of 1875, now in force, changed this only so as to provide that neither shall the wife remove the husband without his consent. Deeds of real estate must be signed by both husband and wife, but no private examination of either has ever been required in Iowa. A husband and wife may deed property directly to each other.

By the code of 1851 the personal property of the wife did not vest at once in the husband, but if left within his control it became liable for his debts, unless she filed a notice with the recorder of deeds, setting forth her claim to the property, with an exact description. And the same rule applied to specific articles of personal property. Married women abandoned by their husbands could be authorized, on proper application to the District Court, to transact business in their own name. The same provisions were substantially reënacted in the code of 1860. Under both codes the husband was entitled to the wages and earnings of his wife, and could sue for them in the courts.

But the code of 1873 made a great advance in recognizing the rights of married women; and it is said the revisers sought, as far as possible, to place the husband and wife on an entire equality as to property rights. By its provisions, a married woman may own, in her own right, real and personal property acquired by descent, gift or purchase; and she may manage, sell, convey, and devise the same by will. to the same extent,

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and in the same manner, that the husband can property belonging to him. And this provision is followed by others which fully confer on the married woman the control of her own property. Among other things it is enacted, that a wife may receive the wages of her personal labor, and maintain an action therefor in her own name, and hold the same in her own right; and she may prosecute and defend all actions at law, or in equity, for the preservation and protection of her rights and property. Contracts may be made by a wife, and liabilities incurred, and the same may be enforced by, or against her, to the same extent as though she were unmarried. The property of both husband and wife is equally liable for the expenses of the family and the education of their children, and neither is liable for the debts of the other contracted before marriage. By the code of 1873, now in force, it is declared that the parents are the natural guardians of their children, and are equally entitled to their care and custody; and either parent dying before the other, the survivor becomes the guardian.

But notwithstanding the seemingly equal provisions of our code, there is still a great disparity in the laws relating to the joint property of husband and wife—-or property accumulated during marriage by their joint earnings and savings. Such property, whether real or personal, is generally held in the name of the husband—no matter how much his wife may have helped to accumulate it. If the wife dies, the husband still holds it all, and neither law nor lawyers can molest him, or question his right to it. But if the husband dies, the case is very different. Instead of being left in quiet possession of what is rightfully her own, to use and guard with all a mother's care and watchfulness for the benefit of her children, the law comes in and claims the right to appoint administrators and guardians to require bonds and a strict accountability from her, and to set off to her a certain share of what should be as wholly hers as it is the husband's when the wife dies.

This is the old common law, that has come down to us from barbarous times, and the light of the nineteenth century has not yet been sufficient to so illumine the minds of Iowa legislators as to enable them to render exact justice to woman.

CHAPTER XLVI.

WISCONSIN.

Progressive Legislation-The Rights of Married Women-The Constitution Shows Four Classes Having the Right to Vote-Woman Suffrage Agitation-C. L. Sholes' Minority Report, 1856—Judge David Noggle and J. T. Mills' Minority Report, 1859-State Association Formed, 1869-Milwaukee Convention-Dr. Laura Ross-Hearing Before the Legislature-Convention in Janesville, 1870State University-Elizabeth R. Wentworth-Suffrage Amendment, 1880, '81, '82 —Rev. Olympia Brown, Racine, 1877—Madame Anneke-Judge Ryan-Three Days' Convention at Racine, 1883-Eveleen L. Mason-Dr. Sarah Munro-Rev. Dr. Corwin-Lavinia Goodell, Lawyer—Angie King-Kate Kane.

FOR this digest of facts in regard to the progress of woman in Wisconsin we are indebted to Dr. Laura Ross Wolcott,* who was probably the first woman to practice medicine in a Western State. She was in Philadelphia during all the contest about the admission of women to hospitals and mixed classes, maintained her dignity and self-respect in the midst of most aggravating persecutions, and was graduated with high honors in 1856 from the Woman's Medical College of Pennsylvania, of which Ann Preston, M. D., was professor for nineteen years, six years dean of the faculty, and four years member of the board of incorporators. After graduation Laura Ross spent two years in study abroad, and, returning, commenced practice in Milwaukee, where she has been ever since.

By an act of congress approved May 29, 1848, Wisconsin was admitted to the Union. Its diversity of soil and timber, the healthfulness of its climate and the purity of its waters, attracted people from the New England and Middle States, who brought with them fixed notions as to moral conduct and political action, and no little repugnance to many of the features of the old common law. Hence in Wisconsin's territorial conventions and legislative assemblies many of the progressive ideas of the

*Mrs. Wolcott is a remarkable woman, of rare intelligence, keen moral perceptions and most imposing presence. Much of her success in life is due no doubt to her gracious manners. Her graceful figure, classic face, rich voice and choice language make her attractive in the best social circles, as well as in the laboratory and lecture-room. She is a perfect housekeeper and a most hospitable hostess. Having enjoyed many visits at her beautiful home I can speak alike of her public and domestic virtues. -[E. C. S.

+ See Vol. I., page 389.

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East were incorporated into her statutes. Failing to lift married women into any solid position of independence, the laws yet gave them certain protective rights concerning the redemption of lands sold for taxes, and the right to dispose of any estate less than a fee without the husband's consent. In case of divorce the wife was entitled to her personal estate, dower and alimony, and with the consent of her husband she could devise her real estate. She was entitled to dower in any lands of which the husband was seized during marriage. Gen. A. W. Randall was active in making the first digest and compilation of the laws of Wisconsin. The legislature of 1850 was composed of notably intelligent men. Nelson Dewey was governor, Moses M. Strong, a leading lawyer, speaker of the Assembly, and the late Col. Samuel W. Beal, lieutenant-governor. Early in the session a bill was introduced, entitled "An act to provide for the protection of married women in the enjoyment of their own property," which provoked a stormy debate. Some saw the dissolution of marriage ties in the destruction of the old common-law doctrine that "husband and wife are one, and that one the husband"; while arguments were made in its favor by Hon. David Noggle. George Crasey, and others. Conservative judges held that the right to own property did not entitle married women to convey it; therefore in 1858 the law was amended, giving further security to the wife to transact business in her own name, if her husband was profligate and failed to support her; but not until 1872 did the law protect a married woman in her right to transact business, make contracts, possess her separate earnings, and sue and be sued in her own name. The legislature of 1878 reënacted all the former laws; and married women may now hold, convey and devise real estate; make contracts and transact business in their own names; and join with their husbands in a deed, without being personally liable in the covenants. In the matter of homesteads, the husband cannot convey or encumber without the signature of the wife, and thus a liberal provision is always secure for her and the children.

By the law of .1878, if the husband dies leaving no children and no will, his entire estate descends to his widow.* If the owner of a homestead dies intestate and without children, the homestead descends, free of judgments and claims-except mortgages and mechanics' liens-to his widow; if he leaves children, the widow retains a life interest in the homestead, continuing until her marriage or death.

Thus from the organization of the State, Wisconsin has steadily advanced in relieving married women from the disabilities of the old common law. The same liberal spirit which has animated her legislators has admitted women to equality of opportunities in the State University at Madison; elected them as county superintendents of public schools; appointed them on the State board of charities, and as State commissioners

* During a visit with my school-friend, Mrs. Elizabeth Ford Proudfit, at Madison, in 1879, I heard a great deal said of the injustice of this law as illustrated in two notable cases of widows in the enjoyment of their husbands' entire estates, while the dead men's relatives, many of them, were living in poverty. This was most shocking! though widowers, from time immemorial, have possessed the life-earnings and inheritance of their wives, while the dead women's mothers and sisters were starving and freezing within sight of the luxurious homes that rightfully belonged to them! It makes a mighty odds whose ox is gored-the widower's or the widow's!-[S. B. A.