As there seemed so much favorable sentiment it was hastily decided to ask this Legislature to give women the right to vote for Presidential electors, which would unquestionably be legal. Mrs. Johns and Miss Helen Kimber looked after its interests with the Republican members; Mrs. Diggs with the Populists. The evening of February 26, when the vote was to be taken in the Senate, floor and galleries were crowded with women of position and influence. Senator Fred Dumont Smith (Rep.) had charge of the bill, and Senator G. A. Noftzger (Rep.) led the opposition. The vote resulted in 22 yeas—16 Rep., 4 Pop., 2 Dem.; 13 nays—12 Rep., 1 Pop. The friends had every reason to believe the House would pass the bill, but in the still small hours of the night following the action of the Senate, its Republican members in caucus decided that this might injure the party at the approaching State election, and the next morning it was reconsidered and defeated by 14 yeas—o Rep., 4 Pop., 1 Dem.; 23 nays—21 Rep., 1 Pop., 1 Dem.
Laws: The constitution of Kansas, adopted in 1859, contained more liberal provisions for women than had existed in any State up to that time. It made the law of inheritance the same for widow and widower; gave father and mother equal guardianship of children; and directed the Legislature to protect married women in the possession of separate property. This was not done, however, until 1868, the next year after the first campaign to secure an amendment conferring suffrage upon women. At this time a statute provided that all property, real and personal, owned by a woman at marriage, and all acquired thereafter by descent or by the gift of any person except her husband, shall remain her sole and separate property, not subject to the disposal of her husband or liable for his debts.
A married woman may make contracts, sue and be sued as if unmarried; engage in any business or perform any services and her earnings shall be her sole and separate property to be used or invested by her. The wife can convey or mortgage her Separate personal property without the husband's signature. He can do the same without her signature except such as is exempt so long as a man is married. Neither can convey or encumber real estate without consent of the other.
