shall she be required to sue or defend by guardian or next friend, unless she be under twenty-one years.
It further enacted, making it section 28, to act 38, that: When a husband or father has deserted his family, or is imprisoned, the wife or mother may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have had.
The legislature of 1881 also passed the following:
An Act to Authorize the Election of Women to School Offices:
Sec. 1.—Be it enacted by the General Assembly of Indiana, that any woman, married or single, of the age of twenty-one years and upwards, and possessing the qualifications prescribed for men, shall be eligible to any office under the general or special school laws of the State.
Sec. 2.—That any woman elected or appointed to any office under the provisions of this act, before she enters upon the discharge of the duties of her office, shall qualify and give bond as required by law; and such bond shall be binding upon her and her securities.
The following, enacted by this same legislature of 1881, would indicate that fidelity to his domestic obligations is not even yet esteemed in man as a virtue of high order; the value attached to the fidelity can be measured by the penalty incurred by infidelity, which is thus stated:
Whoever without cause deserts his wife or children, and leaves wife and child or children as a charge upon any county of this State, shall be fined not more than $100 nor less than $10.
As has been indicated in another connection, it was the legislature of 1881 which distinguished itself by passing a bill for amending section 2 of article II. of the State constitution so as to give women the right to vote in all elections. The legislature of 1883 did nothing to further ameliorate the legal condition of women; and the highest legal rights enjoyed by women of Indiana are indicated in the foregoing recital of legislative action upon the subject from 1860 to 1884 inclusive.
For some years after public schools were established in Indiana, women had no recognition. I am told by a reliable gentleman, Dr. R. T. Brown, who served from 1833 to 1840 as examiner in one of the most advanced counties of the commonwealth, that during that period no woman ever applied to him for a license to teach, and that up to 1850 very few were employed in the public schools. At that time it was permitted women to teach "subscription" schools during the vacations, for which purpose the use of the district school-house was frequently granted. It was by demonstrating their capacity in this unobtrusive use of holidays, that women obtained employment in the regular schools. The tables show that in 1861 there were 6,421 men and 1,905 women employed in the primary schools, and 128 men and 72 women in the high schools. From that time up to 1866, owing to the war, the number of men decreased while that of women rapidly increased. The tables for that year show 5,330 men and 4,163 women in the schools. The number of men employed in 1880 was 7,802, of women, 5,776. While the very best places are held by men, the majority of the second-rate places are filled by women, and men fill a majority of the lowest places. The average daily wages received by men engaged in the public schools in 1880 was $1.86, while the average daily wages of women was $1.76.
