The early homestead law of Minnesota illustrates how easily men forget to bestow the same rights upon women that they carefully secure to themselves. In 1869, the "protectors of women" enacted a law which exempted a homestead from being sold for the payment of debts so long as the man who held it might live, while it allowed his widow and children to be turned out penniless and homeless. It was not until 1875 that this law was so amended that the exemption extended to the widow and fatherless children.
In 1877, a law was passed which gave the widow an absolute title—or the same title her husband had—to one-third of all the real estate, exclusive of the homestead, and of that, it gave her the use, during her lifetime. So that now the widow has the absolute ownership, instead of the life use of one-third of whatever she and her husband may have together earned and saved. That is, should there be any real estate left, over and above the homestead, after paying all the husband's debts, she now has, not merely the difference, as heretofore, between the amount of the tax and the income on one-third, but she may avoid the tax and other costs of keeping it, by selling her third, if she prefers, and putting the money at interest. The law still puts whatever may be left of the other two-thirds, after payment of debts, into the hands of the probate judge and others, and the interest thereof, or even the principal, may go to reward them for their services, or, if falling into honest hands, it may be left for the support and education of the children.
The legislature of 1877 submitted a constitutional amendment giving women a vote on the temperance question. This seemed likely to be carried by default of agitation, as was that of school suffrage, until within a few weeks of the election, when the liquor interest combined all its forces of men and money and defeated it by a large majority. The next year the temperance people made a strong effort to get the proposition re-submitted, but to no purpose.
In 1879, acting upon the plan proposed to all the States by the National Association, we petitioned for the adoption of a joint resolution asking congress to submit to the several State legislatures an amendment to the National constitution, prohibiting the disfranchisement of woman. Mrs. Stearns and others followed up the petitions with letters to the most influential members, in which they argued that the legislatures of the States, not the rank and file of the electors, ought to decide this question; and further, that the same congress that had granted woman the privilege of pleading a case before the Supreme Court of the United States would doubtless pass a resolution submitting to the legislatures the decision of the question of her right to have her opinion on all questions counted at the ballot-box. The result was a majority of six in the Senate in favor of the resolution, while in the House there was a majority of five against it.
Since 1879, our legislature has met biënnially. In 1881 the temperance women of the State again petitioned for the right to vote on the question of licensing the sale of liquor. Failing to get that, or a prohibitory law, they became more than ever convinced of the necessity of full suffrage.
