a brother of Mrs. J. V. L. Pruyn, who
organized the first anti-suffrage society in the State, at Albany.
[392] In Senator Brown's own city of Watertown, over 50 per cent. of
the women had just voted to bond the city for a new High School, the
press giving them full credit for it, but he persistently opposed this
bill.
[393] It was not supposed that this right could be questioned, but in
1901, in New York City, a woman who was supporting her children by
washing while her husband was in the hospital, was thrown from a
trolley car with her baby in her arms and injured so that she could
not work. She brought suit against the Street Railway Company before a
municipal court, and was awarded $147.50. The company appealed to the
Supreme Court and Justice David Leaventritt reversed the decision,
saying in his opinion, "At Common Law the husband was absolutely
entitled to the earnings of his wife, and neither the Enabling Act of
1860 nor the broader one of 1864 has affected the right, unless the
service and earnings were rendered and received expressly upon her
sole and separate account." Afterwards in explanation he said that the
woman had not made it clear in her suit that she was working for
herself and not performing service for her husband.
In 1902 a law was passed securing absolutely to married women their
own earnings and the right to sue for damages by loss of wages in case
of personal injury.
[394] In 1901 an attempt was made to correct this evil, and a
ridiculous law was passed and duly signed by Governor Odell providing
that a couple may become husband and wife by signing an agreement
before witnesses, but in order to make this legal it must be recorded
within six months. If at the end of this time it has not been recorded
both are free to marry somebody else. If the fourteen year old wife
should not know of this legal requirement she may find herself
abandoned without redress.
[395] This decision covers many pages with hair-splitting definitions,
tracing the laws governing School Commissioners back to 1843, and
summing up with the following unintentional satire.
"The Constitution, in Article 2, Section 1, prescribes the
qualifications of voters 'for all officers that now are or hereafter
may be elected by _the people_,' and confines the franchise
specifically to 'male citizens.' The office of School Commissioner was
one thereafter made 'elective by _the people_,' through the operation
of the alternative
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