ence of aliens who are or may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and from aliens otherwise dangerous or detrimental to the well-being or peace of the State, and to impose conditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the State upon failure or refusal to comply with such conditions; and no corporation shall employ directly or indirectly in any capacity any Chinese or Mongolian, and the Legislature shall pass laws to enforce this provision; and no Chinese shall be employed in any State, municipal, or other public work except as a punishment for crime. And further the presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the State; and the Legislature is to discourage their immigration by all means within its power; and Asiatic coolieism is declared a form of human slavery, and prohibited, and all contracts for coolie labor are void; and the Legislature may prescribe penalties for companies or corporations formed in any country for the importation of such coolie labor; and the Legislature is to delegate all necessary powers to cities and towns for the removal of Chinese, or their location in prescribed portions of such towns; and also to provide legislation to prohibit the introduction of Chinese into the State."

§ 23. Sex Distinctions: Voting. - The Constitutions of all the older States specify that the elective franchise is confined to males."

But in three States the Legislature may at any time enact a law to extend the right of suffrage to women of lawful age, otherwise qualified; and such enactment shall take effect if approved by a majority of the electors at a general election. In Colorado it was so submitted and adopted. In two States it was rejected, while in three States the Constitution provides for female suffrage, making four full suffrage States in all.

1 Cal. 19, 1-3. 2 Cal. 19, 4.

3 Ala. 177; Ark. 3, 1; Cal. 2, 1; Col. 7, 1; Ct. 6, 2; Del. 5, 2; Fla. 14, 1; Ga. 2, 1, 2; Ill. 7, 1; Ind. 2, 2; Io. 2, 1; Kan. 5, 1; Ky. 145; La. 185; Mass. 2, 1, 3, 4; Amt. 3; Md. 1, 1; Me. 2, 1; Mich. 7, 1; Minn. 7, 1; Miss. 247; Mo. 8, 2; N. C. 6, 1; Neb. 7, 1; Nev. 2, 1; N. H. 2, 27; N. J. 2, 1; N. Y. 2, 1; O. 5, 1; Okla. 3, 1; Ore. 2, 2; Pa. 8, 1; R. I. 2, 1; S. C. 2, 3; Tenn. 4, 1; Tex.

But in several States the Constitution provides that women of the age of twenty-one may vote at any election of school officers, or upon any measure relating to schools,1 or libraries."

And in Louisiana they may vote upon all questions submitted to the taxpayers as such of any municipal or other political subdivisions of the State, subject to ordinary age and residence qualifications, either in person or by their agents authorized in writing.3

Upon all questions submitted to the vote of the taxpayers of the State, or any political division thereof, women who are taxpayers and possessed of the qualifications for the right of suffrage required of men by this Constitution, shall, equally with men, have the right to vote.* § 24. Sex Distinctions: Schools. The Constitutions of some States declare that the Legislature, in providing for the formation and regulation of schools, shall make no distinction between the rights of males and females. So as to admission to the University." And in several States, women may hold any office pertaining solely to the management of schools."

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§ 25. Sex Distinctions: Occupation. - The Constitution of California provides that no person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation, or profession.8

In Missouri and Oklahoma, the Constitution specifies that the Governor and members of the Legislature must be male.

Women may be notaries public. 10 They may hold any office except as otherwise provided by the Constitution.11

1 Col. 7, 1; Ida. 6, 2; Minn. 7, 8; Mon. 9, 10; N. D. 128; Nev. 15, 3; Okla., 3, 3; S. D. 7, 9; Wash. 6, 2. "Until otherwise provided" (Ida.). "The legislature may so provide" (Wash.).

2 Minn. 1897, 175.

3 La. 199.

* Io.* 1121; Mon. 9, 12.

statutes of the more advanced States; see also Art. 45. These statutes have frequently been held unconstitutional as depriving women of their liberties. They are only valid where clearly in the interest of morality or the general health, and probably never in States with constitutional provisions like the above. Of such nature are the laws

Kan. 2, 23; Wash. 9, 1; Wy. 7, 10. limiting their hours of labor or age of • Mon. 11, 9.

employment differently from men. These have, in most of the States except Massachusetts, been held unconstitutional.

7 Col. 7, 1; Ida. 6, 2; Minn. 7, 8; Mon. 9, 10; N. D. 128; Pa. 10, 3. "Unless the Legislature otherwise provide" (Ida.). "Or libraries," in Minn. 8 Cal. 20, 18. At the common law every employment was open to them except political offices, the army or the absence of any statute. navy, and learned professions. They are now, however, forbidden to engage

Mo. 4, 4 & 6; 5, 5; Okla. 6, 3. And so in Oklahoma of the other executive officers. This is common law, in

10 Va. 32.

11 S. D. 7, 9. In other States, by

in many trades or employments by the common law, not. See Arts. 20, 21.

The rights of citizens in two States, "to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall equally enjoy all civil, political and religious rights and privileges."1

§ 26. Sex Distinctions: Property. In States there are conmany stitutional provisions concerning the property of married women.2 In detail: the real and personal property of a female acquired before marriage remains her estate and property, and is not (without her consent in Florida, executed as a conveyance) liable for the debts of the husband, and may be devised and bequeathed by her as if unmarried; and so also all property to which she may become entitled after marriage.3 The Legislature shall provide for the protection of the rights of women in acquiring and possessing property, real, personal, and mixed, separate and apart from the husband. The Legislature are to provide for the registration of such separate property."

A married woman's separate real or personal property may be charged in equity and sold, or the uses, rents and profits thereof sequestrated for the purchase money thereof; or for money or thing due upon any agreement made by her in writing for the benefit of her separate property; or for the price of any property purchased by her, or for labor and material used with her knowledge or assent in the construction of buildings, or repairs, or improvements upon her property, or for agricultural or other labor bestowed thereon, with her knowledge and consent.o

The Legislature shall never create by law any distinction between the rights of men and women to acquire, own, enjoy, and dispose of property of all kinds, or their power to contract in reference thereto. Married women are hereby fully emancipated from all disability on account of coverture. But this shall not prevent the Legislature from regulating contracts between husband and wife, nor shall the Legislature be prevented from regulating the sale of homesteads."

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§ 27. Sex Distinctions: Custody of Children. — In Kansas the

1 Utah 4, 1; Wy. 6, 1.

2 Ala. 209; Ark. 9, 7; Cal. 20, 8; Fla. 11, 1; Ga. 3, 11, 1; Kan. 15, 6; Md. 3, 43; Mich. 16, 5; Miss. 94; N. C. 10, 6; N. D. 213; Nev. 4, 31; Ore. 15, 5; S. C. 17, 9; S. D. 21, 5; Tex. 16, 15; Utah 22, 2; W. Va. 6, 49. By the laws of all States, she has all the

rights of a man, save that she is to a certain extent protected.

Ala., Ark., Cal., Fla., Ga., Mich., N. C., N. D., Nev., Ore., S. C., S. D., Tex., Utah.

Fla., Kan., Md., Nev., W. Va. Ark. 9, 8; Nev.; Ore.; Tex. • Fla. 11, 2. 7 Miss. 94.

Constitution provides that the Legislature shall provide for women equal rights with the husband in the possession of their children.1

ARTICLE 3. SLAVERY AND APPRENTICESHIP

§ 30. Slavery Prohibited. In most States slavery and involuntary servitude remain forbidden by the Constitution; and they are prohibited in all the States by the Thirteenth Amendment.2

Except as a punishment for crime whereof the party has been duly convicted; and in Vermont, when bound by law for the payment of debts, damages, fines, costs, and the like.

In Maryland there is a constitutional provision that slavery shall not be re-established. In Tennessee, the Legislature can make no law recognizing the right of property in man.5

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§ 31. Compensation for Slaves. — In two States the Constitution provides that the Legislature shall have no power to make compensation for emancipated slaves. The provision in Mississippi to this effect was left out of the new Constitution. It is forbidden, however, by United States Amendment 14 (4).

And in Maryland the Constitution declares that, slavery having been abolished by the authority of the United States, compensation is due the State from the National Government."

§ 32. Apprenticeships. — In Vermont service by indentures and apprenticeships is allowed, but must expire at the age of twenty-one in males and eighteen in females.

In Indiana, no indenture of any negro or mulatto made out of the State is valid."

§ 33. Terms of Service over the age prescribed in § 32 are forbidden by the Constitution of Vermont unless entered into with the full consent of the party serving."

1 Kan. 15, 6.

2 Ala. 1, 32; Ark. 2, 27; Ariz. *B. Rts. 20; Cal. 1, 18; Col. 2, 26; Fla. Decln. of Rts. 19; Ga. 1, 1, 17; Ind. 1, 37; Io. 1, 23; Kan. Bill of Rts. 6; Ky. 25; Mich. 18, 11; Minn. 1, 2; Miss. 15; Mo. 2, 31; Mon. 3, 28; N. C. 1, 33; N. D. 17; Neb. 1, 2; Nev. Ordinance 3 & 1, 17; N. M.* 76, 1; O. 1, 6; Ore. 1, 34; R. I. 1, 4; Tenn. 1, 33; Utah 1,

ARTICLE 4. RELIGIOUS RIGHTS

3

§ 40. General Rights of Conscience.1 — In all the States except Alabama (for which compare §§ 42, 43), these are recognized by the Constitution, in slightly varying phrases. Thus, "every man may worship God according to his own conscience." 2 "The free enjoyment of all religious sentiments and the different modes of worship shall ever be held sacred." "It is the duty of the Legislature to pass suitable laws to protect every religious community in the peaceable enjoyment of its own mode of worship." human authority or law ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion." 5 "No person ought to be molested in person or estate on account of his religious persuasion." "

7

8

" 4 "No

§ 41. Limitations. But the provisions of §§ 40, 45 are not to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State; or polygamy; or bigamy, or advice and propaganda thereto. Nor to excuse disturbance of the public peace. 10 Nor "to justify practices inconsistent with the rights

Ark. 2, 25; Neb.; N. M.* 1851, July 12, § 4; O.; Tex.

In newer Western States, these Mon. 3, 4; N. D. 4; Nev. Ordinance clauses are made irrevocable without 3 & Const. 1, 4; N. Y. 1, 3; Okla., 1,2; the consent of the U. S. (Ida., N. D., S. C. 1, 4; S. D. 22, 1; Utah 1, 4; Va. S. D., Utah, Wash., Wy.). See U. S. 58; Wash. 26, 1; Wis. 1, 18; Wy. Amt. 1. "Congress shall make no law Ordinance, 1, 18. respecting an establishment of religion, or prohibiting the free exercise thereof." This constitutional right to free worship does not appear to be recognized in any British constitutional document. It first appeared in a statute of Charles I. and in the Va B. Rts. 16.

2 Ark. 2, 24; Ct. 7, 1; Del. Preamble; Ga. 1, 1, 12; Ida. Sched. 19; Ind. 1, 2; Kan. B. Rts. 7; Ky. 1; La. 4; Mass. 1, 2; Md. Decln. Rts. 36; Me. 1, 3; Minn. 1, 16; Mo. 2, 5; N. C. 1, 26; Neb. 1, 4; N. H. 1, 5; N. J. 1, 3; N. M.* 95, 1; 1851, July 12, § 4; O. 1, 7; Ore. 1, 2; Pa. 1, 3; R. I. 1, 3; S. D. 6, 3; Tenn. 1, 3; Tex. 1, 6; Utah 1, 1; Va. 16; Vt. 1, 3; Wash. 1, 11; W. Va. 3, 15.

Cal. 1, 4; Col. 2, 4; Ct. 1, 3; Fla. Decln. Rts. 5; Ida. 1, 4; Ill. 2, 3; Io. 1, 3; La. 4; Mich. 4, 39; Miss. 18;

5 Ark.; Del. 1, 1; Ga.; Ind. 1, 3; Io. 1, 3; Kan.; Ky. 6; Mich.; Minn.; Mo.; N. C.; Neb.; O.; Ore. 1, 3; Pa.; Tenn.; Tex.; Utah 1, 4; Vt.; Wis.

Ga. 1, 1, 13; Ida. 21, 19; Mass.; Md.; Me.; Nev.; N. H.; N. M.*; N. D. 203; Okla; R. I.; S. D. 26, 18; 22, 1; Utah 3, 1; Va. 58; W. Va.; Wy. 21, 2; Wash. 26, 1.

7 Ariz. B. Rts. 13; Cal. 1, 4; Col. 2, 4; Ct. 1, 3; Fla. Decln. Rts. 5; Ga. 1, 1, 13; Ida. 1, 4; Ill. 2, 3; Md. Decln. Rts. 36; Minn. 1, 16; Miss. 18; Mo. 2, 5; Mon. 3, 4; N. D. 4; Nev. 1, 4; N. Y. 1, 3; S. D. 6, 3; Wash. 1, 11; Wy. 1, 18.

8 Ida., Utah.

• Ida., Mon.