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Citizen Kane: The Everyday Ordeals and Self-Fashioned Citizenship of Wisconsin's “Lady Lawyer”

Published online by Cambridge University Press:  23 February 2015

Extract

On the afternoon of Friday April 20, 1883, attorney Kate Kane doused Judge James Mallory with a glass of water in a Milwaukee courtroom. Kane's frustrations were deep. That morning Mallory had reassigned one of her clients to another attorney, despite the fact that this client had specifically requested Kane. This time it was to Peter J. Somers, who had recently worked for Mallory's re-election. After the incident, Kane would announce, “Judge Mallory has been trying to drive me out of this court; he has continuously insulted and misused me, but I bore it.” “Today,” she explained, “I wanted to insult Judge Mallory just where he had insulted me—in open court.” She succeeded; Mallory was furious. Wiping the water from his brow, the irate judge shouted, “Arrest that woman,” and cited Kane for contempt of court. She was immediately apprehended and hauled off to the local jail, where she would stew for days. “I shall stay here for ten years before I pay that fine,” Kane vowed, defiantly. The incident, which imperiled Kane's legal career in Milwaukee, also reveals critical tensions in women's claims on full citizenship that were reflected in battles over professional membership, legal and sexual equality, and political inclusion.

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Copyright © the American Society for Legal History, Inc. 2015 

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References

1. “A Pint of Water,” Milwaukee Journal, April 21, 1883.

2. According to Thomas Holt, processes of “marking” degrade individual status. See Holt, Thomas C., “Marking: Race, Race-Making, and the Writing of History,” American Historical Review 100 (1995): 120CrossRefGoogle Scholar.

3. For national coverage, see “Kate Kane,” Los Angeles Times, April 29, 1883, np; “Summary of News,” Vermont Watchman and State Journal, April 25, 1883, np; “Domestic Dispatches,” The Galveston Daily News (Texas), April 21, 1883, np; “General Intelligence,” Boston Investigator, April 25, 1883, 6.

4. “The ‘Refining’ Example Set By a Female Lawyer,” The Idaho Avalanche, April 23, 1883, np; Milwaukee Sentinel, April 24, 1883, 4.

5. Reported in “Multiple News Items,” Milwaukee Sentinel, April 29, 1883, 4; The Congregationalist, May 3, 1883, 8.

6. For descriptions of Kane in New York see, “Milwaukee's Woman Lawyer,” New York Times, April 22, 1883, 1; “Miss Kane's Revenge,” New York Times, April 23, 1883, 4.

7. A copy of the Chicago Journal editorial is printed in “Women at the Bar,” The Wisconsin State Register, May 12, 1883, np.

8. For standing contempt citation see “Personal Paragraphs,” Milwaukee Sentinel, December 9, 1883, 4. For disbarment see Milwaukee Sentinel, May 30, 1883, 8; “The Disbarment Case,” Milwaukee Journal, June 4, 1883, np.

9. For blackballed, see “Kate Kane on Deck,” Milwaukee Journal, September 14, 1883, np.

10. Mallory retired after he was not re-elected. See “Judge for Thirty Years,” Milwaukee Journal, December 28, 1889, np.

11. For accounts of pioneering women attorneys, see Babcock, Barbara, Woman Lawyer: The Trials of Clara Foltz (Stanford: Stanford University Press, 2011)Google Scholar; Norgren, Jill, Rebels At The Bar: The Fascinating, Forgotten Stories Of America's First Women Lawyers (New York: New York University Press, 2013)CrossRefGoogle Scholar; and Drachman, Virginia, Sisters in Law: Women Lawyers in Modern American History (Cambridge, MA: Harvard University Press, 1998)Google Scholar. Friedman, Jane, America's First Women Lawyer: The Biography of Myra Bradwell (Buffalo: Prometheus, 1993), 4152Google Scholar. For an account of women attorneys in the Midwest, see Cleary, Catherine B., “Lavinia Goodell, First Woman Lawyer in Wisconsin,” Wisconsin Magazine of History 74 (1990–1991), 244–55Google Scholar.

12. For discussions of other women who pioneered in law, see Babcock, Woman Lawyer.

13. Kenneth Mack argues that lawyers were not necessarily members of communities they represented. He also argues that non-white attorneys were often required to represent lower level crimes, and that they often struggled to survive financially. See Mack, Kenneth, Representing the Race: The Creation of the Civil Rights Lawyer (Cambridge, MA: Harvard University Press, 2012), 35CrossRefGoogle Scholar, 42, 146. Scholars locate politically active women in multiple communities. For accounts of suffrage and domestic duty, see Dubois, Ellen, Women's Suffrage, Women's Rights (New York: New York University Press, 1998), 3040Google Scholar, 98–106; Winkler, Adam, “A Revolution Too Soon: Woman Suffragists And the Living Constitution,” New York University Law Review 76 (2001), 14561526Google Scholar; and Siegel, Reva, “She the People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family,” Harvard Law Review 115 (2002): 9471046CrossRefGoogle Scholar. For accounts of women reformers in the Midwest, see Langill, Ellen, “Speaking with an Equal Voice: The Reform Efforts of Milwaukee's Mary Blanchard Lynde,” Wisconsin Magazine Of History 87 (Autumn, 2003), 18–29Google Scholar. For suffrage in Wisconsin, see McBride, Genevieve G., Women's Wisconsin: From Native Matriarchies to the New Millennium (Madison: Wisconsin Historical Society Press, 2005)Google Scholar.

14. For example, women continued to face opposition to jury duty even after the removal of formal obstacles. See Ritter, Gretchen, “Jury Service and Women's Citizenship before and after the Nineteenth Amendment,” Law and History Review 20 (2002): 479–90CrossRefGoogle Scholar.

15. For the argument that women faced exclusion from standard political and civic practices, such as voting and jury duty, and that rights were used to produce racial and sexual hierarchies after the Civil War, see Kerber, Linda K.No Constitutional Right To Be Ladies: Women And The Obligations Of Citizenship (New York: Hill and Wang, 1998)Google Scholar; and Edwards, Laura, The People And Their Peace: Legal Culture And The Transformation Of Inequality In The Post-Revolutionary South. (Chapel Hill: University Of North Carolina Press, 2009)Google Scholar. For analyses of law as a contested forum, see Hartog, Hendrik, “Pigs and Positivism,” Wisconsin Law Review 4 (1985): 899935Google Scholar.

16. Certeau's study explores everyday practices such as walking, navigating, and language use. See de Certeau, Michel, The Practices of Everyday Life (Berkeley: University of California Press, 1988), 96121Google Scholar.

17. George Lovell develops this claim in his analysis of 1939 complaint letters to the Justice Department's short-lived civil rights arm. See Lovell, George, This is Not Civil Rights: Discovering Rights Talk in 1939 America (Chicago: University of Chicago Press, 2012)CrossRefGoogle ScholarPubMed.

18. From his 1949 lecture “Citizenship and Social Class,” reprinted in Marshall, T.H., Class, Citizenship and Social Development; Essays (Garden City, NY: Doubleday, 1964)Google Scholar, 72.

19. “Marking” is Thomas Holt's analytic for racism. According to Holt, “marking” both represented race and inscribes a history of racial mistreatment. In this article I apply Holt's “marking” to gender. See Holt, Thomas, “Marking: Race, Race-making, and the Writing of History,” The American Historical Review 100 (1995): 7CrossRefGoogle Scholar.

20. I use the terms “layering,” “uplifting,” and “petitioning” to describe Kane's three principal fields of endeavor: practicing law, initiating reform, and political petitioning. Although these areas overlapped, they also evolved separately.

21. Janesville was especially unique for its cohort of practicing, women attorneys. See Cleary, “Lavinia Goodell, First Woman Lawyer in Wisconsin,” 250–60. According to census reports, lawyers who were women were extremely rare in the late-nineteenth century. The 1870 census identifies 5 lawyers nationally, out of a total of 40,736. The 1880 census identifies 75 female lawyers nationally, out of a total of 64,137. The 1890 census identifies 208 female lawyers out of 89,636 nationally. The census for 1900 identifies 1,010 lawyers who were women out of a total of 114,460. Nationally, women who were attorney were less than 1% of the total number of lawyers through the late-nineteenth century. Officially, in 1880, 9 of Illinois' 4,025 lawyers were women, whereas none of Wisconsin's 1,198 lawyers were women. We know that this last statistic is inaccurate because of Kane, Lavinia Goodell, and Angie King. For census materials, see United States, The Statistics of Wealth and Industry of the ninth census of the United States, 1870 Washington. (Washington, DC: National Archives and Records Service, General Services Administration, 1965)Google Scholar, 834; United States, [Census reports] Tenth census. June 1, 1880. (Washington, DC: Government Printing Office, 1883)Google Scholar, 744, 820, 853; The Miscellaneous Documents of the House of Representatives for the first session of the 52nd Congress, 1891–1892, vol. 50, part 4 cont'd. (Washington, DC: Government Printing Office, 1897)Google Scholar, 396; and United States Census, Twelfth Census, 1900, Special Report: Occupations at the Twelfth Census (Washington, DC, Government Printing Office, 1904)Google Scholar, cxxv. Kane, Lavinia Goodell, and Angie King practiced together in Janesville Wisconsin in 1879. See Cleary, “Lavinia Goodell, First Woman Lawyer in Wisconsin,” 250–63. Some scholars question the reliability of census records. For example, see Mack, Representing the Race, 28.

22. U.S. Const. amend. XIV, sec. 1, 2.

23. For examples of the high court's interpretation of the Fourteenth Amendment in cases involving workers, women, and African Americans, see Slaughter-House Cases, 83 U.S. 36 (1873); Minor v. Happersett, 88 U.S. 162 (1875); and Civil Rights Cases, 109 U.S. 3 (1883), respectively. For an overview of post-Civil War constitutionalism, see Hall, Kermit, The Magic Mirror: Law in American History (New York: Oxford University Press, 1989)Google Scholar.

24. Friedman, Jane, America's First Women Lawyer: The Biography of Myra Bradwell (Buffalo: Prometheus, 1993), 4152Google Scholar.

25. Bradwell v. State of Illinois, 83 U.S. 130 (1873). In 1908, the Supreme Court would restate claims it made in Bradwell, that “woman's physical structure and the performance of maternal functions placed her at a disadvantage in the struggle for subsistence.” See Muller v. Oregon, 208 U.S. 412 (1908). However, legal interpretations of women's employment could be deeply ambiguous. For example, in March 1882, the Illinois legislature passed a law prohibiting the exclusion of any person “from any occupation, profession or employment (except for military) on account of sex.” See Robinson, Lelia, “Women lawyers in the United States.” Green Bag 2 (1890): 14Google Scholar.

26. The activisms of Myra Bradwell and Virginia Minor were not entirely unrelated. See Jordan, Gwen, “‘Horror of a Woman’: Myra Bradwell, the Fourteenth Amendment, and the Gendered Origins of Sociological Jurisprudence,” Akron Law Review 42 (2009): 1201Google Scholar. For a further description of Minor, see Hull, N.E.H. (Natalie), The Women Who Dared to Vote: The Trail of Susan B. Anthony (University Press of Kansas, 2012), 185–87Google Scholar.

27. See Minor v. Happersett, 88 U.S. 162 (1875).

28. This was the same office where Lavinia Goodwell read law. See Norgren, Rebels at the Bar 62, 68; Robinson, “Women lawyers in the United States,” 24; and Jordan, Gwen, Bar None: 125 Years of Women Lawyers in Illinois (Chicago: Chicago Bar Association Alliance for Women, 1998) 2021Google Scholar. Kenneth Mack notes that in the nineteenth century, individuals could still become lawyers by “reading law.” See Mack, Representing the Race, 28.

29. Goodell's private letters reveal her personal ambivalence about Kane, and suggest competition among Janesville's women attorneys. She described Kane as lacking “judgment, principal, and refinement,” explaining, “I am getting to like her less and less, and I am sorry for it, for she has some desirable qualities.” By contrast, she wrote, “Angie has a good deal more sense.” After Kane moved to Milwaukee and Goodell dissolved her partnership with King, Gooodell wrote of Kane, “she is energetic and getting paying clients at once… I shouldn't wonder if she beat Angie and I all out yet; especially as the Milwaukee folks take to her so.” See Norgren, Rebels At The Bar, 70. For cooperation between the attorneys, see Cleary, “Lavinia Goodell, First Woman Lawyer in Wisconsin,” 267.

30. Cleary, “Lavinia Goodell, First Woman Lawyer in Wisconsin,” 258–61.

31. For details on Kane' background, see “Kate Kane Admitted,” Milwaukee Sentinel, March 8, 1879. 2; “Miss Kate Kane,” Milwaukee Journal, Wednesday, July 29, 1891, 5.

32. “Kate Kane Admitted,” Milwaukee Sentinel, March 8, 1879, 2.

33. Lavinia Goodell appealed women's exclusion from the Wisconsin Supreme Court in 1875. She lost. The exclusion was overturned in 1879. See Cleary, “Lavinia Goodell, First Woman Lawyer in Wisconsin,” 255, 267–69. For admission to the bar, see “Wisconsin Affairs,” Inter Ocean, December 14, 1881, 5; for only women see “Supreme Court Synopsis,” Milwaukee Sentinel, December 14, 1881, 5. Kane's admittance to the United States Supreme Court was widely reported. For example, see “Kate Kane in Court,” which appeared in several major dailies, including Milwaukee Journal, May 20, 1890; Daily Picayune, May 20, 1890, 2; Morning Oregonian, Tuesday, May 20, 1890, 3; Fayetteville Observer, May 29, 1890; Evening Bulletin, (San Francisco) May 31, 1890; Atchison Champion, (Kansas) June 13, 1890, 6.

34. For Goodell consulting Kane in the Ingalls case, see “This is a Woman's Case,” Milwaukee Sentinel, March 11, 1880, 8. For Goodell's letter complaining about Kane, see Norgren, Rebels at the Bar, 70.

35. The Milwaukee Journal reported on Kane's marriage to Rossi, whom it described as a handsome Italian with a mustache, “from a rich and distinguished family, well known among the Italians of the city.” They reportedly married in Kenosha, Wisconsin. See, “Kate Kane Married,” Milwaukee Journal, September 9, 1895. Amy Dru Staley talks about subordination and the marriage contract. See Stanley, Amy Dru, From Bondage to Contract: Wage Labor, Marriage and the Market in the Age of Emancipation (New York: Cambridge University Press, 1998)CrossRefGoogle Scholar.

36. For descriptions of poor, ethnic defendants, see Dale, Elizabeth, The Chicago Trunk Murder: Law and Justice at the Turn of the Century (DeKalb: Northern Illinois University Press 2011)Google Scholar. For descriptions of early women attorneys, see Norgren, Rebels at the Bar.

37. Quoted in Karen Berger Morello, The Invisible Bar: The Woman Lawyer In America, 1638 To The Present, 178. This must have been a common refrain of Kane's. It is also attributed to her in Lelia Robinson, “Women Lawyers in the United States,” The Green Bag 2 (1890), 10.

38. For example, during the World's Columbian Exposition she gained attention for her defense of “white slaves who were taken nightly to the Harrison Street Station by the hundreds. In those days she represented between 50 and 100 defendants daily.” See Obituary 3: No Title (Kane's obituary) Chicago Tribune, November 23, 1928, 22.

39. Katzman, David, Seven Days a Week: Women and Domestic Service in Industrializing America (Urbana: University of Illinois Press, 1981)Google Scholar, 188, 222.

40. For Bornhofen charged, see “A Bunghole Deadbeat,” Milwaukee Sentinel, January 12, 1881, 5; for motion for new trial, see “Judgment Day,” Milwaukee Sentinel, January 14, 1881, 2; For motion rejected, see “Jail, Station and Court,” Milwaukee Sentinel, January 18, 1881, 2.

41. For sex workers, see “Courtezans in Court,” Milwaukee Sentinel, May 2, 1882, 6. For Fred Dilgus, see “General City News,” Republican-Sentinel, August 13, 1882, 7. For John Buckreis see “General City News,” Republican-Sentinel, July 12, 1882, 6. For Frank Robinson and John Goodrich (alias Keegan), see “City News in General,” Republican-Sentinel, November 16, 1882, 2; and “Law and Court,” Milwaukee Journal, November 23, 1882, np.

42. For Patrick and William Boyle, see “The Criminal Calendar,” Republican-Sentinel, November 21, 1882, 6.

43. For the case of Lillie Shaw and Dora Shaw, see “Mother and Children,” Milwaukee Journal, February 14, 1883, np.

44. For the Francis Wilson case, see “Guilty of Manslaughter,” Inter Ocean, August 5, 1892, 2.

45. For shoplifter, see “Local Jottings,” Milwaukee Sentinel, October 19, 1885, 2.

46. For vagrant woman, see “Free Woman from Work,” Chicago Tribune, April 24, 1900, 5.

47. See Kane's obituary, “Obituary 3: No Title.”

48. For a description of the incident see “City News in General,” Republican-Sentinel, August 20, 1882, 10.

49. For description of the Jackson case, see “The Jury Disagreed,” Republican-Sentinel, November 23, 1882, 3.

50. The Indianapolis Sentinel article was reprinted in the Milwaukee Journal. See “A Curious Sight,” Milwaukee Journal, January 2, 1883; for Milwaukee Sentinel report on Kane representing an African American defendant, see “Personal,” Milwaukee Sentinel, June 20, 1885, 2.

51. For Kane's first case in Chicago, see “Kate Kane's First Case,” Milwaukee Sentinel, January 11, 1884, 5. For improperly made out indictment (did not list the building that was broken into), see “Minor Mention,” Milwaukee Sentinel, January 23, 1884, 5.

52. For christening service see, “All Sorts of News,” Evening Bulletin, January 18, 1884, 4. For opposition to sexism, see “Local News,” Milwaukee Sentinel, January 20, 1884, 3.

53. For Kane's involvement, see “Kate Kane Has a Case,” Milwaukee Journal, June 23, 1885. For description of Azari, see “Gallows Fruit,” The Atchison Globe, November 16, 1885. For a full treatment of the trunk murder trial see Dale, The Chicago Trunk Murder, 3–94.

54. For coverage of Kane outside Chicago, see “Italian Murderers on Trial,” Rocky Mountain News, June 24, 1885, np; “Kate Kane Has a Case,” Milwaukee Journal, June 23, 1885, np; “Kate Kane Creates Sensation,” Milwaukee Journal, June 24, 1885, np; “Murderous Italian on Trial,” Galveston News, June 24, 1885, 2; and “The Chicago Trunk Tragedy,” St. Louis Globe-Democrat, July 1, 1885, 2.

55. For descriptions of convictions, see “Nooses for Three,” Milwaukee Sentinel, November 15, 1885, 4. Also see Dale, The Chicago Trunk Murder, 71–95.

56. For Haymarket, see “At Chicago,” The News and Observer, May 9, 1886, np. For Kane's involvement, see Messer-Kruse, Timothy, The Trial of the Haymarket Anarchists: Terrorism and Justice in the Gilded Age (New York: Palgrave Macmillan, 2011), 3637CrossRefGoogle Scholar.

57. For prisoners released, see “Threw the Bomb,” Milwaukee Sentinel, May 9, 1886, 6.

58. For Morgan Dix, see Milwaukee Sentinel, March 1, 1883, 8.

59. For Warker, see van de Warker, Ely, “The Relations of Women to the Profession and Skilled Labor,” Popular Science Monthly 6 (1874), 454–70Google Scholar.

60. Andrew Carnegie made this claim in an essay that was initially published as “Wealth” in the North American Review in June 1889, and was immediately reprinted as “The Gospel of Wealth” in the Pall Mall Gazette in England. See Carnegie, Andrew and Nasaw, David, The Gospel of Wealth Essays and Other Writing (New York: Penguin Books, 2006), xiiiix, 1–12Google Scholar.

61. Ryan was deeply invested in maintaining the sexist social structure of his day. He would also argue that law was traditionally a male space. According to Catherine Cleary “in 1875 [the year Ryan decided to excluded Goodell from the high court's bar] the Wisconsin bar was just emerging from the frontier period when lawyers and judges traveled the circuit together. At day's end they relaxed together at the tavern where they all stayed and what discipline there was for the legal profession took place in the give and take of that setting.” See Cleary, “Lavinia Goodell, First Woman Lawyer in Wisconsin” 255, 258.

62. For Mallory revoking Kane's defense, see Republican-Sentinel, September 20, 1882, 8.

63. For Mallory chastising Kane, see “Before Judge Mallory,” Republican-Sentinel, October 11, 1882, 6.

64. For Mallory calling sex workers “sluts,” see “Kate Kane in War Paint,” Milwaukee Journal, January 4, 1883, np.

65. For Kane's editorial, see Milwaukee Journal, January 8, 1883, np.

66. For suit against van Vechten, see “Bar and Bench,” Milwaukee Sentinel, October 6, 1881, 5.

67. For “alleged interference,” see “A Lady Lawyer's Suit,” Inter Ocean, October 6, 1881, 8.

68. For van Vechten losing the sheriff's job to John Bentley, see “County Supervisors,” Republican-Sentinel, November 15, 1882, 2.

69. Allen was held to serve out a $175 fine. See “Kane on Deck Again,” Milwaukee Journal, July 2, 1890.

70. For Kane's conflict with Beaubien, see “Miss Kane Has a Grievance,” Inter Ocean, December 8, 1888, 7; and “Kate Kane on the War-Path,” Milwaukee Journal, September 25, 1890.

71. For Beaubien being given a minor scolding, see “Kate Kane as Plaintiff,” Inter Ocean, September 25, 1890, 11.

72. Justice Samuel Miller's majority opinion in Bradwell was much more restrained—meaning that it focused on the constitution—than Justice Bradley's concurring opinion, which focused on women's domestic duties and sexual responsibilities. See Bradwell v. State of Illinois, 83 U.S. 130 (1873).

73. For Lady Board, see “Work of Women,” Milwaukee Sentinel, August 5, 1880, 2. For Republican Party, see “The Politicians,” Milwaukee Sentinel, October 30, 1880.

74. For Kane addressing the temperance reform club the following Monday evening, see Milwaukee Sentinel, March 31, 1879, 8; For Kane speaking with the girls at the Sycamore street Temperance Hall Sunday evening, see Milwaukee Sentinel, April 2, 1879, 8; For Kane temperance speech, see “A Woman's Argument,” Milwaukee Sentinel, April 7, 1879, 8.

75. For Suffrage Amendment, see “Notes and Comment,” Milwaukee Sentinel, February 18, 1880, 2; and “Female Freedom,” Milwaukee Sentinel, January 7, 1881, 8; For annual petition, see “Votes for Women,” Milwaukee Sentinel, January 29, 1885, 8.

76. For lack of absolute rights, see “Female Suffrage,” Milwaukee Sentinel, May 24 1880, 7.

77. For petition for the removal of political distinctions between men and women, see “The Legislature,” Milwaukee Sentinel, March 30, 1881, 2.

78. For women facing all forms of economic stress, see “Kate Kane She Protests Against the Action of the Legislature,” Milwaukee Sentinel, March 29, 1881, 9.

79. For being cited for contempt by Judge Williams, see “Kate Kane Fined,” Inter Ocean, June 15, 1889.

80. For Jane E. Roots, see “Saucy Kate Kane in Court,” Milwaukee Journal, September 17, 1887, np; “Brevities,” Inter Ocean, September 17, 1887, 6.

81. For Dennison conflict, see “The City in Brief,” Inter Ocean, September 25, 1892, 4; and “Kate Kane's Muscle,” Milwaukee Sentinel, September 25, 1892, 5.

82. Kane's victim is described only as F. L. Brady. See “Pugnacious Woman Lawyer,” New York Times, January 1, 1898, 2.

83. For disturbance in mayor Busse's office, see “Causes Stir In Mayor's Office,” Chicago Tribune, February 28, 1908, 1.

84. For slapped policeman and Judge Gemmill, see Kane obituary, “Obituary 3: No Title.”

85. For the idea that women were excluded from courtrooms that were characterized by rough men and bad behavior, see Drachman, Sisters in Law, 85.

86. Bradford's account hailed from a short period when Kane boarded with her family. See, Memoirs of Mary D. Bradford,” The Wisconsin Magazine of History 15 (1931): 51Google Scholar.

87. Drachman, Sisters in Law, 92–93.

88. For Kane gathering signatures, see “Policewomen,” Milwaukee Sentinel, August 3, 1880, 8. For Alderman Dodge presenting Kate Kane's petition, see “Paragraphic Pickings,” Milwaukee Sentinel, January 4, 1881, 2.

89. For the 1874 Chicago proposal, see Margaret Dorsey Phelps, “Idled Outside, Overworked Inside: The Political Economy of Prison Labor During Depressions in Chicago, 1871–1897” (PhD diss., University of Iowa, 1992), 272. Although it in not clear whether the 1874 law passed, Chicago police stations did employ matrons by the 1880s. See Flinn, John Joseph, and Wilkie, John Elbert, History of the Chicago Police: From the Settlement of the Community to the Present Time (Chicago: The Police Book Fund, 1887)Google Scholar, 454.

90. For protecting inmates from mistreatment, see “Kate Kane's Hobby,” Milwaukee Sentinel, January 19, 1881, 8.

91. For jailer's wife, see “It Will Wash,” Milwaukee Sentinel, February 14, 1881, 3.

92. For Milwaukee Council turning over the bill, see “A Female Sheriff,” Milwaukee Sentinel, January 25, 1881, 3. For Kane submitting bill to State Legislature, see “That Female Officer,” Milwaukee Sentinel, January 27, 1881, 5. For Nort Field thinking of calling on Kane, see “Madison Gossip,” Milwaukee Sentinel, February 2, 1881, 4.

93. For national publicity, see “Current Mention,” Independent Statesman, February 3, 1881, 144; and “Latest News Items,” Evening Bulletin, February 12, 1881, 3. For bill “slaughtered in the assembly yesterday” see “Multiple News Items,” Milwaukee Sentinel, February 18, 1881, 4.

94. For new police matron, see “Unfortunate Women,” Milwaukee Journal, April 4, 1883, np.

95. For accommodating women in court, see “Local Events,” The Milwaukee Sentinel, February 24, 1883, 5.

96. For advertisement, “Tx. 25 cents. No extra charge for reserved seats,” see “Classified Ads,” Milwaukee Sentinel, February 18, 1881, 10.

97. Kane lecturing on “Legislation for the Poor man,” see “General City News,” Milwaukee Sentinel, November 18, 1880, 8. For Kane lecturing at Waukesha that night, see “General City News,” Milwaukee Sentinel, January 24, 1881, 2. For Kane lecturing at the Academy of Music, see “General City News,” Milwaukee Sentinel, February 15, 1881, 10. For Kane lecturing at Puddler's Hall and Bay View, see “Multiple News Items,” Milwaukee Sentinel, April 4, 1881, 8. For Kane lecturing in Oshkosh, see “General City News,” Milwaukee Sentinel, April 23, 1881, 3.

98. For the Chicago Journal responding to Kate Kane, see Milwaukee Sentinel, February 22, 1881, 3.

99. For major points raised in Kane's speech, see “Rostrum Roster,” Milwaukee Sentinel, February 24, 1881, 3.

100. In “Legislation for the Poor Man,” Kane anticipates by several decades some of Pound's important insights, notably, that there is no absolute law and that law changes during brief and intense periods of revolution and reform. She also formulated analyses resembling sociological jurisprudence. For similar arguments to Kane, see Pound, Roscoe, “The Administration of Justice in the Modern City,” Harvard Law Review 26 (1913), 302328CrossRefGoogle Scholar. For sociological jurisprudence, see Pound, Roscoe, “Theories of Law,” Yale Law Journal 22 (1912): 114, 146CrossRefGoogle Scholar.

101. Cleary, “Lavinia Goodell, First Woman Lawyer in Wisconsin,” 245–57.

102. For run for Supreme Court, see “The Municipality” Milwaukee Sentinel, April 10, 1883, 5.

103. “Kate Kane Running for Judge,” Milwaukee Journal, September 19, 1893, np.

104. “Kate Kane to Run for Judge,” Boston Advertiser, July 21, 1893, 5; Atchison Daily Globe, August 21, 1893, np.

105. “A Woman's Ambition,” Morning Oregonian, September 20, 1893, 4.

106. “Personal and General Notes,” Daily Picayune, September 28, 1893, 4.

107. Prominent supporters included Judge Hutchinson, Fernando Jones, A.S. Trude, Attorney Gus Van Buren, Inspector Schaack, Clerk of the Court Schubert, and John L Sullivan. See Milwaukee Journal, October 11, 1893, 3. For Kate Kane not getting enough names, see “Was a Telling Blow,” Inter Ocean, October 21, 1893, 4; “Kate Kane Didn't Get Enough Names,” Milwaukee Journal, October 21, 1893. Kane challenged the exclusion, and was not officially excluded from the ticket until October 27, 1893. See Inter Ocean, October 22, 1893, 3; and “Ticket is Made up,” Inter Ocean, October 27, 1893, 4.

108. Local newspapers reported Kane's response, “I was not aware any exception to my nomination had been filed…. The only provision is that a person shall be 25 years of age, which I am, and the candidate shall have resided in the state and county for the last five years preceding election. There is nothing said about women, and it is ridiculous to rule me off the ticket.” See “County Nominations Are Filed,” Chicago Tribune, October 7, 1894, 2; and “May Turn the Trick,” Chicago Tribune, October 27, 1894, 3.

109. For depiction of women who ran for public office in the United States in the era before the passage of the Nineteenth Amendment, see Her Hat Was in the Ring! 2014 http://herhatwasinthering.org, accessed December 18, 2014.

110. “Woman Seeks Police Headship,” Christian Science Monitor, April 15, 1911, 5.

111. For instance, see Catherine Waugh McCulloch's bid for office, described in Norgren, Rebels At The Bar, 148, 153–54.

112. The Municipal Suffrage Bill, which saw 150,000 women cast votes in the spring of 1914 and which was symbolic as the first enfranchisement of women east of the Mississippi. See Flanagan, Maureen A., Seeing With Their Hearts: Chicago Women and the Vision of the Good City, 1871–1933 (Princeton: Princeton University Press, 2002)Google Scholar, 132. Also see Hendricks, Wanda A., Gender, Race, and Politics in the Midwest (Indiana: Indiana University Press, 1998), 8687Google Scholar. Despite this enfranchisement, large numbers of women were still excluded from voting. For example, women married to foreign-born men remained shut out of elections. The Expatriation Act of 1907 required that women born in the United States who married aliens assume the citizenship of their husband and abandon their own. See. Flanagan, Seeing With their Hearts, 127; Bredbenner, Candice Lewis, A Nationality of Her Own: Women, Marriage, and the Law of Citizenship (Berkeley: University of California Press, 1998)Google Scholar, 56. As a result of the partial suffrage bill, Illinois women were the first women east of the Mississippi river to join women in several western states to vote in the presidential election of 1916. See Flexner, Eleanor and Fitzpatrick, Ellen Frances, Century of Struggle: The Woman's Rights Movement in the United States (Cambridge, Mass: Harvard University Press. 1996)Google Scholar.

113. Holt, “Marking: Race, Race Making, and the Writing of History,” 4–6; “Badge of Slavery” is famous language from Justice John Marshall Harlan's dissenting opinion in The Civil Rights Case. See The Civil Rights Cases, 109 U.S. 3 (1883).

114. Current Topics,” The Albany Law Journal: December 1895 to July 1895 (Albany: Albany Law Journal Company, 1895)Google Scholar, 372.

115. In “Leaves of Grass” poet Walt Whitman wrote, “I am large, I contain Multitudes” (originally published in 1855). See Whitman, Walt and Reynolds, David S., Leaves of Grass (New York: Oxford University Press, 2005)Google Scholar, 43. Scholars have connected the poem to citizenship struggles in the mid-nineteenth century. Literary historian Betsy Erkkilä has argued that tension over individual status (principally women and African Americans), represented a “the drama of identity” in Leaves of Grass and was reflected in national tensions that were “rooted in the political drama of a nation in crisis” after the Civil War, as lawmakers expanded the terms of national membership. See Erkkilä, Betsy, Whitman the Political Poet (New York: Oxford University Press, 1989)Google Scholar, 95.