(ISSN 004.^-6534) WISCONSIN MAGAZINE OF HISTORY

The State Historical Society ofWisconsin • Vol. 78, No. 2 • Winter, 1994-1995

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-••-^' ' ? "«^»^^ pARANooiuPjayim A»e ni TOIIGBT id PREMIER i ii iii, ', CTWWI lilfll tli trj

Officers FANNIE E. HICKLIN, President GERALD D. VISTE, Treasurer GLENN R. (IOATES, First Vice-President H. NiciioiAs MULLER III, Secretary JANE BERNiiARnr, .Second Vice-President

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ON THF COVER; Matt Pfeifher and E. Adler standing in front of Adler Advertising Company billboards on East .Second Street in Marshfield across the street from the Adler Theater in 1914. An article on the A dlerfa mily 's movie house empire begins on page 83. All photographs in this article acknowledged in the author's note. Volume 78, Number 2 / Winter, 1994-1995

WISCONSIN MAGAZINE OF HISTORY

Published quarterly by the .State Historical Society ofWisconsin, Big Ambitions in a Sinall Town: 816 State Street, Madison, Wi-sconsin S.^VOB-HSS. The Story of J. P. Adler and the Movies 83 Distributed to meinbers as part of fan Coombs their dues. Individual membership, $27.50; senior citizen individual, $22.50; family, $32.50; senior citizen family, $27.50; supporting, $100; sustaining, $250; Married Women's Property Rights patron, $500 or more; life (one person), $1,000. Single numbers in Wisconsin, 1846-1872 110 from Volume 57 forward are $5 Catherine B. Cleary phis postage. Microfilmed copies available through tJniversily Microfilms, .«5od North Zeeb Road, Ann Arbor, Michigan 4810(i. Ccjmmunications should be addressed to the editor. The Book Reviews 138 Society does not assume responsibility for statements made Book Review Index 142 by contributors. Second-class postage paid at Madison, Wisconsin. Accessions 143 POSIMASTER: Send address changes to Wisconsin Magazine Wisconsin History Checklist 146 of History, Madison, Wisconsin 53706-1488. Copyright © 1995 by the State Historical Society of Proceedings t:)f the One Hundred and Wisconsin. Forty-Eighth Annual Meeting of the State Historical Society 150 The Wisconsin Magazine of History is indexed annually by the editors; cuinulative indexes are assembled Contribittors 160 decennially. In addition, articles are abstracted and indexed in America: History and Life, Historical Abstracts, Index to Literature on the American Indian, and the Combined Retrospective Index to lournals in Editor Hisloiy, 18^8-1974.' PAUL H. H.A,SS Associate Editors Photographs identified with WHi negative numbers are from the Wii.i.iAM C. MARTEN Historical Societv's collections. JOHN O. HorzHUEtRR NEW ADLER THEATRE

'The interior of the New Adler 'Theater in Marshfield at its opening in 1937. All photographs in this article acknoioledged in the autlior's note.

82 Big Ambitions in a Small Town: The Story of J. P. Adler and the Movies

By Jan Coombs

OR the greater part of sixty-two years, who, from the outset, had a front-row F John Peter Adler was in the movie seat. business. He never made it to Hollywood J.P., as he was called by almost every­ as a director or a producer, not even as a one who knew him, was born in Marshfield bit-part actor. Instead, he built a remark­ on September 28, 1887, to Philip and able career in the small central Wisconsin Margaret Hoffman Adler. He was the sev­ community of Marshfield, where he be­ enth of thirteen Adler children and one came an independent movie exhibitor of five sons. Philip and Margaret both and, eventually, the owner of a sizable were born in America to German immi­ chain of theaters. From 1897, when he grant parents, and they married in (]hi- and his father showed the first "moving cago, where Philip apprenticed as a shoe­ pictures" in Marshfield, to bis death in maker. In the 1880's the couple moved 1959, American movie attendance soared their growing family to the newly formed from near-zero to 90 million a week dur­ village of Marshfield, where Philip started ing the 1940'.s—and then plummeted to a farm, opened a shoe store, and invested 30 million a week by the 1950's. J. P. in real estate. He seemed to prosper in all Adler's career thus encompassed the these spheres. While amassing what be­ birth, the golden age, and the decline of came "a small fortune" in commercial a significant American institution. As the and residential properties, he launched motion picture industry completes its first his youngest son, either by design or by hundred years, it is both appropriate and chance, into a lifelong career in show instructive to examine the first six de­ business.' cades of the movie business from the During Marshfield's early years, enter­ perspective ofan independent exhibitor tainment centered around churches and fraternal organizations and—to the de­ light of some and consternation of oth- AUTHOR'S NCJII:: The author is greatly indebted to Mr. er.s—in the many saloons lining Central Adler's daughters, Elizabeth and Anne, for their gener­ ous cooperation and assistance, to Maxine Feind and John Christner for their photographic contributions, and to many Adler family friends and former employees for ' Pholoccjpy of unlabeled 1915 newspaper article in their willingness to share their memories. .-Xdler family files, Marshfield.

Copyi-iglit © 1995 by the State Historical Society ol Wisconsin 83 All rights of reproduction in any form reserved. • I

Philip Adler (father of f.P.), entrepreneur, real-estate developer, farmer, "capitalist, " and one of Marshfield's wealthiest men, standing on the sideiualk ofa very muddy Central Avenue.

Avenue. Some of the more refined resi­ Street. During its construction, Philip dents offered lectures, evening musicals, enlistedJ.P., then nine years old, to haul and dances in their homes for small bricks for the masons. Then on May 5, groups of guests; but when they required 1897, shortly after Adler Hall's comple­ larger facilities, their options were lim­ tion, J.P. helped his father set up the ited to a few rather inelegant fraternal chairs for Marshfield's first movie, a halls associated with saloons, most of Magniscope exhibition. which were run by the Germans who con­ The Magniscope, touted in the press stituted by far the largest immigrant group as "one of the wonders of the world," in town. Fred Korth and his partner projected images upon a large curtain Michel Bast built the Korth Opera House "with every object ... moving about as in at 214 South Maple Street in 1890 in real life." The Marshfield exhibition in­ answer to the need for a nicely appointed cluded "amazing" scenes ofthe renowned meeting hall. When that wooden facility Black Diamond Express train speeding burned to the ground four years later,- along at seventy miles an hour; the inau­ Philip Adler laid plans for his own dance guration of President William McKinley and meeting hall, a substantial brick struc­ with immense crowds of people waving ture which he built at 107 East Second hats and handkerchiefs for the camera as he took his oath of office; the Chicago fire chief and his department responding - The Sanborn-Penis map of .Marshfield, 1891, shows the Korth Opera House stage ecjiiippcd wilh kerosene to an alarm; and a kissing scene with "a footlights. middle-aged couple in the art of love-

84 COOMllS: j. p. .U)1J{R.ANDTHK MOVIES making." This last vignette was consid­ volved unauthorized copies of equipment ered so funny that audiences invariably and film. Finally, after dozens of film "made the management repeat it several companies had used his print illegally, times."-'' Entitled The Kiss, it was in fact a Edison copyrighted a twenty-three-foot, single brief scene from The Widoxv Jones, a 16mm version of TheKiss'in March, 1900.' stage musical which played at the Bijou Vitascope received some of ils stron­ Theater in New York City in the spring of gest competition from the Lumiere 1896. It was filmed at Thomas Edison's Cinematographe, a self-contained camera, so-called Black Maria studio in Menlo film developer, and projector produced Park, Newjersey.' in France in 1895. The hand-cranked Cinematographe required no electricity, so operators could film anywhere and NVENTORS had first attempted to then project their movies using limelight I "move pictures" with camera and film or some other non-electrical illumina­ in the late 1880's. Edison's laboratories tion.** Cinematographe encouraged its developed a Kinetograpb camera which franchised operators to join vaudeville produced films for viewing through a circuits where the novelty of ten-minute peep-show device called a Kinetoscope. "film acts" delighted audiences. Threats That invention soon gave way to the of patent litigation forced the Lumiere Vitascope, a film projector which was in­ Cinematographe out of the American troduced to the public in April, 1896, at market in the spring of 1897, but other Koster and Beats Music Hall in New York companies copied its strategy for market­ City."' Almost immediately, agents began ing films and projectors by way of vaude­ selling franchises that enabled traveling ville circuits." showmen to lease Vitascope projectors Early movie makers paid little atten­ and purchase a few rolls of Edison film tion to the content of their films. They for presentations in a different neighbor­ made films primarily to promote a de­ hood or community each night. The mand for their equipment, and they sold Vitascope marketing strategy failed be­ them for ten to twelve cents a foot, re­ cause direct electrical current was not gardless of subject or quality.'" Audiences always available for the projectors, and only became interested in the content of the delivery of Edison's films proved un­ films when the novelty of "moving pic­ reliable. In addition, many competitors tures" wore thin. Then they favored films made their own versions ofthe Vitascope depicting news events, exotic places, and to use with pirated copies of Edison's what were known as "local actualities," films.'' Indeed, it seems likely that Philip which featured scenes and people filmed Adler's Magniscope exhibition in in their own communities." Marshfield in May of 1897 may have in- ' Musser, "American Vitagraph," 26-28; Kemp R. •' Marshfiehl News, April 29, 1897. Niver, Motion Pictures from the Library cf Congress Paper Print ' Charles Mirsser, "The American "Vitagraph, 1897- Cx>llectixm, 1894-1912, Bebe Bergsten, ed. (Berkeley and 1901: Survival and Success in a Competitive Industry," in lx)s Angeles, 1967), .57. Film Befcrre Criffith, ed. byjohn h. Fell (Berkeley and Ixis " Limelight is produced by directing an oxyhydrogen Angeles, 198.S), 26. flame on a cylinder of lime and through a lens to form a ' Benjamin B. Hampton, History of lire American Film beam of white light. Industry Jrcnn Its Beginnings to 1931 (NewYork, 1970), 11; " Allen, "Vita.scope/Cinematographe," 148-152. originally published as A Hislmy if the Movies (Ncnv York, '" Hampton, History of American Film Industry, 43-44. 19;31). '' Robert C. Allen, "The Movies in Vaude-ville: Histori­ '' Robert C Allen, "Vitascope/t^Iincmatographe: Ini­ cal Context of the Movies as Popular Entertainment" in tial Patterns of American Film Industrial Practice" in Fell, Fhe American Film Industry, Tino Balio, ed. (rev. ed., Film Befcrre Gnffith, 144-149. Madison, 198.5), 57-75.

85 1 lie Adkr Advertising Brigade in the late lS9U's under the captaincy of f.P., who stands in the center surrounded by the boys under his command. In 1900 Philip Adler started a billboard company lohich his son grew to include eighty large billboards throughout central Wisconsin. Photo by F. N. Weaver, Marshfield.

From the outset, Adler Hall prospered. Over the next few years, Philip enlarged Marshfield, the hub of six converging his son's responsibilities to include virtu­ railroad lines, was a convenient stop for ally every aspect of the theater business. vaudeville and Broadway shows traveling When the senior Adler learned in 1904 between Chicago, Milwaukee, and the that a group of investors planned to build Twin Cities.'-After 1898, vaudeville com­ an opera house at the north end of Cen­ panies invariably included popular "film tral Avenue,'-'' he quickly added a well- acts" in their programs. In one way or equipped stage to his own building and another, J.P. was involved with almost renamed it the Adler Opera House. Al­ every event that took place in Adler Hall though his new stage facilities attracted from the time its doors first opened. Af­ more traveling shows, he retained the ter completing fourth grade at the age of movable seating so be could continue to ten, be was forced to leave school so that rent his hall for dances. When program­ he could help his father with chores in ming changes became more frequent, the hall and at home on the farm. Before Philip leased the management of his the­ long, he became "captain" of "Adler's ater to outsiders so that he could devote Brigade," a group of other young boys hired to distribute advertising door to door and sometimes to put up posters. " The Sanboni-Penis map of Marshfield, 1904, shows plans for an opera hou.se at the southeast comer of North Central Avenue and Ea.st C Saeet, but the 1912 map shows '- Marshfield Netus Herahl, August 5, 1965. a li\'erv on that site.

86 (X)OMIiS: |. p. .\DI,KR,A.ND THK MO\'lF.S his attention to other business interests. Popular Family Theater," the Unique of­ Four years and three managers later, J. P. fered "High Class Vaudeville Comedy, Adler turned twenty-one, and his father Musical Features, Edison Improved Mov­ leased the Adler Opera House to him." ing Pictures [and] Beautiful Dissolving Illustrated Songs"—all for a mere ten cents admission.'*^ HE fledgling motion-picture indus­ Faced with competition from storefront T try had changed considerably by the theaters, many theater owners purchased time J.P. took control of the Adler. Movies projectors so they could exhibit films had matured from short vignettes into themselves in conjunction with their stage films lasting as long as fourteen min­ programs.'-' In response to his competi­ utes—time enough to tell a story.'' Mass tion, youngj. P. Adler engaged the finest production ofthe longer movies lowered entertainment and rented the best mov­ their costs, and groups of distributors ies he could find. Shortly after taking had formed what were known as "film control of the Adler in 1908, he began to exchanges": companies that purchased show what he described as "film plays" movies and rented them to exhibitors. every Saturday and Sunday night, using a When rental films became readily avail­ hand-cranked projector. His description able, traveling projectionists no longer of the movies he exhibited suggests that had to carry their own small supply of he tried to select quality films with dra­ films from town to town in search of new matic content. When J.P. renovated the audiences. They abandoned the vaude­ Adler three years later, renaming it the ville circuit and opened storefront the­ New Adler Opera House, he gave his aters where they could exhibit an ever- patrons more comfortable seats and a changing array of rented films. The first better view of both stage and screen. He storefront movie theater—named the installed plush opera chairs, rebuilt the Nickel-Odeon for its admission price and main fioor of the auditorium so it sloped the Greek word for theater—opened in toward the stage, and added a horseshoe- Pittsburgh in 1904. Within six years, more shaped balcony. By increasing the than 10,000 storefront nickelodeons were theater's capacity to 800 seats, he was operating in the U.S."' able to keep his prices competitive—as The poor performance of the three little as five cents for balcony seats—and managers who had leased the Adler Op­ still make a profit.*' era House from Philip between 1904 J.P.'s determination to give his custom­ and 1908 may have been due at least in ers the best in comfort and entertain­ part to competition from "several small ment was central to his business philoso­ picture houses" and from a combination phy, and it was a theme he expressed with vaudeville-movie house that opened in apparent sincerity throughout his career. Marshfield during the same period.'"The A 1911 newspaper article extolling J. P.'s storefront operations were short-lived, but the larger Unique Theater prospered. Advertising itself in 1908 as "Marshfield's '" Directory for Grand Rapids, Centralia, Marshfiehl and Adjacent Areas (Maiion, Indiana, 1908), unnumbered page. ''' Marshfield Daily Neu)s, December 28, 1922. '"Allen, "Motion Picture Exhibition," 170-174, '° Hampton, History of American Film Industry, SI. '" During the 1920's, large-city houses averaged 750 "^ Ibid, 45; Robert C. Allen, "Motion Picture Exhibi­ seats and small-city houses considerably less, according to tion in Manhattan, 1906-1912: Beyond the Nickelodeon" Richard Koszarski in AnFvening'sFntertainrmmt: TheAgeof in Fell, Film Before Griffith, 162. the Silent Feature Picture, 1915-1928, vol. 3 of 'The History of '' Marshfield Daily News, December 28, 1922. tlu American Cinema (NewYork, 1990), 10, 13.

87 WISCONSIN M,^CAZI\E OF HtSTORY WINTER, 1994-1995 business skills reported, "Especially dur­ music lessons. Judging by the newspaper ing the pastyear he has booked and shown accounts of their engagement, wedding, only the best companies on the road, and honeymoon, J.P.'s marriage to Rosa satisfying himself first ofthe merits ofan on September 28, 1915, his twenty-eighth attraction before booking it."'"^' And news­ birthday, may have been the social event paper interviews often quoted him as say­ of the year in Marshfield.^'' ing, "Nothing but the very best will do." Then tragedy struck, not once but By 1913, J.P. was showing movies every twice. Within two weeks of the wedding, night that his theater was not used by a the honeymooning couple was called road company or community organiza­ home from Niagara Falls by the unex­ tion. A year later, the National pected death of J.P.'s mother. Three Cinematograph Company of (]bicago vis­ weeks later, his father Philip was killed at ited Marshfield to film local scenes and a railroad crossing when a train hit the car activities for a week-long program at the in which he was riding. Reports of this Adler. This program featured views of accident, which also claimed the lives of factories and churches, a meeting of city three other leading citizens, referred to officials, a "thrilling" fire department run Philip as a "retired capitalist," one of on Central Avenue, and large crowds of Marshfield's "earliest settlers and richest familiar faces. The company also filmed a men."-' gathering of Marshfield's "most beauti­ Although Philip left many children to ful young ladies" for a contest to be held share his considerable estate, he named the following year at the Panama-Pacific J.P. his executor; presumably, he saw his Exhibition in San Francisco."-J.P.'s abil­ own conservative, hard-working ethic re­ ity to lure the film company to his theater flected in this son. The movie industry for this auspicious event confirmed the had undergone a number of power preeminent position of the Adler Opera struggles during the seven years that J.P. House in the community. managed the Adler Opera House before For seven years after becoming the his father's death. Film makers had Adler's manager, ].P. maintained living pooled their patents in 1908 to form the quarters in the theater building so he Motion Picture Patents Company could devote his time and profits to bis (MPPC), creating a "trust" designed to business. He did find time, however, to control the manufacture of film equip­ court a pretty musician who played the ment as well as the production, distribu­ theater organ for movies and a concert tion, and exhibition of films. The MPPC piano with the orchestra for theatrical licensed film distributors and exhibitors, productions. Rosamond Bille was the who agreed to handle only MPPC-autho- daughter of Hans Hansen and Anne rized films. These arrangements initially Larsen Bille, Danish immigrants who lived helped exhibitors, because films rented in Marshfield's fashionable Pleasant Hill from exchanges cost a fraction of their district. Compared loJ.P.'s upbringing, purchase price. Additionally, the stan­ Rosa's childhood had been one of privi­ dardization of projectors and film size lege and gentility. After graduating from Marshfield's McKinley High School and the Milwaukee Conservatory of Music, --' Marshfiehl News, Augirst 19, September 18 at-id 30, she returned home to teach kindergar­ 1915; also unlabeled clippings in the Adler family files.J.P. ten in a local public school and to give often planned significant events in his life t(5 coincide with an anniversary of his birth. -* MarshfiehlNeais, October Hand November 4,1915; -' Manhfield News, Noveinber 4, 1911. Marshfield Herald, October 16, 1915; and unlabeled clip­ -'- Marshfield 'Times, August 5, 1914. pings in Adler family files.

88 Rosamond Larson Bille and f P. Adler at the time of their marriage in 1915.

reduced equipment costs. While nickel­ budget films because low rental fees in­ odeons and vaudeville projectionists pro­ creased their profits.--^ liferated, MPPC producers cranked out twelve- to fourteen-minute one-reelers as fast as they could make them. Many ex­ '-' (iorhaiTi Kindem, ed., Tlie Ameiican Mcwie Industry: hibitors were happy to show short, low- The Business of Motion Pictures (Carbondale, 1982), xvii; 89 WISCONSIN MA(;.AZINK OF HLSTORY wiMFR, 1994-1995

ESPITE MPPC's efforts to monopo­ be called "B movies."'-' Following Par- D lize the industry, independent film amount's lead, other grt)ups formed makers proliferated and were soon pro­ their own production companies and ducing what came to be called "feature bought chains of first-run movie houses films": multi-reel movies with dramatic in which to show their films. The popu­ themes. Theater owners began to show larity of feature films stifled the produc­ these longer films on a regular basis, and tion of one- and two-reel movies and were able to recover the higher rental doomed nickelodeons to extinction.'-^*' fees by expanding their seating capacity, Of course, feature-length movies took just asJ.P. had done in Marshfield. Other more time and money to make than short film exhibitors, including New York en­ films. Studio output diminished as a re­ trepreneurs William Fox and Marcus sult, and exhibitors were forced to com­ Loew, abandoned their storefront opera­ pete with one another for new movies in tions and the vaudeville circuit. They con­ their market area. Paramount took ad­ verted legitimate theaters into opulent vantage of the feature film shortage by "picture palaces," designed to attract an devising a system called "block booking" affluent clientele.-" to finance its movie production. Under As the result ofa federal antitrust suit this scheme. Paramount distributors mounted against MPPC, the company forced exhibitors to rent the company's lost most of its control of the movie in­ entire output for a season, before the dustry by 1915. However, the biggest blow films were made, on an "all or nothing" bad come a year earlier, in 1914, when basis. In effect, exhibitors had to rent five men who controlled 80 per cent of many second-rate movies if they wanted the domestic film distribution market to show more desirable features.'-"' formed Paramount Pictures Corporation The "star system" also contributed to in order to produce their own movies. rising production costs. Following for­ Film distributors had theretofore charged mation of the Motion Pictures Patents all theaters weekly rental rates of $100- Ca)mpany in 1909, independent filmmak­ ,$150, but the Paramount group changed ers exploited the public's fascinaiitm with the fee structure. They rented their films movie personalities by inducing popular for a percentage of house receipts, simi­ actors and actresses to sign contracts giv­ lar to the agreements touring companies ing a single studio exclusive rights to made with theaters, and based their rental their work in return for a substantial sum fees on the size, condition, and location of money. Each studio then promoted its of each theater. Under the new system, own "properties" to such an extent that first-run movie houses in large cities paid films made without stars after 1910 sel­ fees as high as $500 to $700 a week, while dom sold enough tickets to be profitable. "secondary houses" in city neighborhoods Movie stars, in their turn, demanded and small towns usually paid between higher salaries to match their increasing $100 and $300 per film', though some­ popularity. Mary Pickford, for example, times considerablv less for what came to left Biograph for another studio in 1910 for a weeklv salarv of $175, but she re-

Riilph C^assady, |r., "Monopoly in Mc:)tion Picture Produc­ tion and Distribution, 1908-1915," in Balio, American Movie Industry, 2.5-26; Hampton, I lisloty of .American Film Industry, 66-69. '-' Balio, American Film IndiLstiy, 117; 1 lampion, Ihstoty -'' Hampton, Hislcny of Ameiican Film Industry, 89, 172; of American Film ludu.stty, 122-124, 147; CASsady, "Mo Rus.sell Merritt, "Nickelodeon Theaters, 190.5-1914: Build­ nopoly in Motion Picture Production," 61-62. ing an Audience for the Movies," in Balio, American Film -" Merrill, "Nickelodeon Theaters," 102, Industry 79. -' Balio, ,\inencan Film Indu.shy, 1 l(i-l 19,

90 Lyman H. Howe sitting in his automobile in front ofthe New Adler Opera House when he brought his Travel Festival cf films to Marshfield in 1916. turned two years later when Biograph Movies finally achieved recognition as offered her $500 a week. By 1918, she was an authentic medium for drama in 1915 earning $1 million a year at the First when D.W. Griffith's The Birth ofa Nation National Studio. Box office prices rose to opened at the Liberty Theater in New cover increased production costs and York City. This inflammatory film about higher rental fees, but exhibitors pros­ the Civil War and Reconstruction, which pered because "movie fans" (from the maligned Negroes and espoused the ide­ word "fanatic") flocked to see their favor­ als ofthe Ku Klux Klan, provoked riots in ite idols."' many large cities where it was shown. The Birth of a Nation, which President Woodrow Wilson likened to "history written with lightning," revolutionized American atti­ "'Hampton, HisUny of American Film Industry, 16.5-166; Gorham Kindem, "Hollywood's Star System: A Historical tudes toward the movies. Many theater Overview," in Kindem, Ameiican McrvieIndustry, 80-82. patrons and critics who had formerly

91 WISCONSIN M.\(;.\ZINE OF HISTORY WINTER, 1994-1995 considered movies "low-brow" entertain­ Whether films were rented for flat fees, ment suddenly realized the dramatic po­ as J.P. described, or for a share of box tential of film and willingly paid high office receipts, exhibitors everywhere theater prices to see Griffith's movie.'" chafed at having to "block book" (that is, J. P. Adler kept pace with changes in to agree to rent a company's output for a the movie industry, bringing his patrons season) and then pay high fees for films the latest movies as soon as they were they especially wanted to show. In reac­ available for exhibition in small commu­ tion to what they viewed as unfair rental nities. His major rival on the eve of World practices, many exhibitors falsified their War I was still the Unique Theater, just box-office reports and kept more of the around the corner on Central Avenue. By receipts for themselves. For example, in­ then, the Unique had abandoned its stead of paying a distributor 50 per cent vaudeville programming and was show­ of $200 in actual ticket sales, a manager ing, as one of its advertisements said, might report receipts of only $150 and "Just Motion Pictures, That's AU.""'''^ Some pocket an extra $25. This practice was years later, J.P. explained to a newspaper common enough that regional distribu­ editor how competition among local ex­ tors routinely hired "checkers" to visit hibitors greatly increased film rental costs: theaters unannounced and compare their counts of movie patrons to those reported The use of films is not sold [rented] by management.'*'* like other commodities, merely with A change in ticket design eventually consideration for the value of the eliminated the need for checkers. For a picture and the cost of production. long time, many theaters used reusable It is based on the theory of getting tickets made from hea-vy cardboard. As all the traffic will bear. The agent of theaters expanded their seating capaci­ the distributors visits the exhibiting ties, the sheer bulk of these tickets made managers often and shows bis wares. them cumbersome to handle. Managers Then, if there is only one theater turned to disposable tickets printed on manager to deal with, the price is fixed and the deal made. But if there large rolls of lightweight pasteboard. Col­ are two competitive theaters, the lected ticket stubs were supposed to rep­ salesman goes back and forth be­ resent a show's receipts, but their small tween them getting a bid from one size allowed dishonest managers to easily and going to the other to raise it, dispose of some before taking an "official until he finally gets a price out of count." The problem of verifying theater proportion to the cost of the pic­ receipts was resolved when film distribu­ ture or its value as a drawing card tors forced exhibitors to purchase rolls of to the theater. A picture might sell sequentially numbered tickets, and to ... for $400 . . . with two theater record the first and last numbers of tick­ managers competing, [but] for not ets sold for each performance.^-^ more than $100 [with only one Movie attendance declined during manager].•^•' World War I; increasing production costs and a 10 per cent "war tax" imposed on •" Balio, Amentan Film Industry, 113; Hampton, History movie tickets by the federal government of American Film Industry, 128-130. •'- Marshfield City Directory (Marshfield, 1915), unnum­ in 1918 raised ticket prices beyond the bered page. The Theil Theater opened in Marshfield around 1915 but was never a serious threat due to scheduling problems; 1916 issues of the Marshfield Herald show its inabilit}- to predict programming for a •''' Author's inten.'iew with Anne and Elizabeth Adler, full week. Marshfield, June, 1991. •" Stevens Point Daily fournal April 7, 1925. '-^ Ibid 92 COOMRS:). p. ADLER .AND THE MOVIES

reach of some people. Many theaters went thousands of patriotic souvenirs, and out of business during the war,* incliid- scheduled a steady stream of war-related ingj. P. Adler's rival, the Unique. Before programs: talks by war heroes and gov­ long, however, two local businessmen ernment officials; news films from the built a modern 500-seat theater, the Trio, front; government films encouraging on Marshfield's Central Avenue, giving enlistment and the purchase of Liberty J.P. his strongest competition yet. In the Bonds; and feature movies with such titles summer of 1918, they advertised the Trio as The Kaiser: Beat the Beast and Berlin or as "the coolest place in town," presum­ Bust. While displays of patriotism were ably because it had a cooling system while common among exhibitors, J.P. hoped the Adler did not. The new theater of­ bis efforts would reduce local antago­ fered the "best comedies" every Saturday nism toward residents, like himself, of and Sunday night and a selection of drama German descent. The Adler did turn a films equal in quality to the Adler's. To small profit during the war, but J.P. felt boost attendance at his own "House of that he had accomplished "very little . . . Quality," J.P. lowered ticket prices to five in the line of progress at the theater."'*-' and ten cents for most film shows, and offered free passes for "ladies nights" and other promotions." HE postwar economic boom of 1919- Most of Marshfield's residents at the T 1920 gave movie fans plenty of money time of World War I had close family ties to spend, and rising box-office profits to Germany, and men with German sur­ resulted in the construction of many new names were well represented among the theaters throughout the country.**" J.P.'s city's business and civic elite. A few weeks account book for the seven-month period after the outbreak of the war in August, from June 1, 1919, to January 4, 1920, 1914, they joined their non-German shows his participation in that prosperity. friends to organize a gigantic patriotic The Adler Opera House was busy nearly parade and rally; later they registered every night of the week and for weekend their sons for the draft and generously matinees as well. The theater showed as contributed to American war-relief ef­ many as nine different films, including at forts.-'** People who resented the German least one serial, during some weeks. Tour­ influence in Marshfield probably felt ing companies of Broadway shows or compelled to keep their feelings to vaudeville visited the theater at least once themselves. a month for runs of two or three nights. J.P. often spoke German in private During this seven-month period J.P. also family and business conversations, but his rented his theater for a variety of commu­ allegiance to America was unequivocal. nity events, including an Elks Club min­ Though he was too old to reenlist in strel show, a class play, a high school Marshfield's National Guard company, commencement ceremony, and a lecture where he had served in the reserves dur­ series. The number of people purchasing ing the early 1900's, he was among the tickets each week for theater attractions first tojoin the Marshfield Home Guards. averaged about 2,500, equivalent to more Meanwhile, at his theater, he gave free than one-third Marshfield's population.'" passes to all men in uniform, distributed J.P. occasionally showed a loss when he presented vaudeville shows, but his weeks ^''Hampton, Histcrry of American Film Industry, 92, 197- 198. •*' Marshfield Dcdly Neius, December 28, 1922, ^' Marshfield Herald,]\ine and July, 1918, passim. '" Hampton, History of AmerkanFUmIndustry, 204, ^ Marshfield News, April 26, May 10, June 7, September " The Wisconsin Blue Book (1920) reported Marsh­ 13,1917. field's population as 7,394. 93 WISCONSIN M.\(;AZINE OF HLSTORY WINTER, 1994-1995 with vaudeville or other types of stage dius extending from Oshkosh to St. Paul productions were usually twice as lucra­ and from Wausau to Madison."" tive as those with only movies. His The Adler Theater did a brisk business ledger also reveals that he spent 28 per during the postwar period, butJ.P.'s movie cent of his box office receipts on film revenues were relatively low. The rising rentals, 21 per cent on vaudeville "sala­ infitience of major studios severely re­ ries," and 22 per cent on his house pay­ stricted the ability of independent exhibi­ roll. He averaged ten employees a week, tors to bargain with film distributors.'"' including an organist, a projectionist, While studio-owned theater chains were doorman, ticket sellers, ticket takers, and given their choice of the most popular ushers. films, independent exhibitors were forced Until the end of the silent-film era in to block book and then compete with one 1927, theater owners considered them­ another for the most desirable movies. selves showmen first and film exhibitors As a result, in 1920, independent exhibi­ second. As theatrical entrepreneur tors belonging to various state trade Marcus Loew said, "We sell tickets to the­ associations formed the Motion Pictures aters, not films." Indeed, polls conducted Theater Owners of America (MPTO) to by the industry showed that patrons protest the coercive practices of major tended to select theaters to attend on the studios. At an annual meeting the fol­ basis of musical programming, courtesy lowing year, the MPTO and its more of staff, and seating comfort; the quality than 10,000 enrolled members demanded of film offerings was incidental.'''- Extrava­ that Paramount stop buying small-town gant decor, plush furnishings, and atten­ theaters. The company, already under tive, uniformed theater staff imbued the investigation by the Federal Trade Com­ movie-going experience with elegance. mission for its monopolistic practices, In keeping with the times, in the sum­ acquiesced."' mer of 1921 J.P. renovated the Opera Meanwhile, in an attempt to increase House stage and added a canopied en­ their bargaining leverage with studio dis­ trance, and changed his theater's name tributors, independent exhibitors in met­ to the Adler Theater. A serious fire within ropolitan areas began forming their own a month forced him to build an entirely theater chains.*" Theater attendance in­ new stage. The following year he invested creased 15 to 20 per cent each year dur­ $11,000 in a Barton theater organ, which ing the 1920's. By 1927 there were 18 a trade magazine called "an exceptional million theater seats in America, and 100 instrument that combines the tonal qual­ million people—close to the total U.S. ity ofa sympbonv orchestra with that ofa population—went to the movies every cathedral organ."''' That same year, a week. Theaters featuring opulent decor Motion Picture News survey of American were especially popular, and in cities of movie theaters revealed that half the re­ spondents used some type of organ for their film music, a quarter employed or­ chestras, and the other quarter used only " Koszarski, An Evening'sEntertcdmnent, 41; Marshfield pianos. But a local newspaper boasted Daily News, December 28, 1922. J. P. Adler eventually that the Adler Opera House had "the only acquired a total of eleven Barton organs for his theaters. '"' Hampton, Hisloiy of American Film Industry, 252-253. electrical OYg'dn [emphasis added] in a ra- "' Ibid, 261, 276-278; Suzanne Mary Donahue, Ameri­ can FilmDisliibulion: 'TlieChangingMadietphiee(Ann Arbor, 1985), 23. '' Douglas Ciomerv-, "U.S. Film Exhibition: The For­ '- Kos/.ai-ski, ,4;/ Evening's Entei'taininenl, 9, 30, 15, mation ofa Big Business" in Balio, American Film Industry, '•' McwingFicture World, .\pril 16, 1921. p. 772. 219.

94 'The iritericrr of the Adler 'Theater after extensive remodeling in 1921 and the addition ofa Barton Electric 'Theater (hgan (to the right of the stage) in 1922. every size the opening of a deluxe theater have assumed, for an up-and-doing town was an important community event.'** must have nothing but the best in enter­ tainment. That's what I'm going after— the best is none too good."^" Two years ERHAPS inspired by some ofthe large, later, J. P. outbid theater syndicates from P independent exhibitors, J. P. Adler Janesville, Beloit, Fond du Lac, Madison, set out in 1920 to acquire his own chain of Wausau, Beaver Dam, and Milwaukee to theaters. First he purchased the Trio, a buy the Lyric's rival, the Majestic The­ "fireproof, modern and up-to-date ater. Newspapers throughout the state photoplay-vaudeville theater" and bis reported the transaction and a local pa­ major competition in Marshfield.'" Then per called it "one of the biggest business be expanded his operations into other deals in Stevens Point in many years."'' communities. After buying the Lyric The­ J.P. typically marked his acquisitions ater in Stevens Point in 1923, J.P. told the and remodeling projects with elaborate local newspaper editor, "In locating here celebrations; bis reopening ofthe Majes­ I fully appreciate the responsibility that I tic Theater was just such an event. What

'" Halsey, Stuart and Co., "The .VIotion Pit lure Indtistiy '" .Stevens Point Daily fourncd, August 29, 1923. as a Basis for Bond Financing," in Balio, American Film '' Ibid., April 6, 1925; Wisconsin Rapids Daily 'Tribune, Industry, 208. April 7, 1925; Marshfield Daily New.s,Apn\ 7, 1925; Milwau­ "' Marshfield Cily Directoty, 1921. kee fourncd, April 8, 1925.

9: WISCONSIN VLAGAZINE OF HISIORY WINTER, 1994-1995

the papers termed "a profusion of plants its back into his business, J.P. was able to and cut flowers" adorned the stage and further expand his holdings from Stevens spilled over into the orchestra pit, and Point eastward to Waupaca, where he Mrs. Adler helped her two young daugh­ leased the Waupaca Theater in Decem­ ters, Anne and Elizabeth, distribute car­ ber, 1926."''* He purchased its competi­ nations to all the ladies. Prior to the tion, the Palace, the following March, evening's performance of the Beach- and "spared no expense in putting the Jones Company in Mad Honeymoon, J.P. Palace on a par with his other playhouses." gave a "short and happy talk" to assure his Those who attended its formal reopen­ audience they would find "only the best ing were greeted by "handsome decora­ in pictures and stage shows ... at the tions, heavy carpeting and [new] restroom Majestic."'- furniture."'"' OnceJ.P. controlled two the­ Later that year, the Marshfield impre­ aters in each of three central Wisconsin sario announced the opening of the Ma­ communities, he had sufficient leverage jestic Rose Land Dance Palace, housed in to bargain with film distributors. Since the top floor of his newest theater. Al­ some companies still required him to though most central Wisconsin commu­ block book, he simply showed first-run nities already had one or more dance feature movies at his best theaters and halls, J.P. explained to a local editor that less desirable films at his low-priced movie he saw a demand "for a dance ball with a houses.-"''' refined atmosphere, where respectability J.P.'s extensive and skillful use of ad­ comes first and commercialism second." vertising undoubtedly enhanced his suc­ He confessed that he planned to make cess as a movie exhibitor. Using ad copy money on the venture, but added that and "canned" film reviews prepared by "profit will come as a reward for whole­ studios and film exchanges, he bought some amusement and diversion or not at large amounts of newspaper space; and all." Rejecting the current trends toward when he bad local rivals, he always dis­ "jazz and flaming youth," J.P.—a lifelong played more and larger ads than his teetotaler—promised Stevens Point par­ competition. He also got a great deal of ents he would serve only "pure Plover free publicity from local newspapers when spring water" in his establishment—Plo­ they ran novelized versions of serials con­ ver being a small town just south of Point. currently showing at his theaters. For ex­ Despite his good intentions, J.P.'s "inter­ ample, ads for Universal Film Company's esting experiment," as he called it, ap­ The Trey OHearts (which asked, "Could a pears to have been short-lived. Neither of Woman Love her Father Enough to Kill his daughters remembers bearing any­ ber Sister?") appeared in the Marshfield thing about the Dance Palace after they Herald for several weeks in late 1914. Ac­ attended its opening, and its early demise companied by still photographs of scenes was not reported in the local press.'-' from the film, each installment consumed By the summer of 1926, Adler's small nearly half a page (of every eight-page collection of four theaters was earning issue) for ten consecutive weeks. The him an average net profit of almost $700 following year, one issue ofthe Marshfield a week, with the Majestic Theater alone paper contained a page and a half of copy accounting for $300. By plowing his prof­

''- Steuens Point Daily fournal, April 14, 1925. '•' Ibid., November 9, 1925. In an inteniew on July 27, '' Stevens Point Daily fournal, Decei-nbcr 24, 1926. 1993, Elizabeth Adler told the author that J.P. took her to ''^ Marshfield Daily Neios, March 2, 1927. the Dance Palace for its opening when she was six years * Interviews with Anne and Elizabeth Adler, June, old, but she heard notiiing about it after thai. 1991.

96 f. p. Adler standing at the right ofa Metro-Goldwyn-Mayer promotion in front ofthe Adler Theater. One of his daughters, probably Anne, sits on the front ofthe locomotive which publicizes the studio's annual production of fifty-two pictures. related to the Adler Theater: ads for a own billboards, J.P. gained a distinct ad­ new serial, the first installment of which vantage over his rivals who had to rent was printed in the paper, and several other space or use small displays. His poster ads on various pages to announce forth­ business was also profitable. It eventually coming events."'' Not surprisingly, local involved eighty large billboards in cen­ editors appreciated J.P.'s generous tral Wisconsin which promoted a variety advertising budget and often praised his of products and businesses; and for a progressive business attitudes in their time, J.P. used these business contacts to papers. sell advertising on "magic lantern" slides J.P. further promoted his theater at­ at his theaters.'*' tractions by expanding the number of large billboards owned by the Adler Poster Advertising Company, which his father HE introduction of sound technol­ had started in 1900 as an outgrowth of T ogy to films in the mid-1920's pro­ the bill posting done by Adler's advertis­ pelled the American movie industry to a ing brigade. Ordinarily, film exchanges new level of prosperity. Audiences re­ sold posters of varying sizes (from 27x41- sponded favorably to the first "talkies," inch single-sheet posters for theater lob­ and were wildly enthusiastic when Warner bies to twenty-four-sheet displays for bill­ boards) to theater owners. By owning his '" During his career, J.P. held interests in several businesses unrelated to the entertainment industry, in­ " Marshfiehl HerahlDecemher 19,1914, and Jantiary9, cluding an appliance store and a Chrysler dealership in 1915. Marshfield, and a Lincoln agency in Green Bay.

97 WI.SCONSIN MA(;.AZINE OF HISTORY WINFFR, 1994-1995

Brothers premiered 'Lhe Jazz Singer With ing and even take a lunch. The ush­ four sound segments in 1927."'" Other ers were so handsome and business movie companies converted to sound so like with their flash litcs, and we quickly that by the fall of 1930 Holly­ would have to be vei7 t)rderly, proper wood was producing talkies exclusively. and quiet. ... After the magic, it was Within a year, most theater owners had always a let down to come oul and invested the several thousand dollars re­ face 'real life' again.''' quired to equip their theaters with sound equipment. HE novelty of sound films blunted While the amount of money required T the early effects of the Great De­ to accommodate for sound films was siz­ pression, but movie attendance finally able, most exhibitors recognized the po­ plummeted in 1932-1933 despite slashed tential that sound offered for greatly in­ admission prices."'- Patrons who had pre­ creasing their revenues. Those who were viously gone to the mo\'ies once or twice cautious, however, and perhaps owned a week now stayed home instead to listen small, marginalh' profitable theaters, to their radios, which by the 1930's were waited to see what would happen with an almost universal fixture in American sound films or postponed investing in households.''' In an effort to attract cus­ the new equipment until they bad no tomers, theater owners gave away glass­ choice.''" In his usual business style, J. P. ware, dishes, and other premiums. But Adler moved swifth' to acquire the new then, the Motion Picture Distributors of technology. He was ready to show The Jazz America, representing the major studios Singer in Marshfield shortly after it was and their movie chains, convinced the released. National Recovery Administration to pro­ hibit such premiums. In fact, the NRA's While remodeling the Trio for sound 1933 Code of "Fair (x)mpetiiion" sus­ films, J.P. renamed it the Relda (three pended all antitrust regulations in order contest winners suggested the name, to aid the economic reco\ery ofthe major which is Adler spelled backwards), ancl studios. Two years later, when the United erected a new marquee of his own design. States Supreme Court ruled the NRA and One Marshfield resident who attended its monopolistic practices unconstitu­ the grand opening of the Relda later tional, theater owners resumed their pro­ recalled the glories ofJ.P.'s newest movie motional giveaways."' Despite enlice- palace: ments, many theaters were forced to close I remember the glamour and ex­ during the Depression; some chains sold citement. ... My sister had won a their holdings to local managers.''"' tricycle for me and we had to go on J. P. Adler met adversity with bis usual stage ... to claim it. E\'en going down creativity and enthusiasm. He brought the padded steps to the restroom was a thrill 1 There was an elegant air about it all; you just had to be there! '"' Leller postmarked June 11, 1990, Irom I.yrictte Later on, we girls lived [at the Barrett lo Elizabeth .Vdler, in tiie Adler family files. Relda.] Saturday mornings were the ''-' Balio, American EUm Industiy, 25,5-256. serials and you got in with a button. "-'' Hai-npton, Ilistoty of .\iiwrican Film Induslty, 412. On Sundays, we'd be there for open- "' Dtjuglas (iomen', "HolKivood, the National Recov- ervAdininislration, and the Question of MonopoK-Power," in Kindem, American AlovieIndustiy, 212; Donahue, Ameri­ '"'' Douglas Ckjmer\-, "The Coming of Sound: Techno­ can EilmDistribution, 25; Balio, American I'llm Industry, 258. logical Change in the American Film Indusu-\," in Balio, "'' Comciy, "Hollywood," in Kindem, .American Miwie American Film Indu.stiy, 22^)-242, Industiy, 22(i-227; Han-ipton, Hisloty of Ainerican I'ilin '" Hampton, Hislmy of Amencan I'ilm liuliistty, 4()(), Induslty, 412,

98 A doorman, ushers, ticket takers, and food concession workers in uniform standing in front of an Adler theater, about 1930.

Stars to town for movie openings, gave demands for censorship throughout the away dishes, raffled bicycles, and showed country. Various groups had tried to cen­ double features. He also ran "bank nights" sor movies before; the first of many local when each ticket buyer received an ordinances, passed in Chicago in 1907, envelope containing some money— authorized city police to review and ap­ perhaps only a few cents, but sometimes prove the content of films prior to public as much as a dollar or two. And at least viewing. This form of censorship was not once a week, he offered three admissions universally decried; in fact, many exhibi­ for the price of two in his "Pal #3 for tors appreciated such laws because by Free" promotion. He somehow managed showing only officially sanctioned films to keep all his theaters open, and be they could avoid public outrage and pos­ stubbornly continued to run scheduled sible harassment. The studios and film films so long as the house contained even distributors objected, however, because a single customer. the standards of local censorship boards For their part, Hollywood producers varied widely from one locale to another, tried to lure audiences back into theaters severely restricting the content of films with films having more sexual themes: made for national distribution. But when adultery, prostittttion, illegitimacy, and the film industry challenged the consti­ so on. Their efforts soon provoked angry tutionality of film censorship in 1915, the

99 WLSC-.ONSIN M.U;.AZINE OF HISTORY WINFER, 1994-1995

U.S. Supreme Court ruled that movies continued to produce movies containing were a profitable business and therefore "morally objectionable" material.'' were subject to censorship.''" Many exhibitors refused to show films lacking Legion of Decency approval, es­ pecially when local priests encouraged URING the postwar boom of the their parishioners to boycott theaters."^ D 1920's, many groups blamed what J.P. had experienced this pressure in the they viewed as America's deteriorating 1920's when his own parish priest de­ morality on salacious films and the nounced him from the pulpit for show­ scandals surrounding the not-so-private ing films starring Rudolph Valentino. lives of movie stars.'" Caught in a surge Incited by the priest's remarks, the con­ of moral indignation, legislatures in gregation uttered so many threats against more than thirty states debated film- the Adler family that J.P. felt compelled censorship bills."*' In response, film to escort his daughters to and from school industry leaders formed the Motion Pic­ until passions cooled.'-' When J.P. and his ture Producers and Distributors of fellow exhibitors encountered another America (MPPDA) in 1922 and hired Will wave of censorship ten years later, they Hays—President Warren G. Harding's were understandably anxious to avoid campaign manager and postmaster gen­ further conflict. eral—to administer a voluntary code of Confronted by the Legion's growing film production that would satisfy the strength and by the refusal of most ex­ censors. For the most part, studios com­ hibitors to show "objectionable" films, plied with the Havs Office restrictions the MPPDA formed the Producdon Code until theater attendance fell during the Administration (PCA) in 1934 to control Depression; then, producers once again every aspect of film production, from began to infuse their screenplays with purchasing scripts to promoting finished suggestive material.''-' films. Thereafter, the MPPDA required After 1933, when the MPPDA produc­ producers to obtain the PCA stamp of tion code lost its ability to control movie approval before exhibiting their films, or producers though voluntary cooperation, face fines of up to 325,OOO'; The MPPDA's the Catholic church formed the Legion regulations, which came to be known of Decency. Eventually, more than 11 simply as "the Production Code," for­ million church members pledged them­ bade movie content that showed sympa­ selves to boycott films condemned by the thy for crime or sin, used vulgarity, ridi­ Legion.'" Though the Catholic church culed religion, or made any reference led this charge, it was by no means alone whatsoever to sexual activity. During this in bringing pressure to bear on Holly­ period, filmmakers were permitted to wood; some Protestant andjewish groups show a bedroom scene only if the actor were also involved. The Federated Coun­ and actress portrayed a married couple, cil of Churches, for example, threatened kept themselves fully attired in sleepwear, to instigate federal legislation if studios and occupied separate beds.'*

'•'' Boslc\- Crowther, Movies and Censcnship, Public Af­ '' Gerald C. Gardner, The (Censorship Papers: Movie fairs Pamphlet No. 332 (NewYork, 1962), 9-10. C^enscrship Inters from the Hays Office, 1934-1968 (New '" Hampton, History of American Film Industry, 281-288. York, 1987), x\iii-xix. '" Crowther, Movies and Censorship, 10; Balio, Ameriean '- C^rowther, Movies and Censorship, 12-14. Inlm Industry, 125. '•' Inien-iew witii Anne and Elizabeth Adler, June, '*' Hampton, History ofAmeriran Film Industry, 297-303; 1991. Balio, Amencan Film Industry, 268. '' Rutii .A. Inglis, "Self Regulation in Operation" in '" Balio, American Film Industry, 269. Balio, American Film Industry, 380-383.

100 f. p. Adler purchased the Palace 'I heater in Waupaca in 1927, ayear after he leased 'Fhe Waupaca, the cily's only other theater. He quickly outfitted the Palace with plush carpeting, handsome decorations, and new restroom furniture.

The Production Code protected ex­ permitted studios to engage in what was hibitors from censors, but the MPPDA called "clearance and zoning," practices continued its discriminatory business prac­ that guaranteed studio-owned theaters tices against independent exhibitors. Fa­ exclusive rights to new releases before vorable treatment of studio-owned the­ distribution to independent exhibitors in aters was legalized when Congress sus­ the same market. Studio distributors pended antitrust regulations with the could also force small theater exhibitors National Industrial Recovery Act of 1933. to present their films on designated dates, In effect, the code of fair competition and to charge higher ticket prices than guaranteed high profits for theater cir­ exhibitors deemed appropriate for their cuits belonging to the major sttidio.s— customers. The independents who refused Warner Bros., Loew's, Paramount, RKO, to block book, or who underpriced tick­ Twentieth Century-Fox, Universal, (kv ets to attract more customers, faced the lumbia, and United Artists—to the detri­ possibility of distributor boycott. The ment of independent exhibitors.'"' studios' monopolistic practices continued According to provisions in the NRA unabated even after the Supreme (]ourt code, major studios could force block ruled the National Industrial Recovery booking upon the independents, while Act unconstitutional in 1935.'" they allowed studio-owned theaters to contract selectively for desirable films. It •'' Ibid, 258-260; Simon N. Whitney, "Antitrust Policies and the Motion Picture Industry," in Kindem, '•' Balio, Ameiican Film Industiy, 25.3-254. American Movie Industry, 166-167.

101 WISCONSIN M.AC;.AZINE OF HISFORY WINFER, 1994-1995

HE economic effects of the Depres­ Designed by Minneapolis theater ar­ T sion and pressure from the Legion chitect Perry E. Crosier, the New Adler of Decency adversely affected J.P.'s prof­ Theater presented a facade of polished its, but studio discrimination against in­ granite and black vitrolite glass, with a dependent exhibitors backed him into a large canopy and an electric sign tower corner. In one particular "squeeze play," that emitted 18,000 watts of light from an Fox Film Corporation refused to rent its assortment of colored bulbs and neon first-run films to J.P.'s theaters until he tubes. Upon entering the lobby, patrons sold Fox his finest theater, the Majestic in were greeted with colored "terazzo Stevens Point.'' marble" floors and vitrolite glass wain­ Despite such setbacks and generally scoting that shimmered from indirect hard times, however, J.P. remained sol­ light. Beyond, a softly lit foyer was com­ vent and determined to continue the fortably appointed with lush carpets and expansion of his theater business. A credit "modernistic" furniture. At the far end of report issued in November, 1934, by the the foyer and down a few steps, a large Retail Credit (Company of Marshfield public lounge contained additional seat­ listed his net worth at $100,000. At that ing and a pool with a fountain that re­ time he was the sole owner of five (rather flected multicolored lights. To the right than his [previous six) theaters, which and left of the far lounge, doors led to a together grossed more than 368,000 in men's smoking room and a ladies' "pow­ 1933. The company's net loss of almost der-puff room replete with "dainty dress­ $4,000 that year was "not regarded as ing tables and mirrors.""' serious because the owner himself shows This lavish decor continued into the a net profit of a little mtjre than ten 800-seat auditorium, where electronically thousand dollars." The report concluded controlled silk curtains and velvet drapes that J. P. Adler was "highly regarded as graced a large stage. Some of the seats very conservative and able, and honest, facing the grand stage were a source of reliable, and ethical in his business and great pride to J.P., for the New Adler was personal dealings.""'' With that glowing the first theater in the Midwest to provide recommendation, J.P. had little difficulty double-wide chairs without arm rests to borrowing money to further expand his separate paired occupants. These over­ theater chain; he bought two theaters in sized seats were popular with "love-birds" Neillsville, another two in Antigo, and a as well as with "patrons who scale 250 theater and two hotels in Merrill.'" Dur­ pounds and up" because they could ing this same period he began to acquire "breathe and stretch in unrestrained com­ interests in what eventually amounted to fort." The theater also boasted automati­ a dozen Milwaukee theaters, including cally controlled air-conditioning, a high- the Roosevelt, the Colonial, and the fidelity sound system, and state-of-the-art Avalon.''"' Then, in 1937, he built a new film projectors with higti-intensity theater, the grandest in his chain, at 333 lamps.'''- S. Central Avenue in Marshfield. J.P. celebrated the opening of his New Adler Theater on September 25, his fifti­ eth birthday. As was bis custom, J.P. laid "' Inteniew ^\^til /Vnne and Elizabelh ,\dlei-, July 27, on a gala event for all of Marshfield. He 1993. treated his special guests to a formal din- ""^ Report in tiie .\dlcr tamih files. '•' .Acquisition of diese properties is \ erified by photo graphs and other materials in tiie .\dler family files, •'*' Marshfield News HeraM, May 15, 1937. "" Telephone inteniew with Elizabeth Adler, January, ^- Ibid; see also program booklet for tiie New Adler's 1993, gi-and opening.

102 /. p. Adler acquired the Badger Hotel and Theater in Merrill about 1939.

ner party prior to curtain time; then, as J.P.'s growing theater circuit and his patrons entered the lobby, his daughters affiliation with theater owners in Milwau­ distributed roses to the ladies and cigars kee earned him considerable respect to the gentlemen. J.P.'s welcoming speech among his peers. He served several terms was followed by several stage presenta­ as president ofthe Wisconsin and Upper tions and the feature movie: The Big City, Michigan (Chapter of the Independent starring Luise Rainer and Spencer "Tracy. Theater Owners Association of America, These and other MGM stars, including and for five years as a national director.*'* Lionel Barrymore,Joan Crawford, Wallace He frequently traveled to Washington Beery, Eleanor Powell, and Clark Gable, during the 1930's and 1940's on behalf of sent congratulatory telegrams to mark these organizations to testify before the the occasion.*'^ After the opening festivi­ Federal Trade (Commission and the Ju.s- ties, programs changed every Sunday, dce Department, both of which were un­ Wednesday, and Friday, with special mati­ der intense pressure from independent nees on Wednesday and Saturday and exhibitors and consumer groups to re­ continuous shows on Sundays and holi­ strict the monopolistic practices of the days. And all the beauty and magic ofthe major studios. It was not until 1952, how­ NewAdler remained relatively affordable: ever, that the Supreme Court finally tickets for regular performances cost from forced the studios to "divorce" their pro­ twenty-five to thirty-five cents. duction, distribution, and exhibition busi-

-'" Hislcny of the Marshfield Rotary, printed by the org-ani- zation for distribution to inembership, 1961, in Adler "*•' Materials in Adler familv files. fainilv files.

103 WISCONSIN MACJAZINF OF HISTORY WINTER, 1994-1995 ness interests so that independent film The glory days of the movie industry producers and exhibitors could have an during World War II were short-lived, equal opportunity in the marketplace.*''' despite a postwar boom in other sectors of the economy. Movie attendance de­ clined as the production of consumer ONG before the independent exhibi- goods resumed and people found other Li tors won their legal battles with the ways to spend their leisure time and their major studios, America entered World money. Servicemen returned home to War II, and the prosperity of wartime marry, start families, and complete their mobilization and a revived economy filled educations. New families bought homes, movie theaters once again. Record-break­ cars, and appliances, and began moving ing audiences in need of diversion went to the suburbs where they devoted their to see everything that movie makers leisure time to their lawns, gardens, and turned out. Lines formed early for every children.*"' At first, television had little to show, including the hundreds of propa­ do with the postwar decline at the box ganda films made for and by the Office of office, but its growing popularity after 'War Information (OWT) in cooperation 1946 significantly reduced weekly movie with the War Activities Committee of the attendance—from 82 million (59 per cent Modon Picture Industry (WAC). Most of ofthe population) in 1946 to 46 million the government movies were hurriedly (27 per cent) in 1955. Once families had made and not particularly impressive; but cheap, convenient entertainment from some deserved, and earned, a measure of television, they were reluctant to pay high critical acclaim: for example. The Battle of prices for movie tickets. Hollywood re­ Midxvay, filmed and directed on-site by sponded with more expensive movies fea­ Commanderjobn Ford; the Signal Corps' turing Technicolor, ever-wider screens, At the Front, supervised by Lt. Colonel stereophonic sound, .3-D imaging, even Darryl F. Zanuck; and To the Shores oflwo smells. But not even a three-dimensional Jirna, with footage shot by cameramen of Bwana Devil ("A Lion in Your Lap, A Lover the U.S. Naxw, the Marine Corps, and the in Your Arms") did much to enhance the Coast Guard. These wartime films were position of movie exhibitors, whose prof­ made at government expense and, its fell from $325 million in 1946 to a through an agreement between the OWI deficit of $12 million in 1955.*'" In order and WAC, distributed free of charge to to present spectacular new films, exhibi­ some 16,000 theaters nationwide.*"' More tors had to invest in new equipment, book than 200 film personalities went on na­ for long runs, and pay high rental fees. tional tours to promote Treasury Depart­ When they changed their programs less ment bonds, and many of them visited frequently, customers tended to lose Adler's theaters in the midwestern heart­ their "movie habit." As many times as land. By the end of the war, when movie movie patrons might want to visit Okla­ attendance reached 90 million a week, homa! with Gordon McRae, or travel one trade publication enthusiastically Around the World in 80 Days with David reported that "every night is Saturday Niven, a small city like Marshfield simply night" al the movies.*'' lacked the population base to sustain a run long enough to recoup the expenses attending wide-screen installation. '*' lnteiAie\v with Anne and Elizabeth Adler, June, 1991; VVhiuiey, "Antitmsi Policies," 172-173. •'"' Bosle\-Crowther, "Tlie Movies," in 'TlieMm/ies in Our Midst: Documents in tlie Cultural History of Film in America, ed. by Gerald Mast (Chicago, 1982), 461-165. "" Ihid., mi. "' Balio, Ameiican Film lndiislr\; 281. "•' "Wliitnev, "Antimtst Policies," 186-189,

104 'The Adler family attending a movie exhibitors' convention in 1939 in a picture taken for the Motion Picture Flcrald, Daughters Elizabeth and Anne are to the left and right of Rosa and f.P.

Still, J. P. Adler remained optimistic outdoor movie theater just south of afterWorld War II, apparently determined Marshfield to make movie-going more to spend whatever was necessary to lure convenient and affordable to couples with patrons back into his theaters. Although young children, and ofcotirse to teenag­ rising construction costs and declining ers, who quickly discovered the delights attendance discouraged most exhibitors of "the passion pit." According to one of from building new theaters during the his employees, J.P. "often visited the postwar period,"" J.P. built the Chalet drive-in late in the evening, but he never Theater in Monroe sometime in the seemed very enthusiastic [about it]; he 1940's and the Rosa Theater (dedicated was really an indoor showman.""' During to "his good wife Rosamond") in Waupaca the postwar decade, American exhibitors in 1948. He also redecorated many of his built more than 3,000 outdoor theaters. other theaters while equipping them with Income from theater food concessions wide screens, new projectors, and stereo increased almost sevenfold, and before sound systems. long the profits from popcorn and soda When box-office profits began to fall outstripped ticket revenues. Like many in the late 1940's, J.P. expanded his other independent exhibitors, J. P. Adler concession stands to take advantage of found that profits from his outdoor the snacking habits developed by televi­ sion viewers. In 1952, he built the "10-13" '" Letter to Elizabeth Adler, March 19, 1991, fi-oni Wisconsin State Representative Donald Hasenohri, who •"' Michael Cxjnant, Antitrmt in llie Motion Picture Indus­ worked as a part-tiine projectionist for J.P. during the tiy: Economic cmdl£gcdAnalyses (Berkeley, 1960), 147-148. 19.50's.

105 WISCONSIN M.AC-.AZINF OF HISFORY WINIKR, 1994-1995 theater and its food concessions barely In another case that year, involving covered losses from his indoor facilities."'- Roberto Rossellini's film 'Lhe Miracle, the In 1951,J.P. attended a NewYork City Supreme (x)url extended First Amend­ meeting of the Motion Picture Associa­ ment rights to motion pictures, thereby tion of America where discussions fo­ greatly weakening the power of the Pro­ cused on declining box-office revenues. duction Code Administration to control He returned from that meeting with a film content."''The viewing public thereby film "trailer" made by Movietime USA, a gained access to a wide variety of films public relations project sponsored by the that portrayed beba\ior previously for­ Council of Motion Picture Organizations, bidden on the screen—for example, adul­ of which the MPPA was a member. In ibis tery in 'Lhe Moon Is Blue (1953) and illegal short film, J.P.—who was clearly uncom­ drug use in 'Lhe Man with the Golden Arm fortable in front of the camera—prom­ (1955). But despite the new freedoms ised his central Wisconsin theater pa­ accorded film production, box-office rev­ trons that he would bring Hollywood's enues continued to fall. Tickets were ex­ finest bits to them during the coming pensive and teenagers, who comprised a months."'^ But nothing Hollywood pro­ major segment ofthe moviegoing public, duced could compete with the low cost, were restrained by their parents and clergy convenience, and variety of television from attending "morally objectionable" programming. The statistics forecast a films."" stark future for the movies: in 1946 the average American bousehc^ld spent over $47 on movies; six years later the same N 1953 J. P. Adler observed his b)rty- family was spending less than 328."' I fiflh year' in show business with a "gala In the midst of declining movie atten­ week of entertainment" at all his the­ dance, two U.S. Supreme Camrt decisions aters. In a commemorative program for in 1952 adversely affected movie ticket that event, he anntnmced, "'We are doing prices and exhibitor profits. An antitrust our utmost to ecjiiip otir theaters al the ruling—the last of several against Para­ earliest possible dale for Cinemascope, mount—finally broke the major studios' which will make possible the presenta­ control over film distribution and exhibi­ tion of... mammoth productions includ­ tion. The victory proved a hollow one ing The Robe, How lo Marry a Millionaire for most independent exhibitors, how­ and A Star is Born.'" DespileJ.P.'s apparent ever, for while they nominally gained bel­ enthusiasm, his iheater account boctks ter access to first-run films, the output from this period paint a dismal financial of studios declined and higher rental picture. The Badger Theater in Merrill, fees in a strongly competitive market in­ for example, showed a net profit of less creased box-office prices even further.""' than $3,000 for the twelve months pre­ ceding April 1, 1955, and a loss of more than ,$5,000 fxir the following year. J.P.'s •'- Conant, Antitrmt, 147-148. 1955 accounts wilh 2()lh Century Fox show -'•'Anihonv Slide, llie Ameiican Film Industry: A Histori­ consistent losses from almost every film cal Dictionary (NewYork, 1986), 74-75, 226; Mmiietime trailer in Adler family files. '" Douglas Ayer, Ro\ E. Bales, and Peter J. Herman, "Self Censorship in the Movie Indusuy-: A Historical Pei-spective on law and Social C^hange," in Kindem, American Movie Industry, 220. •"• Bui-styn v, Wilson, 343 U.S, 495, .501-502 (1952); •'• U.S. V. Paramount Pictures, Inc., 334, U.S. 131, 148 Richard S. Randall, "(^ensoiship: From 'TheMiracleU) Deef) (1948); WTiimev-, "Antiuaist Policies," 202; Conant, .Anti- 'Throaty in Balio, .•\mericcoi lilm liubisliy, 510. triLst, 148-152, "' Ayer et cd., ".SelM ;en.soi-ship," 228-229,

106 Moviegoers flocking to the Relda Theater in Marshfield during the golden days ofthe industry in the 1940's when audiences attended movies several times a week to see almost anything dial Ilollyruood produced. exhibited by his chain td" theaters."" J.P. began on bis seventieth birthday. (In­ redecorated Marshfield's Relda Theater deed, had he counted the ten years he in 1955, but he stopped showing movies worked for his father at the Adler Opera at the old Adler Opera House and re­ House before becoming its manager, be turned it to a meeting hall for "gather­ would have marked his sixtieth anniver­ ings of various types.""" sary in show business the previous year.) By 1958, J.P. had converted the Relda The New Adler Theater, by then "Down­ to a retail store and sold off all his central town Marshfield's only theater," featured Wisconsin theaters, save for the Adler "stellar entertainment" every evening and the 10-13 drive-in in Marshfield, the for a week. Congratulatory telegrams ar­ Rosa in Waupaca, and the Adler in rived from Jayne Mansfield, Robert Neillsville. Despite these setbacks, he Wagner, Joanne Woodward, Paul marked his fiftieth anniversary in the busi­ Newman, Patricia Owens, Clifton Webb, ness with a series of special events which Joan Collins, and executives of both United Artists and 20th Century Fox. At an anniversary dinner, Wisconsin's attor­ '** Account books in the Adler family files. There were ney general. Steward G. Honeck of Madi­ three exceptions: 'The Glory Brigade (1953) and Beneath the son—a long-lime friend—reminded din­ i2Mzfe/fee/i( 1953) earned profits in two Adlertheaters;and ner guests thatJ.P. had consistently kept A Man Called Peter (1955), the only movie with a rental abreast with and sometimes anticipated agreement that allowed J. P. to retain 50 per cent of his box office receipts, earned profits at all his theaters. advances in the entertainment industry. "*' Marsh/ield News HeraM, August 20, 1955. "He has survived the lean years," Honeck

107 WISCONSIN MA(;AZINE OF HISTORY WINTER, 1994-1995 said, "when seemingly sturdier showmen Herald paid tribute to J. P. Adler's resil fell by the wayside."'"" J.P.'s response to ience and hardihood in show business: the laudatory remarks at his anniversary banquet were not recorded, but in a news­ One need not have lived fifty years paper advertisement a few days later, to realize that no half century in speaking for himself, his family, and his human history has been marked by staff, he announced: "It's been a short, such rapid change as has been ex­ happy fifty years! ... We're proud of the perienced by this country during part we've played in bringing fun, music, the past five decades. In the field of laughter and drama to so many of our business this rapid change has of­ friends and neighbors. ... We have you ten been a challenge to survival, the public to thank for our successful and only those capable of adapting years."'"' to change have survived.'"* The Marshfield Neius Herald devoted con­ siderable attention to J.P.'s anniversary. Articles appeared throughout the week INE months later, J.P. was fatally detailing his personal history, his business N stricken while playing golf with career, and his years of community ser­ friends at the Marshfield Country Club. vice.'"'- J.P. had clearly dedicated a con­ In a way it was ironic that he should die siderable amount of his time and energy while at play rather than at the office, for to community affairs. He served with throughout his seventy-one years he had Marshfield's volunteer fire department devoted scant time indeed to recreation. for fourteen years and on the local draft Instead, his ambition had driven him to board for three years during World War II. work hard, to do his best, to succeed. He was the youngest person ever elected to Despite the meagerness of his formal the Marshfield common council. In addi­ education, he bad used his innate com­ tion to joining service clubs in every' com­ mon sense and a meticulous concern for munity where he had business interests,J.P. details to build, buy, or refurbish twelve was a director of Marsh-field's Industrial theaters in central Wisconsin, and to ac­ Foundadon and of its Commercial Club, quire shares in a dozen others in Milwau­ Chamber of Commerce, and Citizens Na­ kee. His peers in and out of the movie tional Bank. He was president of the industry came tc^ respect him as a decent, Marshfield public schoolboard for two terms honest person and as a progressive, highly and president and district governor of Ro- successful businessman. taiy International. A lifelong parishioner of J. P. Adler's theaters, with their plush St. John the Baptist parish in Marshfield, he seats, thick carpeting, luxurious stages, was also a member ofthe Catholic Knights, artful lighting, and "nothing but the best Catholic Order of Foresters, and Knights of in entertainment" made him a wealthy Columbus.'"-' man. His movie houses also gave two generations of Wisconsinites countless During a week of celebration, the edi­ hours of entertainment by transporting tor and publisher of the Marsfifield News them, if only temporarily, to the magical land of Hollywood and beyond. As a de­ '"" Fiftieth anniversan celebration materials in Adler manding but considerate employer, he fainih files. gave hundreds of teenagers their first "" Adler's Fiftictii .\nni\ci-saiy Supplemenl, Marshfield jobs when he hired them to sell tickets News Herald, September 26, 1958. '"- Marshfield News HeraM, September 26 and 28, Oclo ber land 2, 19.58. '"' Ibid., September 26,1958; and a t-vpe\\Titten report from the .Marshfield Rotiin in the .A.dler famih- file. Marshfield Neivs HeraM, October, 1958.

108 COO.VIRS: j. p. ADLER AND -FHE MOMES and concessions or to act as doormen, cline. Eventually the industry would re­ ticket takers, and ushers. Some of these cover from its slump by diversifying into employees reinained with him for many television production, by expanding con­ years, becoming managers of .Vdler the­ cession sales, by building "multiplex" the­ aters or following bis example and ac­ aters, and by capturing a new audience quiring theaters of their own. with videocassettes. A century after their And yet, by the end of his career, J. P. invention, "the movies" remain a major Adler had lost his optimism. With good industry as well as a popular source of reason, he worried that his remaining entertaininent. Americans continue to movie theaters would fail and, in the believe in something called Hollywood. process, consume his estate. The world But by the time ofJ.P.'s death, the golden had changed rapidly after World War II, age of movies had come and gone, and he and by the 1950's the movie industry was bad seen it all. In the words of bis daugh­ in a period of seemingly irreversible de­ ter Anne, "He had come the full circle."

'Taking doxim the Relda 'Theater sign in 1958, two years after il closed as a movie house because of declining ticket scdes. 'Tlie building xvas converted to a relcul store.

109 Married Women's Property Rights in Wisconsin, 1846-1872

By Catherine B. Cleary

By marriage, the husband and wife are one person in law; that is, the very existence of the woman is suspended during mar­ riage, or al least is incorporated and consolidated into that of the husband. ... WlI.l.IA.VI Bl.ACKSTONE Commentaries on the Laws of England^

Marriage is the sVdvery of woman. Marriage does not differ, in any of its essential features, from chattel slavery. The slave's earnings belong to the master, the earnings ofthe wife belong to the husband. The right of another to claim one's earnings, constitutes one a slave. FRA\C;IS BARRY The Lily (1855)'-^

HE common law, as set forth by the Revolution, in the United States and the T great English jurist William Northwest Territory. Blackstone (1723-1780), gave the hus­ Beginning about 1835, various states band control of his wife's personal prop­ began to pass laws recognizing a married erty, tangible and intangible (including woman's right to her own separate prop­ her earnings), and gave him the right to erty which she owned at the lime of mar­ manage her real estate and receive the riage or which was given to her thereafter rents and profits for the duration of the for her own use.'' In some states, such marriage or, if a living child was born of provisions were proposed for state consti­ the marriage, for his life. As a result, tutions. Wisconsin's activities in this area creditors of a husband could reach the were partof a national trend, but Wiscon­ wife's assets to satisfy their claims. En­ sin laws—and the debates on them—tell glish common law became law in the us about the legal and social status of American colonies and, fc^llowing the women in lhe Territory and in the early days of statehood. They also tell us about how little Wisconsin women were involved ' Commenlaiies (1765), Book 1, (^h. XV, 4. This section deals with tiie person, but the same concept is repeated in Book 11 on property, Ch. XXIX, VT - flieLily.Juiy 15,1855 (Vol.Ml,No. 14, 108).Quoted ' For a discussion of this legislation, see Kay Ellen in .\nn Ru.sso and Cheris Ki"amarac, eds., 'Flie Radical rhurman, "The Married Women's Property Acts" Women's Press of llie 1850s (NewYork, 1991), 74-75. (master's thesis, L'nivci-sitv of Wisconsin, 1966).

Cop\Tighl © 199,5 b)' the St;de I listorioil Society ofW i^ 110 All rights of reproduction in anv fomi rcser\'eci. at that time in political activity affecting although they were beginning to work in them and their rights. the causes of antislavery and temperance. These early laws were not designed to enhance married women's rights but rather to provide relief from the com­ ROM the fourteenth century on. mon law which permitted a husband's F Courts of Chancery in England creditors to reach bis wife's property to granted relief from what were regarded satisfy his debts. The legislative and con­ as inequities in common law. These stitutional battles were fought by men courts, also known as Courts of Equity, with varying personal and economic in­ early assumed jurisdiction over trusts. terests—by lawyers seeking to protect Trusts, along with premarital contracts, creditors' rights and prevent fraud, by were the first vehicles used to give women fathers seeking to protect their daugh­ control of their separate property. Over ters' inheritances, by husbands perhaps lime, equity recognized a married ambivalent as to the impact ofthe legisla­ woman's right to separate property which tion on their credit and their families' she could control. Each American colony, security but fearful of its impact on their and later each American state, made its patriarchal status. Only a few men spoke own decision on whether to establish sepa­ in terms of justice, and women were not rate courts of equity and to what extent it yet ready to speak in their own behalf. would accept equitable doctrines. A noted

111 WISCONSIN .\IA(;AZ1NF OF HISIORY WINFFR, 1994-1995

legal scholar has said that legislation in ten years after the issue was first raised in the period between the American Revo­ NewYork.^ Thomas Hertell, a member of lution and the Civil War was focused on the NewYork legislature, had raised the reshaping the common law "to the pat­ issue in 1836, and the following year in­ terns laid out by equity," and be cited as troduced a bill which Sarah Hale endorsed an example Married Women's Acts.' in Godey 's Lady Book, declaring that com­ Wisconsin has never bad separate mon law "degrades the woman to the courts of equity, but stale courts have had condition of the slave. ..."*' The only equitable jurisdiction. The first volume woman directly involved in promoting of decisions of the Wisconsin Supreme Hertell's bill was Ernestine Rose, a Polish Court contains a case, decided in 1843 immigrant who "after a good deal of when Wisconsin was still a territory, rec­ trouble" gathered signatures of five ognizing that while a husband and wife, women on a petition backing the bill." being one, cannot make a contract with When Hertell retired from the legisla­ each other for the wife's separate mainte­ ture after reintroducing his bill in 1840, nance although they are living apart, eq­ legislative leadership passed to John L. uity will enforce such a contract made O'Sullivan, a NewYork City assemblyman through a Irtislee.' and the editor of the United States Maga­ At the risk of pointing oul the obvious, zine and Democratic Review. This magazine it should be noted that all women did not in an article in its 1839 issue had argued suffer under a legal disability' in the own­ in favor of "an improvement of the legal ership of propert}'. Unmarried women— status of wives," and in time it became widowed, divorced, or never married— an infiuential voice in Wisconsin on this had the same property' rights as men. subject. Early European travelers in America Mississippi passed one ofthe first mar­ reached "the puzzled conclusion that ried woman's property acts in 1839, prob- American society' tolerates considerable freedom for American women before marriage, a freedom consistent with im­ ' This article deals witii inanied \von-ien's propertv proved status and European radical views rights in the limited sense in whic h the\ wvvv atidressed about women's position, but that this b\- the Wisc-onsin legislature in the chapter of tiie stitlutes freedom \anished once women entered entitled "Of the Rights of .Married Women," omitting tiie the married state."'' two .sections on life insurai-ice. This chapter first appeared in Wisccmsin Revised StatuU's 1858'is, (chapter 95 and last The question of married women's appeared in Wis. Stat. 1983-84 as Chapter 766. Otiicr property rights first arose in Wisconsin in cliapters ofthe statutes dealing with wills, di\oi-cc, descent the constitutional convention of 1846, of intestate propert), do\\ei-, homestead exemptions, etc., ob\iously affett women's propert-\' rights and tiicir finan­ cial secuiiu. For a discussion of some of these other issues, ' Roscoe Pound, 'The Eormativr Era if .tmericaii Law albeit fiom the point of \iew ofan earlier time, see John (Xe\^ York, 19.50) 42-43. B. V\inslow, 'The PropcrR Rights of Married 'Women '• Rokttev. Rolette and another, 1 Pinne\ 370 (1843).The Under Modern l.aws," in tiie Marcjuette Law Review, 1 \alidin' of a contract for separate maintenance, even (191(i-1917), 17-19 and .5:^64; and Claude D. Stout, though made long after the couple sejiarated, was a 'The Eegal Status of Women in Wisconsin," ilnd., 14:2 diliicult issue for a court of eqiiitv, since public policv \v;is (Febman', 1930), 66-80; 14:3 (.4pril 19.30), 121-169; 14:4 to maintain the in\iolabilit\- of tiie maniage. See Hendiik (June, 19.30), 199-211, Hartog, "Marital Exits and Ntaiital ExpectiUions in Nine­ " Issue of May, 1837, pp. 212-214, quoted in Norma teenth Ccntuiv America," in the Ceoigetirwn Law journcd Ba.sch, In the Eyes of the Laxv: Women, Marriage and Prfietiy in 80 (Ociobei, 1991), 9.5-129, 101. Nineteenth Century Neiv York (Ithaca, 1982), 120. 'Jill K.Conxva\-, 'TheEeiiiale Experience in Eighteerilli- and " Elizabeth CMy Stanton, Susan B. Anthon\-, and Nineteenth-Cenluiy A merica: .4 Guide to the Hisloiy of.A men/an .Matilda Joshii Gage, eds.. History cf Woman .Suffrage (re­ Wcnnen (NewYork, 1982) 45. referring to Frances Wiighl, print ed, Ne^vYork, 1969; original 1881), \ol. I (1848- Haniet Martineau, and .Mexis de Tocc|iie\ille. 1861), 99.

112 ably as a result of the Panic of 1837 and sion on the separate property of married the devastating foreclosures which fol­ women which affected what Wisconsin lowed.'" In 1845 the constitution that did the following year. And on October 5, Texas adopted as a part of its annexation 1846, as the Wisconsin constitutional by the United Slates contained a provi- convention convened in Madison, the NewYork convention, then considering a '" Historians generally cite the Mississippi law as new constitution for the state of New the first, but this may be partly a question of defini­ York, was debating a provision almost tion. See Richard H. Chused, "Married Women's identical to the Texas clause, though it Property Law: 1800-1850," in the Georgetown Laxv finally rejected it. fournal, 71 (1983), 13.59, 1.397-1400. It has been suggested that one must look at this legislation "against the backdrop ofthe availability of equitable N 1846, public opinion in the Territory remedies, contemporary efforts towards legal codifi­ I of Wisconsin had solidified in sup­ cation, the economic dislocations of the eighteen port of statehood, and Governor Henry thirties and forties, and the An ti-Slavcry and Woinan's Dodge called a convention lo form a Rights Agitation." Elizabeth Bowles Warbasse, "Re­ flections after Twenty-Five Years" (unnumbered constitution as a necessary preliminary to pages) in 'The Changing Legcd Rights of Married Women, action by the United States Congress. 1800-1861 (NewYork, 1987).' The convention consisted of 125 white

113 WISCONSIN M.ACJ.AZINE OF HLSTORy wiviFR, 1994-1995 male delegates elected from twenty- paper begun that year in Madison to speak one counties. The selection of delegates for lhe more liberal Democrats, published had been a political process, and the lib­ an article endorsing the suggestions of eral ("Barnburner" or "Tadpole") wing of the Democratic Review.^'' Even earlier, on the Democratic party controlled the December 31, 1845, a letter to the convention. The number of Whigs was Platteville Independent American had re­ small, but their influence was dispropor­ ferred (bill without enthusiasm) to the tionately large because of their compe­ Texas clause; and on June 30, 1846, a tence. Il has been said that the convention letter to the Wisconsin Argus in Madison included "the ablest leaders of opinion in listed features the writer would like to see the territor)'."" included in the new constitution, includ­ On October 14 James H. Hall, a del­ ing a homestead exemption of forty acres egate from Racine County, introduced a of land for a head of a family, male or resolution instructing the committee female, and a provision that "all property upon miscellaneous provisions not em­ acquired by females, either by inherit­ braced in the subjects committed to other ance, gift or otherwise, shall not be liable committees "to consider and report for the debts of her husband, nor subject whether or not it is expedient to incorpo­ to his control without her approbation." rate a clause in the constitution exempt­ The language of the Texas constitu­ ing real estate from sale upon execution tion on married women's property and also whether or not a clause be incor­ seemed quite straighlforward: porated providing for a better protection of the rights of married women in their All property, bolb real and personal, property."'- ofthe wife, owned or claimed by her The source of this resolution can be before marriage, and that accjuired clearly traced through the Democratic Re­ afterwards by gift, devise or descent, view, published in NewYork, to the Texas shall be her separate property; and constitution. In April of 1846 the Dento- laws shall be passed more clearly craticRevieivhi an article on "The Progress defining the rights of the wife, in of Constitutional Reform in the United relation as well to her separate prop­ Slates" had called attention to "two hu­ erty, as thai held in common with mane provisions which we find in the ber husband. Laws also shall be passed providing for the registra­ constitution ofthe state of Texas, which tion ofthe wife's property." we commend to our readers." These pro­ visions in the 1846 Texas constitution, not found in any other state constitution, fit retrospect, il is inieresiing to note that covered a married woman's right to sepa­ nothing in the articles in the Democratic rate property and the exemption of a homestead, as defined, from forced sale " Vnited Stales Magazine and Deimjcratic Revietv, 18 to satisfy the claims of creditors. In that (April, 1846), 250. This article is one ofa number on same month, the Wisconsin Democrat, a constitutional refonxi attributed to John Big(4ow. Two months later, the lead article in the June Issue, "Hisloiy of Cx)nstitutional Refonn in the United Slates.— (Contin­ " Louise Phelps Kellogg, "The .\dmission of Wis­ ued.)," listed "some of the most conspicuous ancl desir­ consin to Statehood," in Milo M. Quaife, ed., Wisccmsin able ofthe changes" which were likel)' to be made in the Historiccd Collectioris, vol. 26, (x)nstitutional .Series, I'h/' new NcAv York constitutioi i which was aboi it lo be drafted. Movement for Statehood 1845-1846 (MMiison, 1918), 18- These included a proxisioii for separate propeity for 29. manied women with a c-omment, "Fhe provision in the '•- Milo M. Quaife, ed., Wisconsin HisUmccd Collec­ Texas Con.stittition upon this point, is, perhaps, iuK;xcep- tions, vol. 27, C>onslitutional Series, 'lhe Convention of uonable." Ibid, 18 (June, 1846), 420. 7.S46 (Madison, 1919), 135. '' fexas Constitution of 1845, Article 7, sec. 19.

114 Review or the debates in Wisconsin showed and has never been recognized in this any understanding either that the clause state.""' The Spanish law "looked upon was the result of years of debate in Texas the marriage union as a species of part­ over whether to follow common law or nership in which each might own and the Spanish (civil) law which had been control a separate estate as well as a com­ the basis of Texas law on marital prop­ mon interest in a common fund, and erty, or that by law in Texas a husband accorded many privileges and rights to had the sole management of bis wife's the wife, that were unknown to the com­ separate property.'" No Wisconsin lawyer mon law, and diametrically opposed to its can confidently interpret Texas property principles."" law, but a Texas court has said, "The common law theory that the legal exist­ ence of the wife was merged in the hus­ HILE the subject of married band was not a principle of the civil law W women's property rights was put on the agenda early in the Wisconsin convention, the committee on miscella­ ''• See Kathleen Elizabeth Eazarou, Concealed Under neous provisions did not report on it until Petticoats: Married Women's Prcrperty and the Law of Texas 1840-1913 (NewYork, 1986); Ocie Speer, A Treatiseon the Law of Married Women in 'Fexas, including Marriage, Divorce, Homestead and Administration (Rochester, New "' Ijiake V. Sanders, 84 SW 2d 993 (1935), cited in Texas York, 1901); Debates of the'Fexas Convention, Wm.E. Weeks, Legislative Council, I ^gal Status of Married Women in Texas Reporter. Publishedby the Authority ofthe Convention (H<5tis- (A Report to the 55th legislature) (Austin, December, 1956), ton, 1846; microfilm edition by Research Publications, no. 54-3), p.l of Research Report. New Haven, 1975), especially 594-602. '' Speer, 'Treatise on the Laxv cf Manied Women, 24-25. 115 WLSCONSIN VLAOAZINE OF HFSTORY WINTER, 1994-1995

November 25. At that time the commit­ "they twain shall be one fiesh": be­ tee submitted an article in two parts, the cause it would encourage men to be first of which provided for property rights fraudulent by secreting their prop­ for married women and the second for erty under the cover of the wife's a homestead exemption. The articles name, and because the provision if on these two subjects in the Texas consti­ adopted will lead the wife to be­ tution were quite separate, although the come a speculator, and to engage in Texas debates show that the delegates all the turmoil and bustle of life, understood the relationship of the sub­ liable to sue and be sued, and ject matter in terms of the protection of thereby destroy her character of a wives and families. The New York pro­ wife, and because villains would be posal included only the clause on mar­ induced to seek wives not for their sake, but for the sake of covering up ried women's rights. Moses Strong, a their frauds.'" delegate from Iowa County and a leader in the Wisconsin convention, wrote that some people objected to putting into William Rudolph Smith, a highly re­ one article two ideas not necessarily spected delegate from Iowa County, ex­ related to one another as a kind of pressed doubt that the section would have log-rolling which should not have been the demoralizing effect Ryan described, permitted.'*' and he characterized existing law "as a remnant ofthe feudal system, which ought On the afternoon of December 4, the to be abolished, and the sooner the bet­ convention met as a committee of the ter." He introduced a simplified first sec­ whole to consider the article. The first tion which was approved. speaker introduced an amendment which The next morning, December 5, a would simply have had the constitution number of amendments to the first sec­ provide that the legislature should pass tion were offered, only one of which was laws to protect the property of the wife. adopted: the one making the wife's sepa­ The question of whether this subject be­ rate property liable for ber debts con­ longed in a constitution or should be tracted before marriage.John H. Tweedy, bandied through legislation was one a distinguished Milwaukee lawyer and a which recurred in this convention and leader ofthe Whigs, then introduced and which was also raised in both Texas and argued for an amendment leaving the New York. issue to the legislature, pointing out the The second speaker was Edward G. dire consequences of an improperly Ryan, a delegate from Racine County who drawn clause; but his amendment was later attained prominence as chief justice defeated. ofthe Wisconsin Supreme Court. His was the most powerful statement against the N December 7 the article came up first section of the bill. The Madison for a third reading. An attempt was Argus reported: O made to refer it to a select committee to amend the homestead provision. Marshall Mr. Ryan opposed the section be­ Strong, a member of the Racine County cause it was contrary lo the usages delegation who had been active in the and customs of society, to the ex­ debates on the draft, took the floor to press commands of the Bible that deliver a strong speech against the article

"* Moses M. Su-ong, Hisloty of tlie 'Tetritoiy ofWisconsin, from 1836 to 1848 (.Madison, 1885), 524-52.5. '-' Quaife, ed., 'Tlie Conventicm cf 1846, 631.

116 as it stood and the nature of the debates day. Noggle was aggressive in his defense on it. As to the first section dealing with of the married woman's rights section, married women's rights, be referred in charging Strong with basing bis argument one paragraph to Ryan's remarks on the on the assumption "that females, that wives principle on which it was based and to are common combinations of fraud, de­ Tweedy's on its implementation. Most of ception and dishonesty."-' his speech was devoted to the second The convention thereupon voted down section on exemptions. He said he would the referral to the select committee, clear­ vote for the referral to the select commit­ ing the way for approving the article, and tee in the hope il could make the mea­ that night Marshall Strong resigned as a sure less objectionable, but, he said, "If delegate. One historian has said, "His this shall become a part of the constitu­ secession marks the open split in his parly tion, a sense of duty will compel me to in the territory, and so far as the constitu­ oppose the whole instrument with my tion is concerned is the beginning ofthe utmost zeal."-" end."-- David Noggle, a Democratic delegate The emotion and indeed bitterness of from Rock County and one of the intel­ the public debate is evident in the com­ lectual leaders ofthe convention, replied ment made by the Milwaukee Sentinel and to Strong's speech at some length. He Gazette, a Whig paper, on a Democratic emphasized that both the married caucus held on a Sunday evening to pre­ woman's rights provision and the exemp­ pare for a vole on the article: "The article tion provision from the Texas constitu­ itself is a disgrace to our territory, and tion were endorsed by the Democratic Re­ perhaps it is proper that it should be view, "the leading organ of the Democ­ caucused into being by a violation of the racy in the United States," and were ac­ cepted as the Democratic doctrine ofthe

'-' Wisccmsin Democmt of Ixnimrs-2, 1847, quoted ihid, 662, -" Ilnd, 647. Mai-shall Strong was related only distiiiilly -- Frederic L, Paxson, "A Constitution ol Democracy" to Moses M. Strong. in Quaife, ed., 'The Mov(;menI fcrr Statehood, 30, 44.

117 VN'iscoNsiN M,A(;AZINE OF HISTORY WINTER, 1994-1995 laws of God—an outrage upon the moral Democrats. Beyond opinions on particu­ sense of the community."'-^'' lar provisions was the strategic question The text of the constitution as finally of whether the good outweighed the bad. approved bv the convention included Near the end of the convention, a del­ Ardcle XIV: ON THE RIGHTS OF MAR­ egate from Waukesha ("otinty praised the RIED WOMEN AND ON EXEMPTIONS constitution as a whole but continued, FROM FORCED SALE. The first secdon "there is one article which upsets the provided: whole—that on the rights of married women." As one historian ofthe conven­ Section 1. All property, real and tion has written, "His constituents were personal, of the wife, owned by her not willing lo leave established ways, and at the time of her marriage and also the old common law, and strike into an that acquired by her after marriage, unknown area."'-' by gift, devise, descent, or otherwise In Madison the Wisconsin Argus, voice than from her husband, shall be her of the old Hunker Democrats, decided separate property. Laws shall be that the banking article which posed the passed providing for the registry of issue popularly summarized as "banks or the wife's property and more clearly no banks" was the issue of principle and defining the rights of the wife required a vote for the constitution; that thereto, as well as to property held is, for no banks, without regard to the by her with her husband, and for carrying out the provisions of this merit of other articles.-" section. Where the wife has a sepa­ When the territorial legislature con­ rate property from that of the hus­ vened in January of 1847, it too debated band the same shall be liable for the the merits of the constitution. Public debts of the wife contracted before opinion indicated that the draft was in marriage.-'' trouble, so, to keep statehood on a time­ table that would allow Wisconsin citizens The provision for registry was a common to vole in the 1848 presidential election, one, to put creditors on notice as to the a resolution was introduced in the coun­ wife's ownership. The second section pro­ cil (the upper chamber of the legisla­ vided a homestead exemption from ture) providing for a new constitutional forced sale by creditors of forty acres in convention if the draft was defeated by the cotintry (or lots in the citv) with a the voters in April. This gave rise to a value of not more than $1,000. heated debate not only on the strategy but also on the merits of the document. HE proceedings of the convention On February 5, Marshall Strong, who T had been reported in great detail was recognized as the leader ofthe oppo­ throughout the state, and by the time it sition to the constitution, delivered a adjourned on December 16, people bad three- hour speech in the council in favor begun to decide whether or not they ofthe resolution for a new convention. In favored the constitution. The document the course ofthe speech, Strong discussed was clearly the product ofthe Tadpole or the provisions of the draft to which he Barnburner branch of the Democratic objected, beginning with the one on the partv. Whigs were opposed to it, as were a number of conservative ("Hunker") -' Ibid, 702. '-'• "The Issue" in March 30, 1847 edition, quoted by Milo M. Quaife, ed., in Wisccm.sin Hi.stonccd Colleclions, vol, -•' Milwaukee Sentinel and Gaz/'lle December 14, 1846. 28, Cxjnstitutional Series, 'Tlw Struggle Over Ratificaticm -' Quaife, ed., llie Conventicm if 1846, 747-748. (Madison, 1920), .3.39.

118 rights of married women. He described exists in France, and I will merely say that in emotional terms the im{)act that the more than one-fourth of the children freedom given a wife would have on ber annually born in Paris are illegitimate." character and on her husband, her chil­ He went on to point out the opportu­ dren and the home: nities for fraud when a husband in finan­ cial trouble finds a way to put property in Woman is to be transferred from his wife's name, thus making the wife the her appropriate domestic sphere, ruler of the house. He emphasized the taken away fi'om her children, and difficulties and uncertainties of fitting cast out rudely into the strife and this provision into the framework of com­ turmoil of the world, there to have mon law. Finally, he argued that the loss ber finer sensibilities blunted, the of a wife's property to cover her husband's ruling motives ofher mind changed, debtwasarare occurrence—be had never and every trail of loveliness blotted heard of it in the territory—and for that, out. When the husband returns at he said, "the husband is to be degraded, night, perplexed with care, dejected tfie wife unsexed, the children uncared with anxiety, depressed in hope, will for, the creditor defrauded, and the law he find, think you, the same nice confounded."-" and delicate appreciation of his feel­ ings he has heretofcne found? Will Several members of the council re­ her welfare, and feelings, and sponded to Strong's speech on different thoughts, and interests be all points. William Singer, the member from wrapped up in his happiness, as Iowa and Richland counties, replied spe­ thev now are? cifically to bis arguments on lhe rights of

Strong pointed oul dial ibis provision -'' Racine Advocate, FebntaiY 24 and March 3, 1847, came from the civil law and added, "It (luoted ilnd., 239, 241.

119 WISCONSIN MAG.AZINE OF HISIORY WINTER, 1994-1995 married women. He pointed oul that the of adoption by the voters; but the assem­ draft followed the pattern of remedies in bly (the lower house) postponed the equity which were part of the common matter indefinitely. law tradition. To demonstrate the dignity A glance at the Wisconsin newspapers of the wife's position under civil law, he for the first three months of 1847 shows quotedjustinian and cited Rome "where the tremendous interest in the constitu­ the civil law prevailed ... and where in- tion and the amount of activity for and continency or breaches of chastity were against it. There were meetings at the not known for five hundred years."'•^*' local level, and at many of them leaders of the convention spoke. "[TJowering above all others in the magnetism of his TRONG'S speech received extensive zeal and the power of his eloquence," S press coverage, and it was printed in wrote Moses Strong, himself a delegate, pamphlet form for distribution by the was Edward G. Ryan. Ryan—the father of opponents of the constitution. The Wi.s­ the banking clause—was in favor of the consin Argus commented, "In bis hostility constitution and no longer opposed the to the article on the rights of married married women's property clause.'^' women and exemption of real estate, we Milwaukee's leading Whig paper, the think he has the sympathies of three Daily Sentinel and Gazette, analyzed the fourths of the advocates of the constitu­ positions taken on the constitution by tion. The only difference between him territorial papers and letters written to and them upon these questions is that them. It judged all Whig, independent, they arrive at opposite conclusions as to and abolitionist papers opposed and that the best course to be pursued in refer­ three out of four individuals "utterly dis­ ence to the Constitution in view of these approve ofthe constitution." It also con­ generally admitted defects."'-^" The Racine cluded that among Democrats in Milwau­ Advocate, at first reluctant to take on kee County, "the best men in the party Strong, ultimately gave extensive cover­ are earnest and active in opposition."''-^ age to his speech and its reasons for disagreeing with it. Strong was accused of incorrectly in­ T is impossible in a few sentences to terpreting the language of the article. I convey the vigor and emotion of the The Milwaukee Courier, which supported public debate on the article. In a piece in the constitution, said, "It is clear the the Milwaukee Cowner addressed by W. K. gentleman's premises are false, his con­ Wilson to bis fellow working men, he clusions erroneous, and the whole tissue referred to "the grand and leading fea- of his dissertation fallacious."'" In short, exaggerated and incorrect interpretations '" Slroj-ig, Hisloty if die 'Tmitoiy ofWisconsin, 553, Ryan of the language of the constitution were \oled against the married women's rights article in the hopelessly entangled with the arguments convention. See Quaife, ed., 'The Convention of 1846, pp. for and against it. 670,729. A report attributed to Ryan inthe Racine Advocate On Febrtiary 6, 1847, the lerritt^rial of December 10, 1846, expressed the opinion that "our council adopted the resolution for a new people will never put the fair sex in fact on the footing of the civil law." By Febniar)- 24,1847, another article in the convention if the constitution should fail same paper, also attributed lo Ryan, supported tiie woman's rights provision on the basis that il did not embody civil law but simply followed equity remedies already available. ' Wisconsin Democrat, Februaiv 20, 1847, quoted ibid, Quaife, ed,, 'Tlie Struggle Over Ratification, 13, 62, 464-466. 279. Ryan's ovciTiding interest was clearly the banking clause ' Wisccmsin Argus, .March 16, 1847. which he had drafted. ' Quaife, ed., 'The Stniggle Over Ratipcation, 574. •'- MilxvauheeDcdly .Sentinel and Gazette, Januan-11,1847,

120 tures ofthe constitution which I contend and starvation, and that this is in strict for" including "the wise and human pro­ accordance with the principles of right tection which it gives to the property of and the honest dictates of humanity and married women." At a Whig meeting in mercy, which no honest man should ei­ Janesville, Edward V. Whiton, who later ther dread or fear."''-' became chief justice of the Wisconsin Even as the public debate continued, Supreme Court, spoke against the consti­ it was suggested in the press that the tution, dealing at length with the evils of people who wished to defeat the banking creating separate interests between hus­ clause were using the married women's band and wife: "Do ytni think, sir, that a property clause as a screen. The Wisconsin woman immersed in business can bestow Argus, which was backing the constitution that care and attention upon her family because of its "no banks" clause, noted which are so necessary lo the comfort and that bankers had begun to realize that even the existence of the home as we their "open opposition to the bank article know it?" A Dane (jounly meeting sup­ would strengthen rather than weaken porting the ratification of the constitu­ the constitution," and that they were now tion adopted a resolution which referred "bending all their energies against the to the article providing the wife her sepa­ article on the rights of married women rate property "in order to save her and ber children, in the case of an unfortu­ " Quaife, ed., 'Tlu'Slms^k Over Ratification, 590, 419, nate or dissolute husband, from want 366.

121 WI.SCONSIN MACAZINE OF IIISI()1«- WINTER, 1994-199"

and exemption." The Racine Adxiocate NE of the most notable features of called the denunciations ofthe article "a O the record of the forming of the masked battery against the articles on constitutions of 1846 and of 1848 and the banks, internal improvements, state debt, joublic debate on them is the complete and the destruction ofthe trade of office absence of any parlicipati(tn by women or holding to be found in the miscellaneous any indirect expression of their views. provisions."'^ Warren Chase, a delegate from Fond du On April 6, 1847, the voters ofWiscon­ Lac County in both conventions, had ac­ sin Territory rejected the conslilution, tively supported the woman's properly 20,233 to 14,119. rights clause in the first convention, con­ A second convention to form a consti­ sistent with his Fotirierite principles. In tution was convened the following De­ writing about the debate on Negro suf­ cember 15. At the first session Byron frage in the firsl convention, including Kilbourn, a Milwaukee delegate, pro­ an amendment for woman suffrage which posed a structure for the work of the was promptly defeated, he said: conventit:)n to save time and expense, based on the belief that the 1846 consti­ Some were amused, and some tution was turned down by the voters horrified, at the proposition to let because of a few articles. Ashe said, "[H]e women and "niggers" vote; and al­ apprehended that all would agree that most all voted against the women, the judiciary article, the bank article, and and all but fourteen against striking the articles on exemption and the rights out color as a test; by which he saw of married women were most prominent the men would sooner let the and had met with most disapprobation." negroes have their rights than the While Kilbourn's resolution which would women, and be was confirnied in have eliminated the married women's what he before believed, that the property provision from consideration slavery of women was deeper and did not pass, that provision was not in­ more lasting, than that of negroes cluded in the 1848 constitution and was in the hearts and prejudices of the people, and even often approved considered by the convention very briefiy and sustained by woman herself. only once onjanuary 28, 1848, when a How can she expect the "lords of provision for married woman's rights was creation" to give her her rights, when offered as an amendment and was de­ she does not ask for them?'' feated 56 lo 5. Il must be recognized that some proponents of the married women's property rights provision believed it be­ Even in New York, where women be­ longed in the statutes rather than in the came active politically before they did in constitution.'' The proposed new consti­ Wisconsin, women jdaved a minor role in tution did include in the Declaration of the debate on married women's property Rights a clause directing the enactment in the 1846conslilutional convention and of "wholesome laws, exempling a reason­ the enactment of the first married able amount of {)roperty" fiom claims of women's properly law in April, 1848.'*' creditors."' '•' Warren C^hase, 77!^ Lifedjiie of tlie IDUC One; or Autobiography of'The World's Child (3i-d ed., Boston, 1865), 18.3-184. Equal rights for women w;is a characteristic of "/fe/„ 324-325, 510, many radical sects in nineteenlh-centur)' America. Alice '' Milo M, Quaife, ed,. Wisconsin Historical Colleclions, Felt Tyler, Freedom's I'erment: Phases of A mericaii Social I listiny vol. 29. Constitutional .Series. Hie .Allaiiiment of Statehood to I860 (Minneapolis. 1944), 442. (Madison. 1928), 84(t-841. .56, 179. "^ .Several excellent books haxx- been wiitten on the "' Article I, section 17. hisloiv- of the New York law on this subject, I'egg)- A,

122 S^ >',iVH

It was not until six months after the direct object the establishment ofan ab­ NewYork act became law, that Elizabeth solute tyranny over ber" were: Cady Stanton, Lucretia Molt and her sis­ ter Martha C. Wright, and Mary Ann He has made her, if married, in McClintockin October of 1848 convened the eyes of the law civilly dead. the convention in Seneca Falls, NewYork, He has taken from her all right in which adopted the "Declaration of Senti­ property, even to the wages she ments" launching the women's rights earns.-'" movement in the United States. Among the facts listed in the Declaration to show In their book. The History of Woman Suf­ that "The history of mankind is a history frage, Elizabeth Cady Stanton, Susan B. of repeated injuries and usurpations on Anthony, and Mathilda Gage list as the the part of man toward woman, having in first ofthe three immediate causes ofthe demand for equal political rights for women in the United Stales "the discus­ sion in several ofthe state legislatures on Riibkin, Fathers to Daughters: 'Flie Ij'gcd Foundations if Eerncde Emancipation (Contributions in Legal Studies, no. 11, Westport, 1980). See also Basch, In the Eyes of the IJiw, and Stanton, Anthony, and Cage, History of Woman Suffrage. •*' Stanton, Anthony and Cage, 'Vol. I, 70.

123 WISCONSIN MAG.AZINE OF IIFSTORV WINTER, 1994-1995

the property rights of married women, On August 3, however, the bill was voted which, heralded by the press with com­ down, 14 to 5.''-^ ments grave and gay, became the topic of The followingyear. Senator Horn again general interest around many fashion­ introduced his bill with the title "con­ able dinner-tables, and at many humble cerning the rights of married women." firesides."^" The bill passed the senate in spile of a little fooling around by the senators after the bill had passed. Senator Horn intro­ N Wisconsin, as in New York, after a duced an amendment to change the title I married women's property provision of the bill to "A bill to provide for the was omitted from the state constitution, protection of married women in the en­ the legislature acted. Wisconsin became a joyment of their property." Senator state on May 29, 1848, and in the first Alexander Botkin of Madison then moved session of the state legislature, on June an amendment to make the title read, "A 17, 1848, Senator Frederick W. Horn of bill to authorize married women lo wear Cedarburg introduced a bill "to provide their husband's unmentionables." When for the protection of married women in this was defeated, senators Botkin and the enjoyment of their own properly." Henry Merrell of Portage voting for it, The senate referred the bill to the com- Senator Merrell then introduced an nnttee on incorporations. The report of amendment to have the title read, "A bill the committee majority on the bill was to declare married women the head of given by Warren Chase, who had been an the family." This amendment got three advocate for women in the constiitiiional votes, Senator James Fisher of Crawford conventions. It recommended passage of County joining Botkin and Merrell. In the bill, and Chase, as chairman, pre­ the assembly, however, the bill was de­ sented the report which read in part: feated. Among those voting against it was Marshall Strong.'"' They believe it to be one of those In 1850 Senator Horn again introduced necessary steps in political progress, a bill "to provide for the protection of which are calculated to emancipate married women in the enjoyment of their woman from that dependance [sic], property." This time he was determined servitude, degradation, and slavery to succeed, and a Madison newspaper to which she has been subjected in reported: all past ages of barbarism and civili­ zation. ... And regretting the degra­ dation and servitude which man has Mr. Horn could see no good reason imposed upon the weaker and bet­ for delay; the bill was just what it ter portion of his race, they would purported to be on its face, and recommend the passage of this required but little time to examine measure as one of the first steps it. It was an exact copy of a law now toward a restoration and elevation on the statute books of New York; of woman to her proper condition." he had examined the acts ofseveral states on this subject and was of the opinion that this was the best; the principle was right and just and '" Stanton, .\nthon\, and (iage, Hisloty if Woman should be carried out; he had pre- .Suffrage, Vol. I, 51-52. For a discussion of married women's property laws as a precursor of the struggle for women's rights, see Chused, "Married Women's Properly Law: 1800-1850," 13.59-1425; Rabkin,f«

124 sented the matter to the legislature ofany female now married, shall not several times, and should continue be subject to the disposal of ber to do so as long as he was permitted husband, but shall be her sole and to occupy a seat in this body, or separate property, as if she were a until it should become a law.**^ single female. SEC. 2. The real and personal prop­ His bill passed the senate by a vote of 12 erty of any female who may hereaf­ to 7. The bill was amended in the assem­ ter marry, and which she shall own bly, and the senate accepted the assembly at the time of marriage, and the amendments. Governor Nelson Dewey rents, issues, and profits thereof, signed the bill on February 1, 1850. The shall not be subject to the disposal law, as passed, provided: of her husband, nor be liable for his debts, and shall be her sole and SECTION 1. The real estate, and separate property. the rents, issues, and profits thereof, SEC. 3. Any married female may receive by inheritance, or by gift, '•'' Wisconsin Express (Madison), January 22, 1850. grant, devise or bequest, from any

125 WISCONSIN MACAZINE OF IIIS^OR^• WINFER, 1994-1995

person, other than her husband, and ing feminism, which stemmed out of the bold to ber sole and separate use, struggle she had to gain custody of her and convey and devise, real and per­ daughter by her first marriage. In Ger­ sonal property, and any interest or many she had published a book. Woman estate therein, and the rents, issues in Conflict with Social Conditions, which, and profits, in the same manner and according to one writer, "gained her a with like effect as if she were unmar­ national reputation and was instrumen­ ried, and the same shall not be sub­ tal in changing some existing laws gov­ ject to the disposal ofher husband, erning marriage and divorce."^' nor be liable for his debts.''' After the legislature enacted the 1850 law protecting married women's prop­ HY was Fred Horn of Cedarburg erty, it came before the Wisconsin Su­ Wsuch an ardent champion of this preme Court in a case in 1853. Lutia Ann bill? There is no clear answer to that Cawker had inherited goods from her question. He was born in Prussia and first husband which thus became her "sole educated at the Gymnasium ofthe "Gray and separate properly." She sold the Friars" in Berlin. The civil law prevailed in goods to James Norval. When she subse­ Prussia, but Horn left Prussia when be was quently married James P. Rice, she and twenty-one and did not study law until he Rice sued Norval lo recover the balance settled in Wisconsin sometime after 1840. due for the goods. The decision in the When he died in 1893, a young senator case turned on the technical question of whose father had served in the legislature whether the second husband was a proper with Horn early in bis career said, "The party to the suit; but in its opinion the large, broad, open and liberal policy of court said: the state, such as it is, perhaps more lib­ eral than that of any state in the Union today, is the result ofthe power and influ­ The "act to provide for the protec­ ence of Senator Horn and his associates tion of married women in the enjoy­ ment of their own property," ap­ of his younger days."'"' proved February 1, 1850, ... cer­ But the most intriguing hint of a pos­ tainly goes far towards clothing one sible source of Horn's interest in this class of females with strange and subject is that he was a cousin of Fritz manly attributes; yet it is a meritori­ Anneke, husband of Mathilde Franziska ous statute, designed to remedy a Anneke, the well-known radical and early supposed evil of the common law, feminist. When the Annekes fled Ger­ and therefore it ought to be liber­ many after the failure ofthe 1848 revolu­ ally construed.''*' tion, they came to Wisconsin at the insis­ tence of Fred Horn. It is not impossible that in bis correspondence with the '' Steven M. Buechler, 'Tlie Lrcmsformcdiim (fthe Wcnnan Annekes while they were still in Germany, Suffrage Movement: 'Fhe Case of Illinois, 1850-1920 (New Brtinswick, New Jersey, 1986) 60; "Biographical Notes in Horn became aware of Mathilde's grow- Commemoration of Fritz Anneke and Mathilde Franziska Anneke," by Henrietle M. Heinzen in collaboration wilh Herlha Anneke Sanne (1940), Vol. 1, 27; Mathilde ''" IMWS of Wisconsin, 1850, Chap. 44. The different Franziska Anneke to Franziska Hammacher, Milwaukee, treatment of personal property in section 1 (women April 3,1850, Vol. 2, Appendix, chapter 3. (The latter two already manied) and section 2 (women marrying in the items are in the Fritz and Mathilde Anneke Papers, future) was due lo a constitutional question about depriv­ Wisconsin Stale Archives, Slate Historical Societ)- of "W'is­ ing husbands of personal property already theirs. consin.) Research on Mathilde Franziska Anneke is hin­ "' "Address of Senator I^es," in Memorial Addresses on dered by the fact that a large part of her writings were in the Life and Public Services of Frederick W. Ham, March 1,1893, German and very tilde has been translated into English. 14 (SHSW Pam. .56-517). * Nonicd V. Rice, 2 Wis. 22 (1853), 31.

126 Three years later, the Wisconsin Su­ business on her own account pos­ preme Court held that under the statute sessed by the wife, would, if exer­ a married woman could not be sued on a cised, be destructive of domestic ties promissory note she signed in payment and entirely inconsistent with con­ for real estate. Holding that the statute jugal obligations.'" did not give a married woman the same rights with respect to her separate prop­ erty as a single woman, the court in an HE 1850 law was an important ad­ opinion by Chief Justice Whiton said: T vance for married women owning fjroperty, particularly in freeing ihein ... the principal object which the from the complexities of equitable legislature had in view, was to pre­ arrangements. It did nothing, however, vent the property of the wife from for married women whose only money being liable for the debts of the was what they earned themselves. As early husband, and from being sold or as 1851, Ernestine Rose in a speech to controlled by him. the Second Worcester Woman's Rights Convention in Massachusetts, discussing After listing the powers given a married woman, he went on: « Woosterv. Norlhrup et cd., 5 Wis. 245, 25.5-6 (1856). An unlimited power to sue and be Whiton had been an opponent of manied women's sued, and to engage in trade and property rights in tiie 1846 constittitifju.

127 V\ISCOXSIN MACAZINE OF HISFORY WINFER, 1994-1995 the first New York act which dealt with This 1855 Wisconsin bill was introduced property a woman brought to marriage or by Senator Charles Clement of Racine. that was given to her after marriage, said: ,\gain there is no evidence to show the source of his interest. He was, however, a Here is some provision for the fa­ reformer at heart. As editor of the Racine vored few; but for the laboring many, Advocate, he was a leader in the group of there is none. The mass of people Racine men who in 1854 bad freedjosbua commence life with no other capi­ Glover, the fugitive slave, in a famous tal than the union of heads, hearts incident in Milwaukee. On the same day and bands. To the benefit of this be introduced the bill on married best of capital, the wife has no right. women's property, be presented to the If they are unsuccessful in married senate two petitions in favor of a liquor life, who suffers more the bitter con­ law, one signed by 320 "citizens" and an­ sequences of poverty than the wife? other by ninety "ladies."^*' But if successful, she can not call a dollar her own.-'" The legislative history ofthe 1855 law is far from clear. Temperance was still a major issue for reformers, and in 1855 as In an early case the Wisconsin Supreme in 1853 and 1854, prohibition laws were Court applied the common law rule that on the Wisconsin legislative agenda. In­ a married woman's earnings belonged to deed, the "liquor law" dominated politi­ ber husband. •' The Wisconsin legislature cal news during the 1855 legislative ses­ somewhat softened the harshness of the sion. The plight of women married to rule in 1855 by adding a section covering drunken husbands bad become a focus the case of "any married woman, whose of public attention nationally. As early as husband, either from drunkenness, prof­ 1849, the Neiu York Tribuneh?id advocated ligacy, or from any other cause, shall legislative protection for "unfortunate neglect or refuse to provide for ber sup­ wives, with dissipated husbands, whose port, or for the support and education of earnings are habitually taken from them her children, and any married woman by their legal masters lo minister to their who may be deserted by ber husband." depraved appetites." Women's rights lead­ Any such woman was given the right to ers proposed making drunkenness a transact business in her own name, to ground for divorce.'' collect her own earnings and the earn­ ings of her minor children, and to use these earnings for the support of herself '•' Eugene Walter Leach, Racine County Militant: An and for the support and education ofher Illustrated Narrative of War Times, and a Soldiers' Roster (Riicine, 1915), 2.5-28. (In the collection of the Racine minor children, free from interference County Historical Society.) On March 5, 1855, when or control bv her husband.'-^ Clement was in the senate, the Weekly Racine Advocatein a story about Michigan's new married women's prop­ erty law said that Wisconsin had had such a law for some years, adding, "It was resisted by the old Fogies, but '" Ailcen S. Ki-aditor, ed., Up From llie Pedestal: Selected most fortunately adopted." Writing in IheHiskrry of Feminism (C^hicago, 1968), 228. •' Anelia Bloomer's paper I'he Lily published tiie "' Connors v. Connors, 4 Wis. 112 (1855). The wife liihune qutjtauon and also a letter from Elizabeth Cady earned monev "bv washing, house-cleaning and other Stanton, signed wilh a pen name, supporting a NewYork hard labor at day's work." She invested her earnings bill making dninkenness a ground for divorce. The in real esUUe. Her husband sold the properly she quotations of May 1, 1849, and April 8, 1850, appear in bought, and the court held that she could not recover Russo and Kramarae, eds., 'The Radical Women's Press ofthe it because her earnings during marriage belonged lo 1850s, 88. At the firsl convention of the New York Slate her husband in the absence ofan agreement between Temperance Society in 1852, Mrs. Stanton said, "Let no them lo the contrarv, woman remain in the relation of -wife with a confirnied •'- laws ofWisccjnsin 1855, Chap, 49, sec, 1. dninkard." Kathleen Barry, Susan B. Anthcmy: A Biography

128 • .:^.- }i|!, " if r 1 i

/I "1i^' i

In 1853 the newly formed Woman's gained the control of their earnings and State Temperance Society brought to the custody of their children. Thus prov­ Wisconsin Mrs. Clarina I. Howard Nichols ing, that man, by his disabling laws, has of Vermont and Mrs. Lydia Fowler of New made woman helpless and dependent, York. The women traveled 900 miles and not God, who has endowed her with around the state, "speaking in forty-three capabilities equal to the responsibilities towns to audiences estimated at 30,000 in He has imposed." Mrs. Nichols con­ the aggregate." In her report of that trip, cluded, "The law enacted by the legisla­ Mrs. Nichols spelled out the argument ture securing to the wives of drunkards she made that "in alienating from women their earnings and the custody and earn­ their earnings, governments impose upon ings of their minor children, I think I may community taxes for the support of the claim as a result of appeals from the paupered children of drunken fathers, home standpoint of woman's sphere.'"'' whose mothers would joyfully support and train them for usefulness; and who, as a rule, have done so when by the death '' Stanton, Antiiony, ancl Cage, Hislcny cf Wmnan or divorce of the husband they have re- Siiffrage, 'Vol. I, 178, 182-185. For more details on the Nichols-Fowler visit, see Cienevieve McBride, On Wisconsin Women: Working for 'Fheir Rights from Settlement to .Suffrage ofa Singular Feminist (paperback ed., NewYork, 1990), 68. (Madison, 1993). The author wishes to express her appre­ In 1853 Paulina Wright Davis' paper 'Fhe Una advocated ciation to Dr. McBride for sharing the results of her making drtinkenness a ground for divorce. See Russo and research and also the many insights she had gained on this Kramarae, eds., 'The Radical Women, 's Press of tlie 1850s, 90. early period.

129 WISCONSIN .\I.\(..\ZINF OF HFSTORY WINTER, 1994-1995

As the editor of a Vermont newspaper HAT the 1855 Wisconsin law offered published by ber husband, she had es­ T tnily limited relief to married women poused married women's property rights was made clear in a case which reached as early as 1847. the Wisconsin Supreme Court in 1866. In Interest in this subject was growing Edson V. Hayden, a married woman sued around the country. As early as 1850, the school district by which she was em­ Ohio women bad met and placed mar­ ployed to collect her wages, introducing ried women's property rights on their evidence that ber husband, a clay laborer, agenda in anticipation ofa state constitu­ was a careless manager and was in debt tional convention. In 1854 Caroline Sev­ and unable to supply the necessary wants erance addressed the Ohio senate on of bis wife. Notwithstanding the rule of "women's property rights and votes.""'" liberal construction on the 1850 law which The year before, in NewYork stale, Susan the court had laid down, the Wisconsin B. Anthony had embarked on her first court now refused to apply this section in venture into politics, organizing sixty this case, declaring: "Mere poverty, sick­ women in Rochester for dooi-to-door ness, intellectual inferiority or physical petitioning. They secured 6,000 signa­ inability of the husband, without being tures in favor of married women's prop­ caused by vice, are not alone sufficient to erty rights, including the right to their enable the wife to act as 'a. feme sole [i.e., a earnings. These petitions, together with single woman].... It may be that laziness, petitions for woman's suffrage, were pre­ idleness or indolence would." Underly­ sented to the New York legislature in ing the court's decision was its concern February, 1854, where Elizabeth Cady that to give the wife her earnings would Stanton delivered the address outlining deprive the husband ofthe services of his the women's demands. Mrs. Stanton "paid wife and children and "all control over particular attention to the plight of the them."-"'" wife whose husband took her wages to Three years before, in 1863, the Wis­ buy drink. ..."'' "While the legislature consin Supreme Court in Elliot v. Bentley turned down these petitions, at the time subjected the earnings of a wife as a piano the 1855 Wisconsin law was passed, Susan teacher to the claims of her husband's B. Anthony was on a new statewide peti­ creditor, saying the wife's earnings, un­ tion drive in NewYork. That state's 1860 like her separate property, belonged to law on married women's property, in­ ber husband and were liable for his debts. cluding the right lo their own earnings, The opinion, written by Chief Justice was clearly the result of six years of orga­ Luther S. Dixon, began by saying: nized effort by women. Similarly, the Massachusetts law of 1855 which included It is somewhat remarkable, among women's separate earnings was a product the many beneficent changes re­ of intensive activity by women.'" cently effected by legislation for the welfare and protection of married women, that the legislature should have omitted to secured to the wife the rewards of her skill ancl labor."" * StanU^n. Antiiony- and Gage, History of Woman Suf frage,Noi. 1,103-123. Russo and Kramarae, eds., 'LheRadical Wor««?ifVewq/'//i^/&50,s, .322. Appendix II of this book (pp. The chief justice went on to say that if 315-326) is a veiv helpful calendar of events for the years the law jorotects the wife's property, "the 1777-1870. " Warbasse, Changiig legcd Rights of Manied Women, 258. •'" Edscm XI. Haytteu, 20 \^'is, (i82 (1866). •" ft?rf.,261-264 . 267-271. "" Elliott xK Bentley, 17 Wis. ''\591 (18()3).

130 earnings of the indigent but frugal and and other reformers were directed to­ industrious wife and mother would seem ward support of the war effort. After the to deserve [such protection] still more." war, and particularly after the exclusion Notwithstanding this invitation to action, of women from the Fifteenth Amend­ the legislature did nothing for another ment to the Constitution, which gave nine years.''' black males the right to vote, women At least part of the delay in legislation again turned their attention to their own on wives' earnings was occasioned by the rights. Civil War, when the efforts of feminists

N 1868 Myra Bradwell began publish­ ''' A related tssue came before the Wisconsin Supreme Court several times and was decided on the same prin­ I ing the Chicago Legal News, an impor­ ciple. These cases involved the right ofthe wife to recover tant source of information for lawyers far damages for injuries she suffered through the negligence beyond Chicago."- From the outset, she of another. The court held that she could not recover because "the time and services of the wife belong to the husband and for a loss of them he must sue alone." Barnes V. Martin and another, 15 Wis. *240 (1862). See also ''•-^ The copies cjf this publication in the libraries ofthe Shaddock and xvife v. Town ofClifion, 22 Wis. *114 (1869), Marquette University and University of Wisconsin law and Kavanaugh and xuife v. City offanesville, 24 Wis. 618 schools show that they originally belonged lo Milwaukee (1869). lawyers.

131 W-fSCONSIN MAC;AZINE OF HIS-FOR\' WINFER, 1994-1995 advocated the passage of a married found willing to commit himself by open­ women's property lawin Illinois, and when ing the services." The "Free Hall" (now a such a law was enacted in 1869, landmark in Sheboygan Falls) was built in her paper published its text with an intro­ the 1850's at least in part to provide a ductory note describing the law as place where women could participate in "drawn by the editress ofthe Legal News.""'' the discussion of public issues."" When John Stuart Mill published 'Lhe Sub­ No single strong female leader with an jection of Women in 1869, it was reviewed in interest in the subject emerged, and the the Chicago Legal Neius, which devoted woman's rights movement was not as or­ most of the review to his advocacy of a ganized as it was in states like New York, married woman's right to her own prop­ Massachusetts, and Ohio. Nor did Wis­ erty. As Mill expressed it: "The rule is consin have a woman available to do the simple, whatever would be the husband's kind of organizing that Susan B. Anthony or wife's if they were not married should did in New York. Laura Ross (later be under their exclusive control during Wolcott) was a key figure in the women's marriage. ..."'*'' movement in Wisconsin for many years, There is no record of Wisconsin but the demands ofher medical practice women's advocacy of legislation to give undoubtedly restricted the lime she bad married women control of their own lo give. While she appreciated the signifi­ earnings in the years preceding the 1872 cance of properly law, that was not her law. Public opinion in Wisconsin was field. Dr. Wolcott wrote the chapter on slow to accept the propriety of women the progress of women in Wisconsin for speaking in public. An 1842 lecture 'Lhe History of Woman Suffrage (1882), and series in Sotilbport (later Kenosha) in­ she gave a full account ofWisconsin leg­ cluded a debate on "Ought Females lo be islation on married women's property Tolerated as Public Lecturers?" The his­ rights from 1850 lo 1878. But she made torian who found this information com­ no mention of the involvement of any mented, "The result was not recorded, women—persuasive evidence thatwomen but the question itself and the way it was were not involved.'" worded are suggestive of general public In February, 1869, the Wisconsin sentiment." ""' Woman Suffrage Association was formed Mrs. Clarinda Nichols' report on her in Milwatikee, and Elizabeth Cady 1853 visit to "W-isconsin nolecl "the popu­ Stanton, Susan B. Anthony, and Mary lar prejudice against women as Public Livermore came to the city to speak at its speakers." A temperance rail)' at which convention. Afterward they went on to she spoke was held in Milwaukee with an Madison, where Governor Lucius overflow crowd, although she noted it Fairchild introduced them at an evening was held in a church where "it was 'a session ofthe legislature. While their pri­ shame for a woman lo speak'" and "nei­ mary focus was suffrage, the Wisconsin ther clergyman nor layman could be State Journal, reporting on Mrs. Stanton's speech, concluded by saying: "She dwelt at some length on the degrading position

''' Chicago Iegcd News, Aprii 3, 1869, p. 212. For earlier articles advocating tiie legislation, see tiie issues of Octo­ ber 31, 1868, p.\37; November 21, 1868, p. 60; and '* Sum ton, Anthony, and Gage, Vol. I, pp. 178-185, Febntan 27, 1869, p. 172. quotation on 179; Sliebc/ygan (jnmly News, Augiist. 1, 1906, '•' Ibid, August 7, 1869, p. 389. The author is indebted lo the Sheboygan County Histori­ "' Joyce Clark Follet, "Gender and (ximmtinily: cal Research Society for bringing this lo her attention, Kenosha, Wisconsin, 183.5-1913" (doctoral di.sseruttion, '" Stanton, Anthony, and Gage, Hisloiy cf Woman Universitv of Wisconsin-Madison, 1991), 94, Suffrage, \'<5l. 3, 638-648'(1882).

132 of woman, and the degrading terms ap­ stitutional convention, introduced a bill plied to her by the statute books, treating in the senate "to enable married women her as a mere appendage of man."''** to transact business, make contracts, sue The following year, in 1870, Mrs. and be sued, and to define the liabilities Stanton returned to Wisconsin to speak of husbands and wives, and enable them at the meeting of the Equal Rights Asso­ to testify in civil actions and proceed­ ciation in Janesville. Lillie Peckham was ings." On the same day in the assembly, also on the program, speaking on Alexander Graham of Janesville, whose woman's work and wages.''" It may be a temperance bill dominated that session coincidence, but in 1872 two legislators of the legislature, introduced a bill "to fromjanesville introduced the bills which relieve husbands from liability to pay their became the law giving women the control wife's ante nuptial debts, and to secure to of their own earnings. wives their individual earnings." There Senator Charles G. Williams of was no mention in the senate bill of a Janesville, son-in-law of David Noggle, wife's earnings, but as a result ofa legi.s- who had been a vocal advocate of married lative process which is not at all clear, the women's property rights in the 1846 con- bill which was finally passed bad the num­ ber of the senate bill but ct:)ntained the following section on earnings: '" Wisconsin State fournal, February 27, 1869. ''•' fanesviUe Gazeth;, March 17, 1870. For a report on Mrs. Stanton's 1869 and 1870 visits to Wisconsin and SECTION 2. Tlie individual earn­ other women's activities in Wisconsin after the Civil War, ings of a married woman except see McBride, On Wisccmsin Women, 46-48, and all of those accruing from labor per­ chapter 2, formed for her husband or in his 133 WLSCONSIN M,\G.AZINE OF HFSTORY WINTER, 1994-f995

employ or payable by him shall be York married women's property law, it her separate property, and shall not explained its position "by distinguishing be subject to her husband's control, the 'legal protection and fair play to which nor liable for bis debts."" women are justly entitled' from 'the claims lo a share of political power which The bill also incorporated a provision the extreme advocates of Women's Rights similar to the one in the 1846 constitu­ are fond of advancing.'"'' tion making married women responsible for their debts contracted before mar­ riage. That this was a sensitive issue can T is hard to overstate the lack of per­ be seen in a long article which the Janesville I sonal dignity the common law ac­ Gazette v'dn on its front page on March 25, corded married women. Blackstone said the day the bill was approved, headed their "very existence" was suspended dur­ "The Common and Statute Law on the ing marriage. The women at Seneca Falls Relation of Husband and Wife." The ar­ put it even more bluntly, saying they were ticle made no reference to specific legis­ "in the eyes of the law civilly dead." The lation pending in Wisconsin, but it ar­ common law, even in the nineteenth cen­ gued on principle that in view of the tury, was unresponsive to the voices of powers American laws had given married married women. Listen to the words of womxcn over their own property, in fair­ Mary Jones of Winnebago County, Wis­ ness husbands should no longer be re­ consin, testifying in 1865 in a suit in sponsible for their wives to the extent which she sought to get back, from her provided by common law. Thus the writer husband's creditor, property purchased asked, "If the wife is to hold her property in 1848 with what bad been ber money: separately, ought she not be sued sepa­ rately, both for debts and damages? If her My mother willed land in Wales to property ought not to go to pay the me; I sold it for about 500 sover­ husband's debts, why' ought his go to pay eigns; bought the half section where hers?" we live [in Wisconsin] with the With passage ofthe 1872 law, the basic money. My husband got the deed property rights of married women in Wis­ for it. I let him have the money and consin were in place. From the begin­ be took title in his own name. I ning, it had been recognized that, sensi­ brought the money from Wales in tive as the implications of changing mar­ my own trunk; he did not have it ried women's property rights were, they until he bought the land. I had no object in getting the land back ex­ were less controversial and more accept­ cept to have it go to my children in able to society than woman suffrage. When case of my death. ... Good many the New York Times supported the New women die in this country and if her husband should marry again, it would take the property away from '" Bill 101 S; Bill 347A; Chap. 155, Laws of 1872. The her own children. bill also pro\ided she might sue and be sued in her own name as if she were single and provided for the collec­ tion ofjudgments against a married woman. The only Under the common law, the court found reference lo the assembly bill in A.ssembly foumalis in ils that the money belonged to Mary's husband. introduction and referral to the Judiciary Committee. The Senate bill was amended in the Assembly and the Senate concurred in the amendment, but there is '' Ellen Carol DuBois, Feminism and Suffrage: 'FheEmer­ nothing in the Journals or the notes on thejacket ofthe gence ofan Independent Women's Mcrvement in America 1848- original Senate bill in lhe Slate Archives to connect the 1869 (Ithaca, NewYork, 1978), 46, quoting the New Yodi Assembh bill lo the final law. Ti)re« of April 8, 18.59.

L34 and his creditor could therefore reach the One final example. The Wisconsin land in which it was invested.'- Supreme Court, construing the 1855 law, In a similar case involving a widow rebuffed the efforts ofa schoolteacher to seeking to get back from her husband's collect her own wages. Evidence showed estate land purchased with money she that her husband was "a careless man­ had brought with her from Prussia, the ager, and was in debt and unable to sup­ court decided that she had no claim in ply the necessary wants of his wife." Nev­ equity—that getting a life estate in all of ertheless, the court held he was entitled ber husband's estate with the remainder to bis wife's earnings, saying that to let going to bis brothers and sisters was her have them to support herself and her enough for ber: "There is no pretense children would be a precedent under that such is not full and ample provision whicfi "every poor and virtuous man who for her support and maintenance; being may be sick, or for any cause unable to so, she has no ground of complaint." ''•'' work and provide his wife and children with necessaries, may be deprived en­ tirely of their services, and of all control ~- Folio 8 of piinled case and Appellants' biief in Folio over them." '' 29, Hamlin v. fanes, 79 Biie/s and Cci.ses nos. 16 and 18 (Wisconsin Supreme (^.ourt I.ibiary). '' Fuss v. Eus.s, 24 Wis. 256 (1869). '' Edson V Hayden, 20 Wis, 682 (186(i). 718. ONTROL was indeed the issue. The earnings of the indigent but frugal and C first laws were designed to protect a industrious wife and mother" as it had for married woman's property, but the price the property of more affluent married was giving ber some control over it. The women. The Neiv York Times s\)o\e of "fair constitutional debates of 1846-1847 play." showed that many inen considered the Gradually, over time, the stereotypes price too high, that it threatened their began to break down. Courts encoun­ status, their role in the family. tered married women in business for That human rights were involved was themselves and husbands working as clear from the early and recurring refer­ "agents" on farms bought and owned by ences to "slavery." Slowly the issue of their wives or in transactions involving justice crept into the debate. Fred Horn their wives' separate property. Less vis­ the politician said that his 1850 bill de­ ible, but at least as important, were the served support because "the principle increasing numbers of married women was right and just." Warren Chase the who earned and collected their own wages. Utopian called it "one of the first steps By its actions between 1850 and 1872, the toward a restoration and elevation of Wisconsin legislature opened the way for woman to ber proper condition." Luther change for women and men, and it par­ S. Dixon the jurist in 1863 challenged the ticularly helped married women on their legislature to provide protection for "the road to being recognized as legitimate

136 (2I:ARY: MARRIED WOMEN S PROPERIY RICHTS and respected participants in the eco­ The basis of this law is that each spouse nomic life of family and community. Over has an equal obligation in accordance time, in the eyes ofthe law, married women with his or her ability to contribute money began to come alive. or services to support the minor children A footnote to history. In 1984, a new or the other spouse. As the new law is generation ofWisconsin men and women careful lo spell oul: "Nothing in this chap­ decided to adopt a system of marital prop­ ter revives the common law disabilities on erty based on a theory of marriage as "an a woman's right to own, manage, inherit, economic partnership" and in part, ironi­ transfer or receive gifts of property in her cally, on the civil law and the community own name, to enter into contracts in her property law of Texas and some other own name, or to institute civil actions in states.^" While special attention was fo­ her own name." The statutory treatment cused on the contribution to the partner­ of earnings, however, is another matter ship of non-wage-earning spouses and altogether, for both wife and husband. making credit available to them, the fact Clearly, the vision of a wife as a depen­ was that by 1984 slightly more than one- dent under the control of ber husband, half the married women in the United or as a "slave" whose earnings belong to States were wage-earners, and married another, and of married women as civilly women rather than single women domi­ dead in the eyes of the law has been nated the female labor force. Under the replaced by a new concept of the married new law, a wife's earnings, like those of woman as a partner of her husband—a her husband, are marital property. This partner endowed with new rights but also means that, although she has control and charged with new responsibilities."" management ofher own earnings, in the absence of an agreement her husband owns an undivided one-half of them, and that all of them can be reached for family- '' Wis. Stat, chapter 766. purpose debts he has incurred. In some '*' Paper of Sen. Donald Hanaway, "An Overview of cases, moreover, this one-half can be Wisconsin's Marital Property Reform," in Marital Property Act: A Ccrmpilation of Materials (Wisconsin Legislative Ref­ reached by other creditors of his. erence Bureau, Information Bulletin 84-lB-l, May, 1984).

137 BOOK REVIEWS

The 'Timber Wolf in Wisconsin: 'The Death Thiel has helped importantly to secure a and Life of a Majestic Predator. By RICHARD home for the wolf here. In a peopled P. THIEL. (University ofWisconsin Press, landscape, wolves require not only suffi­ Madison, 1993. Pp. xxiv, 253. Notes, illus­ cient physical habitat, but a sufficient trations, bibliography, index, appendi­ margin of social, political, and even spiri­ ces. ISBN 0-299-13940-9, $45.00, cloth; tual space. That comes only through the ISBN 0-299-13944-1, .Si7.95, paper.) slow, contingent shaping of the human sense of wolves. And that in turn requires Wolves live in Wisconsin. In a world of some understanding ofthe history ofthe ever-diminishing wildness, this is no mean species within the landscape. In The Tim­ fact. Even in the "wild" west, wolves have ber Wolf in Wisconsin, Thiel adds to his been absent for decades, and are con­ previous contributions by providing an fined now to just a few small territories in account of "what happened to our state's the most remote mountains of Montana, wolves and how and why it happened." Idaho, and Washington. In Wisconsin, (Wisely, Thiel has chosen to include the the last of the native wolf population wolves of Michigan's Upper Peninsula in flickered oul in the late 1950's, joining his account.) the tall pines, passenger pigeons, bison, This book is the product of Tbiel's oak savannahs, and lallgrass prairies on diligence in collecting historical infor­ the state roster ofthe extinguished. That mation—anecdotes, published accounts, the wolf held on here for so long is ex­ archival references, oral histories—on the traordinary. That the wolf has been able biology, local occurrence, persecution, since the mid-1970's to reestablish itself demise, and recovery of wolves in Wiscon­ attests to the tenacity ofthe species—and sin. Most of this informatitm has been to the capacity of our species to tolerate, unavailable lo those interested in wolves value, and understand them. and the wild places they inhabit. Much of Over the last twenty-five years, no one il is the product of Tbiel's own research, in Wisconsin has done more lo enhance in particular his interviews with wolf bi­ that capacity than Dick Thiel. As an edu­ ologists, trappers, and others who were, cator and wolf biologist, and as a former in one way or another, part ofthe sad saga chair of the slate's wolf recoverv team. that ended on a county road in Bayfield

1.38 BOOK RIAIEWS

County in 1958 (the account ofthe death political siege. At the same time, pres­ of that "last" wolf is the book's most mov­ sures on the forests and on the solitudes ing and excruciating passage.) that wolves need are unlikely to subside. Thiel organizes his storehouse of facts The future of the species and its habitats into chapters on wolf biology; wolves in rests with those who, like Thiel, know in the changing Wisconsin landscape; the their hearts that, as much as wolves live in shifting relationships between people and Wisconsin, Wisconsin lives in its wolves. wolves; the trapping era; the bounty sys­ tem; the decades-old conflict between CURT MEINE deer management and wolf policy; the International Crane Foundaiion "secret wolf study" carried out by William Baraboo Feeney in the I940's (a particularly use­ ful chapter for conservation historians); and the ultimate loss of the aboriginal wolf population. In a brief epilogue, Thiel recounts the return of the wolf as a breed­ A Tale of Twin Cities or the Development ofthe ing species in Wisconsin in the 1970's Fox River Waterway. By ARVA LUTHER ADAMS, and 1980's. CARYL CHANDLER HERZIGER, and WINIFRED This structure works well in conveying ANDERSON PAWLOWSKI, editors. (Neenah the impressive record that Thiel has com­ Historical Society, Neenah, 1993. Pp. iv, piled, but it does not always lend itself to 244. Illustrations, maps, notes, bibliogra­ a smooth overall narrative. The reader phy. $25.00.) often yearns for contextual material to keep the pieces together and lo see them The emphasis in the last two decades as part of the larger drama of the evolu­ on the importance of public history and tion of conservation in the state and in the study of the history of local institu­ the United States. The book has other tions has included some effort to provide flaws. The interaction between wolves and standard methods of writing community Wisconsin's native peoples is only lightly history that respect the canon of the his­ explored. Similarly, the recovery of the torical method. But most local written wolf is given surprisingly short shrift (we commemorations, as valuable as they are can hope that Thiel, who knows the de­ in revealing the symbols that are part ofa tails of this recent history better than useable past in communities, demonstrate anyone else, will now record bis own work little in the way of a systematic design. as well as he has recorded that of others). This collection of essays on the early The future of the wolf and of the wild history of Neenah and Menasha, twin forests it requires, especially as revealed cities at the heart of a manufacturing by new concepts in conservation biology, region along the Fox River Valley ofWis­ is left untouched. Finally, the book suf­ consin, represents a long-standing genre fers from more than occasional editing of amateur local history. During the prepa­ failures. ration by the Neenah Historical Society Despite these flaws, Thiel's book is of a documentary drama entitled "A Tale essential reading for those interested in of Two Cities," presented in 1987, consid­ the past, present, and future of this spe­ erable research material was gathered. cies in particular, and of wild Wisconsin This collection had the aim of preserving in general. It gives cause for celebration, it. Twenty-one local authors produced if not comfort. Biologist David Mech notes twenty-eight short essays dealing with the in his foreword that the wolf has returned history of the region and the two cities to Wisconsin "as a direct result of the until 1856, a date seemingly with no par­ Endangered Species Act of 1973." That ticular significance in the story of the act is now up for renewal and under communities.

139 WISCONSIN M.AC.AZINE OF HISFORY WINTER, 1994-1995

If the Neenah Society had seen fit sim­ part of community patriotism and per­ ply to transcribe scrupulously primary haps thereby a legitimate historical en­ documents that had been collected, it terprise in the creation ofa useable past. could have provided a valuable contribu­ tion to historical scholarship. Significant CHARLES N. GUiVAB documents are, for example, included in University of Toledo Edward Noyes, "Huzzah for the West" and Howard Heeley, "H. Jones in State EDITORS' NOTE: The Magazine of History Supreme Court." Many of the essays are does not usually review reprints, but we readable enough, Noyes on the back­ would like to take this opportunity to call ground ofthe region, Nathan H. Wauda attention to Professor Glaab's Kansas City on "James Duane Doty," or a short piece and the Railroads: Community Policy in the of concrete social history, Charlotte H. Growth of a Regional Metropolis, originally Newby, "Daily Living in a New Land." published by the State Historical Society If one carefully wends his way through in 1962, which is again available from the assorted essays, the study will reveal from the University Press of Kansas in the central theme of the early history of both hardcover and paperback bindings. the twin cities—land-and-town specula­ tion and promotion on the American urban frontier. But a more coherent and systematic account of the early years of the cities is available. In the mid-sixties Gushing of Gettysburg: The Story of a Union the State Historical Society ofWisconsin, Artillery Commander. By KENT MASTERSON through a grant from the Ford Founda­ BROWN. (University Press of Kentucky, tion, sponsored a two-volume scholarly Lexington, 1993. Pp. xiii, 330. Illustra­ "urban biography" of Neenah-Menasha, tions, maps, notes, bibliography, index. which examined the relationship of the ISBN 0-8131-1837-9, S32.00.) two cities to an urbanizing valley, the first written by Alice E. Smith, who had earlier The Battle of Gettysburg. By COLONEL FRANK produced a fine biography of James Doty, A. HASKELL. (Chapman Billies, Sandwich, and the second, whose publisher is incor­ Massachusetts, 1993. Distributed by rectly cited here, by this reviewer and Trafalgar Square, North Pomfret, "Ver­ Lawrence H. Larsen. I would suggest that mont. Pp. XV, 139. Illustrations, maps. anyone wishing to relate the history of ISBN 0-939218-054, $21.95.) Neenah-Menasha lo the history of cily founding and urbanization in American A visitor to the stacks of the Society's will still turn to those volumes. library is likely to be struck by the shelves To provide that kind of study, how­ of books devoted to the battle of ever, was not the point of the effort rep­ Gettysburg, whose sheer quantity suggests resented here. The book can be viewed, the exhaustion of the subject. Yet in re­ with no condescension implied, as a com­ cent years fine monographs have been munity scrapbook and album to which added about specific parts of a battle local residents can turn to find comfort­ which has been popularly interpreted as able nostalgic reflection on their collec­ the turning point of the Civil War and on tive past. Towns of course have a dark its leading participants. The first of the side as demonstrated by Michael Lesy's books under review focuses on its subject's controversial study involving Black River role in the great Pennsylvania struggle. Falls, Wisconsin Death Trip (1973). But Alonzo Cushing's birth in Wisconsin may celebration of the positive and romantic make him of particular interest to read­ side ofthe history of one's own town and ers of this journal. The Cushings typified citv—as is done here—seems an essential those who did not succeed on the fron-

140 «i^-

«1**4J t 4l

vviii(x:!)4y:i()4 77J« Death of Lieutenant A. H. Gushing at the Bloody Angle, from the Chicago panorama of the Battle of Gettysburg.

tier (perhaps partly because of a family his military career in the Army of the tendency toward tuberculosis). Cushing's Potomac's artillery providing valuable widowed mother with ber children re­ insights into the role of that frequently turned to western NewYork. From there neglected branch of the army. In line the patronage of a relative who was a with the social history interests currently Know Nothing congressman secured for fashionable among military scholars, he Alonzo an appointment to West Point also examines in detail ethnic differences and one to Annapolis for his brother between the foreign- and native-born el­ William who would become a Civil War ements in the Union Army. He demon­ naval hero. Alonzo's biographer narrates strates that Gushing despite what Brown

141 WISCONSIN MAG.A.ZINE OF HISTOR\ WINTER, 1994-1995 calls his "nativist" background was able to both observation and leadership and lead effectively and win the admiration of whose education and literary experience a seeming legion of nationalities, includ­ fitted him to write in the form of a letter ing Germans and Irish. The author uses a well-composed narrative account ofthe Cushing's extended family and acquain­ whole battle, highlighting its third day. A tances among the military elite to bring classic oft reprinted, Haskell's work has out the Civil War's effects on many as­ won him a large following. As the under­ pects of American life. He has thoroughly signed was preparing to write this review, researched the records, locating he receivetl a call from a Pennsylvania Cushing's family papers, and has pro­ over-the-road trucker and Haskell admirer vided helpful illustrations and very clear who announced his intention of collect­ maps. While be is sometimes a bit overly ing some earth from Haskell's grave at speculative, he has written awell-balanced Portage and scattering it at the Angle on biography which tells in moving words all the battle's anniversary. (if not somewhat more) than anyone will The second volume under review is a need to know about Cushing's horrible version lightly edited by the present pub­ death while helping to repel the Pickett/ lisher of the text of Haskell's "letter" Pettigrew Charge. Falling behind his can­ printed by the Wisconsin History Com­ non just before Confederate General mission (1910). Some will regret the Lewis Armistead was mortally wounded omission of the latter edilions's tribute nearby at the head ofthe attack, Cushing's by J. A. Watrous which contains useful death became associated with the climac­ information about the 6tb Wisconsin. A tic struggle at the Angle on the battle of more serious objection is that the 1910 Gettysburg's third day, romantically called edition was based on the first printing in the "high water mark ofthe Confederacy." pamphletform ofthe Haskell essay (about Thus his death would become a detail in 1881) rather than upon Haskell's origi­ the great Gettysburg Cyclorama and epic nal manuscript. Because of this, the poet Stephen Vincent Benet would tell present work differs in several (mostly how he "held bis guts in his hand as the minor) ways from what Haskell himself charge came up the wall." Among the wrote. Those content with such a text authors who first highlighted the signifi­ may find this new printing to be a physi­ cance of the action in which Gushing cally attractive hardcover edition. diedwasanotherWisconsin soldier, Frank A. Haskell, whose position as a staff of­ FR,ANK L. BYRNE ficer gave him unusual opportunities for Kent State University

Book Reviews

.Adams et al,, A 'Lale of Twin Cities or the Development of the Fox River Watenvcn, reviewed b)- Charles N, Glaab '. 139 Brown, Gushing of Geltyslnirg: 'The Sloiy of ci Union Artillety Commiuider, rexiewed h\ F~rank L, Byrne '. , 140 Haskell, 77iP Battle of Gellyshurg, reviewed by Frank L, Byrne 140 Thiel, 'Lhe Timber Wolf in Wisconsin: lhe Death and Life of a Majestic Predator, reviewed bv Curt Meine 138

142 Accessions ducer/^erry Wb//^(I921-), incltidingscripls and videotapes for Air Power, A Tour of the Services for microfilming, xeroxing, and While House with Mrs. John F. Kennedy, Of pholoslaling all but certain restricted items Black America, and other productions; in its manuscript collections are provided some correspondence and production by the Society. material; exchanges with CBS executives; a history of the 334th Infantry in World General Collections War II; and other papers. Presented by Perry Wolff via Philip Plumer, NewYork, Papers, 1864-1992, of Lrhart Mueller New York. (1911-1992), a farmer and amateur local historian who wrote and collected mate­ Small Collections rial about the Town of Stimpler, Sauk County, including scrapbooks, notes, Camp Gusen depositions consisting of clippings, histories of area families, two typewritten accounts, 1945, of Nazi transcribed diaries, correspondence, and atrocities at an Austrian concentration photographs. Documented are local camp: one a confession by Franz Ziereis, cemeteries, churches, schot:)ls, organiza­ commander-in-chief of forty-five camps tions, and places, including the Badger including Gusen; the other by an uniden­ Ordnance Works. Also represented is re­ tified U.S. Army nurse. Photographs de­ search by Walter Doll. Most ofthe collec­ pict atrocities described in the nurse's tion is available on microfilm. Presented account. Presented by Eva and Martin by the Erhart Mueller Estate, Prairie du Deutschkron and Manfred Swarsensky, Sac. Restricted: One manuscript by Madison. Mueller is closed. Family certificates, obituaries, and newsclippings, 1859-1958, of J. Oswald Mass Communications and DellerperVdining primarily to his grandfa­ Performing Arts Collections thers, John J. Oswald, a Swiss immigrant to Lancaster, who was a musician in the Additions to the papers, 1929-1985, 3rd Wisconsin Infantry, a city council­ of Alvah Bessie (1904-1985), novelist, man (1878-1882), and member of the screenwriter, and one of the blacklisted state Assembly (1890); andjoseph Deller, Hollywood Ten, including correspon­ an 1851 German immigrant to Mineral dence, interviews, writings, and otlier Point where he became a merchant. Pre­ papers. Presented by the Bessie Estate via sented by Helen B. Deller, Sun City, Ari­ Dan Bessie. zona. Procter & GambleProduclionsTe\eVis\on Miscellaneous papers, 1917-1936, of Script Collection, 1955-1980, for the soap Maurice and Eleanor Johnson of Madison, operas The Guiding Light (1958-1979) and largely concerning the construction, As the World Turns (1957-1979) and for decorating, and landscaping of their numerous episodes of Make Room for home at 69 Cambridge Road, which was Daddy; The Danny Thomas Show (1959- designed by architect Frank Riley, and 1960),and7^A^/?zyZman( 1958-1959). Also correspondence and forms relating to included are a few production files for ber volunteer work for the Ainerican Red the two soap operas. Most of the collec­ Cross and other organizations during tion is available on microfilm. Presented World War I. Presented by Mrs. Carl by Procter & Gamble via Ed Rider, C^in- Runge, Maple Bluff cinnati, Ohio. (Partial restrictions on Miscellaneous papers, 1962-1967, use.) 1981, of Madison resident Douglas Schewe Addidons to the papers, 1945-1989, (1933-), including correspondence of television documentary writer/pro­ with the Pharmaceutical Manufacturers

143 WISCONSIN M.\(;AZINE OF HISTORY WINTER, 1994-1995

Association and others concerning pre­ by Herbert M. Schneider, and a typed scription drug advertising, the topic of copy of the Mormon Way Bill, a guide­ Schewe's masters thesis; an article by book of the time. Presented by Kathryn Schewe on Episcopal Church publications; Schneider, Madison, and Herbert responses from political leaders to his Schneider, Milwaukee, and by Mrs. Armin letters expressing bis opinions; and a ge­ Hoffman, Berlin; a transcript ofthe diary nealogy compiled by Ellen Hanusa, in­ located at Eau Claire Area Research Cen­ cluding details on Schewe's maternal an­ ter presented by David Nuesse, Eau Claire. cestors; presented by Mr. Schewe, Madi­ son. Microfilm Papers, 1851-1859, of Carl(Charles G.) Schneider, including a diary, 1852-1856, Papers, 1906-1910, of is. Murray Bruner, describing his journey from Milwaukee including diaries, letters, clippings, to California by covered wagon and work photographs, and other documents relat­ in the gold fields (original in German ing to Bruner's service with the Philip­ with a translation by Martha O. Nuesse); pine Constabulary, First Company a typed translation of his letters, 1853- Isabella; concerning bis trip from Ken­ 1859, to his family in Freistadt, prepared tucky to Manila and subsequent activities.

Alice E. Smith Fellowship

ELIZABETH E. HUM, a doctoral candidate in the history of science at the University of Pennsylvania, is the 1993-1994 recipient of the Alice E. Smith Fellowship. Ms. Hunt will use her award to do research on fluoridation initiatives in Wisconsin and will examine continuities between late nine­ teenth and early twentieth century sanitarian public health movements and the new public health campaigns that emerged in the 1920's. THE ALICE E. S.VIITH FELLOWSHIP, which carries an outright grant of $2,000, honors the former director of research at the State Historical Society of Wisconsin who retired in 1965 and died in 1992. The fellowship is awarded annually to a woman doing research in American history, with preference given to applicants who are doing research in the history ofWisconsin or of the Middle West. The choice of the fellow is made by a committee selected by the Society, which reserves the right not to award the fellowship in any given year. The applicant should submit four copies of a two-page, single-spaced letter of application describing her training in historical research and summarizing her cur­ rent research project. This description should include the proposal, types of sources to be used, possible conclusions, and the applicant's conception of the work's significance. Applications must be received by July 15 of each year and should be addressed to: Dr. Michael E. Stevens, State Historian, State Historical Society ofWisconsin, 816 State Street, Madison, Wisconsin 53706-1488.

144 ,AC(i;SSIONS

Originals loaned for copying by Ervin history projiect Documenting the Midwestern Bruner via Dan Doeppers, Madison. Origins of the Twentieth-Century Women's Scrapbook, 1850-1993, compiled by Movement, undertaken by students in the Selma MadsenDean (1894-1993), contain­ University of Wisconsin's Women's His­ ing photographs, clippings, and memo­ tory Program under the direction of Gerda rabilia from the Dean and Madsen fami­ Lerner, for the purpose of documenting lies of Scandinavia, Wisconsin. Included the contributions of midwestern women are a reminiscence by Dean of ber early to the women's movement of the 1960's life, education, and work as a school and exploring the connections between teacher, and several letters from her son the women's movements of the 1920's Robert, a career Air Force officer, con­ and 1960's. Presented by the interviewees taining bis views on the Cold War in 1953 and by Gerda Lerner and interviewers and observations after his arrival in Viet­ Patricia Calchina, Joyce Follet, Jennifer nam in 1967. Loaned for microfilming by Frost, and Marie Laberge. (Brief portions David Dean, Madison. are RESTRICTED.) Records, 1980-1985, of the National Recording of ajuly 30, 1950, speech by Black Independent Political Party, a political Senator Joseph R. McCarthy (1908-1957) party whose goals included social change, in Fond du Lac, including criticism ofthe economicjustice, and political self-deter­ Milwaukeejournal and comments on com­ mination f'or African-Americans, includ­ munists in the U.S. government. Found ing convention and meeting minutes, in collections. discussion and policy papers, clippings, Recorded and transcribed interview, press materials on the national organiza­ 1959, discussing the Mole Lake Battle, a tion and some of its local chapters, and conflict between the Chippewa and the speeches and writings of Manning Sioux at Mole Lake (later named Rice Marable and other leaders. Original pa­ Lake), ca. 1806. Participants in the inter­ pers presented by the Socialist Workers view who had been told of the battle by Party, New York, New York. older Native American relatives include Willard Ackley, Selmer Jacobson, F. R. Sound Recordings Nickerson, Alice Randall, Norma Smith, Tape-recorded interviews and tran­ Charles Van Zile, and Russell Williams. scripts, 1987-1992, generated by the oral Presented by Don Anderson, Madison.

145 Wisconsin History Checklist leaves. Illus. No price listed. Available from W'ilma Bolssen, 3140 Forest Run Way, Madison, Wisconsin 53704.) The Recently published and currently avail­ Bolssen family settled in the Green Bay able Wisconsiana added to the Society's area. Library are listed below. The compilers, Ccrald R. Eggleston, .Acquisitions Li­ brarian, and Susan Dorst, Assistant Acqui­ Bookstaff, Manning. Milwaukee Area Ne­ sitions Librarian, are interested in obtain­ crology, 1993. (Milwaukee, Wisconsin, ing infonnalion about (or copies of) items 1993\ 135 leaves. $125.00. Avaflable that are not widely advertised, such as pub­ from author, 2820 West Mill Road, lications of local historical societies, fam­ Unit G, Milwaukee, Wisconsin 53209.) ily histories and genealogies, privately printed works, and histories of churches, institutions, or organizations. Authors ancl Brieske, Helen E. Clements of La Crosse publishers wishing lo reach a wider audi­ County, Wisconsin, Descendants. (Black ence and also to perform a valuable biblio­ River Falls, Wisconsin, 1993. Pp. 96. graphic service are urged to inform the Illus. No price listed. Available from compilers of their publications, including author, N 4674 Hwy. 54 W, Black River the following information: author, title, Falls, Wisconsin 54615-9664.) location and name of publisher, dale of publication, price, pagination, and address of supplier. Write Susan Dorst, Acquisi­ Chaptman, Dennis. On Wisconsin! the Road tions Section. to the Roses. (Dallas, Texas, cl994. Pp. viii, 184. Illus. $18.95. Available from Taylor Publishing Company, 1550 West Mockingbird Lane, Dallas, Texas Albertz, Sally Powers. Fond du Lac County, 75235.) ' Wisconsin, 1862 Wall Plat Map Indexed. (Fond du Lac, Wisconsin, 1994? Pp. Economists at Wisconsin, 1892-1992, ed­ 77. Illus. $15.00 plus $1.50 postage ited by RobertJ. Lampman. (Madison, and handling. Available from author, Wisconsin, cl993. Pp. xxiv, 362. Illus. 168 South Royal Avenue, Fond du Lac, $30.00. Available from Department of Wisconsin 54935-5536.) Economics, Social Science Building, University of Wisconsin-Madison, Arendt, Norman. History of the Shorewood Madison, Wisconsin 53706.) Hills, Wisconsin Volunteer Fire Depart­ ment. (Madison, Wisconsin, 1994. Pp. Gehrke, Ellen, and Gehrke, Robert. Our 118. Illus. $37.00 plus $3.00 postage Wisconsin Families: an Unfinished Family and handling. Available from author, Sloty. (Silver Spring, Maryland, 1993. Shorewood Hills Village Hall, 1008 Fifth edition. Pp. v, 160. No price listed. Shorewood Boulevard, Madison, Wbs- Available from authors, 14208 consin 53705.) Sturtevant Road, Silver Spring, Mary­ land 20905.) Bischoff, Dawn M. A Bit ofBischoffs: a Look into lite Milwaukee Frederick Bischoff Line. 'Lhe Genesis of a History of First Congrega­ (Knoxville, Tennessee, 1994. 142, [7] tional Church, U. C. C. of Madison, Wis­ leaves. Illus. $20.00. Available from consin: Three Essays, edited by George author, 1536 Buxton Drive, Knoxville, H. Shands and Leslie H. Fishel, jr. Tennessee 37922.) (Madison,Wisconsin,I994. Pp.iv, 123. Illus. No price listed. Available from Bolssen, Suzanne, and Bolssen, Wilma. First Congregational United Church Bolssen, Vander Linden, Dunks, Adrians. of Christ, 1609 University Avenue, (Madison?, Wisconsin, 1994. xi, 77 Madison, Wisconsin 53705.)

146 WISCONSIN IIISTORY CI lECtQ J.S F

Goc, Michael. Just Plain Chet: the History of and handling. Available from Krause Publications. (lola, Wisconsin, Watertown Genealogical Society, P.O. cl992. Pp. 280. fllus. No price listed. Box 91, Watertown, Wisconsin 53094- Available from Krause Publications, 0091.) 700 East State Street, lola, Wisconsin 54990-0001.) Jefferson County, Wisconsin, Bride & Groom Index, Vol. E, 1852-1867. (Watertown, Graham, Gardiner A. Farming As I've Seen Wisconsin, 1994. Pp. 17. $7.00. AvaiL II: a Collection of Farm Family Memories. able from Watertown Genealogical (Roberts, Wisconsin, 1994. Pp. 87. Illus. Society, P.O. Box 91, Watertown, Wis­ No price listed. Available from author, consin 53094-0091.) 818 Highway 65, Roberts, Wisconsin 54023.) Johnson, Dwight A. "Fountain City May Have Talkie Shows": The Story of a Small Grant County Genealogical Society, Surname Town and Its Weekly Newspaper. (Foun­ Index, Volume II, May 1989-April 1993. tain City, Wisconsin, cl994. Pp. vii, 96. (Glen Haven?, Wisconsin, 1991. Pp. Illus. $6.50. Available from Fountain 126. $15.00 plus $2.50 postage and Cily Historical Society, P.O. Box 114, handling. Available from Grant County Fountain City, Wisconsin 54629 or Genealogical Society, c/o Helen Arlan Communications, P.O. Box 76, Mumm, Publications, 13272 Bluff Basking Ridge, New Jersey 07920.) Street, Glen Haven, Wisconsin 53810.) Jungwirth, Clarence "Inky". A History of Historic Northeast Wisconsin, a Voyageur the City of Oshkosh, Volume 2, the Early Guidebook, edited by Dean W. O'Brien. Years. (Oshkosh, Wisconsin, 1994. Pp. (Green Bay, Wisconsin, cl994. Pp. 160. 154. Illus. $15.00. Available from au­ Illus. $10.00. Available from Voyageur, thor, 2904 Oakwood Lane, Oshkosh, P.O. Box 8085, Green Bay, Wisconsin Wisconsin 54904-8437.) 54308.) Tenth anniversary issue of Voyageur: Northeast Wisconsin's Histori­ Kjendlie, Donna Long. Rock County Births cal Review. Book 4. (Janesville, Wisconsin, 1993. Pp. 54, [3]. $10.00. Available from au­ 'Fhe History ofthe Town of Ashippun, 1844- thor, 319 North Academy Street, 1994, 150 Years. (Oconomowoc?, Wis­ Janesville, Wisconsin 53545.) Cover consin, 1994. Pp. 192. Illus. No price title is Rock County, Wl, Births thru 1875, listed. Available from Ashippun History Book 4, 1993. Committee, ClaytonJ. Swanton, N1035 Hwy. P, Oconomowoc, Wisconsin 53066.) Koning, John W., Jr. Picking Up Bottles. (Madison, Wisconsin, cl994. Pp. 269. Hollinger, Dorothy J. Surname List from the Illus. No price listed. Available from Pedigree Charts ofthe Walworth County Ge­ author, 4013 Naheda Trail, Madison, nealogical Society, Walworth County, Wis­ Wisconsin 53711.) Biography of the consin, 1992-1993. (Delavan, Wisconsin, author's father, a minister in Wiscon­ 1994. Pp. 63. $6.50. Available from sin, Iowa, and Africa. Walworth County Genealogical Society, c/o Kay Drexler, 272 North Fremont, Langkau, David A. Civil War Veterans of Whitewater, Wisconsin 53190.) Winnebago County, Wisconsin, Volume I, A-H. (Bowie, Maryland, 1993. Pp. 378. Index to Wills, 1851-1949, Jefferson County, No price listed. Available from Heri­ Wisconsin. (Watertown, Wisconsin, tage Books, Inc., 1540-E Pointer Ridge 1994. Pp. 91. $12.50 plus $2.50 postage Place, Bowie, Maryland 20716.)

147 WISC;ONSIN .MAGAZINE OF HISTORY WINTER, 1994-1995

Marriages for Grant County, 1914-1932, Index Rapids Corporation, Rt. 3, County Hwy. Book 5A. (Glen Haven?, Wisconsin, MM, P.O. Box 437, Shawano, Wiscon­ cl991. Pp. 126. $15.00 plus $2.50 post­ sin 54166-0437.) age and handling. Available from Grant County Genealogical Society, c/o Saucerman, Greg. Summer Enchantment: Helen Mumm, Publications, 13272 the History of Twin Lakes. (Twin Lakes, Bluff Street, Glen Haven, Wisconsin Wisconsin, Western Kenosha County 53810.) Historical Society, cl994. Pp. 215, [20]. Illus. $15.00. Available from Twin Lakes Miller, Willis H. Bits and Pieces of Hudson History Book, P.O. Box 883, Twin History. (Hudson, Wisconsin, 1994. Pp. Lakes, Wisconsin 53181.) 28. Illus. $5.95. Available from Star- Observer, Box 147, Hudson, Wiscon­ Seventy-Five Years of Farm Bureau in Wiscon­ sin 54016.) sin. (Madison, Wisconsin, cl994. Pp. 80. Illus. No price listed. Available from Munnell, Michael D. American Indian Wisconsin Farm Bureau Federation, Marriage Record Directory for Ashland 7010 Mineral Point Road, P.O. Box County, Wisconsin, 1874-1907. (Duluth, 5550, Madison, Wisconsin 53705.) Minnesota, cl993. Pp. xxvi, 279. Illus. $35.00 plus $4.00 postage and han­ Stafford, Linda Berg. The Tangney & Day dling. Available from Chippewa Heri­ Families of Adams County, Wisconsin. tage Publications, P.O. Box 16736, (Baltimore, Maryland, Gateway Press, Duluth, Minnesota 55816-0736). 1993. Pp. xii, 692. Illus. $40.00. AvaiL able from author, P.O. Box 5261, O'Brien, P. M. The Spring Brook Saga: the Bloomington, Indiana 47407.) Settlement and Growth of Flastern Dunn County. (Eau Claire, Wisconsin, 1994. Telander, Rick. From Red Ink lo Roses: the Pp. 123. Illus. $8.95. Available from Turbulent Transformation of a Big Ten author, 7213 Edgewater Court, Eau Program. (NewYork, NewYork, cl994. Claire, Wisconsin 54703.) Pp. xi, 305. Illus, $22.00. Available from Simon & Schuster, Rockefeller Cen­ Pastorius, Linda C. (Hamele). Hameles in ter, 1230 Avenue of the Americas, New America. (Bountiful, Utah, Family His­ York, NewYork 10020.) University of tory Publishers, 1994. Pp. xxxix, 1159. Wisconsin-Madison athletics over the Illus. No price listed. Available from last four years. author, 32065 Mt. Vernon, Rockwood, Michigan 4817.3-9650.) Visser, Kristin. Acorn Guide to Door County. (Madison, Wisconsin, cl994. Pp. xiv, Podoll, Brian A. Prussian Netzelanders and 110. Illus. $9.95 plus $ .65 postage and Other German Immigrants in Green Lake, handling. Available from Prairie Oak Marquette & Waushara Counties, Wis­ Press, 821 Prospect Place, Madison, consin. (Bowie, Maryland, 1994. Pp. Wisconsin 53703.) 241. Illus. $33.00 plus $3.00 postage and handling. Available from Heritage Visser, Kristin. Wisconsin Trivia. (Nash- Books, 1540-E Pointer Ridge Place, viUe, Tennessee, cl994. Pp. 192. $5.95. Bowie, Maryland 20716.) Available from Rutledge Hill Press, Inc., 211 Seventh Avenue North, Nash­ Putz, George J. The Shawano Paper Mill, ville, Tennessee 37219.) Centennial, 1894-1994. (Shawano, Wis­ consin, cl994. Pp. vi, 106. Illus. No Wallau, Wendel. The Ledger - Diary of price listed. Available from Little Wendel Wallau, 1853-1859, translated

148 WISCONSIN HISTORY CHECKI .EST

and edited by Karyl Enstad [8]. Illus. No charge. Available from Rommelfanger. (Manitowoc?, Wiscon­ Division of Motor Vehicles, Bureau of sin, cl993. 1 vol. Illus. No price listed. Vehicle Services, 4802 Sheboygan Av­ Available from editor, 4824 Morgan enue, P.O. Box 7909, Madison, Wis­ Drive, Manitowoc, Wisconsin 54220.) consin 53707-7909.) Wallau was a German immigrant who farmed in Manitowoc County. Wisconsin's Role in World WarII. (Madison, Wisconsin, 1994? Pp. 24. Illus. No price Wallman, Charles J. Built on Irish Faith: listed. Available from Steve Olson, Pub­ 150 Years at St. Bernard's. (Watertown, lic Relations Director, Wisconsin De­ Wisconsin, 1994. Pp. xv, 648. No price partment of Veteran Affairs, P.O. Box listed, Available from Mallach's Book­ 7843, Madison, Wisconsin 53707-7843.) store, 107 North Third Street, An educational guide intended for Watertown, Wisconsin 53094.) teachers. Will, Tracy. Wisconsin. (New York, New York, Fodor's Travel Publications, Inc., Women Remember the War, 1941-1945, ed­ cl994. Pp. 315. Illus. $16.95 plus $2.00 ited by Michael E. Stevens. (Madison, postage and handling. Available from Wisconsin, 1993. Voices ofthe Wiscon­ Random House, Inc., 400 Hahn Road, sin PasL Pp. X, 157. nius. $7.95. AvaiL Westminster, Maryland 21157.) able from Publications Orders, State Historical Society of Wisconsin, 816 Wisconsin Auto License Plate History, 1905- State Street, Madison, Wisconsin 1993. (Madison, Wisconsin, 1993. Pp. 53706.)

Editing Institute

The twenty-fourth annual Instimte for the Editing of Historical Docu­ ments is scheduled for June 18-29, 1995, in Madison. Jointiy sponsored by the National Historical Publications and Records Commission (NHPRC), the State Historical Society ofWisconsin, and the University ofWisconsin, the Instimte vdll provide detailed theoretical and practical instruction in docu­ mentary editing and publication. The Institutes have been extraordinarily productive, providing training to 383 participants to date. Of these, sixty-four are heading or have headed important documentary publication projects and many others have worked as full-time historical editors. Institute graduates also include college and university faculty, editors of state historical publications and staff editors of other publications, archivists, university manuscript librarians, government historians, and graduate students from many tiniversitities. The fifteen to eighteen interns meet everymomingfor lectures by experienced editors, and in the afternoon they attend workshops or spend the time working on their own editing projects. Three resident advisors are available at all times for individual consultation during the term of the Institute. Application to the Institute is competitive, with numerous applicants eveiy year from all over the country. Further information and application forms are available from the NHPRC, Room 607, National Archives (Arch I), Washington, DC 20408 (phone 202-501-5610). Application deadline is March 15, 1995.

149 Proceedings of the One Hundred and Forty-eighth Annual Business Meeting of the State Historical Society ofWisconsin, 1993-1994

Dieest of Board Actions

At Madison, October 29, 1993 Accepted the Executive Committee recommendation to agree to a change in Approved the minutes of the June 3, the Historic Sites Foundation bylaws to 1993, meeting at Lake Geneva; add one (1) additional. Board of Cura­ Approved the Lease Management tors-elected member to its Board and to Agreement with Historic Sites Founda­ provide the ex-officio Director ofthe State tion, Inc., incorporating modifications to Historical Society voting privileges; items 1, 12, and 15; Elected Mrs. Renee Boldt of Appleton Approved a modest increase in mem­ as a member ofthe Historic Sites Founda­ bership dues as specified in the Commit­ tion Board of Directors effective immedi­ tee report; ately for a term ending December 31, Approved the application for affilia­ 1994, or until her successor is duly elected; tion ofthe Almond Historical Society (Por­ Approved the applications for affilia­ tage County) and the Ashwaubenon His­ tion of the Boscobel Area Heritage Mu­ torical Society (Brown County); seum (Grant County) and the Wisconsin Approved the requests for continu­ Marine Historical Society (Milwaukee ance of affiliation (end of probationary County), waiving the four-year probation­ period) of Cedarburg (Cultural Center ary period for the latter; (Ozaukee County) and Dr. Kate Newcomb Approved the applications for con­ Museum, Woodruff Historical Society and tinuance of affiliation (end of probation­ Library, Ltd. (Oneida County); ary period) for the Elroy Area Historical Approved the Archives Mass Commu­ Society (Juneau County) and the Foun­ nications Collecting Policy; tain City Area Historical Society (Buffalo Approved the deaccession of certain County); objects from the collections of the Approved the State Relations Com­ Madeline Island Historical Museum. mittee action to recognize the valuable contribution to Wisconsin history made At Middleton, February 25, 1994 by prolific authors for a body of work of not less than three books, decided by the Accepted the President's recommen­ committee, without need for an award dation to elect Mrs. Sharon Leair, Genesee given any year, and requiring a ten-year Depot, to fill the unexpired term held by lapse before the author becomes eligible Mr. Luke Beckerdite on the Board of again; Curators (the term expires at the Annual Approved the revised Collections Meeting, 1996, or until a duly elected Policy of the Historic Sites Division with successor takes office); the above noted clarifications;

150 PROCEEIIINCS: 1993-1994

Accepted the 1993 Museum (Collec­ tion of the New (ilarus Historical Society tions Report; (Green County) and that the probation­ Accepted the 1993 Historic Sites (Cob ary period be waived and approved the lections Report; continuance of affiliation (end of proba­ Adopted the Division of Historic Pres­ tionary period) ofthe Sterling North So­ ervation Strategic Plan; ciety, Ltd. (Rock County); Approved a resolution honoring Mr. Elected Mr. Robert S. Zigman, Howard Kanetzke's service to the Society; Mequon, who served on the Board of Approved a resolution honoring Mrs. Curators from 1967 to 1976, to Curator Sondra Shaw's service to the Society. Emeritus status; Approved Resolutions of Appreciation At Stevens Point, June 17, 1994 for Representative Lary Swoboda, Mr. R. David Myers, Mrs. Nancy Allen, and sena­ Approved the minutes ofthe October tors and representatives who have been 29, 1993, meeting at Madison and tfie supportive of the Society; February 25, 1994, meeting at Middleton; Approved Friday, October 21, 1994, Approved the applicatit^n for affilia­ as the date for the fall Board meeting.

The William Best Hesseltine Award

THE TwKN'iv-EiGHTii ANNLAL Williatn Best Hesseltine Award for the best article to be published in the Wisconsin Maga­ zine of History during 1992-1993 was given to Patricia (i. Harrsch for ber article '"This Noble Monument'; The Story of the Soldiers' Orphans' Home," in the Winter, 1992-1993, issue. Established in memory ofthe past president of the State Historical Society ofWisconsin and distinguished Univer­ sity of Wisconsin professor, The William Best Hesseltine Award consists of $100. There is no deadline for submis­ sions, and manuscripts may relate to the history ofWiscon­ sin and the Middle West or to themes of larger national interest. A retrospective on Professor Hesseltine appeared in the Winter, 1981-1983, issue ofthe Magazine. The editors ofthe Magazine wou\d like to acknowledge the long and valuable service of Allan G. Bogue, Richard N. (Current, and Reginald Horsman as the judges of the Hesseltine Award.

151 Historic Sites Foundation

N 1960 the Historic Sites Foundation was established I as a private, non-profit corporation for the sole pur­ pose of assisting the State Historical Society's historic sites program at Baraboo. It currently serves as the management corporation, for the Society, of the Circus World Museum in Baraboo. The Foundation's Board includes members of the Society's Board of Curators as well as distinguished citizens with an interest in circus history and in the Society itself. Its sources of income are Circus World Museum admissions and related revenue, gifts, and grants. Gifts to the Foundation are tax-deductible.

Officers

JOHN C. GOOD.\I,L, JR., President H,\RRY F. FRANKE, Secretary FRED A. RISSER, Vice-President JAMES L. KIEEEER, Treasurer

Board of Directors

Term Expires 1994 Term Expires 1995 RENEE BOI.DL JOHN C. GOODALL, JR. Appleton Northbrook, Illinois HARRY F. FR.\NKE FRED A. RISSER Milwaukee Madison JAMES L. KIEEEER WAYNE MCGOWN Baraboo Madison FRED D. PEENING III JA.MES R. UNDERKOELER Columbus, Ohio Middleton CAROL SKORNICIV.\ Madison

C. P. Fox^+ Baraboo M,\YOR DEAN STEINHORST Baraboo WILLIAMJ. HARDER Baraboo

Ex Officio H. N1CH01..AS MULLER III Madison Director, Stale Historical Society of Wisconsin

*^Serves at pleasure of Governor

152 Wisconsin History Foundation

STABLISHED in 1954 as a private, non-profit corpora­ E tion, the Wisconsin History Foundation has the sole purpose of assisting the State Historical Society in ways mutually agreed upon by the Foundation's Board and the Society's Board of Curators. This assistance supports a wide range of activities for which no public or unbudgeted private funds are available, including research projects, television programs, publications, professional education of staff, and building construction at our historic sites. The Board of the Foundation includes members of the Society's Board of Curators as well as other distinguished citizens interested in the history ofWisconsin and in the objectives ofthe Society. The Foundation derives its chief source of income from gifts and grants. Donations to the Foundation are tax-deductible.

Officers

RocKNE G. FLOWERS, President H. NICHOLAS MULLER III, Secretary GLENN R. COATES, 1st Vice-President MRS. JOHN E. DUCKLOW, Assistant Secretary MRS. PETER D. HUMLEKER, JR., W. PHARIS HORFON, Assistant Treasurer 2nd Vice-President and Assistant Secretary RHONA VOGEL, Treasurer

Board of Directors

Term Expires 1994 Term Expires 1995 Term Expires 1996

GLENN R. COALES DON R. HERRLING BRUCE BLOCK Racine Appleton Milwaukee W. PHARIS HORTON GEORGE H. MILLER ROGKNE G. FLOWERS Madison Ripon Madison MRS. PETER D. HUMLEKER.JR. WILLIAM SHARE GARY P. GRL;NAU Fond du Lac Glendale Milwaukee RoY C. LABUDDE GER.ALD D. VLSLE RHONA VOGEL Milwaukee Wausau Brookfield ROBERL B. L. MURPHY ROBERT S. ZIGMAN Middleton Milwaukee MRS. CAROL TOUS.SALNL Madison

Llx Officio DR. FANNIE E. HICKLIN, Madison, President, Stale Historical Society of Wisconsin

15! 1993-1994

Revenues (Actual)' Total $14,294,560

State Appropriations Earned Income $9,148,469 $.3,472,911

Federal Grants and Contracts $1,003,101

Ciifts, Donations, Endowments $670,079

*Based on preliminan, \ ear<'nd financial infonnation

Expenditures (Actual) Total $14,294,560

Historic Sites .784,681 Historic Fresen'ation $1,724,3.^2 Microfilm Lab $244,348 Executive Office 354,212 State Relations .511,011

Archives Debt Service $1,.380,633 202,228

Physical Plant $390,096 Editorial and Research $421,664 Administrative Management Support Services Senices $569,259 $528,122 1994-1995

Revenues (Budgeted) Total $14,838,200 Earned Income ,208,400 State Appropriations $9,926,500

Federal Grants and Contracts $824,100

Gifts, Donations, Endo-wmenLs $879,200

Expenditures (Budgeted) Total $14,838,200

library $1,928,800

Historic Sites $3,070,800 Historic Prcsen'ation $1,769,400

Microfilm lab $258,000 Executive Office $382,700 State Relations $549,900 Archives $1,462,000 Debt .Serrice $957,200

Physical Plant $420,700 Editorial and Research ,400 dministrative Services 13,300 Management Support Serrices $567,600 UNITED STATES Statement of Ownership, Management, and Circulation POSTAL SERVICETU (Required by 39 U.S.C. 3685)

1. Publication Tltla 2. Publication No. 3. Rling Date Wisconsin Magazine of History 0 0 4 3 - 9 9 9 8 9/30/94

4. Issua Frequency 5. No. of Issues Published 6- Annuai Subscnpticxi Pnce Quarterly Annually A 25.00

7. Complete Mailing Address of Known Office of Publication (Street. City, County, State, and ZIP-^4) (Not Pnnler) 816 State Street, Madison, Wl 53706-1488

a. Complete Mailing Address ot Headquarters or General Business Office ot Publisher (Not Printer) 816 State Street, Madison, Wl 53706-1488

9. Full Names and Complete Mailing Addresses of Publisher. Editor, and Managing Editor IDo Not Leave Blank) Publisher (Name ana Complete totalling AdCress) State Historical Society of Wisconsin, 816 State Street, Madison, Wl 53706-1488

Editor (Name and Complete t/tailing Address) Paul H. Hass, same as above

Managing Editor (Name and Complete /vlajling Address)

10. Owner (It owned tiy a corporation, its name and address must be stated and also immediately Itierealter ttie names and addresses of stocl&ioldefs owning or holding 7 percent or more ot me total amount of stoclf. If not owned by a cocporation. me names and aadresses of ttie Individual owners must be given. It owned by a partnership or other unincorporated finri, its name and address as well as that at each individual must be given. If the publication is fXJbtished by a nonprofit organization, its name and aOdress must be stated.) (Do Not Leave Blank.) Full Name Complete Mailing Address State Historical Society of Wl 816 State Street Madison, Wl 53706-1488

11. Known Bondholders. Mortgagees, and Other Secunty Holders Owning or Holding 1 Percent or More of Total Amount of Bonds. Mortgages, or Other Secunties- If none, check here. O Nona Full Name Comc3lete Mailing Address

None

12. For completion by nonprolit organizations authorized to mail at special rates. The purpose, lunction, and nonprofit status ot this organization arxl me exempt status lor federal income tax purposes: (Check one) Q Has Not Changed During Preceding 12 Months Q Has Changed Dunng Preceding 12 Monins (It changed, publisher must suomit explanaiion of change with this statement)

PS Form 3526, October 1994 (See Instructions on Reverse) 13. Puoiicalion Name 14 Issue Date lor Circulalion Data 3elov» Wisconsin Magazine of History 15. Extent and Nature of Circulation Average No. Copies Each Issue Actual No. Copies of Single Issue During Preceding 12 Months Published Nearest to Filing Date

a. Total No. Copies (Net Press Run) 6,000 6,000 b. Paid and/or Requested Circulation (1} Sales Through Dealers and Garners. Street Vendors, and Counter Sales (Not Mailed) (2) Paid or Requested Mail Subscnptions 4,318 (Include Advertisers' Proof Copies/Exchange Copies) 4,318

c. Total Paid and/or Requested Circulation (Sum of 15b(l) ana l5b(2)) 4,318 1 4,318

d. Free Dislnbution by Mail (Samples. Complimentary, and Other Free) 656 656

e. Free Distnbution Outside the Mail (Carners or Other Means)

f. Total Free Distnbution (Sum of I5d and I5e) 656 656

g. Total Distnbution (Sum of 15c and ISf) 4,974 4,974

h. Copies Not Distnbuted 1 ,026 (1) Office Use. Leftovers, Spoiled 1 ,026

(2) Return from News Agents 0 0 i. Total (Sum of tSg. t5h(1). and 1Sh(2)) 6,000 6,000

Percent Paid and/or Requested Circuladoo (ISc/ISgx 100)

16$This statement of Ownership ftnll be pnnted in the autultin issue of this publication. D Check box if not required to publisJi.

Business Manager, or Owner Date /o, I certify that all information lurnished on ttiis form is true and complete. I understand that anyone who furnishes false or nnsieaolng information on ttiis form or who omits matenal or information requested on the form may be subject to cnminal sanctions (including tines ana impnsorment) and/or civil sanctions (Incluamg multiple damages and civil penalties).

Instructions to Publishers

1. Complete and file one copy of this form with your postmaster on or before October 1. annually. Keep a copy of the completed form for your records. 2. Include in items 10 and 11, in cases where the stockholder or secunty holder is a trustee, the name of the person or corporation for whom lhe trustee is acting. Also include the names and addresses of individuals who are stockholders who own or hold 1 percent or more of the total amount of bonds, mortgages, or other securities of the publishing corporation. In item 11, if none, check box. Use blank sheets if more space is required.

3. Be sure to furnish all information called for in item 15. regarding circulation. Free circulation must be shown in items 15d, e. and f. 4. If the publication had second-class authorization as a general or requester publication, this Statement of Ownership, Management, and Circulation must Oe published; it must be pnnted m any issue m October or the first printed issue alter Octooer. if the publication is not published dunng October 5. In item 16, indicate date of the issue in which this Statement of Ownership will be pnnted. 6. Item 17 must be signed. Failure to lite or publish a statement ol ownerstiip may lead lo suspension ol second-class authonzation.

PS Form 3526, October 1994 (Reverse) Corporate Sponsors

LANDS' END, INC. Dodgeville AAI. MADISON GAS AND ELECIRIC C(5MPANY Appleton Madison ADM.WCO, INC. MARQUETTE ELECTRONICS FOUNDATION Ripon Milwaukee THE ALEX.AXDER COMP.WIES MARSHALL ERDMAN AND ASSOCI.ATES, INC. Madi.son Madison AMERICAN FA.\IIL\- IX,SL-R.\N(-,E GROUP MARSHALL & ILSLEY FOUNDATION, INC. Madison Milwaukee A,MERITE(:H MENASHA CORPORATION FOUND.ATION Milwaukee Neenah APPLETON MILLS FOLNDATION NELSON INDU.STRIES, INC. Appleton Stoughton BANTA CORPORATION FOLNDATION, INC.. NORTHVreSTERN MUTLAL I.IEE INSLRANCE COMPANT Menasha Milwaukee J. I. CASE PARKER PEN USA LIMITED Racine Janesville CONSOLIDATED PAPERS FouNDAtioN, INC. PLEASANT COMPANY Wisconsin Rapids Middleton CREATINE FORMINC;, INC. RACINE FEDERALLD, INC. Ripon Racine J. P. CULLEN AND SONS, INC. RAYOVAC CORPORAIION Janesville Madison CLNA MUTL.\L INSLR\N(;E GROLP CHARIIABLE FOLNDATION, INC. RIPON FOODS, INC. Madison Ripon DEAN MEDICAL CENLER RiRAi. INSLRXNCL COMPANIES Madison Madison CARL AND ELLSABLIH EBERBACH FOUNDATION TRAPPERS TURN (iouE COLRSE Milwaukee Wisconsin Dells FIRSTAR BANK OE MADISC^N TWIN DISC, INCORPORMED Madison Racine FIRSLAR BANK OE MILWALKEE UNITED WLSCONSIN .SER\I(T;S FotNiivriON, IN(.. Mihvaukee Milwaukee GENERAL CASLALT\- INSLRANCT: CXIMPANIES "VALI.E'I- BANK Sun Prairie Madison GERE CORPORATION WISC-TV3 Janesville Madison GOODMAN'S, INC. WAI.(;REENS Madison Madison GRUNAU COMPANI, INC. WEBCRAEIERS-FRAILSCHI FOLNDALION, INC. Milwaukee Madison HARI.EY-DWIDSON, INC. THE WEST BEND COMPANN Milwaukee West Bend THE HOUSE ON THE ROCK WiNDW.W FOLND.VLION, IN(.. Spring Green Sheboygan INTREPID CORPORATION WI.SCONSIN ENERCYCORPOR-MION FOINDAIION, INC. .Milwaukee Milwaukee S.C. JOHNSON WAX WLSCONSIN NALLRAL GAS (>)\IPAN\- Racine Racine JOHNSON CONLROLS FOLNDATION WLSCONSIN PHYSICIANS SER\-ICE Milwaukee Madison JOURNAL/SENTINEL INC. WLSCONSIN POWER & LuniL ('OMPANY- Milwaukee Madison JLPITER TR.ANSPORTAriON COMRXN^- WISCONSIN SI VLE JOURNAL/THE CAPIIAL TIMES Kenosha Madison KOHLER CO. Kohler

158 Patrons DEAN M. CONNORS THOMAS MOUATJEEERIS II Madison Janesville RICHARD N. CIRRENE RUTH DE YOUNG KOHLER South Nadtk, Massachusetts Kohler GER,\LDINE DRLSCOLL FRANK SHUTTUCK Winneconne Neenah ROBERT H. IRRMANN MR. AND MRS. D.\\ ID SIUCKI Madison Madison MRS. K. W.JACOBS,JR. GER,\LD AND MARION VLSIE Hartford Wausau

Fellows RICHARD N. CURRENT ROBERT C. NESBIT Massachusetts Washington .MERLE CURLI WILLIAM F. THOMPSON Madison Madison

Curators Emeritus E. DA\'1D CRONON Hov\-ARD W. MEAD Madison Madison JANET HARTZELL ROBERT B. L. MURPHI' Grantsburg Middleton NATHAN S. HEEEERNAN PHYULIS SMYTHE Madison Milwaukee ROBERT H. IRRMANN Robert S. Zigman Madison Mequon HELEN JONES Fort Atkinson Life Members

EDWARD P. ALEXANDER ROY C. LABUDDE J. R. AMAt;KER Ai.ERED A. LAUN III EMMELINE A.NDRUSKE\'ICZ JOHN I. L,AUN HELEN C. A.NDRUSKE\'ICZ C. LUKE LEITER.VIANN DENNIS ANTONIE MARVIN MAASGH MARION KLEHL APPLEC;-ATE DR. EUGENE I. MA)EROWICZ MR. AND .MRS. T. FRED B.AKER C. L. MARQUETTE DR. AND MRS. IRA L. BALDAIIN MARY C. MARTIN LUCA'ANN GRIEM BESS ANNABEL DOUGLAS MCARTHUR MR. .AND MRS. ROBERT E. BILLIN-C;S BESSIE MELAND MR. AND MRS. O. C. BOLDT F. O. MINTZLAEF IRENE DANIELL BOSSE MR. AND MRS. JOHN H. .MURPHY PAUL L. BRENNER JOHN T. MURPHY LOUIS H. BURBEY MR. AND MRS. ROBERT B. L. MURPHY THOM.AS E. CAESTEC^KER MR. AND MRS. G. P. NE\ITT CHARLOTTE D. CHAPMAN DR. AND MRS. E.J. NORDBY MRS. FRANCISJ. CONWAY MRS. L. B. PECK LOUISE H. EUSER MRS. A.J. PEEKE MRS. JOHN E. FORESTER MR. AND MRS. LLOYTI H. PETITT MR. AND MRS, WALTER A. FRAL TSCHI JOHN J. PHILIPPSEN PAUL W. GATES MRS. JOHN W. POLLOCK ANITAJ. GLIENKE MR. AND MRS. LEWIS .\. SIBERZ TERRY L. HALLER MR. AND MRS. PHILIP T. SILLMAN TOM AND NAN(Y' HANSON MRS. Ct.AUS SPORCK W1LLIA.M K. HARDINC JOHN STEINER THO.VLAS E. H.AW.S FRED J. STRONC; JOSEPH F. HEIL, SR. MRS. MILO K. SWANTON E.ARLE HOLMAN DUANE AND SARA VETTER GERALD E. HOLZMAN MRS. WILLIAM D. VOC;EL MRS. PETER D. HU.MLEKER, JR. WALTER L. V

CATHERINE B. CLEARY, a native of Wiscon­ sin, holds a bachelor's degree from the University of Chicago and a law degree JA\ COOMBS is a freelance writer who par- from the University of Wisconsin. She ticipateti in the State Hi.storical Society of retired in 1978 as chairman and chief Wisconsin's Community Historians in executive officer of the First Wisconsin Resitjence Project in 1983. Subsequently, Trust Company, Milwaukee, and since her papers on the health and social wel­ then has embarked upon another career fare of early Central Wisconsin settlers as researcher and writer. From 1978 to have been published in the Wisconsin 1981 she taught at the School of Business Magazine of History, the Bulletin of the His­ Administration at the University of Wis­ tory of Medicine, and the Journal of Family consin-Milwaukee. More recently she has Histcrry. Coombs is currently writing her audited courses at UW-M and under­ third book, a work that examines the taken research in Wisconsin legal history. development of health maintenance or­ Her study of Lavinia Goodell, Wisconsin's ganizations in America. A long-time li­ first woman lawyer (published in the brary advocate, (xiombs now serves on Magazine, Summer, 1991), won the Will­ the Wisconsin Library and Services Con­ iam Best Hesseltine Award for 1990-1991. struction Act Advisory Committee and a She wrote the first draft of the present newly created Taskforce on Interlibrary study for a seminar on gender and history Loan. After living in Marshfield for nearly given by Professor Walter B. Weare of the thirty years, she and her husband moved University of Wisconsin-Milwaukee, to Madison two years ago when he re­ whose help and encouragement she grate­ tired. fully acknowledges.

160 THE BOARD OF CURA TORS

TMOMVS H. BARLAND FANNIE E. HICKI IN Eau Claire Madison JANE BERNiiARivr RICHARD H. HOLSCHER Cassville Milwaukee PATRICIA Bm.t MRS. PEIER D. Ht MI EKER, JR. La Crosse Fond du I.ac F.I.BERT S. BOHI.IN DAVID JANKOSKI Mineral Point Stanley DAVID E. CI.ARENBACH TllOM.VS Moi vrjEEERis II Madison Janesville GLENN R. COATES R.\sMt s B. A. KAI NE.s Racine Eagle JOHN M. COOPER, JR. Ri rii DE Yoi N(i KOHIER Madi.son Kohler HARRY F. FRANKE .SHARON I.E.MR .Milwaukee Genesee Depot SiEPiiEN FREESE VIRGINIA MACNEIL Dodgeville Bayside PAL 1. C. GARTZKE GEORC^E H. MILLER Madison Ripon LvNNE GOLDSTEIN JERRY PIIII i IPS Whitefish Bay Bayfield RICHARD A. GROBSCHMIDT MARY CONNOR PIERCE South Milwaukee Wisconsin Rapids GRE(;t; GlTllRiE FRED A. RISSER I.ac du Flambeau Madison VIVIAN GUZNICZAK BRIAN D. RI DE Franklin Coon Valley CHARLES E. HA^VS MAR^ SAIIIER la Oosse New Richmond BEITE HAYES GER.\LD D. VisiE De Pere Wausau

JENNIFER EA(;ER EHLE, President, Friends of tlie .Strife Historical LAHREN(,E BEHLEN, I'resident ofthe Wisconsin Council for Local Sorifly of Wisconsin History R(H:KNE G. Fi.tmTRS, l^esident ofthe Wisconsin Uistirry Foundation

Board ofthe Friends ofthe State Historical Society of Wisconsin

JENNIFER EA<;ER EHLE, Evansville NAN(Y EMMERT, Madison President Treasurer BARBAR\J. K.AISER, Madison NAN(\ Ai.iEN, West Bend Vice-President Past President C.AR01 K. PETERSEN, Elkhorn .S>rrr'/r/rv' THE HISTORICAL SOCIETY SHALL promote a wider appreciation of the American heritage with particular emphasis on the collection, advancement and dissemination of knowledge of the history of Wisconsin and the West. —Wisconsin Statutes, Chapter 44

Standing in line to see Walt Disney's The Sliaggy Dog at the New Adler ThecUer in Marshfield in the late 195()'.s. An article on the Adler family's movie house empire begins on page 83. All photographs in this cirticle acknowledged in the author's note. IsbsS

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