Roberta West Nicholson – The Indiana History Blog

Subversion and Solidarity: A Pre-Roe History of Abortion in the Midwest

Chichester’s English Pennyroyal Pills advertising pamphlet, ca. 1887. New-York Historical Society Library, Bella C. Landauer Collection, accessed New-York Historical Society.

The 2022 overturning of Roe v. Wade by the Supreme Court in Dobbs v. Jackson Women’s Health put the responsibility back on each individual state to determine abortion law for its citizens. In presenting a history of abortion in Indiana, I hope to share how both access and barriers to the termination of pregnancies have changed from the 19^th century to the present. Due to the complexities of the abortion debate in Indiana, this article will only discuss the state of abortion prior to the 1970s.

While current laws seeking to ban abortion in Indiana and across the United States focus on the detection of a fetal heartbeat, legal cases between 1812 and 1926 were frequently concerned with “quickening,” which is defined as “the point in which the pregnant woman first feels the fetus move . . . usually between the sixteenth and eighteenth week of pregnancy.”^[1] Prior to the point of quickening in a woman’s pregnancy, abortion was not considered a crime since the woman might not have been aware of the pregnancy, particularly if her menstrual cycle was irregular.^[2] Instead, these women were often regarded as victims of their own actions in allowing themselves to become pregnant or as victims of an illegal abortion resulting in their death. It is this latter situation, unfortunately, that has allowed historians to learn about the history of abortion practices within the United States. The stories were often only publicly shared through inquest reports, which sought to investigate any deviations from acceptable medical practices that led to death.^[3]

In the late 1800s, abortion became a statutory crime in Indiana, as in all states in America. This means that the criminality of the action was written into state laws rather than relying only on the precedent set by court decisions, also called “common law.”[4] The specific statute or law included the elements that an individual must satisfy to be found guilty of the crime, such as the action performed, their mental state when the act was performed, and proximate causation, which is defined as a link between the action and the effect of that action.[5] Despite statues and legal precedent asserting the criminal nature of abortions, women were frequently exempt from liability for their participation in terminating the pregnancy, with most charges instead filed against the individual who performed the abortion.^[6]

Although women did not speak openly about abortions outside of their social circles, they did confide in their close friends and family members of their desire to be “fixed up” or to “bring their courses around.”^[7] According to many historians’ investigations into the topic, women in the 18^th and 19^th centuries often turned to abortion as a common means of birth control, with some even asserting that it was safer than childbirth, which claimed the lives of numerous women annually.^[8] Women often shared folk remedies or other methods for terminating the pregnancy in much the same way they would have discussed the treatments for other common illnesses.^[9]

lady — The Post-Democrat (Muncie), March 20, 1936, accessed Ball State University Digital Media Repository.

At the turn of the 20^th century, approaches to understanding and addressing the rate of abortions within the community involved comparing it with other birth control methods and encouraging the avoidance of pregnancy to prevent the need for an abortion. One such advocate was New York nurse Margaret Sanger,^[10] who spearheaded the birth control movement, eventually leading to the approval of modern contraceptives. Sanger reportedly solicited the help of Roberta West Nicholson, a Hoosier legislator (1935-1936) and activist, who co-founded the Indiana Birth Control League in 1932, Indianapolis’s first Planned Parenthood center. A New York representative visited Nicholson in the city, describing the “very, very disappointing lack of progress they seemed to be making because there was apparently very little known about family planning and very little support in general terms for such a concept.” Nicholson was convinced that this should change and established a chapter in Indianapolis. Thus began her 18 years-long work as a family planning and social hygiene advocate.

Controversially, Sanger argued in favor of abortion for eugenics, though without the overtly racist undercurrent of most pro-eugenics writings. Instead, her arguments, which often referred to minority and immigrant women indirectly, called for increased access to contraception to assist in limiting the number of children born in their families.^[11] At the core of Sanger’s arguments was the idea that “the ability to control family size was crucial to ending the cycle of women’s poverty.”^[12] Indiana took Sanger’s beliefs a step further and passed a new law in 1907 that authorized the involuntary sterilization of “confirmed criminals, idiots, imbeciles, and rapists,” following the argument that poverty, criminal behavior, and mental problems were hereditary.[13] According to the historical marker placed outside the Indiana State Library in 2007 to commemorate the 100-year anniversary of the law, approximately 2,500 people within state custody were sterilized under the mandatory sterilization approved by Governor J. Frank Hanly.[14]

Margaret Sanger (1879-1966), accessed womenshistory.org.

In her work with minority, immigrant and working-class communities, Sanger often cared for women who were “relieved if there was a stillbirth, because they could not afford to raise any more children.”^[15] As a result, it was these women that Sanger most commonly targeted with her advocacy for increased access to birth control in place of abortions; however, historians like Leslie Reagan and Joan Jacobs Brumberg have argued that abortions were sought by women in all sectors of society to prevent an unwanted birth or to protect a young woman’s reputation. Reagan found that mothers who helped their daughters seek illegal abortions often cited the double standard between males and females in the late nineteenth and early twentieth centuries, as the mother “knew that bearing an illegitimate child would stigmatize her daughter for life while the boyfriend could experience sexual pleasures without hurting his honor.”[16]

Alternatively, unmarried young women who were kicked out of their homes upon disclosure of their pregnancies were encouraged to bear their children in maternity homes, which often refused to admit Black women.[17] Women who lived in these homes until the birth of the children were required to repent of their sin, perform domestic tasks, participate in religious services, and breastfeed the infants for several months even if they planned to give the children up for adoption.[18] Historians like Regina Kunzel have uncovered evidence that many young women in maternity homes tried and failed to abort their pregnancies as opposed to remaining in the maternity homes.[19]

In the 1930s, particularly during the Great Depression, married Black and white women within similar socioeconomic classes sought abortions at approximately the same rate, often citing their employment or role as the family breadwinner as a critical factor in wishing to avoid another child.^[20] Furthermore, data has indicated no significant distinction between abortion rates when classified by religious background; however, the timing of the abortions often differed. Catholic and Jewish women gave birth younger and chose abortion as they aged, whereas Protestant women often sought abortions at younger ages, choosing to give birth later in life.^[21]

Throughout the 1920s and 1940s, women from Indiana and other midwestern states often visited downtown Chicago to obtain an abortion at the medical practice of Dr. Josephine Gabler, who had established herself as an expert in the field willing to accept referrals from other medical professionals, despite the practice being illegal in Illinois as well.^[22] To protect her identity, that of her staff, and the women visiting the practice, Dr. Gabler and her staff instructed women not to call anyone else if they had issues following their procedure, with the clinic staffing a 24-hour phone line available to assist patients. When women arrived at the clinic, the receptionist, Ada Martin, would lead them back to the room and cover their eyes with a towel so they could not identify the physician performing the procedure prior to putting them to sleep. She would then provide them with instructions for aftercare. Dr. Gabler and her staff paid physicians a percentage of the procedure fees for referring patients to the clinics. The clinic also paid monthly bribes to police officers, which allowed them to continue providing abortions openly without criminal prosecution.[23]

Indianapolis Star, May 2, 1941, 23, accessed ProQuest Historical Newspapers

One police officer who received bribes from Gabler’s clinic was Indianapolis Detective Daniel Moriarity. In 1941, the clinic’s former receptionist Ada Martin, who had purchased the clinic from Dr. Gabler, was the victim of an attempted murder. Tragically, Moriarity murdered Dr. Gabler’s daughter, mistaking her for her mother. He was attempting to hide the bribes he had received from Gabler and Martin. His crimes exposed the clinic’s practices for the first time.[24] Despite raids on the office in August 1940 and February 1941, convictions against Martin and her receptionist, Josephine Kuder, were overturned because the evidence used to build the case had been drawn from illegally-seized patient medical records.[25] During the trial, numerous women were forced to take the witness stand, sharing their experiences and subjecting themselves to the scrutiny and stigma of the courts.[26] One woman’s medical record from the clinic was even published in the Chicago Daily Tribune as a “sample,” and other women had their names and photos printed, further exposing them to unwanted attention and questioning outside of the courts.[27]

From the late 1930s into the 1970s, poor white women and Black women in northern Indiana and Detroit began to visit Dr. Edgar Bass Keemer Jr., a Black physician practicing in Detroit. He was urged by his wife, another physician who had obtained an abortion herself while completing her medical training, to perform abortions.[28] Dr. Keemer initially refused to perform an abortion for an unmarried woman, who later died by suicide, leading to his commitment to helping other women to prevent a similar tragedy. Many poor white women regarded Dr. Keemer as a preferable option despite his race and gender because he provided follow-up care and, in the case of the procedure failing, arranged for the woman to have care at a hospital, which he fully paid in addition to any lost wages from missing work.^[29]

For women able to make the journey to either Chicago to see Dr. Gabler or Detroit to visit Dr. Keemer, there was often concern about the amount of time a woman would be away from home, leading to the risk of others finding out about her abortion and stigmatizing her for her choices.[30] Abortions at Dr. Gabler’s clinic ranged in price from $35 to $300, with most women paying $50.[31] The cost was higher for abortions performed later in the pregnancy due to the added complexity. This encouraged women to seek treatment as early in the pregnancy as possible to limit costs.[32] Dr. Keemer’s patients were charged $15 in the late 1930s, with fees increasing on a sliding scale to $125 by the 1960s. If the procedure failed, Keemer returned the fee paid and also covered all patient fees associated with the woman receiving a D&C at a local hospital.[33]

(L to R): Cincinnati Enquirer, November 25, 1879, 4; November 26, 1879, 4; November 27, 1879, 4, accessed ProQuest Historical Newspapers.

Access to abortions was particularly difficult for women living south of Indianapolis without the opportunity to seek treatment from the Gabler-Martin or Keemer clinics. In this area, some women resorted to procedures performed secretly by other professionals. One such case that gained national attention was that of Eliza Francis Levesay from Decatur County, which is located southeast of Indianapolis.[34] Levesay had had an affair with a young man named William Myers, and she became pregnant. Because Levesay was from a poor family and Myers was from a wealthy family, they believed it was in the best interest of both of their reputations that she seek an abortion.[35] Her abortion was performed by Dr. C. C. Burns, a local dentist. When Levesay became ill and sought medical treatment, her physician reported the case to the state authorities. While an investigation was performed, the jury could not reach a unanimous decision against any of the parties, and the case was dismissed.[36]

Profiting from abortion restrictions and lack of access to safe clinics, entrepreneurs marketed various pills and remedies that women had shared with each other for free. Women either mixed their own concoctions or purchased various remedies through the mail, with them marketed under various different names to avoid seizure under the Comstock Act, which prohibited the sending of “obscene” or “unlawful” materials through the postal service.[37] Interestingly, such restrictions were often applied only to those packages crossing state lines, urging entrepreneurs to take up the cause within the state as well.[38] Such remedies were not regulated by the FDA; therefore, their safety and efficacy were not established.[39] It is unknown whether such treatments actually worked or how many people died or became ill from using these them. In fact, some state laws, such as those published in 1827 in Illinois, classified the treatments as poisons.[40]

Dr. Jackson’s English Tablets pill packet, 1880-1900. New-York Historical Society Library, Bella C. Landauer Collection, accessed New-York Historical Society.

In addition to physical harm resulting from such “treatments,” Dr. Keemer and others worried about women’s mental health should they be refused abortions. Despite state laws, demand for abortion increased in the decades following the Great Depression and World War II as more women entered college and the workplace.[41] Women needed to control when they would become pregnant because “once a woman was visibly pregnant, her school would expel her and her boss fire her . . . In short, pregnancy threatened to destroy a young woman’s life and ambitions.”[42] To protect their reputations and their futures, women from the 1930s to the 1960s sought illegal and unregulated abortions, which were often performed by individuals without medical training. Other women from the 1940 to the 1960s found sympathetic psychiatrists were able to secure abortions for “therapeutic reasons” to help prevent the “emotional distress and suicidal intentions” that women expressed in order to receive referrals for a medical hospital-performed abortion.[43]

Numerous state and national advocacy groups supported proposed changes to the laws in Indiana. In 1967, Robert Force, an Assistant Professor at Indiana University School of Law in Indianapolis, and Irving Rosenbaum Jr., a physician, drafted the new Indiana Bill (H.B. 1621) and published a statement in which they argued that physicians needed to fully assess a woman’s prognosis if not able to obtain a medical abortion, much as they would when considering treatment for any other medical condition.^[44] Additionally, they encouraged the incorporation of protections for women who were victims of crimes, such as rape or incest, and women with mental conditions who could not adequately appreciate their conditions or care for a child after its birth.^[45] [46]

Proposed amendments to the Indiana abortion law, 1967. Robert Force, “Legal Problems of Abortion Law Reform,” accessed JSTOR.

Some of the groups lobbying for change and supporting the Indiana Bill represented bipartisan, secular, and religious organizations, including the Indiana Civil Liberties Union, Indiana State Medical Association, American Protestant Hospital Association, Indiana Council of Churches, National Council of Jewish Women, the Indianapolis Star, and other independent advocates.[47] In 1967, these advocacy groups called on legislators to consider legal precedents in which suicidal tendencies had been grounds for granting an abortion in drafting laws that would protect both the mental and physical health of women seeking an abortion.^[48] The Indiana Bill passed the House, but the Senate made substantial changes, which essentially removed most of the proposed amendments, which would have made abortion legal without exception, and it was ultimately vetoed by the governor. While abortion was not legal at this point, Indiana had relaxed its anti-abortion laws to protect the mother’s life.^[49]

Ruth Mahaney (right), n.d., in Madison Stacey, ‘It was hidden, you had to hunt,’ accessed WTHR.com.

Women’s Crisis Service ad, Spring 1975, in Julia Kilgore, “Ruth Mahaney & Nancy Brand: Insight into IU’S History of Women’s Reproductive Rights,” accessed IUB Archives.

In 1968, the women’s liberation movement reached Bloomington. During weekly meetings of the IU Women’s Caucus, various women shared their challenges with being able to access abortions, which remained illegal.[50] In response to these challenges, including her friend’s horrifying experience in which an abortionist refused to perform the procedure until she had sex with him, Indiana University graduate student Ruth Mahaney started an abortion counseling center, which came to be known as the Midwest Abortion Counseling Service. This center fielded calls from women in surrounding rural areas, students, and women in Bloomington, and offered support from local ministers and doctors who provided counseling services.[51]

The Midwest Abortion Counseling Service center helped connect women to sympathetic providers both in southern Indiana at IU and in the Chicago area through referrals to the Jane Collective for women to receive safe abortions from respectable providers.[52] In an interview as part of the Indiana University Bicentennial Oral History Project, Mahaney recalled driving young women to a municipal airport in Bloomington to be able to get to Chicago as soon as possible for their procedures.[53] After the legalization of abortion under Roe v. Wade in 1973, the Midwest Abortion Counseling Service transitioned to become the Women’s Crisis Service, which not only continued Mahaney’s work in supporting women seeking abortions but also provided support for women in other crises, such as rape or divorce. The center also to connected women to legal resources, daycares, and other available resources.[54]

Protestors gather outside the U.S. Supreme Court building to support their position in the ongoing abortion debate, accessed law.harvard.edu.

Force’s and Rosenbaum’s changes to the laws remain present in modern Indiana abortion laws nearly 60 years later. The 2022 Dobbs decision spurred further debates about women’s reproductive rights. The Indiana Legislative Oral History Interview project provides a window into the perspectives of former Indiana lawmakers regarding abortion access.

For a bibliography of sources used in this post, click here.

Notes:

[1] Samuel W. Buell, “Criminal Abortion Revisited,” New York University Law Review 66, (1991): 1780.

[2] Buell, 1782; Julie Conger, “Abortion: The Five-Year Revolution and its Impact,” Ecology Law Quarterly 3, no. 2 (1973): 312.

[3] Leslie J. Reagan, When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867-1973 (Berkeley: University of California Press, 1997), 22.; Buell, 1782.

[4] “Criminal Law,” Legal Information Institute, Cornell Law School, accessed May 7, 2023, https://www.law.cornell.edu/wex/criminal_law.

[5] “Criminal Law.”

[6] Buell, 1783.

[7] Reagan, 23.

[8] Tamara Dean, “Safer Than Childbirth: Abortion in the 19^th Century Was Widely Accepted as a Means of Avoiding the Risks of Pregnancy,” The American Scholar, 97; Reagan, 22.

[9] Reagan, 26.

[10] Debra Michals, “Margaret Sanger (1879-1966),” National Women’s History Museum, https://www.womenshistory.org/education-resources/biographies/margaret-sanger

[11] Melissa Murray, “Abortion, Sterilization, and the Universe of Reproductive Rights,” William & Mary Law Review 63, no. 5 (2022): 1607.

[12] Debra Michals, “Margaret Sanger (1879-1966),” National Women’s History Museum, https://www.womenshistory.org/education-resources/biographies/margaret-sanger

[13] “Project Overview,” Indiana Eugenics History & Legacy 1907-2007, accessed June 28, 2023, https://eugenics.iupui.edu/ ; “1907 Indiana Eugenics Law,” Indiana Historical Bureau, accessed June 28, 2023, https://www.in.gov/history/state-historical-markers/find-a-marker/1907-indiana-eugenics-law/.

[14] “1907 Indiana Eugenics Law,” Indiana Historical Bureau.

[15] Ingrid Mundt, “Margaret Sanger, Taking a Stand for Birth Control,” History Teacher 51, no. 1 (2017): 124.

[16] Regan, 28.

[17] Regan, 28.

[18] Reagan, 28-9.

[19] Regina Kunzel, Fallen Women, Problem Girls: Unmarried Mothers and the Professionalization of Social Work, 1890-1945 (New Haven: Yale University Press, 1993): 68-69, 81.

[20] Reagan, 135.

[21] Reagan, 137.

[22] Reagan, 149.

[23] Reagan, 155.

[24] Reagan, 155.

[25] Reagan, 311. Mrs. Martin estimated in court testimony that she worked as a receptionist for Dr. Gabler for approximately 12-15 years. She purchased the practice from Dr. Gabler in January 1940 and later hired physicians, including Dr. Henry James Millstone, to perform abortions in the clinic. While under indictment following the raids, Dr. Millstone died by suicide from drinking poison on April 17, 1941, with his wife dying by suicide from drinking ammonia shortly after on May 1.

[26] Reagan, 167-168.

[27] Reagan, 167.

[28] Reagan, 156.

[29] Reagan, 157-158.

[30] Regan, 151. Dr. Gabler used surgical techniques for the abortion, including general anesthesia and dilation and curettage (D&C) similar to the procedure following a miscarriage, with after-instructions provided similar to those for women who had just given birth, such as avoiding hot baths or avoiding intercourse while they healed.

In contrast to Dr. Gabler, Dr. Keemer used the Leunbach method, which was reported to be safer and less painful.[30] The process utilized a compounded paste and potassium soap solution inserted into the uterus via a syringe. The vagina was then packed with a sterile gauze tampon, which would be removed 18 hours later at home. Women receiving an abortion via the Leunbach method, on average, spent only 10 minutes on the doctor’s table and reported minimal cramps, with aspirin prescribed to blunt the pain. Women could return home the same day, and a nurse would visit women at home the following day. Dr. Keemer also arranged a follow-up visit as well to ensure all of the contents had been properly expelled to prevent infection.

[31] Reagan, 154-155.

[32] Reagan, 155.

[33] Regan, 157-158.

[34] Madeleine Boesche, “19^th Century Anti-Abortion Laws Enforcement in the Rural United States,” Vassar College Clark Fellowship, accessed May 7, 2023, https://www.vassar.edu/history/clark-fellowship/2012/anti-abortion-laws-enforcement-rural-united-states.

[35] Various sources utilize different spellings for Mr. Myers’ last name, with “Myers” utilized in newspapers covering the case and “Miers” as the spelling in the Boesche article detailing her research into the case.

[36] Boesche, https://www.vassar.edu/history/clark-fellowship/2012/anti-abortion-laws-enforcement-rural-united-states.

[37] Reagan, 13.

[38] Melody Rose, Abortion: A Documentary and Reference Guide (London: Greenwood Press, 2008): 31.

[39] Sarah Gordon, “Female Remedies: A Little Show Draws a Big Response,” New York Historical Society Museum & Library, June 10, 2019, https://www.nyhistory.org/blogs/female-remedies-a-little-show-draws-a-big-response.

[40] Reagan, 10.

[41] Reagan, 194.

[42] Reagan, 194-5.

[43] Reagan, 202.

[44] Robert Force, “Legal Problems of Abortion Law Reform,” Administrative Law Review 19, no. 4 (1967): 370-372.

[45] Force, 372.

[46] Force, 372.

[47] Force, 365.

[48] Force, 365.

[49] Force, 365.

[50] Mary Ann Wynkoop, Dissent in the Heartland: The Sixties at Indiana University (Bloomington: Indiana University Press, 2002): 136.

[51] Julia Kilgore, “Ruth Mahaney & Nancy Brand: Insight into IU’s History of Women’s Reproductive Rights,” IUB Archives (blog), October 28, 2016, https://blogs.libraries.indiana.edu/iubarchives/2016/10/28/ruth-mahaney-nancy-brand-insight-into-ius-history-of-womens-reproductive-rights/.

[52] Madison Stacey, “’It was hidden, you had to hunt’ | How covert networks helped women access abortions before Roe v. Wade,” WTHR.com, last modified August 24, 2022, https://www.wthr.com/article/features/how-covert-networks-helped-women-access-abortions-before-roe-v-wade/531-8839cfb4-8eff-475f-bd6a-27643eea675b.

[53] Stacey.

[54] Kilgore.

“A Hundred Years From Now—What?:” Mary Garrett Hay Predicts Life in 2022

San Francisco Chronicle, January 14, 1923, p. 10, accessed via Newspapers.com.

The San Francisco Chronicle asked Americans “who have a wide experience and many points of contact with 1922” to predict the trials and triumphs Americans would experience 100 years later.* Probing prominent individuals like a pastor, architect, social reformer, author, film producer, educator, and politician, the paper concluded that there are “plenty of ifs and buts, but in general the prospect for a century hence seems rosy.” As a historian at the dawn of 2022, some of the predictions seem amusingly off-base, like author and critic Henry L. Mencken’s certainty that the U.S. “will be a British colony. . . . The American who will be most agreeably discussed by Anglo-American historians in 2022 will be Woodrow Wilson, the first premier of the United American Colonies.” Notorious moving picture producer D.W. Griffith was equally shortsighted when he stated, “I do not foresee the possibility of instantaneous transmission of living action to the screen within 100 years.” (Inventor-turned reluctant Fort Wayne businessman Philo Farnsworth would transmit the first “electronic television image” just a few years later in California).

Some musings proved surprisingly prescient, like those of architect Thomas Hastings, who wondered, “Will civilization relapse, perhaps through the medium of another world war, into semi-barbarism?” The telephone was only just beginning to be used in households—World Wide What?—when Hastings urged readers to consider “the probability of revolutionizing inventions—even the discovery of forces which we know nothing about now.” Famed birth control activist Margaret Sanger—who reportedly called upon Indianapolis reformer Roberta West Nicholson to help found the city’s first Planned Parenthood clinic—was arguably correct in her belief that access to birth control would result in:

happier homes, greater mutual respect between husband and wife, honeymoons lasting two or three years before children arrive, with husband and wife thoroughly equilibrated to one another, because there has been time for mutual understanding and development before parenthood is entered upon.

The Evening World (New York, New York, February 15, 1922, 3, accessed Newspapers.com.

Among the soothsayers was Mary Garrett Hay, a Charlestown, Indiana native, trailblazing suffragist, and, by 1922, head of New York City’s League of Women Voters. The accuracy of her predictions prompt a look back at her life and career, both of which were far ahead of her time, so to speak. Hay informed the San Francisco Chronicle that in 2022:

The life of even the average woman will be broader and better. Woman’s drudgery in the household will be eliminated, her care of the family will be lessened, as new inventions come in and new methods of work. Women, like men, will do the tasks for which they are best fitted by temperament, gifts and training.

Technological advancements have certainly liberated women from household drudgery. And women have increasingly stepped away from the home and into the public sphere due to a redefinition of the “tasks for which they are best fitted by temperament, gifts and training.” Hay occupied this sphere throughout her life, beginning around 1880, when as a young woman she worked as a drug clerk in Charlestown.[1] Hay later supported herself as a writer, reform speaker, and political consultant in New York City, having eschewed the institution of marriage and accompanying division of labor (Again defying gender norms, she had a long-term relationship with renowned suffragist Carrie Chapman Catt).

Brooklyn Daily Eagle, June 21, 1908, 24, accessed Newspapers.com.

Described as a “born executive,” Hay flexed her entrepreneurial skills when in 1908 she formed the Women’s Travel Bureau. Drawing on twenty years of navigating railroad networks across the U.S. for her suffrage campaign, Hay formed a company that appealed to the unique needs of female travelers, such as featuring safe accommodations and advertising women’s events. Hay told the New-York Tribune that since the 1893 Columbian Exposition, women increasingly used rail travel for a brief reprieve from the demands of family life. This was made possible, she said, because “‘women have for the first time in history begun to earn good salaries.'”[2] The Travel Bureau is one of many examples of Hay carving out opportunities in a male-dominated field by pairing her expertise with public demand.

While Hay’s prediction alluded to shifting gender norms, she made clear in the Buffalo Times that the shift must be more immediate, telling the paper, “‘It is the right of every human to have a career in the home and in the field-and the two are not mutually exclusive.'” She stated bluntly, “‘If men are willing to let their wives go out in quest of careers in the field as well as in the home they are reasonable husbands.'” The paper added that Hay “advocates women taking paid positions even after they are married and employing servants to do the housework far more efficiently than they could ever do it themselves.” In 1926, she argued that not only should women be allowed in the workforce, but that some were better suited for it than the home, noting:

I’ve known many women who were very inefficient mothers but excellent business women. They could manage what we call a man’s job and make a conspicuous success of it, and be absolutely beaten by housework or the rearing of their children.[3]

Of course, in order to work in the professional field, jobs needed to be available. Hay worked to create these as a member of the Committee for Extending Business Opportunities to Women, formed around 1915, because “the entrance of women into various fields of work has been effected with so much difficulty.”[4]

The Evening World (New York, New York), August 25, 1921, 3, accessed Newspapers.com.

In the second half of her prophesy for the San Francisco Chronicle, Hay predicted:

Politically, women will be powerful. They will share with men the real constructive work of government. Many will hold office. If there is not a woman President, the thought of one will shock no one. It will seem natural and proper to elevate women to whatever positions they have the ability to fill. Co-operation will be the magic word in 2022.

Confirming Hay’s point, many Americans in 2016 were shocked not that Hillary Clinton was poised to become the country’s first female president, but that she lost the election in a stunning upset—despite winning the popular vote. The glass ceiling came closer to being shattered when Kamala Harris was elected the first female U.S. Vice President in 2020 and when she briefly became the first woman imbued with presidential power in 2021 when President Joe Biden went under anesthesia for a medical procedure.

In fact, Hay’s own name had been floated as a U.S. presidential candidate in the 1910s. This was, in large part, because of her organizational and political prowess, particularly in recruiting members for the Republican Party.[5] Described as “the big boss of New York,” the G.O.P. appointed Hay to influential positions, soliciting her insight about issues important to women and strategies for mobilizing them to the polls.[6] Friend and fellow Hoosier— and Warren Harding’s presidential campaign manager—Will Hays appointed her chairman of the Republican Women’s National Executive Committee.[7] In this role, she was tasked with organizing “the women in the nation for the Republican Party as she had organized for suffrage. She was sought after at all political gatherings, and was made a delegate to every kind of convention.”[8]

Topeka Daily State Journal, January 29, 1920, 5, accessed Newspapers.com.

From lobbying for Indiana W.C.T.U. branches to heading a West Coast speaking tour organized by Susan B. Anthony to bringing to the Albany legislature “tenement house suffragists to illustrate how much women need the vote on the lower East Side,” Hay evolved from a social reformer to a political organizer.[9] She envisioned women’s influence extending beyond ratification of the 19th Amendment and viewed the political realm as a source of women’s professional fulfilment.

In her “Politics, A Profession for Women” essay for Catherine Filene’s 1920 Careers for Women, Hay wrote that politics “lacks the stultifying effect attaching to most occupations for women. Politics for women means a life of real vitality and worth.” She noted that “women who were trained by suffrage campaigns” were qualified for “good positions” within political parties. Strengths inherent to women, Hay argued, intersected well with those required of the political sector, such as the “ability to judge and handle people . . . sagacity, resourcefulness, power to discern the true from the false, common sense, imperturbability, [and] wide experience with human nature.” Having earned a reputation as an exceptional orator, Hay delivered a speech in 1926 in which she stated governmental work was tantamount to “housekeeping on a large scale.”[10] Because of these convictions, Hay used her sway within the Republican Party to bring more women into politics, although, the Times-Tribune noted, “she frequently found herself a[t] storm center by her insistence that leaders of the party permit women workers to join in the inner councils.”[11]

While she predicted that “Politically, women will be powerful,” Hay wanted not only “political equality between the sexes,” but “equality in every single thing in life.” This sentiment paralleled U.S. Supreme Court Justice Ruth Bader Ginsburg’s belief that “women belong in all places where decisions are being made.”[12] Hay worked for their systemic inclusion, including in higher education, law enforcement, jury duty, and prison reform.[13]

Oakland Tribune (California), November 29, 1927, 28, accessed Newspapers.com.

In this sense, Hay’s approach to equality was unique for the period, as historian William O’Neil argued, “’the postsuffrage feminists failed to see that the woman problem was part of a larger social question involving sex roles in American society and the entire order.’” Furthermore, these reformers “’asked only for legal equality without addressing themselves to the whole range of problems facing women who tried to make a notch for themselves in a man’s world.’”[14] Hay, “one of the best known leaders in the fight for the emancipation of women,” proved the rare exception.[15]

Her 1928 death would exacerbate this void in leadership for women’s equality. But in the nearly 100 years since her passing, her vision has been realized to a meaningful extent, as women increasingly occupy significant roles in the workplace and government. Perhaps she was able to envision the ideals and gender norms that would become fairly commonplace by 2022 because she embodied them herself.

Sources:

This post draws on the research notes for the Mary Garrett Hay historical marker.

* Unless otherwise specified, all material is drawn from the San Francisco Chronicle, January 14, 1923, p. 10, accessed via Newspapers.com.

[1] “Mary G. Hay,” Clark County, Indiana, Census, 1880, accessed Ancestry Library Edition.

[2] Departure of Trains Schedule, National American Woman’s Suffrage Association, New Orleans, March 19th to 25th, 1903, Miller NAWSA Suffrage Scrapbooks, 1897-1911, Scrapbook 3 (1897-1904), Rare Book and Special Collections Division.; “Women Conduct Tourist Bureau,” Brooklyn Daily Eagle, June 21, 1908, 24, accessed Newspapers.com.; “Women Who Travel,” New-York Tribune, August 4, 1908, 5, accessed Newspapers.com.

[3] Cynthia Grey, “Cynthia Says Home and Country Should Be Managed Jointly,” Courier-Post (Camden, NJ), April 19, 1926, 9, accessed Newspapers.com.

[4] “Mary G. Hay,” Clark County, Indiana, Census, 1880, accessed AncestryLibrary.; “Mary G. Hay,” 1910 United States Federal Census, New York, accessed AncestryLibrary.; “Women Form to Open New Fields,” Woman’s Journal and Suffrage News, January 2, 1915, accessed HeinOnline.

[5] Joan Moody, “What Will They Do With It?,” Everybody’s Magazine (November 1919): 113, accessed GoogleBooks.

[6] “Cheers Greet Women as They Enter Politics,” Indianapolis Star, April 3, 1919, 1, 8, accessed Newspapers.com.

[7] “Mary Garrett Hay’s Watchword to Women in Politics Was: ‘Be Nice to the Men’; Fought for Suffrage from Girlhood,” Brooklyn Eagle, September 2, 1928.

[8] Indianapolis Star, April 3, 1919, 1, 8.; Brooklyn Eagle, September 2, 1928.

[9] “Suffrage Leaders Get Together Now,” Star-Gazette
(Almira, NY), March 5, 1910, 2, accessed Newspapers.com.

[10] Cynthia Grey, “Cynthia Says Home and Country Should be Managed Jointly,” Courier-Post (Camden, NJ), April 19, 1926, 9, accessed Newspapers.com.

[11] “Mary Garrett Hay,” The Times Tribune (Scranton, PA), September 1, 1928, accessed Newspaper.com.

[12] “They Will Stand on Their Rights,” Boston Globe, February 27, 1908, 10, accessed Newspapers.com.

[13] “Mainly About People,” Daily News (New York), January 6, 1922, 41, accessed Newspapers.com.; “Women and the Jury System,” The Scranton Republican, February 28, 1922, accessed Newspapers.com.; “Leagued Together for Law Enforcement,” Oakland Tribune, November 29, 1927, 28, accessed Newspapers.com.

[14] Quoted in Winifred D. Wandersee, Women’s Work and Family Values, 1920-1940 (Cambridge: Harvard University Press, 1981), 119-120.

[15] Buffalo Times, July 9, 1922, 52, accessed Newspapers.com.

“Blacks Must Wage Two Wars:” The Freeman Field Uprising & WWII Desegregation

Registration at Freeman Field in 1944, courtesy of the Indiana State Archives.

In 1945, at Freeman Field officers of the African American 477th Bombardment Group challenged the unlawful exclusion of blacks from officers’ club, resulting in their arrest. The uprising immediately gained the attention of the War Department, NAACP, and lawmakers such as Senator Arthur H. Vandenberg. The refusal of more than 100 black officer’s to comply with “Jim Crow” policies underlined the broader push for civil rights in the World War II era.

America’s involvement in WWII exposed the great disparity between the fight for freedom abroad and the treatment of African Americans at home. In 1945, The Pittsburgh Courier alleged that it was difficult to understand how President Harry S. Truman’s administration “can claim to be prosecuting a war to bring democracy to all of the world when it will not enforce its own orders supposedly establishing democracy in its own country.” Similarly, Hoosier businessman and Republican presidential nominee Wendell Willkie expressed concern with the treatment of African Americans in the Armed Forces. In his 1944 article “Citizens of Negro Blood” for Collier’s Magazine, Willkie stated that World War II “has made us conscious of the contradictions between our treatment of our Negro minority and the ideals for which we are fighting. The equitable treatment of racial minorities in America is basic to our chance for a just and lasting peace.” Roberta West Nicholson, Indiana state legislator and daughter-in-law of Hoosier author Meredith Nicholson, worked with the Indianapolis Servicemen’s Center during WWII and observed the same type of discrimination at Camp Atterbury. She successfully fought for black servicemen’s rights to utilize the exact same amenities and recreational facilities as their white counterparts, lamenting “It’s difficult to believe, but this is true; because the Army itself was segregated.”

Indianapolis Recorder, April 7, 1945, accessed Hoosier State Chronicles.

Discrimination forced African Americans to fight to even be admitted to the Army Air Corps, which was an exclusively white organization until the late 1930s. According to James Allison’s “Mutiny at Freeman Field,” with the outbreak of global war, the Army revised its policy and recruited black units, but kept them segregated from white counterparts. The Air Corps sponsored flight schools for African Americans due to pressure from Congress and NAACP leaders, but accepted none of their graduates, despite exemplary records. Allison noted that “Countervailing pressures from politicians seeking the black vote and enterprising blacks who threatened to sue resulted in an Air Corps decision to form an African American fighter squadron” in 1941. The squadron, designated the “Tuskegee Airmen,” was trained at Alabama’s Tuskegee Field and produced a formidable combat record.

Unlike the Tuskegee squadron, the 477th Bombardment Group was trained at a base in Seymour, Indiana that included white servicemen. The group was first established at Selfridge Field near Detroit, under the command of white officer Colonel Robert W. Selway. The group was transferred to Kentucky’s Godman Field as the result of racial tension and protest similar to that which later occurred at Freeman Field. The 477th was then moved to the Freeman Field air base in March 1945 to train with better facilities. The Indianapolis Recorder noted in April that:

Arrival of the group here stimulated open hostility on the part of tradesmen in the nearby town of Seymour . . . Most of the trades people announced they would furnish no service or sell commodities to the new arrivals at Freeman Field. Negro residents of Seymour, less than 100 in number, are striving valiantly to meet the needs of the soldiers.

Freeman Field Airport and Industrial Field, 1947, Indiana Historical Society, Digital Images Collection.

These men, many of whom were awarded the Distinguished Flying Cross and Purple Heart, encountered racial discrimination from white servicemen at Freeman Field. Little had changed regarding their treatment since WWI, during which African American entrepreneur Madam C.J. Walker and her sales agents wrote a letter to President Woodrow Wilson officially condemning the mistreatment of black troops. According to the Recorder, African American officers at Freeman were denied entry into the air base’s tennis courts, swimming pool, and “swanky” officer’s club after 5 p.m. by Officer Selway, who created a “superficial classification that prevented their enjoyment of facilities established for commissioned personnel.” This classification violated Army Regulation 210-10, which prohibited the racial segregation of officers at army camps. According to Allison, black officers mobilized to challenge the discriminatory action, meeting in hangars to plan a peaceful protest.

On April 5, 1945, Selway learned of the plan and ordered a provost marshal to guard the club and turn away black servicemen. At the end of the night, 61 officers were arrested for attempting to enter the club, three of whom faced a jury in July for “jostling a provost marshall [sic].” On the 7th and 8th, more officers were arrested for attempted entry of the club. In a move that could further institutionalize segregation, Selway pressured black officers to “sign a statement that attested to their understanding of the order that had established one club for trainees and the other for supervisory personnel” (Allison). Officers were read an Article of War threatening death for failure to obey command and then issued a direct order to sign. Undeterred, 101 officers refused to sign and were subsequently arrested and sent back to Godman Field. According to Historian Emma Lou Thornbrough, a commander of a local black American Legion Post asserted “Blacks must wage two wars-one against the Axis powers, the other for full citizenship at home.” The Freeman Field officers did just that.

Officers, Tuskegee Army Air Field, Alabama, circa March 1945, Clanin Collection, M0783, Box 3, Folder 68, Indiana Historical Society.

First Lieutenant Quentin P. Smith was among those who refused to sign and recalled “‘I thought, ‘Oh my God this can’t be happening . . . He had given me a direct order to sign. I had finished college and all I had to do was just stay alive and I’ll be a general. I had no voice then'” (1992, Merrillville Times). After refusing to sign, he was escorted to his barracks at gunpoint and held under arrest for twelve days. In a document endorsed by Smith on April 25, he contended “The cited regulation appeared and still appears to be a ‘Jim Crow’ regulation” and that he:

could not, and cannot understand how Medical Officers, qualified as Flight Surgeons and having completed all required Army medical training and having completed years of private medical practice could have been classified as ‘trainee’ personnel unless the distinction were solely one of color.

He added he wished to indicate “his unshakeable belief that racial bias is Fascistic, un-American, and directly contrary to the ideas for which he is willing to fight and die.”

Quentin P. Smith (center) with honor graduates of Class 45-A, Tuskegee Army Air Field, Alabama, circa March 1945, Clanin Collection, M0783, Box 3, Folder 68, Indiana Historical Society.

The Recorder reported that “The mass arrest which is believed unprecedented in the history of the Army has this post in an uproar and has disrupted the entire training program of the 477th Bombardment group.” By the 26th, it appeared that the uprising was beginning to influence Army policy, as the newspaper noted that “Officials of the Public Regulations Bureau of the department in Washington admitted momentous changes are being considered as result of an investigation of conditions surrounding” the incident. On April 28, The Pittsburgh Courier called for the immediate release and “return to duty” of the arrested men and that “Anything less will be a travesty on justice.”

Administrative reprimand of Smith by Selway, courtesy of Clanin Collection, M0783, Box 38, Folder 3, Indiana Historical Society.

Roger C. Terry, courtesy of indianamilitary.org

Following public outcry and the efforts of the NAACP, all were released and served with an administrative reprimand, with the exception of three men. The Recorder noted on June 30, that Selway had been replaced with African American Colonel B.O. Davis Jr. However, the three men arrested for “jostling” an officer continued to be confined and were prohibited from obtaining counsel. In July, a jury acquitted Lt. Marsden A. Thompson and Lt. Shirley R. Clinton of “disobedience of a direct order,” along with Lt. Roger C. Terry, although he was found guilty of “jostling” an officer and forced to pay $150. In 1995, the Air Force set aside Terry’s conviction. In an Indianapolis Star article, Terry declared that this removed the weight he had been carrying since the ordeal and that “What came off my back was that all my hatred went away. All of it.”

Although their military records remained tarnished until the 1990s, non-violent protests, as well as the violence against returning black servicemen, likely influenced President Truman’s decision to desegregate the armed forces on July 26, 1948. In negating Terry’s conviction, former assistant secretary of the Air Force concluded that the Freeman mutiny was crucial to military integration and a “‘giant step for equality.'”

Roberta West Nicholson: “Without a Scintilla of Prejudice”

See Part I to learn about Roberta West Nicholson’s efforts to educate the public about sexual health, her Anti-Heart Balm Bill, and the sexism she faced as the only woman legislator in the 1935-1936 Indiana General Assembly.

Unless otherwise noted, quotations are from Nicholson’s six-part interview with the Indiana State Library.

At the conclusion of Nicholson’s term in the Indiana House of Representatives, the country was still in the grip of the Great Depression. Nicholson recalled witnessing a woman standing atop the Governor Oliver P. Morton Statue at the Statehouse to rally Hoosiers from across the state to press Governor Paul McNutt for jobs. She was struck by the fact that the woman was wearing a flour sack as a dress, on which the Acme Evans label was still visible.

mort-stat — Oliver P. Morton Statue at the Statehouse, courtesy of Waymarking.com.

To see for herself if conditions were as dire as she’d heard-despite some local newspapers denying the extent of the poverty-Nicholson took a job at a canning factory. There she learned that the “economic condition was as bad or worse than I had feared.” She hoped to ease this struggle as the Marion County Director of Women’s and Professional Work for the Works Progress Administration (WPA).

newspapdsp — Image courtesy of the Indianapolis Star, January 3, 1937, accessed Newspapers.com.

As Director, she got further confirmation about the impoverished conditions of Hoosiers during a visit to a transient shelter on Capitol Avenue. She reported:

I couldn’t tell you the dimensions of it, but there were fifteen hundred men on the move that were in this one room and there wasn’t room for them to sit down, much less lie down. They stood all night. They just were in out of the weather. You see, these men were on the move because one of the things about that Depression was that there was lack of real communication, and rumors would go around for blue collar work and they’d say, “They’re hiring in St. Louis,” which proved to be incorrect.

In her role at the Indiana WPA, Nicholson managed all jobs undertaken by women and professionals, which included bookbinding and sewing. She also helped supervise the WPA’s Writer’s Project, consisting of a group of ex-teachers and writers who compiled an Indiana history and traveler’s guide. This project was led by Ross Lockridge Sr., historian and father of famous Raintree County author, Ross Lockridge Jr. Nicholson noted that Lockridge Jr.’s book “had more to do with making me fall in love with my adopted state than anything I can tell you.”

WPA project for the blind, young woman operating braille machine at the Indiana State Library, Indianapolis, courtesy of the National Archives.

One of Nicholson’s largest tasks involved instructing WPA seamstresses to turn out thousands of garments for victims of the Ohio River Flood in 1937. The workers were headquartered at the State Fair Grounds, where the flood victims were also transported by the Red Cross during the disaster. Nicholson noted that many of the women of the sewing project worked because their husbands had left the family as “hobos,” traveling across the country to look for work; in order to support their families the women made clothes for the “next lower strata of society.”

jeffersonville_station_in_flood_1937_bass_ — Jeffersonville Station submerged by the 1937 flood, image courtesy of the Indiana Historical Society, Bass Photo Collection.

flood-workers — WPA workers, “Flood Control,” Indianapolis, courtesy of the National Archives.

First Lady Eleanor Roosevelt visited their WPA Project, headquartered at the RCA building. The 1500 women continued their work as though nothing were different. Mrs. Roosevelt’s approval seemed to validate the project, especially since the women “were constantly being made fun of for boondoggling and not really doing any work and just drawing down fifty dollars a month.” Nicholson spoke with the First Lady throughout day, concluding “I’ll never forget what a natural, lovely and simple person she was, as I guess all real people are. I was pretty young and it seemed marvelous to me that the president’s wife could be just so easy and talk like anybody else.”

In the early 1940s, Governor Henry F. Schricker appointed Nicholson to a commission on Indianapolis housing conditions. The reformer, who grew up “without a scintilla of prejudice,” concluded that the real estate lobby was at the center of the disenfranchisement of African Americans. As she saw it in 1977, the lobby prevented:

[W]hat we now call ‘upward mobility’ of blacks. I don’t think we would have this school problem in Indianapolis we have now if the emerging class of blacks with education and with decent jobs had not been thwarted in their attempts to live other than in the ghetto. They were thwarted by the real estate laws.

She added that black residents were essentially prohibited to live “anyplace but in the circumscribed areas which the real estate lobby approved . . . And now we have school problems and I think it’s a crying shame that we put the burden for directing past injustices on the backs of little children.”

war-black — Image courtesy of the Indianapolis Recorder, December 12, 1942, accessed Hoosier State Chronicles.

While World War II lifted the country out of the Depression, it magnified discrimination against African Americans. After passage of the Selective Service Act, the City of Indianapolis hoped to provide recreation for servicemen, creating the Indianapolis Servicemen’s Center, on which Nicholson served. She noted that they were able to readily procure facilities for white regiments, such as at the Traction Terminal Building, but locating them for black troops proved a struggle.

Although a black regiment was stationed at Camp Atterbury near Edinburg, Indiana, Nicholson reported that:

The only place to go for any entertainment from Edinburg, Indiana is Indianapolis. Well, what were these black soldiers going to do? They couldn’t go to the hotels, they couldn’t go to any eating place. There was no question of integration at that point. It’s difficult to believe, but this is true; because the Army itself was segregated.

She recalled that her task was so difficult because “There was nowhere near the openness and generosity toward the black soldier that there was toward the white, although they were wearing the same uniform and facing the same kind of dangers.” Lynn W. Turner‘s 1956 “Indiana in World War II-A Progress Report,” reiterated this, describing:

[T]he shameful reluctance of either the USO or the nearby local communities to provide adequate recreational opportunities for Negro troops stationed at Camps Atterbury and Breckenridge and at George and Freeman Air Fields.

stuff — Image courtesy of the Indianapolis Recorder, December 12, 1942, accessed Hoosier State Chronicles.

Upon this observation, Nicholson fought for black servicemen to be able to utilize the exact same amenities as their white counterparts. One of her tasks included providing troops with a dormitory in the city because “there was no place where these young black men could sleep.” After being turned away by various building owners, Nicholson was allowed to rent a building with “money from bigoted people,” but then came the “job of furnishing it.” With wartime shortages, this proved exceptionally difficult. Nicholson approached the department store L. S. Ayres, demanding bed sheets for the black servicemen. According to Nicholson, some of the Ayres personnel did not understand why the black troops needed sheets if they had blankets. She contended “the white ones had sheets and I didn’t see why the black ones should be denied any of the amenities that the white ones were getting.” Nicholson succeeded in procuring the sheets and a recreation facility at Camp Atterbury for African American soldiers.

black-troosp — African American Army anti-aircraft regiment, Indianapolis Recorder, September 12, 1942, accessed Hoosier State Chronicles.

Never one to bend to societal, political, or ideological pressure, Nicholson encountered vicious resistance in her support of the Parent Teacher Association (PTA), a national network advocating for the education, safety, and health of children through programming and legislation. She noted that support of the organization was frowned upon in the state because:

[T]hese were the witch-hunting years, you know, and anything that came out of the federal government was bad, and in Indiana that feeling was rife. It was a matter of federal aid education and in Indiana there was a great deal of militant resentment of that federal aid education.

According to Nicholson, a coalition of institutions like the Chamber of Commerce and the Indianapolis Star, along with “some very rich, very ambitious women who wanted to get into the public eye” aligned to destroy the PTA in Indiana. Nicholson recalled that her support of the PTA on one occasion caused a woman to approach her and spit in her face. Ultimately, Nicholson’s opposition won, and defeated the PTA. Nicholson noted that as a result Indiana’s organizations were called “PTOs and they have no connection with the national.” At the time of her ISL interview, she lamented that “without that program for schools where disadvantaged children go, a lot of the schools just simply couldn’t function.”

Image courtesy of the Indianapolis Star, February 16, 1951, accessed Newspapers.com.

Nicholson also described a brush with the Red Scare of the 1950s. In a series of articles, an Indianapolis Star journalist accused the State Welfare Department of “being riddled with communism and so forth.” Knowing she was affiliated with one of the women in the department, Governor Schricker summoned Nicholson to his office about the allegations. She noted that while the accused woman was “kinda kooky,” Nicholson was able to assure from “my own knowledge that these two women were possibly off in left field, but that I thought the whole operation was just as clean as anything in the world could be.”

In 1952, desiring respite from the city, the tireless reformer and her husband bought a broken down house in Brown County to fix up for weekend visits. After suffering from ulcers, likely from over-exertion, Nicholson officially retired as the first director of the Indianapolis Social Hygiene Association on December 31, 1960 (serving since 1943). Nicholson passed away in 1987, leaving a positive and enduring imprint on the city’s marginalized population.

Regarding her career, Nicholson combated allegations that she only did what she did because she wanted to be around men. Perhaps an apt summation of her life, Nicholson noted “My way was sort of greased-had a good name and had done some things. I had a reputation for being able to get things done.”

Roberta West Nicholson: Eviscerator of Gold-Diggers & Champion of Social Reform

If Roberta West Nicholson has received any recognition at all, it’s been from Men’s Rights Groups, who have praised her revolutionary Anti-Heart Balm Bill. However, the bill, like much of her work, was progressively liberal and centered around equality. As the only woman legislator in 1935-1936, in her work to educate the public about sexual health, efforts against discrimination in Indianapolis, and champion children’s causes, West was a public servant in the purest sense. Despite her tireless work, she struggled to escape the shadow of her father-in-law, famous Hoosier author Meredith Nicholson, and to be associated with social reform rather than her “cuteness.” In an interview with the Indiana State Library (ISL) conducted in the 1970s, she did just that, but unfortunately, it has been largely overlooked.

Even as a young college student, the Cincinnati, Ohio native deviated from the norm. Nicholson attended one semester at the University of Cincinnati, leaving after an exasperating experience with the sorority system, which she found “excessively boring.” Unbending to sorority policies which required dating male pledges and attending numerous parties, it became evident that Nicholson interests were incompatible with those of her sisters. After one of several instances of bullying, she proudly returned the sorority pin, withdrew from the college, and went to finishing school.

Roberta met her husband, Meredith Nicholson Jr., at a summer resort in Northport Point, MI. In 1925, the two were married and she moved to Indiana, where she was “absolutely bowled over by the fact that it was virtually the headquarters of the Ku Klux Klan and their vile machinations.” From a politically conservative family, Mrs. Nicholson soon found that in Indiana “the Republican party, as far as I could ascertain, was almost synonymous with the Ku Klux Klan. Well, how could you be anything but a Democrat, you know? That was to be on the side of angels so to speak.”

klan-in-indiana — Thomas Hart Benton’s “Parks, the Circus, the Klan, the Press,” scene on a mural representing Indiana at the 1933 Chicago World’s Fair, courtesy of Indiana University, accessed Indiana Public Media.

The day of her wedding, Roberta’s father received two letters, “terrible penmanship-pencil on cheap lined paper-warning him to stop the marriage of his daughter to that ‘nigger loving Jew.'”* Her father spent a large amount of money trying to identify the author of the “vitriolic hatred,” an attempt that proved unsuccessful. The couple’s wedded bliss was also impeded by the Great Depression, in which Meredith Jr. lost everything in the stock market and “this beautiful dream world we’d been living in is all of a sudden gone.” Following the bankruptcy of her husband’s company, Roberta took a job at Stewarts book store, supporting the family on $15 a week.

After the adoption of liberal principles, Nicholson engaged in her first real reform work in 1931. Birth control activist Margaret Sanger reportedly solicited Nicholson to help establish Indianapolis’s first Planned Parenthood center. A New York representative visited Nicholson in the city, describing the “very, very disappointing lack of progress they seemed to be making because there was apparently very little known about family planning and very little support in general terms for such a concept.” Nicholson was convinced that this should change and established a chapter in Indianapolis. Thus began Nicholson’s 18 years-long work as a family planning and social hygiene advocate.

Outside of her role in Planned Parenthood, she worked as a public educator, going into cities, sometimes “very poor, miserable ghetto neighborhood[s],” to increase awareness of the “menace of venereal disease.” It became clear to Nicholson that ignorance about sexual health was widespread, including her own lack of knowledge about diseases, which she had referred to syphilis as the “awful awfuls” and gonorrhea the “never nevers.” During these often uncomfortable meetings with the public, Nicholson sought to inspire an open dialogue and a back and forth about taboo subjects. Nicholson also showed reproduction films to middle schoolers a job that provoked titters by students and sometimes outrage on the part of parents.

Her dedication to improve the welfare of children intensified during the Great Depression, when she witnessed impoverished children modeling clothes made by WPA employees. This was an effort to prove to those Indianapolis newspapers highly critical of Roosevelt’s New Deal that social programs were effective. Seeing these children being used to “get some bigoted publisher to change his views on some very necessary emergency measures” made her think of her own children and brought her to tears. In her ISL interview, she stated that “I decided that I was going to spend the rest of my life helping children that were disadvantaged, and I have.”

In 1932, Nicholson founded the Juvenile Court Bi-Partisan Committee, to convince politicians to reform juvenile justice and “keep the court out of politics and to employ qualified persons to handle the children.” These efforts proved successful, when in 1938 Judge Wilfred Bradshaw reformed the court. Nicholson served as a longtime committee member and in 1946, when other members became frustrated with progress and resigned, Nicholson stayed, saying “I feel that because you are going to sometimes lose your point of conviction doesn’t mean you throw the baby out with the bathwater.” Nicholson also worked to improve the lives of Indianapolis children as the president of the Children’s Bureau, an adoption agency and group home, and in her work on the board of Directors of the Child Welfare League.

At the encouragement of her mother-in-law, she worked with the Women’s Organization for National Prohibition Repeal. In her interview with ISL, she explained her motive for joining the effort to repeal the 18th Amendment:

“These women felt very deeply about the fact that prohibition had inaugurated the era of of the gangsters: the illicit traffic in liquor, with no taxes and everything. They were building this empire of crime…And I said, ‘I am interested in it because these are the craziest days.’ Everybody had a bootlegger. I suppose real poor people didn’t but you never went to a party where there weren’t cocktails. I remember feeling very deeply ashamed to think that my children would be growing up with parents who were breaking the law. How was I going to teach them to fly right? I certainly wasn’t up to bucking the trend. So I thought, ‘All right, Ill work on this, that’s fine.’”

In 1933, Governor Paul V. McNutt appointed her to the Liquor Control Advisory Board and she was elected secretary to the state constitutional convention that ratified the 21st Amendment, repealing prohibition.

brewery_celebration — Terre Haute Brewing Company, circa 1934, likely celebrating the repeal of prohibition, image courtesy of the Indiana Historical Society.

Her experience and qualifications made her a natural choice for public office. In 1934, she was convinced by the county chairman to run for Legislature during the FDR administration because “the Democrats smelled victory, because of the dramatic actions of the president. They wanted to get some names they thought would be meaningful to the voters so they invited me.” Although Nicholson had studied the issues in depth, it turned out that in order to be elected “all that was expected of one was to step up to the podium and say, ‘I stand four square behind FDR.’ That did it.”

Win she did, becoming the only woman to serve in the 1935-1936 legislature, where she faced sexism. According to the Indianapolis Star, during her time as secretary of the public morals committee, she informed her committeemen, “‘If you think you’re going to stop me from talking just because I’ll be taking minutes, you’re wrong-I’ve got some things to say, and I’m going to say them.'” Nicholson elaborated that many of her colleagues thought:

“Wasn’t it cute of her. She’s got a bill. She’s going to introduce it just like a man. Isn’t that darling?’ I restrained myself, because after all I was in the distinct minority. I could not offend them. So I would just bat my eyelashes and beam at them and act as if I thought it was the way I wanted to be treated. Wasn’t that the only thing to do?”

indy-star-jan-16-1935 — Indianapolis Star, January 16, 1935, accessed Newspapers.com.

Not only did she “have” a bill, but her breach of promise bill, dubbed the “Anti-Heart Balm Bill,” made waves in Indiana and across the country. Nicholson’s proposal would outlaw the ability of a woman to sue a man who had promised to marry them, but changed their minds. She felt that deriving monetary gain from emotional pain went against feminist principles and that if a man did the same to a woman he would be absolutely condemned. Nicholson described her reasoning for the bill, which generally had the support of women across the nation:

“…it just seemed perfectly silly to me, that from time immemorial, a female being engaged to be married could change her mind and say, ‘Sorry Joe, it’s all off.’ But if the man did, and if he had any money, he could be sued. I thought that was absolutely absurd. . . . The thing that was so amazing and truly surprising to me is that it was widely interpreted as giving free reign to predatory males to take advantage of chaste maidens which, of course, was diametrically opposed to what my conception was. I thought-and I still think-that it was an early blow for women’s liberation. I thought it was undignified and disgusting that women sued men for the same changing their mind about getting married.”

Nicholson’s bill passed the House fairly easily, but was held up in the Senate because, in her opinion, “Something new was being tried and several of the senators felt, ‘Why should we be first?” The bill also encountered resistance by lawyers who profited from breach of promise suits. Eventually the bill passed, inspiring similar legislation in other states. The Indianapolis Star credited Nicholson’s bill with bringing the “Spotlight, Pathe News, Time and Look magazines hurrying to Indiana by sponsoring and successfully promoting the famous heart-balm bill which has saved many a wealthy Indianian embarrassment, both social and financial by preventing breach of promise suits.”

karl_kae_knecht_cartoon — Karl Kae Knecht Cartoon, courtesy of Evansville Vanderburgh Public Library, accessed Indiana Memory.

After passage of the “Gold-Diggers bill,” Nicholson was invited to speak around the country. At an address to the Chicago Association of Commerce and the Alliance of Business and Professional Women, she said “It seemed to me that we should say to these gold diggers and shyster lawyers, as did the Queen in ‘Alice in Wonderland,’ ‘Off with their heads!” She added, “I am not a professional moralist, but I have attempted to set up a deterrent to irregular relations by removing the prospect of pecuniary profit from them.”

Nicholson also received criticism during her legislative career for supporting the Social Security Act, for which a special session was called in 1936. The Head of the Indiana Taxpayers Association stopped her near the statehouse and asked if she would be voting for “‘that terrible communist social security.'” When she confirmed she was, Nicholson noted that his face creased with rage and he sped off in his chauffeured car. A state senator shared his conviction, contending that the act’s supporters were “‘Trying to turn this country into a GD Ethiopia!'”

Perhaps the most intense scrutiny Nicholson faced as a lawmaker was in her role as a working mother. The Indianapolis Star noted that nothing made Nicholson madder than “to have interfering friends charge that she is neglecting her family to pursue the career of a budding stateswoman.” The paper relayed Nicholson’s response:

“‘Some of my friends have told me that they think it is ‘perfectly terrible’ of me to get myself elected to the Legislature and spend the greater part of sixty days away from the children. . . . I told them, ‘I don’t spend any more time away from my children than other mothers do who play bridge and go to luncheons all the time.’ I try to be a good mother and so far as my being in the Legislature preventing me from going to parties is concerned, I don’t care much for parties anyway!'”

dotoasd — Nicholson with her daughter, Indianapolis Star, March 23, 1941, p.55, accessed Newspaper.com.

Despite criticism, Nicholson proved steadfast in her political convictions and was perceived of as a “force” by many observers; the Indianapolis Star proclaimed “Mrs. Nicholson yesterday wore a modish dark red velvet dress and smoked cigarettes frequently during the proceedings, and if any of her fellow legislators didn’t like it, it was just too bad. It was a pleasure to watch her.” When her term ended, the tenacious legislator ran for reelection, but lost because the political climate swung in favor of the Republican Party. However, this was far from the end of her public service.

Check back for Part II to learn about her WPA work alongside Ross Lockridge Sr.; visit with Eleanor Roosevelt; tiresome efforts to find housing for African American soldiers in Indianapolis who had been turned away; and observations about the Red Scare in local politics.

*The Nicholsons were not Jewish. It is likely that the author of the letter used the word “Jew” as a derogatory term for progressives.

Share this:

Share this:

Share this:

Share this:

Share this: