Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1869-12-17
weman's Eligibility to office in
Iowa.

Our readers will doubtless remember that
at the last election the people Of Mitchell
County did themselves the honor to select
Miss J. c. Arlington as Superintendent Of
Schools. Being i'll doubt as to her right as
woman to hold office under the laws of
,he State, Miss Addingon addressed let
Ter 10 State Superintendent Kissell asking
his opinion upon the subject. Mr.. Kissell
in his reply aiIirms the eligibility Of Miss
addington, and fortiies his opinion by that
If the Attorney General, Hon. Henry
O'Connor, contained in the following letter:
Hon. 4. S. KisseH, Superintendent Of Pub
&c Instruction:
DEAR SlR:-Rights and privileges of per-
soaa tcitiSensl are frequently extended, but
rever abridged by implication. The sound
ness .ad wisdom OF this rule of construction
is, believe universally conceded. Two
clauses of the constitution only contain ex-
press provisions excluding women from the
rights and privileges in said ro,isions
named
Section !. article l, as to the right OF suf
fraga, and section 4, Of article three, which
provides that members of the legislature
must be fee white male citizens. Free and
white have lost their meaning (if the words
in that use ever had any suitable or good
meaning but the word male still retains its
full force and effect.
IF this express restriction exists in the
constitution es to any other Office it has es.
capped my aotice. 1t is true that the word
person and ''citizen" frequently occur in
"A other parts Of the constitution in connection
with eligibility and qualification for office,
and | fully admit that by usage--"lime-
honored usage" if you will-these phrases
have, in common acceptation, been taken
TO mean men in the masculine gender only,
md to exclude woman. Bat recent de-.
cision in tie court exchequer, England,
holding that the generic term man included
woman also, indicates our progress from a
Grade barbarism TO better civilization.
,he office of County Superintendent was
created by chapter 81 of the acts of the
seventh General Assembly, laws of 1868,
pages 52-72. Neither in that act, nor in
any subsequent legislation on the subject,
have been able to find any express provis-
ion making male citizenship test of eligi-
bilty for the place, or excluding women
aud when look over the duties to be per-
formed by that officer-as have with some
care, and, trust, not without interest,"
deem it exceedingly fortunate for the cause
of education in Iowa that there is no pro-
vision in the law preventing women from
: holding the Office of County Superintendent
of Common Schools.
know that the pronoun he is frequently
used in diferen: sections of the act refer
ring to the Office but, as stated above, this
privilege Of the citizen cannot be taken
away Or denied by intendment or implica-
ton; and women are citizens as we'll and as
Tnleh as men.
need scarcely add, that, in my opinion,
Miss Addihgton is eligible to the office to
which she has been elected that she will be
entitled to her pay when she qualities and
discharges the duties Of the office, and that
her decisions on appeal, as well as all her
Official acts, will be legal and binding.
1t is perhaps proper to state that an opin.
ion on this question, substantially in agree
ment with the present one, was sent from
this Office to gentleman writing from
Usage, in Mitchell county, several weeks
ago. which, for some reason unknown TO
me. seems not to have been made public in
the county.
have the honor to be, &C.,
HENRY O'CoNSoR,
Attorney Gen1.