The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1869-12-30
An Important Opinion.
From the Davenport Qowa) Gazette.


The case of Miss Julia G. Addington,
who was elected County Superintendent
In Mitchell county, was referred by the
superintendent of Public Instruction to
the Attorney General, and Mr.. O'Connor
gives his opinion as follows:
Hon, 9. a. KasseW, Superintendent Of Pub
tsc Instruction: asfegfa
DEAR SIR: Rights and privileges of
persons (citizens) are frequently extended
but never abridged by implication. The
soundness and wisdom of this rule is, !
believe, universally conceded. Two claus
es OF the constitution only contain express
provisions excluding women from the
rights and privileges in such provisions
named
Section 1 of Article 1, as to the right
OF suffrage, and Section 4 of Article 3,
which provides that members of the Leg
islature must be free white male citizens
Free and white have lost their meaning
| Gf the words in that sense used, ever had
any suitable OF good meaning,) but the
word "male" still retains its full force and
effect 8eft .s..I.s..ssl
1t this express restriction exists in the
constitution as to any other Office it has
escaped my notice. 1t is true that the
words "person" and citizen frequently
occur in other parts of the constitution in
connection. with eligibility and qualifca
ton for office, and fully admit that by
usage-"time-honored usage" if you will
these phrases have, in common accepta
ton, been taken to mean man in the mas
culine gender only,and to exclude woman
But recent decision in the Court of Elk
chequer, England, holding that the gener
ic term man included woman also, indicates
our progress from crude barbarism to g
better civilization. 1rasi.s III
The office of County Superintendent
was created by chapter SO of the Acts Of
the Seventh General Assembly, Laws oil
1868, pages 52-72. Neither in that act
nor In any subsequent legislation on the
Subject, have [ been able to find any ex
fpress provisions making male citizens 8
test of eligibility for the place, or exclud
ing women; and when / look at the du
ties to be performed by that officer--as
have with some care, and, l trust, not
without Interest," deem it exceedingly
fortunate for the cause of education il
Iowa that there is no provision in the Law
preventing women from holding the Office
of County Superintendent of Common
Y chaols. ~ 81
know that the pronoun he is frequent
| ly used in different sections of the act, anC
referring to the officer; but, as stated above
this privilege OF the citizen cannot be ia
ken away or denied by intendment or i'm
plication; and women are citizens as well
and as much as men. l4a
1 need scarcely add, that, in my opin
ion, Miss Addington is eligible to the Of
flee 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 M
. 1t is perhaps proper to state that an
opionion on this question, substantially in
agreement with the present one, was sent
from this Office to gentleman writing
from Usage, in Mitchell County, several
weeks ago, which, for some reason un.
known to me, seems not to have been made
public in the county. have the honor
to be, &C.,