The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1870-03-19
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The New York Independent of the 10Th instant,
contains an article entitled "a Feminine bred
Scott case" which sets forth the fact that Mrs..
Myra Bradwel has been refused license to prac-
tice law in Illinois, by the Supreme Court of
that State. The application for the admission
of Mrs. Bradwell TO practice in the courts as an
attorney or (if you will allow coinage) an at
torness, was made at the September term of last
year. 1t was made to the Supreme Court Of the
State by Robert Hervey, esq, Of Chicago,
and was accompanied by the usual certificate Of
character, Mr.. Hervey moving at the same time
that she Oe admitted.
On the 9th of October, the court sent to Mrs.
Bradwell, through its reporter, brief commu-
nication, refusing her application for the follow
ing reasons ''That she would not be bound by
the obligations necessary to be assumed where
" the relation of attorney and client shall exist
"by reason of the disability imposed by her
married condition-it being assumed that she
ais a married woman" This is founded upon
the we'll settled principle of the common law that
married woman cannot be bound by her con-
tract
The refusal was not based solely on the fact
that Mrs. Bradwell is woman, but that she is a
married woman.
Seeing that the court evaded the real point in
controversy upon this application, she renewed
it in about month after, by filing an addition
al brief, "more acute and learned than the first
entering into an elaborate discussion Of the
particular ground taken by the court in its re-
fusal to grant her license to practice law.
In this brief she says: "Your petitioner ad-
mits to your honors that she is married wo-
man (although she believes that fact does moi
appear in the record y but insists most firmly
that under the laws of Illinoiss-it Y x neither q
crime nor disqualification. Her arguments in
clude the following points a. What is an at
torney? (2.) Who may be attorneys? (3.) The
rights and powers of married women in relation
to their business and property under the COM
mon law2 a. Their rights and powers as to
transactng business under the recent statutes Of
our State Gill; with reference to their transact
| ing business in their own names and acting as
attorneys. 81 The avenues of trade and pro-
fessions opened to women by the liberal enact
ment of the lawmakers and the constructions Of
the courts. (6.) How the Legislature has regar-
ded the petitioner with reference to her rights tc
carry on business in her own name and act for
herself.
The court being impressed with her perse'
verance and her mastery, Though feminine)
arguments upon all the legal questions 10 which
her application gave rise, took time to consider
the matter thoroughly before repeating their first
decision upon the case.
The opinion of the court, delivered by the CHIEF
justice in the last week in January, sis docu-
ment that does great credit to the judiciary oil
| Illinois, both for matter and manner" 1t re-
views the whole matter in controversy and states
that the applicants intellectual and moral fit
ness'' have nothing to do with the decision of
the case. The court says "of the ample qualif-
cations of the applicant we have no Doubt
But they are forced to retreat from the ground
first taken and put their second refusal upon the
ground of sex-not of married woman-by say
ing ''that the sea of the applicant Independent Of
coverture, is, as the law now stands, sufficient
reason for not granting this license" Thus
Mrs. Bradwell must petition the law-making
power for redress in her case before she can have
the doors of the profession opened to her sex.
Mrs. Bradwell is the editress ola weekly Jour-
nal, published in an interior town ofIllnois, en-
titled the Chicago Legal NeaOs, 'devoted to the
discussion of law questions and TO the report oil
law decisions" This is very valuable paper,
and its reports are currency among the legal
profession of the Northwest and by act of the
Illinois Legislature are received as good author.
ity in the State courts.
There seems to be 40 question, concerning
Mrs. Bradwell's high legal attainments, nor Of
her entire ability to discharge the duties Of an
attorney. Her evident perseverance and persis-
tent determination to press the matter before the
court will doubtless induce her to exercise the
same indomitable spirit in presenting and push
ing the matter before the Legislature of the
State.