Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-12-16
THE WOMAN QUESTION.

preme Court of Maine as to the legal abll-
ity of women to hold the Office and per
form the duties of Justice of the Peace.
will be read with keen interest by the in
telligent women of our State. Nearly
year ago the Governor and Council re-
quested the opinions of the Judges upon
this matter. The questions asked were
two, first, as to whether the constitution
and laws of this State permit women to
hold the Office of Justice of the Peace;
second, whether the Legislature can au-
thorize the appointment of women as JUS
tees of the Peace or to administer oaths,
take acknowledgment of deeds, OF SOL
emnize marriages, so that the same shall
be legal and valid.
Five of the eight Judges agree i'll an
opinion that the offices created by the con-
stitution, among which is that of Justice
OF the Peace, are to be filled exclusively
BY males. Their reasons tor this decision
are that they find the constitution of Mas
sachusetts, from which State we separated,
excluded females from the exercise OF
the judicial function. according to the de-
cision of the highest court; also that the
constitution of Maine was wholly the work
of its male citizens, that in them all polt-
ical power was vested, that it was never
contemplated by its trainers that the ofil-
ces created under it should be filled by
those who had no voice in making or es-
tablishing the constitution, and that the
practical construction placed upon both
the constitution of Massachusetts and
Maine has been in harmony with the idea
of excluding females from the offices ere
ated by those instruments. Nevertheless
they say they have no doubt that the leg
islature may create new offices not emu
merated in the constitution. and may au.
thorize the performance of the duties SO
created by persons Of either sex; also that
itmay authorize the appointment OF women
to administer oaths, to take acknowledge
ment of deeds or solemnize marriages, so
that the same shall be legal and valid.
From the foregoing opinion of the ma
iority OF the court, Justices Walton and
Barrows dissent so far as to hold that the
legislature is competent to authorize the
appointment of women to act as Justices
of the Peace. They find nothing in the
constitution prohibiting the passage of a
law to that effect. and therefore are of
opinion that where it does not appear
from the instrument itself that the trainers
of the constitution intended to prohibit the
enactment of such law the legislature
may enact it,
The third and last opinion is that OF
Judge Dickerson. He takes the most adj
vanced and radical ground in favor Of the
appointment Of women, holding that moth
ing in the constitution prohibits their APP.
pointment. and that they may hold the of:
fee equally as well and by the same right
as males. and without the passage of any
new law by the Legislature to enable them
to do so. He supports his opinion by a
very able argument, which will make a
deep impression upon the public
mind. Planting himself upon the ground
that the letters of the constitution does not
exclude women from holding the offices
established under it. he opposes the idea
that the law of usage, the interpretations
of past times, should be allowed to decide
this question, especially since women have
advanced from an inferior and almost
slavish condition to a position inwhich they
are recognized as the equals of the male
sex. His reasoning is strong. clear, and
convincing. making a most effective plea
for the female sex, one that will be instru-
mental in promoting the increase of their
privileges. Although it is not authority
it will command respect. and jostle fear
fully the opinion Of the majority.
Since the adoption of our State Consti-
tuition there has been remarkable change
in public opinion concerning the rights
and privileges of the female sex. Then
they had few rights under the law, and
few privileges by which to improve their
condition. Educated women were rare !;
the mass were almost without education
1t was said they had no need of learning
and no capacity TO attain it. The boys
were sent to school and college. the girls
were kept at home. Now the best schol-
ars in onr public schools are generally the
girls, and they also outnumber the boys.
Female seminares and colleges have
grown up and are well patronized, and
females are pushing their way into the
professions and into many vocations for
merly monopolized by the male sex. Col
leges once devoted exclusively to the edu-
cation of men now admit both sexes
Comparing the sexes together in the State
as to education the males would have no
superiority to boast OF. The advancement,
which the female sex has made since our
constitution was framed. has iolc.d recog-
milton in private and public affairs, in bus.
mess, in the courts, and even in this very
majority decision of the Judges who halt
at precedent, usage. and1 old construc