The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1881-05-14

Decision of Judge VIM. n. Hayden upon
the application of Mrs. BeiVa A lock
wood. of Washington. u. G.. for &dmi$'
sion TO the Carroll County Bar.

Circuit Court here on Monday, and motion
was made by Col VIM. i. MaulsbY tor her
admission to the bar. The Court held the
motion under consideration until tuesday,
when, in an able opinion, the Court denied
the applicant admission.
Mrs. Lockwood stated TO the court on Mon
day evening before adjournment that she
was A practicing attorney in the United States
Supreme Court, in the various courts OF the
District of Columbia, in the United States
Court at Baltimore, and exhibited a certificate
of admission to the bar of Frederick county,
Md, court. She also cited the court to sec
ton of article 80 of the Revised Code,
which provides that lawyer from another
State or Territory, when applying for license
to practice in court of this State. 1t shall be
the duty of the court to admit him upon the
same terms and under the same regulations
that a citizen of Maryland would be admitted
to the court ofe tn State, District or Ierrtorym
which said applicant may have practiced, or
may have been licensed to practices PROVIDED,
that in the said State, District or Territory the
mode andt erms ofadmission to the bar be regu-
lated by law. The court was then cited to the DIN
rule of Interpretation OF the statutes, when
saws that masculine includes all genders,
except where such construction would De ao-
surd and unreasonable.
The court first took up the decision OF the
MARYLAND Court of Appeals in the matter OF
the application of Charles Taylor, colered,
who had applied to practice in that court, and
claimed the right of admission under the pro-
visions of the lIth amendment of the federal
constitution, which prohibits States from
making determinations against the negro asa
class. The Court of appeals ia this case fol-
lowed the decision of the I. ). Supreme
Court IN the slaughter house cases, which
held that the amendment had reference only
to the rights and immunites belonging 10 cit
liens Of the United States as such, as contra
distinguished from those belonging 10 them
as citizens Of State From this the Court
of Appeals held that If there Is a difference
between the privileges and immunities be-
longing TO a citizen of the United States as
such, aud those belonging 10 a citizen OF the
State as such. the latter must rest for security
aad protection where they have heretofore
rested The court decided that the right TO
admission to practice law in the courts Of
State was one not belonging to citizens ofthe
United States as such. and that the right 10
control and regulate the granting of license to
practice law ia the courts Of State is one Of
those powers which are not transferred fer It's
protection to the federal government. and ITS
exercise is in no manner governed or con.
troled by citizenship Of the United States IL
the party seeking such license. 1T IS the
prerogaiiyeoflh Legislature, says the court,
TO prescribe regulations founded on nature,
reason and experience. for the due admission
Of qualified persons to professors and ce.i-
iugs demanding special skill and soufdznee.
This fairly belongs to the police pOver OF the
State
From this decision. said Judge Hayden aud
the authorities therein referred to- Il appear
ed to be we'll settled that the several States
may by statute provide for the admissioa Of
persons TO practice law in the State courts
AID prescribe their qualifications. aotwith-
standing the l4,h amendment 10 the federal
constitution. Our statute laS on this subject
is. therefore, legitimate exercise Of the Leg
islaiive Niii
Scetisa 2, article 50. Revised Code, ex-
pressly provides for the admission Of white
max citizens 10 practice Las in the courts Of
this state Al. the sections Of this article Of
the code. said the c5u7i. must be read and
construed together to enable ~ TO ascertain
the tsae intent and meaning Ct the Leeisia-
iarp. When We End such an express prDri-
sion ihat the applicants shall be vhste naGles,
Ii would certainly be unreasonable 70 say THIS
means feHsalss. Hence, the rule Of intsFpre
sasion that The masculine includes all gen
dors, except where saeh Construction would
De absurd or unreasonable. = has no appllca-
ton 20 this case. Bat, confused the eOari.
- are n0t wittogi Authority on this point.
The Supreme Coart Of Wisconsin, IN the
matter Of Miss r. l-aviah GoOdrIl, applying
fer admission 30 the bar % The SapFeme Cosri
81 that State, vas cited BY the court ia sup.
port Of It's decision. In Nisconssa the rules
81 Interpretation. On the p0ist under coasid-
Grafton. are substantially the saase ~ 10 Ma
ryIhnd. and the language OF the statute applies
Z. k7fA
admitted 70 practice law in the eoarts q that
State The Wisconsin, court held that, Il the
rslo Of Interpretation vas carried oal, A con
strard hy the applicant, !, woaid make females
eligible u nearly all The Offices Of the State,
exccpi 50 far az the Constitution may later
pose a vlrilc qualification; that il vas evident
that the LezislAiure did NOS Intend sweep
iuE sevolution Of the socisl order By adopting
= very innocent rule o. statutory constructions.
Ia couclusion Judge Hayden read fron the
orInisn Of Chief Justice Ryas, abo delivered
The case yasi cited. as follows We casnOt
bat lhiuk the eommoa laE wtsc IN excluding
women from The profession Of ihc Law The
proiessios eaters largely into the Uel being
Of society; and. 10 be hoaorahly filed and
safety 70 socfesy, exacts the devotion 81 life.
The laW o. nature dsst;nes and qualities the
female sex for The bearing aad uaFturc Of she
ehildren Of Cur race Asd for the custody OF
the homes Of the w0sld and iheir maintenance
10 love aud honor And all liso long callngs
OF Womca. Inconsistent with these radical and
sacred dates Of thesF sex, IS the profession
OF the las, are departures from the order Of
1atares and when voluntary, treason against
e. The cruel chances Of hfe sometimes bat.
Sc both sexes, and nay leave women free
from the peczEar duties of their sex. These
may need emPloymsst, aad should be vel
coHle 10 any noi derugAtory 10 their sex and
its properties. OF inconsistent With The good or
der Of society. But It Is public policy TO pro
vide for the sex, no, iar lis supcfHaous mem-
beTs; and not 10 tempt women from the proper
duties Of their sex bY opening TO them dates
peculiar 10 oars. There arc employmeuts in
life net unfit for female character The pro
fession Of the laE is surely 40, one Of these
The peculiar qualities Of womaBhOod, It's gen
tie gFaces, its qaick seasibiily, its tender sas-
eepsibiliiy, its purity, its delieaey, lie emo
tiOnAi impulses, its subordIBation Vi hard rea-
son 10 sympathetic feeling, are surely not
qualifications for forensic strife. Nature has
tempered woman as little for the iaTidical con.
hicts Of the court room. as for the physical
conflicts Of the battlefield WOmanhood IS
moulded for gentler and better things. And
Il Is not the saints Of the world who chiefly
give employment TO our profession Il has
essentially and habltua!ly 10 do with all that
is selfish and malicious, knayish and erimi,
nal, coarse and brutal, repuisiye aud obscene
IN human life Il woald be revolving to all
female sense Of the Innocence and sanctity OF
their sex, shocking 70 mans reverence for
Womanhood and faith in woman, on which
hinge all the better affections and humanities
Of life, that woman should be permitted to
mix professionally in all the nastiuess Of the
world which fnds its way into courts Of jus.
tice.
The Baltimore SuR's Washington CORE
spondeni, writing under date Of May II, SAYS:
Mrs. Belya 4. Lockwood, the lady lawyer,
Of this city, who was refused permission to
practice IN the Circuit Court at Westminster,
Maryland yesterday, gave dinner to a NUN
Der Of her friends and local journalists to-
night. Mrs. Lockwood is an applicant for
the position of minister 20 Brazil, being the
/ first woman who ever put in an application
| for a position in the American diplomatic ser
vice. Mrs. Lockwood said to a Sun CORE
spondent tonight that she would soon appear
before the Court of Appeals at Annapolis and
ask that she and all other women properly
qualified should be allowed to practice law
before that court. She says she will make
this application so that the full court will get
chance to pass upon the question, and
should It fail she viii next go before the Leg
islature and endeay0r to get law passed Civ
ing women lawyers the right to practice be-
fore all the courts Of Maryland.