The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-05-06

Fair Play for Women.
Tho cano which might we'll DO entitled,
kllgorc va. The Bar OF Philadelphia, ends
IN tho triumph Of Mrs. Kilgore. The vic.
tory Is not complete, for though one Of the
Common Pleas courts Of Philadelphia has
admitted her to practice, three others have
already refused 10 admit her. Having car.
ried her point In one court, and being al.
ready in practice btioro tho Orphans
Court, Mis-. KiIgoro may BIO trusted 10 re.
turn to tho assault on the remaining do.
!cnacs OF eek prejudice.
Judge ThGyer, III considering Mp. XII
gorD's application, declared it plain that
since women Tcro not excluded from tho
bar by act Of Assembly, "either by express
words or by necessary implication" the
question CT q woman's admission 10 prsc.
tico as IN attorney rested in the judicial
discretion. lIo found no statute or custom
standing in the way, regarding as bad
Logic tho argument TINT because a thing
had never been 1t never could be. "To
decide new questions 90 they arise out Of
the changing conditions OF 8ociety," said
Judge Ttiayer, "end TO define legal rights
heretofore undetermined by any statute or
legal decision, cannot bs ua;d in any jus.
Just sense 10 be M ~usurpation Of Legislative
powers or az understandable exercise oil
judicial authority. That is one Of the pur'
pesos Tor which courtH exist"
The applicant was before the court with
a diploma Of the University Of Pennsylva.
min certifying that she had won from that
old and honorable institution tho degree o!
bachelor Of Laws. In this very TACT Tie
court recognized y marked change in the
temper OF society, and asked whether the
courts were TO make no note OF these things
"and the rights which have grown out OF
them, or are We to set ourselves to the
vain task OF attempting to turn back the
wheels OF time TO convince history that it
10 al wrong, and 10 say, ut this time OF
day, thu. a woinan shall not be permitted
to pursue the vocation to which her tastes
lead her and for which her studies have
qualified her" ID.
This presents tho whole question in a
nutsle!l-wheIher u woman is to have fair
play in Bpiie OF her sex, or whether a man,
who starts with the great advantage OF the
sturdy aex, is TO be forever favored in the
race OLLIE by artificial trammels and EN-.
barrassment put upon women. In those
employments requiring heavy physique
and robust strength men will always have
tho advantage, though unfortunately in
Bome countries q hard necessity compels
women to compete with men in the
heaviest labor.
In the practice OF the law men will also
continue to have u rrea! advantage, no.
matter what ability women may bring 10
the bar. But men ought to DO content
with these advantages, which may DO
called natural because they grow largely
out OF n prejudice which is SO bred in the
bone that it seems part OF human nature.
a successful woman lawyer at every bar
would 80 far 10 remove or ut least Bubdue
this prejudice, but still the male lawyers
would retain much OF their advantage. In
Philadelphia the bar is overstocked, and
still the lawyers Offices and law schools 20
on grinding their grist and dumping it on
glu.ted market, This explains in part tho
u%nsenerous disposition OF Philadelphia
lawyers towards ONE applicants; and the
came conditions apply to other places.
II, as has been said, women will not
make good lawyere, then they arc little to
be feared, for they willgst little Of tho bust.
ness. However this may be, a woman
ought to hive as fair q chance as Il man 10
provo herself. Ii she cannot hold her own
in n lair fight, sho will 60 to the wall. But
women are making good progress in intel.
lec!ual puTsuite, and we shall yet see in
this country women celebrated for their
aki!l and succesa Mt the bar, as they already
are in art, letters and medicine. We arc
not hearing so much in this day Of
"woman's sphere" which now, almost BY
common consent, is anything che can do
well.
Woman will always find her chief en-.
ployment in the home; but it does not fol.
low that in no case is she to be permitted
to exert her force in any other way than
warming the pap and spanking the baby,