The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1884-03-05
Women Lawyers.

1 Opinion by Stephen S. Remak,
written out at the request OF Hon.
Wm. \. Ashman, one of the Judges
of the Orphans Court of Philadel-
phia county:
The right of a party to be heard
by himself or counsel was officially
conferred by the Provincial act of
100, which enacted: That in all
courts all persons, of all persuasions
may freely appear in their own way
and according to their own manner,
and there personally plead their own
cause themselves, or, if unable, by
their friends. Foot note on page
80 of volume /, Purdon's Di-
gest.
The act of March q, 1906, con
firmed the above.
The act ofApril IA, 1884, provides
as follows:
The judges of the several courts of
record of this Commonwealth shall
respectively have power to admit
a competent number of persons of
an honest disposition, and learned
IN the law, to practice as attorneys
IN their respective courts.
The judges have thus the power,
but are not commanded or required
to admit as attorneys-at-law any,
body. The words competent mum
Der of persons might mean that the
persons should be competent, but
also that the number of persons
should be competent. 1t seems that
the act did not confer upon the Cit
zens any right or privilege a priv
llege was given to the Judges evil
IDENTIFY in the interest of the public {:
hence, if the Judges should think
that there are too many attorneys-at
law within their Jurisdiction, they
might suspend their rules for ad-
mission until further notice. But
what Is a competent person ? The
Constitution of Pennsylvania decides
this. 1t is well known fact that
an attOrney-at-law is an officer of
the court, but he is also an officer
of the Commonwealth. 1t has never
been do Ibted, but nothing can be
taken for granted with regard to the
latter position, because upon this
hinges the question of the admission
of women to the bar in Pennsylva-
MIA Article 1, Section 6 OF the
Constitution of Pennsylvania pro-
vides:
No Senator or Representative
shall, during the time for which he
shall have been elected, be appoint
ed to any civil office under this
Commonwealth, and no member of
Congress or other person holding
any Office Except attorney ut law or
in the militial under the United
States or this Commonwealth shall
be member of either house during
his continuance in office.
This means that Notwithstanding
the office of attorney at law, and
any office in the militia, are offices
under the Commonwealth of Penn
sylvania, still such attorney-at-law,
or one holding any office in the mi
litia, may be at the same time a
member of the Senate or House of
Representatives OF Pennsylvania.
Can a woman be an officer under
the Commonwealth of Pennsylvania? I.
Decidedly not. Article VIII, Sec. |
of the Constitution of Pennsylvania !
provides:
Every male citizen q years ofage |
possessing the following qualifica-
tiOns, shall be entitled to vote at all /
elections, etc.
1t Is not necessary to mention /
here the qualifications of a voter /
They do not constitute a part of the /
question in hand. The status of the /
voter must be male citizen" 1t is
not denied that a woman is a citizen
but she is not male citizen" and /
only such male citizen has the I!
right to vote at all elections. Thus
no elective franchise Is conferred bv F.
the Constitution upon woman in |
Pennsylvania. The consequence is
that she cannot hold an office under
the Commonwealth. In article | |
section 6, already quoted) it is dis /
distinctly said: No Senator or
Representative shall, during the /
time for which he shall have been /
elected in connection with /
which the attorney-at-law is men
toned. Thus there Is not particle /
of doubt that only men can be voted
for under the Commonwealth.
1t is not generally known that /
the Cabinet of the President of the /
United States i not an authority /
under the Constitution Of the United .
States, but simply creation of the
different acts of Congress but the I
attorney a. law is in Pennsylvania .
an officer under the Constitution (of
course of Pennsylvania. because he Z
is mentioned in the Constitution, !
whilst the Cabinet is not mentioned 4
in the Constitution OF the United [
States.
The question of progress" in thi,
enlightened civilization mas nothing
to do with the question of admission /
of women to the bar in Pennsylva-
mia. 1t is the organic law which I
forbids it. No la,ryer, whether male /
or female, would want to practice .
as attorney at law in Pennsylvania .
in violation of the Constitution. J
Article Y, section ), provides : ]
" Women 2l years of age and up /
ward shall be eligible to any office /
of control or management under the
school laws of this State"
This gives women the privilege of
being officers under the school laws
but not under the Commonwealth.
STEPHEN 5. REMAK.
DI,Io l.i,l,a Tan % 1894