Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1884-02-20
Women Lawyers.

Opinion by Stephen ;. Remak,
written out at the request of Hon.
VIM. y. Ashman, one of the judges OF
the orphans court Of Philadelphia
county:
The right Of a party to be heard by
himself or counsel was originally con-
ferred by the Provincial act of 1900,
which enacted: That in all courts all
persons, of all persuasions, NAV freely
appear in their own way and accord
ing to their own manner, and there
personally plead their own cause them
selves, or, if unable, by their friends. -
Foot note on page 90 of vol. Pur-
don's Digest.
The act of March q, 1906, confirm
ed the above.
The act of April IA, 1884, provides
as follows:
The judges of the several courts of
record of this Commonwealth shall re-
spectively have power to admit CON-
petent 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 ss attorneys-at-law anybody
The words competent number of per-
sons" 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 up
on the citizens any right or privilege.
A privilege was given to the judges,
evidently 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 admission until
further notice. But what is a compe-
tent person The Constitution of
Pennsylvania decides this. 1t is a
well-known fact that an attorney at
law is an officer of the court, but he is
also an officer uf the Commonwealth.
1t has never been doubted, 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 Pennsylvania.
Article |, Sec 6 of the Constitution of
Pennsylvania provides:
No Senator or Representative shall,
during the time for which be shall have
been elected, be appointed to any civil
Office under this Commonwealth, and
no member of Congress or other per-
son holding any Office Except of at
torney at law or in the militia) under
the United States or this Common
wealth shall be a member of either
house during bis 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 Pennsylvania.
still such attorney at law, or one hold
ing any Office in the militia, may be at
the same time member OF the Senate
or House of Representatives of Penn
sylvania
Can a woman be an officer under the
Commonwealth in Pennsylvania ? De-
cidedly not. Article VIII, Sec of
the Constitution of Pennsylvania pro-
vides:
Every male citizen 81 years of age
possessing the following qualifications,
shall be. entitled to vote at all elections,
etc, etc.
1t is not necessary to mention here
the qualifications of voter They do
not constitute q part of the question in
hand. The status Of the voter must be
"male citizen" 1t is not denied that
woman is citizen, but she is not
"male citizen" and only such "male
citizen has the right to vote at all elec-
tions Thus no elective franchise is
conferred by the Constitution upon
woman in Pennsylvania The conse-
qucnce is that she cannot hold an Office
under the Commonwealth. In article
l, section 6 (already quoteD it is dis
tinctly said: NO Senator or Repre-
sentative shall, during the time for
which he shall have been elected
in connection with which the attorney
at law is mentioned Thus there is not
particle OF doubt that only men car
be voted for under the Commonwealth.
1t is not generally known that the
Cabinet of the President of the United
States is not an authority under the
Constitution of the United States, but
simply a creation of different acts OF
Congress; but the attorney at law is in
Pennsylvania an officer under the Con-
(of course of Pennsylvania),
because he is mentioned in the Consti-
tuition, whilst the Cabinet is not men,
toned in the Constitution of the Unit
ed States.
The question of progress" in this
enlightened civilization has nothing to
do with the question of admission of
women to the bar in Pennsylvania.
1t is the organic law which forbids it.
No larger, whether male or female,
would want TO practice as attorney at
law in Pennsylvania in violation Of
the Constitution.
Article Y, section 5, provides "Wo-
men p years of age and upward shall
be eligible to any Office of control or
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 s. REMAK.
Philadelphia, Jan. %, 1884.