The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1888-04-19

matter. ! request your opinion ~
above. ana very respectfully.
jonathan WEAvEE.
STATE oF kansas
| OFFICE oF ATTORNEY GENERAL.
TOPEKA. April ~. -
HuN. JONATHAN WEAVER.
Salina. kansas
M DEAR SIR:-Your esteemed
favor 81 April 10Th received aud con-
tents noted with care The eligihil-
I ity Of female TO the Office % State
| superintendent Of Public lnstruc-
tion has never been 8 subject Of Judi
I cial construction by our supreme
I Court. The office of state Superiu-
tendeut of Public Instruction is q
/ constitutional oneas YOU will find by
l peruSing the following language q
I section one uf article one Of the
I Constitution 81 the state IL Kansas
| 80, IIoN J. The executive depart
7 mrut shall consist of Governor,
I Lieutenant Governor, Secretary 10
I state, Auditor. Treasurer. Attorney
l General and Superintendent Of Pub
| %" Instruction: who shall be chosen.
/ hy the electors of the state 90 the
I time and place OF voting Tor MEM
I beers OF tne Legislature. and shall
hold their offices for the term Of two
/ YEAR from the second Monday of
| January next after their election
and until their successors are elect
I'll and qualified.
There H. nothing in this section Of
the constitution designating the sex
eligible Go election Co the office. Hv
turning 90 section fourteen Of the
same article We tint the follow ing
Language
SECTION "a. should either the
Secretary 81 state. Auditor. Treas
urer. Attorney General or Superin-
tendrut of Public Instruction be-
come incapable % performing the
duties Of h,. office for any Of the
causes specified in the thirteenth
section of this article the Governor
shall $40 the vacancy until the disa-
bility j. removed. or a successor D.
elected and qualified
The prOnoun "fs used in this
section in my opinion clearly indi-
GATES the mind of the makers Of the
Constitution upon the subject. and u
j. clearly shown that 10 was their in
tpntiou that male should OH the
office Judge Brewer In discussing
the subject Of the eligibility Of fe-
male 90 hold the Office Of County
OBSERVATION-DISCLOSURES Of Public Instruc-
tiUn in the case Of Mary r. Wright
~ Julius n. NOEL in I6 kansas.
commencing on page 6Ol, makes use
uf the following language which
may be- found on page Bi3
Thus generally. the power 90
choose officers vas committed 10 the
male adult--at first TO white male
adults and a. 10 some officers the
power 90 choose was still further r.
Stricted. Thus, a. 20 some. such a.
District Judges, locality was an adj
td restriction. Art. 8. See. 81
The reporter 10 clerk OF this court |
are chosen bv the justices Ar. g /
See
The state Printer b. chosen BY the /
Legislature. Art. ~. see. l. ne 1
amended iu l-oS
That particular section OF the con-
~titutiOn which Is under ronsldeTa- |
ton by the supreme Court relating /
to the election Of superintendent 81 /
Public Instruction Of the county, is I
the following Language
"A superintendent OF Public In /
-truction shall be elected In each /
county whose term Of Office shall be
two wears and whose duty aud COM
pen-ation shall be- prescribed by 4
law Art. o. See. 4
The court in discussing this partic-
ular portion of the constitution
makes Use of the following Ian
guage:
There b. here not only no express
disqualification Of females aud no
affirmative statement Of gualifica-
tious which would exclude them.
but also nothing in the shape Of pro-
NOM, or IA the teTminplogy. or in
the duties imposed. which would
imply the necessary or intended eX-
clu-iuu of either sex.
ann of the opinion that had
theprunoun has, been used On this
portion OF the constitution
referring Co the County ~uperintend-
eut of Public Instruction the court
would have held otherwise than
they did aud would have decided
that q female was not eligible 10 the
office Of county superintendent.
Finding the pr9noun 'bt.' in the
section Co which We have referred |
tu the office Of state super
inteudent OF Public Instruction. 10 l.
q NNAA 80 iANN lNNN'NNN NNNNN NNNH NWAA~AAANA- ]
ton makers did not intend that the
Office Of state superintendent Of |
Public Instruction should he filled |
by 8 female.
4 much a. { may regret the pecu-
liar Language 0l the constitution 20 D.
my duty 90 cou-tru- Do a. { find DO
aud a. | believe was intended hy the
trainers thereof
] have from time Co time construed
the statute and Constitution relating
% the rights ~ women o. hold Office
in this state and have in every case
construed them a. literally in the
interest of females a. 10 uas possible.
but after a careful con liberation 81
this section am of the opinion that
q female o. not eligible o. the office
~ state superintendent ~ Public /
Instruction.
This question not having been re-
ferred 10 me through an official |
channel this opinion b. not signed |
but had the question been
through the proper official
20 would have been the
same Yours spertfully.
=. b. BRtpFuRn.