The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-01-10
ARE WOMEN ELIGIBLE3
Can They Become County Superintend-
ents of Educatlon2

ents OF Educationp
Special ispatch TO The Appeal
NASHVILLE, Tenn, Jan. 9.-Beiore the
election Of Miss Nellie O'Donnell TO the
position OF Superintendent OF the Shelby
County Schools Superintendent OF Public
Instruction Smith declared that women
were eligible to office. lie asserted this in
circular issued to the County Courts OF
the State. Acknowledgement Of the State
Pickle today gave his view OF the question
in the following letter, written 10 the state
Superintendent OF Public Schools
NASHVILLE, Tenn.
Tho Hon. Frank Smith, State Superintendent Of
Fable Instruction:
Sir-Your favor transmitted 20 me
through the Executive, requesting my
opinion touching the eligibility OF women
10 the Office Of County Superintendent of
Public instruction, has been carefully con-
sidered. The Legislature has created the
office OF County Superintendent OF Public
Instruction, aud made provision for filling
IL in one Of the methods recognized by the
Constitution, to-wie An election by the
County Court The Constitution, Articlel IL,
Section IL, Public School Laws pamphlet
Page >. Incumbents OF this office should
possess those qualifications for office hold
ing prescribed 10y the general laws OF the
State. The code under the title Of "Eligi.
biliiy Of Officers defines those qualilica-
tinns in the following language: "All free
white males OF the aye of twenty-one years
Of age who are citizens OF the United
States and OF this state, and have been
inhabitants of the State, county, dis
trict or circuit the period required by
the Constitution aud laws Of the State,
are qualified to hold office In this State.
Code e.. and = Section "a, by acts OF
lSG6-'G7, Oh. 81, all disqualification on
account OF race or color" WIS removed,
Code) I. and 81 Section "a. The Legisla.
turc having named the qualifications for
holding office, all are necessarily excluded
who do not pass these qualifications. The
requirement that those holding office in
this state shall be males, has never been
repealed. II applies 10 all Offices.
IL IL found in juxtapositon
with the requirements that persons
holding Office shall be twenty-one years
OF age and citizens OF the State and the
| United States aud residents OF the county
or district. All these requirements should
be observed ntilrepealed or altered by the
Legislature. II any one may be dispensed
with, all may with equal propriety be dis
regarded. II u change in the laws be de-
simble the remedy is with the Legislature.
such has been the case In other States.
Ny conclusion l. that under the existing
laws women are not eligible 10 the Office
Of County Superintendent. Respect
fully, GEonuE PIcKLE
Attorncy-Gcneral.
"a woman has been elected, what do
you propose 10 do about it?' was next
asked u Supt. Smith.
81 think the question will have 10 be
settled 10y adjudication. There arc con-
ilicting constructions Of the law. Il will
be best 10 bring an agreed case before the
supreme Court and sccup an opinion. !
am not opposing woman's election because
she is woman. / avn executing what
think Is the law. II they are declared
eligible | will be perfectly satisfied"
Mr.. Pickle was questioned ~ 10 tho
matter and referred the reporter TO the
written opinion given above.