The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-07-30
OF CONsrI FuTIONAL AGE.

10 HE l~NDEpkNDENT: II lNDEp ENDENT
Of July %, quoting the Jougnal Of Ports
mouth, N. H.. states that Miss Ella L.
Knowles is about twenty years old. Upon
the authority of the lady herself, she 10 Of
the age Of thirty-one YEARS, and the es-
teemsd oontem porary undoubtedly made a
misprint. when it stated that she was about
twenty years Of age.
As to the eligibility of Miss Knowles, in
dependent Of the matter of age, We refer to
the act passed by the terrific rial legislature
OF 1889, which is as folio VS.:
Section one hundred and two, Of chap
ter nine OF the fifth division Of the general
laws of Montana, 10 hereby amended by
adding thereto the following: Provided.
that all persons otherwise qualified shall
be eligible to be admitted to practice as
attorneys and counselors at law without re-
gard to sex. and wherever the words he
or his are used in this chapter they shall
be construed to alsosinc!ude she or her"
SO that the section when amended shall
read: Section one hundred and two: No
person shall be permitted to practice as
and defend any action, suit or plant. in
which he is not a party concerned in any
court of record within this territory,
either by using or subscribing his own
name or the name of any other person with
out previously having obtained a license
for that purpose from some two of the
Justices of the supreme court, which
license shall constitute the person receiving
the same an attorney and counselor at law,
and shall authorize him to appear in all the
courts of record within this territory and
there to practice as an attorney and coun-
selor at law according to the laws and Gus
toms thereof. for and during his good be-
havior in said practice. and to demand and
receive all u fees as an attorney and
counselor at law in this ter Eitory. Pro.
vided, that all persons otherwise qualified
shall be eligible to be admitted to practice
as an attorney and counselor at law with
out regard to sex and whenever the words
he or his are used in this chapter they
shall be construed to also include she or
her."
Section e39. chapter 8, entitled "Misosl-
laneous Provisions" compiled statutes of
Montana, uses the following language:
Words used in this act in the present
tense shall be deemed to include the future
as we'll as the present; words used in the
singular number shall be deemed to include
the plural, and the plural the singular, and
the words used to include the masculine
gender, shall include the feminine gender"
The constitution of the state of Mon
tana. article 7, section 3. says:
mo person shall be eligible to the office
of governor. lieutenant governor, or SUPER
lntendent of public instruction. unless he
shall have attained the age Of thirty wears
at the time of his election, or to the Office
of secretary of state. state auditor, or state
treasurer, unless he shall have attained the
age of TWENTY-FIVE years, nor to the ofic of
attorney general until he shall have at |
tanned the ags of thirty years. and have
been admitted to practice IN the supreme
court OF the state or territory of Montana,
and be in good standing ut the time of his
election. In addition to the qualifications
above prescribed, each of the officers named
shall be 4 citizen of the United States, and
h n y "a YpciIad within thu ct1fa ~ Aa.,A-..
two years next preceding his election"
II is = w~ell-known fact that in the inter-
probation of the law, and in the ordlnary
Interpretation of the English language, the
term he is used with reference to man
kind in general. and includes the feminine
she.
Miss kn owles has resided in the state of
Montana nearly five years, and has prac-
tlced before the supreme court of the state
for more than two years, and is in gooi
standing a. the bar.
Ii will be seen by observing the above
statutes and constitutional provisions that
she is eligible to the office for which she is
nominated. at least such is the opinion of
many of the Leading lawyers of Butte CITY,
ns VIII az Helena. Miss Knowles SAYS her-
self that she will have no hesitancv, pro-
vldlnR she receives u plurality Of the votes
OF the qualified electors of the state of
Montana. in contesting this matter in the
courts, should the contingency arise, as she
has no doubt but that she is eligible to the
office under the law, inasmuch as the stat
ntes of Montana provide that she may prac-
tlce Inv as an attorney in the state, and the
constitution provides that the attorney gen.
eral must be All attorney at law, and fur
Their provides in Sec. l, Of Sec. Xxx, as fol-
lows:
"All laws enacted by the legislative as
sembly of the territory of Montana. and in
force at the time the state shall be nd
mitted into the union and not inconsistent
with this constitution or the constitution |
o. laws of the United States of Amer
lea, shall be and remain in full force as the |
laws Of the state until altered or repealed,
or until they expire by their own limita-
ton" /,
1HE INDEPENDENT states, that Miss
Knowles herself cannot vote for attorney |
general, or any other state officer" This
is true, but neither can the nominee for
for county su petintendent of schools, when
a woman, vote for any county officer, vet
she is eligible to the Office of county SUPER
%intendent, which by analogy would seem
to show that Il woman is eligible to the
office of attorney gene al when Il pfacticinV
attorney at law even though she NAV not
vote for state officers.
ATTORNEY AT LAW.