Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1892-09-27

sILvEn CTrY. n. M, sept. %. '02

m WNANANMa
SILVER CRY, N. NJ, Sept. %, %
Editor SOUTHWEST SENTINEL!
Dear Sir;-In reply 10 youg inquiry as
TO whether a woman ia legally qualified
to hold the Office Of superintendent Of
public schools, I answer that in my
opinion she is.
The Organic Act contains two sections
on the subject Of qualifications fof hold
ing Office in this Territory. These are
sections 1859 and 1860, and are parts Of
the same Act Of Congress Sept. 8, 1850.
The former section covers the
first election to be held in tho Terri
tory and requires the officers elected
at the first electin 10 be male
citizens OF the United State over
the age Of twenty-one. The other
section which covers all subsequent cleo
tions, omits the word male, and provides
that all citizens Of the United States over
the age Of twenty-one shall be qualified
unless the Territorial Legislature shall
impose some additional qualification.
In as much as the Supreme Court Of the
United States has expressly decided that
women are citizens of the United States,
miner vs.. Happersett q Wallace 1872
it follows that as the Organic Act con.
fers and invests all citizens Of the United
States over the age of twenty-one with
the right and the capacity to hold Office
in the Territory, unless the Territorial
Legislature shall prescribe that they
shall be m~ales,-then women are legally
qualified. There is no provision in our
Territorial laws which prescribes that
the county superintendent OF schools
shall be a male. But that qualification
has been prescribed in relation to some
Offices wiz; probate judge, members Of
the legislature, etc J. Having required
the qualification as to sou6 Office, the 81
lence of the legislature upon that point
as to other Offices, implies that no such
qualification was required.
The use Of the weed finale" in the
section of the Organic Act which covers
the first election IN the Territory, and
the the omission Of that word in the
section which covers all subsequent cleo
tions, shows that congress intended t.
leave the subject TO the discretion OF the
local legislature.
In conclusion Irepeatt the propositions
1. All citizens Of the United Statel
over the age Of twenty. one arc legally
qualified to hold office liz this Territory
unless the Territorial legislature has i'm
posed some additional qualification.
.. There is no provision in our Terri
torial laws requiring that the county
superintendent Of public schools shall
be a male.
3. Women are citizens Of the United
States, and can hold the Office in ques
ton.
/ suppose your inquiry has reference
to the proposal Of some friends Of Mis-
Kate Thompson to urge her candidac.
for this Office. 1 have no doubt Of he
election, should she be the democratic
nominee, and no nan could afford to con
test her right 10 hold the Office in tn
event Of her election. Miss Thompson
long residence in the county, her expert
ence as a teacher, her education ant
intelligence eminently qualify her 70
the Office. 1 should like to sec the dem
%ocratic party take the lead in the line Q
progress. The narrow miDdedness an,
illiberality which in the dark ages in
duced men to throw obstacles in the wa
of women helping themselves 70 a Twin
is fast disappearing. In many Of tn
states especially in the west, women or
given charge Of the schools; the educl
ton Of children is peculiarly With
their province and is specially interestin
to women.
Yours,
, GIDEON D. BANTi