The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-02-23
A GIRLS AMBITION
Miss Mary Philbrook Seeks
Admission to the New
Jersey Bar.
HER QUALIFICATIONS.
A Question, Not of Propriety, But
Of Civil Right-Justice
Depue's opinion.

llC III ~ dRDDtdtlOuO 4 li1 SSA "
to the bar of New Jersey for the practice of
law. Miss Philbrook, through Corporation
Attorney Minturn of Hoboken, Tuesday ap-
piled to Judge Depue, sitting at the Supreme
Court in Trenton, for grant of examination
necessary to become a lawyer. Miss Phil
brook had prepared an argument which was
presented to the court, defining the right to
apply for examination. Miss Philbrook pre-
sented her arguments in such a clear, con-
else and clever manner that she received,
through Mr.. Minturn, high commentator
from the Court. Judge Depue stated he
knew of no obstacle to prevent her admis-
sion to the examination, and promised that
he would expedite matters, and, If possible,
secure for her permission to be examined
during this term Of court.
Miss Philbrook is a valuable acquisition to
to the conduct of the legal business of Messrs.
Gaede and Minturn of Hoboken. In her lit
tie corner behind a typewriting machine,
she spends a greater portion of the day-not
always playing the typewriter, for much OF
her time is occupied in preparing documents,
and even in opening suits IN the absence
of the Lawyers. Mr.. Minturn d~esignates
her as an extremely capable young woman.
A STUDENT.
She is twenty-three years OF age, of light
stature, dark hair and hazel eyes. She i'm
| presses one that she is one whose inclination
tends to deep research in ~puzzling9 ques-
tions.
Miss Philbrook has been connected with
various law offices for over six years.
| When she graduated from the High School
in this city she engaged with a law firm in
| New York. Then She came to Hoboken n
| entered the employ of Russ u Heppenheimer.
There she concluded to read up in law, but
~.cI. - ,oa1 ofs0n fn ct11HU until
she went into the Office OF Henry Golde, and
last spring became an employee OF her present
| EMPLOYERS, Gaede & Minturn. As Mr.. Minturn
| states. she can draw briefs, and, in fact, all
sorts of papers for suits, and he is confident
she could, without much difficulty, conduct
a suit in court. Sin has an aptitude in the
profession that has been developing for some
time, and now she has become so thoroughly
interested in the work that she is anxious to
| become engaged in active practice.
A copy of the argument which she pre-
sented to the Supreme Court was obtained
by a JERSEY ,ITY NEWS reporter, extracts
! from which are taken. She says
EXTRACTS FRoM HER ARGUMENT.
1.-THE admission of women to the bar is a
| Question not of taste, propriety or politeness,
| but of civil right. While certain gualifca-
| ton may be required by law, and conditions
| attached, in the discretion of the courts, yet
| vet sex distinction should not be made one
u IQco6 COnQ1blOhos lNo
the right to earn a livelihood and acquire
property. The right to acquire, possess
and protect property is guaranteed to
every citizen of the State of New Jersey,
article l, section /, of the Rights and Privi-
leges, and in the protection OF these rights
all are equal before the law. The practice
of law is therefore a civil right which the
courts may regulate, but not prohibit. 1t is
a profession or employment pursued for its
emoluments, for which an action may be
maintained. The Legislature may prescribe
qualifications for it, as it may for the pursuit
of the ordinary avocation of life, but it can no
more deny the exercise of the right in one
case, than in another. Again. the policy of
| our Legislature and Judiciary has tended
| constantly towards comforting upon women
| the same property rights and business status
as men enjoy. They become physicians, ar
lists, scientists, ministers, educauors, imam
c1ers, editors and may engage without let
| or hindrance in all the activities of the bust
ness world.
woMEN's RIGHTS.
ssThe acts of our Legislature seem to con-
vey upon women all the property rights, and
consequently impose upon them all the
liabilities assumed by their contracts the
same as a man. Can they be denied the
| same privileges to acquire and use the legal
| knowledge necessary to protect them in their
| rights and to prepare them to discharge
their reciprocal dutiess But if it is not con-
| coded as q fundamental principle of on fee
institutions that every citizen is guaranteed
equal protection and equal opportunities by
the spirit of those institutions and that women
are not a part of the people to whom the
declaration of rights applies it would be
ridiculous to AVE such laws. Women
should be admitted to the practice of law
upon equal terms with men, in the absence
OF any custom having force at law, or any
statutory or constitutional provision to the
contrary or any legal disabilities which
could ~incapacitate them to discharge
the duties of that profession. Gus
tom does not deny them the
right to engage in the practice of law. 1t is
argued that when the reason of a rule, pre-
cedent or custom ceases, they regard its
obligation as void. But it is a contradiction
of terms to say that a thing that never has
been done establishes a custom that forbids
it being done. y y
MERE PASSIVE CONVICTION.
ga mere passive conviction that women
ought not to be admitted to the bar is all
that can be urged for custom an the case,
while to give it the force of legal precedent,
it must be shown to have been a uniform
course of uninterrupted practice by the
courts, to reject their application. Neither
is there any constitutional or statutary pro-
vision in New Jersey forbidding the admis-
| sion of women to the practice of law.
/, "tAIl restrictions upon human liberty and
all claims for special privileges are TO be re-
| garded as having the presumption of law
| against them, and as standing upon their
own defense, aud can be sustained. if at all,
by valid legislation, only by the clear ex-
preston and clear implication of the law. y
Irene May Hall)
sThe Constitution as to the admission of
attorneys contains no reference to sex. The
| rule of the court reads.-sNo person shall
be admitted to examination for license as an
| attorney unless he shall have served a regular
clerkship with some pracbicing attorney
= = 4 four years at least Our statutes
expressly declare, whenever in describing
any person, y y = any word importing
the singular number or masculine gender is
used in any statute. is to include : = fe-
| males as well as males = : ~
II submit that sex distinction is a false
one, and grossly unjust to women, when it
closes to her energies and avenues of useful
ness, distinction or legitimate profit.
1.-THE simple impression that the law is not
| a proper calling for women seems the sole
ground of objection.
"As evidence that the tendency Of modern
legislation is strongly in favor of allowing
women the privilege of admission to the
bar, it is worthy to note that following the
decisions against their admission to the
United States Supreme Court, in the Court
Of Illinois, Wisconsin, Massachusetts, and
New York, statutes were Immediately en-
acted by the Congress of the United States
and by the Legislature of each State grant
ing women the privilege which the courts
denied"
Here Miss Philbrook concludes by giving a
number of quotations from law touching on
the matter.