The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1894-07-27
WOMEN ARE INELIGIBLE.
Attorney General Chamberlain
Thinks Law Allowing them
to Hold Office Invalid.


years occupied that position, has Gre
ated lively discussion IN legal circles.
Mr.. Carter was a candidate for re cleo
ton on the republican ticket this year,
and was defeated by Miss Stevens,
who ran on the populist ticket. Re-
Gently Mr. Carter began an action
against the superintendent elect to
restrain ,Ier from assuming the reins
of Office on the constitutional ground
that a woman is not eligible to IA county
Office. He intends to press the action
in order to establish a precedent, and
discover whether the law enacted by
the legislature of 1898 to enable women
to hold educational offices is of any
effect. Tt was under the impression
that this law-which Mr.. Chamberlain
propounces invalid-was effective, that
Miss Stevens accepted the nomination
for the office to which she was elected.
The law is rs follows:
"Section l.-Women over the age
of 21 years, who are citizens OF the
United States and of this state, shall
be eligible to all educational offices
within this state.
"Section 2.-All acts aud parts OF
acts in conflict with this act arc hereby
repealed.
This law is considered invalid by
Attorney General Chamberlain, because
it is contrary to the constitution oi the
state. He has not delivered any npin-
ion on the matter. When asked by an
Oregonian reporter about the more
important question of whether Miss
Stevens weuld be permitted to remain
In office, he said:
"From a cursory examination of the
matter | would say that woman is not
eligible to any county office. Before
woman can be eligible to such posi-
ton, the constitution of the state must
be amended. Under section. 2 of arti-
Gle 2 of the constitution, fixing the
qualifications of voters, it is provided
that in all elections not otherwise pro-
vided for in the constitution, every
male citizen of the United States of
the age of 81 and upwards, who shall
have resided IN this state during the
six months Immediately prec, ding AN
election, shall he entitled to vote at all
elections authorized by law. Under
this constitutional provision, [ am
inclined to the opinion that in order to
entitle any others than those specially
provided for to the privileges Of eIrc-
tors, this provision Of the constitution
would have to be amended in the man
ner prescribed by law.
'SectiOn s of article 6 Of the constl-
tuition is as follows: No person shall
be elected or appointed to county
office who shall not be an elector of
the county, and all county, township,
precinct and city officers shall keep
their respective Offices at such place
therein, and perform such duties as
may be required by law. Under the
latter provision, one of the first condi-
tions requisite to eligibility to IL county
Office is that the person seeking the
office must be an eIector Of the county.
while under the first section of the
constitution. quoted above, the quail
fcations of electors are fixed. If it
had been the intention Of the trainers
Of the constitution that females should
vote and be eligible to county and
state offices, It is probable that they
would have been expressly authorized
to vote and to hold office by some con-
stitutional provision. The mere fact
that the legislature has undertaken to
enable women to hold educational
offices does not sweep away the con-
stitutionai provision which requires
that no person shall be elected or ap-
pointed to a county Office who is not
an elector of the county. There is
only one way to amend the constitu-
ton, and until it has been complied
with, any act inconsistent Herewith
must, it seems to me, be imperative" I"
1t is not probable that Mr.. Cham
berlain will be called upon for for
NAL decision, as the state is not in
volved in the case.
Multnomah county had an expert
ence similar to that of Union county
eight years ago. At the county cleo
tion of 1886, Mrs. Alice c. Cove was
elected county school superintendent,
and served until September of that
year, when the question of her eligi-
bility to the Office was brought up.
She rendered her resignation, and her
husband, the late G. III. Cove, was
appointed by the county court to fill