The record-union., 1895-01-05
such deputy shall hold office at the pleas

such deputy shall hold office at the pleas
ure OF his principal"
The Supreme Court of Colorado held in
Jeffries VS.. Harrington Q1 Col. 19D that
the word "otfice." as used there, does not
include Deputy County Clerk, The court
closed by saying:
1--WE do not think it was intended by
the trainers Of the Constitution to declare
such avenues OF employment closed to
women, and until some clear expression
to that effect has been made by the Con-
stituIlon or the Legislature, the court
shoulo not declare against the employ
ment OF women in such positions"
Section 4, Article XIV, of the Constitu-
ton OF Ohio reads: mo person shall be
elected or appointed TO any office in this
State unless he possess the qualifications
OF an elector." The SUPP eme Court said
In Warwick VS.. State, 2 Oh. st. %:
1.-The provision is disabling, and should
receive strict rather than liberal inter-
pretation, and the principle should be
held to apply to the principal officer
alone, the Probate Judge, and not to his
deputy. We all unite in the opinion that
the officer in question Deputy Clerk of
the Probate Court is not within the pro-
hibition named"
Section 81 of the County Government
Act OF this State provides that the officers
OF a county are: County Clerk, Sheriff,
etc. Section 81 of the same Act provides:
Every county officer may appoint as
many deputies as may be necessary for
the prompt and faithful discharge of the
duties of his office"
Section S4l of the Political Code reads:
M person is capable OF holding a civil
office who at the time of his election or
appointment is not of the age of u years
and citizen OF this State" Section 5S of
the Political Code reads: Every elector
is eligible to the office for which he is an
Gl6ctOr hoy
provided. and no person is eligible who
IS not such elector." Section SO, Idem.
reads: IAN elector has no rights or duties
beyond those of citizen not an elector,
except the right and duty of holding and
election TO office" Section S76 designaIes
deputies as Subordinate officers"
l think Vaughan VS.. English, holding
clerks public officers, should be read
with view to the matter under con-
slderat!on-the effect of the Salary Act.
The Act of March L, 1874, providing that
women over the age of II years, who are
citizens OF the United States and this
State, shall be eligible to all educational
offices within this State" should be read,
In the light OF the preceding sections, as
applicable to heads of departments, and
not subordinates.
If 1t should be contended that it is ex-
elusive of right to hold other Offices, then
1t could be urged that the subsequent Act
son shall be employed az a deputy or
clerk IN any public Office of this State, or
OF any county or municipality therein
who is not citizen of the United States,''
IS subsequent to all the preceding sections
and laws, and If any conflict exists, it re-
DealS them.
L think, in view of the Interpretation
OF the courts of Ohio and Colorado. and
the last Act cited, that ladies may be ap-
pointed to clerkshIps and 0eputyships in
State and county offices.
Our court has held it would not take
Judicial notice of deputies Joyce VS..
joyce, Cal. 449) and held it would take
Judicial notice (Hlmmelmann vs. HoadIy
44 Cal. 2l4), and that the deputy must act
IN the name Of the principal (Reinhart VS..
Lugo, So Cal. $3.50, and has held that he
can act In MS own name People VS..
Wheatley, IS Cal. 1lS).
Ihe head of an office has a definite
tenure and enforceable rights Hereunder.
Ihe rights of deputy or clerk are as to
tenure, incalculable. He holds at suffer-
ance, and his tenure is not the basis of
claims for damages for loss of it. ken.
yon vs. Western Union Telegraph Com
pany, 100 Cal. 453.)
AT the common law the deputies and
principal filled but one Office. (Warwick
VS.. State, IL Ohio st. 25.j | know OF no
decision IN this State upon tie right of
ladies' to I'LL public offices or employ
ments. 1t has been the custom tor them
to I'LL places in State and county and
municipal offices. If there is grave doubt
about 1t, decision can be had upon an
agreed statement of facts by your Supe-
rlor Court. Very respectfully,
W. Il. LAWSON.