Middletown transcript., 1897-11-06

Ny Oct. 28th, max,
public the fact, and it forever, or
least while the present Constitution
! in existence, bars tha fair sex of u
Diamond Sta'e from being disciples I
Blackstone.
Mrs. Robert p. Davis, wife OF a men
ber of the Sussex county bar, and II
Gently welded, is th !. W nnan who hs
the distinction of raising III point
Rather unfortunate for her, no dOub
but lucky for the WOMEN who not
have desire to study law.
| Mrs. Davis long had the desire to Ell
ter her husbands tffi:e as student
A year ago she thought of N king for
NAL application, but a clause in Tia
Constitution at that time prevente'
her. The clause was i'll section 80
article 8, aud read: g" = But M
person shall be appointed to an offict
within a country who shall not havl
a right to vote for a representative
" This, it was contended
regarded lawyer as an officer. A wo'
man therefore. could not receivs the
office, not being entitled to vote for the
representative.
Another clause which was said IL
have bearing on the point was that in
section 5 Of article 7, which read: "At-
torneys-at-laW, all inferior officers in
the treasury department, elecu n offi-
GERS, tficers relating to taxes, to the
poor and TO highways. constable and
hundred officers, shall be appointed in
such manner as is or may be directed
by law"
Mrs. Davis therefore gave up the
idea of being admitted.
When the new Constitution went in
to effect. however she could not see no
constitutional reason why she could
not be admitted to practice. Accor-
dinghy, she made the application the
eaIly part of the week, and it was re-
ferred to Chancellor Nicholso. Chief
Justice Lore, Judges Grubb, Spruancr,
Pennewell, who met Thursday night.
1t was known by the cOul that section
s of article 8 of the old Constitution
was not embraced in the new volume,
but there was found one clause which
it was believed, covered the same
ground. 1t is an article of of section
IL, which reads: "No person shall be
elected or appointed to an Office within
a county who shall not have right 10
vote for representative in the Gen
eral Assembly. and have been resi-
dent therein one year next befole his
election or appointment, nor hold Of
fee any longer than be continues To re-
side in the country, unless herein other
wise provided"
This article was construed by all the
met bers of the court, excepting Chief
Justice Lore, as applying to lawyer.
The Chief Justice admitted that the
lawyer was an officer of the county in
which he practiced, but went no far
ther. He held that member of the
bar was neither elected nor appointed,
but was admitted to practice law,
which he regarded as profession.
OF course the majority of the bench |
ruled In this, as in other cases, and the
information went back to Mrs. Davis
that there was no chance for her to
become lawyer. The news soon
spread throughout both Sussex and
Kent counties, aud the wnmen there
who bad contemplated the study i'm
mediately gave it up.
There has been but one parallel case
which has come under the notice of the
Chief Justice aud 1t was several years
ago, while Judge Lore was practicing
at the bar. The applicant was young
school teacher Of Kent county. AttOr-
neyLore was acquainted with constitu-
tional provision of that day, and fear
ing that it might be construed as en-
braeing women, he advised the woman
to study in state where she was sure
of being rewarded by admission to the
bar. Whether she acted On the sugges-
tion is not known.
The question Is one which has set
the lawyers of the city to thinking.
One lawyer who was spoken TO last
evening, remarked: "Well, that will
set the girls tn thinking" O;her law
yers said the question was one which |
they never heard discussed. They con-
sidered women eligible to legal prac-
tice, but of course bowed to The con sti-
tutionaI clause which Was construed
by the majority members Of the court
as placing lawyer among Ofllcers, and |
that the uffice can be filed only by
person who has right to vote for
Representative in the General Assem-
bly,.
An illustration Of what plucky liz |
lie woman can accomplish is shown by |
Mrs. s. j. Battery, who was left u
widow in early life, ana went from her
Kentucky home 10 New Yurk after the
close Of the late var and or2aniz d a
syndicate of her own under
the name Of Sidney Earle, which she
with great success, educa-
ling her children, and children's child
rem, and in addition, regained possess
sion of the old Kentucky home which /
f., 60 -.