The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-02
WOMAN'S RIGHT TO OFFICE.
MICHIGAN NOW STRUGGLING WITH
4 BURNING Question:.

Court to Decide IL Mrs. Abbott. Who
Has Been Elected n County Prosecutor,
Can Legally Perform the Duties Of tho
Onice-Her Plen in Her own Behalf
LANSING. Mich. June pa case OF unusual
interest to the women OF the country was argued
in the Supreme Court Of this state a few days
ago and taken under adviscment by that trl-
buna. The question at issue Is whether q
woman is eligible to hold the Office OF Prose-
cutting Attorney in Michigan The case is that
OF Horace VI. Oren. Attorney General, against
Mrs. Merric II. Abbott
The facts are that in June. 1898. Mrs Abbott
was graduated from tho law department OF the
University Of Michigan and was admitted to
practice by the Supreme Court. The following
November Mrs. Abbott was nominated for
Prosecuting Attorney of Ogemaw county by the
Democrats. and was elected by majority OF
four votes. She received her certificate OF
election and promptly qualified. Soon there
after Attorney General Oren instituted quo
warranto proceedings to test her eligibility.
In arguing the case the Attorney General
admitted that the sole question for the court to
determine is whether or not woman is elig-
BILE under the Constitution and laws of this
State, to hold and perform the duties OF the
office OF Prosecuting Attorney The only con-
sttutona provision bearing upon this qucS-
ton is as follows: :" In each organized county
there small DC HNCTlu, county NleTh, NOunly
Treasurer, Register OF Deeds and Il lrosccut-
ing Attorney. chosen by the electors thereof
once in two years and as often as vacancies
shall happen, whose duties and powers shall be
prescribed by law"
In Michigan the Constitution and laws do not
| expressly state the qualifications necessary to
hold and discharge the duties of the Office II
Prosecuting Attorney, nor do they confer upon
any woman the right to vote and hold Office.
except in certain school elections and district
Offices created solely bv statute, upon
which the Constitution is silent. and even then
they are restricted to particular circuaI stances
and instances. and have no general authority
to vote Or hold Office therein.
Acknowledgement Oren insisted that there
can be no question as to the common law rule.
which is TO the effect that a woman cannot bold
general public Office in the absence OF any
express constitutional or statutory authority
comforting upon her such right She may be
citizen in its technical sense. but cannot hold
office. The right to hold Office is a political
right or privilege, EXCEPT when the duties
thereof are purely ministerial This. it was
argued. has been the unwritten law in lIch-
gan for III ore than sixty years. and from its adj
mission as a State up to the present time it has
been uniformly the rule that in order to be eli
Eiblo to the Office OF Prosecuting Attorney one
should be II years old. citizen Of the United
torney at law. duly licensed TO practice as such.
Much stress was placed on the contention
that the people Of this State. having placed
constructs ion upon the Constitution with refer
"nce to ia" eligibility to hold the office ot
Prosecuting Attorney. TO tn effect that said
Office could hr held only by a male Of proper
az" aud qualifications. and this having been
the law in this State for years. the rule is rs
| effective as though il was the expressed enact
ment Of the people Of the State, and until such
time as the Legislature may see m 10 grant
such political right to women the latter can
| not lawfully hold such Office.
Authorities were cited to show that il Is plain
! that the Office Of Prosecuting Attorney was
| created by the Constitution. which provides
| that such official shall he chosen 1ythe electors
IL the respective counties, and that such cleo
| tors have no authority under III" Constitution
| and laws of the State to elect other than one OF
their own nun Der to this Office.
Michigan. It was rOntpndcd. is recognized as
| ono OF the leading common law States in the
! Union. and the priuc peS Of the common law
| are found througho the decisions Of it's courts
| from its earliest history. and consequently the
! common law rule should prevail. The question
| of conf potency. irrrsrcrtiv" OF the question OF
| eligibility. did not enter into the cuSe. The
| Attorncy-G General argue that If the people Of
| Michigan wish I" confer upon women the right
| to hold Office. there is a proper and legal way