Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-22


ting and appropriate language. But
such Intention is no where disclosed.
Having regard, then, to the rules of
the common law as to the rights of
women married and unmarried, as then
existing; to the history of the past; to
the universal and unbroken practical
construction given to the constitution
OF this State. and to that Of the Com
monwealth of Massachusetts upon
which that of this State was modelled !;
we are led to the inevitable conclusion
that 1t was never in the contemplation
or intention of those forming our con-
stitutiOn, that the Offices thereby Gre
ated should be filled by those who
could take no part in it's original for
nation. and to whom no political pow
er was intrusted for the organization
of the government then about to be es-
tablished under its provisions, or for its
continued existence and preservation
when established.
1.-The same process Of reasoning,
| which would sanction the comforting
| Judicial power on women under the
! constitution. would authorize the CIV
ing them executive power by making
them sheriffs and major generals.
But while the offices created by the
| constitution are to be filled exclusively
by the male members of the State, we
have no doubt that the legislature may
create new ministerial offices, not emu
merated therein and. if they deem ex-
pedient, may authorize the perform
ance of the duties of the offices SO Gre
ated by persons of either sex.
ITO the first question proposed, we
answer in the negative.
ITO the second. we answer that it is
competent for the legislature to au-
thorize the appointment of a married
or unmarried woman to administer
oaths. take acknowledgment of deeds
or solemnizc marriages, SO that the
same shall be legal and valid
The dissenting opinion of Associate
Justices Walton and Barrows says:
| I'VE concur in so much of the fore
going opinion as holds that it is com
petent for the Legislature to authorize
tho appointment of women to admin
lister aths. take the acknowledgment
of deeds. and solemniZe marriages. Blu
we do not concur in the conclusion tina
it is not equally competent for TIN
LEGISLATURE to authorize the appoint
ment of women to act as justices Of thu
peace.
1.-THE Legislature is authorized to en-
act any law which it deems reasonable
and proper provided it is not repug
nant to the constitution of this State
nor to that of the United States. 4
law authorizing the appointment o
women to act as justices of the peac'
would not. in our judgment. be repug
nant to either. We fail to find a single
word, or sentence, or clause of a sen
tence. which. fairly construed. eithe
expressly or implicitly. forbids the pas
sage of such a law. So far as the of
flee of the justice of the peace is con
cerned, there is not so much as ;
masculine pronoun to hang an Objec
ton upon.
TT is true that the right to vote Il
limited to males. But the right to vOt'
and the right to hold office are distinc
matters. Either may exist without tn
other.
And i. may be true that the Trainer:
of the constitution did not contemplate
did not affirmatively intend-tha
| women should hold Office. But 1t by M
means follows that they intended thu
| contrary. The truth probably is tina
they had no intention one way or the
other; that the matter was not ever
thought of. And it will be noticed thai
the unconstitutionaIity of such law
| is made to rest, not on any expressed
| intention of the trainers Of the consti'
| tuition that women should not hole
office, but upon a presumed absence OF
| intention that they should.
| This seems to us dangerous doc
| trifle 1t is nothing less than holding
that the legislature cannot enact law
| unless it appears affirmatively that the
fathers of the constitution intended
that such a law should be enacted. we
| cannot concur in such doctrine. II
| would put = stop to all progress. we
understand the correct rule to be the
| reverse Of that: namely, that the legis'
lature may enact any law they think
| proper, unless it appears affirmativel9
that the trainers of the constitution in
tended that such law should not be
| cassed. And the best and only safe ruiz
forascertaining the intention of the max.
ers of any written law is to abide b!
| the language WHICH, tuCy i"'S '''N"
And this is especially true of writer
constitutions; for in preparing such in
struments it is but reasonable to pre-
sumo that every word has been careful
" weighed; and that none are inserted
and none omitted, without design fol
! so doing. Taking this rule for Oul
guide. we can find nothing in the con-
stitution of the United States, or of thi:
state. forhidding the passage of law
authorizing the appointment of womer
| to act as justices Of the peace. w;
think such law would be valid"
In his dissenting opinion Associate
Justice J. G. Dickinson goes deeper into
the question than did any of his asso
ciates. for ne discusses the whole sub
;ect of women's rights and holds thai
the scope of their instrumentalitie:
should not be restricted or curtailec
He says:
Il am unable to find anything to pre-
vent women from holding the office Of
Justice of the peace. in the nature 81
that Office, the statutes or the constitu
ton.
1T is a public Office with 1ud1ciii
| functions which are clearly within tht
sphere of woman's capacity.
The proficiency which women. II