The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-05
THE CAUSE OF WOMAN.
A WOMAN PROPOSES TO REVIEW
THE SUPREME COURT DECISIONS.


v " tlFNNNs W U al ~ my
Refer to the Rights OF Women -
Troubles Of q Congressman Nho De
ciared for Equal Suffrage Recently.
It Is said that a very able woman In In
diana Is about TO publish a book reviewing
the decisions of the Supreme Court Of the
United States and Of various States regard
ing the rights of women. This should by
all means be listed under the head Of hunioT-
ois publications. for when il is considered
that the decisions Of these courts are ac-
cepted as the finality Of legal acumen,
specialized investigation and unsurpassed
knowledge. it must be admitted that on
this question they reach the climax OF
humor.
There are half a dozen pronorncements
OF the Supreme Court Of the United States
to the effect that citizenship confers the
right Of suffrage" but when the Fourteenth
Amendment, in its efforts TO cnfranchise
the male negro, declared that everybody
born or naturalized in the United States
Is n citizen. and women therefore claimed
the right 20 vote, the court was obliged TO
run to cover. 1t provided it, own shelter in
its decision Of March 20 1875, that women
are persons and citizens. but the National
Constitution docs not conferth right of suf-
frage Upon any one The states regulate
all that. To be sure, the Federal Constltu-
ton says: mo State shall make or enforce
N law which shall nbridgc the privileges or
immunities OF citizens Of the United States.
but a little thing like that would not affect
a great body like the supreme Court.
Indiana offers a notable instance OF the
infallibility of Supreme Cour decisions.
In 1898, Mrs. Antoinette V. Leach brought
Anf, a.. 10 admitted =, vLA -. Tho State
Constitution reads: Every person Of good
moral character, being a roter, on applica-
ton shall be entitled to practise law in all
courts Of Justice Tho Legislature also
enacted into a statute these identical words.
1t seemed as if women were forever shut
out from the legal profession in Indiana.
but the Supreme Court got around It in this
way: "The right to practise law IL not a
political question, but belongs TO that class
of rights Inherent in every citizen, and per-
tains TO the fundamental duty Of every
inhabitant to gain a livelihood. Judge
Cooley says: TO forbid TO an individual
or q class tho right to the acquisition or
enjoyment of property in such manner as
should be permitted to the community at
largo, would be to deprive them OF liberty
In particulars Of primary Importance, &c
In Story on tho Constitution it Is said that
the right to acquire, possess and enjoy
property n to choose from those which
are lawful the profession or occupation OF
life are among the privileges which the
States are forbidden by the United States
Constitution to a%bridge.''
so it was decided that the women OF In
diana might practise law. Then one year
later, in 1894, another woman decided she
would like 20 be admitted To the bar also.
but she wanted TO stand behind il. The
Statute roads: ANY male inhabitant having
certain other specitied Qualifications may
obtain a license, &c" Therefore this case
also went TO the Supreme Court, and 1t de-
cided that. -by the use Of the word male
women are inhibited from obtaining License
TO vend Intoxicating liquors at retail"
Thus the word voter docs not pro-
hibit a woman from practising law, be-
cause a statute has no right 70 Interfere
with the Industrial liberties OF a citizen.
but the word male" does prohibit a woman
from earning a living by selling liquor.
The Supreme Court in Its decision per
hitting women 10 practise law declared IN
the most unInistakable terms that, as the
statute says simply that voters may prac-
tise and says nothing about women. that
which Is expressed does not make that
which is silent cease" while voters are
granted admission to practise, there ~
no denial Of such right 10 women" this
right may not be pursued IN violation OF
law, but must DO held 10 exist as long az
not forbidden by law; the fact that the
trainers Of the Constitution, or the legisla-
tors, did not anticipate a COndltlon Of society
when women might desire 70 enter tie
profession Of law, cannot prevail as against
their right 10 do SO Independently OF either,
'all restrictions upon human liberty, al
claims for special privileges, are TO be re-
gnrded as having the presumption OF la"
against them
Rasing her claims upon these and many
eXpres-ionf equally A. emphatic IN the de-
cislon, Mrs Helen NJ Cougar 81 Lafayette
offered her vote az The la election IN 1874
II was refused and she carried her test
case 10 the Supreme Court IN 1895. Her
right TO vote was denied, and the reasons
given for tho decision reversed Absolutely
every hudiug iu The case Of Leach for adj
mis- ION 10 the bar Two years before, al
though IA both cases the decision was
written by the same member 81 tho court
Chicf Justice Hackney
Thus in thToc consecutive years the
Supreme Court - Indiana positively re-
vcr-ad its own decisions twice
Ihosr oa-'- Hr" -lgg' -'"i 10y ~" recent
finding ~ thr Court ~ Appeals in Mar, and, .
refusing aimI--H tu ,slW'ua'lun- iDf Do"
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