Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-05-04
Woman Can't Serve as a
Register Of Deeds,
According to Opinion Of The
Attorney General Scott Wilson
State Auditor Callahan Submits Re.
port for Month Of April
STATE HOUSE CALENDAR.
Regular Meeting of Governor and
Council viii Be Held at 10 A. M.
Wednesday, May 81.

According to an opinion rendered
Saturday by Scott Wilson of Portland,
the attorney general of the State, a
woman is not eligible to hold the Of
fee of register of deeds. The ques-
ton was asked of the attorney gener-
al by Joseph E. Alexander of Rich
mond, the secretary of State, because
of the fact that a petition was receiv-
ed at the secretary's office for the
nomination of Lizzie Brown of Halo
well as a candidate for register of
deeds Of Kennebec county in the So
, cialist primaries. The petition con-
tanned the requisite number of names
to. secure a place on the primary bal
lot.
In his decision Attorney General
Wilson goes into detail as to the right
of women to hold Office In the State.
He says in his opinion:
The question has been submitted
to me as to whether or not a woman
+ is eligible to hold the Office OF regis
ter of deeds in this State. While the
question is not-wholly free from doubt,
still l am of the opinion that under
our statutes woman is not eligible
to hold this office; not because of lack
of qualifications or fitness, as she is in
many cases. at least, especially fitted
for this kind of work, but because of
her original Disqualification under
the'common law TO hold public office.
Il have come to this conclusion aft
er historical examination of the
rights of women under the law, and
IA consideration of the views expressed
by our court in opinion of Justices g.,
Maine sos, together with certain acts
of our Legislature as indicating its
recognition of the necessity of express
legislation to qualify women for pub
lie positions, and also the views of the
courts OF Massachusetts and New
Hampshire upon this question under
their constitution and laws.
In several states, particularly in
Massachusetts, New Hampshire, ILL.,
nois and Tennessee. and in our own
State, the question of the rights of
women to hold public Office has arisen
in connection with the Office of jus
tice of the peace, notary public and
the right TO be admitted to the bar.
1t has been held that woman was
+, not eligible to the office of Justice of
express authority of the Legislature:
and in Massachusetts the court held
that even the Legislature could not
authorize the appointment of women
to this office without modification of
the constitution, 165 Mass, 500.
I'm Robinson's case, 131 Mass. IFS,
is perhaps the best historical discus
sion OF the rights of women to hold
public Office contained in any judicial
decision, where the question under
consideration was whether an unmar-
ried woman was eligible for admis-
sion to the bar as attorney at law. 1t
is there pointed out that by the law
of England which was also adopted
in this country. woman was not en-
titled to hold public Office where the
duties would be discharged by the in
cumbent in person, and ii was held
that under the statute authorizing ad-
mission of citizens to the bar for the
practice of law. a woman could not be
admitted without further legislative
action; and in 1899 the Legislature
of this State extended our statute and
now expressly provides that women
are eligible to admission to the bar
ioi ehC PioSeiSC VI ia wv IA tlilS Oldtc-
This would seem to indicate that our
Legislature had recognized the neces-
sity for action in order to render the
rights OF women to hold public Office
clear.
1T is true that under the opinion
of the justices in Maine. 500. there was
dissenting opinion by three justices
on the question as to whether or not
women were eligible to appointment as
justice Of the peace, but the majority
Of the court held, as has been held in
New Hampshire, and several of the
other states, that in consideration OF