Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-02-25
Ruiing Bars Women From State
offices.

AS VOC Va thO hdoCuiuc pEOHOuu III
laws which create Offices is accepted by
the Attorney General as indicative of the
intention of the law that the Office should
be filled only by male. AS practically
every office in the State. from Governor
down to town clerks in the smallest town.
ships, is created in statutes which use the
masculine pronoun. the opinion is held to
be all inclusive.
If the opinion stands it will bar women
from running for the Legislature or any
other office this year. The common law
of Maryland, on which the opinion is based.
provides that women may hold Office "by
special legislative statute" but such spe-
cial legislation cannot be enacted until
after the elections this year.
ut is perhaps needless to add" the
opinion concludes, that the Nineteenth
Amendment relates only to the right of
suffrage and not to the right to hold Office.
The opinion is the first given by Mr..
Armstrong on the question of women in
public Office since the adoption of the Nine
teenth Amendment Previously he had
ruled on the eligibility Of women as cleo
ton judges, but such eligibility was estab-
lished by special legislation enacted at the
special session of the Legislature to amend
the election laws.
1t was given Saturday to A. W. Starrett.
Clerk of the town Of Somerset. Montgomery
county who was asking about women voters
generally. but particularly about their right
to the Mayoralty or Councilmanic posts in
Somerset
ut is true" said Mr.. Armstrong. relative
to the right of women to hold Office, that
Section of Article Of the Code Of Public
General Laws provides that the masculine
includes all genders except where such
construction would be absurd or unreason-
able. In the case Of Rex Maddox, SO
Md, 727, it was decided that, where the
word he was used in statute relating to
public Office the Language just quoted
did not extend to women the right to hold
such Office.
THE reason given for this decision was
that at common law no woman could hold
any Office except that OF queen or overseer
Of tho poor withou, express authority of a
statute, aud that, therefore. the statute
just quoted being IN degoeation Of the
common law. must be strictly construed.
This must be rfearded as a definite
decision tiiat Section Of Article Of the
Code does not confer on woman the right
to hold Office IN cases where the statute
creating the Office use ianguage indica-
tive Of an intention that it shall be held
only by man"
The Maddox case referred to was that
of Miss Eta H. Maddox. who had applied
for admission to the bar. The opinion
quoted was handed down in the Court Of APP
peals by the late Judge McSherry. denying
the applicant the right Of admission to the
bar. on the ground that. as a lawyer takes
public oath of office. he is. in that sense.
public officer women being barred as
public officers under the common law. IS
except the offices of queen and overseer
Of the poor.
Although this opinion antedated the
adoption of the Nineteenth Amendment.
it holds, in the opinion of Mr.. Armstrong,
because the Nineteenth Amendment re-
lates only to the right of suffrage and not
TO the right to hold Office"
There is a question in the minds of
some lawyers as to the steps it will be
necessary for women to take to hold office,
if the Armstrong opinion stands. Some
contend that it would be necessary at the
next session of the Legislature to comb
every public general law and every local
law on the statute books and amend every
one creating offices where the masculine
pronoun is used. Others contend that the
same ends might be accomplished by
single general law, covering all offices.
Still others held that as the masculine
pronoun is used in offices created by the
Constitution. several Constitutional amend
ments will be necessary to open the way
to women for these Offices.
Another theory advanced was that the
provision in the Declaration of Rights, or
common law, as embodied in the State
Constitution. which provides that women
can hold only the Offices of queen or over
seer of the poor. except by special leeisla-
tive statute. might have to be amended
to clear up the whole matter. This would
require Constitutional amendment which
would have to be voted on and which
could not be made operative before 1924.
If this course should be found necessary.
women would be barred from Office until
then.
The opinion also gave an answer to an
other point raised by the Montgomery coun-
ty township. This was with reference TO
provision in the towns charter that voters
in municipal elections must be Taxpayers
or husbands Of taxpayers. Mr. Starratt
wanted to know il a woman, not tax
payer, but the wife of a taxpayer. could
vote.
Miss Priscilla J. Jones.