The Monroe journal., 1922-12-12
SEEK TO TEST WOkAN'S
RIGHT TO SERVE ON JURY
Federation Of Women's Clubs viii
Ash Legislature 10 Interpret
Constitution on SUbieCt
SOMETIMES MEN"
MEAN WOMEN ALSO


Raleigh. y. C., Dec. 6.-As a means
Of removing all doubt as TO the in
depreciation of the state law and
constitution as they relate 20 what
PERSONS are eligible for jury SER
vice in North Carolina. the Legisla-
tive committee Of the North Caro-
Ina Federation of Women's Clubs
has decided definitely to ask the
general assembly for a declaratory
statute making women eligible for
such duty, Mrs. Palmer Jerman,
chairman Of the committee, announc-
ed tonight.
THE stature c. s. 1912 provides
that the board of county commission
ers at their regular meeting on the
fls. Monday in June shall proceed
to select from the tax returns of the
proceeding year the names of all such
Iersons as have paid all the taxes
assessed against them for the pre-
ceding year and Of sufficient intelli-
genee." said Mrs. Jerman. "A list of
the names thus selected shall be made
cut by the clerk Of the board OF eoun-
ty commissioners and shall consti-
tute the jury list and shall be pre-
served as SUCH"
"Women are persons unQuestion-
able and those possessed of the same
Qualif cations as men are qualified as
jurors under the above section.
Those of reactionary turn of
mind. contend. however. that this
section is unconstitutional because the
constitution, Art. |, Sec. l9, prescrib-
es that no person shall be convicted
of any crime but by unanimous ver-
dict of a jury of good and lawful men
in open court, and therefore they
argue that the statute which admits
all persons of good character and who
have paid their taxes according to
the relugatons violates this section
OF the constitution. But c. S. 3949
provides that in the construction of
statutes the following rule shall be
observed: every word importing the
masculine gender only shall extend
and be applied to females as well as
to males, unless the context clearly
shows to the contrary.
"The recactionaries say that the
word men must be taken in the ex-
elusive meaning given to it at the
time the constitution was adopted in
1868. Turn to the revised code,
chapter 70S, section 2, which was
adopted in 1854, and it will be found
that it was then provided that when
the word men was used in legislation
every word importing the masculine
gender only may extend and be ap-
piled to females as well as males. The
convention of 1868 in framing the
constitution legislated with knowl-
edge that the above was the settled
law in this state.
"This should settle the matter in
the minds of ALL" she asserted. But
Independent of the statute, it is well
known that the word men in Eng
lish has always embraced both sexes
except when there is an opposite
meaning restricting it to males.
Those who are familiar with the
scriptures, which is the work best
known to the majority of the people,
will find more than hundred instan-
ees in which the word men is used in
this generic sense. The same use OF
the word in a generic sense is to be
found in Milton and other English
writers. The word men is used in
the same sense in the Declaration of
Independence.
ut is not only Statutory, but ac-
cording to common usage thst the
word men includes both sexes un-
less there is something in the imme-
date context to show that it was
intended to be restricted to the male
/ sex.
"When the constitution Of 1868
was adopted, it is true that men
only were accustomed to sit on ju-
ries, but that has nothing to do with
the meaning of provision requiring
that iuries shall consist of IL men.
There was nothing then that required
the elimination of women and they
were not intended to be barred out
by this section when the time came,
/ that in accordance with surroundings,
they now being voters, they might
be called in to decided controversies
| in court.
Besides i. will be seen that this
section applies only to criminal cases.
There is no such provision as to civil
trials.
at should be noticed also that in
that very same article Z, section 4,
it is provided, no man or set Of men
are entitled to exclusive or separate
emoluments or privileges from the
community but in consideration of
public services
This provision certainly was not
intended to be restricted to males
and the word men must have the
same meaning there as in above sec
tion 13 of the same article.
Indeed, this provision" she said,
was in the Halifax constitution Of
1776, when there was not intended