that the Legislature has
answered this question in the negative. The first section of
chapter eleven of the Revised Statutes, in regard to the
admission of attorneys, is as follows:
No person shall be permitted to practice as an attorney or
counselor-at-law, or to commence, conduct, or defend any
action, suit, or plaint, in which he is not a party
concerned, in any court of record within this State, either
by using or subscribing his own name or the name of any
other person without having previously obtained a license
for that purpose from some two of the Justices of the
Supreme Court, which license shall constitute the person
receiving the same an attorney and counselor-at-law, and
shall authorize him to appear in all the courts of record
within this State, and there to practice as an attorney and
counselor-at-law, according to the laws and customs thereof,
for and during his good behavior in said practice, and to
demand and receive all such fees as are or hereafter may be
established for any services which he shall or may render as
an attorney or counselor-at-law in this State.
Your petitioner claims that the pronoun he, not only in this
section, but the whole chapter, is used indefinitely for any
person, and may refer to either a man or woman.
The Legislature devoted the whole of chapter 90 to construing
various expressions and words used in the Revised Statutes, and
in section 28 said:
When any party or person is described or referred to by
words importing the masculine gender, females as well as
males shall be deemed to be included.
It is declared by Act No. 29, appendix to the Revised Statutes,
that the several chapters composing the Revised Statutes shall be
deemed and taken as one act.
It is evident that if a woman should practice law without a
license, recover for her services, and be sued for three times
the amount, that under Sec. 11 of Chap. 11 for practicing law
without a license, it would be no defense for her to say that the
masculine pronoun was used in this section.
Section 3 of our Declaration of Rights, says "that all men have a
natural and indefeasible right to worship Almighty God," etc. It
will no
|