re refused by Judge Sloss in the Superior
Court. He took the ground that if Mr. Sargent's argument should be
carried to its logical conclusion it would enfranchise idiots,
lunatics and criminals; that if there is a conflict between the two
sections of the constitution cited it should be settled in favor of
limiting the suffrage to males, as where a general and a particular
provision are inconsistent the latter is paramount to the former. He
quoted various State Supreme Court decisions and declared that he
decided the case according to the law.[186]
As Mrs. Sargent had every assurance that this judgment would be
sustained by the Supreme Court she did not carry the case further. It
attracted attention and comment in all parts of the country and she
received encouragement and wishes for her success from all classes of
society.
OFFICE HOLDING: The Legislature of 1873 made women eligible to all
School offices. None ever has been elected State Superintendent of
Public Instruction but there is scarcely a county where women have not
served as superintendents. At present seventeen are acting in this
capacity. They have frequently been elected School Trustees and a
woman is now president of the San Francisco school board at a salary
of $3,000 per annum.
The constitution is interpreted to prohibit women from holding any
other office. It is claimed by some that this does not include the
boards of State institutions, but out of twenty-six such boards and
commissions only one ever has had a woman member--Mrs. Phoebe A.
Hearst, who is on the Board of Regents of the State University.
There are women on local library boards. A woman has been assistant
State Librarian, and there have been women deputies and clerks in
county and city offices. At present in the offices of the
Attorney-General, Board of Examiners, State Department of Highways and
Debris Committee women hold positions as clerks at salaries of from
$1,200 to $1,800. They may serve as notaries public.
In the autumn of 1899 the California Woman's Club resurrected an old
law which never had been enforced, providing for the appointment of
assistant women physicians at the hospitals for the insane "provided
there are already three assistant male physicians." They petitioned
the proper authorities and the matter was presented to the State
Lunacy Commission by Gov. Henry T. Gage with his earnest indorsement.
From highly qualified candidates, whom the club had in readiness
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