t and ablest oral argument presented since he had been a
member.
Nevertheless the judgment of the lower court was affirmed. The
decision, in which the five judges concurred, was founded almost
exclusively upon the affirmation that "that which is expressed makes
that which is silent cease." This decision reversed absolutely the one
rendered in the case of Leach for the right to practice law, which had
declared that "although the statute says voters may practice, it says
nothing about women, and therefore there is no denial of this right to
them;" or in other words "that which is expressed does _not_ make that
which is silent cease." Yet both of these opinions were written by
the same Chief Justice--Leonard J. Hackney!
The decision closed by saying: "Whatever the personal views of the
Justices upon the advisability of extending the franchise to women,
all are agreed that under the present constitution it can not be
extended to them."
As it is practically impossible to amend the State constitution, the
outlook for woman suffrage in Indiana appears hopeless except through
an amendment to the National Constitution.
OFFICE HOLDING: Women are not eligible for election to any offices
within the gift of the voters, except those pertaining to the public
schools.
In 1873 the Legislature enacted that women should be eligible to any
office the appointment or election to which is or shall be vested in
the Governor or General Assembly.
In 1881 it was enacted that women should be eligible to any office
under the general or special school laws of the State.
Notwithstanding these liberal provisions there is scarcely one of the
Northern States where so few women have served in office. There never
has been even a woman candidate for that of State Superintendent. Many
years ago there were a few county superintendents but none now fill
that office and not half a dozen women ever have sat on local school
boards. These are appointed by the Common Council in all the towns and
cities except Indianapolis. On one occasion its Local Council of Women
nominated two of its members for school trustees, but both were
defeated. Women themselves were not allowed to vote, but their
interest brought out an unusually large number of men.[253] At present
not one woman is known to be filling any school office.
The law of 1873 includes the boards of all penal and benevolent
institutions, State Librarian, custodians of public buildings, and
ma
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