FREE BOOKS

Author's List




PREV.   NEXT  
|<   437   438   439   440   441   442   443   444   445   446   447   448   449   450   451   452   453   454   455   456   457   458   459   460   461  
462   463   464   465   466   467   468   469   470   471   472   473   474   475   476   477   478   479   480   481   482   483   484   485   486   >>   >|  
committee of the Bar Association of the city of Boston of the application, and has received elaborate briefs from the petitioner in support of her petition and from two gentlemen of the bar as _amici curiae_ in opposition thereto. The statute under which the application is made is as follows: "A citizen of this State, or an alien who has made the primary declaration of his intention to become a citizen of the United States, and who is an inhabitant of this State, at the age of twenty-one years and of good moral character, may, on the recommendation of an attorney, petition the Supreme Judicial or Superior Court to be examined for admission as an attorney, whereupon the Court shall assign a time and place for the examination, and if satisfied with his acquirements and qualifications he shall be admitted." St. 1876, c. 107. The word "citizen," when used in its most common and most comprehensive sense, doubtless includes women; but a woman is not, by virtue of her citizenship, vested by the Constitution of the United States, or by the constitution of the commonwealth, with any absolute right, independent of legislation, to take part in the government, either as voter or as an officer, or to be admitted to practice as an attorney. _Miuor vs. Happersett, 51 Wall. 162. Bradwell vs. Illinois, 16 Wall. 130._ The rule that "words importing the masculine gender maybe applied to females," like all other general rules of construction of statutes, must yield when such construction would be either "repugnant to the context of the same statute," or "inconsistent with the manifest intent of the legislature." Gen. Sts. c. 3, Sec. 7. The only statute making any provisions concerning attorneys, that mentions women, is the poor-debtor act, which, after enumerating among the cases in which an arrest of the person may be made on execution in an action of contract, that in which "the debtor is attorney-at-law," who has unreasonably neglected to pay to his client money collected, enacts, in the next section but one, "that no woman shall be arrested on any civil process except for tort." Gen. Sts. c. 124, Sec.Sec. 5, 7. If these provisions do not imply that the legislature assumed that women should not be attorneys, they certainly have no tendency to show that it
PREV.   NEXT  
|<   437   438   439   440   441   442   443   444   445   446   447   448   449   450   451   452   453   454   455   456   457   458   459   460   461  
462   463   464   465   466   467   468   469   470   471   472   473   474   475   476   477   478   479   480   481   482   483   484   485   486   >>   >|  



Top keywords:

attorney

 
citizen
 
statute
 

provisions

 

admitted

 

States

 

legislature

 

debtor

 

attorneys

 

United


petition

 
application
 

construction

 
importing
 
masculine
 

gender

 

statutes

 

applied

 

repugnant

 

general


context

 

intent

 

females

 

manifest

 

inconsistent

 
enumerating
 

arrested

 

section

 

collected

 
enacts

process

 

assumed

 

tendency

 

making

 
mentions
 

arrest

 

person

 
unreasonably
 

neglected

 

client


contract
 

execution

 

action

 

virtue

 

inhabitant

 

twenty

 

intention

 

primary

 

declaration

 
examined