These
two statutes are placed in immediate juxtaposition in the
revision of 1875 and deal with kindred subjects, and it is
reasonable to presume that the revisers and legislature intended
both to receive the same construction. It would seem strange to
any common-sense observer that an entirely different meaning
should be given to the same word in the two statutes, especially
when in giving the narrower meaning to the word in the statute
with regard to attorneys, we are compelled to give it a different
meaning from that which the same word requires in the next line
of the same statute.
We are not to forget that all statutes are to be construed, as
far as possible, in favor of equality of rights. All restrictions
upon human liberty, all claims for special privileges, are to be
regarded as having the presumption of law against them, and as
standing upon their defense, and can be sustained if at all by
valid legislation, only by the clear expression or clear
implication of the law.
We have some noteworthy illustrations of the recognition of women
as eligible or appointable to office under statutes of which the
language is merely general. Thus, women are appointed in all
parts of the country as postmasters. The act of congress of 1825
was the first one conferring upon the postmaster-general the
power of appointing postmasters, and it has remained essentially
unchanged to the present time. The language of the act is, that
"the postmaster-general shall establish post-offices and appoint
postmasters." Here women are not included, except in the general
term "postmasters," a term which seems to imply a male person;
and no legislation from 1825 down to the present time authorizes
the appointment of women, nor is there any reference in terms to
women until the revision of 1874, which recognizes the fact that
women had already been appointed, in providing that "the bond of
any married woman who may be appointed postmaster shall be
binding on her and her sureties." Some of the higher grades of
postmasters are appointed by the president, subject to
confirmation by the Senate, and such appointments and
confirmations have repeatedly been made. The same may be said of
pension agents. The acts of congress on the subject have simply
authorized "the
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