dard of qualifications than its
present rules prescribe. Although I observe that my time is up, I
ask indulgence for a moment or two longer. As this is a question
of some interest and women cannot appear here to speak for
themselves, I hope I may be allowed to speak for them a moment.
Now, there is something in the objection stated by the chairman
of the Committee on the Judiciary--that is to say, the bill would
take the rule of the Supreme Court and put it in the statute and
apply it to women, thereby conferring exceptional privileges; but
that is not my intention at all, and therefore I have proposed
that women shall not be excluded from practicing law, if they are
otherwise qualified, on account of sex, and that is the provision
which I want to send back to the Judiciary Committee.
Mr. GARLAND: I wish to ask one question of the senator from
California. Suppose the court should exclude women, but not on
account of sex, then what is their remedy?
Mr. SARGENT: I do not see any pretense that the court could
exclude them on except on account of sex.
Mr. GARLAND: If I recollect the rule of the Supreme Court in
regard to the admission of practitioners (and I had to appear
there twice to present my claim before I could carry on my
profession in that court), I do not think any legislation is
necessary to aid them by giving them any more access to that
court than they have at present under the rules of the Supreme
Court.
Mr. SARGENT: I believe if the laws now existing were properly
construed (of course I speak with all deference to the Supreme
Court, but I express the opinion) they would be admitted, but
unfortunately the court does not take that view of it, and it
will wait for legislation. I purpose that the legislation shall
follow. If there is anything in principle why this privilege
should not be granted to women who are otherwise qualified, then
let the bill be defeated on that ground; but I say there is no
difference in principle whatever, not the slightest. There is no
reason because a citizen of the United States is a woman that she
should be deprived of her rights as a citizen, and these are
rights of a citizen. She has the same right to life, liberty and
the pursuit of happiness and employment, commensurate with her
capa
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