Women -- Employment -- United States; Women -- Social and moral questions
Mary Hall of Hartford, Connecticut, in 1882, after having completed the
prescribed term of study and passed the required examination, applied to
the Superior Court in Hartford county for a license to practice law. The
statute under which her application was made provided that the Superior
Court “may admit as attorneys such persons as are qualified therefor
agreeably to the rules established by the judges of said court.” This
statute had “come down, with some changes, from the year 1750, and in
essentially its present form from the year 1821.” The bar of Hartford
county “voted to recommend the admission of the applicant subject to the
opinion of the Court whether, as a woman, she could be legally admitted,
and appointed Messrs. McManus and Collier to argue the case before the
Court.” The Court reserved the application for the advice of the Supreme
Court. The latter Court “held, that under the statute a woman could be
admitted as an attorney.” This being contra to the holdings of the
United States and State courts in similar cases, which we have cited,
was refreshing indeed. The opinion merits quotation quite at length. It
was delivered by Chief Justice Park. The part selected reads:
“No one would doubt that a statute passed, at this time, in the same
words would be sufficient to authorize the admission of women to the
bar, because it is now a common fact and presumably in the minds of
legislators, that women in different parts of the country are and for
some time have been following the profession of law. But if we hold that
the construction of the statute is to be determined by the admitted fact
that its application to women was not in the minds of the legislators
when it was passed, where shall we draw the line? All progress in social
matters is gradual. We pass almost imperceptibly from a state of public
opinion that utterly condemns some course of action to one that strongly
approves it. At what point in the history of this change shall we regard
a statute, the construction of which is to be affected by it, as passed
in contemplation of it? When the statute we are now considering was
passed it probably never entered the mind of a single member of the
Legislature that black men would ever be seeking for admission under it.
Shall we now hold that it cannot apply to black men? We know of no
distinction in respect to this rule between the case of a statute and
that of a constitutional provision.... Events that gave rise to
enactments may always be considered in construing them. This is little
more than the familiar rule that in construing a statute we always
inquire what particular mischief it was designed to remedy. Thus the
Supreme Court of the United States has held that in construing the
recent amendments of the Federal Constitution, although they are general
in their terms, it is to be considered that they were passed with
reference to the exigencies growing out of the emancipation of the
Public-domain text, read in full here on John Shaqi.
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