Women -- Employment -- United States; Women -- Social and moral questions
Women lawyers of this country are entitled to practice before all
courts, State and national, the same as male lawyers. When not admitted
under existing statutes, the respective legislatures, so far, with two
exceptions, have promptly passed enabling acts. Women anxious for
admission were the first to advocate these. One exception to the usual
legislative promptness is found in the case of Annie Smith, of Danville,
Virginia. The Judge of the Corporation Court, to whom she applied in
1889 for a certificate to enable her to be examined, refused it on the
ground that for a woman to obtain license the present statute would have
to be amended. Mrs. Smith, aided by her husband, an attorney, vainly
endeavored to secure the necessary enactment during the last session of
the State Legislature. The bill, a general one, was voted down; but a
private bill, to enable Mrs. Smith only to obtain license, was favorably
reported. The Legislature, however, adjourned before final action on it.
Mr. and Mrs. Smith will continue their efforts until successful.
The other exception was a prior one, but admission came without
legislation. This is found in the case of Carrie Burnham Kilgore, of
Philadelphia. Speaking of her twelve years’ struggle for admission, Miss
Martin, in her article on “Admission of Women to the Bar,” already
cited, says: “In December, 1874, Carrie Burnham (now Kilgore), of
Philadelphia, began the long and tedious warfare that she has been
obliged to wage for admission in Pennsylvania. The Board of Examiners
refused to examine her, because there was ‘no precedent for the
admission of a woman to the bar of this county,’ and the Court refused
to grant a rule on the board requiring them to examine her. Mrs. Kilgore
then tried to have a law passed forbidding exclusion on account of sex,
but the Judiciary Committee of the Senate took the position that the law
as it stood was broad enough, and so it would seem to be. The Act of
1834 declares, ‘The Judges of the several Courts of Record in the
Commonwealth shall respectively have power to admit a competent number
of persons of an honest disposition, and learned in the law, to practice
as attorneys in their respective courts.’ The Senate finally passed the
clause desired, at two or three sessions, but it was never reached in
the House. Finally Mrs. Kilgore gained admission to the Law School of
the University of Pennsylvania in 1881, where she had previously been
denied, and by virtue of her diploma from there, in 1883, was admitted
to the Orphans’ Court of Philadelphia. She was then admitted to one of
the Common Pleas Courts, but denied admission to the other three, though
it is the custom when a person has been admitted to one, to admit to the
rest as a matter of course. As soon after admission to the Common Pleas
Court as the law allows, two years, and in May of this year, 1886, Mrs.
Kilgore applied and was admitted to the Supreme Court of the State, and
Public-domain text, read in full here on John Shaqi.
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