Women -- Employment -- United States; Women -- Social and moral questions
“Our practice is general in character, and extends to the courts of this
State and the United States courts for the Northern District of Ohio.
The following facts will enable you to form an estimate as to the nature
and extent of Mrs. Lutes’s practice and experience at the bar. The bar
of this county has forty-five members. The total number of civil cases
on the trial docket of the term just closed was 226; of that number, our
firm was retained in fifty cases, which is probably a fair average of
our share of the business for this county, and our practice also extends
to a considerable extent to the adjoining counties of this district.”
Mr. Lutes’s infirmity necessarily imposes extra duties on his faithful
partner, which the following extract from the _Chicago Daily Tribune_,
of April 5, 1890, graphically pictures: “Mr. Lutes is totally deaf, but
his wife sits by him in court and repeats word for word what is said,
and although her lips make no audible sound, every word said by judge,
jury, or opposing counsel is understood. Without her assistance he would
be perfectly helpless, so far as his law practice is concerned. The two
work together on every case that is brought to them, and it is seldom a
person sees one without the other. Their practice is lucrative and
extensive.”
The other case is that of Clara S. Foltz. Her married life was
unfortunate. She had the family to support. This she did by undertaking
dressmaking and millinery, and then conducting classes in voice culture
and keeping boarders. An attorney who “admired her keen reasoning powers
and her incisive logic,” one day said: “Mrs. Foltz, you are such a good
mother that I believe you would make an able lawyer. Here is a copy of
Kent’s Commentaries. I wish you would take it home and read it.” She did
so as she nursed her babies—five of them now. Shortly afterward she
began the study of law in an office. Subsequently she secured a divorce
and the custody of her children. In September, 1878, she was admitted to
practice and removed to San Francisco for a course in the Hastings Law
College. She made application for admission as a student in the college
and the dean permitted her to attend the lecture for three days, while
the directors were deciding what to do about it. They refused her
application on the ground that it was “not wise or expedient, or for the
best interest of the college, to admit any female as a student therein.”
Mrs. Foltz informed the dean that she meant to attend the
lectures—peaceably if she could, but forcibly if she must. She promptly
commenced action for a mandate to compel the directors to admit her. She
won. The directors appealed the case to the State Supreme Court. Mrs.
Foltz appeared and argued her side of the case, making the point that
the Law College was a branch of the University, and that woman’s right
to enter the latter was unquestioned. The Court agreed with her, and
held that “An applicant for admission as a student to the Hastings Law
Public-domain text, read in full here on John Shaqi.
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