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study in the Law School of Michigan University and admission to the
bar of Michigan in June, 1885, entered the Law School at Yale in the
fall of the same year, and graduated at the close of the course with
the degree as already stated. Dean Wayland, of Yale Law School,
sends me a catalogue of the University, and writes that the marked
paragraph on page 25 is intended to prevent a repetition of the
Jordan incident. The paragraph referred to appears on the page
devoted to departments of instruction, and reads: ‘It is to be
understood that the courses of instruction above described are open
to persons of the male sex only, except where both sexes are
specifically included.’”—(Lelia J. Robinson, LL.B., in an article on
“Women Lawyers in the United States,” in The Green Bag, January,
1890.) As to the relative standing of the sexes as students in law
schools, Hon. Henry Wade Rogers, dean of the department of law of
Michigan University, says: “The women who have attended the Law
School have compared favorably in the matter of scholarship with
the men. They are just as capable of acquiring legal knowledge as
men are.” This law school has graduated more women than any other
in the country. Hon. Henry Booth, dean of Union College of Law,
gives the standing of women in scholarship as that of a fair average,
and says: “We discover no difference in the capacity of the sexes to
apprehend and apply legal principles. We welcome ladies to the
school and regard their presence an advantage in promoting
decorum and good order.”
A law school for women has recently been opened in New York
City. Its founder is Madame Emile Kempin-Spyri, a graduate of the
School of Jurisprudence, of the University of Zurich, in 1887. Her
application for admission to the order of advocates of her native
country, Switzerland, being denied, she emigrated to the United
States. She is the counsel of the Swiss Legation in Washington.[161]
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 by virtue of this admission, all the lower
Courts are now compelled to admit her. Thus, Pennsylvania has
accomplished after twelve years, what Iowa did seventeen years ago
without any ado, and with a statute that might have afforded a
reasonable ground for refusal, which the Pennsylvania statute did
not.” Since her admission, Mrs. Kilgore has been in active general
practice. Her husband, an able lawyer, in whose office she studied
and worked, died two years ago, in 1888. He had a large clientage.
After his death, Mrs. Kilgore was requested to take charge of his
cases in all but one instance. She is the attorney for Harmon Lodge,
I.O.O.F., and the Relief Mining and Milling Company. Several times
she has been appointed master and examiner by the courts. A special
correspondent of the Chicago Daily Tribune, in its issue of April 5,
1890, speaking of Mrs. Kilgore’s efforts and successes concludes
with: “She has several interesting children and a delightful home,
neither her struggle for woman’s rights nor her devotion to her
professional concerns having interfered with her domestic duties nor
estranged her from the hearth.”
This reminds us of many interesting cases of motherly care and
devotion on the part of women practitioners, two of which we cannot
refrain from mentioning. One is in regard to Ohio’s first woman
lawyer, Annie Cronise Lutes, of Tiffin, who was admitted to practice
before the courts of that State in April, 1873. Her sister, Florence
Cronise, was admitted in September of the same year. These two
sisters, since their admission, have pursued the steady, straight
practice of law without deviation. For several years they were law
partners. In 1880, Mrs. Lutes and her husband, who had been fellow
students in the same office, and were admitted to the bar at the same
time, formed a partnership. (This left Miss Florence to practice
alone, which she has since done with signal success.) Mr. and Mrs.
Lutes were married in 1874. They have three daughters. The two
eldest (aged fourteen and twelve respectively) are attending the
Heidelberg University, at Tiffin, taking the full classical course, for
which they were prepared under the instruction of their mother,
never having attended public school. The full force of this fact will
become apparent further on. In 1881 Mr. Lutes became totally deaf.
In a letter showing the extent of their law practice, which was
published in the article on “Women Lawyers in the United States,”
already cited, Mr. Lutes says:
“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 College cannot lawfully be rejected on the sole ground
that she is a female.” (Foltz v. Hoge, et al., Cal. Supreme Court Rep.,
vol. liv. p. 28.) She entered the college and remained there eighteen
months, attending three classes daily to overtake her class. Finally
overstudy, lack of means, and the care of her children, prostrated
her. It was a severe disappointment not to be able to complete the
prescribed three years’ course and win her degree. She will yet gain
it. Mrs. Foltz thus tells the story of her first case:
“I firmly believe in the Infinite. The day the Supreme Court
admitted me—it was on Thursday—I traveled from San Jose to San
Francisco. An old gentleman who knew of my struggles and
ambitions was on the train. He explained in an apologetic way that
he thought perhaps I would be willing to assist him in finding a land
claim that he had pre-empted, and which another settler contested.
My would-be client had all the necessary proofs and witnesses ready,
and the case was to come up at ten o’clock the following day. I had
never been in a land office. I was ignorant of the methods of
procedure, but I could soon learn. I accepted the case.
“That day was a crisis in my life. To pay the ten dollar fee of the
Supreme Court I pawned this breastpin—dear old pin! Next
morning, before I was up, a knock came to my door as the clock
struck seven. My client was there. I dressed myself and carried on a
conversation through the door. What would I charge for my services,
he asked. I did not know, but ventured a guess at the correct figure. I
would undertake the case for $25. He hesitated a little, and said that
after witnesses fees and other expenses were paid he would have but
$15 left, and that if I had a mind to take that sum it would be all
right. I accepted eagerly, for I needed the money. Next I invited the
witnesses in and questioned them. We parted to meet at the land
office, but I went down in advance to see the Surveyor-General. I
hold that the truth is always the best, so I told him that I had a case
at ten o’clock, but knew nothing about land-office matters, and that I
wanted to learn the law. He was very kind and furnished me with a
pamphlet of instructions. Then I ventured to request that the case
might go over to 1 P. M. He found that it could. I was immensely
relieved and hastened off with my precious pamphlet. Client and
witnesses were on the stairs. I informed them of the change in time
and turned back. Didn’t I get that pamphlet by heart though! And I
won my first case, redeemed my cherished pin, and paid my board
bill.”
Laura De Force Gordon, who was also denied admission to the
Hastings Law College, and aided Mrs. Foltz in her mandamus case,
successfully defended a Spaniard charged with murder, within two
months after her admission to the bar in 1879. “Among her most
noted criminal cases was that of The People v. Sproule, which was
indeed in some respects the most remarkable trial in the whole range
of criminal jurisprudence in California. The defendant had shot and
killed a young man named Andrews, by mistake for one Espey, the
seducer of Sproule’s wife. It was a fearful tragedy, and the excitement
was so great that the jail had to be guarded for a week to prevent the
lynching of the prisoner. Mrs. Gordon undertook his defense, against
the advice of the most distinguished lawyers in the State, and
obtained a verdict of “Not guilty” amid the most deafening cheers of
men and hysterical cries of women, half-weeping jurymen joining in
the general clamor of rejoicing.” (“Women Lawyers in the United
States,” in The Green Bag, January, 1890.)
In speaking of her practice, Mrs. Lockwood says: “My first was a
divorce case and I won it, but the man refused to pay the alimony.
The judge told me there was no law to make him pay it. I told him
there was, and I showed him I could issue a ne exeat. I issued the
writ, and the man was clapped into prison until he agreed to pay the
alimony. Years afterward a similar case came up and the men who
were the lawyers asked if there was no way to compel a man to stay
in the District until he paid the alimony. The clerk said: ‘Belva
Lockwood is the only one who has ever issued a ne exeat in the
District; you had better consult her.’ Many a time I have been saved
by a little wit. Once my client, a woman, got upon the witness stand,
in spite of all I could do, and acknowledged she had committed the
crime of which she was accused. It was for shooting a constable, and
that woman described the whole thing, talking until I was glued to
my seat with fright. When she stopped and I had to get up I didn’t
know what I was going to say, but I began, ‘Gentlemen of the jury,
the laws must be enforced. My client has committed the double
offense of resisting an officer of the law and shooting a man. The
District is under the common law. That law says a woman must obey
her husband. Her husband told her to load a gun and shoot the first
officer that tried to force his way into the house. She obeyed him.
Gentlemen, I claim that that husband loaded the gun and shot the
officer, and as the judge will not postpone this case until I can have
the husband brought from the West, where he is, I claim you are not
trying the right prisoner. You would not have a woman resist her
husband?’ The jury brought in the verdict of ‘Not guilty,’ and the
judge, a crusty gentleman, said, when the next case was brought up:
‘I will call a new jury for this case, as the old one has just done a hard
day’s work.’”
Col. C. K. Pier, his wife, and three daughters, of Madison,
Wisconsin, are widely known as “the Pier family of lawyers.” The
Colonel is a lawyer of long standing. Mrs. Pier and their eldest
daughter graduated from the Law Department of the University of
Wisconsin in 1887. All three practice together. The two younger
sisters, Carrie and Harriet, have nearly finished the course in the law
school from which their mother and sister graduated. Miss Kate, in
her twenty-first year, appeared before the Supreme Court and won
her case, the first to be argued by a woman in the supreme tribunal
of the State. A newspaper, commenting on the fact, says: “Her
opponent was J. J. Sutton, a veteran practitioner. The gray-haired
patriarchs of the profession smoothed the wrinkles out of their
waistcoats and straightened their neckties, and then wiped the
specks off their spectacles. The audience was one before which any
young man might readily have been excused for getting rattled.
There were present Gen. E. E. Bryant, dean of the law faculty, ex-
Secretary of the Interior William F. Vilas, and a host of visiting legal
lights. Even the dignified judges were compelled to affect an extra
degree of austerity to conceal their interest in the young attorney.
But Miss Pier showed no sign of embarrassment. Her argument was
direct and to the point, and, moreover, relieved of the superfluities
that frequently characterize the verbose utterances of more
experienced attorneys of the male sex. She stated her case
unhesitatingly, and frequently turned to and cited authorities,
showing an acquaintance with the law and a degree of self-
possession which indicated that she was truly in love with her
profession. She showed she possessed the true mettle for success,
and two weeks later, when the judges rendered their decision, she
had the pleasure of winning her first case. Since then both she and
her mother have frequently argued cases before the Court.”
Almeda E. Hitchcock, of Hilo, Hawaii Islands, graduated from the
Law Department of the Michigan University in 1888, and was
admitted to the Michigan bar. Her father is one of the circuit judges
of that far away island. On her return home she was admitted to the
Hawaiian bar on presentation of her license from the Michigan
Court, the first instance of a woman’s receiving license to practice
law in that kingdom. The same day she was appointed notary public
and became her father’s law partner.
Marilla M. Ricker, while a resident of the District of Columbia, was
appointed Commissioner and Examiner in Chancery by the Supreme
Court of the District, and several cases were heard before her. Other
women lawyers, in various parts of the country, have been appointed
examiners in chancery and examiners of applicants for admission to
the bar. Mary E. Haddock, LL.B., in June, 1878, was appointed by
the Supreme Court of Iowa to examine students of the State
University for graduation and admission to the bar. She was
reappointed for two successive years. Ada Lee, of Port Huron,
Michigan, the year following her admission in 1883, was elected to
the office of Circuit Court Commissioner, having been nominated,
without solicitation on her part, by the Republican, Democratic, and
Greenback parties of St. Clair county. “She performed the duties of
this office, and held it until the expiration of her term, despite the
fact that thirteen suits were begun to oust her, during which time two
hundred and seventeen cases were tried before her.” Mrs. J. M.
Kellogg acted as Assistant Attorney-General during the time her
husband was Attorney-General of Kansas. They are law partners.
Phoebe W. Couzins, LL.B., was chief deputy United States Marshal
for the Eastern District of Missouri during the time her father was
the Marshal. At the death of her father she was named his successor,
which position she held until removed by the incoming Democratic
administration. Catherine G. Waugh, A.M., LL.B., was for a year or
two Professor of Commercial Law in the Rockford (Ill.) Commercial
College. Mrs. Foltz delivered a legal address before the students of
Union College of Law in 1886. Mary A. Greene, LL.B. recently
delivered a course of lectures before the students of Lasell Seminary
on “Business Law for Women.”
Several able articles have been written for law journals by women
lawyers of this country. Of books, M. B. R. Shay, is author of
“Students’ Guide to Common Law Pleading” (published in 1881.) Of
this work, Hon. R. M. Benjamin, dean of Law Faculty, and Hon. A. G.
Kerr, professor of Pleading of Law Department of the Illinois
Wesleyan University, say, as published in Callaghan & Company’s
annual catalogue of law books:
“We have examined with considerable care Shay’s Questions on
Common Law Pleading, and can cheerfully recommend them to
students as admirably adapted to guide them to a thorough
knowledge of the principles of pleading as laid down by those
masters of the system, Stephen, Gould, and Chitty.”
Lelia Robinson Sawtelle is author of “Law Made Easy” (published
in 1886). Of this work, Hon. Charles T. Russell, professor in Boston
University Law School, says: “For the end proposed, the information
and instruction of the popular mind in the elements of law, civil and
criminal, I know of no work which surpasses it. It is comprehensive
and judicious in scope, accurate in statement, terse, vigorous, simple,
and clear in style. My gratification in this work is none the less that
its author is the first lady Bachelor of Laws graduated from our
Boston University Law School, and that she has thus early and fully
vindicated her right to the highest honors of the school accorded her
at her graduation.” Mrs. Sawtelle has since written a manual entitled
“The Law of Husband and Wife,” which likewise has been well
received. She is now at work upon another to be called “Wills and
Inheritances.”
We have already spoken of Myra Bradwell as the editor of the
Chicago Legal News. Catharine V. Waite, LL.B., edits the Chicago
Law Times, which she founded in 1886. Bessie Bradwell Helmer,
LL.B., compiled, unassisted, ten volumes of Bradwell’s Appellate
Court Reports. Cora A. Benneson, LL.B., was law editor for the West
Publishing Company of St. Paul, Minnesota, in 1886.
The first association of women lawyers is called “The Equity Club.”
This was organized in October, 1886, by women students and
graduates of the Law Department of Michigan University, having for
its object “the interchange of encouragement and friendly counsel
between women law students and practitioners.” It is international in
scope. Each member is required to contribute a yearly letter, “giving
an account of individual experiences, thoughts on topics of general
interest, and helpful suggestions,” for publication and distribution
among members of the association.
Another association of women lawyers, organized in 1888, is the
“Woman’s International Bar Association,” having for its object:
1. To open law schools to women.
2. To remove all disabilities to admission of women to the bar, and
to secure their eligibility to the bench.
3. To disseminate knowledge concerning women’s legal status.
4. To secure better legal conditions for women.
Women lawyers are welcomed as members of bar associations
established by their brothers in the profession. Many have availed
themselves of this privilege.
For various reasons quite a number of women admitted have not,
so far, identified themselves with law practice. Others have allowed
themselves to be drawn into temperance and other reform
movements; but the greater portion at once settled down to follow
their chosen pursuit with no deviation, and are ripening into able,
experienced lawyers, and winning their fair share of clientage. Some
confine themselves mainly to an office practice, seldom or never
appearing in public; others prefer court practice. Those who enter
the forum are cordially countenanced by brother lawyers and
acceptably received before court and jury. As a rule they are treated
with the utmost courtesy by the bench, the bar, and other court
officers.
Woman’s influence in the court room as counsel is promotive of
good in more than one respect. Invectives against opposing counsel,
so freely made use of in some courts, are seldom indulged in when
woman stands as the opponent. And in social impurity cases,
language, in her presence, becomes more chaste, and the moral tone
thereby elevated perceptibly. But there should be one more
innovation brought into general vogue, that of the mixed jury system.
When we shall have women both as lawyers and jurors to assist in
the trial of cases, then, and not until then, will woman’s influence for
good in the administration of justice be fully felt. In Wyoming and
Washington the mixed jury system has been tried and found
perfectly practicable.
There has not been time enough yet for a woman to develop into
an Erskine or Burke, an O’Connor or Curran, a Webster or Choate.
But few men have done so, if history correctly records. Woman has
made a fair beginning, and is determined to push on and upward,
keeping pace with her brother along the way until, with him, she
shall have finally reached the highest pinnacle of legal fame.
X.
WOMAN IN THE STATE.
BY
MARY A. LIVERMORE.