Page:History of Woman Suffrage Volume 3.djvu/398

398 Teachers will be expected to discountenance the use of tobacco and intoxicating liquors, and to use their best endeavors to impress on the minds of the children and youth committed to their care and instruction a proper understanding of the evil tendency of such habits; and no teacher need apply for a certificate to teach in this town, the ensuing year, who uses either. 2em

Aroostook, though occupying the extreme northeastern portion of our good State of Maine, and still in the blush of youth, is not behind her sister counties in recognition of woman's fitness for office. The returns of town elections, so far as I have yet seen, give three towns in the county which have elected ladies to serve as members of the school committee. 2em

Houlton, Maine.

In the autumn of 1874 the governor and council requested the opinion of the Supreme Judicial Court on the following questions:

First—Under the constitution and laws of this State, can a woman, if duly appointed and qualified as a justice of the peace, legally perform all acts pertaining to that office?

Second—Would it be competent for the legislature to authorize the appointment of a married woman to the office of justice of the peace; or to administer oaths, take acknowledgment of deeds or solemnize marriages, so that the same may be legal and valid?

The following responses to these inquiries were received by the governor: the opinion of the court, drawn by Chief-justice Appleton, and concurred in by Justices Cutting, Peters, Danforth and Virgin; a dissenting opinion from Justices Walton and Barrows and one from Justice Dickerson. The opinion of the court is given below:

To the questions proposed we have the honor to answer as follows:

Whether it is expedient that women should hold the office of justice of the peace is not an inquiry proposed for our consideration. It is whether, under the existing constitution, they can be appointed to such office, and can legally discharge its duties. By the constitution of Massachusetts, of which we formerly constituted a portion, the entire political power of that commonwealth was vested under certain conditions, in its male inhabitants of a prescribed age. They alone, and in the exclusion of the other sex, as determined by its highest court of law, could exercise the judicial function as existing and established by that instrument.

By the act relating to the separation of the district of Maine from Massachusetts, the authority to determine upon the question of separation, and to elect delegates to meet and form a constitution was conferred upon the "inhabitants of the several towns, districts and plantations in the district of Maine qualified to vote for governor or senators," thus excluding the female sex from all participation in the formation of the constitution, and in the organization of the government under it. Whether the constitution should or should not be adopted, was especially, by the organic law of its existence, submitted to the vote of the male inhabitants of the State.

It thus appears that the constitution of the State was the work of its male citizens. It was ordained, established, and ratified by them, and by them alone; but by the power of government was divided into three distinct departments: legislative, executive and judicial. By article VI., section 4, justices of the peace are recognized as judicial officers.