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the Mississippi, where women have not control over their own wages.

In pre-revolutionary days it is conceded that in New Jersey, and some other communities where the word "person" was used in expressing qualincations, women participated, even in the presidential elections, until 1807.

Mistress Margaret Brent acted as executrix of the estate of Leonard Calvert, first lord proprietor and governor of Maryland, and was listened to by the courts as his lordship's attorney, practicing in all the courts of the State, and demanding a voice in colonial affairs.

Abigail Adams, at the close of the last century, also pleaded for a larger liberty for women, and others joined with eloquence in the plea.

A curious link between the old and the new has just been severed. Lady Louisa Tighe, lately deceased, in Woodstock, had a unique position, being the only woman, beside the queen, in Great Britain having the power to pardon criminals, even at the foot of the scaffold. This right she exercised twice a year by virtue of an hereditary dispensation. She ruled from 1878 the vast and splendid domain of Woodstock with almost the power of a monarch. Every morning she held court; the people gathered outside her windows and stated their cases in the same way the subjects | of an Oriental king appeal to him. Lady Louisa heard their stories, gave her decisions, and they were unquestionably obeyed. Once she banished her steward from the realm for the theft of the great Richmond diamond, which he confessed.

In a very learned treatise by M. Ostrogorski, to which I acknowledge a debt of gratitude, he says that positive law is opposed to the admission of women to political power." In this work, "The Rights of Women," he ably sums up the countries which concede to them sovereignty, regency, franchise, eligibility to office and educational and professional rights, and finds that while the progress of the present day is, as yet, opposed to granting to women political rights, yet everywhere her rights to property and to education (her individual rights) are freely conceded.

Princeton is a notable

that of lawas in Yale. exception to this rule, for "although," as Chancellor MacCracken phrased it, "it is not good for man to be alone, Princeton has been alone for one hundred and fifty years!" Edinburgh University has just conferred its first degree on a woman, Miss Ormerod, the celebrated entomologist, having been made a Doctor of Laws. This degree | Emily Kempin received in Zurich in 1887, and lectured there on law. Thus sisters and brothers are entering college life on an equality, but not always so leaving, for only last year in Buffalɔ Law School Mrs. Rodgers graduated at the head of the law class.

Leaving this brief historical sketch, the question meets us: Is legal education a benefit to a woman? Austin Abbot has said: “Some study of the law is of prime importance in the complete | education of every human being. The mental discipline in a thorough study of legal practice is unequalled. It tends to make the mind more reasonable, consistent, logical and well-balanced, and is as useful to women as to men, whether they apply the knowledge to the practice of law or to any other vocation."

Almost the last appearance of this great jurist was at the home of the president of the Woman's Legal Education Society, when he addressed the friends of the Woman's Law Class in New York, and gave his ringing words heartily and freely in commendation of their work. Quoting Blackstone's famous words, "Every gentleman should study law," he applied them to every human being, and, like John Stuart Mill, in his noble essay on the "Subjection of Women," pointed out the gain to the race which would ensue when woman's intellect should be trained as is man's. He explained law as the rule of society," and sketching woman's hapless condition under the common law, he described briefly modern legislation, which has so immeasurably benefited her status, and its effect, especially upon the life and property rights which have lately come to her.

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Thus the various acts which have given to women property rights, power over wages and At the dawn of the nineteenth century no col-power to make wills have been so many new relege opened its doors, for social prejudice frowned upon the enfranchisement of women. The days when women filled the chairs of learning in Spain and Italy seemed forgotten, and the German proverb that "one tongue is enough for a woman tacitly influenced public opinion. To-day we need not argue on the question of the desirability of higher education for a woman. The wide-open doors of colleges and universities have settled that forever. "Woman's sphere," said Dr. Faunce at our alumnæ banquet, “is a real sphere, and not simply a few points on man's sphere."

In correspondence with many of our universities we find provision for woman's admission to some departments, even when she is excluded from

sponsibilities, urging them to study to be worthy. The multiplied political clubs have taught them what they need to know, but the deeper voice of necessity has shut out the din of social pleasure, and women, as John Stuart Mill prophesied of her, is all the more winning for growing intellect, and all the more lovable for high culture and sound common sense. The different position which she holds in this century was brought about, in part, by her persistent agitation (for it is said, "if a woman cannot argue she can re-iterate"), but mainly by the noble friendship and championship of the best men of the community. The writer begs, above all things, to recognize that woman's progress in the nineteenth century has gone hand

in hand with man's generosity, and points to the statutes of the Empire State as witness to the fact | that there woman has larger power over her property than has her husband, for she can buy, sell, mortgage, alien, release and convey her realty free from all control of her husband, while his right in these respects is always limited by her dower.

Our able lecturer in New York University has recently explained why law schools are crowded," for law is a liberal education. Every argument which would sustain the position that a man should know the laws he lives under would equally apply to a woman some of the largest estates are held to-day by woman heirs some of the most momentous questions of the modern law concern their status. It is impossible to put woman back into the seclusion of the Pauline period, where her only source of information was to ask her husband at home." With increased responsibility as given her by the trend of modern law, she must be taught her position as woman, as property holder, as litigant, and as citizen. A man in his business must know the laws; a woman in her environment is equally under their power, and must, therefore, know her place in the body politic.

And first, it has been the experience of your speaker that sometimes the operation of statute and customary law has been hindered and defeated because many sensitive women will not confide their business affairs to men. Repeatedly has this occurred in our cities and in country homes. Again and again has it been said to me: "If I had only known that women could understand law I should be better off to-day," or, "I am afraid to go to a lawyer." When women learn that law is resistless and will take its course, being either a power to protect them or a Juggernaut to ride over them, our question will be answered.

Again, the law needs women, because, however hackneyed is the saying, women can understand each other better than men can women. Let the doubter listen to a woman as she studies her client, and by slow degrees extracts the story it is so hard to put together. Her patience and sympathy often are a powerful aid here. Women see quicker the confusion which is misleading the client and the utter ignorance of law which a man cannot even imagine. Mr. Hinrichs told us lately that the average office boy knows more of practical law than the average woman. For a little while this is true, but it will not long remain so. Women are learning the fascination which is found in orderly living, and they yield a reverence to law when once it convinces them which makes it binding on conscience and on conduct.

Also, the law needs women because of their influence. Every calling is lifted up by the entrance into it of one with high, unselfish motives and large intellectual power. It is safe to say that in the modern struggle only the wiser women will succeed in active practice at the bar, and thus the law will gain the best service of both men and women of intellect and principle.

Again, her avocations lead her to-day into the business world. The activities which women formerly monopolized are now in the hands of corporations. Women used to do the weaving and spinning, the preserving, the pickling and baking in our homes, as well as the family knitting and fashioning the home-made cloth into garments. To-day she never makes her collars even, and knitting machines have taken her place as the artificer of the family hosiery, while the sewing and weaving machines are helping to displace her, so that she is perforce compelled to enter into the fields of man's activity. Her coming into the Second. Has any woman a legal mind? Yes, as world of business has affected that world most witnessed by the examples already given and the noticeably. She is a factor for good, and is now testimony of those who have worked with them welcome where once she won grudging recog- and instructed them in the calling. In the period nition. She herself has been the gainer in inde- of modern work by women in law about three pendence, in common sense, and in the possession hundred have been admitted to the bar in the of that sweet sense of independence which, once United States alone. Many of them have won known, is not easily relinquished, and it is a distinction in special lines. California and Chicago pleasure to add a tribute here to the gentle dig- both have women especially successful as probate nity with which these young women bear them- lawyers, others have distinguished themselves in selves. Woman's work in medicine is acknowl-office, and others as instructors in law. Europe, edged to be valuable, but opinions differ as to her place in the legal profession. Dr. Russell has said: As justice and equity know no distinction of sex, so the commonwealth of intellect cannot deny to women the freedom of the city.”

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Asia, Canada, the Klondike and all sections of the
United States have learned this fact.

Mrs. Irvine, of Wellesley, said: "I believe in the new woman because she can study. It is well for a woman to know as much as she possibly can

To the present writer the question narrows itself about everything." down to two points, namely:

Dean Ashley, of New York University, in ad

First. Are there any circumstances where the dressing the Woman's Law Class, said he could law has need of woman?

Second. Has any woman a legal mind?

If these two questions are answered in the aifirmative the fact that law needs woman may be established.

most warmly commend the women students in the law school, where they compete successfully with their brothers, and prophesied that the time will come when their influence will be felt in political life.

What, then, is the standing of woman in legal education to-day? When Oberlin opened its doors to women a great step was taken, but the law schools were later to welcome her. In 1869 Mrs. Belle Mansfield was admitted in lowa to practice law, and the same year the University of Iowa invited woman students. Chief Justice Austin Adams favored the recognition of woman's ability, and withstood a tide of dissent in doing so. He admitted Mrs. Foster to practice in his court, against the protest of his associates, and lent such influence and encouragement to the cause of liberal education that women of society in Dubuque entered the law school to encourage by their presence the young women students, and give them countenance.

Michigan followed Iowa, and Boston Law School was opened to women in 1872, California in 1873, and Missouri in 1880. Illinois and other States followed, and when, in 1886, the legislature of New York admitted, by statute, women to practice law, Cornell and New York University provided for them a place to prepare to do so. It was no small change when all this was accom plished in conservative New York for there such social revolutions move slowly and reluctantly, and people do not lightly adopt new ways. In the more untrammelled civilizations of the Western States there have been no restrictions on the admission of women to the universities, ani many of them are in office and successful in practice.

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What has been the result of this new opportunity and what are modern women doing in law? It is true that Belgium denied ten years ago to M'le Popelin the right to practice law, saying women had not the leisure nor the aptitude necessary for the struggles and fatigues of the legal profession." On the other hand, France has given to M'lle Jeanne Chauvan, author of the "Evolution of Woman," recognition at her bar, and Canada has followed with her partial admission, allowing them to be solicitors. Canada allows them to be attorneys, solicitors and proctors, but not barristers. Zurich honored Mrs. Kempin as instructor in law, and in our own city, New York, three women were recently appointed receivers by Justice McLean.

Madam Tel Seno, of Japan, is to-day one of the most influential women of the country, practicing her chosen profession, the law. in the land of the Mikado, and devoting her whole life to the eduIcation of her sex. India has a Parsee woman lawyer who has contributed to the welfare of her sisters, who are forbidden by religion and custom to receive legal advice from men.

In the American Law Review of August, 1894. an interesting article by Chief Justice Howe, of Wyoming, sums up his experience of women as jurors, and closes with these words: "I have never in my twenty-five years of constant experience in

the courts of the country seen more faithful, intelligent and absolutely honest grand and petit jurors than these."

From the same State, some years before, the Review published a letter written by Mrs. Esther Morris, the first woman justice of the peace in | America, who, writing to a friend, opened her letter with the words: "For our privileges in this State we are indebted to the generosity of the men of Wyoming." She describes her work in office, and explains that she did not neglect her home duties while an incumbent, adding: "In about thirty civil actions tried before me there has been but one appeal taken, and the judgment was affirmed in the court above."

In Wyoming, also, when admitting Miss Heberd, November, 1899, the first woman to ask admission to that bar, Judge Bramel said: "I believe women ought to have equal rights with men in every branch of study, and in the professions, and I believe the day is not far distant when this will be accorded her."

Mrs. Haskell, of Helena, Mont., in 1889 secured the passage of a law by the legislature permitting women to practice law. There many offices are open to them, service on the school board, county superintendent of schools, and others.

For more than twenty years Miss King has practiced in Wisconsin, and won recognition by her talents.

Mrs. Bradwell, of Illinois, founded the Legal News, one of the best law journals published, and one which is carried on since her death by her husband. The story of her application for admission to practice law, and her refusal, is well known. The court rested its refusal at first on the ground that she was a married woman," but finally gave to her womanhood alone the weight of its judicial "No." It is gratifying to know the same court afterwards, of its own motion, admitted her to the coveted privilege.

One woman from the same State is practicing law in the Klondike, and one, Miss Berthelme, is public guardian in Cook county, having in her care the estates of more than three hundred orphans. Chicago has also a woman lawyer, who is blind.

The experience of Miss Knowles in Maine interests us, as showing the ordinary course of events in this direction, namely, that when courts refuse woman's application then legislatures come to her aid. Chief Justice Peters, who presided at the term of court to which she applied, declined to allow her to be examined without a prior construction of the law relating to attorneys by the Law Court, and the case was there reported in 1899; but the legislature convened in January, 1899, and an act was passed in favor of woman's right to practice law in Maine. In 1872 Mrs. Nash was admitted in the same State in Washington county, but the fact seemed to have established

no precedent. Many States have a few women lawyers only few have more than ten or twelve. New York with about forty, and Illinois with eighty-seven, easily lead.

Women who are not intending to practice law are yet studying for culture, and to comprehend legal advice. The Woman's Law Class of New York University offers to them unparalleled advantages. One of the university's ablest lecturers has charge of the class, and inspires with enthusiasm for legal study all who attend the course. In the ten years since it was founded over six hundred women have taken the chancellor's certificate, conferred on those who successfully pass a strict examination. It has been said of this class: "No other institution in the metropolis is so eloquent a commentary upon social and professional changes." Ten years ago the first step was taken for its inauguration, and at first it was said the class would never be utilized by those for whose benefit it was planned. To-day it stands a successful experiment, endowed by its friends, and accepted as a permanent part of university extension work, a class which teaches outlines of law and supplies to women the knowledge which the non-professional woman finds so hard to secure. The lawyers of our city are now sending their stenographers to the Woman's Law Class, and can testify to the usefulness of the work.

A class text-book of great attractiveness has been prepared, but found to be so valuable an addition to the text-books already in use that it has been adopted, not only in New York University Law School, but in many others. It gives with great acuteness definite knowledge, and yet suggests the exceptions and variations of the various bodies of law. The "Outlines of Law" is studied with an enthusiastic appreciation which makes the uninitiated recall the old caution, "Beware of the man with one book." Many of the students of this class have testified to its influence and its effect in broadening and enlightening their minds. The work is entirely "extension work," leading to no degree, and yet the students have, many of them, here discovered their aptitude for legal study, and about fifteen of its graduates have entered the regular law school, carrying their enthusiasm into the sterner study of the preparation for the bar. Miss Stanleyetta Titus was the first woman to thus enter the profession, and graduated with distinction, being admitted afterwards (June, 1894), the first woman lawyer in New York State.

In New York we have a Woman Lawyer's Club, of which Miss Loew is president and Miss Philbrook, of New Jersey, is secretary. Miss Brischen, of Boston; Miss Fall, of Malden, Mass., and the others who have graduated from Boston University with magna cum laude are active. Boston has her Portia Club and Chicago her League of Women Lawyers, while there is also a national

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association, limited to women who have been practicing five years, with offices of their own.

Miss Miller, of Chicago, edits the Forum. Miss O'Neill, of Connecticut, is in her father's law firm. Miss Listhardt, of Colorado, is successful in her State, and of the women of my own State who are well known here much has been written, and more will be heard.

STATISTICS.

Thirty-four States admit women unreservedly to practice law, and wherever there are law schools in those States, with the exception of Yale and Princeton, women may be candidates for degress. Eighty-seven have been admitted to practice in Illinois, forty in New York, thirty in Iowa. twenty in Massachusetts, twenty-five in Missouri, ten in the District of Columbia, twenty-five in Nebraska, nine in Oregon, "two or three" in Colorado, Kentucky, Nevada, Washington and Wisconsin; six in Michigan, two in Florida, Idaho and Connecticut; one in Arizona, Maine, Montana, Utah, North Dakota, Tennessee and Wyoming. From Pennsylvania the uncertainty of the number is because there admission is by county, and the number could not be ascertained by inquiry. From California, Kansas, Indiana and Texas the answer is "but few."

Virginia, Alabama, Arkansas, Delaware, South Carolina and Vermont prohibit woman's entrance to their bar.

In Georgia, Louisiana, Maryland, North Carolina and Rhode Island, "law is silent none have ever applied." Yet Maryland and South Carolina admit them to their law schools.

In Missouri and California nine have graduated from the law schools; in Illinois and Massach1setts twenty-five; eight in Wisconsin, twenty in Michigan, sixty-five in New York, about nine in Nebraska, ten in Kansas, fourteen in Iowa, three in Oregon, the same in Washington, four in Pennsylvania, one in Colorado, and from other schools an indefinite number.

So far as we can discover, with exactness, admission was by statute in New York, Iowa, Illinois, Maine, Massachusetts, Montana, Nevada, North Dakota and New Jersey. By decree of court in Pennsylvania, Connecticut, New Hampshire and Wisconsin. "Always,” never prohibited," in Arizona, California, Colorado, Florida, Kansas, Michigan, Minnesota, Mississippi, Ohio, Oregon, South Dakota, Texas, Utah, Washington and Wyoming.

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Help has been generously given from every State in the Union for these statistics, and from colleges and law offices, from courts and senators, and from my sisters-in-law have come generous responses which will be cherished by the writer for their varied and generous information.

NEW YORK, May, 1900.

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INJURY TO PASSENGER.

STEPPING FROM MOVING TRAIN,

NEW YORK COURT OF APPEALS.

Decided May 15, 1900. STEPHEN MEARNS, Respondent, v. THE CENTRAL RAILROAD OF NEW JERSEY, Appellant.

A passenger who stepped from a moving train in the dark supposing it had stopped, without invitation from any officer of the road except an announcement by the conductor upon nearing the station, "All out, Jersey City, last stop," which the passenger knew was the usual notice given in advance of the arrival of the train at

the station, cannot recover for consequent injury.

A railroad company is not bound to expressly warn its passengers of the stopping of a train; nor is the opening of the vestibule doors by the guard to be considered as notice that the train has stopped.

Appeal from a judgment of the Appellate Division, First Department, reversing a judgment entered upon a nonsuit, and granting a new trial.

Austen G. Fox for appellant; Thomas P. Wickes for respondent.

HAIGHT, J.-This action was brought to recover damages for a personal injury. The plain

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