Show WOMEN AS SCHOOL commissioners THE DECISION OP OF THE SUPREME ME COURT OF massachusetts IN TIIE THE bostos BOSTON WOMEN 1 ELECTION CASE BOSTON feb whether or no a woman can legally hold office under the laws of massachusetts has been a subject of vexed discussion for some years and it is pleasant to know that it il has been summarily answered by the justices of the supreme judicial court boston it seems elected three ladies to serve upon its school board one of whom mrs ann adeline badger since drowned herself in long island sound and when these ladies mado made claim to their seats the remaining members bersot of the board voted that they should be ousted the question then went to the state legislature and thence to the supreme court which rendered the following decision this afternoon the justices of the supreme judicial court respect respectfully full fuli y submit the following answer to the question upon which their opinion was required by the order of the honorable house of representatives of the day of the present month the question is stated in these words under cunder the constitution of this commonwealth can a woman be a of a school commission the question is limited to the deflect of the constitution upon the capac capi capacity city nty of a woman to hold this office on ice ite and involves no interpretation of clitu tes it if the constitution prevents a woman from be being i ng a member of the school commission it must by force of some express provision thereof or else by necessary implication arising either cither from the nature of the office itself or from the law of massachusetts as existing when tile the constitution was adopted and in the limit of which it must be read the constitution ution contains nothing relative to school commissions the office is created and regulated by r statute and tile tiie constitution confers upon tho the general court full power and authority to name and settle annually or provide by fixed laws for naming and settling all civil onni officers within the commonwealth the election and constitution of whom are not in the constitution otherwise provided for the common law of england which was our law upon the subject permitted a woman to fill any local office of an administrative character the duties attached to which were such that a woman was competent to perform them the duties of a school commission relate exclusively to tile tiie education of children and youth in the town or city for which it is elected they coil consist of the general charge chargo and superintendence of the schools including the employment of teachers the selection of schoolbooks school books and the re regulation T of odthe t he atten attendance dauee of scholars and the P reparation preparation of school registers and returns and they are in no respect of such a nature that they cannot be well and efficiently performed by women the necessary conclusion is that there therb is nothing in tho the constitution of the commonwealth mon wealth to prevent a woman from being a member of a school commission and that the question proposed must be respectfully answered in the affirmative JOHN WELLS JAMES D COLT SETH AMES MARCUS MORTON WILLIAM C ENDI endl ENDICOTT CaTT 1 I 1 charnes CHARLES DEVENS jr J HORACE GRAY GRAW |