ol district office in
any union free school district unless he or she is a qualified
voter in such district and is able to read and write," permits
women to hold office as members of the board of education and
other district offices.
Aside from Chapter 214 of the Laws of 1892, which has been held
to be unconstitutional, I know of no provision of law extending
school suffrage to women in _cities_, except that charters of
certain third class cities have extended to women tax-payers the
right to vote upon a proposition involving the raising of a tax.
By the Public Officers' Law, Chap. 681 of the Laws of 1892,
Section 3, it is provided that "No person shall be capable of
holding a civil office who shall not, at the time he shall be
chosen thereto, be of full age, a citizen of the United States,
and resident of the State, and, if it be a local office, a
resident of the political subdivision or municipal corporation of
the State for which he shall be chosen, or within which the
electors electing him reside, or within which his official
functions are required to be exercised."
In the case of Findlay against Thorn, in the City Court of New
York, where the question arose as to the right of a woman to
exercise the office of notary public, Chief Justice McAdam
refused to pass upon the question, holding that the right could
be decided only in a direct proceeding brought for the purpose by
the Attorney-General, in which the notary might defend her title.
And the court adds:
"Whether a female is capable of holding a public office has never
been decided by the courts of this State and it is a question
about which legal minds may well differ. The Constitution
regulates the right of suffrage and limits it to 'male' citizens.
Disabilities are not favored and are seldom extended by
implication, from which it may be argued that if it required the
insertion of the term 'male' to exclude female citizens of lawful
age from the right of suffrage, a similar limitation would be
required to disqualify them from holding office. Citizenship is a
condition or status and has no relation to age or sex. It may be
contended that it was left to the good sense of the Executive and
to the electors to determine whether or not they would elect
females to office a
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