Woman and the Forum.
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viduality of the sexes forbids it to one sex of be the especial care of women, and men's in terests be the especial care of men. the other. Seven years of active practice in the pro And so we find that litigation involving women's interests to-day wants the complete fession of the law has brought me to this justice which the advanced thought of the opinion, although I started upon my work time demands. Not only must women, for actuated solely by a desire to gain my liv the establishment of their complete rights, ing by the labor in which I delight. Grad be represented at the bar by those of legal ually, as the years have passed and I have knowledge, who are capable of viewing their become more familiar with our courts and the administration of justice, the opinion interests from the standpoint of perfect sym pathy, but they should be able to take their has been forced upon me that not only is rights and wrongs to courts capable of the there need of women lawyers, but of women same perfect understanding, and submit their in all parts of our judicial system. Now it is causes to juries of their fellow-women, — a mother asking for the custody of her to juries of their unquestioned peers. child, and that, too, in a State where the Perhaps among all the truths in Edward laws are so liberal that in case of separation Bellamy's wonderful book, " Looking Back of father and mother the mother is prima ward," the most important is the recognition facie entitled to its custody, and the burden of this need. He pictures to us a system in of proof is upon the father to show the which causes where both parties are women mother's unfitness. But the judge, admitting are tried before women judges, while those the mother's perfect competency, gives the where the litigants are a man and a wo custody of a little deaf and dumb girl of man are tried before judges of either sex. nine years to the father, because, as stated This is what we need now; and it is as well by him, " the father appears to love the child, adapted to our own time as to the year and I think would suffer very much in giving 2000, — at least, it is as well adapted as any it up." Again, when an unhappy wife and scheme for the advancement of women can mother wins relief from bonds not longer to be under our present industrial system. It be endured because of the fault of the hus may not be necessary that in every case band and father, and is given, as she should where women are litigants only women be, the custody of her children it is of al should be upon the bench and jury. It most universal practice for the judge, in might and probably would be better that dividing the property acquired during the both sexes be represented even then. There marriage, to give the wife often less, but cannot be as rounded, complete, harmonious never more, than one third of the estate. action in any department of life by men or From this third she must support and rear women alone as there can be by both. Hu her children and maintain herself, han manity is dual in its nature, and the mas dicapped as she is both by her sex and her culine and feminine qualities each gain guardianship of her little ones; while their additional strength and perfection through father, with none but himself to support, union with the other. Possibly, nay, I and better equipped by nature and socialwould say certainly, woman's judgment upon economic conditions for a struggle with the woman might well be tempered by that mercy world, is permitted to retain two thirds of toward women which is the proverbial qual the whole. The judge is familiar with the ity of man. But the knowledge each sex wants of men in the business world; he has of its own needs is, after all, the chief knows the need of the man for capital, and requisite in judge and jury; and if the quali he reasons : " If I take from him more than ties of both sexes are not to be brought into a third of his property he will be crippled, play, then by all means let women's interests and perhaps cannot keep his business stand 32
