The West Virginia Equal Suffrage Association has repeatedly called attention to the fact that when the vote is extended to women in this state they will not be required to serve on juries. Such service is prohibited by both the statute law and the constitution. The constitutional prohibition extends to jurors in trails for crimes and misdemeanors, while the statutory inhibition covers jurors in all cases.

In order that this matter may be made perfectly clear to the voters, and that an authoritative statement of the constitution and of the statutory law may be presented to the people of West Virginia, an opinion was asked of Judge Frank Cox, of Morgantown, former judge of the State Court of Appeals. To this request Judge Cox has kindly replied as follows:

“Mrs. Lenna Lowe Yost,
“President W. Va. Equal Suffrage Association.

“Dear Madam:

“You asked me to state the law to you relative to the matter of service on juries by women in the event the equal suffrage amendment carries in West Virginia. The West Virginia constitution, Article III, Section 14, provides:

“ ‘Trials of crimes and misdemeanors, unless herein otherwise provided, shall be by a jury of twelve MEN, public, without unreasonable delay, and in the county where the alleged offense was committed, unless upon petition of the accused, and for good cause shown, it is removed to some other county.’

“The statues, Section 480, Hogg’s Annotated Code, 1913, provides:

“ ‘All persons who are twenty-one years of age and not over sixty, and who are citizens of this State, shall be liable to serve as jurors, except as hereinafter provided.’

Section 4641 makes certain exemptions from jury service by men occupying certain avocations.

“Therefore, you will see that in all trails of crimes and misdemeanors women could not serve as jurors unless the constitution should be amended to so provide. In other cases women could not serve as jurors unless the statute were changed so as to include women.

“It is, therefore, true that as the law now stands there could be no jury service by women in West Virginia even if equal suffrage becomes a law.

“Very respectfully,

(Signed) “FRANK COX.”

In this connection it may be said the exemptions from jury service now granted to men are founded upon some other equally as important duty to the State which is being performed by the ones thus exempted. If it is deemed wise also to exempt woman from like service after they obtain the vote it will be for like reason.

However, when the ballot is extended to women, if the majority of the voters wish that they shall assume the duty of jurors, the women of West Virginia will accept the duty and cheerfully and well perform the service.