Santa Barbara County Public Defender Office

Santa Barbara County
Public Defender Office

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Footnotes

 

1. The Shortridge family had also moved to San Jose, where Foltz's brother Charles later published and edited the San Jose Mercury newspaper.

2. She obtained a place in the offices of C. C. Stephens of San Jose. 1 The Bay Of San Francisco 670 (1892). Law schools were not to become major training grounds for lawyers until almost two decades later. At this time, would-be attorneys studied in the offices of those already admitted to practice until they themselves could pass the bar examinations.

3. At this time women had been practicing medicine in California for over twenty years; the California Board of Medical Examiners began issuing licenses to physicians under the Medical Practice of 1867.

4. Foltz, Struggles and Triumphs of a Woman Lawyer, New Am. Woman, Oct. 1916, at 11. According to the California Code of Civil Procedure in effect at that time, an attorney could be admitted to practice in all courts of the state by showing proof of good moral character and passing an oral examination in open court before the justices of the Supreme Court. An attorney could gain admission to practice before a particular district or county court by showing proof of good moral character and passing an oral exam in that court. Cal. Stat. 1861. ch. l, §§ 275-77 at 64 (repealed 1931).

5. Id. at 10. Foltz later wrote that the reason given her to justify excluding women from the college was that "The rustle of the ladies' garments would distract the attention of the young gentleman." Foltz "was hardly able to appreciate their argument as a legal proposition."

6. See Woman's Herald of Industry, Oct 1882, at 4, col. 4. In this advertisement, Foltz described herself as "Clara S. Foltz, Attorney and Counselor at Law... Probate and Divorce Matters a Specialty." The Rules of Professional Conduct, which forbid advertising by attorneys, were not adopted by the California Supreme Court until May 24, 1928, 46 years after this advertisement.

7. C. Gilb, 1 Notable American Women 643 (E. James ed. 1971). In recognition of her activity and expertise in the area of penal reform, Foltz was appointed to the California State Board of Charities and Corrections at the age of 60. She was the first woman to serve on the board, where she was active for two years.

8. Cal. Stat. 1893, ch. 153, § 1, at 183. The statute restricted parole to defendants who had had no prior felony convictions and who had not otherwise served time in a penal institution.

9. She campaigned across California for the Republican party in 1880, 1882, and 1884. In 1886, she supported a Democrat, Washington Bartlett, when his Republican opponent for governor, John F. Swift, expressed the opinion that a woman had no right to be a lawyer. Bartlett won, and he appointed Foltz to a State Normal School trusteeship, the only state office then open to women. With her active support, her brother Samuel M. Shortridge ran for the United States Senate, winning a seat which he occupied from 1921 to 1932.

10. Yet Foltz supported herself very well. Along with her legal practice, she developed extensive business interests. In 1905 she organized a women's department for the United Bank and Trust Company in San Francisco and began to publish a monthly magazine, Oil Fields and Furnaces, in the same city. She headed Foltz Oil Producers Syndicate from 1921 to 1922. This venture came to an end in August of 1922 when State Corporations Commissioner E. M. Daugherty suspended sales of shares in the corporation, for reasons he did not disclose. The San Francisco Examiner speculated that Foltz's venture may not have complied with the corporations commission regulation that 80 percent of money invested in oil drilling companies must be spent on development. S.F. Examiner, Aug. 12, 1922. Foltz also apparently operated a Los Angeles real estate agency, the American Woman's Little Farms Company. See New Am. Woman, June 1916, at back cover (advertisement).

 

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Last modified: December 06, 2006