WOMEN AS FOREST GUARDS loi) 



We believe that from the legal pont of view these decisions should be sus- 

 tained and that they vv^ill serve as a precedent for any future legal action. Noth- 

 ing in fact, either in Art. 117, C. for. or in the law of 1892, prevents the duties 

 of a forest guard from being performed by a person of the female sex and no 

 reason of inherent incapacity to serve may be brought up in this respect. How- 

 ever, it should be noted that as far as administrative authority is concerned the 

 prefect or sous-prefect exercises a discretionary power, and that consequently 

 he could refuse this authority for reasons of expediency or simple fitness. Such 

 a refusal would not be subject to litigious action for exceeding his authority but 

 to a simple complaint to the proper minister, of higher authority than the pre- 

 fect, in this case to the Minister of Agriculture. On the other hand if the 

 court refused to admit the oath after the approval of the prefect or the sous- 

 prefect, the reasons for its decision could be made the subject of a litigious 

 action, under the form of an appeal, just as is the case with all judicial de- 

 cisions." 



