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<title level="m" type="main">Murphy, Emily Ferguson (1868-1933)</title>
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<author>Frances W. Kaye</author>
<editor>David J. Wishart</editor>
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<name>Nicholas Swiercek</name>
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<authority>Encyclopedia of the Great Plains</authority>
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<addrLine>319 Love Library</addrLine>
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<p>Copyright &#169; 2011 by University of Nebraska&#8211;Lincoln, all rights reserved. Redistribution or republication in any medium, except as allowed under the Fair Use provisions of U.S. copyright law, requires express written consent from the editors and advance notification of the publisher, the University of Nebraska&#8211;Lincoln.</p>
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<bibl><author n="Kaye, Frances W.">Frances W. Kaye</author>. <title level="a">"Murphy, Emily Ferguson (1868-1933)."</title> In <editor n="Wishart, David J.">David J. Wishart</editor>, ed. <title level="m">Encyclopedia of the Great Plains</title>. <pubPlace>Lincoln</pubPlace>: <publisher>University of Nebraska Press</publisher>, <date value="2004">2004</date>. <biblScope type="pages">333</biblScope>.</bibl>
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<div1>
<head type="main">MURPHY, EMILY FERGUSON (1868-1933)</head>

<p>Emily Murphy was the first woman police
magistrate in Canada (and probably in the
British Empire), a noted suffragist who led in
bringing the "Persons Case," an indefatigable
worker for the rights of women, and a popular
writer both under her maiden name, Emily
Ferguson, and the pen name "Janey Canuck."</p>

<p>Emily Ferguson was born on March 14,
1868, to a prominent Protestant Irish family
in Crookston, Ontario, and educated at the
Bishop Strachan School in Toronto. In 1887
she married the Reverend Arthur Murphy.
They were the parents of four daughters, two
of whom died in childhood. When her husband
was transferred to Winnipeg, Manitoba,
she became the literary editor of a local paper.
She published her first book, <title level="m">Janey Canuck Abroad</title>, in 1902. In 1907, after three years on a
homestead near Swan River, Manitoba, the
family moved to Edmonton, Alberta, where
Murphy lived for the rest of her life. Her second
book, <title level="m">Janey Canuck in the West</title> (1910),
describes some Swan River experiences and
expresses her delight with the freedom of
Great Plains spaces and people.</p>

<p>From 1910 to 1916 Murphy was one of the
most effective workers for suffrage and women's
rights in the province, forcing the passage
of the Alberta Dower Act in 1911. In April 1916
Alberta became the second province to enfranchise
women, and two months later Murphy
was appointed police magistrate. Almost
immediately a lawyer questioned her eligibility
on the ground that a woman was not a
"person" in the legal meaning of the word and
hence could not serve as a court officer. The
Alberta courts upheld a woman's right to
serve in 1917. As a police magistrate, Murphy
dealt primarily with women and children as
both victims and offenders. The twin problems
of prostitution and drug addiction particularly
gripped her. She organized her
friends and social contacts to provide jobs and
other support for women trying to leave the
street, and in 1922 she published <title level="m">The Black Candle</title>, considered to be the first comprehensive
book on drug addiction in North America.
Like many social reformers of her day,
including her close friend Nellie McClung, she
advocated birth control and sterilization for
"defective" persons. She also advocated for
women's right to work and for adequate
health care for everyone.</p>

<p>In 1921 Murphy was nominated for the Senate,
the appointive upper house of Canada's parliament,
but Prime Minister Arthur Meighen
refused to appoint her, citing the familiar argument
that as a woman, she was not a person
under the meaning of the British North American
Act, Canada's enabling legislation. With
four other leading Prairie suffragists, Murphy
petitioned for an interpretation of the act, and
finally, on October 18, 1929, the British Privy
Council ruled that all women in the British
Empire were "persons." Much to Murphy's
disappointment, however, she never did become
a senator. Party politics decreed that
Cairine Wilson would be the only woman appointed
to the Senate before Murphy's sudden
death in Edmonton on October 26, 1933.</p>

<closer>
<signed>Frances W. Kaye<lb/>
University of Nebraska-Lincoln</signed>
</closer>
</div1>

<div1>
<bibl>Cleverdon, Catherine L. <title level="m">The Woman Suffrage Movement in Canada</title>. Toronto: University of Toronto Press, 1974.</bibl>
<bibl>Ferguson (Murphy), Emily. <title level="m">Janey Canuck in the West</title>.
Toronto: McClelland and Stewart Ltd., 1975.</bibl> <bibl>James, Donna.
<title level="m">Emily Murphy</title>. Don Mills, Ontario: Fitzhenry and
Whiteside, 1977.</bibl>
</div1>

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