New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-03
For The Tribune.


going wrous-Equnl Rights-an Important
yotc-Law Monopoly Co-tiy-The s1,329
Casc-What n Lawyer is-CnondaEa ana
D'''' ALaAxr. sept !, 1916.
Nr. Edttor. After dinner. Yesterday, the ques-
ZION came up FOR discussion whether the Convention
would agree place the Attorney Counselor and 90
Icor on the same platform with other men before the
law 50 tina; ay man might employ any other as his
Ta,s sgc,f 10 auy other Court The effect would haze
been tina, as the public do not comprehend and neTer
ca, bc made TO comprehend. the artificial system by
which Attorneys "lengthen simple justice into 5-aGe,
In, system would haze 70 be -lnplled.
regret 10 say that III this they failed 10 act manly
part Mr STRONG carried the object they had in view,
10 place in the Constitution provision which should
prevent the Legislature from doing what the ConveC-
ion mind 10 do freeing the legal profession from
its shack!es.
/ would wish 70 see such sections the following
placed in the Constitution:
- Every profession trade occupation or business
not hurtfu to the community sa! be equally open and free
the pursuit Of all the citizens Of ihs State, without
license. impeachment, or prohibition.
- The occupation OF practicBg lawyer IN the Courts
OF this STATE -taI be considered Judicial Office. but
every party IN any cause prosecution or sur may appeal
plead pursue or defend II person ~ aa citizen oil GOOD
character Any citizen may the advocate agen;
OF any other Citizen IN any Court OF Laand every party
IN any cause prosecution or SUIT may appear plead pur.
defend in his proper person. or by any citizen Of
good Character The occupation Of III Attorney or Coun
selor shall not be considered judicial othce
Yesterday, Mr.. STRONG Of Monroe proposed TO add 10
the words that the Judges shall exercise any power
OF appointment the following
Nor shall they prohibit any ctzent acting At
torney and Counselor except for want Of good moral
character
To which Mr.. Campbell ? White moved to add On
jest, supposc) and the ability 10 read and write
think Mr.. Strong's motion would have been car
ried-Mr. Croker, Mr.. Swackharner, Mr. Waterbury
and others strongly in It's favor Messrs Taylor
and Kingsley OF Onondaga County .aid not word,
though instructed TO support the principc-bu when
the monopoly was seemingly crushed, 10 my amaze
Mr. Strong withdrew his motion and substituted
the following
'Any male citizen OF the age of q years, Of good moral
character and who possesses the requisite qualifications Of
learning and ability shall be entitled admission prsc-
lice in all the Courts Of this State"
The effect OF this proposition, 10 make such law
ycrs the judges may appoint, these Judges being
themselves privileged attorneys the lcensers OF future
applicants 1t is placing the matter in worse condition
than it Is in Al present the Constitution is silent.
The law be liberalized by the Legislature. Mr..
Strong has given the legal monOposts the power say
who aud who nj to open their mouths in the
Courts. and engraited that power the Constitution
IN the teeth OF his own recorded principles which were
these:
Mr.. Strong offered the following last June which
adopted
Reso-ed-That the Committee on Rights and Privileges
be Instructed inquire the expectancy OF reserving
10 the people their duruDt right OF freely choosing their
all OF law, with the Ike
freedom from Stale interference that they enjoy in Tie
selection OF h. spiritual advisers. aud OF their gslaors
usage by OF which close aud galnful monopoly Of
the legal practice has hitherto been secured to well!
organized order of licensed advocates and solicitors
the exclusion Of the rest OF the community speedily
cease.
Now he advocates State interference" and obtains
the passage OF Constitutional order that none snail
dare to open their lips in Court o! law till Commit
rec OF privileged attorneys shall certify to their legal
learning must be acquainted with all the quifks and
bubbles all the discrcdabc plcadngs, hctons and
sions of tho trade before dare open my mouth the
advocate OF my fellow man. before jury CT plain men
and the examiners have much interest 10 keep my
mouth shut as the keepers or licensed weghcrs
and mcasurers city have to keep popular per-
out their respective trades,
The votes against Mr.. Srong's motion Were
Messrs. Brundage, Cuddeback, Dana, Greene Loomis.
Mcneil Miller Nicholas oCouor Il thought he said aye,
but the journal has II Patterson Rker Sanford, Shaw.
Taggar Tamadge, Wood, A. Wright, and loungs-lS:
The votes for his secton-that is for continuing the
law monopoly and preventing the Legislature from Rbol
ishing it-wcrc by
Mcssrs. Angel Archer. IL. +. Bsckus, Bascom, Bray.
nell Crookcr Dodd Dorlon, Dubois Flanders, Graham,
Harris Harrison Hawley, Hoffman, IIorchkss, A. Hunt
Marvin Maxwell, Morris, Murphy. Neis Nicoll Parish,
Penninan, Powers, Rhoades, Richmond Rugges, Sails
Strong SwackhRmer TAFT j. J. Taylor, W. TAYLOR, Til
den Waterbury. White, Willard Worien, W. b. Wright,
Young-6O.
The following delegates DID NOT VOTE
Messrs Allen, Ayraut Baker, Bergen, Bouck Bowdish,
Bull. Cambrceng. D. Campbell, Candec Chamberlain,
Chaifcld Clark, Clyde Danforh, Forsyth Gardner Gcb
hard Hart Hunt, Hunter, 4. Huntington. hyde Jordan,
kembc, Kennedy Herman, McNit, Munro, Nelson, Per-
kins Porter. President Tracy. Russell, s. John Sears.
Sheldon, Shepard, Simmons, Smith, +. Spencer, Stow,
Townsend, Tuil. Nache, Van Schoonhoven, Ward, War
rem Wilbcck and Yawger-51.
The importance oihe question-its vast consequences
to societyhe characters and principles OF the Delegates
and the interest which the millions take in the
al OF this odous taxing monopoly constitute my apology
for the above careful detail compared the votes with
the Convention journal Some OF the Is noes but very
few, favorable abolish the monopoly The effect
of is TO the State several millions of dollars yearly
strict monopoly always burthcn Society Here
is example:
MIR. Kirkland OF Oneida mentioned in his interesting
speech recently the OF Mrs Williams. who having
had difficulties with her husband sued for separate
maintenance, or divorce and declared Thar Tue
CAUSE COULD HAVE BEEN DISPOSED OF BY AN INrELLI
GENT JUDGE AND jury IN TWO TO FIVE DAYS AND AT A
TRIrLISG EXPENSE.
gentleman ct Vernon Oneida Co received from
Joseph : Wilkins, Esq, the defendant, resident III
that town and transmitted 10 for publication, the
bill of cost which. there a decree against him.
by him 10 be paid as follows
Kirkland Bacon. counsel plaintiff, S,1si
Defendant for counsel fees 10 Fand 5UO
Do. for Solicitor, TO J. w. Jenkins ...... 800
Do. for additional counsel, kiuny, .,....,. SIS
Do. for Witnesses fees Observation-Disclosures. l50
Do. for Examiner in ChanceTy this shsre) 500
Toal............ ....................SiSi
OF the first item Mr. Bacon says they paid $500 20 Mr..
- Examiner in Chanccry, and 500 10 u lawyer in
~. NJ -. - 81