The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-02-01
Superior Court.

JAs so-I the matter Of A. vho applsss for adais.
sion to prsess as attorney in The Superior Court
made by Mr.. Duer, that Mr. a; b. be admitted to
prsctise as an attorney oil tbs court stating
sng that he had not served such term OF clerkshp
vouT ens him to admission under the rules Of the SUI
preme Court and founding his claim 20 admission on the
eighth section Of the seventh seis o. ins e
tw epty. one years, Of good moral character, and
who possesses the requisite quoiihcsuons oi learn.
nrsc,se in sli the Courts of this State" The
ysed statutes, vol 99) provides that councillors
solicitors, and attorneys shall he appointed and IL
censad to practise by the several courts Of law and
equity in which they intend to praIse ana tina. the
undsr and attorneys shall be appointed
and licensed in that court Under this statutory drec'
the supreme court nave % ao enomin. prSs W
an attorney unless he shall nave served regular
clerkship of seven years IN inc once Oh Pracusng
studies for four years. or any shorter period al
ter the ago of fourteen may be allowed 10 lieu oil an
rule poyiied that attorneys and csunseliors OF the su
court may admitted to practise as such; the
superior court upon taking the oahs OF office, and
Shining liz roll and as to who have not been area
DIV licensed tho supreme court the rule oil TINS court
requires the same term 81 ~ mnd SD
the new constitution, as establishing title to- or quail
fcation for admission other than that which si,
There Surely can be no doubt as to the intention OF
the trainers Of the constitution when they Incorporated
IN the above recited provision Their object mani
es y was remove in great degree, the impediments
10 the admission 10 the bar which then existed This
was the view taken of it, alike by the friends and the
when afterwards adopted by the Convention The &C.
neral popular expression. whether predicting good or
design was and that its effect wolld be- to facilitate i'd
mission to the bar and that changed tho condition OF
admission from years cerkship in an attorneys
ofce to that of actual qualification of requisite learning
and ability no matter how eXpeditiousy acquired The
in the language Of the paramount Law ." am Of the
ago of twenty years of good moral character and
possessed of the requisite qualification OF learning and
ability for admission attorney OF your court. !
claim an admission to practice therein" Can we
answer him by saying that we will not adudicate upon
equse unless he bring evidence that he has served
seven years clerkshp in lawyers office Such IN an
swer would my mind, be palpabe violation of both
the Letter and spirit the constitution. 1t would be
acting qualification, criterion OF title, other than
business and duty Of still to enquire whether the
particular applicant for admission possesses the qushca
TONS prescribed by the constitution This may be done
by ordering examination of the candidate to be made
by of the attorneys and councillors of the court
by Of its judges, or in open court IT, upon such
animation (Which should always be Thoroughly it shall up
pear that possesses tho qualifications demanded by the
constitution is not the business Of the court to inquire
whether ho acquired them in seven years three years
qualifications OF each applicant but not TO superadd con-
dilions qualifications to those with which tho con-
suggested, that attorneys and councillors OF
courts are "public" officers, Legislative interposi
ton s necessary carry the above provision OF the
constitution into effect according to its spirit and letter
From this view | entirely dissent. The constitution
provides that the justices OF the supreme Court ana the
appointment to public oce and it has, therefore, been
suggested that the Legislature must prescribe the man
which attorneys to BIZ licensed permitted to
practise and the mode in which is to be ascerained
whether they possess the requisite qualifications pre-
scribed by the constitution Counsellols and attorney
arc not "public officers" within the sense and mean
ing Of the constitution, prohibiting certain courts from
pus ss
Torrance of his duties. The public have no right to
compel attorney to bring defend suit After he ia
licensed to PRACTISE he may accept or reject fee or suit
at his option and the public cannot control him Not
with public officers" in the sense of the constitu
rogstes and clerks Of courts for the performance
their duties They public officers 1t is very OBJ
prohibit courts from appointing their clers-a
which many good men regard as extremely
Again: The power Of appointing to public office
implies the power Of preferring one candidate and reject
excludes another This right OF choice preference
In The exercise Of this right our higher courts have
heretofore appointed their clerks and registers But in
licensing attorneys ceuDseliors and solicitors have
appointed to public office, in the ordinary and
popular understanding OF the term. In constituting
constituon-ths immediate emanatons of the popular
Wilt is certainly fit to inquire into the popular mean
ing OF words employed in it. In contemplating public
officer the popular mind would surely rest objects
other than mere lawyers. No could suppose, thai
physicians public officers In the eye OF the Law
the constitution Yet, the revised statutes required
four years with practising physician lawyer before
they could be licensed to practise and that they cout
not from the Regents Of the University tht
degree Of Doctor Of Medicine, unless they shoult
have attended two complete courses OF lecturei
in medical college. Our revised estatues als'
rendered physicians amenable to medical societie
for professional misconduct Attorneys and coun
sellers are responsible 10 the courts that license
them. No supposed, that medical societie
or the Regents OF the University, in Licensing, o.
comforting degrees appointed to public Office Those
licensed by medical societies always, regarded as
members of profession Of their choice SO, at
torneys and counseors have generally, been esteemed
officers of the court which licensed them, las contra
distinguished from officers of the publc,) and mem
bers of q calling profession OF their OWE choice
II u.s. therefore, clear to my mind that Legislative inter
position not ndispsnsaby necessary to carry out the
provision Of the constitution relating to attorneys and
counseors that courts must Judge OF the title Of every
applicant for admission that may present himself and
if satisfied that he Of the age Of weny-one years
moral character and that he possesses the requisite
qualifications of learning and ability they bound &c
admit him, without reference to the qualifications re
auired before the new constitution went into effect