The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-15

! assign him. and from al officers, all ncedtul
services ami plocesS, w.;h"n. fees 10 them
; therefor, except what muy tc INCLUDED IN the
! COST recovered from the opposite party.
! No discretion is allowed the attorney; II
assigned by the court he must perform inc
Luiy--mnt II private but pubic duty, Gnu
hraccd within the terms OF his oath 0! ONCE
! So mnclr rs &C III. !u:i,:, public and Eri'ats:
! \ Jew words ~ TO his powers, cohtorFSu "
posi,iy. statutes. and shall conclude:
! Err; A,curlvr to Chancellor Tucker, he
! has the ri-h, and pewer 10 enter the Clerk
omc. ami demand to see und Inspect the pub
! y. r..,r,l, and pnpcrs in the office, without
f.e ~. reward, which is IN exclusive righ,and
power. c,.
pen, to compel the Clerk to issue process: md.
no, " euu:ncra,e several other exclusive
puwers, it will be sufficient, in the third aud
las: place, TO observe, that he possesses IN
exclusive right ami power 10 compel any Judge
Of the Court Of Appeals, or the whole Court,
when in session, to review my decision IN tins
and in almos; every other caSe--a p2~er NOT
Do>.csscd by any other officer, not even By the
Governor or tI,cE Magistrate O: The State.
An Attorney IS int,uc:cl into office with ~
much so!c,nni,y and legal formnlity rs the
President OF the United States. lie mny re-
sign his office; or for improper or immoral
con.luc, ma, DC cusie'l II no. an officer, how
can he IL oGs;ed ar turned o"t Of office?
TO Kim is entrusted the money and the
rights OF his clients. the life Of the prisoner,
anil the causes oE the pnupcr anu the hondmnn.
E,clu.i.e ri9i.:s, privileges, ;rGsts, power:
and u reciprocal obligation Of corresponding
Lu,ics. Here is every uGredien,--crcry at
tribute Of q .public officer Of trust; aud 1t
fills to Overlooking the measure or definition
Of L r,;hHr c1iccr, rs gives ~ NJ. Leigh, IN
his celebrated argument, adopted by beth the
counsel III tie anplican! Gu the present occa-
sion. That where one man has t" do with
auo:h.r mans affairs against his will, and
without III, leave, ,ha, is IN office, AMI he whu
is in /; an officer; and that to every pHd!ic
omt> belong duties 10 which The officer .,a'Y is
comLclent, and to which he is compcllable.
cauno, cxclaim, with one Of the counsel,
rneI Cr1! ,i.lnomSirUhlEm! bu; | must, however,
DC permitted to say, that ii an attorney is not
II public officer ot trust, then have no just
couceuii.n OF wha, constitutes IN u.Ecr:. All
insignia all the attributes ot m officer cluster
around Tie brow Of az attorney At law. am
therefore OF opinion
FE.., That Vim y. Quarricr, having failed
to take the oath prescribed by an ordinance
Tor the reorganization Of tho Government Of;
Virginia. rs required by the act Of 10Th Feb.
ruarv, lS';!, has, by virtue CT :ha; act, and OF
the declaration and ordinances Of the Conven.
lion Of June ,lth, ISL, rHrHi," his office Of
Attorney at Law; and that his license to.
practice law, III the State of Virginia, is, by
reason thereof, rcScinlcd and annu!lcl.
Second, Tha, il his office au'l license are not
vacated aud annullcd, yet that his conduc, rs
confessed by himself in open Court. l. c. hav.
ing voluntarily hGruc arms asai not the United
States from the Suuimirr of ISL TO the Spring
OF 1850. has rendered him m unfit person to
practice law q, the bar Of this Court: and,
Third. Tina, al Attorney NJ Law is an officer
Of trust, within the purriew and meaning Of
the nc, OF Nov. 18th. 1868, and therefore can
only he admitted to practice law upon taking
the oath therein prescribed.
Therefore the mo,ion Of the said William y.
Quarrier, TO be admitted TO practice rs an
Attorney ut Law, NJ the Bar OF this Court, is
oycrrucd.
DANIEL. pOLSl.EY.