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

doubtful loyalty, dr! not tender them the
oath, but allowed ts;um 20 continue the prac.
ticc as u,ual; however, upon the first ap;,.i.
cation made afterwards by IN attorney u
doubts! IayAi,y, had the oath rendered and
upJn lis rr:uSa! to take it. declined aiu:ttia.
him. Il was wroa. III the first iuStaEcc. i;
aay be question O: serious consideration t
themselves, for the members Of the bar now
practic!ns here without any evidence Of thc;l
having taken the oath anil 10 myself il
have erred, the law VIZ! comp:l III: to ac"apwi'
edge the error. and rs Tar Is practNcab'" I"
correct it. Nor shall feol hu:E:iateI IN
making the confession, bsrau>c ! aG:''t iflil'
with Judge koanc, that 1t is iD"re hon'ra''r.
as it is undoubtedly Eorr u>:'n'. I" rer'U'
than to H!herc to has.y or inr'rric. ofh,
ion.r | dc not, therefor. rs. myself honWs
by the uractir.. either in thc tourt OF APP
psais, or in this court
but to prn:cc.l. l. an Attorney at Law Il
D.,iL;. officer ? ~, IN ot.;rer -. trust!
will consider this question
|. In relation 70 the common law o:
ENGLAND, rs haI19.: down to Us By Coke, Ia
con AMI blackstone its greatest commentators
ALI! c&p"uadcrS.
Zach Of the two former elementary authors
define IAN ai,nrary 70 be one VIII" Is set in tho
place Of another, a:.,l h" is either p'bi", rs IN
attorney 1t lac. ~ g,i.'rh, rs bin" delegated
to act !or another iii private contracts or
agreements" !;%c. -. COX! sits. o..
Blackstone SAYS: Attorneys arc now
formed int" regular r"':". the; are ad'n't-
ted to In" execution: rt their oGi' hv the SIT
,r.ror courts nt Westminster Hall. and ar,
j., MI pninh,. 'u,'ir,r.' q: the respective courts
10 which they a:r admitted AMI they have
Ila,N privileges on a.'run. o! Their attendance
there, AMI y" they a.: peculiarly subject to
III" r:.nSrlr, AMI a,lilaoilcr>"n %! ihrJ '9i@r>'
Put thcsc ;wo definitions Together. ai"l they
max. not only ri mi ~, hut they make HIM
fl ,ulLr officer Til, WIS, and yet is. the
common law 81 Enyla;I,!, Is declared by her
thrc. most eminent ami celebrated Judges.
Il has ulycr been coutrovrrtcd. nor ever OH
j,c;c,l to. cxc,p, by Mr.. Leigh. in his cclrlra-
ted ar;un 81, an! ilow again hv the coVEso!
At bar.
'rlat !: is sorni common law doctrine,
rome think, will he 50 boil rs 10 dispute.
l:ut again:
Lori Bacon says |, hath been aljul-rd
that n.rminm"s lies. to restore one I" IN
attorney. h!acc il IN inferior court; hccaUi"
his is III oM> o"lDerniay q" p',hb' J"sf''. AMI
ne is comwlabl" 10 b. IN attorney Tor any
lam, and has \ freehold in his place" &
Hm... 5uu. l.; Amer. ed from i l."nd. cd.)
referring to Lev. Is. Sid. l322. Kr5. 5i9, the
e,l:tGr abs: $50 aljmlScl il Hunts case
Who was restored to an attorneys place OF the
Court OF Canterbury; and in one C"llI:S' case,
who was restored to M attorneys place Of tho
Liberty OF 81 Martins I.c"rand."
- stands the c"inlnon law. AMI 80 It was
imported in;" Tie Commonwealth Of Eirsnia
by oar ancestors, and WAS adopted by the
convention, in 1916, as part 81 the oil "rlgl-
nal ordinance or constitutions, substantially in
III" :pl!owinc form:
The common law o. England, 50 sar as it
Is not rcp,i:nant to the Constitution % the
State. shall continue in full force within the
SANG. and be the r,lc 81 decision. except in
tho>, respects wherein it is, or shall hc altered
by The gcIuraI assembly"
And il - al$o cn"rattcd in the Constitution
o! West Virginia in ALMOST cyac!ly the same
language.
1t was the law Of the mother State, and.
not hayin.: boon altered, is the law Of the
daushtcr-conStitu;ion law-havins the
same force and effect, rs ifthc words IAN st
torncy at law is q public officer" were inserted
in the body of the Constitution. and the
courts arc as much bound to observe it. 1t
may bc altered by the legislature, but until 80
altered it is 4 fundamental law.
H. shall now consider the question in
connection with various statutes rs found in
tho Code Of 1860, in relation TO the rights.
privileges and the powers and duties OF IN
Attorney at Law. for the purpose, in conncc-
ton with the prcccdin; REMARKS, Of ShowiN:
that an Attorney at Law ILLS every possible
rcQuiSiton Of Mr.. l.eiSl'S Neutrality-suspicious.
du;. and all.
lSt At his installation he mast take the
oath Of office in the following words:
"That he will honestly lcm"an himself u
the practice Of law. and to the best II! his
ability execute his Mi" @! Attorney ut Law"
Cole "C lS6u. page I'?, see. ,.
ii Iiil bc Observed that there arc two dis
snnt Aid separate clauses in the oath. &.
Frs. TO M"cEiy trm"an him>.Ir in the
practice Of the lac"
This obviously is applicable to his engage
mcnts with his clients AMI is intended TO I'M
pose on him IN obligation o. perhaps. \ pr;.
ratc nature, hctwrcn them am! himself. :nl
nlSQ to protect the tu;,rt against dishonest
r-aotiSos. II is Sr;rh an oath, and no more
or less rs might he property required n!a Nero
ugcnt; and fan attorney lac n";hinyaa"rr than
m agcn;.why add anyth:n: further 10 tn" oath?
The balance Of The oath. in that ease, w"ull
be S:,rplu<a.r. The legislature must have
regarded him rs something mnrr than an
acrns, or. it w"all not have bcc.:, guilty ufthr
iullv uf rG.lsiris.y hiu to take the additional
oath, 1t" execute. To- tln. best ~ his ability,
his ,yiir "E a,,"rn"v." Not his office q! ".;shI
ON: his "s!', q; "':.l,.Y
It is then his right and r7i, i'c.c To a,trn,,
the Court and hear aml witrr>< ali its pro-
cSed:n.>: AMI he thinks thu Court about to
commit any craNr error. or observes any IN
fair or sriu'!rcnt practices Oh the part o!
counsel or ether officers "f the court. which
might nh>tr',., III" d." COURSE Of iu>tic> il is
his r.3rh'%' and duty - ,rn.itr his friendly
advice: and his if2, i r"qn:rr~l. t" MD ;ltr
Court in the pr yrn,i"n OF the crrn. ~ il
furnishing the ;ra',l.
II is his n-:vilc:" ii ~, his cltv. - stand
1t The portals OF In. Temple ri i">,c. aud pro.
,rI; It rom Pollution.
Blu, to proceed; When ar in,iirtracn. j,
found against 4 person for f'ionr. and lie is
rn, upon his trial, he shall h. ciam~i c."m.I.
n he Nos :, liz, ~ ~.