The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-02-06
MAJORITY OPINION.
Judge Berkshiro5 delivering the opin

VIM. a. darrlSou, OeAnS tAAS
MAJORITY OPINION.
Judge Berkshire, delivering the opin-
ion of the court, said:
II. It has been contended that the act
of February 10TH 1862, vacated license
to practice. do not see how It can; II
only prohibited an attorney from ap7
,1eaSifio, in t,tly cause until he has TAX
an and subscribed, q certain oath there
in specified1 and isubjected him to hne
IL he did appear without taking such
oath a 1t was adopted merely as 'aSWar
measure. 1t could, by no possible
means. work such a result as TO vacate
the license of an attorney. ZSt5o O. 1i'a's
An Attorney or Counsellor Is not an
officer of the Government, civil or mill
tarv nor is he such an officer as is CON
ten1tjlated BY the Constitution OF west
Virginia, or the Act OF November .4L6tn'
An Attorney has never been consider
ed a GovernmentalI officer, from the
Foundation of Virginia. to the present
time: It has been so long and SO clear
~ established as the sOpinion- OF every
one in this State that he was not spch
ian officer, that no one has presumed to
Question it since 1910. LII 09n.
SFhAI whole se of the oficerB Of
to the present time, shows that an At
torney is not an officer. For We're
members of the bars of United States
Courts officers, they would not be per-
mitted to practice in such Courts while
they held Seats in Congress. Yet since
the United States Courts have been esl
that IA Attbfney Gould both hold aseat
in Congress, and practice IN such
NSI5ss; Tss whole AeaslSIf6n 6flt6e baifad
States and the States of Virginia and
West Virginia show most conclusive,
and beyond al doubt, that an Attorney
h1S 4 IieyafIBeen Considered as a ''Persbn
elected or appointed 10 my otnce OF
trust, civil or military"
II Is. therefore, the opinion ofthe court
that thenmotion prevail, and Mr.. Fa ak
nat Be admitted 10 Practise Mt the bar OF
this Court.
Judge Brown delivered the following
! opinion: 95zItyf .alatft
| This is a motion to admit the Hon.
charles James Faulkner to qualify and
nractise as an AttorRey-at-Law in the
Court. upon his taking the oaths to sup
port The Constitution of the United
States. the Constitution OF this State,
and the oath of office as an AttoEney7atz
Law, without taking the oath prescri6-
al bysthe Respof5 November, 10th, ,lSP3y
icobnnto My ca1led the test oath.
L Having produced evidence satisfacto-
rv TO the Court that he was a licensed
attorney under the laws of, Rirgipia,
and n ptactf ftioner in the Confts OF that
JStste prior to the formation of the State
| Of West Virginia, and claiming TO be a
lbyal citizen of this State, resident IN
| the. .countyof Berkeley, which was ac-
| cepted as true by the assistant attorney
/ FOR the A ttoFney-G General IA
II Isl. That a Virginia license cannot
avail the applfiep9Ht f'9 in tie laws,e4 this
! . aH . g.. y
I'd 81! That il 1t could, yet he cannot be
| lawfully admitted to practise as an AT,
] torney@at=Eaw in this Court without
| first taking the oath prescribed by thf
last mentioned act for persons elected oil
| appointed to any office OF trust, civil ol
military which oath is commonly
'liis1 fnsS it6S tfrsf objection, the fortna
j .tiouo Of the State OF West Virginia with
! IN the territorial iuFisdietionE of tht
j State ofYirginia was q corp Gefdf, ar
1 e6mnliShed in. conformity with the laws
III fbe mother State. And our Constitu.
1 linn uroVideSi that the laws of the Ole
state. not IN conflict With the constitu'
/ fion. shall eontInue IN force In the new
tin altered or repealed sbylthe 1egisla
\ fnre- 80 ;. 1ys.gT \ Z s,..-,s,E ~
Il would be equally 50 in = West " lEglnl,a ~,
1 go far as those who were " y 4 =
i in the; ;bonndso the new State upon ~
9 srEamsazhi fE1nser this vieul6ft tie CASE, no resi-
4 denf attoFnsysWRs requiredto tprocur'
ba new license And nothing appear &
4 place Mr.. Faux nef on any dIreren
footines ffoui his bret theeh Of the green
1 haS-1I think, therefore, there tsiuoth
4 ing in the fifst OF leetlonsa +. fis.sl .dgts