Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-03-31
WHY HE CANNOT PRACTICE.



Italian Lawyer Refused Admission to
the New York bar.
From the New York Times
The application of Lorenzo Giuseppe Mag
gio for admission to practice as an attorney
and counselor in this state was yesterday
denied by the appellate division of the SUI
papers showing that he was a naturalized
citizen of the United States. born in Italy.
and that for more than three years he was
an attorney of the higher courts In that
kingdom, practicing his profession at Pa
lermo. He presented proofs of his good
standing at the bar of that country. AMI
also Of his good character. In all these
matters his papers complied with the rules
authorizing the court in its discretion to
admit to practice those who had been at
torneys for a certain length of time in for
eign countries. In its decision the court
said per curiam: 1T has been for nearly a
quarter of century the endeavor to raise
the standard of learning required of per-
sons Who seek to practice the profession CT
the law IN this state. The ooject of this
effort has been not alone to elevate the
profession, but quite as much to assure to
all who have occasion TO consult lawyers
that the person who is authorized to hold
himself out as an attorney is competent TO
give advice. Indeed. the matter is, to the
grea: body of the community, the more inn
portant of the two objects. The require
ment that any one applying TO be admitted
as an attorney who has practiced his pro-
feSSion in a foreign country shall have
been at the bar of that country for GER
tain length of time is intended to operate
in the same direction. When the practi-
toner comes from a foreign stale whose
system OF law Is analogous to our own,
may fairly assume that after he has re-
sided here long enough to become eligible
In other respects to be admitted to our bar,
he has such acquaintance with our system
OF Jurisprudence and our laws as would
render him a safe counsel to those clients
who apply to him. But, as is well known,
our system differs greatly from the law
which Is administered in the country
whence this applicant comes. 1t is quite
true that as to all the rules of law which
are based upon the broad principles of nat
ural right and equity there can be no diff
ference between the laws of any two civil
lied communities; but the knowledge which
Is requisite to enable one safely to advise
his client requires not only a knowledge of
those broad principles OF law which are
common to all systems, but an intimate ac-
quaintance with the peculiar rules which
have grown out Of the customs of a par
ucuiar country, and which have been es-
tablished by the provisions of its statutes
Inc foundation of the law of Italy is the
civil code of the Roman empire altered by
the custom and statutes of the various
states now comprising that kingdom, and
again changed by the statutes of the king
eom ilseI ana Dy the construction of its
court. The Jurisprudence of this state.
based as 1t is upon the Constitution of the
United States and of the state, interpreted
according to the principles of the common
law, has in all those respects nothing COM
mon 10 the law of Italy, and one may be A
learned counselor i'm the laws of that cou,l-
try and still by no means be competent %
give intelligent advice to clients whose ar
Ia!rs are to be controlled by the system es-
tablished in the state of New York. We
think therefore. that 1t would not be a wis,
exercise Of the discretion that the law has
vested In us to assume that this gentleman
however learned he may be in the laws OF
MS own country, is fitted to assume the
position of attorney, to give advice TO cIi-
ems upon the laws of this state and there
fore the application must be denied