The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-31
DECISION AGAINST EGAN.

After George w. Egan was disbar-
red by the supreme court of this
state as a p~racticing attorney the
question arose whether he would be
qualified to hold the position of
states attorney for Minnehaha coun-
ty. He was elected at the recent
election to the position, and he de-
clared his intention to hold the posi-
ton, as he came within the quail
fcations Of a states attorney to be
Learned in the law. Shortly after
the election and Mr.. Egan's declara-
ton to assume the duties OF the
office, an action was started against
him by the bar association of Mime
haha county to prevent him from as
Stunning the duties of the Office. The
case was heard by Judge Jones. and
Saturday the court rendered its de-
cision in the case.
Judge Jones quoted a decision rem
dered by the supreme court on a
case something similar, but not
wholly SO. The following is a .por-
ton of Judge Jones opinion with
reference to the educational qualifi-
cations attributed to the states at
torney:
81 take the conclusion of the sup
rene court in the above opinion to
H.. xho< Tho r1rocn s1oo t.nn1 in tho
law as used in the constitution is
practically equivalent to attorney at
law. That a judge or states attor-
ney must at the time of his election
be q lawyer duly licensed to practice
law in this state, or entitled to such
license On mere application, by rea-
son of holding a similar license from
a sister state. By the statute then in
force, Chapter 81 Session laws 1893,
a lawyer having a certificate of ad-
mission to practice law issued by
the supreme court Of any other
state was entitled to admission here
on that alone, supported by a GER
tifcate of good moral character
from a court Of record of this state.
A disbarred attorney stands on no
such favorable ground. He is not en-
titled to license on application. His
right to be an attorney at law has
been definitely decided against him
by the tribunal invested with hat
authority, and whether or not he
will again be licensed to practice
law will depend upon the judgment
of that tribunal upon subsequent
facts, should they be presented to it.
The educational qualification pre-
scribed by the constitution for a
states attorney and for a Judge of
the supreme court being identical,
namely learned in the law, if a dis
barred attorney with the judgment
striking his name from the roll of
attorneys and %canceling his license
REMAINING in full force and effect is
eligible to the Office of states attor-
ney, he is also eligible to the Office
of judge of the supreme court. The
rejecting mind is disposed to con-
template the end, if it is evident, to
which a proposition leads before
adopting it,"
In his conclusion Judge Jones or
dered that judgment be entered that
Egan was at the time Of his election
and is yet disqualified to and ineli-
gible to hold the Office of states at
%torney. Doubtless this decision will
raise a storm Of protest among Egg
ans friends in Sioux Falls, alleging
that he is being prosecuted but that
gentleman has been given every OPP
portunity to prove his side of the
case and has failed. Egan will have
more time to devote to his newspa-
per enterprise, which he is to start
next week.