Daily capital journal. (Salem, Oregon) 1903-1919, 1916-11-08


Houston, Texas, Oct. 15.-To the
Editor of the Capital Journal; As a
student of social justice / am interest
ed in knowing if it is right and proper
for the supreme court of a sovereign
state to extend heavy examination
fee from a young man who seeks ad-
mission to the bar upon examination,
then hold an examination and official
ly admit through written evidence that
the young man passed the bar examina-
tion, yet refuse to grant him license,
and also refuse to return his examina-
tion fee.
am only seekingsenlightenment.
am cropping in the dark for that which
is right. Can supreme court judges
permit this practice and still hold the
sacred confidence OF. the people9
Perhaps the applicant for admission
who paid his fee and passed the bar
examination was obscure and of little
influence. Would this alter the un-
yielding law of right! Should this fact
be sufficient to deny him his birth
right of justice! Should not justice be
accorded to the weak us well as the
strong! Is any system of justice that
falls short OF this ideal worthy of the
name?
1t is not my purpose to champion the
cause Oh this particular young man. l
desire rather to call attention to gem
eral principle. Is it right! If it is right,
then let every struggling young man
who applies to the private committee of
la ba
stand that if this committee desires to
throw him down and keep his money,
that is their privilege, as well as their
authority. If the young man is told to
try again, and is thrown down again
and again, let him understand that he
has no body or tribunal to which he
may appeal except that sense of justice
that lies in the hearts of the people
and which is the source of all law and
the authority of all courts.
Let me be specific. A certain young
man took the bar examination in Ore
gon in May, 1915. The examination was
conducted by Il committee of lawyers
who had been chosen for that purpose
by the supreme court. On the opening
day of this examination the young man
was writing answers to questions in
grammar and composition when one of
the examining committee came to his
desk and took all papers and answers
from him, because it was the noon hour.
The young man was suffering from an
attack of acute Indigestion. (This, of
course, will evoke smile of incredulity
from any crooked lawyer. Grammar
and geography the young man did not
complete, but supposed that he would
be allowed to complete them in the aft
ernoon. Having completed all other af-
ternoon examinations he asked to be al
lowed to answer the questions he could
not reach while in the grip of pain. The
privilege of answering these questions
was denied him, although he had several
hours of idle time on his hands and the
examination was still in progress. He
was assured, however, that his failure
to submit answers to questions in gram
mar and geography would not be held
against him, under the circumstances, in
grading his papers. He passed the law
examination and made passing grades in
every academic branch in which he was
examined. But the committee of law
yers refused to certify his name to the
supreme court for license because he
submitted no answers to the questions
he was refused permission to answer.
The chairman of this committee wrote
the young man letter in which he used
this language: 81 find that you passed
the bar examination satisfactorily -
Still the young man was not granted a
certificate, and the clerk of the supreme
court has definitely refused to return