Year: 1867

Knoxville. Tenn. sept. Term. 1850
THOMAS F. CHAMPION VS.. THE STATE OF


TENNESSEE.


This Is an appeal from the decision o
the Circuit Judge, holding the court for
Anderson, in refusing 10 let the plaintiff in
error appear as a prdcticing attorney in
hai court. On the 18th of November,
1866, the Judge assigned 10 hold the Cir
ciit Court Of anderson county, during the
,ssion OF The court, made an order Of
record, a. the attorneys practicing in that
court should take and subscribe the follow
ing oath before they would be permitted
to practice, tO-wii: ] DO solemnly swear
that will support the constitution Of the
United States; also the constitution Of the
State Of Tennessee. / do further swear
that viii support the amendments and
schedule adopted by the people Of Tenncs-
see on the 22d of February, 1865, and all
laws enacted by the Legislature under the
constitutional amendments and schedule
until declared void by the Supreme Court
Of the State, and that ] will well and truly
demean myself as an attorney Of this
court" During the session Of the court
the plaintiff in error, as an attorney Of the
court, was prohibited from appearing In
the court unless he would take the oath
prescribed.


A motion was made by the plaintiff IN
error, 20 appear as an attorney. On the
trial il was admitted the name Of the
plaintiff in error was enrolled on the re-
cords as an attorney of the court, that he
was regularly licensed as an attorney &C
cording 10 the laws Of the State. Al the
September term, 1866, Of the Supreme
Court Of the STATE, at Knoxyille, he was
seenlafly admifted as apracticiag attorney
Of that court that he had at that term of
the court taken the oath required by law
for attorneys.


Upon argument, bis Honor, the Circuit
Judge, overruled the motion and refused 10
let the plaintiff appear as an attorney in
the court unless he would take the oath
prescribed in the order From overruling
plaintiffs application, be has appealed 10
This court.


The only question presented for our con-
sideradon IS, bad the Criminal Judge hold
ing the court the right 10 prescribe any
other oath than that fixed BY the lGw for
the admission Of attorneys practicing in
the courts


The Legislature has provided by law for
the admission Of attorneys TO practice law
in the several courts of the State. Section
1865 Of the Code provides, 'no person shall
parctice as an attorney OF counsel in any of
the courts OF this State without license
obtained for that purpose, and without
having taken an oath in an open court to
support the constitution of the State and
the United States, and TO truly and
honestly demean himself in the practice of
his profession to the best Of his skill and
ability" Section 1856 provides, 'the APP
plicant TO practice law in this State shall
procure the certificate from the County
Court that he is twenty-one years OF age !;
that he is a man Of good reputation" Sec
ton 1867 provides, "any two Judges or
ChanCeilors of this State may examine the
applicant touching his legal requirements,
and that lac is Of good character, and may
grant him license 10 practice law in the
several counties Of this State"


Ii appears from the records Of the court,
the plaintiff in error had been admitted as
a practicing lawyer in that court, and that
he was a regular licensed attorney Of this
State, and having taken the oath required
by law as prescribed by section 1865, and
was enrolled as an attorney, the Judge
holding the court had no right to impose
other conditions than those embraced in
section 1850


The oath prescribed by the Judge was
unauthorized by law, and his refusal to let
plaintiff in error appear as an attorney in
court, unless he complied with the orders
Of the court was equivalent tc striking his
name from the list Of attorneys, and in 30
ruling, his Honor erred, from which order
Of the court, the plaintiff in error had the
right Of appeal. Section 1856 of the Code,
having prescribed the terms upon which
licensed attorneys shall appear and practice
Ia the several courts Of this State, no court
has the right 20 afix other conditions than
those imposed by law.


We are, therefore, Of opinion that his
Honor erred in refusing to let the plaintiff
in error appear a. an attorney Of this court.


The Judgment Of the court will be re-
versed, and the plaintiff in error be admit
ted as a practicing attorney of the court.


SHACKELFoRD, Judge.


A true copy. Test:


NJ. L. PATTERSON, Clerk.