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interesting are at hand, and the difficulty is to make a selection; but it will be noticed that Mr. Fox speaks from intimate experience.
BOSTON, MASS., August 23, 1897. DEAR SIR: The attorney-general has referred to me, probably because of my experience as bar examiner, your letter of August 12, making certain inquiries concerning admission to the bar in this State, and I take pleasure in answering your questions in their order.
1. Application for admission to the bar is made by petition to the supremo judicial court or to the superior court. The applicant embodies in his petition the statutory requirements, i. e., that he is a citizen of this Commonwealth, or an alien who has made primary declaration of his intention to become a citizen of the United States, and that he is of the age of 21 years, and prays that he may be admitted to practice as an attorney if found to be qualitied. By rule of court the petition for admission must be accompanied by the recommendation of a member of the bar, and the clerk with whom the petition is filed gives public notice of the petition by advertisement in the papers. The petition is then referred to the bar examiners, who hold, as a rule, two examinations in each county in each year.
2. As to the cffect of a diploma: All candidates, whether graduates of a lawschool or not, are required to pass an examination. As a matter of practice the examiners are accustomed to ask the preliminary question whether the applicant is a graduate of any law school, and that fact is treated by them as of some ght. That it is not of controlling weight is shown by the fact that quite a number of law. school graduates are rejected at every examination.
3. I can not say that knowledge of the civil law would be regarded as of any weight with the examiners. I am quite sure that no questions of civil law, except as incorporated in the common law, are ever put.
4. A member of the bar of another State files his petition for a mission to this bar like any other applicant, stating, however, the fact that he has been admitted to practice in some other State, and bis petition is referred to the bar examiners; but he is not subjected to a new examination unless his admission to the bar has been so recent as to excite suspicion. The statute upon this question is this:
Public Statuten, chapter 159, section 38: "A person admitted as an attorney or counsellor of the highest judicial court of any other State of which he was an inhabitaut, and who afterwards becomes an inhabitant of this State, may be admitted to practice here upon satisfactory evidence of his good moral character and his professional qualifications."
5. The applicant must be an inhabitant of the State and a citizen, or an alien who has made the primary declaration, and he must be a person of good moral character. The recommendation of a member of the bar is accepted as evidonce of this last qualification unless objection is made.
6. I do not think it is the practice of the examiners to inquire as to the general education of the applicant as distinguished from his professional education. Undoubtedly the applicant's command of English, as shown by his examination paper, is of weight.
7. There is no positive requirement as to the term of professional study, and no preference is shown as between law school and office. The result depends for the most part upon the examination, which is intended to be thorough. The bar examiners have generally felt that a legal education could hardly be acquired in less than three years, the length of the course in each of our law schools; and we have intended to make it pretty hard for an applicant to pass a satisfactory examination who showed less than three years' study.
8. Until the present year the bar examiners have been appointed by the supreme judicial and superior courts for each county in the State; but by the act of 1897, chapter 508, the justices of the supreme judicial court are to appoint hereafter five bar examiners, who are to examine all applicants for admission to the bar throughout the State. Upon their favorable report the applicant is admitted “unless the court shall otherwise determine."
9. The supreme judicial court and the superior court are alone authorized to grant petitions for admission to the bar. Very truly, yours,
JABEZ Fox. The COMMISSIONER OF EDUCATION,
Department of the Interior, Washington, D, C.
ANSWERS TO INQUIRIES AS TO CITIZENSHIP, EDUCATION, AND PROFESSIONAL ATTAINMENTS REQUIRED BY THE SEVERAL STATES FROM THOSE
WHO ARE LICENSED TO PRACTICE MEDICINE OR LAW.
No qnalifications aro specified except that the in
dividual inust be a graduate of a “recognized" college; that is, one recognized by the Associa
tion of American Medical Colleges. Diploma of recognized reputable school, or ton
years' practice of medicine as a business. An. atomy, chemistry, physiology, pathology, sur. gery, practice of medicine, and obstetrics and
diseases of women. Anatomy, physiology, medical chemistry, obstet
rics, surgery, pathology, diagnosis, and therapeutics, including practice and materia medica. No attention paid to college diplomas.
CONNECTICUT: None. He may be a common
drunkard, a notorious libertine, or a criminal abortionist as far as the letter of the law disqualities him.
DELAWARE: Must furnish proof of good moral Must haro studied medicine at least four years, character and good common school education. including three regular courses of lectures ini
different years in some legally incorporated col. lege or colleges, prior to his having roceirod
a diploma. FLORIDA: None....
Diploma of a college recognized by the Ameri
can Medical Association); but any holder of a diploma of a nedical college may demand an
examination, which all must pass. GEORGIA: None
Three courses in a regular medical college and
successful passage of examination before board.
What qualifications as to citizenship, personal : What qualifications are required in the way of a character, and liberal education are required professional study of law; and must such studs from the applicant?
study in such an office?
Actual, bona fide citizenship. High moral ehar.
acter as testified to by a member of the profes.
sion. Education judged from examination. Must be a citizen of the State and of good moral
character. The liberal-education feature is left to court which examines.
If the study period is passed in a law office, then
the judges of the supremo court nust mako written examination, except those graduating
from Alabama l'niversity. The circuit and supreme courts are the only bodies
authorized to grant license to practice laiv. p. plicant must stand satisfactory examination in open court by the supreme court, and by a committeo of three lawyers appointed by circuit
court when applicant'is examined by that court. The only thing necessary to become admitted to
the practico lere, if not armed either with a diploma or license from another jurisdiction, is to stand the examination in open court, and by that show ench familiarity with the law as will satisfy the court that the applicant is qualitied to
take care of a practice. Examination in open court after filing certificato
from two attorneys.
A declaration of citizenship and proof of good
moral character are required, but there is no distinction between liberal and professional elucation,
A declaration of citizenship and certificate from
iwo attorneys of court to which applicant has applied for admission that applicant possesses the character and attainments that entitlo Lim
to admission. Must declare intention to become a citizen three
months before applying; must have certificate of good moral character, but no special atten.
tion paid to liberal-education feature. Must be a citizen of the United States, 21 years
old, and be of good moral character, and must bare graduated from a college or secondary school or had been admitted to a college or preparatory school, or passed an examination before committee, for which last he must pay a fee of $5.
If not a member of the bar of another Stato must
pass an examination before supreme court or a committce appointed by it in each judicial district.
Must be a resident of the State and of "fair"
character, and must have a general knowledge of English and American history, mathemat. ics, English grammar, and Latin.
Must have studier las after arriring at the ago
of 18 for two years, if a college or law-school graduate; otherwise, for three years in a law school or under competent professional instruc. tion in the office of a practising attorney or with a judge of superior court or both, of which period one year, at least, must be spent in this State. Applicants shall be requircıl to pass a satisfactory examination, before a standing committee of tifteen, upon the law of pleading, practice and evidence, constitutional law, tho law of real and personal property, contracts, torts, equity, criminal law, wills, and adminis. tration, corporations, partnership, negotiable paper, agency, bailments, domestic relations, and such additional subjects as committeo shall
deem advisable. A logal corso in a law office is not necessary.
All applicants for admission except practising lawyers of other States are required to study three years under direction of lawyer or judge of the State. Examination is made by a com. mittee of the bar. Shall be examined by the indge to wliom appli.
cant applies or a committee of two appoinied
by judge. Must undergo examination before committee ap.
pointed by court on common law, pleading and evidence, equity and equity pleading and prac. tice, Code of Georgia, United States and Stato Constitntions, and the rules of court. Diplomas of certain law schools in Georgia will obviate necessity of examining candidate.
Must satisfy judge that he is 21 years of age,
and of good moral character.
Must be a citizen of the circnit wherein he
makes application and of good moral character, as shown by a certificate of two attorneys known to court.
What qualifications as to citizenship, personal
character, and liberal education are required from the applicant?
What qualifications are required in the way of
a professional study of medicine, specifying, in a qualifications as to citizenship, personal addition to the branches of medicine and suraster
, and liberal education are required gery, and practice thereof required, the dura.
In the applicant? tion of such study, and whether it must be supplemented by study with a physician?”.
Tief fiscord in this state showing that
IDAHO: Citizen of United States or has declared Diploma of a reputable medical college and an stea citizen of the United States : nothing intention of becoming such, and evidence of
pued in the way of liberal education. good moral character. But said board may also refuse a license for unprofessional conduet, etc. The words "unprofessional conduct, etc.,'' is declared to mean
First. The procuring or aiding or abetting in procuring a criminal abortion. Second. The employment of what are popularly known as "cappers" or "steerers in procuring practice. Third. The obtaining a feo on the assurance that a manifestly incurable disease can be permanently cured. Fourth. The will ful botrayal of a professional secret to the detriment of a patient. Fifth. All advertise. ments of medical business in which intruthfol and improbable statements are made. Sixth. All advertisements of any medicine or means whereby the monthly periods of women can bo regulated or tho menses can be reestablished if repressed. Seventh. Conviction of any ottense involving moral turpitude. Eighth. Habitual intemperance in the use of ardent spirits, narcotics, or stimulants.
A diploma or Diplomas of colleges recognized by the State ute affidarit that he is of age, a citize ILLINOIS: Good moral character.
board of health as being in good standing. Wate, and a certified transcript from certification of graduation from a high school or evidence of having passed the matriculation Diplomas from conditioned colleges are recor examination to a recognized literary or scien. nized, but must be suppleinented by an exami:
nation in medicine, surgery, Secology, and scral olucation. tific college, or a certificate of successful examination by the faculty of any reputablo obstetrics, a percentage of 80 being required. unirersity or college, or by the Stato superin- Graduates of colleges in the United States that tei ent of public instruction in the following are not recognized by the board are required branches: English grammar, arithmetic, ele. to pass an examination in all the branches of mentary physics, United States history, geog. medicine. Graduates of Canadian colleges and raphy, Latin (equivalent to one year in a high foreign colleges and universities are required school). One year is allowed in which to cure to supplement their diplomas with an examina. defects in Latin, but the student must be pro- tion in practice, surgery, gynecology, and obvided with a certificate of proficiency in this stetrics, unless they present evidence of their branch of learning from the designated an- right to practico medicine and surgery in tho thorities before he can be accepted as a secondcourso student.--(Medical practico act.)
from which they received their diplo
mnas. INDIANA: Must reside within the State and pos. After 1899, July 1, no diploma will be recognized
sess a good moralcharacter, attesteil bytwofree- if given by a collega possessing an inadequate
medicine, surgery, obstetrics, histology, pa.
on an exanıination as a condition of graduation. IOWA: Certificato refnaed to one who is incompe. Diploma of recognized medical college teaching in tent, convicted of felony, grossly immoral, or is a four or more years' course anatomy, physiology a habitual drunkard. Good character must be and hygiene, chemistry, materia medica and certified to by two physicians of the State. Lit- therapeutics, theory and practice of medicine, erary qualifications same as those of Illinois. pathology and pathological anatomy, surgery,
obstetrics and gynecology, bacteriology and
course shall continue for twenty-six weeks. KANSAS: Good moral character is required. A diploma of a recognized law school.
Por cated the is
sferson of good moral character, bein Pastali te entitled to admission to prac 31 tourts of justice. (Constitution
a citizen of the State) and of good Deter. Ibere is no provision regard tal placation, but the want of it is c
daruining the applicant's quo