TOPICAL INDEX. A state may as a polic regulation and to discourage litigation classify claims 1. h. 32 Adimitted facts need not be proved by other evidence 22 "Approved," is a word not absolutely necessary in a bond u. h. Bankruptcy Cases Contracts between husband and wife as to what she Injury in mine-Contributory negligence does not Information for illegal voting 1. h. 1. h. Motions for continuance must allege that testimony is competent Supreme Court of the United States: Fourteenth Amendent not available as to questions non-federal that arise in a state court 1. h. 30 Not all fixtures become a part of the property to which attached so as not to be removable u. h. U. S. Constitution must be pleaded and right ascerted thereunder before Supreme court will take jurisdiction 32 31 Removal from one federal court to another-effect since statehood 28 KEY In the above Topical Index hereafter, the letters u. h. means upper half of the page, and 1. h. the lower half. APR 27 1966 THE OKLAHOMA LAW JOURNAL EDITED AND PUBLISHED MONTHLY BY D. H. FERNANDES, GUTHRIE, Oklahoma. VOL. 13. July, 1914. No. 1 A MORE COMPLETE INQUIRY INTO THE MORAL CHARACTER OF APPLICANTS FOR ADMISSION TO THE BAR. BY CLARENCE A. LIGHTNER. There are some arguments worthy of consideration in favor of an open Bar, with no restriction except punishment for misrepresentation as to education or qualifications. The medical profession in England flourished with these limitations. One large advantage of this method is that the Bar would, in that case, not be in the position which it now occupies of vouching for the ability and honesty of its members. The public would understand that in choosing counsel they must look out for themselves. The maxim in the law of sales, "caveat emptor," has much to recommend it. There is a current saying in the one jurisdiction where this system prevails that "any man who has character enough to run a saloon, has character enough to be a lawyer, if he can vote," and yet the deliberate opinion of a conservative member of that Bar is as follows: "I have your letter of June 17th, asking my opinion as to whether the Bar of this state is on a lower plane than the Bar of other jurisdictions in the matter of conscience and intellect, and, if so, whether it is due to the fact that we have no requirements for admission to practice law. In my opinion the Bar of this state ranks as high mentally, morally and otherwise as that of other states or countries." While some may think that the opinion is from a prejudiced source, I have no information which leads me to believe that it is incorrect. However, this is hardly a practical question at the present time, because the tendency, whether desirable or not, is overwhelming in favor of subjecting applicants for admission to the Bar to test or examinations. The important question for those who are interested in the character of the Bar to determine is whether the standards required and the application thereof to the applicants are accomplishing their purpose. Now, the only purpose which will justify these examinations is, in the interest of the public, to secure ability and integrity in the Bar. The qualifications that should be required are, evidently first, ability and education, i. e., mental qualifications, and, second, character of ethics, i. e., moral qualifications. During the past twenty years increasing attention has been given to the mental qualifications of applicants for admission to practice, until at the present time (waiving the question of the considerate and reasonable application of the standards set in the several jurisdictions) the requirements are, generally, quite sufficient. If these standards should be raised it is along the lines of general education rather than of technical learning. Any young man of ordinary ability who has received a thorough academic education, and has learned thereby how to use his mind, will be more crediable as a member of the Bar without any preparation in law than will a young man of insufficient general education, who has spent his time in memorizing law books and judicial decisions. The former will, at least, have intelligence enough to know what he should not do, an advantage frequently found wanting in the latter. These views may not meet with general approval. Perhaps, fortunately, this is not essential to the matter at hand. Whatever opinion may be entertained upon the question of mental qualifications, the moral equipment of the applicant is of greater importance. Mental attainments are, in large part, of concern only to the individual client. Clients demand in their counsel sufficient learning and skill to produce the desired result; if convenient, within the limits of the law morals, but at all events, the desired result. Moral character, on the other hand, is of more consequence to the Bar and public at large. If it be conceded that many lawyers delay justice and clog the judicial machinery, because of their stupidity and lack of technical education, it must, on the other hand, be admitted that the astuteness of brilliant counsel, brilliant counsel, devoting their talents to the service of private interests, keeps both courts and legislatures busy in the effort to prevent the miscarriage of justice. And yet the lawyer's duty to his client now is, and for generations past has been, the obligation |