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ADMISSION TO THE BAR.

BY HARRIE K. HARKNESS.

I have been requested to address this meeting of the State Bar Association, and as a comparatively new member and young practitioner, I have been so recently in contact with the practices and qualifications incident to the admission to the bar in Utah that I have taken for the topic of my remarks tonight: "Admission to the Bar."

The word "Lawyer," in the past, has been synonymous for intelligence and learning. The pages of our national history carry in more cases the honorable mention of lawyers than of any other class. The members of this association are too well posted on the history of this country for it to be necessary for me to cite names. The lawyers have been the Statesmen of the past. They are and have been the Statesmen of our generation. In fact, a distinguished member of the profession once remarked: "It is a curious fact that though there is no expressed authority therefor, in any Constitution or Statute in the land, the lawyers have always been the rulers of this nation."

Since history has shown the lawyer to be the leader of men and affairs, in the past and deservedly, does it not behoove us at this time, in view of the well-earned distinction the profession has attained, to jealously guard that distinction with such precautions as will entirely exclude the unworthy and inefficient. I believe I believe you will agree with me

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when I say that we owe this duty both to the profession and to the laymen.

From my limited knowledge of early affairs in Utah, and a comparison based on that limited knowledge with the early history of this country, I am inclined to think that conditions were in both cases practically synonymous. In short, that religious beliefs were to be dominant and worldly affairs were of necessity subservient. In such a plan of civilization the lawyer had no place. The judge is the ecclesiastic or the representative thereof. The points of difference between individuals under such circumstances becomes in fact one of degree; and the decisions by the tribunal are sure to be tempered by the material degree of combatants or expediency rather than by a strict sense of justice.

The oldest permanent English settlement in the United States was founded in 1620 at Plymouth by a band of people who were intensely devoted to their religion and whose leaders were paramount to any other earthly authority. However, the advent of those not in accord with the "roundheads" or pilgrims, as we knew them, brought about the necessity for tribunals or courts of justice for the arbitration and settlement of disputes and differences involving monetary consideration. Thus was created the first necessity for legal and judicial minds in this country. History does not record, however, that the regular practice of attorneys became common for many years.

Men who were educated in England as attorneys are, however, known to have served in this country early in its history as magistrates. Among the more prominent might be mentioned: Leechford, Winthrop, Bellingham, Humfry and probably Pelham and Bradstreet.

While not pertinent to the subject, I might mention as an illustration of the poor regard in which lawyers were

held in the early days of New England history, a rule laid down for the conduct of arguments before the court. It is as follows: "This court taking into consideration the great charge resting upon the colony, by reason of the many and tedious discourses and pleadings in the courts, both of plaintiff and defendant, as also the readiness of many to prosecute suits in law for small matters, it is therefore ordered by this court and the authority thereof, that any plaintiff or defendant shall plead by himself or his attorney for a longer time than one hour, the party that is sentenced or condemned shall pay twenty shillings for every hour so pleading more than the common fees appointed by the court for the entrance of action, to be added to the execution for the use of the country."

The rapid increase in population due to emigration, destroyed however, at an early date in our history, the ability of the ecclesiastic to direct our mundane affairs, and while the religious intolerance of the early New Englanders was manifested in the laws for many years, the necessity for a form of government involved a necessity for legal talent and the profession may be said to have had a solid footing in this country since 1750.

No profession, however, is free from incompetents. The most disastrous effect of incompetency are probably found in the practice of medicine, as that involves life itself. The second in point of results is our own profession, involving, as it does the ever-present objects of life-property and liberty. With all due respect to our medical friends, I will say that they can cover their incompetency and we

cannot.

Considering the fact that we are frequently called upon to advise as to the handling and disposition of the works of a lifetime in others as represented by estates, it is eminently just and proper that our regulations for admission to prac

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