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after which date attorneys were licensed by the governor. In Massachusetts, Rhode Island and New Hampshire an oath seems to have been all that was demanded of those seeking admission as attorneys. This was the case also in Delaware up to 1726.

The records of the secretary of state at Albany show that for 70 years just preceding the American revolution attorneys were admitted to practise in New York by the governor without any examination as to fitness, though for admission to practise before the supreme court the usual preparation was "a college or university education and three years' apprenticeship or, without the former, seven years' service under an attorney."

courts.

In Connecticut attorneys were appointed by the county In Maryland the justices admitted those whom the governor and council had previously licensed. In Pennsylvania attorneys were admitted by the justices; also in South Carolina till 1721, after which date they were admitted by the chief justice of the general and supreme court at Charles

In all these cases tests as to fitness, if there were any such tests, seem to have been of a very superficial character. Admission to the bar after the revolution-The New York constitution of 1777 provided that "all attorneys, solicitors and councellors at law, hereafter to be appointed, be appointed by the Court and licensed by the first judge of the court in which they shall respectively plead or practice; and be regulated by the rules and orders of the said courts.'

In 1797 the New York supreme court prescribed a seven years' clerkship with a practitioner as one of the requirements for admission as an attorney except in the case of those who after the age of 14 had pursued classical studies for four years or less, such applicants being permitted to deduct the time so occupied from the seven years' clerkship. After four years' practice the attorney was admitted without

1 William Smith, History of New York.

*I am indebted to Mr Ashley of the New York state library school for assistance in the study of the colonial records.

further test as a counselor. These rules were modified in 1829 by requiring three years' practice as an attorney and a separate test for the degree of counselor. A few other states had similar requirements.

Under the rules that followed the adoption of the New York constitution of 1846 students were admitted to the bar without any requirements as to period of study or mode of training and without satisfactory evidence as to character. The same laxity prevailed in other states and the law came to be regarded more as an ordinary trade than as a distinct profession. This was the condition of legal education in 1870 when the bar is said to have reached its lowest ebb. In 1880 most of the states had adopted a system of oral examinations for admission to the bar. These tests were usually held in open court. In about 3-5 of the states any ignoramus could present himself and if successful gain admission to practise before all state courts. best demanded little knowledge of legal principles; usually they were a farce. 15 states required a definite period of study; 6 gave an allowance in term of study to bachelors of arts; Pennsylvania and Delaware required a preliminary general education; women were admitted in 10 states.'

The tests at

In 1871 admission to the bar in New York was placed under the control of the court of appeals. In 1882 the court adopted a rule requiring all law students unless college graduates to pass an examination as a test of preliminary general education. In 1894 the legislature provided for uniform examinations in all judicial districts, similar in essential features to those adopted in 1878 by the supreme court of New Hampshire. In the latter state from 1812 to 1872 a statute had provided as follows: "Any citizen of the age of 21 years, of good moral character, on application to the supreme court, shall be admitted to practise as an attorney." The American bar association has recommended that

In 1899 women are admitted definitely in 15 states and by inference in most political divisions. They seem to be excluded definitely only in Arkansas, Georgia and Indiana.

examinations for admission to the bar be conducted by a commission appointed by the court of last resort, according to the system now in force in New York, Ohio and Illinois. Boards with high standards seem to feel that written examinations afford the fairest test. Oral examinations are certainly impracticable when large classes are to be examined. An attempt is now made to select questions that require the application of legal principles to given facts. All progressive boards are abandoning the plan so prevalent in the past of limiting the tests to petty details and questions of local practice.

At the 1899 meeting of the American bar association, the acting president, Charles F. Manderson, spoke substantially as follows: A notable and encouraging sign of the times, presaging much good to the profession and benefit to the public, is the increased interest felt in the proceedings of the local bar associations. Nearly every state has an active, vigorous organization, and very many of the counties and judicial districts have their societies, composed of the best professional material of the vicinity. The standard of qualifications for admission to the bar has been materially elevated by these associations.

Synopsis of present requirements- In the following political divisions law-school diplomas do not now confer the right to practise law, an examination being required by statute in all cases:

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Colorado, one year high school, two years' clerkship or study in school

Iowa, two full years' study in office or reputable school

Maine, two years', after September 1900 three years' study in office or recognized school

Montana, two full years' study of law'

New York, three years' high school course, college graduate two years', others three years' study in office or school North Carolina, 12 months' professional study

North Dakota, two full years' study with practitioner in this state or in reputable school in U. S.

Ohio, a common school education, three full years' study with practising attorney or in school

Oregon, three years' study of law

Washington, two years' regular study of law.

Wyoming, two years', after September 1900 three years' study in law school or office

The following require the licensing examination only:

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The 16 following states require either approval of law

diploma or examination by duly qualified authority:

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The following requiring either approval of diploma or examination admit to examination on:

Kansas, two years' study, the last with attorney

Louisiana, two years' study of law

Maryland, three years' study in school or office

Michigan, between one and two years' high school, three years' study of law

Minnesota, about two thirds year high school, three years' study in office or school

Nebraska, two years' study in office of practising attorney West Virginia, two years' study of law

Wisconsin, two years' study of law

In 10 states, District of Columbia, New Mexico and Indian territory, Muskogee or Creek nation and Chickasaw nation, and the Philippines admission is governed by rules of court not defined in the law as follows:

Connecticut, examination after high school graduation or indefinite preliminary test, three years' study in a law school or office, two years' study if a college or law school graduate Delaware, examination after three years' study of law under direction of a member of the bar

District of Columbia, three years' study under competent attorney or in school

Illinois, examination after graduation from three years' high school course, three years of 36 weeks each in approved law school or with licensed lawyers who subject the students to regular examinations in each subject (prior to Jan. 1900 a diploma showing a regular course of two years or an examination on two years' study in an office)

Indian territory, Cherokee nation, the judge or treasurer grants a license

Chickasaw nation, supreme court judges issue a license to any person possessing sufficient law knowledge

Creek nation, a district judge admits to a district court and a supreme court judge to all courts any person of good moral character

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Indiana, "every person of good moral character, being a voter, shall be entitled to practise law in all courts of justice." Constitution

Nevada, examination in open court

New Hampshire, examination after three years' study under direction of a counselor of the court

New Jersey, examination after three years' clerkship with degree of B. A. or B. S., or four years' clerkship, one year

1 A constitutional amendment is to be submitted to the people, which provides that the general assembly shall by law prescribe the necessary qualifications for admission to the bar.

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