Ex parte Yale

Citations

• 24 Cal. 241

Syllabus

<p>Constitution — Construction op. — The terms “office,” and “public trust,” as used in section three, Article XI, in the Constitution of this State, have relation only to such duties and responsibilities as are of a public nature.</p> <p>Attorney at Law.—An attorney at law is not an officer, nor does he hold an “ office ” or “public trust,” in the constitutional sense of those terms.</p> <p>Same—Subject to Legislative Control.—The manner, terms, and conditions of an attorney’s admission to practice, and of his continuing in practice, as well as his powers, duties, and privileges, are subject to legislative control, the same as any other profession or business that is created or regulated by statute.</p> <p>Same—Oath op.—The Legislature may lawfully require, as a condition precedent to an attorney’s admission to practice, or his continuance in practice, the taking of tlie oath prescribed in the Act of April 25th, 1863, entitled “An Act to exclude traitors and alien enemies from the Courts of justice in civil cases.” (CoJien v. Wright, 22 Cal. 293, affirmed.)</p>