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Brevier Legislative Reports, Volume 7, 1865, 428 pp.
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COUNTY OFFICERS.

Mr. Bonham's bill [S. 63] prohibiting County officers and their deputies from practicing law in any court in this State, was read the second time.

Mr. MOORE moved to amend by striking from the bill all that relates to Sheriffs, Treasurers and Auditors.

Mr. WRIGHT spoke very briefly in favor of the amendment, and Messrs. BROWN, of Wells, and BONHAM against it.

Mr. MASON was of opinion that these officials should foe prevented from practicing for they made a sufficient amount to keep them out of their salaries.

Mr. DUNNING did not think it right to put these men in office and then allow them to get a practice they never would have obtained had it not been for their official position. It is wrong for any man to have possession of papers belonging; to a party against whom he is the opposing attorney.

Mr. NILES. If there be a nuisance in any community more-detestable than another, it is a lawyer who is constantly stirring up strife among his neighbors, and he would not put in the way of any lawyer the temptations for such a vocation which the occupancy of these offices does afford. And if the law is a respectable profession, it must be saved from such degradation.

Mr. MOORE would vote for the bill were his amendment adopted, otherwise he should vote against it,

Mr. WILLIAMS inquired how any voter possessing a good moral character, could be prevented from practicing in the Courts of the State. The Constitution guarantees to such an one this right.

Mr. NILES. That provision of the Constitution has not escaped our notice. It is to receive a reasonable and Mr construction. It surely does not deprive us of the right to exclude a Circuit Judge, or a Judge of the Supreme Court, from practicing. That is not an iron rule which shall admit of no qualification.

Mr. BENNETT. This bill is a bill not for the benefit of attorneys, but for the benefit of the parties in action in Courts. We are prescribing what our officers shall do, not what citizens shall do. Officers accept the rights and privileges of the office to which they are elected, and we are but saying that they shall not leave their business in the Court House, and be running all over the county attending to business of their own.

Mr. GIFFORD moved to refer the bill and pending amendments to the Committee on Rights and Privileges of the Inhabitants of the State.

On motion of Mr. CULLEN, the motion to refer was laid on the table, by yeas 37, nays 5; and the motion to amend was laid on the table by yeas 30, nays 13.On motion by

Mr. DOWNEY, the bill was amended by adding these words: "in any case page: 126[View Page 126] or matter in which his court has or may have jurisdiction.

The bill was then ordered to he engrossed.

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