Opinion

Stewart v. Bechtel

  • 360 Pa. 123
  • 61 A.2d 514
  • 1948 Pa. LEXIS 476
Court
Supreme Court of Pennsylvania
Filed
May 24, 1948
Status
Published
Author
Jones
On the bench
Maxey, Drew, Linn, Stern, Patterson, Stearne, Jones
Cited by
9 cases
Authority
More cited than 0.6%

concurring opinion of Mr. Justice Charles Alvin Jones

How later courts described this case

  • concurring opinion of Mr. Justice Charles Alvin Jones

Written by the judges who cited it.

The opinion

*128

Concurring Opinion by

Mr. Justice Jones:

I concur in Mr. Justice Linn’s opinion for the Court that the interpretation of the Act of 1909, as amended by the Act of 1923, which the appellant advances, is untenable. However, I wish to add, in passing, that the ultimate rule-making power in respect of admissions to practice law before the courts of this Commonwealth lies exclusively in this Court. It has never been disputed that the admission of attorneys to the practice of law involves the exercise of judicial power

1

which, by Article V, Section 1, of the Pennsylvania Constitution, is vested in the various courts of the Commonwealth; and, the paramount supervisory power over the courts of the Commonwealth is reposed in this Court by virtue of the Act of May 22, 1722, 1 Sm. L. 131, 140, Sec. XIII, which became constitutionally entrenched with the advent of our first State Constitution in 1776. It follows, therefore, that relief of the nature sought by the appellant can be competently afforded only, if at all, by further appropriate rules of this Court. In the meantime, so long as local examining boards are permitted to approve or reject applications for admission to the practice of law in courts of this Commonwealth, the rules whereby such boards operate must not be unreasonable and, so, constitute proper subjects for review.

Mr. Justice Horace Stern joins in this opinion.

1

See

Commonwealth ex rel. Brackenridge v. Judges of the Court of Common Pleas of Cumberland, County,

1 S. & R. 187, 192, 195 (1814);

Petition of Joseph P. Splane,

123 Pa. 527, 539-540 , 16 A. 481 (1889); and

Hoopes v. Bradshaw,

231 Pa. 485, 487 , 80 A. 1098 (1911).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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