Koger, A. Briscoe "The Negro Lawyer In Maryland" Image No: 8 Enlarge and print image (54K) |
Koger, A. Briscoe "The Negro Lawyer In Maryland" Image No: 8 Enlarge and print image (54K) |
Mr. Hobbs presented, in an eloquent plea, the merits of his case. He relied on the Constitution of the United States and cited numerous decisions which had been handed down within the intervening years since the adoption of the Fourteenth Amendment. He summarized his pleas by his claim to deny a person the right to practice his profession upon the ground of color alone, is discrimination, pure and simple and a violation of the supreme law of the land. The Bench took the matter under advisement and later, on March 19, 1885, the Supreme Bench of Baltimore City, in a unanimous opinion, made for itself history. It was at this time that the Bench struck a course of fairness that, perhaps to this day, has set the course for fair-ness and justice within the whole judicial system of the State. The decision was unique in that it virtually overruled the Court of Appeals at Annapolis, our Court of last resort. The Bench held in no mistaken language, that, so far as it was concerned, color alone would never bar a person from receiving justice within its limit and jurisdiction. In this most illuminating opinion, the Bench held that if Mr. Wilson were otherwise qualified that he might be admitted to practice law within the courts; that in its opinion the Constitutional amendments outlawed conflicting acts of the State Legislature which abridged the rights and privileges of its citizens.9 Thus the door was open, but alas! no one was qualified to enter. Dr. Harvey Johnson would attend to this. He hurried over to Howard University and found there a young man who recently had graduated and been admitted to the District Bar and held great promise. Dr. John-son persuaded that young man to cast his lot in Baltimore. As a result young Everett J. Waring10 presented himself to the Supreme Bench of Baltimore City on October 10, 1885 and as the first Negro lawyer was admitted to the Maryland courts. Mr. Edgar H. Gans, then assistant State's Attorney, moved Mr. Waring's admission. Incidently, Mr. Waring joined the Union Baptist Church (Dr. John-son's church) and was presented with several gifts, including a set of law books from the church itself. Following this admission several other young attorneys came in succession. There have been a steady flow and to date about seventy have followed this lead. These represent many of the States of the Union and some of the best law schools within the country. Our own 9 The opinion is quite lengthy and may not be entered here. Every lawyer should read it and it should be published for benefit of students. The Sun of March 12, 1885 carries a full report. See also Minutes of the Bench of Baltimore City (Mar. 10, 1885). 10 Mr. Waring was born in Springfield, Ohio. May 22. 1839. His father was principal of the school. Upon Everett's graduation (1877) he was appointed assistant to his father and succeeded him as principal. In 1882 he edited a small paper, but this same year was appointed an examiner of pensions in Washington, where he studied law at Howard University. He graduated in 1885, received M. A. degree in 1893. Practised here for several years, removed to Washington, then to Ohio and back to Philadelphia. He died in the latter city in 1915. For early sketch see Baltimore Sun, Oct. 20. 1885. 7 |