Beamish, 073031 PAAGO, AGO 17

• Case Date: July 30, 1931
• Court: Pennsylvania

Honorable Richard J. Beamish, Secretary of the Commonwealth, Harrisburg, Pennsylvania AGO 17 Opinion No. 17 Pennsylvania Attorney General Opinions Opinion of the Attorney General July 30, 1931          Elections—Nomination Petitions—Judges—"Profession, Business or Occupation" of Candidate—Duty of Secy, of Common-wealth—Acts of 1851, P. L. 648; 1911, P. L. 198, Sec. 2; 1931, Act No. 106; Art. V, Sec. 5 of the Constitution.          The Secretary of the Commonwealth may decline to file nomination petitions of candidates for the office of judge, whose stated "profession, business or occupation" is other than that of attorney or counselor at law, us provided for in the Acts of 1851, P. L. 648; 1911, P. L. 198, Sec, 2; 1931, No. 106; Art. Y. Sec. 5 of the Constitution.          Honorable Richard J. Beamish,          Secretary of the Commonwealth,          Harrisburg, Pennsylvania.          Sir: We have your request to be advised whether it is your duty to accept and file nomination petitions designating as candidates for the office of judge of the Supreme Court o£ Pennsylvania, judge of the Court of Common Pleas of Allegheny County, or judge of the County Court of Allegheny County, persons whose occupations are stated to be either carpenter, or welder, or salesman, or housewife, or machinist, or journalist, or plumber.          We understand that nomination petitions have been proffered in which it. is stated that the "profession, business or occupation" of the candidate is one of those specified.          Under the Act of April 15, 1851, P. L. 648, judges of the Supreme Court must be "learned in the law."          Under Article V, Section 5, of the Constitution, and the Act of May 21, 1931 (Act No. 106), judges of the Court of Common Pleas of Allegheny County must be learned in the law.          Under Section 2 of the Act of May 5, 1911, P. L. 198, as amended, judges of the County Court of Allegheny County must, likewise, be learned in the law.          The expression "learned in the law" has a well known and well understood meaning. To be learned in the law a person must be an attorney or counselor at law.          In Freiler v. Schuylkill County, 46 Pa. Sup. Ct. 58, in an opinion by Judge Orlady, our Superior Court interpreted this expression. Judge Orlady said, at page 62:

"It has been held that the term 'learned in the law' means that the person is 'either admitted or entitled to be admitted without examination to practice as an attorney at

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