to the Bar of that state abrogated the two-year study of law prerequisite by adopting on December 25, 1961, its Rule XXV establishing a single standard of academic qualifications of such applicants, viz.: a "graduate of a law school approved by the American Bar Association." (ABA.)
The "diploma privilege" proviso when introduced into the now passe two-year study of law prerequisite of learning in the law was an upgrading of law study standards, and yet in all frankness its force and effect then and particularly now in view of Rule XXV is, for one reason or the other not necessary to pursue, pure state provincialism in favor of the graduates of the Montana Law School. That policy is, of course, of the state's choice just so long as anresidents of that state. Accordingly, the statutory bar examination requirement and the "diploma privilege" proviso, coupled with Rule XXV, create two classes of resident graduate-candidates for admission to the Bar: (a) favored graduates of the Montana Law School, an approved ABA law school, and (b) disfavored graduates of another approved ABA law school. Members of class (a) are admitted to the Bar without the burden of taking a bar examination and the members of class (b) sustain that burden. The plaintiff is among those in class (b) because he has recently exercised his fundamental right to travel from state to state.
The majority discounts the favoring feature because of the discretionary authority vested in the Chief Justice to order an examination by applicant graduates of the Montana Law School;