The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-18
BAUM NOT DlsBARRED, ,
The suprems Court Says There
is No Ground for Such
Action.
No Going Behind tho Action OF
Another State In This
Case
= Demurrer to the Indictment Found
Against Hample by the Unitsd
States Grand Jury.

AtCOEu0yO 0&6l086 whom 0l0D0fMoul
proceedings are brought have been very
fortunate in winning their cases before the
supreme court. A few days ago George
Haldorn and Francis T. Mcbride. Of Butte
came out best in their little difference with
Chancellor O'Donnell. Now Peter N,
Baum. of Great Falls, has beaten the bal
association in their efforts to have him dis.
barred. The opinion in the Baum case was
delivered yesterday. It was prepared BY
Justice Dewitt. Chief Justice Blake and
Justice Harwood concurred.
The Baum case presents some new and
interesting questions. Baum was ad-
mitted to practice last summer on certi-
ficate from Judge Hrrdin, of New York, and
representations that he had been an attor-
ney in that state for twenty Ave years. A.
H. Nelson, chairman at the executive oom-
mittee OF the bar association, moved for
had been dlsbarred In New York. and that
he had then gone to remote part Of the
state and gotten certificate from Judge
Hardin by fraud; and that the final disbar-
ment order Of the court was held BY one
Monchausen under an agreement that 1t
t Houd not be entered da # Baum snna left
had been disbarred and that
the order was withheld on condition that
he would leave the state. He admitted that
disbarment proceedings had been begun
against him in Poughkeepsie, N. Y. The
referee'e report was sent to the general
which confirmed the decision on division.
A stay of proceedings was taken and the
case taken to the court Of appeals. This
appeal. he claims, was not perfected, aud
the prosecution was abandoned. This view
10 sustained by q letter from Judge Bar
nard. Of the general term of the supreme
court, in q letter, in which he says: Gan
application was made to remove Baum as
an attorney and proof was taken.
It was decided to grant the request.
proceedings we're stayed pending an APP
peal. No order was entered on the de-
cision to remove Baum" Counsel for the
swer itself was sufficient to entitle the COM
plalnant to the order Of disbarment.
In its opinion the supreme court says:
If it appeared that an applicant for adj
mission to the most honorable Of all pro-
fessions had been excluded from that high
office BY. the Judgment Of another compe-
tent court, the protection Of the purity Of
our own bar, and the comfy due to the
court of sister state, would demand ex-
circumstances to impel us to |
reinstate such person to the honorable fell
l0wship from which he had been expelled.
y appears tn0t the supreme court OF New
York, by divided bench, decided to disbar |
Baum; that proceedings were stayed and
no order of disbarment made, pending an |
appeal; and that thereafter the prosecution |
was abandoned. It certainly appears that
he defendant was not disbarred in New
York. Counsel for the bar association urge
that the New York proceedings are sufficient |
cause for disbarment. To make an original |
inquiry into acts alleged to have been com
mitted in another jurisdiction, in the face
1f the certificate of the presiding justice Of /
The supreme court of New York, We believe
q beyond our duty. One Of two thinRs
must be true-either the case 10 undeter-
mined by final Judgment in New York, or
;he prosecution in that state has been aban-
loned. II the latter be tho fact
!e must conclude from these pleadings
hat the abandonment was for sufficient I
Tounds, and favorable to the defendant.
6 the former be the situation, it will be
lime enough for us to conside the New
FORK case when the order Of the supreme
'ourt Of that state has been made against
3aum, and an appeal either abandoned or
he order affirmed BY the appellate court.
Ne do not lay down the rule that unpro-
conduct Of lawyers of this court,
ommitted within the limits Of Z sister
tate. may not be inquired into, but only
old that the circumstances in this case do
lot Seem to warrant such inquiry"