The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-08
MAY DISBAR HIM.
The Supreme Court
Notices PhiIbrook
In AN UNWELCOME MANNER.
He May Not With Impunity Pass
Insult Upon Judges
SUCH AS HARRISON AND COFFEY.
The Rash Attorney Cited to Appear
in His Own Defense on Mon
day Week Next.
SUCH AS HARRISON AND COFFEY.

Attorney Horace ". PhIlbrook Is in
luck. Last week he filed a brief in the
Supreme Court in which he made a vicious
attack on Justice Harrison. q member of
the august body before whom he expected
TO successfully present his case. This
week he followed up his success with a
bitter attack upon Probate Judge Coffey.
And ali because the court did not view
MI. Philbrook's application of the law
concerning the administration of the es-
tate of the late John Levinson as he did.
Now comes the browning glory of all.
The Supreme Court has noticed Mr.. Phil
brook Every Justice of the Supreme
Court. save and except MIR. Justice Harri-
son, has appended his name to the follow
Ing order:
at has come to the attention of the
court that one Horace W. Philbrook, &C
attorney at-law, authorized TO practice IN
this court, did, upon the 30th day of
November, a. ID. 1894, file a certain brief
In a certain cause then pending in this
court, numbered 10, S57, and entitled Ira p
Rankin, special administrator OF the
estate of John LeviGson. deceased. plain
Tiff and appellant, VS.. William j. Newman
and Benjamin Newman, defendants and
respondents, in which said brief there are
found matters which. in the mind OF the
court are of scandalous and cOntemptu-
Gus character. The said scandalous and
contemptuous matters are found upon the
pages of said brief, commencing at page
S13 thereof and extending c0nsecutively
down 10 and including a portion of page
379 thereof. and the whole tenor OF said
matter may be fairly illustrated by the
following excerpt, taken from pages 371
and SIS:
SIT is not enough for courts of justice to
Ids n hn fnn F
there must exist the fullest confidence In
their purity. 1t is not enough for Judges to
be in fact strong enough to resist tempta-
ton They must not allow themselves 10
be tempted. Examine carefully and thor
Oughly the secret transaction OF Septem-
Der 8, 1890. 1t is without an extenuaung
circumstance. You have before you here
the proof of what its cOntrivers and users
think of courts of justice and of Judges.
You behold their evil and most con-
temptuous confidence.
"'They rely solely upon the cOrrupting
force OF their corrupt cOntrlVance, the
secret transaction of Septem Der 6, 1890,
and solely upon that reliance they have
been ever since September 6, 1890. and
still are. a confident Of a final judgment
for the Newmans as il they already had 1t
locked up at home. And is II not probable
then that many others think with MIN til at
the courts may be corrupted, the judgm
y
more numerous 6us pect 1t?
'But if this secret transaction Of SeI-
fember e. 1880, Is not declared illegal and
void upon the rules and principles declared
in Edgerton vs.. Earl BrOwnlOw, then all
TO whom knowledge of the case shall come
will no longer merely suspect or even
think that the courts may be corrupted:
thew will know it; they may point To the
decision here as full proof OF it, for 1t will
be established that such practices are per-
missible: and if permissible they are sure
TO have effect,
SPY reason of the foregoing premises 1t is
therefore ordered that he, the said Horace
W. PhilbrOOk, appear before toe court on
the nth day Of December, A. ID. 1894, at 10
A. NJ. at the courthouse thereof. In the city
and county of San Francisco, and at that
time show cause why he. the said Phil
brook, should not be removed from his
1fice as an attorney-at-law and debarred
from further practice before the courts of
this State for having violated his oath and
duties as an attorney of this court IN filing
said brief
1T is further ordered that certified copy
OF the foregoing order be forthwith served
upon said Horace W. Philbrook by the
baliff of this court and return made
thereof"
So Attorney Horace W. Philbrook stands
a good chance OF being dIsbarred. a poor
finish to long and honorable career, say
Mr PnilbroOk's friends. 1t is believed
that nothing on earth but an abject apology
will save Mr.. Philbrook from eXtermina-
ton. Perhaps the now aroused parties
will NOT accent that,