The record-union., 1895-01-07
ATTORNEY PHILBROOK,

Disbarred From practicing for a
Period OF Three Years.
SAN FRANCISCO, Jan. 6.-Attorney II.
W. Philbrook has been disbarred by the
Supreme Court from practicing in the
courts of California for period of three
years, on account of his attacks upon
Justice Harrison. The utterances which
have brought upon Mr.. Philbrook dis
barmeut We're contained in a transcript
on appeal in the case of " Rankin,
special administrator of the estate OF
John LeVinson, deceased, VS.. William j.
Newman and Benjamin Newman"
The decision recites the facts about Mr..
Philbrook's being cited to show cause
why he should not be dis barred and the
facts of the hearing subsequent TO the
citation.
The respondent says the decision,
did not offer any apology or make any
excuse; Dut in his written answer and
IN his oral argument he boldly contended
that his brief was unobjectionable and
contained nothing which he had not the
right To put there. His argument was,
for the most part, reiteration of The
assertions and language of the brief.''
Following recitation of the facts III
the progress of the litigation out of
which Philbrook's contempt grew, the
court says: The Objectionable parts OF
the said brief for which respondent Phil
brook was cited as aforesaid consist
mainly, first, of offensive, scandaIous
and contemptuouS language concerning
Hon. Ralph q. Harrison, one OF the JUS
tices of this court, and, second, of Ian
guage contemptuous of all the other Jus
ticeS OF the court, in that it broadly iuti-
mates that they may be improperly influ-
enced IN deciding said appeal, and boldly
threatens them with evil CONSEQUENCES to
IhaU Gh bn
peal adversely 10 the appellant. 1t also
contains language highly reprehensibie
concerning the learned Judge of the Su-
perior Court who heard and determined
the said action at niSj prtltS, and his
answer contains such language concern
ing another learned Judge of the Supe-
rior Court, who decided the other cases
mentioned in Philbrook's ansWerv
The decision Ill referring TO u number
OF passages in the attorneys brief reflect
ing upon Ralph &. Harrison says: The
foregoing quotations give fair idea of
the character OF the brief. and of the tenn :
per and animus which inspired it; and in
all that respondent has presented, in his
answer, in his argument, and in the sew
eral transcripts which lie made parts of
his answer, he has been unable TO show
any ground, any decent preteXt, Tor the
outrageous verbal assaults which he has
made upon a mem Der OF this court
Nothing appears in connection with the
transaction so often alluded to in the brief
which places Justice Harrison in any
Clher light than that OF an upright and
honorable lawyer, faithfully attending to
the interests of his client and advising
him according to his best judgment. 1t
may not be out of place to say that we
have peen lenient to the respondent TOR
past otfenses of d character similar TO the
one now before us, though not so tiagrant;
and that his attention has heretofore been
directly called TO his disregard of his
duties as an attorney in this respect"
The closing paragraph OF the decis-
ion sums up the verdict IN the fol-
lowing words: at is ordered and ad-
judged that the said respondent, Horace
w. Philbrook, be. and he hereby is.
suspended from his office as attorney
and counselor at law, and prohibited
from practicing as an attorney and
counselor at law in any and all OF the
cOnrts of this State for the period ol
three years from this date, and thereafter
until Lhe further order OF this court re-
moving such suspensions"
The opinion is signed by justices
Fitzgerald, Mcfarland, Garoutte, Van
Fleet and De Haven.