The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-01-16

\ Integrity ara dignity OF the pdT anu VII
dicate public morals. Otherwise I take
1t that so extreme a measure would
never have arisen, becaus the same
rules of reason and common sense would
have been applied to the lawyer that
is applied to any other calling; that is to
say, If mans act of moral turpitude
is so great then let him be prosecuted
by the law of the land, but preserve to
| him the right to make livelihood.
If you look through the law of nature
you will find, however much it may load
! a man down with infirmities, it rarely
ever loads him down to a point where
it says to him: You shall not make a
| living. 1t does not seem to be the Di-
vine law, however great mans faults
may be, and however great his physi-
cal infirmities may be, to carry it to a
point where it says to man: You abso-
| lutely shall not make living.
| That brings me to the proposition l
I first announced: that no one at first
blush appreciates the real significance
of the word disbarment, 1t ought never
to be exercised except in the most ex-
| IRENE cases. A member of the bar for
professional misconduct no doubt ought
to be suspended from time to time, but
disbarment ought not to be exercised
except in the most extreme cases 1t
ought to appear to the court that the
conditions are such that there are no
ground for reformation, no reason to
believe there is any spirit of contrition,
and that the man is lost to himself and
to society, and has nothing further to
build on.
l can conceive of a case where man
has come to a point in life where he is
of mature age, and where the proceed
ings would develope state of facts
that would indicate that he has been a
bad, wicked man, with but little hope
Of reformation. Such character ought
to be cut off and cast into outer dark
ness. And there may be cases which
do not involve any palliating elements
such as youth and inexperience, where
the court can say to a man: 1 cut you off
I see no ground for reformation; you
are lost to yourself and to society. In
this case, if the facts justify it, and the
proper authorities desire Mr.. Boone can
be prosecuted like any other citizen
who violates the law.
However much we may dispute about
the proposition, there remains the fact
that when man is diSbarred, especial
ly if he is man and has any elements
of manhood in him, it is utterly the end
of him. OF course, under the law of the
land, after having investigated it, 1
find that man may be disbarred and
in some future time, upon a proper
showing of reformation, may be rein
stated by the court. I also find in all
the cases that I have examined that the
courts very rarely exercise that power,
because the courts never diSbar except
in the most extreme cases. In the case
of a character such as that of which l
have just spoken, where a man has ar
rived at middle age, and has been guilty
of professional misconduct, and where
the court can see there are no palliat-
ing elements; where he has been sur
cd Nv tot rrrho
he has had good associations, indicat-
ing that he had no occasion, no induce
ment to go astray; such man ought
to be cut off, Or If it is apparent to the
court that the man is inherently, NOR
ally bad, and there is nothing good in
him, and nothing to build on, then SUCH
a man ought to be disbarred.
Now, in this case what are the facts?
This young man prior to going into this
this Office of county attorney, so far as
have been able to ascertain, bore a
very high character. He was accus- |
toned to appear quite frequently in con
nection with his uncle, with whom he
was associated in business, in my court |
and his demeanor was that of gentle
man. There was nothing in his make |
up, so far as [ could see indicating any |
degree of immortality, and he certain
ly was above the average as young |
lawyer. He entered upon the duties of !
attorney and found himself sur |
rounded by conditions which were too I
strong for him to resist. He found a ]
sentiment here in Wichita against the I
enforcement of the prohibitory law |
that dominated business, politics, ev-
erything which tended to make a man |
Young, unframed, not hav
ing arrived at that age of life where he |
had the ability to discriminate, to clas /
sify and weed out the bad from the i
good, and dismiss from his mind those
which he thought were per-
manent, but which in fact are evanes-
cent and cannot live and must pass
away. l say, situated thus, he went
astray.
1t is the divine policy to vindicate the
law, and still not destroy; and human
uolicy should approximate the divine
policy, if there are any conditions or
facts upon which such action can be
If in my declination to dis
bar Mr.. Boone, shall make mistake,
1t will be an honest mistake, and one
which I assume. take all the RESPONSE
bility If I can be the means of bring
ing Mr.. Boone back to the paths of
strict rectitude and the high plane of
am willing to suffer the crit
cisms that may be imposed upon me by
reason of my action; for / shall feel
that in my policy 1 have pursued the
policy marked out by nature and by
God; reformation, vindication of the
aw penalty but not destruction.
In conclusion, / shall make an order
Mr.. Boone from the prac-
ice Of law for a given length oftime.
[ do not feel warranted, under all the
'acts in disbarring him. / could not
maintain my self respect and not sus-
pend him. The question arises, for
low long a time should Mr.. Boone be
/ cannot afford to make
he time of suspension such a time as
Will indicate anything like a white
washing proceeding. | must fix time
which will vindicate the dignity and in
egrity of the bar and the public NOR
lis of society. 1t ought to be atfme
sufficiently long in which Mr.. Boone
would give some indication of having
to the paths of recutuce.
come indication of reformation,a length
# time in which he could reflect ana
,ring himself to a point where he would
,uild I'D a strong moral character. l
want to say right now in passing--and
am not here to deliver moral hom- ,
lv-that there is nothing on the face
# the earth that viii stand in the place !
# strong moral character. Men may ,
hink they have gained success by &C
,urnulating wealth for temporary .
purpose by questionable methods, but
I cannot be done. All rotten founda-
ions must fall Either that. or God
himself is false.
1t is my judgment that. TO vindicate !
he integrity of this bar and the public
morals of the community, Willard II. ,
Boone be suspended, and it Is so or :
erred by the court that Willard H ,
soone be suspended as practicing law !
er of this bar for the period OF one !
ear.
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