The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-12-12
.BEARNES IS BARRED.
Supreme Court Confirms Disbarment
Application for Reinstatement
Permitted in Two Years.
Decision in Cases of J. J. McGregor
Strengthens the Minneapolis
Wineroom Ordinance. IT,"

number of decisions day from the Octo-
Der term The most important were the
BearneS disbarment case and two cases
against Minneapolis aloonkeeper. J. j.
McGregor, charged with violating the
wineroom ordinance and with e1nbezzle-
ment through refusing to return a watch
that had been pawned with him. .&5rE-
= J. N. Bearnes was found guilty of wilful
in his profession such as to
warrant his disbarment. The right Is re-
served to him to apply after two. years
for reinstatement on proof of his moral
fitness to resume the practice of his pro-
fession. The decision states that 1t he
were a young and inexperienced attorney,
who, under stress of temptation and a
failure to appreciate his. duties Ito his
client, had committed the offense, sus-5
pension for a limited term might satisfy
the ends of justice; but in view OF me
fact that he is a lawyer of eighteen years
experience, the court decided reluctantly
that he should be disbarred.
The syllabus in the Bearnes< case Is as
follows: e-Y Il -. 3d..
In the matter of the application for the re;
moval of James N. Bearnes, as attorney anu
II counsellor II said state, Eli Southworth' COM
plainant, VS.. James n. Bearnes, de1endant.
First-Misappronriatio ton BY an attorney at Ia"
of the money Of his client is such wilful mis-
conduct in his profession as to justify his dls-
second-Upon consideration of the evidence
in this else it is held that the respondent is
guilty of such misconduct, and that ne De re-
moved from his office of attorney at law.
In the wineroom ordinance case the
question involved was whether the en-
closure in question came within the mean
ing of the ordinance. at5e It was held that
any enclosure that afforded opportunity
for secrecy in drinking and 'carousing by
shutting 1t off in any degree from view
of the main part of the saloon came within
the meaning of the ordinance forbidding
such enclosure. This decision will great
ly strengthen the efficiency Of the ordi-
nance. The penalty affirmed was SIS or
eighty days. J. J. McGregor was also af-
firmed guilty of embezzlement of a watch
entrusted to him by it's owner and will
pay a fine of $500 or serve ninety days in
the workhouse. The wine:room syllabus
says: HS@5~.%'
State Of Minnesota, respondent, VS.. Joseph J.
4 city ordinance prohibited tile construction
and li>>>tenancc of stalls, booths Or other inclos
ures of any kind. with screens, curtains or par
room place wherein intoxicating liquors were
licensed to be sold -. 49,. .>a~
The licensed room. inv which was conducted a
saloon, was severty-fve feet long and nineteen
feet wide. at the rear of which was cut off a
wooden partition room nineteen feet square .
center Of the partition was q permanent opening,
without a door, screen or curtain three feet
and ten inches wide by six feet and eight
inches high. Held. such room was all inclosure
Within the spirit and meaning OF the ordinance.
Judgment affirmed. Lewis, }.
Other decision were as follows:
Hennepin.
George D; Head respondent vs. co: american tan
appellant Order affirmed. ..-
Margaret Williams, respondent, VS.: Minneap
oils Street Railway Company y. ct al. defend
State of Minnesota respondent. VS. Joseph J
| McGregor, appellant, Order affirmed
IA '@'''"'"'' Ramsey: '~--' "'-'
pr, Rpaepn semsn M 81 of St
eo Ghar1ss ipps Mefs r okR St
City Railway, company, respondent n Order at
| A. b., Katz, appellant VS.. Charles Blavas e.
al, defendants; the American Bonding and drl1s
! company of Baltimore, Md, respondent. Orde
| affirmed.
So Paul Trust company: as executor, Of tn
liant. VS.. Hercules l.. kittson ct al, respondents
| Order affirmed.
tate of John j. Sharp. deceased. respondent, vs.
! Patrick Brennan ct al. DEFENDANTS; A. Guthrie
rs Co.: appellants. Order affirmed. :,
| Christ Hansen, respondent. VS.. St Paul Ca
Light company appellant, Order affirmed. :
| c. J.. Pemberton. appellant. William B
Dean ct al. copartners as Nichols, Dean & Gregg
! respondents. Order affirmed.
Clay.
Orris Oliver. substituted for Alexander J
Guinness as trustee III bankruptcy of Jacob Hill
| gers bankrupt. respondent. VS.. Jacob Uilger
ct al, appellants Order affirmed.
State Of Minnesota, respondent. VS.. Allen I
Blanchard, appellant Order affirmed.
| Becker.
| Everett W. Davis. appellant: George d
Hamilton. respondent Order reversed and neH
trial granted.
Pine:
State ex rel E. McAllen. relator, VS.. Distrc
Court of Pine County, respondent Writ ISSUED
| Freeborn.
Hannah Simonson appellant, Mnneapoli
& ST. Louis Railroad company, respondent. o.
der affirmed.