Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-02-20
MANY ATTORNEYS ATTEND.
Committee Makes speeches 60 the
Court aud Suggests That Tie be
Not severely Dealt with


two members Of the committee Judge
D. II. Twomey appeared IN behalf Of
Mr. sllberstein and made a strong APP
peal for the young attorney At the
conclusion OF the arguments the mat
ter was taken under consideration by
The court until this afternoon. when the
result Of their deliberations were made
known. 1t was the general sentiment
Of the attorneys who addressed the
court that the young attorney should
not be dlsbarred but that the court
should place itself on record positively
In regard to such praotises so that the
attorneys may know that such matters
viii not be tolerated in the practise OF
the profession
MIR. VARIAN OPENS,
Mr. varlan, IN opening, read the
charges against Mr.. slbersteln, setting
out the letter written to Mr.. Cowell,
Offering TO bring action against the rail-
road company for damages for the
death Of his son, upon the consideration
OF so per cent OF the amount collected
The advertisement In regard TO secur-
ing divorces inserted In the morning
papers were also set out In the charges
Mr. Varian then read Mr.. SilbersteIn's
answer TO the charges in which
the latter admitted writing the
letter. but stated that he had
only been member OF the
bar Of this state three months when
the letter Wa written and he was at
that time under the impression that II
had been the practise OF the members
Of the bar TO write such letters solicit
ing practise. The answer denied that
he had any intention Of violating his
cath as a member of the bar or that
his conduct was unprofesslonal He also
admitted inserting the advertisement
but denied that 1t was for corrupt per-
sonal motives or that II encouraged
bringing divorces As soon as he
learned that the writing OF such letters
and the advertising was unprofessional
he deslsted from such practises and has
ever since done 80.
COMMITTEE is LENIENT.
In commenting upon the merits Of
the case and ,ne penalty to be imposed.
Mr. Varlan said; 1T Is the feeling Of
the members OF the bar association to
be lenient with this young man. and
not deprive him Of the opportunity to
practise his profession. but II Is the in
tentlon OF the bar TO here and now
challenge this sort of practise among
the attorneys OF this state. Ii appears
IN Mr. Silbersten's answer that IL Is
the general practise among lawyers OF
the state 10 write such letters Of solCi-
tation. that prominent attorneys make
such a practise. We want this court to
80 condemn such things that II viii be
notice TO the attorneys that such things
Will not be tolerated In submitting
this matter To the court Il Is my
duty TO say that the committee and bar
association deprecate any harshness to-
wards this young man In the way OF
penalty His habits are good his NOR
al standing Is good and he is not a man
of dissolute character What We desire
Is that the court should take this occa-
sion to write It's views upon the records
OF the court and set this matter TO rest
We do not desire that his name should
be placed In the printed reports OF the
court and thus place a stigma upon him.
a mere opinion in blank would be suf-
ilclent."
SUFFICIENT PENALTY.
Il. B. Critchlow then stated that per-
sonaiy he did not think the decision
should be made public in the reports
OF decisions Of the court which are dis
trlbuted In oil the states OF the Union.
because the publicity already given the
matter In the public press was sufficient
penalty.
NO DISARMAMENT.
Judge NJ L. Richie then stated that
Il was not the intention Of the commit
tee or the association that this should
be dlsbarment proceeding. He would
not have consented TO act on the COM
mlttee had Il been such a proceeding.
He did not think that such harsh pen
atty should be imposed and he would
not be a party 20 u,
In his statement In behalf OF
Mr.. Sllberstein Judge Twomey
said 4 am not the hired counsel Of
this young man. ! am his friend.
have known his family for II years and
Ia this matter and IN his answer. has
told everything connected With the af-
fair ] deprecate the fact that the
practise Of law as profession has de-
scended 10 the level OF commerciallsm.
This young man came here a stranger
and excepted the conditions as they ap-
pcarea 90 him TO exist He was lead
TO believe that such praotises charged
against him were INDUCED in here by
members of the bar Il was not his
intention 90 affront the ethics OF the
bar or TO conduct himself in an unpro-
lessional manner As soon az / learned
of this matter l went 20 him and told
him that such practise was unprofcs-
sonal and he promised me that he
would desist, and ne kept his promise.
This letter, which was written over
year ago. was once before referred 10
"a committee Of the bar association. but
for some reason was returned without
any action being taken, and was again
referred 90 "a committee. l have heard
ramors that such prRctlses are COM
mon I'm this city I'm regard % soliciting
practise. ! don't think that this Young
man should be made the scapcgoat OF
the entire bar Of the city and state and
/ believe that a reprimand would be
sufficient. I don't believe that II Is the
Intention OF this court to blast the fu-
ture Of this young man In the practise
OF his profession. and ! think that a
reprlmand from the bench without pub.
lioation ln the records or reports Of the
court would be sufficient"
Chief Justice Baskin then announced
that the matter would be taken under
adyisement until o'clock this after
noon.
GETS GEIIRE RInRIM AVN