The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-11-08
DISBARMENf
CASES ARGUED
A. E. Snow, J. q. Bowman and
W. H. wilkins Show Cause.
CITED IN SUPREME COURT
DISCLAIM ANY DIsRESPECT
FOR JUSTICE BARTCH.

The supreme court has taken under
Amusement the disbarment proceedings
brought by the Utah Bar association
against Alviras y. Snow. j. NJ Bow
man and w. II. wilkins The alleged
facts in the case, together with aft
davits by the three defendants explain
ing their position in the matter. were
submitted "a the court yesterday
morning, it holding special session
for the express purpose Of hearing the
cases.
The defendants were present in per-
son and gave a personal explanation
along the lines set forth in their re-
spective affidavts. The pleadings were
listened to By Chief Justice Baskin.
Associate Justice McCarty and District
Judge Thomas Marioneaux the latter
sitting for Associate Justice Bartch,
who was disqualified because the de-
PENDANTS are being tried for statements
made against him I'm suit tried i'm the
district court and then appealed 20 the
state supreme court.
Cited to Show Cause.
The attorneys were cited TO show
cause why they should not be disbarred
because Of the alleged statements made
against Associate Justice Bartch. The
allegations were made in the files of
the suit Of c. u. Morrison VS.. A. u.
Snow and the Morrison Mining com
pany ct al Associate Justice Bartch
was an officer in the company at the
time Morrison sued Snow to secure
possession Of $4,000 shares Of stock.
it was alleged that Associate Justice
BartCh COnnived with Morrison and
used his judicial position to induce him
10 bring the action against Snow for
Nna Of Nar r#- md hot
ne was successful he was to give As
sociate Justice Bartch one-half OF the
stock recovered.
In the lower court a decision was
rendered in favor Of Morrison, but the
charges against Associate Justice
Bartch were stricken from the records.
The case was appealed to the state SUI
preme court, when the judgment Of the
lower court was sustained. It was
then that the disbarment proceedings
were begun.
Defense Of Attorney wilkins.
The first part Of the affidavit Of At
torney wilkins recites the charges pre-
ferred against him by the bar assO-
citation. Continuing, he says that ne
''at the present stage Of the case can
not intelllgently defend himself against
charges Of so vague a character" ask
ing that written charges be filed speci-
flying in detail how and wherein said
alleged unprofessional conduct oc-
cured
Attorney wilkins emphaticaIly DIS
claims any intent TO show disrespect to
the court and argues that his conduct
as an attorney cannot be so construed.
The allegations incorporated in the an
swer Of Snow. his client, to which the
court and bar association took eXcep-
lions because they reflected upon As
II
by him as Shows attorney after the
same had been vOuched for as true by
his client. He AYERS that the matters
and things contained touching the con
duct Of George W. Rartch were a prop
or subject for judicial Investigation in
the trial OF the cause; that they were
made against Associate Justice Barton
''as an Individual and not as a judge. ''
and chat no charge was made OF any
abuse Of his official position. but SIM
ply Of the use Of the weight and in
fuence' derived from his said position,
and that only in so far as the said
Bartch could not IF he engaged in or
binary business affairs with men, d.
vest himself Of the weight OF inhu-
euce' derived from his official post
ton"
Attorney wilkins disclaims that he
was actuated Gin said proceedings by
any malice whatsoever against the
said Bartch," who was a stranger e.
him at that time.
Bowman's and Shows Afhdavits.
In his affidavit Attorney Bowman
early recites that the allegations made
in Shows answer against Justice
Bartch were in good faith. he believing
that his client had good and sufficient
grounds upon which to base his ale
cations; that IN all the proceedings he
simply acted the part Of an attorney
and at no time intended to cast any
Odium upon the state supreme court
or with malice towards the associate
justice.
Attorney Snow swears that the allie
cations he made were not with In
tent to impugn the honor or reflect
upon the integrity Of the said George
w. BartCh as a member of this honor
able court. or as a judicial officer,
that If anything he said was so con-
strued. &c was certainly not intentional
upon his part After citing the fact
that his mining interests are small as