Evening journal., 1905-05-08

levlng them from any Of the legal con-
seucnccs of their acts. A course Of con-
duct has been shown which solicitors Of
the Court of chancery above all other
men, are bound to keep themselves free
rom They are IN position Of high
trust. They are officers Of a court espec all
ly charged with the supervision and en-
forcomont OF trusts. with the protection
of the fatherlcss and with the rghting Of
wrongs which. though they may not be
wrongs within the letter OF the law are
against equity and good conscience.
The Court OF Chanoery holds its So
ncitorf up to the world as men possessing
the learning and integrity that would
justify the confidence that must neccsaar-
lly be roposod upon them. ana they are
comonly appointed trustees from the fact
that their being solicitors of this court
gives them the stamp OF trustworthinoss
and of the special knowledge that marks
them as persons In whom confidence may
without hesitation be reposed Happily.
lt is as true now and Within this juris-
diction as In the time OF Sir John ROM
lily IN his, that the Court Of Chancery
is rarely called upon TO bring them 70
account ia this manner
A father desires by his viii to protect
his daughters, ignorant OF business and
unversed IN the practical management Of
AFFAIRS. from the dangers that attend inn
providence nad rashness or croduiity and
lnoptitude in the control mad Investment
OF the estate he leaves behind him. His
estate is perhaps the accumulation of
lifetime Of industry and self-denial. and
thep rincpal reward Of his llfes labors
consists In the confidence he feels that
| BY putting his accumulations In the GUS
( tody OF a trustee TO act as their financial
safeguard and protector, ne win be able
to insure his daughters against want
while they live and provide FOR their chill
dren after them. The responsibilities OF
such a trust are among the most sacred
that a man can assume and upon this
court. upon the chancellor. is imposed tho
( duty, the heavy responsibility Of bring
ing 90 severe account any solicitor Of the
court who ls clearly shown to have fall
len below the standard required of him
by the obligations Of such a position II is
his duty 20 see to it that any solicitor
who has shown his unfitness for the Of
flee OF solicitor which he holds. by such
malad administration of a trust as is dis
closed by the testimony in this case. shall
not remain in a situation 20 do Injury to
others who might be Induced to trust
him.
IL may be proper for me also to say
that by permitting the respondent to re-
main a solicitor Of this court under such
circumstances. ] would be wronging his
b fellow solicitors anu would bring upon
Z them the evil consequences that must Ger.
( tnlnly ensue from decision that woult
amount 60 nothing less than a judicia
@ determination that such administration
j. OF a trust as has been disclosed in thi
u case. Is not sufficiently Inconsistent will
/. the duties and obligations OF a solicitor
= Is not misconduct that should deprive
y solicitor OF his ONCE and It's attendan
O. I privileges. A new standard would thu
b be established for the officers OF thi
q court. Painful as the duty u.s. am con
{ strained 20 make the rule absolute an,
- order that the name Of James H. Hof
3 fecker, Junior. be struch from the roll
a Of the Court OF Chancery.
T James II. Hofrecker. Jr.. was born Il
this city on April 10. 1850. He graduates
4 from Yale and studied law i'm the Office O
d S. M. Harrington, Jr. lie was admltte
e TO the bar OF New Castle county on No
vember "a. 1873. and formed a law partner
o ship with his preceptor, which continue
Is until the latters death in 1878 subse
IN qucntly Mr.. Honecker and his brother
m Francis H. Honecker, entered into part
N nership and practiced law with offices !
M the Lore Building. This partnership sti
Ne exists.
IN