The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-15

unthncMngly represented him ut this
hearing with no prop of good repute
upon which TO lean in this hour of
need.
For those who minister in our tenn
pies of justice in the light Of the de-
ductions which. have been hcreinbe-
fore made and the conclusions which
inevitably therefrom hereinafter fol-
low this court can not but call to
their attention the obvious value of
good reputc. "Whilc custom and ex-
perience have placed values upon most
of the treasures of mankind, no ef-
fort of the human mind has ever
been able to determine and estimate
the value of a good charactcr,' but
herein 10 one can fail 10 realize that
IT is i'll a pinch like this That charac-
ter saves a man or the demonstrated
| lack Of it overwhclms him.
Having now reached the conclusion
that respondent has been proved
guilty of the charge of knowingly
presenting false and fictitious aflidav-
its to this court we do not hesitate to
hold, and elaboration Of reasoning is
unnecessary to justify the dccis :un,
rthat for this act, coupled with the
fact that his reputation as an homer
able lawyer is completely brokcr
down and that he has had fair warn.
ing hut has not needed it. he should
he forever disbarred and stricken
from the roll of attorney: oc this
court; and no lesser puniS mcnt
would be commensurate witG the
conduct proved.
Sc much fine language has been
written, and so thoroughly has been
exhausted the theory Of the law
yers' duty to society and to the court !;
and 80 exalted has been the stand
ard which has been fixed and adher-
ed to in this State, and to which
this court will forever insist upon
adherence, that we decline to enter
upon any reitcration thereof herein.
Suffice it TO say that when one of our
lawyers 50 far forget the high ideals
Of his profession as to stoop to the
practice herein proved against rcspon-
dent, and so to have forfeited his
good name amongst his associates
however harsh it may seem and
howsoever much it may bend in pity
over the ruined career of Il fellow
man and of all those affected by its
| Judgment, this court can never hcSi-
tate, either upon its own motion as
herein, or upon proceeding properly
coming before it otherwise, to metc
out the extreme penalty.
Proceeding now to a consideration
Of the charge Of contempt of this
court as against Mr. Duncan, ad-
vanced by the attorney general in
relation to the offensive language
contained in the affidavit Of June 2:
While we feel that it has been clear
ly established that the charges con,
tanned in said atfidavits, as before
stated, are wholly unfoundcd, and
the language wholly unfounded, and
impertincnt and such as would be
visited with proper and appropriate {
punishment. as being in contempt of
the proprietics to be observed in our
courts. yet here the proceedings fol
complete li$barmcn; having prevailed
any punishment, no matter how So
we're, incident to and at all common.
smate with such contempt is SO Who'll
ly swallowed up in that following
SAID disbarmcnt charge that any Of
ficial fixing an enforcement Of
would be futile, and serve but to be
little The terrible penalty which fol
lows the findings herein.
At the conclusion Of the hcarin!
III" attorney general moved that th(
conrt also consider the question: Il,
/" whether or not it would order Sail
affidavit Of June and asked that il
be "Xpn2cd from its record.
We are nn> Hing to grant this mo-
tion. Having considered the affidavit
and found that the charges therein
are unsubstantiated, we. prefer tha,
the whole record should remain az
filed herein, including said affidavit.
The order of the court therefore j.
that said John Y. Duncan be, and he
IS hereby ordered to he stricken from
the roll Of attorneys of this State
and that he appear before the clcrl
Of this court and render mp unto hin
his certificate Of admission to prac
ticc law in this State for cancellation
by said clerk: and that the said Jno
T. Duncan from hnncnfortL nnI e.,