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

county who has so generously and
unfIinchinely represented him at 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-
dnctions which, have been hereinbe-
fore made and the conclusions which
inevitably therefrom hereinafter fol-
low this court can not but call to
their attention the obvious value OF
rood repute. "While 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 eharacter,' but
herein no one can fail to realize that
it is in a pinch like this that charae-
ter saves a man or the demonstrated
lack of it overwhelms him.
Having now reached the conclusion
that respondent has been proved
guilty of the charge of knowingly
presenting false and fictitious afidav-
its to this court We do not hesitate to
hold. and elaboration Of reasoning is
unnecessary to justify the decls: s:on,
that for this act, coupled with the
fact that his reputation as an honcr-
able lawyer is completely broken
down and that he has had fair warn:
inc but has not needed it, he should
be forever disbarred and stricken
from the roll of ATTORNEYS of this
court; and no lesser punis 'mert
would be commensurate with 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 50 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 reiteration 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 respon-
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 a fellow
man and of all those affected by its
Judgment, this court can never hesl-
tate, either upon its own motion as
herein, or upon a proceeding properly
coming before it otherwise, to mete
out the extreme penalty.
Proceeding now to a consideration
Of the charge Of contempt OF this
court as against DIR. Duncan, ad-
vanced by the Attorney general In
relation to the offensive language
contained in the affidavit Of June z:
While We feel that it has been GEAR
" established that the charges con-
tanned in said ahidavits, as before
stated, are wholly unfounded, and
the language wholly unfounded, and
impertinent and such as would be
visited with proper and appropriate
punishment, as being in contempt OF
the proprieties to be observed IN ou1
courts. yet here the proceedings tor
complete disbarment having prevailed
any punishment, no matter how Sc
we're, incident to and at all commen'
surate with such contempt is so Who'll
ly swallowed up in that following
said disbarment 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 hearing
the attorney general moved that the
coart also consider the questions a:
10 whether or not it would order saiC
affidavit Of June 2 and asked that il
be cxpunged from its record.
We are unwilling to grant this mo-
tion. Having considered the affidavit
and found that the charges therein
are unsubstantiated, We prefer thai
the whole record should remain al
filed herein, including said affidavit.
The order Of the court therefore i
that said John T. Duncan be, and he
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