The San Francisco call., 1909-05-30
AS LAWYERS
SEE COLLINS
AND ABE RUFF
Curtis II. Lindley, President of
Association, Writes on Status
of Convicted Lawyers
Ignominy of Public Exposure
Considered Enough Suffering
Without Disbarment

Editor of The Calm your editorial
on the 2sth inst. you refer to the fact
that Collins and Ruef. although under
conviction for crime, are still prac-
ticing law, for which you are disposed
to hold the bar association responsible
You were kind enough to quote an
isolated sentence from the presidents
address at the recent bar association
banquet and take that as a text for
your exceedingly we'll phrased and
readable comment.
With reference to the attitude of the
public toward the profession to which
it is my high privilege to belong the
presidents address was as follows:
The lawyer in his individual aspect in
the domain of litigation. is. according 10
best professional ideals and in eontenpla-
tion of the law, but an instrument. III the
administration of justice. whose duty II is
to aid in the ascertaiument of the truth.
In the field of economic development his in
huence and alta inmenJs devoted 10 con-
structive work of the highest order.
ATTITUDE OF PUBLIC
The mental attitude of the public toward
him individually is as a rule. that Of trust
and confidence in the conduct OF the business
ship between attorney and client rests on these
elements. collectively, as an organized body;
and in a general popular sense. the protes-
Sion is at times regarded with dstrust- The
average citizen is too apt TO look upon the
average lawyer as existing in the main Tor
the purpose Of stirring up strife defeating
justice. organizing piratfcal excursions into
other peoples pockets. and advising clients,
individual and corporate. TO how FAR they
may go without breaking into Jail. BY
sort of leveling process the popular Judgment
is ant to classify all lawyers in the pigeon
la.,la al bT he whose practiFeS
may be the subject of just criticism or right
eous condemnation, according 10 the grade OF
the offense.
This attitude is IN the main accounted for
by ignorance. congenital or studiously acquired.
and unrea sonng prejudice. Some of II is
engendered ny unfair and dishonest criticism
in certain classes of purveyors of so called
public news. For some of it we are our
selves individually and collectively. respon-
sible.
ATTITUDE OF LAWYERS
We are too self-centered too much absorbed
in our individual professional lives and the
immediate demands of the hour. to take heed
of our duties to our profession and its good
name and the sphere Of influence we saouid
organization in our social and
civic environment.
IL is certainly within our power to mod
crate if not eTace. much Of this hostile
attitude TO the profession as we are responsible
for
The somewhat quaint though forceful dedi-
cation TO Bacons tracts might serve as text
for a sermon on this subject
from the which as men OF course do seek TO
receive countenanee and profit. 50 ought they
Of duty 10 endeavor themselves by way OF
amends TO be a help and ornament thereto
EDITORIAL WAS TIMELY
Your editorial is a timely demon
stration of the truth of some of the
foregoing remarks.
You charge the bar association with
being responsible for the professional
activities of the two men above named,
with the county jail as base OF opera
tions.
You also make the statement that
these two men are members of the
association in good standing.
1 feel assured that The Call is dis
posed TO be fair and does not desire
knowingly TO misinform the public as
TO the status of the bar association,
its functions and duties, or its sins of
omission or commission. particularly
at time when an earnest effort is
being made TO overcome inertia and
circumvent cussedness. In other
words. The Call does not wish to be
placed in the class of "purveyors of
public news" referred to in the presi-
dents address above quoted.
4yISINF0RMATIoN- CORRECTED
/ invite your attention TO the fol-
lowing misinformation and misconeep-
tions contained in your editorial:
/. Neither Ruef nor Collins is
.practicing law in the ordinary ac-
centance of the term Their efforts
in this behalf have largely been di-
rected toward extricating them
selves from their individual diff
culties. a right guaranteed to them
by the constitution. regardless of
their calling or professional attain
ments. 1t is possible that in their
present enforced environment they
have been giving aid and comfort to
others similarly situated. which is
privilege bar associations could not
abridge.
Neither of them is a member
of the bar association. One of them
never was member. The other
withdrew some 10 or II years ago
and long before his present troubles
arose
3. The bar association may disci-
pline its members for certain grades
of professional misconduct, outside
of the statutory grounds of disbar-
ment. For such offenses the asso-
citation has no jurisdiction over non
members
1. AS to the disbarment of Offend
ing members of the profession, the
association has undoubtedly at times
a duty to perform. whether the Of
tenders are in or out of the asso-
citation But it must be borne in
mind that the association is vol
untary one performs no judicial
functions, can not enforce the at
tendance of witnesses nor admins
ter oaths-
LAW GOVERNING THE BAR
without attempting to codify here
the entire law governing proceedings
of this nature. it is well to consider
certain general rules which are con
trolling:
Where a lawyer is charged with and
is being prosecuted for a crime COM
mitted in his individual nonprofessional
capa city. disbarment proceedings based
upon such charge must abide the event
of the trial in the criminal courts. Your
attention is called TO the fact that the
bar association in 1905 instituted pro-
ceedings in the supreme court to disbar
George d. Collins. The proceedings
were Intellectual. as having been pre-
maturely brought. There had been no
conviction of the offense charged A
Judgment of conviction is not final IL
appealed from, until it is affirmed by
the appellate tribunals. In neither the