14 Mont. 12 | Mont. | 1894
This is an application for the disbarment of Peter M. Baum, an attorney of this court. The relator, Charles H. Benton, judge of the eighth judicial district court, filed, in this court, written charges against said Baum. An
We will give our attention to only two of the charges. The first may be stated as follows: Joseph Horn employed Baum to prosecute an action for him, in a justice court, against one James Baatz, on a claim amounting to $71.50. The price agreed upon for the service was $25, which amount Horn paid to Baum. The service was performed, and judgment was rendered in the justice court for $60 in favor of Horn. Baatz appealed to the district court. Thereupon Baum and Horn made a second agreement that Baum should try the case in the district court for another $25. This amount was also paid by Horn to Baum. In the district court, Horn obtained a judgment against Baatz for $30. Thereupon a third contract was made between Horn and Baum, by which Baum agreed to appeal the case, and argue it in the supreme court, for another $25. This money was paid by Horn, and accepted by Baum. Baum did not appeal the case to the supreme court, but allowed the time for so doing to expire. Judgment for costs was entered against Horn in the district court by reason of the fact that the judgment of the justice of the peace was reduced on the trial de novo in the district court; The sheriff collected this judgment for costs from Horn. The defendant, Baatz, against whom was the judgment for $30 in the district court, paid that amount of money into court in satisfaction. Baum, as Horn’s attorney, received this $30 from the clerk of the district court, less $7 costs, which belonged to the justice of the peace. This $23, so received by Baum, he retained, and converted to his own use.
¡s,. The second charge is as follows: One Robert Temple was
At the hearing before the referee, Mr. Baum appeared in person, and was present at every session, the referee never proceeding with testimony until Baum appeared. Baum was not only afforded a full cross-examination of the witnesses for the state, but he was permitted to revile the witnesses and counsel, to insult the referee, to ridicule the proceedings, to challenge persons to fight, and to indulge generally in such disgraceful conduct that we much regret that the referee did not stop the hearing, and at once certify to us the acts which were taking place before him, for the referee was a part of this court, and Baum’s offenses against the referee were offenses against the court. (In re Haldorn, 10 Mont. 222.)
Perhaps it may not be amiss to note a few examples of Baum’s conduct. Early in the proceedings Mr. Baum remarks “ that he does not care any thing for the people who appear in this proceeding; that he defies them, and defies the supreme court to do him any harm in tliis case; and that nothing can be proved. I say that Ed L. Bishop never made a cent in this country until I took him into business. I took him into my office a pauper. That he don’t know enough to chew gum, and has cheated me every time he has had a chance.”
Again, Baum remarks; “ Mr. Baum asks now that you
The two charges above, recited were clearly and amply proved by the witnesses for the state. We will examine the Horn matter for a moment. It is proved beyond a cavil that there were three express and well-understood contracts between Horn and Baum—one contract to try the case in the justice court for $25; another, to try it in the district court for $25; and the third, to appeal and try it in the supreme court for $25. These several amounts were all paid to Baum. He performed the first two services. He was paid to appeal the case to the supreme court. He did not forget to take the appeal. He deliberately did not do it, but, on the other hand, did something else; that is to say, during the time within which he might have appealed, he went to the clerk’s office and collected $23 which had been paid into court for his client on the judgment from which he had agreed to appeal. This $23 he appropriated and converted. So he not only deliberately and knowingly omitted to do that which he had agreed to do, and had been paid for doing, but he also converted a sum of money belonging to. his client. There is no pretense, by the mouth of any witness, that Baum had, or ever made or pretended to have, any claim upon this $23 for fees owing from Horn. In Baum’s cross-examination of Horn he tries to make it seem unreasonable and ridiculous that an attorney would agree to take a case to the. supreme court for $25, and that therefore it must be untrue that he agreed to do it. It may be unreasonable to believe that an attorney would attempt such a service, paying costs, transcribing, printing, and expenses, for $25. But Baum did not attempt the service. The evidence does not show that he ever intended to take the appeal,
We will look at the Temple charge. Here the evidence is just as clear. It is established that Peter M. Baum opened Robert Temple’s letter; that he took therefrom Temple’s check for $100; that he indorsed Temple’s name, and collected Temple’s money, and put it into his pocket—and all this without permission or authority, expressed or implied. There is no pretense here that, even if Baum had obtained possession of this money lawfully, he had any right or claim or lien upon it, for fees or otherwise. Upon the last day that evidence was taken Mr. Baum was present, as he was at every hearing. An adjournment was taken to March 4, 1893, at 10 A. M. Adjournments were taken as follows: To the same day at 2 u. m.; to March 13th, 10 A. M.; to March 27th, 10 A. M.; to April 19th, 10 A. M. At none of these hearings did Baum appear. The referee then closed the hearing. Mr. Baum did not offer a syllable of proof, by himself or any other witness, in contradiction of the charges and testimony of the state.
As above noticed, he has left this jurisdiction. We have held the report of the referee from the date of its filing, May 23d, until this time, January 2,1894, so that respondent should have ample opportunity to make a defense. After the filing of the complaint in this matter, and pending the proceeding, Baum’s conduct towards Judge Benton was such as was utterly unbecoming an attorney. About the time the hearings before the referee were being continued from day to day, awaiting Baum’s presence, some further affidavits were filed in this court setting forth Baum’s conduct. Although evidence was not taken upon these charges, the affidavits were made by respectable persons of Great Falls, and Baum has never appeared to controvert the charges therein contained. It may therefore be proper to refer to them in connection with the other matter above reviewed. It is set forth that Baüm, in the presence of several persons, stated that Judge Benton was a hypocritical - --- -, and ought to be impeached; that he (Baum) owned the court (referring to Judge Benton); and that “Charley Benton
We have the following statute: “In all cases where an attorney of any court of this state, or solicitor in chancery, shall have received,, or may hereafter receive, in his said office of attorney or solicitor, in the course of collection or settlement, any money or other property belonging to any client, and shall, upon demand made, and a tender of his reasonable fees and expenses, refuse or neglect to pay over or deliver the same to the said client, or to any person duly authorized to receive the same, it shall be lawful for any person interested to apply to the supreme court of this 'state for a rule upon the said attorney or solicitor to show cause, at a time to be fixed by the said court, why the name of said attorney or solicitor should not be stricken from the roll, a copy of which rule shall be duly served on said attorney or solicitor at least ten days previous to the day upon which said rule shall be made returnable; and if, upon said rule, it shall be made to appear to the said court that such attorney or solicitor has improperly neglected or refused to pay over or deliver said money or property so demanded as aforesaid, it shall be the duty of said court to direct that the name of said attorney or solicitor be stricken from
Furthermore, perhaps it is not amiss to state that this court was then addressed in behalf of Mr. Baum by gentlemen of the bench and bar in high standing in sister states. Mr. Baum was by us given the opportunity to secure an honorable place in his profession in a rapidly developing community, and among a generous people. It is characteristic of the people of the west to forgive the past, and to give the helping hand of fellowship to every struggler for a larger day and better life. Mr. Baum has flagrantly abused this sentiment of the court and the people of this state. It is the judgment of this court that the license, as an attorney, of Peter M. Baum, is revoked, and that his name be stricken from the roll of attorneys of this court, and that he is debarred from practicing in any of the courts of this state, or from exercising any of the privileges of an attorney or counselor of law.