In Re Hahn

THE COURT.

Petitioner herein on the twenty-sixth day of July, 1915, was, after examination duly made, admitted to practice law in all the courts of the state. In November, 1917, the Bar Association of Los Angeles County filed in the superior court an accusation wherein there was set forth a description of certain acts done by this petitioner while practicing his profession. The accusation contained three counts. The first set forth language used by petitioner in the argument of a criminal case in the superior court, which language was offensive and vituperative in character and wholly unjustifiable from every standpoint of professional ethics. In a second count it was charged that petitioner, by way of advice to several persons and in the presence of the officer named, said: “The next time Officer Whaples comes into this house I advise you to stab, injure him in any way, or even kill him, and I will defend you.” The third count contained the charge that petitioner had procured a complaint to be verified containing a statement which he knew to be untrue. After hearing the evidence in support of the

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accusation, and petitioner’s defense thereto, the superior court on March 5, 1918, made its judgment depriving petitioner of any further right to practice law. On March 8, 1918, petitioner enlisted as a private soldier in the army of the United States and on July 2, 1918, was sent with the Expeditionary Forces to France, where he saw active service on the battle front, attaining the rank of sergeant. In May, 1919, he was returned to the United States and received honorable discharge from the service. In July, 1919, he presented to the superior court his petition that he be reinstated as an attorney and counselor at law. After due consideration of the matter, and assuming that jurisdiction was reposed in that court so to act, the superior court made its order setting aside the judgment of disbarment and reinstating petitioner according to his prayer, whereupon he resumed the practice of his profession and continued thereat until January, 1921. At this time the district attorney filed an affidavit in the superior court alleging that this petitioner had never been legally reinstated in the right to practice and that his appearance in court as an attorney amounted to a contempt. The action of the district attorney was taken under the view that the superior court was without jurisdiction to make the order of reinstatement. The decisions