In re Comyns

• Decision Date: 09 January 1925
• Docket Number: 501.
• Citation: 132 Wash. 391,232 P. 269
• Court: Washington Supreme Court
• Parties: In re COMYNS.

232 P. 269

132 Wash. 391

In re COMYNS.

No. 501.

Supreme Court of Washington

January 9, 1925

Proceedings for the disbarment of Edward M. Comyns, an attorney at law. Respondent disbarred.

Carkeek McDonald, Harris & Coryell, of Seattle, for respondent.

PEMBERTON, J.

The state board of bar examiners recommend the disbarment of respondent under the following provision of the law:

'An attorney or counselor may be disbarred or suspended for any of the following causes arising after his admission to practice: 1. His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evidence. * * *' Section 139-14, Rem. Comp. Stat.

The sole ground relied upon for the disbarment is a certified transcript of the record in the District Court of the United States for the Western District of Washington, showing that Edward M. Comyns has been convicted in that court of having violated sections 37 and 215 of the Penal Code of the United States, as follows:

Section 215: 'Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses representations, or promises * * * shall, for the purpose of executing such scheme or artifice or attempting so to do place, or cause to be placed, any letter, postal card package, writing, circular, pamphlet, or advertisement * * * in any post-office * * * or letter box * * * to be sent or delivered by the post-office establishment of the United States * * * shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.' 7 F. Stat. Ann. (2d Ed.) 812 (U. S. Comp. St. § 10385).

Section 37: 'If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than ten thousand dollars, or imprisoned not more than two years, or both.' 7 F. Stat. Ann. (2d Ed.) 534 (U. S. Comp. St. § 10201).

The conviction in the United States court was appealed to the Circuit Court of Appeals, Ninth Circuit, and the facts are more particularly therein set forth. Byron v. United States, 273 F. 769.

It is claimed by respondent that the crime of which he was convicted does not constitute either a felony or a misdemeanor under the statutes of this state, and therefore the record of his conviction in the United States court is not sufficient evidence to justify the board in disbarring him from the practice of law. Respondent contends that the Legislature, in using the words 'felony' or 'misdemeanor' involving moral turpitude, meant only an offense that is a felony or misdemeanor under the statute of this state, and not a felony or misdemeanor as defined by the laws of a sister state, or by the laws of the United States. Our attention has been called to the following cases supporting the theory of respondent. State ex rel Grievance Committee v. Biggs, 52 Or. 433, 97 P. 713; In re Ebbs, 150 N.C. 44, 63 S.E. 190, 19 L. R. A. (N. S.) 892, 17 Ann. Cas. 592. In these cases the offense constituting the crime was not a crime under the statute of the state in...