In re Wells

• Decision Date: 17 July 1922
• Docket Number: 439.
• Citation: 208 P. 25,121 Wash. 68
• Parties: In re WELLS.
• Court: Washington Supreme Court

208 P. 25

121 Wash. 68

In re WELLS.

No. 439.

Supreme Court of Washington, En Banc.

July 17, 1922

Proceeding before the State Board of Law Examiners to disbar Hulet M Wells, an attorney. On findings of fact by the board and recommendations that respondent be disbarred. Respondent's license revoked, and name stricken from rolls.

L. L Thompson and O. R. Schumann, both of Olympia, for complainant.

George F. Vanderveer, of Seattle, for respondent.

MITCHELL J.

A complaint was filed with the state board of law examiners against Hulet M. Wells, an attorney at law, charging, among other things, that he had been convicted in the federal court of crimes involving moral turpitude, and seeking his disbarment. Upon a hearing had and evidence taken the board has made findings of fact and conclusions, finding as alleged in the complaint, and has recommended that he be disbarred.

Section 139, Rem. Code 1915, and section 14, c. 126, Laws of 1921 both provide that an attorney or counselor may be removed or suspended for any one of a number of enumerated causes arising after his admission to practice, the first of which is:

'His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evidence.'

The record shows that Mr. Wells was convicted in the district court of the United States for the Northern Division of Western Washington, and was sentenced to the federal prison at McNeils Island. Upon appeal therefrom to the Circuit Court of Appeals the judgment of the District Court was affirmed. Wells v. United States, 257 F. 605, 168 C. C. A. 555. The crimes of which he was convicted are shown by a condensed statement of the allegations of the indictment, found in the opinion of the Circuit Court of Appeals, as follows:

'The plaintiffs in error, defendant below, were indicted by two counts, charged with conspiracy under section 6 of the Criminal Code (Act March 4, 1909, c. 321, 35 Stat. 1089 [Comp. St. § 10170]). The first count charges that the defendants, on April 25, 1917, conspired together and with sundry other persons 'to oppose by force the authority of the United States, and by force to prevent, hinder, and delay the execution of a law of the United States; that is to say,' the defendants, naming them, did 'conspire confederate, and agree together, and with divers and sundry other persons to the grand jurors unknown, by force to prevent, hinder, and delay the execution of the joint resolution of Congress of the United States made and approved on the 6th day of April, A. D. 1917 (40 Stat. 1, c. 1), then and there declaring a state of war to exist between the United States and the imperial German government, and directing and authorizing the President of the United States to employ the entire military and naval forces of the United States and the resources of the government to carry on war against the imperial German government, and to then and there oppose by force the authority of the United States and the authority of the President of the United States in carrying into force and effect the provisions of the law then existing which related to the armed military and naval forces of the United States, and to then and there by force prevent, hinder, and delay the execution of such acts of Congress enacted after the adoption of said resolution declaring war between the United States and the imperial German government, hereinabove referred to, for the purpose of carrying into execution the plan and purpose of said resolution; it then and there being the purpose and intention of the said defendants, and each of them, together with such other persons as they might, or could, induce, incite, and encourage to co-operate with them in their plan, and to join their said conspiracy to oppose by force the authority of the United States, and to prevent, hinder, and delay the execution of the said joint resolution of Congress declaring war hereinabove referred to, together with such other laws as then existed or as might thereafter be enacted in pursuance of said joint resolution of Congress declaring war, and it then and there was the further purpose, plan, and object of the said defendants, and each of them, to prevent by force the proper organization of armed military and naval forces of the United States, and the proper disposition of said force under and by virtue of the authorities of the United States in conducting said war so declared and resolved for by the said Congress of the United States.'

'The allegations of the second count are of similar import, except that they are more specific as to the laws, the execution of which it is alleged the defendants conspired by force to prevent, hinder, and delay. These laws, as specified, are: First, the joint resolution of the Senate and House of Representatives declaring war between this country and Germany; second, the act of Congress approved June 3, 1916 (36 Stat. 166, c. 134), entitled, 'An act for making further and more effectual provision for the national defense, and for other purposes,' special reference being had to sections 57, 59, and 111 of said act (Comp. St. §§ 3041, 3043, 3045);

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