In Re Wells

On October 20, 1915, T. Alonzo Wells applied to the district court of appeal of the third district for admission to practice law, under section 279 of the Code of Civil Procedure, and in support thereof produced a license purporting to admit him to practice law in the state of Nevada, issued to him by the supreme court of that state in October, 1915, and procured one H. N. Mitchell, an attorney at law regularly admitted to practice in this state, to vouch for the good moral character of said Wells, and to move said court that his said application be granted. Thereupon said district court granted the application and made an order admitting said T. Alonzo Wells to practice law in the courts of this state.

Thereafter, on December 8, 1915, five attorneys, members of the bar association of Orange County, and constituting a committee appointed by said association to act in that behalf, filed in said district court a petition to set aside and vacate the aforesaid order admitting said Wells to practice. The basis of this petition, in brief, was that said Wells was not a person of good moral character, as represented to said court upon his admission, but was an untrustworthy person who…

I dissent.

My view is that this matter is not one as to which ihis court has the power of transfer under the provisions of section 4 of article VI of the constitution, that the order purporting to transfer the same to this court after decision by the district court of appeal of the third appellate district is a nullity, and that we have no jurisdiction whatever in the matter. It may properly be added that it seems to me that what is said in the opinion as to the meaning of the word "cause” as used in the provision quoted in the opinion is contrary to our decision in Ex parte Zawy, 164 Cal. 724 , [ 130 Pac. 710 ], wherein it was held after most careful consideration, Mr. Justice Shaw alone dissenting, that no such power of transfer exists as to a hádeos corpus proceeding. The opinion herein recognizes that decision as settling the law on that question.

Rehearing denied.