Oppenheim

This is a proceeding instituted in this court for the disbarment of Morris Oppenheim, an attorney and counselor, for -conduct involving moral turpitude. Defendant was at all the times mentioned in the accusation one of the police judges of the city and county of San Francisco, and, as in the case of San Francisco Bar Assn. v. Sullivan, 185 Cal. 621 , [ 198 Pac. 7 ], all the charges against him are for acts and conduct on his part with relation to matters coming before him as such police judge. Three separate specific charges against the accused are made by the accusation. The accused denied the truth of each charge. By order of the court, the evidence in support of and against the charges was taken by the chief justice, and the transcript of the evidence taken has received full consideration at the hands of each member of the court.

*76 The charges are of the same general nature as those made against John J. Sullivan in the proceeding referred to above. In the opinion in that matter we sufficiently discussed the rules of law applicable, and it is not necessary to repeat that 'discussion here. In this matter, as in the Sullivan case, the only direct evidence of guilt of the…

I dissent. According to the evidence of the accuser, Riccardi, in the corridor before court convened, was told ¡by the officer who made the arrest about Imperiale and his owning three Pierce^Arrow automobiles.- Riccardi scented the chance to work the system, so he immediately went to McDonough’s and, upon a promise to share the fruits of the enterprise with him, enlisted his co-operation. Riccardi then went to the courtroom, where he was a witness of the proceedings. When the accused came on the bench the case was called but the determination of Mr. Filippini’s application for bail was deferred until the officer appeared. The statement of the officer that it was a serious case, which was accepted by the accused, and the order of bail of five thousand dollars bonds or two thousand five hundred dollars cash followed. Mr. Filippini took issue with the statement of the officer and addressing the court stated he had known the defendant, that he was a responsible man, and applied for lower bail. The accused, in a loud voice, answered, “That is the order.” Mr. Filippini replied, “Very well, if that is the case I will see if I can raise it.” Riccardi promptly returned to McDonough and…