Ewell

This is a proceeding instituted for the purpose of reviewing the action of the board of governors of The State Bar of California in recommending the suspension of petitioner as an attorney at law of this state for the period of one year.

On May 25, 1933, local administrative committee No. 2 for the city and county of San Francisco, pursuant to the provisions of the State Bar Act regulating the practice of law and providing penalties for the violation of said act, issued an order directed to Raine Ewell to .appear on June 13, 1933, before local administrative body No. 5 and show cause why he should not be disciplined for professional misconduct alleged to have consisted in the violation of rule 2, which in terms provides that “a member of The State Bar shall not solicit professional employment by advertisement or otherwise”. The specific acts as alleged in the notice to show cause, briefly stated, were that prior to May 1, 1933, Eugene H. O’Donnell, a practicing attorney of the city and county of San Francisco, had been retained by Meta Cor-ville to defend one Herschell Rutherford, who was imprisoned in county jail No. 1, upon a commitment by a magistrate to answer to the charge…

I dissent. In view of the record in this case, and particularly in view of the findings of The State Bar, I am of the opinion that the recommendation of the board of governors that the petitioner be suspended from the practice of the law for a period of one year should be approved.

Shenk, J., concurred.

Rehearing denied.