People ex rel. Brundage v. Blakemore

141 N.E. 138, 309 Ill. 311
CourtIllinois Supreme Court
DecidedOctober 20, 1923
DocketNo. 15190
StatusPublished

This text of 141 N.E. 138 (People ex rel. Brundage v. Blakemore) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Brundage v. Blakemore, 141 N.E. 138, 309 Ill. 311 (Ill. 1923).

Opinion

Mr. Justice Carter

delivered the opinion of the court:

This was an information instituted by the People, on the relation of the Attorney General, against the respondent, Herbert D. Blakemore, asking that he be disbarred from the practice of law. The matter was referred to a commissioner, who heard the testimony and reported the same, together with the finding that the course of action pursued by the respondent was unprofessional and dishonorable and denoted a lack of good moral character and was calculated to bring the courts of justice into disrepute and to tarnish the good name and fame of the legal profession, and that he had been guilty of malfeasance in his office as an attorney of this court. The respondent filed objections to the commissioner’s report, which were overruled, and they are filed in this court as exceptions. The cause is now before this court on the findings of the commissioner, the exceptions of the respondent and the evidence taken before the commissioner.

This court has frequently said that “everything necessary to a decision of questions raised by an appeal must appear in the abstract.” (City of Mt. Carmel v. McClung, 269 Ill. 450.) The proceeding here is an original one upon information in this court. However, a similar principle should apply as in the case of an appeal. Printed papers in lieu of an abstract should contain all matters necessary for the decision of the issues presented. In this case it has been necessary to resort to the record - for the text of the information and for the articles upon which the information is based. The court would be much convenienced by having these documents presented in the printed papers submitted to the court, rather than have the burden of resorting to the record for documents necessary in order to decide the case.

The respondent, Herbert D. Blakemore, was admitted by this court tó practice as an attorney in 1883. According to his brief he did not engage in active practice from 1885 to 1920 but resumed practice at Rock Island on the last mentioned date and has continued to practice there ever since. The substance of the charge is, that the respondent, having a claim against a corporation and having access to the columns of a newspaper, threatened to use, and did use, the columns of that newspaper for the purpose of attacking the persons against whom he had the claim, in order to enforce the payment of the claim by blackmail. The facts and circumstances in support of this charge, as established by the evidence and by the admissions of the respondent, are as follows:

The respondent had a claim against the Plow City Oil and Gas Company for moneys advanced and promotional services rendered such company. This company had apparently entered into a transaction with the Texas Eureka Oil and Refining Corporation by which the latter was to take over certain property and obligations of the Plow City Company, the transaction in this connection having been handled through Harry E. Haley, of Chicago. On September 22, 1919, the respondent wrote a letter addressed to Haley and to George R. Smith, of Geneseo, one of the directors and secretary and treasurer of the Plow City Company. With this letter he enclosed a statement which he said would appear in the Rock Island News on October 4, setting forth matters derogatory to the Texas Eureka Company and to its transactions in connection with oil stock brokerage and the sale of oil stock. It is admitted that the proposed article so enclosed was written by the respondent and appeared in the issue of the Rock Island News for October 11, 1919, and that two additional articles of much the same character, written by the respondent, appeared in the same newspaper under dates of October 18 and October 25, 1919. It is also admitted that the respondent wrote and mailed the following letter to Joseph Shaw on November 13, 1919, who in some manner represented Smith and the Plow City Company:

“Rock Island, III., Nov. 13, 1919.
Joseph Shaw, Esq., Attorney at Law, Geneseo, III.:
“Dear Sir — I suppose you are aware that the contract of sale between the Plow City and Haley, representing the Texas Eureka, fixing the amount to be paid me, is conclusive and binding upon the Plow City. The purpose of securing a resolution of approval was simply to get my judgment at once, as the contract could not be availed of except upon a trial. But so much for that. If Brown demands a trial the case cannot come up until January, but we will be on hand then with enough evidence, aside from the admission of the Plow City as contained in this contract, to secure a judgment for the entire amount of my claim.
“But the main purpose of my writing you is to advise you that the columns of the Rock Island News have been placed at my disposal, to use as often and as much as I please. I have been absent from Rock Island for about three weeks, except one day in Moline to attend the directors’ meeting, and have, in consequence, missed out as to one or two issues of the paper. I do not know whether the article prepared for this week will get in or not. I am rather inclined to think it was sent too late for insertion before the forms closed. But from now on every issue of the paper will contain as severe a lambasting of the Texas Eureka and the gang of Henry county and Chicago as I am able to indite. And this will he kept up, — a continual hammering of the company until it is completely on the rocks. Up to date I have contented myself with putting the hooks into the company and its officers, and for several more issues I will continue doing so, as I have material for a number of articles showing up Carlin and Haley. Of course, their coadjutors, the directors of the Texas Eureka, will not be disturbed by these articles because they happen to be rather deep in the mire themselves, but there are the stockholders of the Grayson, whose notes to the News called out by spiels shows that they are thinking a thunk, and it is the expectation of the writer that some of them may be impelled by the frauds practiced upon them to bring court proceedings against the gang. An offer of this kind is likely to be made in the near future in the News, with agreement to furnish counsel free to anyone who desires to secure a show for his white alley.
“As I say, I have confined my attack heretofore simply upon the demerits of the Texas Eureka and the gang controlling the same and the Grayson. I am gathering new data relative to the several directors and their plunging, reckless methods of doing business. This information is coming to me unsolicited, showing that the opinion I have of them is shared by their neighbors. I propose at the proper time to unfold something of the peculiarities of the secretary of the Texas Eureka, George R. Smith, along moral lines. I refer to certain episodes which Smith himself told me; one during the present year with a woman of loose habits at the Mercer Hotel, in Kansas City; another with a naked woman in a sleeper coming from Sioux City; and a third in a sleeper coming from Minneapolis. I think if these things were written up at length, say a two-column article, and appear once a week for three successive weeks, or perhaps once every two weeks to extend the time they appear, they might prove attractive reading for his family and the people of Geneseo. Smith knows what I refer to, and I will simply tell the truth about them as he told me.

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Related

City of Mt. Carmel v. McClung
269 Ill. 450 (Illinois Supreme Court, 1915)

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Bluebook (online)
141 N.E. 138, 309 Ill. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-brundage-v-blakemore-ill-1923.