The report of the entire committee on grievances of the Chicago Bar Association, sitting as commissioners of the. court, found that respondent had been guilty of unprofessional conduct on twenty-two different specifications and recommended a suspension for two years. The board of managers, on a thorough consideration of the record, dismissed 14 of the 22 specifications, and as to the remaining eight recommended disciplinary action in the form of censure. Now, the majority opinion finds nothing in the record that denotes a lack of integrity but holds that, because of a course of conduct that was only mildly irregular, he should be censured. I am not altogether in disagreement with that result but the manner in which it is reached is what troubles me.
The majority opinion has not adequately portrayed the eminence of the respondent as a lawyer and a political leader. He graduated from DePaul Law School in June, 1934, after a struggle to overcome many hardships and disadvantages. In 1942 respondent became associated with Levinson, Becker, Peebles and Swiren. His active practice of law with this group gave him wide and valuable experience. Respondent remained with that firm until his election as alderman in the 40th ward, Chicago, in April, 1947, whereupon be became associated with Bernard Savin in the practice of law.
The respondent has written many legal articles on subjects of taxation and estate planning. He contributed an entire chapter in a two-volume set entitled “Preparing and Trying Cases in Illinois” sponsored by the Illinois State Bar Association. He was executive director of the DePaul University Institute on Federal Taxes and editor of its published proceedings. He has lectured on the subject of Federal taxes at the Lawyers Post-Graduate Clinic given at Chicago University. He was active in independent groups of the city council of Chicago, which had for their purpose the improvement of local government. His most important public service was evident as a member of the Chicago Home Rule Commission, appointed by Mayor Kennelly to formulate recommendation for modernizing Chicago’s city government. Harland Stockwell, executive secretary of the Civic Federation of Chicago, which is known as the people’s watchdog of government in Illinois, testified: “I have dealt with hundreds of public servants in my job and I think I am a good judge of their moral and intellectual integrity, and I put respondent at the very top of men I have known among public servants. He has ability and above all, intellectual integrity, in my opinion.”
At the time of the difficulties that these proceedings posed, respondent was unquestionably on his way to greater political recognition. The pertinence of these observations will appear subsequently.
Turning now to the report of the board of managers and the committee on grievances as commissioners, where 14 counts were found not to have been sustained by the evidence, we have this uniform finding: “Blonsley’s malice, his refusal to testify fully, his refusal to produce his books and records, the impeachment of his testimony, and his general behavior as reflected in the record, the Commissioners find that his testimony in this proceeding is not acceptable; that, therefore, the charges were not established, as required by law, by clear and convincing proof.” I shall quote from the report as to what they have to say with reference to count II, which is typical of the 14 charges that were dismissed. “On March 27, 1947, Eugene C. Jachimowski, a lawyer representing Joseph Piech, filed an application for a zoning variation for the property at 3000-3008 Elston Avenue, in the 40th Ward. Jachimowski testified that before that, the then alderman, Samuel Gurman, had after an investigation advised him, Jachimowski, that Gurman was satisfied that the community would welcome such a variation. After the application had been granted and an ordinance passed consonant therewith, it appeared to be necessary to file an amendment so as to have the variation appear in the name of the lessee rather than that of the owner. Jachimowski testified that following the filing of this amended application, Blonsley telephoned him and said the application was not meeting with the favor of the constituents of the ward, that if Jachimowski wanted to succeed, he would have to use Blonsley, since Mr. Gurman was now deceased. He testified further that thereafter he paid Blonsley a fee, the application was apprvoe'd by the Board of Zoning Appeals and passed by the Council. Jachimowski had never made contact with respondent directly, although Blonsley gave him the impression that he was respondent’s representative and in position to malee trouble. Jachimowslci then wrote to Blonsley employing him as co-counsel, on May 9, 1947. On May 13, 1947, Blonsley wrote to respondent advising him that there had been objection to the proposed use, that the application had been taken under advisement, that the matter would come to respondent’s attention before the City Council, and that Blonsley would appreciate any courtesies extended by respondent in securing passage of the variation. On June 17, 1947, Blonsley wrote another letter to respondent telling him that although the application had been approved by the Board, no action had been taken in the Council and that it was essential to have quick passage of the ordinance, or the proposed tenant would not sign the lease. On June 25th, the ordinance was passed unanimously and respondent was present and voted. Blonsley received for fees One Hundred Dollars on May 10, 1947, and a balance of Four Hundred Dollars on May 12, 1947. He testified that he issued a check to respondent for One Hundred Twenty-five Dollars, dated May 12, 1947, Complainant’s Exhibit 120, and one to Becker and Savin for One Hundred Twenty-five dollars on the same date, Complainant’s Exhibit 121, at respondent’s request, as respondent’s portion of the fee. Respondent denied that he had anything to do with the matter or that the checks represented a fee split. He could not testify what they were paid for except that they had nothing to do with the Piech transaction.” Then followed the ruling that such charge was not sustained because of Blonsley’s unreliability.
There is no dispute as to any of the foregoing facts pertaining to the Piech variation proceeding, except the two checks for $125 each. Respondent admits that he received and cashed these checks but that they did not relate to the Piech variation fees. It is significant to note that in each of the 14 cases respondent admitted receiving and cashing checks but denied that they were related in any way to Blonsley’s zoning activities. He feebly and vaguely explained that such checks must have been received by him as repayment for monies that he had previously loaned Blonsley.
It is my opinion that the commissioners were-incredibly naive in believing such a story. It may very well be that Blonsley’s disclosures are the product of hate and malice, but that does not render them necessarily untrue. In this record is found documentary support for Blonsley’s testimony. Of considerable importance in this dispute is the testimony of Godown, an examiner of questioned documents who testified for the complainant. He examined all the checks given by Blonsley to respondent and examined them in connection with the book entries made by Blonsley reflecting the transaction. The expert said: “There are a number of reasons why I would not feel that there had been a fabrication here: Because the appearance and the arrangement, alignment, and the various intensities of the writing on these pages of the exhibits is in keeping with the normal carelessness with which day-to-day or periodic entries are made, and they lack the uniformity in these various features that are very frequently found in connection with manufactured documents and book entries. There are numerous factors that taken together lead me to the opinion that I have expressed here: that they are entries that were made on or about the dates in the normal course of business.” I shall quote from the expert’s testimony as it related to count II which has heretofore been mentioned. “I encountered a couple of instances, there, that I would interpret as being definitely in favor of the authenticity of the book entries in that in one instance there are two consecutive checks on the same date made payable both to an individual and to a law firm, a partnership, that together aggregate the same as two previously dated book entries of dissimilar amounts. I think the whole amount was $250 which was made up of a couple of book entries, and the payment is made in two even payments of $125 each.” Referring to an entry as to Joseph Piech, the witness stated: “There is an amount received on the 10th of $100 and on the 12th of $400, and a disbursement, apparently, on the 10th of $50 with a disbursement on the 12th of $200, and these are represented in the checks by two checks for $125, exhibits 120 and 121, issued on the 12th. * * * if one were to gO‘ back to fabricate these pages, that would be a rather elaborate procedure.” So it can be observed that there is very convincing evidence that the two $125 checks were given respondent for the purposes outlined by Blonsley.
Count XXII, which is a declaratory judgment matter pertaining to the Lincoln Village Shopping Center, presents some interesting aspects. In behalf of Lincoln Village Shopping Center, Blonsley filed an application for a variation with the board of zoning appeals which was denied. Later he filed a suit for a declaratory judgment and a final decree was entered setting aside the zoning law as to the premises involved. The report of the board of managers recites: “Blonsley received a total fee of $2,000 for his services in this matter. He testified that this fee was divided as follows: $250.00 to Nathanson, who was then head of the Zoning Department of the Corporation Counsel’s office, by a check for $250.00 payable to cash. Blonsley testified that on this check (complaint’s Exhibit 221) there are the initials ‘M.J.N.’ identifying Nathanson. * * * Nathanson testified he never saw the check in his life. $800.00 to respondent, being one-half of the approximate remaining net fee of $1600.00. Respondent admitted receiving this fee. * * * $150.00 (the balance remaining after the $250.00 to Nathanson, $800.00 to respondent and $800.00 to Blonsley)” is accounted for, in the report, in this fashion: “filing fee $15; summons $3.50; certified copies $5; stenographer $15 ; court reporter $12.25 ; and court reporter $t6,” making a total of $66.75, which when deducted from $150, the balance that has not been distributed, leaves $83.25. Blonsley testified that on December 21, 1948, he paid respondent the sum of $41.63 by check which is one-half of $83.25. Respondent admitted receiving this check but claimed, strange as it may seem, that it represented a repayment of a loan that he had made to Blonsley. Yet the board of managers — in the face of those detailed items of accounting, including a check in an odd amount — say that they believe Becker, when he testified that the check for $41.63 represented a repayment of a loan, without any explanation of why such a payment in such an unusual amount was made. Invariably the checks from Blonsley to Becker bore about the same dates as the checks from property owners to Blonsley in payment of processing their zoning problems. Becker testified that the loans were in small amounts — $10, $15, $25, or $50, but the checks in repayment were in much larger amounts and were at the time when Blonsley had been paid for legal services, and significantly represented exactly one half of the amount paid Blonsley.
Another area in which respondent was not completely frank is when he denies that Blonsley gave him any cash payments. The record contradicts this denial. Respondent admitted receiving a split of fees in the Mrs. Helen Jones matter. The fee was $150 and was paid Blonsley in June, 1949. After deducting a few small items of expense, Blonsley paid Becker $66 on or about June 20, 1949, but there are no checks to respondent in June, 1949 — in fact there are none from April 15, 1949, until January 4, 1950. Therefore, if respondent received a split fee as he says he did in that case, he must have received it in cash. There are other instances when it appears that respondent did receive cash payment, but I will not prolong this opinion with the details.
I think it would be helpful for a complete understanding of respondent’s operations that I quote verbatim from the board of managers’ report as to at least one of the counts sustained by them:
“Count XIX, Ward Baking Co. (A declaratory judgment matter)
“In this matter, Blonsley was not involved, but the respondent cooperated in a zoning matter with a lawyer named Maurice J. Nathanson, who once had been in the Corporation Counsel’s office in Chicago in charge of zoning matters. James J. McClure, Jr., testified that he was associated with the law firm of Hopkins, Sutter, Owen, Mulroy and Wentz, who was then representing the Ward Baking Co.; that the company wished to use the premises at 2923 Montrose Avenue for a garage; that the Building Department had advised them that they required a variation from the commercial zoning designation, to a manufacturing purpose, and ‘we found as a practical matter it was important to ascertain the alderman’s position,’ that the City Council would ‘follow the wishes of the alderman in that area, if he wanted it they would approve, and if he did not, they would not approve.’ McClure visited respondent on October 17, 1952, and at respondent’s request a letter outlining the problem was sent to respondent who then sent a letter of transmittal to the Ravenswood Improvement Association. On November 24th, McClure and Thomas Mulroy, a member of the law firm representing Ward, met with respondent who stated that he ‘personally could not approve such a variation’; that he might agree as a lawyer that the variation should be allowed but ‘he had to live in the ward’.
“McClure further testified that respondent stated that he would indicate to the Corporation Counsel’s office that he felt that there was no real problem and would not actively oppose it unless he heard from constituents; and that respondent stated that there was an alternative method, a declaratory judgment suit to declare the zoning law unconstitutional or inapplicable to the property in question, and that Nathanson handled matters like that very expeditiously.
“Thereafter, McClure met with Nathanson on December 15, 1952, and Nathanson handled the case with McClure assisting in the matter. The declaratory judgment proceeding was first suggested by respondent and had not occurred to McClure until then. In respondent’s Answer he. denied that he told McClure that as Alderman he would oppose an application for variation. However, in his testimony respondent admitted that he said that he ‘would be of whatever help he could’ if he did not have objections from the property owners and that he called Nathanson and advised him of the expected employment.
“On August 6, 1953, a decree in the declaratory judgment suit was entered in favor of the Ward Baking Company, and thereafter Nathanson received a fee of $3500.00 directly from the Ward Baking Company out of which he paid respondent $1300.00. Nathanson did not tell the Hopkins firm that he was sharing his fee with respondent.
“The complaint charges that respondent had never been employed by Ward as co-counsel and that he rendered no legal services in this matter. Respondent, however, testified that he had discussions with Nathanson, worked on the complaint and order, examined the property, worked on a written opinion that Nathanson prepared, and, after the entry of the order, called Corporation Counsel Mortimer or his assistant to inquire as to whether the City would take an appeal.
“The Commissioners are of the opinion that the undisputed facts of this Count established that respondent clearly violated Canons 6, 34 and 49 of the Canons of Ethics in that in his official capacity as alderman, though he stated he would oppose a zoning variation in his Ward, nevertheless respondent did not hesitate to recommend an attorne)r to carry forward a declaratory judgment action to accomplish in effect the same result. Not only did respondent recommend the alternative declaratory judgment procedure, and the attorney to handle the matter, but after informing McClure he would oppose a variation, respondent, by his own admission actively participated in the declaratory judgment case and received a portion of the fee paid. It would appear from the record that the client, Ward Baking Co., was not informed of his activity in the case or his participation in the fee. In zoning matters respondent owed his first and primary duty to the public. It was in these matters that he was a public officer first and a private attorney second. It was improper for respondent to have or to give the appearance of having conflicting interests. Count XIX is therefore sustained.”
To paraphrase respondent’s involvement in that matter, it appears that Becker was unwilling to stultify himself by going before his council and recommending the variation, but was disposed to recommend another procedure namely, declaratory judgment, that his tribunal might be circumvented, and in addition recommended a lawyer that he knew to be an able seaman in that area, and admittedly received $1,300 for accomplishing an end that he knew was contrary to the interests of his constituents. Such conduct does not represent that undivided fidelity that Becker as alderman owed his constituents.
It is my opinion that Becker’s conduct in splitting fees with Blonsley was indefensible. Becker’s decision that he could not afford to admit, in these proceedings, the fee-splitting practice was a serious mistake. He was driven to defend his position by seeking refuge in such statements as “I relied upon Blonsley“he was the keeper of my conscience “he duped meand “he tricked me in these payments.” In appraising the morality of respondent’s conduct, it appears to me that his greatest sin lies in his failure to be completely candid in his testimony. It may very well be that Blonsley is no great bargain as a man or as a lawyer. His betrayal of Becker invites considerable contempt, but withal, I am sure he told the truth about the fee splitting with respondent. The finding of the board of managers that 14 counts should be dismissed because they believed Becker and disbelieved Blonsley is bewildering. I am not in disagreement with the conclusion of the majority opinion, that respondent should simply be censured, for these proceedings have been a ruinous penalty — long and expensive — damaging his professional standing and' humiliating his fine family. As was indicated earlier, respondent was advancing rapidly in his legal and political pursuits. He was a splendid lawyer and a courageous fighter for good government in the Chicago city council. The exposure as herein revealed makes a sad chapter in his life. No doubt this case will serve as a warning to others.