(dissenting).
So far as I can find, it is established by all the well-considered cases that, whenever no champertous agreement is involved, an attorney prosecuting an action on a contingent basis must under this statute show that he also is too poor to print the appeal papers. United States ex rel. Randolph v. Ross, 298 F. 64, 33 A. L. R. 728 (C. C. A. 6); Chektovich v. United States, 47 F.(2d) 894 (C. C. A. 9); Boyle v. Gt. Northern Ry. Co. (C. C.) 63 F. 539; Feil v. Wabash Ry. Co. (C. C.) 119 F. 490; Silvas v. Arizona Copper Co. (D. C.) 213 F. 504. He is regarded as one of the beneficiaries, really a part owner of the cause of action, and falls within the rule that all beneficiaries must join in the oath. Clay v. Southern Ry., 90 F. 472 (C. C. A. 6); Volk v. Sturtevant Co., 99 F. 532, 533 (C. C. A. 1); Reed v. Pennsylvania Co. (C. C. A.) 111 F. 714. In United States ex rel. Payne v. Call, 287 F. 520 (C. C. A. 5), the attorney had agreed to pay the expenses of the suit at the time of Ins retainer, and that was eoncededly champertous. Clark v. United States (D. C.) 57 F.(2d) 214, is in frank disagreement with the general rule, and rests upon a distinction between an attorney and other beneficiaries which is not apparent to me. There would be nothing champertous in the attorneys’ defraying the cost of an appeal in this case, and indeed if the client is as poor as he says, I cannot see how it can he prosecuted even on type^written papers unless they do so in part. I agree of course that they could not agree to pay the expenses of the litigation as a consideration of their retainer. But if they did not.do so, and if, as they lawfully might, they had a contingent interest in the recovery, it is not the law of New York that advances voluntarily made by them to protect that interest are champertous. Weeks v. Gattel, 125 App. Div. 402, 109 N. Y. S. 977, affirmed 193 N. Y. 681, 87 N. E. 1129; In re Gilman, 251 N. Y. 265, 167 N. E. 437. I can see no reason for refusing to follow the uniform rule in other Circuit Courts of Appeal, or why a lawyer who has made himself in effect a part owner of the cause of action, should enjoy an immunity which other persons in the same ease do not have.