therefore, correct, the taxes being a paramount lien to the mortgage indebtedness. Cade v. Jeffers (1897) 6 Kan. App. 61, 49 Pac. 637.

A statutory requirement that the court order taxes to be paid out of the proceeds of a judicial sale is for the benefit of the public treasury, and not for the benefit of interested persons, and, the statute not having designated when the order shall be made, power to make it exists as long as the court has control over the proceeds of the sale, all persons being bound to know that the law makes liens for taxes superior to all others, without a judgment to that effect, and it is the duty of the court to apply the proceeds of the sale to the satisfaction of such lien, and consequently no injury can result to anyone if the order be delayed in a foreclosure proceeding until the confirmation of the sale, when the proceeds of the sale are in court for distribution. Ekblad v. Hanson (1911) 85 Kan. 541, 117 Pac. 1028.

Where one mortgaged property and upon his death it passed to his heirs, and in foreclosure proceedings by the mortgagee the heirs became the purchasers thereof, the statute providing that the court may, in actions for sale of real property, determine the amount of any tax or assessment upon the property, and shall provide for the payment of the same in the judgment, the heirs cannot claim the benefit of the statute, as they were the owners of the property at the time the taxes in question were assessed, and the

taxes were assessed against them as owners, and the taxes were due from them as owners, and it was their duty to pay them, and the fact that they failed to perform the duty they owed to the state did not give them the right to shift this obligation to the shoulders of the mortgagee. Caine v. Rich (1908) 33 Ky. L. Rep. 261, 110 S. W. 289. But the court said: "Undoubtedly, if the purchasers had been strangers to the title, the court would have been correct in ruling that they might, under the foregoing statute, cause the taxes on the land to be paid out of the purchase money."

Where a third mortgagee had tax certificates, and on foreclosure of the second mortgage he bought the legal title, the court in Gibson v. Greene (1897) 6 Kan. App. 196, 51 Pac. 312 (affirmed without opinion in 59 Kan. 779), recognized that he had the right to demand that the taxes be paid out of the proceeds of the sale before applying them to the amount due on the second mortgage, but held that, having failed to do this, he cannot subsequently complain.

In a foreclosure suit on notes and real estate mortgage, after judgment, the court has jurisdiction upon supplementary petition to decree the payment of taxes out of the proceeds of the sale of the mortgaged property to the plaintiff, in cases where it is necessary for him to redeem from tax sale to prevent the issuing of a tax deed and to protect his principal decree, Ray v, National Bank (1899) 9 Kan. App, 13, 57 Pac, 240, W, S, C.

RE ELMER S. SMITH,

Washington Supreme Court (In Banc) — February 24, 1925.

(133 Wash. 145, 233 Pac. 288.)

Attorneys, 14 disbarment-advocating sabotage.

1. An attorney publicly advocating sabotage and criminal syndicalism as a means of accomplishing social and industrial reform as proposed by the Industrial Workers of the World may be disbarred. [See annotation on this question beginning on page 107.]

PROCEEDING for disbarment. Order of disbarment entered.
The facts are stated in the opinion of the court.
Messrs. John H. Dunbar, Attorney
General, R. G. Sharpe, T. W. Holman,
Assistant Attorney General, and John
F. Garvin, for State Board of Bar Ex-
aminers:

Respondent's speech violates his oath of office in his counsel to bring about a general strike in the lumber industry, and thereby, by coercion and intimidation, force the release from the penitentiary of persons lawfully convicted of crime.

Pickett v. Walsh, 192 Mass. 572, 6 L.R.A. (N.S.) 1067, 116 Am. St. Rep. 272, 78 N. E. 753, 7 Ann. Cas. 638; Duplex Printing Press Co. v. Deering, 254 U. S. 443, 65 L. ed. 349, 16 A.L.R. 196, 41 Sup. Ct. Rep. 172; Pacific Typesetting Co. v. International Typographical Union, 125 Wash. 273, 32 A.L.R. 767, 216 Pac. 358; Margolis's Case, 269 Pa. 206, 12 A.L.R. 1186, 112 Atl. 478.

Mr. George F. Vanderveer for respondent.

Mackintosh, J., delivered the opinion of the court:

This is a proceeding for the disbarment of Elmer S. Smith from the practice of law in this state. The substance of the charge against him is that in public addresses since 1919 he has advocated and approved sabotage, syndicalism, and general violation of the law as a means of social reform. The state board of law examiners upon the evidence taken before them have recommended his permanent disbarment, and upon that recommendation the matter is here for determination.

The record abundantly shows that the defendant has both advocated and approved sabotage and criminal syndicalism as a means of

accomplishing social and industrial changes in our form of government. In his public addresses, of which he has delivered a great number throughout the state, under the auspices of the organization known as the Industrial Workers of the World, the literature of that organization was circulated among his listeners which teaches both sabotage and criminal syndicalism as

a

means of enforcing industrial changes. The defendant could not be, and the evidence shows that he was not, unaware of the fact that this was done, and there is no reason why he should not be charged with all the responsibility that usually follows an abettor of a criminal act.

This literature is vile. It advocates many serious crimes as the means of carrying out the purposes of the organization, and ways are pointed out how the acts can be accomplished with the least possibility of detection. ity of detection. Subsequently to the passage by the different states of the so-called criminal syndicalism acts, much of this has not been circulated as openly as it was before; but the evidence shows that the organization has not abandoned the doctrines, and any person who advocates such general principles is unworthy of the office of attorney at law.

Attorneys-
disbarment-
advocating
sabotage.

But, if the foregoing be thought not sufficiently direct to charge the defendant with knowledge and thus with direct responsibility, there are other matters in the record suffi

cient to sustain the findings of the board of examiners. In this state there are acts directed against the teachings and practices such as are advocated by the organization before named. A number of persons have been convicted and are now in confinement for violating the acts. There are also others, members of the organization, in confinement for more heinous crimes. These the defendant has been pleased to denominate "political prisoners," and persons punished because of their opinions, and has in his public addresses advocated a general strike, a strike that "will paralyze all the industries of the state," as a means of coercing their liberation. On his admission to practice as an attorney, the defendant took an

(138 Wash. 145, 233 Pac. 288.)

"Next day that stingy Rube did say, 'I'll bring my eggs to town to-day;

You grease my wagon up, you mutt, and don't forget to screw the nut.'

I greased his wagon all right, but I plumb forgot to screw the nut,

And when he started on that trip, the wheel slipped off and broke his hip."

Still another, entitled, "Casey Jones-The Union Scab," contains this verse:

"The Workers said to Casey: 'Wont you help us win this strike?'

But Casey said: 'Let me alone, you'd better take a hike.'

Then someone put a bunch of railroad ties across the track,

And Casey hit the river with an awful crack."

Concerning sabotage, there is, in a pamphlet entitled "The New Unionism," the following:

"Direct action may assume two different forms; either the workers will stop working altogether or they will perform work under conditions detrimental to their employers. In the first case they will strike, in the second they will apply sabotage.

"New Unionist strikes are mere incidents in the class war; they are tests of strength, periodical drills in the course of which the workers train themselves for concerted action. This training is most necessary to prepare the masses for the final 'catastrophe,' the general strike, which will complete the expropriation of the employers.

"Besides the strike which is direct action in mass, the workers have at their command an insidious means of individual warfare which, owing to its very nature, entails less important sacrifices on their part, and is at times fully as effective as the strike. We allude to sabotage.

"We may distinguish three forms of sabotage:

"1. Active sabotage which consists in the damaging of goods or machinery.

“2. Open-mouthed sabotage beneficial to the ultimate consumer and which consists in exposing or de

feating fraudulent commercial practices.

"3. Obstructionism or passive sabotage which consists in carrying out orders literally, regardless of consequences.

"On the subject of violent sabotage we read in the Bulletin of the Montpellier Labor Exchange for 1900:

"If you are an engineer you can with 2 cents' worth of powdered stone or a pinch of sand stall your machine, cause a loss of time and make expensive repairs necessary. If you are a joiner or wood-worker what is simpler than to ruin furniture without your boss noticing it, and thereby drive his customers away? A garment worker can easily spoil a suit or a bolt of cloth; if you are working in a department store a few spots on a fabric cause it to be sold for next to nothing; a grocery clerk by packing up goods. carelessly brings about a smash-up; in the woolen or the haberdashery trade a few drops of acid on the goods you are wrapping will make a customer furious, an agricultural laborer may sow bad seed in a wheat field, etc.'

"As far as sabotage is concerned, all the I. W. W. speakers and the I. W. W. press countenance it, although they steadily warn the workers against the indiscriminate and unsocial use of that weapon of warfare."

In another, entitled "The I. W. W.-Its History, Structure and Methods," the following is found:

"As a revolutionary organization the Industrial Workers of the World aim to use any and all tactics which will get the results sought with the least expenditure of time and energy. The tactics used are determined solely by the power of the organization to make good in their use. The question of 'right' and 'wrong' does not con

cern us.

"Failing to force force concessions from the employers by the strike, work is resumed and 'sabotage' is

used to force the employers to concede the demands of the workers.

"The great progress made in machine production results in an ever increasing army of the unemployed. To counteract this the Industrial Workers of the World aim to establish the shorter work day and to slow up the working pace, thus compelling the employment of more and more workers.

"During strikes the works are closely picketed and every effort made to keep the employers from getting workers into the shops. All supplies are cut off from strikebound shops. All shipments are refused or missent, delayed and lost if possible. Strike breakers are also isolated to the full extent of the power of the organization. Interference by the government is resented by open violation of the government's orders, going to jail en masse, causing expense to the taxpayers-which is but another name for the employing class.

"In short, the I. W. W. advocates the use of militant 'direct action' tactics to the full extent of our power to make good."

In still another pamphlet is this: "What, then, is sabotage?

"Sabotage is the destruction of profits to gain a definite revolutionary economic end. It has many forms. It may mean the damaging of raw materials, destined for a scab factory or shop. It may mean the spoiling of a finished product. It may mean the displacement of parts of machinery or the disarrangement of a whole machine where that machine is the one upon which the other machines are dependent for material. It may mean working slow. It may mean poor work. It may mean missending packages, giving overweight to customers, pointing out defects in goods, using the best of materials where the employer desires adulteration and also the telling of trade secrets. In fact, it has as many variations as there are different lines of work.

"Sabotage is a direct application

of the idea that property has no rights that its creators are bound to respect.

"The question is not, 'Is sabotage immoral?" but, 'Does sabotage get the goods?"

"In advocating sabotage we hope to show that the workers should rid their minds of the last remnant of bourgeois cant and hypocrisy and by its use develop courage and individual initiative.

"In the social war sabotage is the best kind of a flank movement upon our enemy-the employing class. An actual instance will serve to illustrate the point:

"On an orchard farm in the state of Washington a disagreement arose over conditions on the job. A strike took place. The I. W. W. members among the strikers immediately telephoned to the union in the nearest city. When the employer arrived in town looking for a new crew he was rather surprised at his speedy success. Full fare was paid for the men and the railway train was boarded. At the first stop, about two miles from the city, the whole crew deserted the train. They were all members of the union. Returning to the city the farmer picked up a second crew. He arranged to have them pay their own fare, same to be refunded upon their arrival on the farm. This crew went through all right and worked for a while under the farmer's direction. Thinking the strike was successfully broken, the employer finally busied himself with other matters for the rest of the day. Next morning upon visiting the work the farmer was surprised to find that 1,000 young trees had been planted upside down, their roots waving to the breeze as a mute evidence of solidarity and sabotage. No further argument was needed to convince the farmer of the 'justice' of the demands of the original crew.

"Sabotage may mean the direct destruction of property. Again, it may mean indirect destruction through organized inefficiency."

Much more of a similar character could be cited, but this should be