The opinion
CARTER, J., Dissenting.
I dissent.
While the facts found by the local administrative committee with reference to the misrepresentation made by petitioner that he had filed an action on behalf of his client when he had not done so, and his failure to render an accounting of money received by him in trust are sufficient to justify disciplinary action against him, I cannot agree with the holding in the majority opinion that a member of the bar can be subjected to a disciplinary proceeding for mere negligent conduct.
I still hold to the views expressed by me in my dissenting opinions in the cases of Trusty v. State Bar, 16 Cal. (2d) 550, 554 [ 107 Pac. (2d) 10 ], and In re McKenna, 16 Cal. (2d) 610, 612 [ 107 Pac. (2d) 258 ], and I disagree with everything said in the majority opinion in the instant ease contrary to the views expressed by me in said dissenting opinions.
Houser, J., concurred.
Petitioner’s application for a rehearing was denied October 30, 1941. Carter, J., voted for a rehearing.