Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-10-03

plOyment. Other prONi>i., .,nS of our law, |
than the one cited, mus determine this
question. Our Legislature, by the pro-
visions of the Act relative to attorneys
and counsellors- at-law, approved October
81, 1851, has attempted - define the rights
o. ttt Z i:tt0r under his sail employment, /
au.' |, prescribe his duties and liabilities
tI"rrundp".
Gen. Stats. Sec. 2529. ct seq
This Statue forbds, under penalty, any
person To practice law in ony Court in
this State, except Justices, recorders or
municipal court, without having received |
a license as attorney or counsellor, as re-
Guired by other provisions of the Act.
Gen. Stats. Sec, 2537.
The exception in this section clearly |
limits the right of appearing attor-
ney before Courts-Martial to those who |
have obtained the required license. The |
relator was qualified to act in this respect. |
The relator being qualified to act as coun-
sci for the accused before the Court Mar ,
tial, under his employment, and not hav-
ing been discharged, it is fu' ther PROV ided
by the same Act that a change of counsel
might be made in the action, at any time
before final Judgment or determination.
| upon REALTORS own consent filed with the
Clerk, or entered upon the order Of the
Court on Judge thereof, on application of
| the client.
Gen. Stats. Sec. $3.50.
| There is no pretense that any change of
counsel was asked 10y either the accused
| or the relatOr; but it is claimed by the de-
| fendants in Justification of their conduct
| in refusing rclatOr the right to appear and
defend the accused, that lhc allowance of
| counsel. in such eases, is L matter of cOur-
teSy, ana that the Cnurt- Nartial has the
| power to exclude a person objectionable
t. it. from appearir g as counsel, for the
accused; that the reator was ohjectiona-
hle 10 the Cou,t-Malt;al, and in contempt
thereof, in that, the relatOr had applied to
the District Court of The state in behalf
Ofthe accused for a writ Of i"iunction TO
prevent the said Court Martial from try
ing he accused upon ihe specified charg-
e@: that in the application for the writ of
injunction, it was alleged that the citizens
committee for the celebration Of the
fourth of July had issued invitations to
. the militia OF storey County t" participate
ia said celebrations: that il was also al
legged in said application that the Judge
AdVucate of said Court Martial was de-
tailed to Sit in Judgment upon his own
= charges contrary to law. that the relator
in his argument upon said application
~"ught 10 prejudice the Cour.-Mar,ial and
, its officers in the eyes OF The community
| wherein it had been convened: that the
n relator has also sought % have the OrieI
( creating said Court-MarliaI revoked.
= The contention that the allowances O
counsel is a matter Of courtesy is tull,
met Ivy the provision of our Constitution
above cited. There is no Court, within
:, this State posses. g the power 10 den
u this right. Whether or not the allrge
l cOuluct of rela. or was in contempt of tn
'0 rj-Martial is not material, vet we sue
gest that very often proceedings are inst
4 tuted before one tribunal questinnin
i and even denying the authority and pow
er Of another tribunal.
~ Admitting that the all -ged conduct
rela,or was in contempt of the Co0rt-\f \fal
tial, had it the power TO suspend OF inte
- rupt him in the exercise of his rights As
can not so hold.
III Section IA of the Act relating to Alto
= neyS, above cited. provides that an alto
III ney may re removed or suspended by tt
~ Supreme Court, and by no other Coul
u for cause, AND the sections following pr
- scribe the manner Of proceeding. and II
=, judgment upon conviction.
vi Gen. Stats Sec. 21i2 rt sea-
~ No power or authority, 50 far as V
~ have been able to find, is given to al
'"' other than the Supreme Court to suspel
: an attorney in the exercise of his righ
II, for any cause and for any length of tin
,h' He must be charged as prescribed by t.
w statute, and, upon those charges, has &
'"' right of trial. Ii the alleged conduct
the relatOr was contemptuOus, our statu
provides an ample penalty for it, and
'l- Court rtMartial is given power and autho
eo ity 20 as fully punish for such conduct,
lo' the Judges of the Dist "ict Courts have u
al der the laws of this State
Ter Gen. Stats. Sec. go and Sec. 1882 ct s,
Is 1t is further contended that the reat
irt has mistaken his remedy-that the COu
We Martial being a Court within the mei
ing or the constitution, ana having ma
AIS its order precIuding the redtor from d
l. Tending the accused, lis determination
Ell that matte, although it may have be
errOneu.. .- .iral and cannot be review
10 in this pruc,. y. We cannot susta
ioi this cOntentiO ion.
vi Our Statute authorizes III" :o5uance
III the writ OF mandate "by any Court i'll tt
as State, except a Justices, to any inferi
''o tribunal, : = j j to compel the admiss
u of party to the use and enjoyment of
'iio right 3 y : to which he is entitled, a
'ui from which he is unlawfrIily preclud
,.i- b,, ,,,, .c =, .. :,