The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-03-13

Dickson with fnaity. and the court
announced that the matter would be
taken sp at o'clock
When court Feassembled. Judge Dick
son az once took the floor. IF the
rOUrt please. ne said Il have thought
+his matter over carefully and ] am
rot con scious that i have said any
thing that / ought u withdraw or
apologize for 7 believe I understand
my duties 10 the court Where ] stud
led my profession the courts were al
ways treated with respect and an at
t0rney would be quickly put under the
ban If he treated any court with dis
respects / have been pFacticIng my
profession thirty years and have never
been guilty Of disrespectful conduct 10
q court. 1t has always been my intent
and desire TO act with courtesy, not
only 10 the court but TO other mem
bers of the bar
Sometimes, though, we encounter an
adversary at the bar who finds no
pleasure in treating an opponent with
courtesy and whose delight is in mis-
representing the position of an adver-
sary. / think I have good ground for
such "a complaint Aere. In arguing
yesterday on the justice of admitting
the amended counter claim Ot the
Mammoth I referred to the record and
7 called atteation TO the fact that when
this case was set for trial the second
time, that we lad objected to your
horror tryirF the case, stating my rea-
sons therefor"
Was Angry Before.
The reason assigned by Judge Dick
son WIS that Judge Mari0neaUE, in
reading the testimony az tine first hear
ing, must inevitably have formed an
opinion as TO the merits of the cOntrC-
yersy.
Was there anything disrespectful in
ito Judge Dickson continued. Was
r. not proper TO suggest that as a
reasCu why they should not file thCir
amended counter Claim2 Until COun-
sci for the Mammoth saw ut to put a
construction on my language that was
offensive 10 the court saw mt 10 impute
10 me a sinister thought lurking in my
mind, the court saw nothing objection
able ln it, The O1ensa cone, not
through me. but through counsel who
put such sinister thoughts before the
court I thought at the time your
honor should have stopped him and
Sid you had no though of such i'm
putatiCus. Then YOU called on me 10
explain. and when the court persisted
iE the inuuisiti0n ] became angered
and declined &c answer further. 1 say
now, and 7 can say with the ca1dor of
truth. that there was no thought
in my mind ether than that in the
language used, and submit there was
nothing in that Of COntemps Tor the
court"
Inquiry Dismissed.
Replying TO Judge Dickson, Judge
NariOneauX said. IT didn't attribute
any sinister motive 10 what YOU said,
and when counsel on the other side
suggested it. il occurred 10 The court
that If counsel OF anybody else thought
SO, there might possibly be something
i'm your language to justify it, and l.
therefore, asked W ether or not you
intended to cast any reflection on the
integrity of the court. You declined
then to answer, because, as YOU say,
You were angry. I have no desire TO
be harsh with counsel or to Indicate
that the court is unduly sensitive.
Since YOU say now you had 10 other
thought than that your language eX-
pressed. and that your language eX-
pressed no GisTeSpecJ. and as the court
c3a find no disrespect in il, the court
IS, of course, compelled 10 PUT your
inter- rotation on your language. There
IS nothing on the face of 1t that is not
respectful. and as you insist there is
nctGiHy back of it that was not re-
spectful, the court has no right to
proceed any further with the incident.
So if this has been regarded as an
inquiry as 20 whether YOU have been
in contempt OF not. the inquiry may be
regarded as dismissed"
John NJ. Zane, however, GOT in a
parting word. IT regret very much,
said he. "thaJ Ia making his apology.
counsel saw fit to make a personal
attack on me. What the court con-
sidered contemptuOUs was his refusal,
as ne says. in anger to answer the
courts question. His attack On me was
wholly and entirely improper and out
of place