Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-31

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,ressions at every adverse ruling I'M
al it become the courts clear duty
check the habit by the severe les
on of a punishment for contempt.
The single insulting expression for
.hich the court punisnes may there
ore seem to those knowing nothing Of
he prior conduct of the attorney, ana
looking only at the single remark,
natter which might we'll be unnotic-
ed; and yet if all the conduct of the
attorney was known, the duty of in
difference and punis. ment might be
clear
We remark finally. that while from
he very nature of things the power
of court to punish for contempt is
q vast power, and one which, in the
hands of a corrupt or unworthy judge
may be used tvrannically and unjust
ly, yet prot eCtOn to individuals lies
IN the pub ely of all judicial pro
ceeG-ngs. ard the appeal which may
he made to the legislature for pro-
proceedings against any Judge who
proves himself unworthy of the power
intrusted to him
Where a contention arose between
counsel as to whether witness had
not already answered certain ques-
ion. and the court after hearing the
reDOrter's notes read. decided that
she had answered it. whereupon one
of the attorneys sprang TO his feet,
md. turning to the court. sald, in
loud tone and insulting manner:
She has not answered the question
held that the attorney was guilty of
contempt regardless OF the question
wacther the decision of e court was
light or wrong" Russell Y. Circuit
Judge 81 Iowa 102.
In Sears Y. Starbrd. - Cal. 81. I
Am. ST. 1z3. a brief rejecting upon
the trial judge was stricken from the
record in the Supreme Court, because
it contained the following:
The court ont o. fullness of his
love for a cause. the DarCias 10 it or
their counsel or from an OyerzealOus
desire TO adudicate al matters points
arguments and things, could not, with
any degree of prOpriety under the law,
patch and doctor up the cause of the
plain, ifs WhiC-., perhaps, the care
ieseuess of their counsel haa left in
such condition as TO entitle them to
NJ relief Whatever
IN reference to this language ii was
said in the opinion:
'-Iera is \ .--..nCt lr'imatjNu thar
the nudge uf a. c0urr below did not
act from proper motives. hat from a
love OF the parties or their counsel
We see nothing ia lie record which,
SUCCESS thar such was the case. On
the contrary. - action complained oi
seems to US 10 have been enUro'r
prCqCr: See 81 Y. Reese. Il Cal $40
The brief. therefore contains gr0unu
less arge against the purity Of mo-
i've o. The nudge G the court below
This We regard as a SraEe breach ot
professional propriety. Every person
on his admission to the bar takes an
oath to faithfully discharge the dU-
ties of an attorney ana c0unce!lr
Surely sucu a course as was taken in
this case is not in compliance ".
that autv. In Friedlander y. Sumner
G.. & 5. NJ Co.. 81 taL III. The cCu
/ said:
If unfortunately counsel in any
case shall ever so far forget himself
as willfully to employ language mani
testify disrespectful TO the judge Of tht
superior cOurt-a thing not to he an
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