Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-07

officers c. gaI " the duty OF ad-
ministerl"S en-" 1913 U. s. 3l3
In re W0r e. Il NY. 80. It was held
| tat 10 inccrp rate into pL-tion for
rehearing. 20 statement that Your
..onors nave rendered an unjust de-
! cree" and Cthe insulting matter, is
| to commit in omen court an oct con
| shutting a contempt on the part of the
| attorney; and har where the Ian
guare spoken or written is Of itself
necessarily offensive, the disavowal o.
an intention to commit a contemnt
| may tend tc excuse but cannot Justify
| the act From a paragraph in that
opinion we quote:
can attGrnev nav unfit himself for
TIE r~actice IF his profession by the
manner in which he conducts himself
| in his intercourse with the courts. He
may be honest and capable, and yet
| he NAV so conduct himself as tc cOntln-
ually interrupt the business of the
courts in which he practices; or he
| NAV by a systematic and continuous
course of conduct, render it impossi-
BILE for the courts to preserve their
selfrespect and the respect of the
public and at the same time permit
him to act as an officer and attorney.
An attorney who thus studiOusly and
systematically attempts to bring the
tribunals Of justice into public con-
tempt is an unfit person to hold the
nosition and exercise the privileges CT
an officer Of those tribunals. An open
notorious and pubic insult to the
highest judicial tribunal of the State
for which IN attorney con.umaeioas!y
refuses in any way rs atone, may -"s-
tify the refusal of that tribunal 70
recognize him in the future as one OF
its officers"
IN re Cooper. 30 Vt 262. the re-
, sB0ndent was fined for ironically stat
ing to a justice Of the peace, Il think
| this magistrate wiser than the Su-
preme court" Redfeid, c. J.. said:
The counsel must Submit N JUS
tice court IS we'll as in this court.
and with the same formal respect,
howe1 er difficult. it may lie either
here or there.
We do not see that the reatCr has
any alternative left him but the sub
mission to what tie no doubt regards
as a misapprehension of the law. both
on the part of the Justice and of this
court And in that respect he is in a
condition very similar to many who
have failed to convince others of the
sOundness of their own views, or to
became convinced themselves O ftheIr
falacy."
In Mahoney v State. - \. E. Isl
= a. attorrev was fined $50 for saving
81 want to see whether the court is
right or rot want - know whether
am going to be heard in this case in
! the interests of my cIioEt or II
and making other irsoient statements
: IN Redman v State % Ind. the Judge
, informed counsel that a question vas
, | improper aud the attorney replied:
IF we cannot examine our witnesses
=, he can stand aside" This language
| was deemed offensive and the court
prohibited that particular attorney
= from examining the next witness.
. In Brown " Brown " Ind. 72t. the
lawyer was taxed with the cost OF the
( action for filing and reading a petition
8 for divorce which was unnecessarily
!. gross eri indicate.
a In Mccormick v. Sheridan. 20 P. "a
!. IS. Cal. "A petition for rehearing
- stated that bow or why the honorable
+ commission should have so efectua!ly
}. | and substantially ignored an| disre
q garded the uncontradicted testimony
> we do not know 1t seems that nei
: Their the transcript nor our briefs
, could have fallen under the commits
= sioners observation. A moro 6isin
r senious and misleading statement OF
a the evidence co',ld not well be made
\ It is substantially untrue and unwar
T. ranted The decision seems to us tt
II be a traversitv of the evidence Pet
o that counsel drafting the petition wa;
II guilty of contempt committee in thf
n face of the court. notwithstanding
l. disayowaI Of disrespectful intention
!. A fine of 5000 was imposed with an a.
tentative of serving in Jail.
e The Chief Justice speaking for tn
r. court in State v. Morrill,, 10 Ark III
said:
a, .sIf il YVES the general habit of thu
! community to denounce. degrade. an
If disregard the decisions and judgment
- of the courts. no man OF self-respec
x and Just pride of re,u'a IA wNu,d II
II main upon the bench. and such 0nl
e would become Tie ministers OF tn
p law as were insensible, to defamation
+ and contempt But happily for tn
e good order of society. men. an eSpet
t. iallv the people of this country. ar
TO generally disnosed to respect an
Id abide the decisions of the tribunal
Is ordained by government "a the con
mon arbiters Of their rights. Blu
c. where isolated individuals. in viola
IS ton of the better instincts Of huma
a nature. and uisregardful of law an
t, order. wontanly attempt to obstrut
OF .,, course of public justice by disre
,e garding and exciting disrespect fo
IL the decisions o: its triHuna 5. ever
,e good citizen will point them out
in proper subjects for legal anlmadve
sion.
a. A court must naturally look first t
e. an enlightened and conservative ba
u governed by a high sense of profe
4: sional ethics and deeply sensible, q
d they always are. of it's necessity
of aid in the maintenance of public re
er pect for it's opinions
h. Tn 0onors " TOrrey < Paige Oh