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

tanning to the pertinent factS, the rea
eject of decisions and the law appli
caDle in the case, and he far Overstep.
the bounds of professional conduc,
when he reports to misrepresentation
false charges or yilitication.
lie may luily present, discuss an6
argue the evidence and the law and
freely Indicate wherein he beuG,e s
that decisions and rulings are wrong or
erroneous. but TINS he may do with
cut effectuajy making bald accusa-
tons against the motives and intelli-
gence OF the court, or being dscour-
teous or resortirg to abuse which is
not argument nor convincing to rea-
soning minds If respondent has no
respect Tor the justices, he ought to
have enough regard for his position
at the lar to refrain from attaching
the tribunal of which he is a mem
Der, anG which the people, through
the Constitution and by general con-
sent have made the final Interpreter
Of the laws which ne, as an officer
of the court. has sworn to uphold
and protect.
These duties are so plain that any
departure from them by member
Of the bar would seem to be willful
and Intentional misconduct.
The power Of courts to punish for
contempt and to maintain dignity in
their proceedings is inherent and is
as old IS courts are old 1t is also
provided by statute By analogy we
note the adjudications and penalties
imposed in a few of the many cases.
-4ord Cottingham imprisoned Ed
mund Lechmere Charlton q barrister
and member Of the House of Com
mons for sending a scardalous letter
to one of the masters of the court,
and a committee from that body, after
an investigation. reported that in their
opinion his Claim to be discharged
from Imprisonment by reason of privi-
legde of parliament ought not to be
admitted" Milne and Craig, BIT
VIII u the case Of People VS. Tweed
in New York came up second time
before the same judge, before the trial
commenced, the prisoners counsel pri
vately handed to the judge letter,
couched in respectful language, in
which they stated. substantially, that
their client feared, from the circum-
stances of the former trial. that the
Judge had conceived a prejudice
against him and that his mind was
not in the unbiased condition neces-
sary to afford an impartial trial, and
respectfully requested him to ccnsid-
er whether he should not relinQuish
the duty of presiding at the trial to
some other judge, at the ga ne time
declaring that nc personal disrespect
was intended toward the judge of the
court The Judge retained the letter
! and went on with the trial. At the
end of the trial e sentenced three
! Of the writer's to a fine of $3.50 each.
and publically reprimanded the 9th
ers, the junior counsel, at the tina ex-
pressing the opinion that if such a
thing had been zone by them in Eng
land, they would have been expelled
from the bar within one hour" The
counsel at the time protested that
| they intended 20 contempt OF
court and that they felt and
intended to express no disres
pect for the Judge but that their ac-
ton had been taken in furthersnce Of
! what tAey deemed ---5 Wal interests
Of cir client and the faithful and
conscientious discharge Ct the duty
The judge accepted the disclaimer OF
personal disrespect, but refused 10
believe the disclaimer of intention to
commit a contempt and enforced the
fines. II Albany Law Journal -4OS
Is Am. R. 752. ,-x
For, sending to district Judge ont
Of court letter stating that THE
ruling YOU have made is direct)v con
trary to every principal of law, ant
every body nnows :. believe. and i
is our desire that no such decision
shall stand, .unreEersed in any court
we practice in." an attorney was fine,
$50 and suspended from practlce unit
the amount should be paid. In de
livering the opinion of the SUPREME
Court Of Kansas in Re Prior. Ii Kan
70. Is Am. TAT. Brewer j.. said:
Upon this we remark, in ne frs
Mace that the language of this lettel
is very insulting To say to a judg
that a certain ruling which he ha
made is contrary to every principle c
; law and that everybody .-nows = i
: certainly most severe imputation
We remark, secondly, that an attol
ney is under special obligations to
considerable and respectful in mis- COZ
duct and communications TO a Judge
He is an officer of the court and it
therefore his duty to uphold its homo
and dignity. The independence of tn
profession carries with it the RICH
freely to challenge. criticise and COZ
denim ali matters and thir~s under r
view and in evidence. BIT with TIL
privilege goes the corresponding obi
cation Of constant courtesy and re-
pect toward the tribunal in which tn
; proceedings are pending And tn
fact that the tribunal is an inferio
one. and it's rulings not final and wit
: out appeal, does not diminish in til
: slightest degree this obligation o
t courtesy and respect. A justice {
{ the peace before whom the most tri
+ ling matter is being litigated is e.
1 titled to receive from every attOrnt
;. in the case corteOus and respectf
J. treatment. A failure to extend tn
/. courtesy and respectful treatment
f failure Of duty: and it NAV he
e gross a derelicticn as to warrant II