Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-06


tanning to the pertinent facts, the rea
effect of decisions and the law appli
caole in the case, and he far oversteps
the bounds OF professional conduc.
when he reports to Misrepresentation
false charges or vilitlcatiOn.
He may July present, discuss an6
argue the evidence and the law and
freely indicate wherein he bei1e, es
that decisions and rulings are wrong or
erroneous. but this he may do with 1
out effectually making bald accusa-
tons against the motives and intelli
gence of the court. or being discour-
teOus or resorting to abuse which is
not argument nor convincing to rea-
soning minds If respondent has no
respect for the justices, he ought to
have enough regard for his position
at the bar to refrain from attaching
the tribunal of which he is a mem
Der, and which the people. through
the Constitution and bv general con-
sent have made the final interpreter
Of the laws which ne, as an officer
of the court, has sworn to uphold
and ~~Otect.
These duties are SO plain that any
departure from them BY p member
and intentional misconduct
The power of courts to punish for
contempt and to maintain dignity in
their proceedings is inherent and is
as "a as courts are old. 1t is also
provided by statute. BY analogy we
note the adjudications and penalties
imposed in few of the many cases.
! ord Cottingham imprisoned Ed
mund Lechmere Charlton barrister
and member of the House of Com
mons for sending a scandalous letter
! TO ore of the masters of the court.
and committee from that body. after
an investigation. reported that in their
opinion his "clam to be discharged
from Imprisonment by reason of privl-
legde of parliament ought not TO be
admitted" Milne and Craig, BIT.
When 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 p letter
couched in respectful language, in
wiich 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 ane time
declaring that no 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 /. sentenced three
Of the writer's to fine of $3.50 each
and publicalIy repr;manded the 9th
, ers. the Junior counsel, at the tine ex
|, pressing the opinion that il such a
thing had been ,uone by them in Eng
land. they would have been Expelled
from the bar within one hour" The
/ COUNSEL at the. time protested thai
they Int ended no contempt o.
. court and that they felt ant
. intended to express. no disres
pect For the. Judge but that their &C
! ti2u had been taken in furthe GRANGE o
. what they deemed ID veal interest.
Nof t.leirt client And the faithful and
:, conscientious discharge Ct ther dutv
The Judge accepted the disclaimer CT
. personal .disEespect, but! refused to
believe the disclaimer Of intention tc
commit a contempt and enforced thu
fines. Al Albany Law Journal 4es
/, ze Am; r. 752. z ..
, ~ For sending to a district fudge on
! LOT ,eourt- a. letter, .stating that The
y ruling you have made is directly crn
: trary to every principal of law. ant
every body Anows !, believe and Z
] To-
: shall stand nnreversed in any court
:. we practice in" an attorney was fine
= $50 and suspended from practice nnti
, the amount shou4o be paid In de
= livering the opinion Of the SupEem'
Court Of Kansas in Re rrior. Is Kan
72. 26 Am. TAT. Brewer j.. said:
, 1, Upon this We remark. in .,c frs
> : place that the language of this lette,
Is very insulting. To say to judg'
. that a CERTAIN ruling which he ha
: made is contrary to every principle Q
:, law and that everybody nows y. i
:. certainly most severe imputation
. We remark, secondly. that an attol
), ney is under special obligations to b
r considerate and respectful in mis- coz
duct and communications to1 Judge
I: He.fs an officer OF the court and it 4
1 luCIC4OIc his uuly 40 uUuOiQ 1tS nOuO
and dignity. The independence Of tn
, profession carries with it the RICH
!. freely to challenge criticise andAcon
' denim all matters and thin .ss under r.
y view and in evidence. But with thi
!, privilege goes the corresponding obi
|, CATION of constant courtesy and. res
i ltpect' tOwardsthe triDunaa In (which tn
: proceedings are pending. And tn
q fact that the tribunal is an i-ferio
!. one, and its rulings not final and Will
q out appeal. does not diminish in tn
1. slightest degree this obligation Of
i courtesy and. respect. A justice Q
4 the peace before whom the most tri
J. ling matter is being litigated is Ell
Il titled to receive from every attorne
p in the case corteOus and respectfl
o. treatment. A failure to extend thi
+ courtesy and respectful treatment
# failure of duty. and it may be 2