Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-14

L
tanning to the pertinent facts the -rea
eject of decisions and the law appli- |
cable in the case, and he FAR oversteps
the bounds of professional conduc,
when he reports to Misrepresentation
false charges or yilificatiOn.
He may July present, discuss and
argue the evidence and the law and
freely indicate wherein he pe.,o. es
that decisions and rulings are wrong or
erroneous. but this he NAV do with
out effectually making bald accusa-
tons against the motives and intelh-
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 by general con-
sent have made the final Interpreter
0f the laws which ne. as an officer
of the court, has sworn to uphold
and protect.
These duties are so plain that anv
departure from them by member
Ct the bar would seem to be willful
md intentional misconduct
Tie power CT courts to punish for
contempt and to maintain dignity in
their proceedings is inherent and is
as old as courts are old. It is also
provided by statute. Bv analogy we
aote the adiudications and penalties
imposed IN q. few Of the many cases.
ord COttlngham imprisoned Ed
niund Lechmere Charlton a barrister
ard member of the House of Com
mons for sending a scandelous letter
70 ore 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 priyi-
legde of parliament ought not TO be
admitted" . Milne. and Craig. 81.
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 10 the Judge q letter
cCuched in respectful language, in
w4ich they stated. substantially. that
their client feared from the circum-
stances of the former trial, that the
Judge had conceived prejudice
against him. and that his mind was
not in the unbiased condition neces-
sary to afford an impartial trial, and
respectfully requested him - cCnsld-
or whether he should not relinquish
the dutv Of presiding at the trial to
some other judge, at the sa ne time
declaring that no personal clsrespect
was intended toward the judge of the
court. The Judge retained the letter
and went on with the trial. At the
ard OF the trial sentenced three
Of the writer's to a fine of $3.50 each,
and oublicaliy reDrimanded the 9TH
ers. the junior counsel. ar the time ey-
pressing the opinion that if such a
thing had been .Cne by them in Eng
land. they would have been expelled
from the bar within one hour" The
counsel. at the Tine protested that
the intended nc contamDt CT
court and that they felt and
intended to express no disres-
pect for the Judge but that their ac-
tiCn had been taken in furtherance of
what ley deemed : vi interests
of cir client and the faithful and
conscientious discharge C tht drtv
The Judge accepted the disclaimer Of
personal disrnspect, but refused TO
believe the disclaimer of intention to
commit contempt and enforced the
fines. II Albany Law Journal 4OS
o6 Am. R. 75o. ~
For sending to district Judge c"t
Of court a letter stating that -rhe
/ ruling YOU hp~e made ie di~ert',- CON-
trary to every principal of law, and
~~lx al; -
is our desire that no such decision
shall stand unreversed in anv ror~t
We practice in. a n attorney wps fire
$50 and SUSPENDED from pract.ce until
the amount shcuia be paid In de-
livering the opinion cf the Supreme
Court of Kansas in Re PRIOR. IL Kan
y. 26 Am. TAI. Brewer j.. said:
Upon this we remark. in 10 first
Waco tna+ tho 'enerage of this letter
is very insulting. To say to a judge
that a CERTAIN ru,ng which he has
made IS contrary t. every principle O
law srd tat eyervhcdv no--~ - j.
certsinlv a most severe imputation
We remark, secondly. that an attor
ney is under special obligations to b.
cons,derate and respectful in lis con
duct and communications TO a Judge
He is an officer of the court ana it i
therefore his duty to uphold lis honor
and dignity. The independence Of til
profession carries with it TIRE righ
freely 10 challenge. criticise and con
denim all matters and things under re
view and in evidence p -Tit'7 ii
privilege goes the CORES bonding CHI
cation CT constant courtesy and res
ract toward the tribunal in which tn
proceedings are pending AM tn
fact that the tribunal is an inferio
che. and its rulings not fl II and VIII
out appeal. does not diminish in tn
slightest degree this obligation OF
courtesy and respect. A Justice O
: the peace before whom the most tri
ling matter !: being litigated is er
titled to receive from every attorne
in the case cO-teOus and respectfi
!. treatment A failure to extend TIL
, courtesy and respectful treatm ont
. . f'ilUra Of A1,,rv; end Il ma ho 8
IovpIictirn- to tn