Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-12

W inc ptItiIltH leSCLo, tHc led
effect of decisions and the law appli-
cable in the case and he far oversteps
the bounds of professional conducl
when he reports to misrepresentation,
false charges or vilifcatlOn.
He may July present. discuss and
argue the evidence and the law and
freely indicate wherein he benz. IS
that decisions and rulings are wrong or
erroneous, but this he may do with
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 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 a member
of the bar would seem to be wilful
and intentional misconduct.
The power of 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. BY analogy we
note the adjudications and penalties
I imposed in a few of the many cases
ord Cottingham imprisoned Ed
mund Lechmere Charlton a barrister
and member of the House of Com
mons for sending a scandalous 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 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 a second time
before the same Judge. before the trial
commenced. the prisoners counsel pri-
vately handed to the judge q letter.
couched in respectful language. in
witch they stated substantially, that
! their client feared. from the circum-
stances of the former trial. that the
Judge had conceived a prejudice
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 tc
some other judge, at the sane time
declaring that no personal dlsrespec'
was intended toward the judge of the
court. The Judge retained the letter
and went on with the trial, At the
and of the trial e sentenced three
of the writer's to fine of $3.50 each
and puhlicaliy reprimanded the 9th
ers, the junior counsel, at the time ex
pressing the opinion that if such &
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 tina
they intended no contempt o
> court and that they felt ant
intended to express no disres
pect for the Judge but that their &C
ton had been taken in furtheraHce 0
what they deemed v..al interest
of | cir client and the faithful ant
conscientious discharge cf the duty
1 The judge accepted the disclaimer o.
personal disrespect. but refused tc
1 believe the disclaimer of intention tt
commit a contempt and enforced th1
fines II Albany Law Journal 40S
26 Am. r. 1872
l For sending to strict Judge ON
of court a letter stating that "Th,
: ruling you have made is dirert'v con
trary to every principal Of law, an
every body nnows !. I believe. and
q nv yctfav
shall stand unreversed in any court
We practice in" an attorney was fine
$50 and suspended from pracL,ce unit
the amount shouia be paid. In de
livering the opinion Of the Suprem
Court Of Kansas in Re trior. IL Kar
u. 26 Am. TAT. Brewer J.. said:
Upon this we remark. in ae frs
!, , place that the language of this lette
is very insulting. To say to a judg
that certain ruling which he ha
. made is contrary to every principle {
:; law and that everybody .-nows It.,
certainly a most severe imputatior
We remark, secondly that an alto
.. ney is under special obligations to b
; considerate and respectful in mis- co,
,, duct and communications TO a iudg'
He is an officer of the court and II
therefore his duty to uphold its homo
and dignity. The independence Of til
profession carries with it the RICH
freely to challenge, criticise and CO,
!, denim all matters and things under r
!. view and in evidence. Pit with th
, 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 its rulings not final and wit
a out appeal, does not diminish in tn
!. slightest degree this obligation o
q courtesy and respect. A Justice {
Il the peace before whom the most tri
:. ling matter is being Irrigated is e.
4 titled to receive from every attorne
p in the case corteous and respectf
q. treatment. A failure to extend tn
2 courtesy and respectful treatment
3 a failure. Of duty: and it may be
Ia gross dereliction as to warrant IL
"a exercise of the power to punish (,