Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-18

his brief or argument is to assist the
court in ascertaining the truth per
tanning to the pertinent facts, the real
effect of decisions and the law appli-
cable in the case, and he far Oversteps
the bounds of professional conduct
when he reports to n representation
false charges or vilifcatiOn.
He may luly present discuss and
argue the evidence and the law and
freely indicate wherein he pene. es
that decisions and rulings are wrong or
erroneous but this he may do with
cut 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
ar 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 anv
departure from them by member
of the bar would seem to be willful
md intentional misconduct
The power Cf courts 10 punish for
contempt and to maintain, dignity in
their proceedings is inherent and Is
as cid as courts are old It is also
provided by statute. BY analogy we
note the adiudications and penalties
imposed in a few Of the many cases
ord COttingham imprisoned Ed
! mund Lechmere Charlton barristar
and member OF the House of Com
mons for sending a scandalous letter
10 one of the masters CT 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 priv
legde Of parliament ought not to be
admitted" , Mime and Craig. 217.
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 20 the judge a letter.
couched in respectful language, IN
w.ich 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 dutv Of presiding at the trial TO
some other judge, at the same tine
declaring that no personal dlsrespect
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 publicallv reprimanded the 9th
ers. the junior counsel. at the time ev
pressing the opinion that if such a
thing had been lone by them in Eng
land. they would have been expelled
from the bar within one hour" The
counsel at the time protested that
thev intended no contempt q
court and. that they felt ant
intended to express no disres
pect for the Judge but that their &C
ton had been taken in furtheran"a G,
what t1-ey deemed : WI iH.o"o~+s
CT / cir client and the faithful and
conscientious discharge # tht duty
The Judge accepted the disclaimer Ct
personal disrespect hut refused TO
believe the disclaimer OF intention to
commit a contempt and enforced the
fines. II Albany Law Journal 4OS
26 Am. R. 1852.
Fer sending to a d strict iuSge c'''
Ct court a letter stating that The
rulng YOU have ~,aGn Is Ireot'-- con
trary to every principal of law, anc
every body nnows :. believe and q
is our desire that no such declSlOr
shall stand unreversed in any cor~t
we practice in an attorney was fiNe,
$50 and suspended from pracuce unit
the amount Should be paid. In de
| livering tho opinion of the Supreme
Court of Kansas in Re Prior. Is Kan
-. 26 Am. 747 Brewer j.. said:
Upon this we remark in lo frs
place that tho language of this letter
is very insulting. To say to a judge
that a certain ru- ng which he has
made IS contrary to every principle O
law arf that everybody d. ro-rc Il 8
certainly a most severe imputation
We remark. secondly. that an attor
ney is under special obligations to b.
duct and communications t. Judge
He is an officer Of the court and If i
therefore his duty to uphold is heno
and dignity. The independence Of tn
profession carries with it the RICH
freely to challenge, criticise and con
denim all matters and things under re
view and in evidence. - vii hi
privilege goes the corresponding obi
cation of constant courtesy and res
Dect toward the tribunal in which til
proceedings are pending. And til
fact that the tribunal is an irfero
che and its rulings not flal and wit,
out appeal. does not diminish in tn
slightest degree this obligation OF
courtesy and respect. A justice @
(. the peace before whom the most tri
:. ling matter is being Irrigated is ell
! titled to receive from every attOrne
in the case cOrteCus and respectf,
;. treatment. A failure to extend TIL