The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-08

the laws enacted for the vindication
OF public and private rights, nor the
officers Charged W. the duty Of ad-
ministerlng them" 128 U. S. 313.
In re Wooley IL ny. IS, It was held
t. at to incorporate into p. -.tion for
rehearing the statement that Your
Lonors have rendered an unjust de-
cree" and Other insulting matter, is
to commit in open court an act con-
stitutiLg contempt on the part OF the
attorney; and hat where the Ian
EuaSe spoken or written is of itself
necessarily offensive, the disavowal OF
an intention to commit a contempt
may tend to excuse but cannot justify
the act. From paragraph in that
opinion we quote:
can attorney may unfit himself for
the practice of his profession by the
manner in which he conducts himself
in his intercourse with the courts. He
may be honest and capable. and yet
he may so conduct himself as to contin-
ually interrupt the business of the
courts in which he practices; or he
may by systematic and continuous
course Of conduct, render it impossI-
Bile for the courts to preserve their
self-reSpect and the respect of the
public and at the same time permit
him to act as an officer and attorney.
An attorney who thus studiously and
systematically attempts to bring the
tribunals of justice into public con-
tempt is an unfit person to hold the
position and exercise the privileges of
an officer of those tribunals. An open
notorious and pubic insult TO the
highest judicial tribunal of the State
for which an attorney contumaciOusIy
refuses in any way to atone, may jus
tifv the refusal Of that tribunal to
recognize him in the future as one CT
its officers
: In re Cooper. 50 Vt go. the re-
spOndent was fined for ironically stat
ing to 6 justice Of the peace. & think
this magistrate wiser than the Su-
preme court" Redfeld. c. J., said:
/ The counsel must submit IN a JUS
tice court IS well as in this court,
and with the same formal respect.
! howel er difficult. it may IL either
here or there"
we do not see that the relator has
any alternative left him but the sub
mission to what ne no doubt regards
as a misapprehension Of the law. both
/ on the part OF the Justice and of this
court And in that respect he Is in a
condition very similar 10 many who
! have failed to convince others of the
s0undness Of their own views. CT to
became convinced themselves 0 fthe;r
falacv"
In Mah0nav Y State. t. n T. Isl
an attorney was fined $50 for saying
81 want to see whether the court is
right or rot van. = know whether
am going 70 be heard in tais case in
the interests Of nv client Nr no
: and making other insolent statements
In Redman Y. State % Ind the judge
Informed counsel that a question was
improper and the attorney replied
IF we cannot examine our witnesses
he can stand aside' This langua ge
was deemed offensive ana the courr
prohibited that particular attorney
from examining the next witness
In Brown y Brown " Ind 72. TIL
lawyer was taxed with the cost Of tn
action for fling and reading a petition
for divorce which was unnecessarily
gross and indicate.
In Mccormick V. Sheridan, 90 p "a
IS. Cal. "A petition for rehearins
, ! IeG Itidi NOM OF WY me nDllDIdti'
commission should have so eftectuall.
and substantially ignored and disre
2 garied the uncontradicred testimony
q We do not know. It seems that nei
Their the transcript nor our brief
could have fallen under the commits
siorarz observation. \ more disir
geniOns and misleading statement 0
4 the evidence could not well be made
L is substantially untrue and unwa'
ranted. The decision seems to us I
be traverSitv Of the evidence" Hell
that counsel drafting the petition wa
guilty Of contempt committed in tn
face Of the court. Notwithstanding
lisavOwa1 of disrespec;ful intention
}. \ fine of $500 was imposed with an a
tentative of serving in jail
The Chief Justice speaking for III
i court in State Y Morrill, Is Ark. 81
! said
+ If It was the general habit of III
r community to denounce. degrade. ar
X disregard the decisions and iudgmen
Il Of the courts. no man Of self-resDe
Q and lust pride of renu;a ii Wound r
: main upon the bench. and such on
: would become lie ministers OF r
O Law as were insensible TO defamaTiC
t and contempt But happily for Il
-o,i good order Of society. men. an espe
ID tally the people Of this country. 2
Is generally disnosed to respect ar
abide the decisions of the tribuna
c ordained rv government as the CO..
Is mon arhiters of their rights. B
a where isolated individuals. IN viol
t ton of the better instincts OF hum;
OF nature. and aisregardful of law a.
20 order. vOntanlv attempts TO obstru
Ii ,Ae course of public justice by dist
be garding and exciting disrespect +
in the decisions ot its triHrnA 5. eve
good citizen will point them out
a. nroner subjects for legal anrmady'
e, sion
u A court must ma turally look first
4: an enlightened and conservative b
d governed by a high sense OF prof
of cional ethics and deeply sensible,