Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-05-01

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 Misrepresentation,
false charges or yilification.
He may fully present, discuss and
argue the evidence and the law and
freely indicate wherein he beIe. es
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-
soniDg 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 anv
departure from them by a member
Of the oar would seem to be willfui
and intentional misconduct.
The power of courts to punish for
contempt and to maintain dignity in
heir proceedings is inherent and is
as old 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 a barrister
and member of the House of Com
mons for sending 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 privi-
legde of parliament ought not to be
admitted" 2 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 a letter.
couched in respectful language, IN
wAich they stated. substantially. that
stances of the former trial, that the
Judge had conceived a prejudice
against him. and that his mind was
net in the unbiased condition neces-
sarv to afford an impartial trial, and
respectfully requested him 10 ccnsid.
err whether he should not relinouish
the duty Of presiding at the trial to
some other Judge, at the same time
declaring that nc 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 pu2licaly reDrimanded the 9th
ers. the junior counsel, at the time eX
pressing the opinion that if such a
thing had been zone by them in Eng
land. they would have been expelled
from the bar within one hour" The
counsel at the Jime protested that
they intended no contempt Of
court and that they felt anC
Intended to express no disres
pect for the judge but that their ac
ton had been taken III furtherance @
what they deemed - V.uel interests
OF cir client and the faithful anG
conscientious discharge Of The duty
The judge accepted the disclaimer OF
personal disrespect. but refused to
| believe the disclaimer Of intention tc
commit Il contempt and enforced the
fines. II Albany Law Journal 40S
26 Am. R. 752.
For sending to a district Judge on
= Of court a letter sta,ing that The
. ruling YOU have made is directly con
trary to every principal of law, AM
every body hnows /. l believe and
, is our desire that no such decision
I shall stand unreyersed in any court
l We practice in" an attorney was fine
$50 and suspended from pracllce unit
+ the amount shouiu be paid. In de
Hvering the opinion Of the Suprem
Court of Kansas in Re frior, IS Kan
70 26 Am. TAI, Brewer j.. said:
Upon this we remark, in de 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 c
. law and that everybody nows il. i
i. certainly a most severe imputatior
We remark, secondly. that an attol
ney is under special obligations to b
cOnsiderate and respectful in MS cor
duct and communications 10 2 Judge
He is an officer Of the court and If
therefore his duty to uphold its homo
and dignity. The independence of tn
profession carries with If the RICH
freely to challenge. criticise and cor
!, demn all matters and things under r.
!. view and in evidence. But with iii
privilege goes the corresponding obi
: cation of constant courtesy and re:
pect toward the tribunal in which tn
: proceedings are pending. And til
: fact that the tribunal is an inferio
. enc, and its rulings not final and witt
. out appeal, does not diminish in tn
!, slightest degree this obligation OF
: courtesy and respect. A justice c
= the peace before whom the most tri
!. ling matter is being litigated is el
j titled to receive from every attorne
; in the case cOrteous and respectfl
n treatment. A failure to extend til
{ courtesy and respectful treatment
g a failure of duLv: and ii NAV be