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

ependence. may become want to use
ontemptuOus, angry or insulting eX-
,ressions at every adverse ruling I'M
Al it become the courts clear duty
check the habit by the severe les
on of a punishment for contempt.
The single insulting expression for
hch the court punisnes may there
ore seem to those knowing nothing of
he prior conduct of the attorney, ana
looking only at the single remark a
after which might we'll be unnotic-
ed; and yet if all the conduct OF the
attorney was known. the duty of in
reference and punis ment might be
clear
We remark finally, that while from
he very nature of things the power
of court to punish for contempt is
vast power, and one which. in the
hands OF corrupt or unworthy judge
may be used tyrannically and unjust
", yet protection to individuals lies
IN the publicity of all judicial pro-
ceal ngs. and the appeal which may
be made to the legislature for pro
proceedings against any judge who
proves himse,f unworthy of the power
intrusted to him"
Where a contention arose between
counsel as to whether a witness had
not already answered a certain ques
ton. and the court after hearing the
reDoTter's notes read, decided that
she had answered it. whereupon one
Of the attorneys sprang to his feet,
and turning to the court sad, IN a
loud tone and insulting name!
She has not answered the question"
held that the attorney was guilty Of
j contempt regardless of the question
, w-c.her the decision Of court VS.
right or wrong" Russell V, Circuit
Judge. 81 Iowa, 1o2.
IN Sears V. Starbmd, Is Cal 81. Z
Ana. ST. 1z3. a brief rejecting unon
the trial Judge was stricken from the
record in the Supreme Court, because
il contained the following:
. THE court. out O. fullness of his
love for cause, the parties 10 it or
their counsel. or from an Cyerzea' Gus
desire 70 adiudicate all matters. points
+ srgumen and things could net, with
any degree OF propriety under the law
patch md doctor up the cause of the
plain.ffs, whic, perhaps the care
lessness Of their counsel haQ left II
. 81 SUSH q CCUvit -UH S' " SLGAttG DiSih q
no relief whatever
IN reference to this language it va!
said in the opinion:
= ere is q ---->-nct intination t,I2t
the Judge Of e court below did nO'
act from proper motives. but from {
love Of the parties or their counsel
We see nothing il HE record wliic'
sugg asts that such was the case. o.
the cpntrar-. e action complained 0
seems to Us TO have been e1tiralr
proper: See ST. V Reese. II Cal. $40
The brief. therefore contains a grounu
less C. arge against the purity of no
tive of the Judge c the court below
This we regard as grave breach Of
professional nTo9riety. Every person
on his admission to the bar takes al
cath to faithfully discharge the du
ties of an attorney ana cnHncelcr
Surely sue a course as vas taken il
this case is not in compliance W
that duty. IN Friedlander V. Sumne
G. & s Nj Co. 81 al. III. The cour
said
If unfortunately counsel in an
case shall ever SO far forget l;n2"i
as wiIlfully to employ language n3aU;
testify disrespectfuI to the Judge Of tn
superior court-a thing not to be an
ticipated-we shall deem it cnr d"r'
to treat such conduct as contempt o
this court and to proceed according
": and the briefs of the case wer'
ordered to be strlcEen from the fi:es.
In T. 3 " Late Corporation OF
Church of Jesus Ch.i;- cf Later Ia
Saints, language used in the petition
filed in effect accusing the court o
an attempt to shield its receiver ant
his attorneys from an investigation
Of charges OF gross misconduct in OF
fee and containing the statement tina
I'VE must decline TO assume th'
funct .ons of a grand jury. or attemp
to perform the duty Of the court il
/, investigating the conGuct Of its off
GERS. was held 10 be contemptuous
211 P. ol9.
In re Terry. So Fed. 419 an eXtrem
case. for charging the court with hay
. ing Ieon bribeC. resisting r"-''f>--9
from the court room by the marsha
acting under an order from the bench
: and using abusive language. che @
the defendants was sent to jail
: thirty days and the other for 81
: months. Judge = cry who had NJ
maze any 3CtuSdiun. against VI
court sought release ard to be pur@
: ed Of the cCntempt by a sworn pen
: ion in which he alleged that in tn
2 transaction he did not have the sigh
est idea OF showing any disrespect
: the court 1t was held that this cow
= not avail Or relieve him and it wa
: said:
: "The law imputes an intent to
: ccmplisb the natural result Of che
Q acts. and. when those acts arc Ct
2 criminal nature, it will not accep
: against such implication the denial
J. the transgresscr No one would !
e safe if denial or wrongful or erin
: raj intent would suffice to realese Il
+ violator from the Punishment due
his offenses."
l. In an application fer writ cf y
Y beas cCrnus growing out Of that cas-
Il Justice Harlan. speaking fer the s
8 orere court CT the United States CO..
L.