Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-05-02

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 vilification.
He may fully present, discuss and
argue the evidence and the law and
freely indicate wherein he benz, 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-
sonlng 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 bv 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 oar would seem to be willful
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. BE- analogy we
note the adiudications and penalties
e h.
ord Cottingham imprisoned I'd
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 hiss claim to be discharged
from imprisonment by reason Of privi-
legde Of parliament ought not TO be
admitted" Milne and Craig, BIT.
When the case of People VS.. Tweed
in New York came Zip a second time
before the same Judge, before the trial
commenced. the prisoners counsel pri-
vately handed 10 the Judge a letter,
couched in respectful language, in
wlich they stated. substantially. that
their client feared, from the circum-
stances of the former trial, that the
judge had conceived prejudice
against him, and that his mind was
not in the unbiased condition neces-
sarv to afford an impartial trial. and
respectfully requested him to cCnsid-
err whether he should not relinquish
the duty of presiding at the trial to
some other Judge, at the same time
declaring that no personal disrespect
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 fine of $3.50 each,
and politically reprimanded 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 time protested that
/ they intended no contempt of
/ court and that they felt and
/ intended to express no disres.
pect for the Judge but that their &C
| ton had been taken in furtherance OF
what they deemed e wal interests
of l-eir client and the faithful and
conscientious discharge Of the r duty
/ The judge accepted the disclaimer of
personal disrespect, but refused to
believe the disclaimer of intention to
commit a contempt and enforced the
| fines. IL Albany Law Journal 408
rs Am. R. 752.
For sending to a district Judge out
Of court a letter stating that The
ruling you have made is directly con
trary to every principal of law, and
every body hnows !, believe. and il
is our desire that no such decision
shall stand unreversed in any court
we practice in an attorney was fine,
$50 and suspended from practice unit
the amount should be paid In de
livering the opinion of the Supreme
Court of Kansas in Re Prior. Is Kan
72 26 Am. TAT, Brewer j.. said:
Upon this we remark, in he frs
place that the language of this letter
is very insulting. To say to a judge
that a certain ruling which he has
made is contrary to every principle 0
law and that everybody .-nows It. i:
certainly a most severe imputation
We remark, secondly. that an attor
ney is under special obligations to b.
considerate and respectful in MS con
duct ana communications 10 q nudge
He is an officer of the court and it i
therefore his duty to uphold its honor
and dignity. The independence of tn
profession carries with it the RICH
freely to challenge. criticise and con
denim ali matters and things under re
view and in evidence. But with thi
privilege goes the corresponding obi
cation of constant courtesy and res
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 will
out appeal. does not diminish in tn
slightest degree this obligation of
; courtesy and respect. A justice o
) the peace before whom the most tri
ling matter is being litigated is er
|, titled to receive from every attorne
in the case corteous and respectfu
! treatment. A failure to extend thi
courtesy and respectful treatment
failure Of duty; and it may be 8
gross a dprp1iction as IN warrant tn