Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-27
cteu TOR the vindicatiCn

O. publ4c private rights, nor the
officers c. sed the duty OF ad-
minis terrg en-" 12S U. S. BIB.
In re Wo ey Il NY. 81. Il was held
at to inc pirate into p,--tion for
"e caring aa statement that Your
.-OnOrS nave rendered an unjust de-
cree" and othe. insulting matter, is
O commit a open court an act con-
stitutil g a contempt on the part of the
attorney; and hat where the lam
guage spoken or written is of itself
necessarily offensive, the disavowal OF
an intention to commit contempt
: may tend to excuse but cannot justify
the act. From paragraph in that
opinion we quote:
an a+t0~ ev ray unfit himself for
/ the practice Of MS profession by the
/ manner in which he conducts himself
in his intercourse with the courts. He
may be honest and capable, and yet
| he NAV SO C nduCt himself as to contin-
/ ually interrupt the business of the
courts in which he practices; or he
! nav by systematic and continuous
course of conduct, render it impossi.
! bic fer 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
i1h 14r-T1 9, OiC NIyCi q
refuses in any way to atone, may JUS
tify the refusal of that tribunal to
! recognize him in the future as one Of
its officers"
In re Cooper. 80 VT 262, the re-
spondent was fined for ironically stat
ing to a Justice of the peace, Il think
this magistrate wiser than the SUI
preme court" Redtield, G. J., said:
The counsel must submit IN a JUS
tice court rs well as in this court.
and with the same formal respect,
howeN err difficult. it ntay lie either
here or there"
eve do not see that the relator has
any alternative left him but the SUBJ
mission to what re no doubt regards
as misrepresentation Of the law, both
on the part of the Justice and of this
/ I.
condition very similar to many who
have failed to convince others of the
soundness Of their own views, or to
became convinced themselves fthetr
falacy"
In Mahoney v. State, e n. E Isl,
! an attorney was fined $50 for saying
81 want to see whether the court is
right or r.ot want = know whether
am going 70 be heard in this case in
the interests Of my client or nv"
I and making other insolent statements
In Redman V State % Ind. the judge
informed counsel that question was
improper and the attorney replied
IF we cannot examine our witnesses
he can stand aside" This language
, was deemed offensive and the court
prohibited that particular attorney
r from examining the next witness.
IN Brown V. Brown N Ind. 727. the
lawyer was taxed with the cost of the
action for fling and reading petition
{ for divorce which was unnecessarily
gross and indicate.
2 In Mccormick v. Sheridan, 20 P. "a
IS. Cal. "A petition for rehearine
Y stated that how or why the honorable
T commission should have so effectually
: and substantially ignored and disre
= garded the uncontradicted testimony
= we do not know Il seems that nei
, Their the transcript nor our briefs
y could have fallen under the commits
, sioners observation more disin
t genious and misleading statement Of
| | the evidence could not we'll be made
, | 1t is substantially untrue and unwar
: ranted. The decision seems to us tc
h. Of h. avid yoJf
, that counsel drafting the petition was
t guilty of contempt committed in the
4 face of the court notwithstanding
i disavowal Of disrespectful intention
fine of 5000 was imposed with an al
| tentative Of serving in Jail
e The Chief Justice speaking for thu
: court in State v Morrill, Is Ark. 81
| said:
Il IF it was the general habit OF thu
/ community to denounce. degrade, AM
+ disregard the decisions and judgment
r of the courts. no man of self-respec
X and just pride of repu:a III wauId re
t main upon the bench. and such oni,
e would become 1ne ministers Of TIL
: law as were insensible to defamation
: and contempt But happily for tn
e good order of society. men. an espec
t. iallv the people of this country. ar
o generally disnosed to respect AM
d abide the decisions of the tribunal
S ordained by government as the con
mon arbiters of their rights. Blu
, where isolated individuals, in viola
s ton of the better instincts Of huma
a nature and oisregardful of law an
!. order, wontanly attempt to obstruc
II tle course Of public justice by disre
e garding and exciting disrespect 70
! the decisions OF its trii;una 5. ever
e good citizen will point them out a
Z proper subjects for legal anlmadvel
sion.
/ A court must naturally look first
E. an enlightened and conservative ba
u governed by a high sense OF prOfe
L: sional ethics and deeply sensible, q
they always are. OF its necessity t
IF aid in the maintenance of public re-