The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-10

VI VuUAC 0AU private EIS0G8s nor INC
officers Charged W.. the duty of ad-
ministerlng them" 12S u: 8. 3l3.
In re WOOley II NY. IS, At was held |
t. at to incorporate into a Potion for !
rehearing the statement that Your t
nonors 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
Euage 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 a paragraph in that
opinion we quote: .
IAN 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 NAV so conduct himself as to contin-
ually interrupt the business of the
courts in which he practices; or he
/ may by a 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 cOnsuma ciOuSly
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 1852, the re-
spondent was fined for ironically stat
ing to justice Of the peace, Il think
this magistrate wiser than the SUI
preme court" Redtield, c. J., said:
"The counsel must submit in JUS
tice court as we'll as in this court,
and with the same formal respect,
howeS er difficult. it may he either
here or there"
Eve do not see that the relator has
any alternative left him but the sub
mission 10 what ae NO doubt regards
as q mi~apprehensioA Of the law. both
| on the part of the justice and of this
court. And in that respect he Is in a
have failed to convince others Of the
soundness of their own views, or to
became convinced themselves 0 tthel,
faiacy"
II In Mahoney v State, 72 N. E. ISL
i an attorney was fined $50 for saving
O 81 want to see whother the court is
right or rot want = know whether
| am going to be heard in this case in
/ the interests Of my clieE. or no
/; and making other insolent statements
In Re,s.nau V. State % Ind. the judge
informed counsA that question was
improper and the attorney fepiled
}, IF we cannot examine our witnesses
}, he can stand aside" This language
, was deemed offensive ana the cour,
prohibited that particular attorney
from examining the next witness.
In Brown V. Brown w Ind 727. the
J. lawyer was taxed with the cost of the
I action for filing and reading petition
for divorce which was unnecessarily
gross and indicate
In Mccormick v. Sheridan. 20 P. "a
! IS. Cal. "A petition for rehearine
! stated that how or why the honorable
commission should have SO effectually
and substantially ignored and disre
e garded the uncontradicted testimony
e We do not know. 1t seems that nei
=. Their the transcript nor our briefs
: could have fallen under the commits
sioners observation more disin
genious and misleading statement Of
d the evidence could not we'll be made
It is substantially untrue and unwar
ranted. The decision seems to us I'd
e be traversitv of the evidence" Hell
that counsel drafting the petition wa:
=. guilty of contempt committee in the
face of the court, notwithstanding
disavowal of disrespectful intention
= A fine of 5000 was imposed with an al
tentative of serving in Jail
! The Chief Justice speaking for TIL
4, court in State " Morrill,. Is Ark. 81
! said:
# 'If it was the general habit of TIL
" community to denOunce. degrade. AM
X disregard the decisions and judgment
It of the courts no man of self-respec
e and just pride Of repu: a IN wa,ud re
2 main upon the bench. and such onl.
t. would become me ministers of tn
e law as were insensible to defamation
t. and contempt But happily for tn
o good order of society, men. an espeC
ID tally the people of this country, ar
S generally disposed to respect ans
abide the decisions of the tribunal
c. ordained by government as the con
s mon arbiters of their rights. Blu
a. where isolated individuals. IN viola
{, ton of the better instincts of huma
If nature and uisregardful of law an
e order. wontanly attempt to obstruc
Il the course of public justice by disre
re garding and exciting disrespect 70
n the decisions o. its trii,una 5. ever
good citizen will point them out a
4 proper subjects fer legal arlmadyel
e. sion
u A court must naturally look first t
|: an enlightened and conservative ba,
d governed by high sense of profe'
1f sional ethics and deeply sensible, a
or thev ALWAYS are of its necessity +