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

these tribunals Of ihs. e or the sup-
port and Urese. atioc of their respec-
liability and independence; it has ex-
listed from the eac..- :. ,'i3i t. wbith
the annals OF iuii, .lrudsace eEtend;
and. except in lew cases Of marty vlo-
lence. it has been sanctioned and es-
tabllshed by the experience Of sges."I
Lord Mayor of LOndon's case, 8 Will
soh. 1888; opinion O. Kent. G. J.. in
the case of Yates, Johns, BIZ; John
son v. The Commonwealth l Bibb 59S
At page zoe of Weeks on Attorneys.
I'd edition it IS said:
Language may be cOntemptuous.
w..ether written or spoken; and if in
the presence of the court. notice is
not essential before punishment and
/ scandalous and Insulting matter in
petition for rehearing is equivalent
to the commission in open court of an
act constituting contempt. When
the language is capable of explana-
ton. and is explained, the proceedings
must be discontinued; but where it
Is offensive and insulting per Sc. the
dlsavowal of an intention to commit
a contempt may tend to excuse, but
| cannot justify the act From an oben
notorious and public insult to court
for which an attorney 'contumaciously
refused in any way to atone. he was
fined for contempt, and his authority
to practice revoked"
/ Other authorities in line with these
we have mentioned are cited in the
note to re Cary, 10 Fed 63k. and in
9 Cyc. L. 90. where it is said that
4
sorting in pleadings, briefs, motions,
/ arguments, petitions for rehearing or
other papers filed in court insulting
or contemptuous language. rejecting
on the integrity of the court
b using the Objectionable language
stated respondent became guilty of a
contempt which no construction of
the words can excuse or purge. His
disclaimer of an Intentional disres-
pect to the court may palliate but
cannot justify 2 charge which under
any explanation cannot be construed
otherwise than as rejecting on the in
teiigence and motives of the court,
and which could scarcely have been
made for any other purpose unless to
intimidate or Improperly influence our
decision
AS We have seen, attorneys have
been severely punished for using Ian
guage in many instances not so rep
rehenslole. but IN view of the disa-
voWal in open court we have conclud-
ed not to impose penalty so harsh
: as dlSbarment or suspension from
practice. or fine or Imprisonment.
Nor do We forget that on prescribi.e
asaI.st the misaoEllc 81 attorney;
litigants ought not to be punished G.,
prevented from n.airta,ning in the
case all petitions. pleadings, and pa
pers essential 10 the preservation ant
enforcement of Their rights.
1t IS ordered that the offensive net
itlon be stricken from the files. tina
respondent stand reprimanded ant
warned. and that he pay the costs d
this proceeding.
an attempt to shield its receiver ant
his attorneys from an investigation
of charges of gross misconduct in of
flee and containing the statement tha
We must decline to assume the
functions of a grand jury or attemp
to perform the duty of the court il
investigating the conduct Of its off
GERS. was held to be contemptuous
211 P. SIG.
In re Terry. Sc Fed 41s an extrem
case, for charging the court with hav
: Court deemed the language contemp:
uous, the said language be stricken
out of his petition.
Respondent not only contended an,
said that he had no intention to b,
disrespectful or contemptuous but h,
also earnestly contended that the Ian
guage charged against him and which
ing was based, was, in nay opinion
contemptuous: and moved that IL tn
! he admitted having used was not dis
oath to faithfully discharge the du
ties Of an attorney and cnuncelcr
4 Surely sucn a course as was taken il
B. this case is not in compliance W.
/ that duty In Friedlander v. Sumne
G.. & S. NJ Co., 81 .al. III. The cour
e said:
. IF unfortunately counsel in any
case shall ever SO far forget himsei
? as willfully to employ language man
1 testify disrespectful to the Judge of tn
S superior cOurt--a thing not to be an
I ticipated-we shall deem it our dut
= to treat such cooduct as contempt G
y this court. and to proceed according
e ly: and the briefs Of the case wer
n ordered to be stricken from the flies.
e In L. S V. Late CORPORATION o
:, Church of Jesus Chtisr Of Later Ia
e Saints. language used in the petitio
j warned and hat he pay the costs G