The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-12


officers Charged W, the duty of ad-
ministerlng them" 12S U. S. 313.
In re WOOley II NY. IS, It was held
t. at to incorporate into pt. .tion for
rehearing the statement that Your
LOnOrs 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
guaSe 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 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 may 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
/ Hill W dCt ehS OH oiASCi anu 1Itoi NY
! 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 contumaciOuSly
refuses in any way to atone, may JUS
tify the refusal of that tribunal to
I recognize him in the future as one of
its officers"
( In re Cooper. 30 Vt 262, the re-
spondent was fined for ironically stat
, ing to a Justice of the peace, & think
this MAGISTRATE wiser than the SUI
! preme court" Redtield. c. J., said:
The counsel must submit in JUS
! tice court as well as in this court,
/ and with the same formal respect
f. hoWel er difficult. it may tie either
here or there"
eve do not see that the relator has
any alternative left him but the SUBJ
mission TO what he no doubt regards
as a misrepresentation of the law. both
on the part Of the justice and of this
court And in that respect he is in a
condition very similar to many who
| have failed TO convince others of the
sOundness of their own views. or to
became convinced themselves O ftheir
falacy"
! In Nahoney V. State. g n F. Isl.
an attorney was fined $50 for saving
81 want to see whether the court is
right or rot , van II know whether
I am going to be heard in this case in
the interests of anv client or ~, .
and making other insOlent statements
In Redman V. State IS 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
/ from examining the next witness
In Brown Y. Brown " Ind -2,. the
lawyer was taxed with the cost of the
action for filing and reading petition
for divorce which was unnecess arily
gross and indicate
i In Mccormick V Sheridan, 20 P. "a.
IS. Cal. a petition for rehearing
stated that how or why the honorable
! commission should have so effectually
and substantially ignored and disre-
garded the uncontra dicted testimony.
we do not know It seems that nei-
Their the transcript nor our briefs
could have fallen under the commits
siOners observation. A more d:sin-
genious ard misleading statement of
the evidence could not we'll be made.
II is substantially untrue and unwar-
ranted The decision seems to us to
h. ~ Of l-,, I ~
that counsel drafting the petition was
guilty of contempt committed in the
face Of the court not withstanding a
disavowal of disrespecjful intention.
A fine Of 5000 was imposed with an al
tentative of serving in jail
The Chief Justice speaking for the
court in State V Morrill,. 16 Ark 80
said:
IF it was the general habit Of the
community to denounce. degrade. and
disregard the decisions and judgments
Of the courts. no man of self-resDecI
and just pride Of renusa ! III w2uld re-
main upon the bench. and such only
would become ne ministers of the
law as We're insensible 10 defamation
and contempt But happily for the
good order of society, men. an espec
laiiE the pepllt ol thIS county, d4t
generally disn0sod to respect and
abide the decisions of the tribunals
ordained by government as the com
; mon arbiters Of their rights. But
where isolated individuals. IN viola
ton of the better instincts Of human
t nature and Gisregardful of law and
order, wontanlv attempt to obstruct
lAe course of public justice by disre
4 garding and exciting disrespect for
the decisions OF its trihnna 5. every
good citizen will point them out as
proper subjects for legal anlmadver
sion.
: A court must naturally look first tc
an enlightened and conservative bar
governed by high sense Of profes
sioual ethics and deeply sensible, as
: they always are. Of its necessity tc
aid in the maintenance Of public res
Dan+