Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-13

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 viliticatiOn.
He may July present. discuss and
argue the evidence and the law and
freely indicate wherein he Dene, as
that decisions and rulings are wrong or
erroneous but this he may do with
Gut 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-
soning 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 men,
her, and which the people, Through
the Constitution and by 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 anv
departure from them by member
Of the bar 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. Il is also
provided by statute. BY analogy we
note the adjudicatiOns and penalties
imposed in a few Of the many cases.
ord COttingham imprisoned Ed
mund Lechmere Charlton barrister
and member of the House Of Com
mons for sending a scandalCus letter
10 one Of the masters Of the court.
and a committee from that body. after
an investigation. reported that in their
opinion his ''claim to be discharged
from Imprisonment by reason of privl-
/ legde of parliament ought not TO be
! admitted.' , Milne and Craig. 317.
When the case of People VS.. Tweed
in New York came UP a second time
before the same Judge. before the trial
commenced the prisoners counsel pri-
vately handed 10 the Judge ? letter
cOuched in respCctz-i language. in
which they stated. substantially that
their client feared. from the crcum-
stances of the former trial, that the
! Judge had conceived a prejudice
against him. and that his mind was
not in the unbiased condition neces-
sary to afford an impartial trial. and
respectfully requested him to cCnsid-
er whether he should not relinquish
the duty Of presiding at the trial to
some other judge, at the same time
/ deClarin~ that no personal dlSreSpect
was intended toward the Judge Of the
! court The Judge retained the letter
and went on with the trial. At the
end CT the trial e sentenced three
of the writer's to a fine of $3.50 each
! ard nuhlicaliv renrimanded the 9th
ers. the junior counsel. at the time eX
pressing the opinion that if such a
thing had been tone by them in Eng
land, they would have been Expelled
from the bar within ono hour" The
counsel at the lime protested that
they intended no contempt =
court and that they felt ant
intended to express no disres
pect for the Judge but that their &C
ton had been. taken in furtherance @
what they deemed = vital interests
of I cir client and the faithful and
conscientious discharge CT the duty
The Judge accepted the disclaimer q
personal disrespect. hut refused to
believe the disclaimer of intention tC
commit a contempt and enforced the
fines. II Albany Law Journal 4OS
26 Am. R. 1852.
For sending to a d strict Judge o."
OF court a letter stating that The
ruling YOU have made is directly con
trary to every principal of law, ant
every body nnows -! believe and i
is our desire that no such decision
shall stand unreversed in anv court
We practice in an attorney was fine
$50 and suspended from practlce unit
the amount should be paid In de
livering the opinion Of the Suprem,
Court of Kansas in Re Prior. - Kan
70. 26 Am. TAI. Brewer J.. said:
Upon this We remark. in le frs
Mace that tho language of this Letter
is very insulting To say to a judg,
that a certain ruling which he ha
made is contrary to every principle c
law and that everybody no-vs #. i
certainly most severe imputation
We remark, secondly. that an attol
ney is under special obligations to b
cOnsiderate and respectful in ris cor
duct and communications TO a Judge
He is an officer OF the court, and if i
therefore his duty to uphold its homo
profession carries with it the RICH
freely to challenge, criticise and cor
denim all matters and things under re
view and in evidence. E with thi
privilege goes the corresponding obi
CATION Of constant courtesy and res
Dect toward the tribunal in which tn
, proceedings are pending. And tn
fact that the tribunal is an inferio
s enc, and its rulings not final and witt
3 out appeal. does not diminish in tn
] Eslightest degree this obligation OF
> ! courtesy and respect. A Justice c
4 the peace before whom the most tri
: ling matter is being litigated is el
4 titled to receive from every attorne
; in the lease cOrteous and respectfl
:. treatment. "A failure to extend tn
: cour. esy and respectful treatment
e failure of d"tv: and il NAV he s
a gross a dereliction as. to warrant til
q exercise Of the power to punish II