Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-19

his brief or argument is to assist the
court in ascertaining the truth per
tanning to the pertinent facts. the rea
OBJECT Of decisions and the law appli
cable in the case, and he far oversteps
the bounds OF professional cOnduc,
when he reports to Misrepresentation
false charges or vilification.
He may luily present, discuss and
argue the evidence and the law and
freely indicate wherein he pene, es
that decisions and rulings are wrong or
erroneous. but this he may do with
out 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 mem
Der, and which the people. through
the Constitution and bv 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 apy
departure from them by member
of the bar would seem to be willfuI
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 1t is also
provided by statute. BY analogy we
note the adjudications and penalties
6
ord Cottingham imprisoned Ed
mund Lechmere Charlton a barrister
and member of the House of Com
mons for sending a scandaous letter
to 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 q letter.
couched in respectful language, in
which they stated. substantially, that
their client feared. from the circum-
! stances Of the former trial, that the
! Judge had conceived prejudice
against him, and that his mind was
rot 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 sane time
n Al tIot 81
was intended toward the Judge of the
court. The Judge retained the letter
and went On with the trial. At the
end of the trial = e sentenced three
of the writer's to a fine of $3.50 each
and publically reprimanded the 9TH
ers. the junior counsel. at the time ey
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 one hour" The
counsel at the time protested that
Trey intended no contempt G
court and that they felt anc
intended to express no disres
pect for the Judge but that their &C
ton bad been taken in furtherance o
what tney deemed Vel int"~eett
CT cir client and the faithful and
conscientious discharge Ct -hs " dutv
The judge accepted the disclaimer Of
personal disrespect. but refused to
believe the disclaimer of intention t
commit a contempt and enforced ~
fines II Albany Law Journal 4Os
26 Am r. 1852.
For sending to district Judge on
OF court a letter stating that TIL
ruling you have made is directly con
trary to every principal of law. an
every body nnows |. believe. and i
!, ! is our desire that no such decision
, shall stand unreversed in any court
We practice in," an attorney was fine
$50 and suspended from practice unit
the amount shoulu be paid. In de
livering the opinion of the Suprem
Court of Kansas in Re Prior. Is Kar
Y. 26 Am. TAT. Brewer j.. said:
Upon this We remark. in lie frs
,, place that the language of this lette
is very insulting. To say to judg
that a certain ruling which he ha
! made is contrary to every principle {
. law and that everybody .nows it.
: certainly a most severe imputatior
We remark, secondly. that an alto
: ney is under special obligations to +
c0nsideFate and respectful in MS col
duct and communications to jude
He is an officer of the court. and it
therefore his duty to uphold its hone
and dignity. The independence of IL
: profession carries with it the rigt
freely to challenge, criticise and col
:, denim all matters and things under r
!, view and in evidence. T--+ Wit tn
, privilege goes the corresponding obi
!. cation Of constant courtesy and re
pect toward the tribunal in which IL
. proceedings are pending. And til
= fact that the tribunal is an inferiC
enc. and its rulings not final and wit
= out appeal, does not diminish in Il
!, slightest degree this obligation Q
+ courtesy and respect. ;As Justice
- the peace before whom the most tr
=. ling matter is being Irrigated is e
\ titled to receive from every attorn
. in the case corteous and respect
q treatment. A failure. to extend tn