Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-28

OF public and private rights, nor the
ohcers Ga ged W. the duty OF ad-
ministerlng them" 128 u. S. 3l3
In re WOoley IL NY. 80, It was held
L at to incorporate into pr. .tion for
rehearing the statement that Your
--onOrs have rendered an unjust de-
cree" and othe.' insulting matter, is
to commit in open court an act con-
stitutiLg contempt on the part of the
I attorney, and hat where the lam
/ Suage spoken or written is of itself
necessarily offensive, the disavowal O.
] an intention to commit a contempt
| may tend TO excuse but cannot justify
| the act. From a 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 nduct 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 stulously 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 contumaciousIy
refuses in any way to atone. may JUS
! jify the refusal Of that tribunal to
! recognize him in the future as one Of
| its officers
I In re Cooper. 80 VT 262. the re-
J spondent was fined for ironically stat
ing to a justice Of the peace, Il think
this magistrate wiser than the Sr-
preme court Redheld, C. J., said:
The counsel must submit in jus
tice court as we'll as in this court,
and with the same formal respect,
howeI er difficult. it may lie either
here or there"
I'VE do not see that the relator has
any alternative left him but the sub
mission 10 what ne no doubt regards
as a misapprehension of the law. both
on the part of the Justice and of this
/
| condition very similar to many who
have failed TO convince others of the
sOundness Of their own views. or to
| became convinced themselves 0 fthetr
! falacy."
In MahOnev V. State e n. f. Isl
an attorney was fined $50 for saving
81 want to see whether the court is
| right or rot J want = know whether
| H.
the interests of my client or M. .
and making other insolent statements.
! In Redman V. State IS Ind, the Judge
Informed counsel that a 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 V Brown " Ind. 72I. the
lawyer was taxed with the cost of the
action for filing and reading a petition
for divorce which was unnecessarily
gross and indicate
!, In Mccormick V. Sheridan. 20 P. "a
IS. Cal. "A petition for rehearing
stated that how or why the honorable
commission should have so eftectually
and substantially ignored and disre-
garded the uncontradicted testimony.
We do not know. 1t seems that nei-
Their the transcript nor our briefs
could have fallen under the commits
sioners observation. A more disin-
genious and misleading statement Of
the evidence could not well be made
1t is substantially untrue and unwar-
ranted The decision seems to us to
be a traversitv Of the evidence" Held
that counsel drafting the petition was
guilty of contempt committed in the
face Of the court Notwithstanding a
disavOwal of disrespectful intention
A fine of 5000 was imposed with an al
tentative of serving in Jail
, The Chief Justice speaking for the
court in Srate V Morrill, 16 Ark. 80
said:
IF if was the general habit of the
| community to denOunce, degrade, and
disregard the decisions and judgments
Of the courts no man of self-resDect
and just pride of repu;a ! III w1dd re
main upon the bench. and such only
! would become Ine ministers Of the
law as were insensible 10 defamation
and contempt. But happily for the
good order Of society. men. an espec
tally the people of this country, are
generally disposed to respect and
abide the decisions of the tribunals
) ordained by government as the COW
mon arbiters Of their rights. But
where isolated individuals, In viola
: ton of the better instincts of human
nature. and uisregardful of law ant
order, wCntanlv attempt to obstruc'
Ito course of public Justice by disre
garding and exciting disrespect fol
the decisions o. its triiMlnH 5. ever,
> good citizen will point them out a:
] proDer subjects for legal anlmadver
sion.
court must naturally look first Il
an enlightened and conservative bar
: governed by a high sense OF DrOfes
: SIGNAL ethics and deeply sensible, a:
| they always are. Of its necessity t
e | Of in bo maintenance of r1gIbIio roc