Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-29

mlnlSteTlnS Lnem. lZS u. 5. 313.
In re Wooley IL ky. 50, It was held |
t. at to incorporate into a POTION for |
rehearing the statement that Your |
l-onors nave 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
attorney; and hat where the Ian
guage spoken or written is of itself
necessarily offensive, the disavowal OF
an intention to commit a contempt
may tend to excuse but cannot justify
the act. From a paragraph in that
opinion we quote:
IAN 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-
| uaIly interrupt the business of the
courts in which he practices; or he
| NAV 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 IS an officer and attorney.
/ An attorney who thus studiously and
!
( 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 public insult to the
! highest judicial tribunal of the State
for which an attorney c0ntumaciOusly
refuses in any way to atone, may JUS
tifv the refusal of that tribunal TO
! n; ~, fu+J, Of
its officers"
In re Cooper. 80 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" Redfeld. c. j., said:
'"The counsel must submit IN a JUS
tice court as we'll as in this court,
and with the same formal respect.
here or there
! eve do not see that the relator has
any alternative left him but the sub
mission to what he no doubt regards
as misrepresentation Of the law, both
on the part Of the justice and CT this
court And in that respect he'is in a
| condition very similar to many who
have failed TO convince others Of the
, s0undness Of their own views, or &c
became convinced themselves ftheu
, falacy"
il, ! In Mahoney V State. u \. z. ISL
an attorney was fined $50 for saying
81 want to see whether the court j:
right or lot want II know whether
| am going 70 he heard in this case in
! the interests Of ny client nr NJ
! and making other insolent statements
E In Redman V. State % Ind, the judg,
, informed counsel that a question va;
, improper and the attorney replied
! If we cannot examine our witnesses
, he can stand aside" This language
, was deemed offensive ana the cour
. prohibited that particular attorne,
r from examining the next witness
+ In Brown V. Brown " Ind 727. tn
lawyer was taxed with the cost of tn
I action for filing and reading a petition
f for divorce which was unnecessarily
i gross and indicate.
@ In Mccormick V. Sheridan. 20 P. "a
+ IS Cal. "a petition for rehearins
V stated that how or why the honorable
II commission should have so eftectuall,
= and substantially ignored and disre
e garded the uncontradicted testimony
" We do not know. 1t seems that nei
f Their the transcript nor our brief
= could have fallen under the commits
n sioners observation. A more disin
# genious and misleading statement o
d the evidence could not we'll be made
n It is substantially untrue and unwar
f. ranted. The decision seems to us Il
It be q traversitv Of the evidence" Hell
g that counsel drafting the petition wa
IT guilty of contempt committed in thu
n face of the court. Notwithstanding
j. disavowal of disrespectful intention
s. A fine of 5000 was imposed with an a
tentative of serving in jail.
e The Chief Justice speaking for tn
v court in State V Morrill,. IS Ark 81
] said:
Ii ''If it was the general habit of tn
h community to denOunce, degrade, an
II disregard the decisions and judgment
II Of the courts no man of self-respec
X and just pride of renu:a i III wauid /,
1t main upon the bench. and such onl
e would become the ministers OF til
g law as were insensible to defamatio
t and contempt. But happily for Ii
e good order Of society. men. an espet
t. iallv the people of this country, az
to gnnerallv disnosed to respect an
10 abide the decisions of the tribunal
Is ordained by government as.tha cor
mon arbiters of their rights. B,
C where isolated individuals, In vio}i
IS ton of the better instincts of huma
a nature. and disregardfUl Of law an
t. / order. wOntanly attempt to obstrut
OF lac course of public justice by disrt
)e garding and exciting disrespect f
IL the decisions o. its trihrnn 5. ever
he good citizen will point them out {
in proper subjects for legal anlmadve
sion.
a A court must naturally look first
e. an enlightened and conservative ba
u governed by a high sense OF profe
4: sional ethics and deeply sensible, ;
d they always are. Of its necessity
of aid in the maintenance of public re
er pect for its opinions
D. In Somers V. TOrrey, 5 Paige Oh.
CT % Am. D. Ali. it was held that the a
OF t0rnpyw hO mt his hand TO Scanda 1Ol