Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-21


tanning to the pertinent facts, the real
effect of decisions and the law appli-
cable in the case, and he far oyersteps
the bounds of professional conduct
when he reports TO misrepresentation
false charges or ylllficatlon.
He may iuily 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-
tions against the motives and inteli-
gence of the court or being dscour-
teOus or resorring 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 mem
Der, and which the people through
the Constitution and bv general con-
of the laws which ne, as an officer
of the court, has sworn to uphold
and protect.
departure from them by a member
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
imposed in a few of the many cases
ord Cottingham imprisoned Ed
7 aa,, ~ :. -+o
and member of the House of Com
mons for sending scandalous 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, 3l7.
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 to the Judge a letter.
cOuched in respectful language, in
watch 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
not in the unbiased condition neces-
sary to afford an impartial trial. and
respectfully requested him to ccnsid
er whether he should not relinquist
the duty Of presiding at the trial tc
. some other Judge, at the same time
declaring that no personal dlsrespec
was intended toward the judge of the
, court. The Judge retained the lette1
and went on with the trial AT tht
end of the trial e sentenced three
of the writer's TO a fine of $3.50 each
and publicelIy reprimanded the 9th
ers. the junior counsel. at the time ey
,, pressing the opinion that if such ;
thing had been tone by them in Eng
; land. they would have been Expelled
; from the bar within one hour" Th
counsel at the time protested tina
they intended no contempt c
:, = court and that they felt an
intended to express no disre!
pect for the Judge but that their ac
= ton had been taken in furtherance {
. what they deemed - = wal interest
of cir client and the faithful an
conscientious discharge If the Gut,
u The Judge accepted the disclaimer c
= personal disrespect. but refused t,
II believe the disclaimer of intention t
commit contempt and enforced II
fines. II Albany Law Journal 40
26 Am. r. 752.
u For sending to a district Judge o.,
: Of court letter stating that "Th
l. ruling you have made is directly col
t trary to every principal of law, an
, every body i>nows =. | believe. and
!. is our desire that no such decislo
,, shall stand unreversed in any cCur
u We practice in" an attorney was fine
u $50 and suspended from practlce unit
: the amount should be paid. In d
u liyering the opinion of the Supren
Court of Kansas in Re Prior, Is Ka
y 70 rs Am. TAI, Brewer j.. said:
/ Upon this we remark. in he fir
:, place that the language OF this lette
is very insulting. To say to a juds
. that a certain ruling which he hi
!, made IS contrary to every principle
:. law and that everybody Rows it,
i certainly a most severe imputatio
We remark, secondly. that an ATTIC
g ney is under special obligations to
: considerate and respectful in MS co
= duct and communications TO iudg
: He is an officer Of The court. and il
and dignity The independence Of Il
y profession carries with it the riol
!. freely to challenge. criticise and co
:, denim all matters and things under !
y view and in evidence. T. wit th
= privilege goes the spending oh
~ cation of constant courtesy and re
: pect toward the tribunal in which Il
y. proceedings are pending. And Il
- fact that the tribunal is an inferi'
e, one, and its rulings not final and wit
"a out appeal. does not diminish in t
i slightest degree this obligation {
~ courtesy and respect. A justice
- the peace before whom the most tr
~. ling matter is being Irrigated is e
"A titled to receive from every attOrn
o. in the case corteOus and respect
=. treatment A failure to extend tt
# courtesy and respectful treatment
of p failure of duty: and it NAV be
10 gross a dereliction as to warrant t