The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-12

these tribunals cf 1ls....c or the sun.
port and Urese, alio3 of their respec.
i liability and independence; it has ex-
listed from the eac,.- :. .ioi to who h
the annals of juri, prudence eGtend:
and, except in a lew cases Of marty ylo-
I<V1ce, it has been sanctioned and es
t116shed by the experience of ages. 81
Lord Mayor of London's case. 3 VIII
sols, 1875: opinion o. Kent, e j.. in
the case of Yates. Johns, 81; John
son v. The Commonwealth l Bibb sos.
At page 206 of Weeks on Attorneys,
I'd edition it IS said:
Language may be contemptuous,
w.Aslher written or spoken; and if in
the presence of the court, notice is
not essential before punishment and
/ ScandalOuS and insulting matter in a
| petition for rehearing is equivalent
to the commission in open court of an
act constituting contempt. When
the language is capable of eYplana-
ton, and is explained the proceedings
must be discontinued; but where it
is offensive and insulting per Sc, the
+, disavOwal of an intention to commit
a contempt may tend to excuse, but
cannot justify the act. From an open
notorious and public insult to court
for which an attorney contumaciousIy
refused in any way to atone, he was
fined for contempt, and his authority
to practice revoked"
Other authorities in line with these
we have mentioned are cited in the
note to re Cary, 10 Fed. az snd in
8 Cyc. I. 20, where it is said that
contempt may be committed by in
sorting in pleadings. briefs. motions,
! arguments, petitions for rehearing or
other papers filed IN court insulting
or contemptuous language. rejecting
on the integrity of the court.
BY using the Objectionable language
stated respondent became guilty of a
contempt which no construction Of
the words can excuse or purge His
disclaimer Of an Intentional disres-
pect ~ the court may palIiate but
cannot Justify charge which under
any explanation cannot be construed.
otherwise than as refiect-ng on the in
diligence and motives of the court.
and which could scarcely have been
made for any other purpose unless to
intimidate or Improperly influence our
decision.
As We have seen. attorneys have
been severely punished for using Ian
2uage in many instances not so rem
rehenslole. but IN view Of the diSa-
VoWal in open court we nave conclud-
ed not to impose a penalty so harsh
: as dlsbarment or suspension from
practice, or fine or Imprisonment
Nor do We FORGE that on prescribe. 9
ha
llugants ought not to be punished a.
prevented from Main'ainng in the
case all petitions, pleadings. and pa
pers essential 10 the preservation and
enforcement of Their rights.
1t Is ordered that the offensive net
ItlCn be stricken from tie files. thai
respondent stand reDrimandeG ana
warned, and that he pay the costs of
this proceeding
an attempt 10 shield its receiver and
his attorneys from an Investigation
OF charges of gross misconduct in Of
flee and containing the statement thai
We must decline to assume the
functions of a grand jury. or attempt
TO perform the duty of the court in
investigating the conduct of its off
GERS. was held to be cOntemptuous
211 P 5I9
In re Terry. So Fed 419 an extreme
case, for charging the court with hav
Court deemed the language contempt
uous. the said language be stricken
; out Of his petition.
Respondent not only contended and
: said that he had no intention to be
: dlCrespectful or contemptuous. but he
also earnestly contended that the Ian
Suage charged against him and which
: ing was based, was. in my opinion
contemptuOus: and moved that if the
/ he admitted having used was not dis
oath to faithfully discharge the du
ties Of an attorney AMI cOuncelC I "
l Surely sucn a course as was taken ir
this case is not in compliance W
: that duty. In Friedlander V Sumner
G. & S. NJ. Co, 81 al. III The court
; said
IF unfortunately counsel in any
case shall ever so far forget himself
! as willtully to employ Language mani
testify disrespectful to the Judge Of the
5 superior court-a thing not to he an
ticipated-we shall deem it our duty
: to treat such conduct as a contempt o
' this court. and to proceed according
; ly. and the briefs of the case were
! ordered to be STRICKEN from the flies
: IN I. ). Y. Late Corporation of
: Churcl of Jesus Ch'iss- If Later Ia;
. Saints. language used in the petition
warned, and that he pay the costs Of
; -o-O
t ANNUAL STATEMENT