Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-17

his brief or argument is to assist the
court in ascertaining the truth per-
tanning to the pertinent facts, the real
effect of decisions and the law appli-
cable in the case, and he far Oversteps
the bounds of professional conduct
when he reports to misrepresentation
false charges or vilification.
He may lully present, discuss and
argue the evidence and the law and
freely indicate wherein he Delle, 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 intell-
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 by 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 anv
departure from them by member
of the bar would seem TO be willful
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 few of the many cases
ord Cottingham imprisoned Ed
mund Lechmere Charlton a barrister
and member of the House of Com
mons for sending a 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 privi-
legde of parliament ought not to be
admitted" 2 Milne and Craig, BIT.
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
II
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-
err whether he should not relinquish
the dutv of presiding at the trial to
some other judge, at the sa ne time
declaring that no personal disrespect
was intended toward the Judge of the
court. The Judge retained the letter
and went -on with the trial. At the
end CT the trial e sentenced three
Of the writer's to a fine of $3.50 each,
and puhlicallv reprimanded the 9TH
ers. the junior counsel. at the time ey-
pressing the opinion that if such a
thing had been Zone by them in Eng
land, they would have been expelled
from the bar within one hour" The
counsel at the zine protested that
thev intended no cOntemDt 81
court and that they felt anf
intended to express no disres
pect for the Judge but that their &C
ton had been taken in furtherance Of
what tLey deemed , Vol interest
of cir client and the faithful and
conscientious discharge # til, dutv
The judge accepted the disclaimer Ct
personal disrespect. but refused To
believe the disclaimer of intention tC
commit a contempt and enforced the
fines. II Albany Law Journal 40S
26 Am. R. 1852.
For sending to a district Judge cr'
. nf lott CT &
ruling you have made'ie direct1v con
trary to every principal of law, anc
every body nnows =. believe and i
is our desire that no such decision
shall stand unreversed in anv rrnrt
we practice in an attorney was fine,
$50 and suspended from practlce unit
the amount should be paid. In de
livering the opinion of the Suprem'
Court of Kansas in Re Prior, Is Kan
Y. 26 Am. TAI. Brewer j.. said:
Upon this we remark. in .la frs
Mace tnat tho language of this lettel
is very insulting. To say to a judg'
that a certain ru-ng which he ha
made is contrary to every principle c
law and that everybody .noH~ II. i
certainly a most severe imputation
We remark, secondly that an attol
ney Is under special Obligations to b
cOnsiderate and respectful in his cor
duct and communications to a Judge
He is an officer of the court and it /
therefore his duty to uphold its homo
and dignity. The independence Of tn
profession carries with it the RICH
freely to challenge. criticise and cor
denim all matters and things under r.
view and in evidence PIT with TIL
privilege goes the corresponding obi
CATION of constant courtesy and res
pect toward the tribunal in which tn
proceedings are pending. And tn
fact that the tribunal is an inferio
enc, and its rulings not final and wit
, ont appeal, does not diminish in tn
slightest degree this obligation o
> courtesy and respect. A justice {
: the peace before whom the most tri
: hing matter is being litigated is e
/, tiled$ts receive from every attOrnt
;, in the case corteous and respeetf