Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-03

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tanning to the pertinent facts, the rea
effect of decisions and the law appli
cable in the case, and be far Overstepf
the bounds of professional conduc
when he reports to misrepresentation
false charges or vliification.
/ lie may luily present, discuss an(
argue the evidence and the law and
freely Indicate wherein he bene, es
that decisions and rulings are wrong or
erroneous. but this he nay do with
out etfectually making bald accusa-
| tions against the motives and intell
sence 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
IS 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
mund Lechmere Charlton a barrister
and member of the House of Com
mons for sending a scandalous letter
to enc of the masters Of the court
and 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 Milne and Craig, 317.
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 = letter
cOuched in respectful language, in
W lich 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-
sarv to afford an impartial trial, and
respectfully requested him to cCnsid-
er whether he should not relinquish
the duty of presiding at the trial to
some other Judge, at the, same time
declaring that no personal disrespect
was intended toward the judge OF the
court The nudge retained the letter
and went on with the trial. At the
erd of the trial sentenced three
of the writer's to fine of $3.50 each
ard puh!icaliv reprimanded the 9th
ers. the junior counsel. At the tir,n OK
pressing the opinion that if such a
thing had been tone by them in Eng
land. they would have been expelled
from the bar within one hour The
counsel at the line protested that
tLev Intended 10 cOntenDt Ct
court and that they felt ant
intended TO express no Gisres
pect for the Judge but that their &C
tiCn had been taken in furth erancn @
what tLey deemed = V-,.l interest:
Ct CIV elem anf the faithful 2nd
console Dtious discharge e thC-r tutv
The Judge accepted the disclaimer =,
personal disrespect, hut rnfuSeG IN
believe the disclaimer of intention tt
commit contempt and enforced TIC
fines. II Albany Law Journal 40S
26 an. r. 752.
For sending to a d strict Judge CHt
If court a letter stating that The
ruling yoU have made IS Directly con
trary to every principal of law, anc
I>~Iyy> i
is our desire that no such decision
shall stand unreverseG in any court
We practice in an attorney vas fine,
$50 and suspended from practlce unit
the amount Should be paid. In de
livering the opiDiOn Ct the Supreme
Court of Kansas in Re Prior, IS. Kan
70. 26 Am. 747. Brewer j.. said:
Upon this we remark in 70 frs
Mace tnat tho language of this letter
is very insulting. To say to a judge
that a certain ru!ng which he has
made is contrary to every principle o
Jaw on& that everybody Rove ~ *
cert2ir!v p most severe imDutation
We remark. secondly, that an attor
ney is under special obligations to b.
Considerate and respectful in us con
1uct and communications 10 a Judge
Re is an officer Of the court and It i
therefore his duty to uphold ijs hOno7
and dignity. The ndenendence Of tn
profession carries with it the RICH
freely to challenge. criticise and con
denim all matters and thir re undor rt
view and in evidence I-il Wit. hi
privilege goes the CORES bonding obi
cation OF constant courtesy end res
nect toward the tribunal in which tn
proceedings are pending. And tn
fact that the tribunal is an inferiC
one. and its rulings not final and witt
, ont appeal. does not diminish in tn
slightest degree this obligation OF
+ courtesy and respect A justice c
t the peace before whom the most tri
+ ling matter IS being litigated is el
I titled to receive from every attorne
= in tho case cOrteOuS and respectf'
y treatment. A failure to extend til
f courtesy and respectful treatment
# a failure Of duty: and if nav be
@ gross a darelicticn as to warrant r