The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-07


ministerlng them" 128 U. S. 313.
In re Wooley IL NY. 50, 1t was held |
at to incorporate into Potion for
rehearing the statement that Your |
LOnors have rendered an unjust de-
cree" and othe. insulting matter, is |
to commit in open court an act con-
shutting contempt on the part OF the
attorney; and hat where the Ian
EuaSe 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 paragraph in that
opinion we quote:
AN 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-
ually interrupt the business of the
courts in which he practices; or he
may by 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 ct the same time permit
him to act as an officer and attorney.
An attorney who thus studiously and
systematically attempts to bring the
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 pubic Insult to the
highest judicial tribunal Of the State
for which an attorney contumaciousiy
refuses in any way to atone, may JUS
tify the refusal Of that tribunal to
recognize him in the future as one of
its officers"
! In re Cooper, 80 Vt. 262. the re-
snondent was fined for ironically stat
ing to a justice of the peace, Il think
this magistrate wiser than the Su-
preme court" Redfeld, c. J., said:
"The counsel must submit ii a jus
tice court as we'll as in this court.
! and with the same formal respect,
! however difficult. it may lie either
Hera or there"
1--WE do not see that the re1ator has
any alternative left him but the sub
mission to what Ae no doubt regards
as misrepresentation of the law. both
/ on the part Of the Justice and of this
! court. And ill that respect he is in a
, condition very similar to many who
have failed to convince others of the
, SOundness of their own views, or TO
| became convinced themselves ftheir
falacy"
In Mahonev V State, e y. z. ISL.
an attorney was fined $50 for saying
81 want to see whether the court is
right or rot ! van &, know whether
| am going TO be heard in this case in
the interests Of NV ellen. or "a -
and making other inSaent statements.
In Redman V. State % Ind. the Judge
Informed counsel that a question was
improper and the attorney replied:
IF we cannot examine our witnesses
he can stand aside This langua ge
was deemed offensive ana the court
prohibited that particular attorney
from examining the next witness
In Brown Y Brown " Ind 727. the
lawyer was taxed with the cost Of the
action for filing and reading petition
for divorce which was unnecessarily
gross and indicate.
In Mccormick V. Sheridan. 90 P. "a.
IS. Cal, "A petition for rehearing
stated that how or why the honorable
commission should have so eftectually
and substantially ignored and disre-
garded the uncontradicted testimony
We do not know. 1t seems that nei-
Their the transcript nor our briefs
could have fallen under the commits
sioners observation. A more disir-
eenious and misleading statement of
the evidence could not we'll be made
1t is substantially untrue and unwar-
ranted. The decision seems to us to
be a traverSity of the evidence" HelG
that counsel drafting the petition was
guilty of contempt committen in the
| face Of the court. not withstanding &
disayowal of disrespectful intention
A fine of 5000 was imposed with an al
tentative of serving in Jail
The Chief Justice speaking for the
court in State V Morrill,. 16 Ark. 31f
said:
''If it was the general habit of the
community to denounce. degrade, anC
< disregard the decisions and Judgment
of the courts. no man Of self-respec
! and just pride of renu.a il wouid re
main uDOn the bench. and such onl!
/ would become ne ministers of the
: law as were insensible to defamation
: and contempt But happily for the
, good order of society, men. an espec
/ tally the people of this country. ar
5 generally diSnOSnd To respect anj
abide the decisions Of the tribunal:
: ordained, by government as the cor,
$ mon arbiters Of their rights. Blu
J where isolated Individuals IN viola
ton of the better instincts Of human
+ nature and Gisregardful of law an
, order. wontanly attempt to obstruc
i tne course Of public justice by disre
G garding and exciting disrespect 70
4 the decisions OF is trinnna 5. ever
good citizen will point them out a
= proner subjects for legal animadvel
: sion
/ A court must naturally look first t
: an heightened and conservative bal
governed by a high sense Of profe:
f sional ethics and deeply sensible, a
: they always are. Of its. necessity t
y aid in the maintenance Of public res