Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-05


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 beae. es
that decisions and rulings are wrong or
erroneous. but this he may do with
cut effectually making bald accusa-
tons against the motives and intelli-
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 a mem
Der, and which the people through
the Constitution and bv 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 any
departure from them by member
Of the bar would seem to be willful
anu lHtPUtiOildl 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
nrd 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" Milne and Craig, BIZ
When the case Of People vs. Tweed
in New York came up second time
before the same Judge. before the trial
commenced the prisoners counsel pri-
vately handed TO the Judge p letter
couched in respectful language. in
which they stated. substantially, that
their client feared. from the circum-
stances of the former trial, that the
Judge had conceived a prejudice
against him, and that his mind was
not in the unbiased condition neces-
sarv to afford an impartial trial and
respectfully requested him ~ cCnsl0-
err whether he should not relinquiSh
The duty of presiding at the trial 70
some other judge. at the sa ne tine
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 Of the trial sentenced three
of the writer's to fine of $3.50 each,
and publicalIy reprimanded the 9TH
ers, the junior counsel. at the time eX-
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 time protested that
/ thew Intended TO con-emDt Of
! court and that they felt and
! intended to express no disres-
pect for the judge but that theii. &C
! ton had been taken in furtherance OF
what tAey deemed ; veal interests
of cir client and the faithful and
: conscientious discharge Of the duty
| The judge accepted the disclaimer CT
personal disrespect, but refused TO
commit contempt and enforced the
| fines. Il Albany Law Journal 40S
&c Am R. 752
For sending to strict Judge oHt
Of court a letter stating that The
ruling you have made is di-e0t'v CON
trary to every principal OF law, and
every body i,nows :. believe. and il
is our desire that no such decision
shall stand, unreversed in any court
We practice in an attorney was fine,
$50 and suspended from praclIce unit
the amount shouIu be paid. In de
'ivering the opinion Of the Supreme
Court of Kansas in Re PRIOR. % Kan
70. 26 Am. TAT Brewer j.. said:
Upon this we remark. in 10 frs
Mace that tho language of this letter
is very insulting. To say to a judge
that a certain ruling which he has
made is contrary to every principle Q
law and that everybody --nows II is
certainly a most severe imputation
We remark, secondly that an attor
ney is under special obligations to b,
cOnsiderate and respectful in mis- con
duct and communications TO a Judge
He is an officer Of the court and it i
therefore his duty to uphold its honor
and dignity. The independence Of tn
profession carries with it the righ
freely to challenge, crfticise and con
denim all matters and thin"S under re
view and in evidence. But with thi
privilege gees the corresponding cbli
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
one. and its rulings not final and with
, out appeal does not diminish in tn
:! slightest degree this obligation of
t courtesy and respect A justice o
t. the peace before whom the most tri
: ling matter sisa being Obligated is er
| titled to receive from every sattorne
. in the case corteous and respectfu
J. treatment. A. failure to extend thi
!. courtesy, and respectful treatment
f T a failure Of duty. and it NAV be s
2 gross a dereliction as to warrant tn
Srn IS 10 10 :-l =