Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-25

court In dscertaining the truth per
tanning to the pertinent facts. the rea
effect of decisions and the law appli-
cable in the case, AID he far oversteps
the bounds of professional conduct
when he reports co misrepresentation
false charges or vilificauon
He may fully present, discuss and
argue the evidence and the law and
freely indicate wherein he beue. 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 intelli-
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 a 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
a.! v.eCt.
These duties are so plain that any
departure from them by a member
of the par would seem TO be wiiiful
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 a few Of the many cases.
ord COttlngham imprisoned Ed
mund Lechmere Charlton a barrister
and member of the House of Com
mons for sending q 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 priv
lesde of parliament ought not TO be
admitted" 2 Milne and Craig. BIT.
When the case OF People VS.. Tweed
il New York came up a second time
, before the same Judge. before the trial
/ commenced. the prison rs counsel pri-
vately handed TO the Judge a letter
cOuched in respectful language. in
wlich 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
nor in the unbiased condition neces-
sary TO afford an impartial trial. and
respectfully requested him to ccnsid-
er whether he should not relinluish
the duty of presiding at the trial to
some other judge, at the sane time
declaring that no personal disrespect
was intended toward the Judge of the
,r+ >1,a nd tot
and went on with the trial. At the
end of the trial e sentenced three
of the writer's to a fine of $3.50 each,
and pr5lically reprimanded the 9th
ers. the junior counsel at the time ex-
pressing the opinion that if such a
thing had been uone by them in Eng
land. they would have been expelled
from the bar within one hour" The
counsel at the time protested that
they intended no contempt OF
!, court and that they felt and
intended to express no disres
pect for the Judge but that their &C.
ton had been taken in furtherance OF
what they deemed . wal interests
of cir client and the faithful and
conscientious discharge of the r duty
The judge accepted the disclaimer of
/, pei Soudl uIoICopCCl. UuI 1SIuSCu VI
believe the disclaimer of intention to
commit a contempt and enforced the
fines II Albany Law Journal 40S
Is Am. R. 752.
For sending to a district Judge out
OF court letter stating that The
ruling you have made is directly con
trary to every principal of law. ano
every body nnOws |. believe. and i,
/ se. hot
shall stand unreversed in any court
We practice in" an attorney was finet
$50 and suspended from practice unit
the amount should be paid In de
. livering the opinion of the Supreme
Court of Kansas in Re Prior, 18 Kan
Y. 26 Am. TAI. Brewer j.. said:
Upon this We remark, in he frs
place that the 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 0
! law and that everybody .-nows it, i:
: certainly 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 Judge
He is an officer Of the court and it i
and dignity. The independence of tn
profession carries with it the RICH
freely to challenge. criticise and con
denim all matters and things under re
, view and in evidence But with thi
! privilege goes the corresponding obi
, cation of constant courtesy and res
! pect toward the tribunal in which tn
. proceedings are pending. And tn
a fact that the tribunal is an inferio
. one, and its rulings not final and witt
a out appeal, does not diminish in tn
!. slightest degree this obligation OF
+ courtesy and respect. A justice O
+ the peace before whom the most tri
J. ling matter is being litigated is Ell
Il | titled to receive from every attOrne
= in the case corteous and respectf,
o. treatment A failure to extend thi
f courtesy and respectful treatment
# failure Of duty: and it may be s