Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-19

ependence, may become want to use
GntemptuOus, angry or insulting ex-
ressiOns at every adverse ruling I'M
a it become the courts clear duty
+, check the habit by the severe les
IN of punishment for contempt.
The single insulting expression for
hlch the court punisnes may there
ore seem TO those knowing nothing of
he prior conduct of the attorney ana
looking only at the single remark. a
after which might well be unnotic-
ed; and yet if all the conduct Of the
ttcrney was known. the duty of in
difference and punis ment might be
clear
We remark finally, that while from
he very nature of things the power
Of a court to punish for contempt is
vast power, and one which in the
hands of corrupt Or unworthy Judge
nay be used tyrannically and UNJUST
! ly. yet protection to individuals lies
n the publicity Of all judicial pro-
cecil gs. and the appeal which may
he made to the legislature for FRO
proceedings against any judge who
proves himself unworthy of the power
ir trusted TO him"
Whore a contention arose between
A
not already answered a certain ques-
! tiCn. and the court after hearing the
! reporters notes read. decided that
she had answered it, whereupon ono
of the attorneys sprang to his feet,
and. turning to the court, sad, in
loud tone and insulting manner:
She has not answered the question"
held that the attorney was guilty of
81 J,n
wnatiseH the decision CT e court was
right 'ar wrong" Russell V. Clrcul[
Judge, CT Iowa, 1o2.
In Sears Y. Starbird, IS Cal. 81. Z
4 Am. St. 1l3. a brief rejecting upon
the trial Judge was stricken from the
record in the Supreme Court, because
: it contained the following:
The court. out o. fn}lneSs of his
love for cause. the parJies 10 it or
their counsel. or from an overzealous
desire to adjudicate all matters. points
arguments and things could not. with
any degree of propriety under the law.
patch and doctor up the cause Of the
plain ifs. whic.-, perhaps, the care
lessness of their counsel had left in
: such condition as to entitle them tc
no relief whatever"
N reference to this language it was
said in the opinion
: a. ere is -----nct intimation that
the Judge of --e court below did not
act from proper motives, but from a
love of the parties or their counsel.
We see nothing in The record xhic',
suggests that such was the case. On
I the contrary, e action complained OF
; seems to us to have been entirely
r C,y rnr
, The brief therefore contains grounu'
; less Cargo against the purity of mo-
J, tive Of the Judge o. the court below
This we regard as grave breach of
: professional ,ropriety. Every person
4 on his admission to the bar takes an
: cath to faithfully discharge the du-
l ties of an attorney AMI councelcr =
e Surely sucn a course as was taken in
t this case is not in compliance W.
Z that duty. In Friedlander v. sumner
d G. & S. NJ Co. 81 al. III. The court
) said
: eff unfortunately counsel in any
# case shall ever SO far forget himself
: as willfu,ly to employ Language mani
4 festly disrespectful to the Judge Of thu
>. superior court-a thing not to be an
f ticipated-we shall deem it our duty
!, to treat such conduct as contempt o
o this court, and to proceed according
q ly: and the briefs of the case WERE
;, order ed to be stricken from the fi;es.
In u $ Y. Late Corporation OF
It Church of Jesus Chefs. IF Later Ia.
e Sa.cts, language used in the petition
= filed in effect accusing the cour! o
d an attempt to shield its receiver ant
it his attorneys from an investigation
n of charges of gross misconduct in OF
I. fee and containing the statement tina
IA 1--WE must decline to assume the
il functions of a grand jury. or attemp
e. to perform the duty of the court il
e Investigating the conduct Of its Off
n GERS. was held to be cOntemptuous
211 P. SIG.
ST In re Terry, So Fed. 419 an extrem
n case, for charging the court with HAY
e ing peen bribed resisting. renova
Is from the court room by the marsha
Oh acting under an order from the bench
is and using abusive language. one Q
n. the defendants was sent to Jail y
n thirty days and the other for 81
be months. Judge -erry, who had nc
r. made any accusation against TN
- court sought release and to be purs
l~ ed of the contempt by a sworn petl
Or ion in which he alleged that in tn
he transaction he did not have the shgh
ut est idea of showing any disrespect
n the court 1t was held that this cou!
e not avail or relieve him and it wa
lis said:
Ii "The law imputes an intent to
,s cOmplish the natural result OF one
he acts. and when those acts are CT
ne criminal nature. it will not accep
or against such implication the denial
h the transgressOr. No one would c
he safe if a denial CT wrongful or erin
III J nal intent would suffice to realese II
OF violator from the punishment due
if his offenses.'
IN In an application for a writ of h
ey beas corpus growing out OF that cas-
fu' Justice Harlan, speaking fer the 5
1ie preme court of the United States sal