The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-09

mlnlSterlng them. 12S IT, S. S13
In re WOOley II NY. .y5. It was held
t. at to incorporate into Potion for
rehearing the statement that Your
Aonors have rendered an unjust de-
cree" and othes insulting matter, is
to commit in open court an act con-
stitutiLg a contempt on the part of the
attorney; and hat where the lam
CuaSe spoken or written is OF itself
necessarily offensive, the disayowal OF
an intention to commit contempt
may tend to excuse but cannot justify
the act. From a 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 NAV so conduct himself as to cOntin-
ually interrupt the business of the
courts in which he practices; or he
may by a 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 at 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 al attorney contumaciously
refuses in any way to atone. may JUS
tify the refusal Of that tribunal TO
recognize him in the future as one Of
It's officers
IL re Cooper. 80 Vt 262. the re-
spCndent was fined for ironically stat
, ing to a Justice Of the peace, Il think
this magistrate wiser than the Su-
! preme court" Redheld, c. J., said:
The counsel must submit IN JUS
, tice court as we'll as in this court.
! and with the same formal respect
howe, er difficult. it may he either
here or there"
I'VE do not see that the relator has
7 any alternative left him but the SUBJ
mission to what ne no doubt regards
as a misrepresentation of the law. both
! on the part OF the justice and of this
| court. And in that respect he is in a
| condition very similar 10 many who
| have failed to convince others of the
' sOundness of their own views, or to
| became convinced themselves o ftheir
/ falacy"
| In Nahonev V. State, Z. ~ E. Isl.
! an attorney was fined $50 for saving
! 'I want to see whether the court is
/ right or rot ! want u kr0W whether
am going to be heard in tais case in
! the interests of my client or ~. =
and making other insoent 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 language
was deemed offensive ana the court
prohibited that particular attorney
I from examining the next witness
| In Brown V. 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. 20 P. "a
IS. Cal. "A petition for rehearing
stated that how or why the honorable
and substantially ignored and disre.
we do not know. 1t seems that nei
Their the transcript nor our briefs
could have fallen under the commits
sioners observation. A more disin
| genious and misleading statement OF
the evidence could not we'll be made
It is substantially untrue and unwar
ranted. The decision seems to us ia
be traversity of the evidence" He'll
that counsel drafting the petition was
guilty of contempt committed in the
face of the court. notwithstanding {
disavowal of disrespectful intention
A fine of 5000 was imposed with an al
tentative of serving in Jail
The Chief Justice speaking for tht
court in State v Morrill,, Is Ark. 81
| 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-resDec
and just pride Of repu'a III wan,d re
main upon the bench. and such onl,
would become me ministers of tht
law as were insensible to defamation
and contempt But happily for thu
good order of society, men. an espec
iallv the people of this country. ar
/ generally disposed to respect ant
abide the decisions of the tribunals
! ordained by government as the con
; mon arhiters Of their rights. Blu
where isolated individuals, IN viola
| ton of the better instincts of human
t nature. and disreeardful of law an
; order. wontanlv attempt to obstruc
me course of public justice By disre
eardins and exciting disrespect 70
! the decisions o. its triHltna 5. ever
good citizen will point them out a
proper subjects for legal anlmadvel
+, sion
A court must naturally look first t
an enlightened and conservative bal
governed by high sense OF profe:
sional ethics and deeply sensible, a
r they always are. Of its necessity t
aid in the maintenance of public re!
pect for its opinions
In SOmerS " TOrrey ; Paige Oh