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

the laws enacted for the vindication
OF public and private rights, nor the
officers cl.a. ged W.. the duty of ad-
ministerlng them" 12S u. S. 3l3.
In re Wocley Il ky. IS, It was held
tat to incorporate into a pc .tion- for
rehearing the statement that Your
Aonors 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
guage 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 a paragraph in that
opinion we quote:
! can 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
be may 50 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 impossl-
| 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 an 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
its officers"
In re Cooper. - Vt 262. the re-
sDondent was fined for ironically stat
ing to Justice Of the peace, & think
this magistrate wiser than the Sill
preme court" Redield, c. J., said:
THE counsel must submit IN JUS
tice court Is well as in this court,
and with the same formal respect.
howeN er difficult. it MAY lie either
, here or there"
eve do moi see that the relator has
any alternative left him but the sub
mission to what re no doubt regards
as 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 to many who
have failed to convince others of the
soundness Of their own views, or to
became convinced themselves fthelr
falacy."
In Mahoney v State, 7c ~ E. ISL.
| an attorney was fined $50 for saying
~ want to see whether the court Is
right or rot van: = know whether
| am going to be heard in tnis case in
the interests Of my client or NJ
and making other insolent statements
In Redman v. State IS 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
from examining the next witness.
In Brown " Brown " Ind 727. the
lawyer was taxed with the cost of the
action for filing and reading a petition
for divorce which was unnecessarily
gross and indicate
In Mccormick " Sheridan, 20 P. "a
70, Cal. "a petition for rehearing
stated that how or why fle honorable
commission should have so eftectually
and substantially ignored and disre
, garded the uncontradicted testimony
We do not know. 1t seems that mel
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
1t Is substantially untrue and unwar
ranted. The decision seems to us to
be traversity of the evidence" Hell
that counsel drafting the petition was
guilty of contempt committed in the
face of the court. notwithstanding I
disavOwal of disrespectful intention
A fine of $500 was imposed with an al
tentative of serving in jail
The Chief Justice speaking for thu
, court in State V. Morrill,. 16 Ark. 81
said:
''If it was the general habit of tht
: community to denounce. degrade, ant
( disregard the decisions and judgment
t ! of the courts. no man of self-respec
) and just pride of reputa-i IN w,uid re
main upon the bench. and such onl.
would become ne ministers of TIL
, law as were insensible to defamation
: and contempt But happily for TIL
} good order of society. men. an espeC
1 iallv the people of this country, ar
5 generally disDosed to respect ani
abide the decisions of the tribunal
! ordained by government as the CON
S mon arbiters of their rights. Blu
a where isolated individuals, IN viola
[ ton of the better instincts of huma
i nature, and uisregardful of law an
e order, wontanly attempt to obstruc
l. ne course of pubic justice by disre
e garding and exciting disrespect 70
n the decisions OF its trin,na 5. ever
good citizen will point them out a
: proper subjects for legal anlmadvel
:. sion.
l. A court must naturally look first t
:: an enlightened and conservative ba
governed by a high sense of profe:
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