The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-14

LuCm. 1IS y. y. SlS,
In re Wooley II NY. IS, It was held
t. at to incorporate into Potion for
rehearing the statement that Your
Aonors have rendered an unjust de-
cree" and other insulting matter, is
to commit in open court an act con-
shutting contempt on the part OF the
attorney; and hat where the Ian
Suase 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
i he may so conduct himself as to cOntin-
ually interrupt the business of the
courts in which he practices; or ne
may by 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 dtleIlptS W uTlHS luc
/ 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
T, notorious and pubic Insult to the
I highest judicial tribunal of the State
for which an attorney contumaciously
refuses in any way to atone. may JUS
f., tify the refusal of that tribunal to
recognize him in the future as one OF
its officers"
In re Cooper, 80 Vt. 1872 the re-
spondent was fined for ironically stat
ing to a justice of the peace, Il think
this magistrate wiser than the SUI
preme court" Redtield. c. j., said:
The counsel must submit in a JUS
tice court as well as in this court,
and with the same formal respect.
howel er difficult. it may he either
{ here or there"
I'VE do not see that the relator has
any alternative left him but the sub
mission to what lie no doubt regards
as a misapprehension 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 ftheir
falacy"
In Mahoney V. State. e n. E. Isl,
an attorney was fined $50 for saying
"I want to see whether the court is
right or rot ! van: T. know whether
am going to be heard in this case in
the interests of my client or nv"
and making other insolent statements
In Redman " 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 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. "a P "a.
IS. Cal. "a petition for rehearing
stated that how or why the honorable
commission should have SO effectually
and substantially ignored and disre.
garded the uncontradicted testimony.
, 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 to
be traversitv Of the evidence" Held
that counsel drafting the petition was
guilty Of contempt committed in the
face Of the court. notwithstanding 9
disavowaI of disrespectfuI intention
A fine of 5000 was imposed with an al
tentative of serving in jail.
The Chief Justice speaking for the
court in State v. Morrill, Is Ark. 81
said:
ST it was the general habit of the
r community to denounce. degrade. ant
< disregard the decisions and judgment
t , of the courts no man OF self-respec
: and Just pride of renu:a N wHuId re
: main upon the bench. and such Onl,
: would become me ministers of thu
e law as were insensible to defamation
t. and contempt But happily for thu
0 good order of society. men. an espec
d iallv the people of this country, ar
s generally disposed to resnect an
abide the decisions of the tribunal
= ordained by government as the con
S mon arbiters of their rights. Blu
q where isolated individuals, In viola
+ ton of the better instincts of hnma
II nature. and uisregardful of law an
G order wontanlv attempt to obstruc
j. lAe course of public justice by disre
e earding and exciting disrespect fc
n the decisions o. its trInllna 5. ever
good citizen will point them out
/ proner subjects for legal anlmadve
e, sion.
u A court must naturally look first
/: an enliahtened and conservative ba
d governed by a high sense OF profe
Of sional ethics and deeply sensible, 9
ar they always are. of its necessity
b. aid in the maintenance of public re
ct pect for its opinions
Oh In SOmers Y. Torrey, Paige Oh
Dr. 2S Am. D. All. it was held that the a