Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-29

his brief or argument is to assist the
court in ascertaining the truth per-
tanning to the pertinent facts, the real
effect of decisions and the law appli
cable in the case, and he far Oversteps
the bounds of professional conduct
when he reports TO misrepresentation,
false charges or VilificatiOn.
He may fully present, discuss and
argue the evidence and the law and
freely indicate wherein he bene. 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-
gence of the court, or being dscour-
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
and protect
departure from them by member
OF the BAR would seem to be willful
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 few Of the many cases
ord Cottingham imprisoned Ed
mund Lechmere Charlton barrister
and member of the House of Com
. mons for sending 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
: legde of parliament ought not TO be
admitted" Milne and Craig, 317.
When the case of People VS.. Tweed
, in New York came up second time
: before the same Judge. before the trial
commenced. the prisoners counsel pri
|, vately handed 10 the judge 2 letter
, couched in respectful language, in
w.iich they stated. substantially. that
r their client feared from the circum
: stances of the former trial. that the
Judge had conceived prejudice
, against him, and that his mind was
not in the unbiased condition neces
. sary to afford an impartial trial, anc
;. respectfully requested him to cCnsid
, err whether he should not relinauist
the duty of presiding at the trial II
y, some other judge, at the same time
. declaring that no personal disrespec
ind r. h,
a court The Judge retained the lettel
and went on with the trial. At tn.
= end of the trial e sentenced three
! Of the writer's to a fine Of $3.50 each
y and pu3lically reprimanded the otn
|, ers, the junior counsel. at the time OK
pressing the opinion that if such {
thing had been zone by them in Eng
> land. they would have been expelled
:, from the bar within one hour Th,
=. counsel at the time protested tina
+, they intended no contempt O
- court and that they felt an
= intended to express no disres
, pect for the Judge but that their &C
- ton had been taken in furtherance O
-. what they deemed - Wal interest
. of l-eir client and the faithful AM
conscientious discharge Of the r duty
"
! personal disrespect. but refused t.
~ believe the disclaimer of intention II
/ commit 2 contempt and enforced tn
IS Am. R. 752.
Al For sending to district Judge on
? of court a letter stating that "Th
L. ruling YOU have made is directly cor
e trary to every principal of law, an
md
i. is our desire that no such decislo
,. shall stand unreversed in any court
~ We practice in" an attorney was fine
a. $50 and suspended from practIce unit
Z the amount shoulo be paid. In de
II ivering the opinion of the Suprem
Is Court of Kansas in Re Prior, Is Kal
n -. 26 Am. TAI, Brewer j.. said:
u Upon this we remark, in ne frs
IL place that the language of this lette
III is very insulting. To say to judg
that a certain ruling which he ha
~ made is contrary to every principle
"a law and that everybody nows it.
VI certainly most severe imputatio,
We remark. secondly that an alto
IL ney is under special obligations to /
IS considerate and respectful in his co
. duct and communications TO a iudg
- He is an officer of the court and if
Il therefore his duty to uphold its homo
and dignity. The independence Of II
w. profession carries with If the rigI
. freely to challenge. cfiticise and COZ
u, denim all matters and things under r
- view and in evidence. But with tn
~ privilege goes the corresponding obi
~ cation Of constant courtesy and re
: pect toward the tribunal in which Il
- proceedings are pending. And II
- fact that the tribunal is al inferic
:, Cne, and its rulings not final and wit
~ out appeal. does not diminish in Il
a slightest degree this obligation O
~ courtesy and respect. A justice
- the peace before whom the most tr
~. ling matter is being litigated is e
"a titled to receive from every attorn
,g in the case cOrteous and respectf
ro- treatment. A failure to extend tn
af courtesy and respectful treatment