Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-20

tanning to the pertinent facts, the rea
effect of decisions and the law appG
cable in the case, and he far oversteps
the bounds of professional conducl
when he reports to misrepresentation
false charges or vilificatiOn
He may lulIy present, discuss and
argue the evidence and the law and
freely indicate wherein he belIe. es
that decisions and rulings are wrong or
erroneous. but this he may do with
out effectually making bald accusa-
lions against the motives and intelli-
2ence OF the court, or being diScOur-
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
ber and which the people. through
the Constitution and by general con
sent have made the final interpreter
of the laws which ne. as al officer
Of the court, has sworn to uphold
and n~otect.
iAese duties are 50 plain that any
departure from them by ? member
Of the lar would seem 10 be willful
and intentional misconduct
Tho power Of courts TO punish for
contempt and to maintain dignity in
heir PROCEEDINGS is inherent and is
as CID as courts are old. 1t is also
provided by statute. BY analogy we
note the adjudications ana penalties
imposed in a lew q the many cases.
ord CotunSham imprisoned I'd
mund Lechmero Charlton a b8rrisrrr
and member of the House OF Com
mons for sending a scandaious letter
20 one Of the masters Of 1ha court
and a committee from that body. after
an Investigation. reported that in their
opinion his "c]aim to be discharged
from imprisonment by reason Of priv
legde of parliament ought not 70 be
admitted" Milne and Craig. 2l7.
when he case Of People VS. Tweed
in New York came up a second time
before The same Judge, before tbe trial
commenced he prisoners counsel pri-
vatelv handed 70 the Judge p letter
cCuched in respectful language. in
witch they stated. substantially. that
their client feared. from the civcum-
stances Of the former trial, that the
Judge had conceived prejudice
against him. and inst his mind was
not IN the unbiased condition neces-
sary to afford an impartial trial. and
respectfully requested him - cCnsld-
er whether he should not relinQU7h
the dUt~ Of presiding a. the trial to
some other judge. al the same time
declaring that no personal dIsrespect
was intended toward the Judge Of the
court. The Judge retained the letter
and went on with the trial 1t the
end Of the trial sentenced three
Of the writer's to a fine OF $3.50 each,
and nublicaliy renrimanded the oth-
ers the junior counsel. at the time eX
pressing the opinion that if SUCH a
thing had been tone by them in Eng
land, they would have been "expened
from the bar within one hour The
counsel at the zine protested that
thev intended no contempt 81
court and that they felt and
intended to express no disres
pect for the judge but that their &C
ton had been taken in furtheranca. @,
what they deemed v4,ol interests
Of cir client and the faithful and
+ conscientious discharge Of the = duty
The judge accepted the disclaimer ot
personal disrespect. but refused to
believe the disclaimer Of intention to
commit contempt and enforced thn
fines. II Albany Law Journal 40S
% Am. r. 1852.
For sending to a L strict Judge cr-
Of court a letter stating that The
ruling you have made is directly con
trary to every principal of law anC
every body l,nOWs To-. ! believe. ard !
is our desire that no such decislol
shall stand Unreversed in any c"ur+
We practice in" an ATTORNEY was fine.
$50 and suspended from prac,Ice unit
the amount Should be paid. In de
liverine the opinion Of the Suprpm,
Court of Kansas in Re Prior. IS Kan
-. 2G Am. 747. Brewer j.. said:
Upon this We remark, in na frs
place that tho language OF this Letter
is very insulting To say to a judge
that certain ruIng which he ha!
made is contrary to every principle {
law and that everybody .nove If, i
certainly a most severe lmputatiOn
We remark, secondly, that an attol
. ney is under special obligations to b
cOnsiderate and respectful in rls cor
duct and communications to iudea
He is an officer Of the court, and if i
therefore his duty to uphold lis homo
and dignity. The independence Of tn
profession carries with it the RICH
freely to challenge. criticise and cor
denim all matters and things under RI
view and in evidence = VT hi
privilege goes the corresponding obi
cation Of constant courtesy and res
pect toward the tribunal in which tn
proceedings are pending. And tn
fact that the tribunal is an inferiO
ene, and It's rulings not final and Wit
, out appeal. does not diminish in tn
slightest degree this obligation o.
; courtesy and respect. A justice {
: the peace before whom the most tri
!. ling matter is being litigated is el
4 titled to receive from every attorne
=, in the case cOrteOus and reSpectf'
y treatment A failure to extend tn
E courtesy and respectful treatment
f. failure Of duty; and il may be
o gross a dereliction as to warrant II
4, III, =