Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-18


In re Wooley II ky. So, It was held
Tat to incorporate into a Potion for
rehearing the statement that Your
.-onors have rendered an unjust de-
cree" and other insulting matter. is
to commit in open court an act con-
stituting contempt on the part OF the
attorney; and hat where the Ian
guage spoken or written is of itself
necessarily offensive, the disavowal @
4 intention to commit contemnt
may tend to excuse but cannot justify
the act From paragraph in that
opinion we quote:
AN attorney may unfit himself for
the u actice 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 may so conduct himself as to cOntin-
| uallv interrupt the business of the
courts in which he practices; Or he
NAV b. 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 a 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
DCsition ard exercise Tire privileges Ct
an officer CT those tribunals. An open
notorious and pubic Insult TO the
| highest judicial tribunal Of the State
! for which an attorney contnmaci0HslT
refuses IN any way to atone. may jus
ttfy the refusal Of that tribunal to
| recognize him In the future as one Of
/ its officers
! IN re Cooper. % Vt 262. the re
sponGent was fined for ironically stat
ing 10 Justice Of the peace. 4 think
| this magistrate wiser than the SUI
prere court" Redfeld. C. J., said:
The counsel must submit IN a jus
lice court rs well as in this court,
End with the same formal respect,
howel err difficult. it may he either
here or there"
I'VE DO not see that the relator has
any alternative eft him but the sub
mission 10 what Ie no doubt regards
IS misapprehensionQ Of the law. both
! on the part of the Justice an. Of this
court. And in that respect he is in a
condition very similar to many who
tave failed to convince others Of the
scurdness Of their own views, or tc
became convinced themselves ftheil
falacy."
In MahOney V. State e n E Isl
an attorney was fined $50 for saying
Il want to see whether the court j:
right or rot wani I, know whether
| an going 10 be heard IN this case in
the interests Of nv clicrt or no.
and making other insoleut statements
! In Redman Y. State . Ind, the iUdg,
Informed counsel that a question va:
improper and the attorney replied
of we cannot exc anime our witnesses
he can stand aside" This. langua ee
! was deemed offensive ana the cour,
prohibited that particular attorney
from examining the next witness.
IN Brown y. Brown " Ind 20 III,
LAWYER was taxed with the cost Of th(
action for filing and reading petition
F foc divorce which was unnecessarily
gross and indeIicate
:. IN Mccormick V Sheridan. "n. p -
g Cal. "A natiticn for rehearine
stated that how tr why the honorabl,
+ com mission should have so eftactualy
: and substantially ignored and disre
, gario1 tho ,Encontradictpd tae-imcn--
> Wa do not know. 1t seems tnat nei
tier the transcript nor our briefs
could have fallen under the commits
, sioners observation. A more disin
genious AVID misleading statement o
the evidence cold not well be made
II is substantially untrue and unwar
ranted The decision seems to us tt
+ be q traversitv Of tho evidence Hal
, thst counsel drafting the petition wa
t | guilty of contempt committee in tn
| face of the court. notwithstanding
: disayowal of disrespectful intention
A fine Of 5000 was imposed with an a
| tentative of serving in jail.
e The Chief Justice speaking for til
: court in State V. Morrill,. Is Ark 81
said:
4 ..If Il wa~ the general habit of III
! ccrmu;tv 70 denounce. degrade. an
+ disregard the decisions and IND gnent
- ! Of the courts. no man OF self-reSOeC
X and lust pride Of renu:a N wNa,d T,
t main upon the pench. and such onI
e would become the ministers of r.
: law as were insensible 10 defamstio
: and cnnton,nt. Put happily for III
Q good order of society, men. an esre'
t iallv the people of this country, a.
- Dnn era Nv CfSOhSpn Nv t''
d abide the decisions of the tribunal
g ordained hv government as tho CO..
mon arbiters of their rights. b.
2 where isolated individuals. in viol;
s ton of the better instincts of huma
2 nature. and uisregardful of law an
t, order. wOntanly attempt to obstru'
II e course Of public justice by disr'
g garding and exciting disrespect ff
! the decisions o. its triHrnh ). cNei
re good citizen will point them out ?
n proper subjects for legal anlmadve
SIGN
A court must naturally look first
e. an enlightened and conservative ba
IL governed by a high sense OF profe
!. SIGNAL ethics and deeply sensible. ;
4 they always are. OF its necessity
+ aid in the maintenance of public re
n pect for its opinions
D. In Son ers V. TCrrey. Paige CHI
e % Am. D. AL it was held that the g