The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-03

officers Charged Va the duty OF ad-
ministerlng them" 12S U. S. 313.
In re Wooley II ky. IS, It was held
IT, at to incorporate into a pt -.tion for
rehearing the statement that Your
nonors 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
| suage 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:
i 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
he may so 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 imposs-
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 jlstice 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 trhura! of the State
for which an attorney contumaciouslv
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-
spondent was fined for Ironically stat
ing to Justice Of the peace. Il think
this magistrate wiser than the SUI
prene court" Redheid, c, J., said
| "rhe counsel must submit in a JUS
tice court as wei as in this court,
! and aih the same formal respect,
howeH er difficult. 1t may lie either
here or there"
eve do not see that the relator has
any alternative left him but the sub
7 mission to what Ae no doubt regards
as q misrepresentation of the law. both
on the part of the Justice and of this
court. And in that respect he is In a
condition vo~v similar 70 many who
have failed to convince others OF the
soundness of their own views, or to
became convinced themselves o ftheir
falacy"
In Mahonev " State. 7c N f. l5l.
an attorney was fined $50 for saving
II want to see whether the court Is
right or r,ot want t. krnW whether
I am going to be heard in this case in
the interests Of my client or nv"
and making other insolent statements
In Redman V State % 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 Y. 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 v Sheridan, 20 P. "a
49, Cal. "A petition for rehearing
stated that how or why the honorable
commission should have 50 eftectually
and substantially ignored and disre-
garded the uncontradicted testimony
We do not know It 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 a traversitv of the evidence" Held
that counsel drafting the petition was
guilty of contempt committed in the
face of the court. Notwithstanding a
disavowal of disrespectful intention
A fine Of 5000 was imposed with an al
| tentative of serving in Jail
The Chief Justice speaking for the
court in State " Morrill, Is Ark 80
said:
If 1t was the general habit of the
| community to denounca. degrade and
disregard the decisions and judgments
of the courts. no man of self-respecI
and just pride Of renu:a i III Wound re
main upon the bench. and such only
would become ne ministers of the
law as were insensible to defamation
and contempt But happily for the
good order of society. men. an espec
ldliS the people Oh LLIs touiitl y. dte
generally disnospd to respect and
abide the decisions of the tribunals
ordained by government as the con-
mon arbiters Of their rights. But
where isolated individuals IN viola
ton Of the better instincts of human
nature. and nisregardful Of law and
order wontanlv attempt TO obstruc'
re course Of public justice by disre
earding and exciting disrespect foi
the decisions OF its triHnna 5. every
good citizen will point them out as
/ proper subjects for legal anlmadEer
sion
A court must naturally look first t.
an enlightened and conservative bar
governed by a high sense Of profes
sional ethics and deeply sensible, as
they always are. OF its necessity tc
aid in the maintenance Of public res
pect for its opinions"