Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-22

cable in the case, and he far OverSteps |
the bounds of professional conduct |
when he reports to representation. |
false charges or yiliflcation. !
He may Iully present. discuss and |
argue the evidence and the law and |
freely indicate wherein he beue. 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 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 an officer
of the court, has sworn to uphold
and protect.
These duties are so plain that any
departure from them by a member
I of the .aar 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 adiudications and penalties
imposed in a few of the many cases.
ord Cottingham imprisoned Ed
mund Lechmere Charlton a barrister
and member of the House Of Com
mons for sending a scandalous letter
: 10 one Of the masters of the court
and a committee from that body. after
an Investigation. reported that N their
opinion his Claim 70 We discharged
from Imprisonment by reason Of privi-
r legde OF parliament ought not to be
admitted" Milne and Craig. 3i7.
When The case of People rs. Tweed
, in New York came up a second time
i. before the same Judge. before the trial
, commenced, the prisoners counsel pri-
, vately handed 10 the judge q letter.
couched in respectful language, in
. w.lich they stated. substantially. that
!. 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. and
:. Respectfully requested him to cCnsld
, er whether he should not relinquish
the duty of presiding at the trial tC
>. some other judge, at the same time
declaring that no personal dlsrespec
9 was intended toward the judge of the
a court The Judge retained the letter
and went on with the trial At the
;, end of the trial e sentenced three
! of the writer's to a fine of $3.50 each
:, and puhlicaliy reprimanded the 9th
!, ers. the junior counsel. at the time eN
=, pressing the opinion that if such {
thing had been zone by them in Eng
land they would have been "eXpellet
\. '~om the bar within one hour" Th
'nsel at the time protested tina
- intended no contempt O
eney and that they felt an
ceulS to express no disres
inaeh.n the Judge but that their &C
peet Eoi : zen taken in furtherance @
tioii h>" - nemed e Veal interest
~hat tnes "a and the faithful an
oi '-eif Glen charge of the dut,
To 1 IA d the disclaimer G
/, The judge accepA h,t refused I,
personal disrespen. If intention r
believe the discla1lm u enforced tn
commit a contempt a Iourn.I Al,
: INES. IL Albany LAW
: rs Am. r. 1872. iudoe ~,
/ For sending to a d.stri,n ',a+ 9Th
| of court a letter stating d .Iv cor
ruling you have made is diree> = an
trary to every principal Of iaN ID
every body ,>nows :, l believe. a. q
is our desire that no such deciA
shall stand unreversed in any cour,
We practice in" an attorney was finesn
the amount shouiu be paid. In de-
livering the opinion of the Supreme
Court of Kansas in Re Prior. TS Kan.
Y. 26 Am. TAI. Brewer j.. said:
Upon this we remark. in he first
place that the language of this letter
is very insulting To say to judge
that a certain ruling which he has
made is contrary to every principle OF
law and that everybody ..nows it. is
certainly most severe imputation
We remark, secondly that an attor-
. ney is under special obligations to be
considerate and respectful in. mis- con-
duct and communications TO a judge
He is an officer of the court and it is
therefore his duty to uphold its honor
and dignity. The independence of the
profession carries with it the right
denim all matters and things under re-
view and in evidence But with this
privilege goes the corresponding obi
cation of constant courtesy and res
pect toward the tribunal in which the
!, proceedings are pending. And the
!, fact that the tribunal is an inferior
one, and it's rulings not final and with
q out appeal does not diminish in the
!, slightest degree this obligation of
= courtesy and respect. A, justice OF
. the peace before whom the most trif
!. ling matter is being litigated is en-
4 titled to receive from every attorne!
!, in the case corteous and respectful
o. treatment. A failure to. extend thi!
: courtesy and respectful treatment /!
r. a failure of duty; and it may be 81
"a gross dereliction as to warrant thu
,e exercise of the. power to punish TO
A 80