Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-10

his brief or argument is to assist the
court in ascertaining- the truth per
tanning to the pertinent facts, the rea
effect of decisions and the law appli-
cable in the case, and he far Oversteps
the bounds Of professional conducl
when he reports to misrepresentation
false charges or viliticatiOn.
|, He may iully present, discuss and
argue the evidence and the law and
freely indicate wherein he pello. 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 bv general con-
sent have made the final Interpreter
of the laws which ne. as an officer
1 of the court, has sworn to uphold
and protect.
These duties are so plain that any
! departure from them by member
of the bar would seem to be willful
. snd 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 a few of the many cases
ord Cottingham imprisoned Ed
/ nlund Lechmere Charlton a barrister
and member of the House of Com
mons for sending a 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 2 Milne and Craig. 317.
When the case Of People VS.. Tweed
in New York came up a second time
before the same Judge. before the trial
commenced. the prisoners counsel pri-
vately handed TO the Judge a letter,
cCuched in respectful language. in
which 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 cCnsid
er whether he should not .relinquish
the duty of presiding at the trial to
some other judge, at the sa ne time
declaring that no personal dlsrespec'
was intended toward the judge of the
court. The Judge retained the letter
and went on with the trial. At the
! end of the trial e sentenced three
| Of the writers to fine of $3.50 each
and publicaliy reprimanded the 9TH
ers. the junior counsel at the tine e~
pressing the opinion that if such a
thing had been Lcne by them in Eng
land, they would have been Expelled
from the bar within one hour" The
counsel at the time protested thai
) thev intended no I contempt o
intended to express no. disres
pect for the Judge bat that their &C
ton had been taken in furtherance o
what they deemed = :. v..AI Interests
of I cir client and the faithful ant
conscientious discharge Tf the i ddtv
The fudge accepted the Disclaimer 81
personal disrespect. but ref,iEed r.
believe the disclaimer OF intention h
!, commit 4 contempt and enforced 'tht
fines IL Albany Law Journal 4ee
26 Am. r. 752. 4 -
For sending to a a strict iu1ge c-'
: on court 1 letter stating that '"Th,
'r1ilinx syou- h.~A FrTaade ia ds-~<*lv ~c-
trary to every principal of Law. an
!. lsavegy hody Anows :, believe. and u
lis sur desire that no such deci8lol
.. | shall stand unreversed in any cerrf
|. rye practice hi: 4f' iteoshessswass1in
$50 and suspended from prac,lce unit
the amount shoui1 be paid. In de
!, livering the. opinion of the Suprem
Court Of Kansas ia "KS Prior, IL Kar
u. rs Am. TAI. Brewer j.. said:s
Upon this We remark. in Ae Airs
!, Mace tnst tho language Of this ieste
: is very insulting. To say to a jads
that a certain rui.ne which he ..ha
. made is contrary to every principle {
!, Law and that everybody l-nows Nj
!. certainly most severe imputatiof
We remark, secondly. that an alto
. ney is under special obligations to b
,, considerate and respectful in mis- col
, duct and communications TO a iudg,
He is an officer of the court. and it
therefore his duty to uphold its homo
and dignity. The independence of til
> profession carries with 1.-THE RICH
freely to challenge: eriticise' and col
!, denim all matters md things under r
|. viewsand in evidence. Bvrswith tn
, privilege goes the corresponding obi
: cation of constant courtesy and re
; pect toward the tribunal in which IL
: proceedings are pending And tn
: fact that the tribunal is an inferio
4 one, and it's rhlinss not anal and Wit
! OUT appeaEf does not ;diminish in til
;, slightest DEGREE this obligation o
= courtesy and respect. A Justice {
- the peace before whom the most tr
- ling matter issbeing Irrigated is ae
al titled to receive from every attora1
"A n, 4 ~ ka2n nk3rtnors and rocpooRf