Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-28

cOntemptuous, angry or insulting ex-
pressions at every adverse ruling un-
III it become the courts clear du,y
10 check the habit by the severe les
on Of punishment fo- CONTEMPT.
The single insulting expression for
when the court punlsnes may there
fore seem to these knowing nothing of
the prior conduct of the attorney ana
looking only at the single remark, a
II alter which might well be unnotic-
ed; and yet if all the conduct of the
attorney was known, the duty of in
reference and punis ment might be
clear
We remark finally, that while from
the very nature of things the power
of court to punish for contempt is
a vast power, and one which, in the
hands Of a corrupt or unworthy Judge
may be used tyrannically and unjust
ly, yet protection to individuals lies
in the publicity Of all judicial pro-
Gee, ngs, and the appeal which may
be made to the legislature for nro-
proceedings against any Judge who
proves himself unworthy of the power
intrusted to him"
Where a contention arose between
counsel as to whether a witness had
not already answered a certain cues
ton, and the court after hearing the
reporters notes read. decided that
she had answered it, whereupon one
Of the attorneys sprang to his feet.
and, turning to the court, sad, in a
loud tone and insulting manner:
She has not answered the question"
held that the attorney was guilty of
contempt regardless of the question
whether the decision Of e court was
right Or wrong" Russell V Circuit
Judge. g. Iowa, 1872.
In Sears V Starbird. 70 Cal 81. Z
Am. St. 123, a brief rejecting upon
the trial judge was stricken from the
record in the Supreme Court, because
it contained the following:
The court, out o. a fullness Of his
love for a cause, the parties 10 it Or
their counsel, or from an overzeaIous
desire to adjudicate all matters, points
arguments and things, could not. with
any degree Of propriety under the law.
patch and doctor up the cause of the
plaintiffs, whic-., perhaps, the care
.lessness of their counsel had left in
such condition as to entitIe them to
no relief whatever"
said in the opinion
"I-eTe is q --nCt lntimaticn that
the Judge of -..e court below did not
act from proper motives, but from a
love of the parties or their counsel
We see nothing IL The record which.
suggests that such was the case. On
the contrary e action complained of
i seems to us TO have been entirely
. II ii Vol
The brief. therefore contains a grounu-
less c.4arge against the purity of mo-
i tive of the Judge OF the court below
I This we regard as a grave breach of
4 professional proprietv Every person
/ on his admission to the bar takes an
] oath to faithfully discharge the du-
ties of an attorney ami counCelcr."
i Surely sucn a course as was taken in
! this case is not in compliance W.
/ that duty. In Friedlander V. sumner
! G.. Il S. NJ Co, 81 ,al. III. The court
said:
I If unfortunately counsel in any
/ case shall ever SO far forget himself
as willfully to employ Language mani
festly disrespectful to the judge of the
superior court-a thing not to be an
ticipated-we shall deem it our duty
| 10 treat SUCH cOliuuCl DIS d contempt Vi
this court and to proceed according
ly: and the briefs of the case were
ordered to be stricken from the flies.
In U. S. V. Late Corporation of
! Church of Jesus Chris. Of Later Eav
/ Sairts. language used in the petition
filed in effect accusing the court of
an attempt to shield its receiver and
his attorneys from an investigation
I of charges of gross misconduct in Of
! fee and containing the statement that
I'VE must decline to assume the
functions of a grand jury. Or attempt
| to perform the duty Of the court in
Investigating the conduct of its Off
| GERS was held to be cOntemptuous.
( 211 P. 5I9.
In re Terry. Sc Fed 419 an extreme
case, for charging the court with hav
ing Deen bribed, resisting removal
from the court room by the marshaI
| acting under an order from the bench
and using ABUSIVE language, one OF
the defendants was sent to Jail for
thirty days and the other for SIX
/ months Judge - cry. who had not
made any accusation against the
court sought release and to be purg
ed of the contempt by a sworn petit
ion in which he alleged that il the
transaction he did not have the slight
est idea of showing any disrespect to
the court. II was held that this cOulC
not avail or relieve him and it was
said:
"The law imputes an intent to ac
complish the natural result Of che
acts and. when those acts are Of .
criminal nature. it will not accept
against such implication the denial q
the transgressor. No one would be
safe if a denial or wrongful or crlmi
nal intent would suffice to realise thC
| violator from the punishment due II
his offenses."
In an application for a writ Of ha-
4 beas corpus growing out Of that case
Justice Harlan. speaking for the Su
Dreme court of the United States said
1--WE have seen that it IS a settled
| in tho i1lri hp+Fl n