Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-26

dependence, may become want to use
contemptuous, angry or insulting ex-
pressiOns at every adverse ruling I'M
IL it become the courts clear du,y
% check the habit by the severe les
on of punishment for contempt
The single insulting expression for
shlch the court punlsnes may there
fore seem to these showing nothing of
the prior conduct of the attorney, ana
looking only at the single remark, a
matter which might wei 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 a court to punish for contempt is
a vast power, and one which, in the
hands of 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 pro
proceedings against any Judge who
proves himself unworthy of the power
int listed to him"
Where a contention arose between
counsel as to whether a witness had
not already answered a certain ques
tiCn. 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
loud tone and insulting manner:
She has not answered the question"
held that the attorney was guilty of
contempt regardless Of the question
woether the decision Of e court was
right or wrong" Russell V. Circuit
Judge, 81 Iowa 1o2.
In Sears U. Starblrd. IS Cal. 81. 7
Am. St. 1z3. brief rejecting upon
the trial judge was stricken from the
record in the Supreme Court, because
it contained the following:
The court. out o. q fullness of his
love for a cause, the parEias 10 it or
their counsel. or from an Overzealous
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
plain. ifs. whic-. perhaps, the care
lessness of their counsel had left in
such condition ;S to entitle them tc
no relief whatever"
In reference to this language it was
said in the opinion:
"l-ere is a ------nct intimatiOn 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 lie record which
suggests that such was the case. Or
,lair ny ri
seems to US to have been entirely
proper: See Sill V. Reese, AZ Cal. $40
The brief, therefore contains ground
less c-arge against the purity of mo-
tive Of the Judge OF the court below
This We regard as a grave breach OF
! professional propriety. Every person
on his admission to the bar takes ar
oath to faithfully discharge the du
ties of an attorney AMI councelcr.'
| Surely sucn a course as was taken in
this case is not in compliance W.
that duty. In Friedlander " sumner
G. & S. NJ Co., 81 .al. III. The cour
said:
eff unfortunately counsel in any
case shall ever SO far forget himself
as willfully to employ language mani
testify disrespectful to the Judge of tn,
superior court-a thing not to be an
ticipated-we shall deem it our dut!
to treat such conduct as contempt o
this court, and to proceed according
ly: and the briefs of the case were
order ed to be stricken from the flies.
In U. S. " Late Corporation OF
Church of Jesus Chfis. Of Later Ia.
Saints. language used in the petition
filed in effect accusing the court o
an attempt to shield its receiver ant
his attorneys from an investigation
of charges OF gross misconduct in OF
fee and containing the statement tina
1--WE must decline to assume the
functions of a grand jury, or attemp
to perform the duty of the court il
investigating the conduct of its Off
GERS. was held to be contemptuous
211 P. SIG.
In re Terry, Sc Fed. 4l9 an extrem
case. for charging the court with hay
ing oeen bribed resisting remova
from the court room by the marsha
acting under an order from the bench
and using abusive language, one @
the defendants was sent to Jail 70
: thirty days and the other for 81
months. Judge cry, who had no
court sought release and to be purs
ed of the contempt by sworn petit
ion in which he alleged that in tn
transaction he did not have the Sigh
est idea of showing any disrespect
the court 1t was held that this coul
not avail or relieve him and it wa
said:
The law imputes an intent to a.
complish the natural result of one
acts. and. when those acts are OF
criminal nature. it will not accep
against such implication the denial {
the transgressOr. No one would b
safe if a denial or wrongful or Grim
nal intent would suffice to realise tt
violator from the punishment due
: his offenses"
: In an application for a writ of h.
beas corpus growing out of that cas-
Justice Harlan. speaking for the S
: preme court of the United States saiC
I'VE have seen that it is settle