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

In re WoOley IL NY. 50, It was held
tat to incorporate into a pc -tion for
rehearing the statement that Your
.-onors have rendered an unjust de-
cree" and othe. insulting matter, is
to commit in open court an act con-
stitutiLg contempt on the part OF the
attorney; and hat where the Ian
guage spoken or written is of itself
necessarily offensive, the disavowal OF
an intention to commit contempt
may tend to excuse but cannot justify
the act From paragraph in that
opinion we quote:
"An 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 systematic and continuous
course of conduct, render it impossi-
| 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
I SH dtlclHDlS W III iiII
| tribunals of justice 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 tribunal of the State
! for which an attorney cQntuma ciOus!y
refuses in any way to atone. may JUS
I tify the refusal of that tribunal to
]
! it's officers
! In re Cooper, - vt. 262, the re-
spondent was fined for ironically stat
/ ing to a justice Of the peace, 4 think
this magistrate wiser than the Su-
preme court" Redield. c. J., said:
THE counsel must submit IN JUS
tice court as we'll as in this court,
and with the same formal respect.
howel er difficult. it may he either
here or there"
Eve do not see that the relatOr has
any alternative 4eft him but the sub
mission to what lie no doubt regards
as !; misrepresentation of the law. both
on the part of the justice and Of this
court And in that respect he is in a
| condition very similar to many who
have failed to convince others of the
soundness of their own views, or to
became convinced themselves ftheiy
falacy"
In Mahoney V. State, 72 \. F. Isl,
an attorney was fined $50 for saying
tI want to see wha.her the court is
right or lot want - know whether
| am going to be heard in tlis case in
the interests of my ellen. nr no"
and making other insOlent statements
In Redman v State % Ind. the judge
informed counsel that 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 v 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. n
IS. CAL "A petition for rehearine
, stated that how or why the honorable
/ com mission should have SO eftectually
and substantially ignored and disre
. garded the uncontradicted testimony
, We do not know 1t 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
1t is substantially untrue and unwar
ranted. The decision seems to us Il
t be a traversity of the evidence" Hell,
that counsel drafting the petition wa:
| If ,vNf Z or, in q
/ face of the court notwithstanding
disavowal of disrespectful intention
fine Of 5000 was imposed with an al
tentative of serving in Jail
2 The Chief Justice speaking for TIL
: court in State V. Morrill, Is Ark. 81
said:
/ ''If it was the general habit of tn
community to denounce, degrade, an
f disregard the decisions and judgment
I of the courts. no man of self-respec
x and just pride of renu'4 in wauid re
t main upon the bench. and such onl
2 would become the ministers OF tn
: law as were insenSible TO defamation
: and contempt But happily for tn
e good order of society, men. an espet
T. iallv the people of this country, ar
o generally disDosed to respect an
d abide the decisions of the tribunal
S ordained by government as the CON
mon arbiters of their rights. Blu
: where isolated individuals. in viola
s ton of the better instincts of huma
a nature. and aisregardful of law an
!, order, wontanly attempt TO obstrue
II ,ae course of public justice by disre
e garding and exciting disrespect fC
/ the decisions OF its trienna 5. ever
e good citizen will point them out a
n proper subjects for legal anlmadve
sion.
l. A court must naturally look first
?, an enlightened and conservative ba
l. governed by a high sense OF profe
|: sional ethics and deeply sensible,
l they always are. Of its necessity
# aid in the maintenance of public re
r pect for its opinions
J. In Somers V. Torrey. > Paige Oh.
t % Am. D. Ali, it was held that the a
u tOrneyw no put his hand to scandaloJ