The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-10

these tribunals a ;us..: e or the sup
port and ureses atio3 OF their respec.
liability and independence; it has ex-
listed from the eaf..- :. .'iDi t. wbit b
the annals of iufi ,:Drudeace extend;
and. except in 4 Few cases Of marty VOL
A1ce, it has been sanctioned and es-
0oo6AGd by the experience Of ages."l
Lard EAyor of London's case. 3 Will
sOr, fSS; opinion 0. Kent, & j., in
the case of Yates, 4 Johns, BIZ; John
son v. The Commonwealth l Bibb 59S.
At page 206 of Weeks on Attorneys,
I'd edition it is said:
Language may be contemptuous.
w..e.her written or spoken; and if in |
the presence of the court, notice is
not essential before punishment and |
scandalous and insulting matter in a |
petition for rehearing is equivalent
to the commission in open court of an
act constituting contempt When
the language is capable of explana-
ton, and is explained, the proceedings
must be discontinued; but where it
is offensive and insulting per Sc the
disavowal of an intention to commit
contempt may tend to excuse, but
cannot justify the act From an open.
notorious and public insult to a court
for which an attorney contumaciously
refused in any way to atone, he was
fined for contempt, and his authority
to practice revoked"
Other authorities in line with these
we have mentioned are cited in the
note to re Cary, 10 Fed 63z. and in
9 Cyc. L. 20, where it is said that
contempt may be committed by in
serting in pleadings, briefs. motions,
/ arguments. petitions for rehearing or
other papers filed in court insulting
or contemptuOus language, rejecting
or the integrity of the court
BY using the Objectionable language
stated respondent became guilty Of
contempt which no construction OF
the words car excuse or purge. His
disclaimer of an Intentional disres-
pect 70 the court may palliate but
cannOs Justify a charge which under
any explanation cannot be construed
otherwise than as rejecting on the in
> teiigence and motives Of the court,
and which could scarcely have been
made for any other purpose unless to
intimidate or Improperly. influence our
: decision
AS we have seen, ATTORNEYS have
; been severely punished for using lam
guage in many instances not so rem
, rehensi5le. hut n view or the disa-
VoWal IN open court we nave conclud-
, ed not to impose a penalty so harsh
r as disbarment or suspension from
practice, or fine or Imprisonment.
(, Nor do We forge, that on p-escribi,;a
asai''st the miscoEiuc. II attorney
5 htlgants ought pos to be punished C.,
r prevented from ain+a'lihg in the
case all petitions, pleadings, and pa
pers essential 10 the preservation and
!. enforcement of Their rights.
1t is ordered that the offensive net
iiion be stricken from the files. tina,
; respondent stand reprlmanded and
5 warned, and that he pay the costs n
: this proceeding.
I an attempt to shield It's receiver ane
his attorneys from an Investigation
of charges OF gross misconduct In Of
e fee and containing the statement tha
We must decline to assume the
I functions of a grand jury, or attemp
to perform the duty of the court III
investigating the conduct of its Off
!. GERS. was held to be contemptuous
211 P. 5l9
e In re Terry. So Fed 41s an extreme
case, for charging the court with hav
: Court deemed the language contempt
. uous. the said language be stricken
: out of his petition.
5 Respondent not only contended ant
: said that he had no intention to be
/ disrespectful or contemptuous but he
I also earnestly contended that the Ian
!. guage charged against him and which
: ing was based, was, in my opinion
. contemptuous: and moved that If tn,
d he admitted having used was not dis
s oath to faithfully discharge the du
e ties of an attorney and councelcr
a Surely sucn fOurse as was taken il
/. this case is not in compliance Va
l. that duty In Friedlander V. Sumne
G.. 4 S. NJ Co, 81 cal III The cour
e said
9 IF unfortunately counsel in any
case shall ever SO far forget himsei
e as willfully to employ Language mani
d testify disrespectful to the Judge Of tn
IS superior court-a thing not to be an
U ticipated-we shall deem it our dut,
= to treat such conduct as a contempt O
Y this court. and to proceed according
g lv: and the briefs of the case wer
n ordered to be stricken from the flies.
e In I. 5. V. Late Corporation OF
G Church Of Jesus Chtisr Of Later Ia
q Saints. language used in the petition
d warned. and hat he pay the costs 0
M