The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-11

the laws enacted for the vindication
OF public and private rights, nor the
officers cA-a- ged VI the duty of ad-
ministerlng them" 12S u. S. 313.
In re WOoley IL NY. 80, It was held
tat to incorporate into a potion for
rehearing the statement that Your
..onOrs have rendered an unjust de-
cree" and othei insulting matter, is
to commit in open court an act con-
stitutilg contempt on the part OF the
attorney; and hat where the Ian
Cuage 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;
IAN attorney may unit 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 nGuct rimself as to contin-
ually interrupt the business of the
courts in which he practices; or he
may by a 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
( systematically attempts to bring the
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 contumaciOusly
refuses in any way to atone. may JUS
tifv the refusal of that tribunal to
recognize him in the future as one of
its officers
In re Cooper. 80 Vt 262. the re-
spondent was fined for ironically stat
ing to a Justice Of the peace. 4 think
this magistrate wiser than the SUI
preme court" Redtield. 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 tie either
here or there
eve do not see that the relator has
any alternative left him but the sub
mission to what .ie 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 O ftheir
falacy"
In Mahoney " State, Is n f ISL.
an attorney was fined $50 for saying
81 want to see whether the court is
right or rot j want t. kr1w whether
I am going to be heard in this case in
the interests Of my clloE. or n.,.-''
and making other insOlent statements
In Redman V. State IS Ind. the Judge
| Informed counsel that a 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 72I. 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. 90 p "a
IS. Cal, "a petition for rehearing
stated that how or why the honorable
commission should have so efectually
and substantially ignored and disre
) garded the uncontradicted testimony
we do not know. It seems that nei
Their the transcript nor our briefs
could have fallen under the commits
sioners observation. 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 to
be traversity of the evidence" Hell
that counsel drafting the petition wa:
guilty of contempt committed in the
face of the court. Notwithstanding ;
disavowal of disrespectful intention
A fine of 5000 was imposed with an al
tentative of serving in Jail
The Chief Justice speaking for TIL
court in State v. Morrill, 16 Ark. 81
said:
! IF it was the general habit Of TIL
community to denounce. degrade. AM
disregard the decisions and judgment
! Of the courts. no man of Self-respec
) and Just pride Of renu.a IN Wauld re
main upon the bench. and such Onl'
would become the ministers of III
, law as were insensible TO detamatiO,
: and contempt But happily for til
} good order of society. men. an espee
i tally the people of this country, az
5 generally disnosed to respect an
abide the decisions Of the tribunal
: ordained by government as the con
S mon arbiters Of their rights. Blu
J where isolated individuals, In viola
ton of the better instincts Of huma
+ nature and uisregardful of law an
2 | order. wontanly attempt to obstruc
/ me course of public justice by disre
e gardng and exciting disrespect fo
n the decisions ot its triHnna 5. ever
4 good citizen will point them out a
+ proper subjects for legal anlmadvel
:. sion.
L A court must naturally look first
!: an enlightened and conservative ba
governed by a high sense OF profe
f sional ethics and deeply sensible, q
r they always are. of its necessity
J aid in the maintenance of public re-