Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-07

tanning to the pertinent facts. the rea
effect of decisions and the law appli
cable in the case, and ne far oversteps
the bounds OF professional conducl
when he reports to misrepresentation
false charges or vilification.
He may July present discuss and
argue the evidence and the law and
freely indicate wherein he Deu0. IS
that decisions and rulings are wrong or
erroneous. but thls he may DO with
out effectually making bal! accusa-
tons against the motives and intelli-
gence of the court, or being discOur-
teous or resorting to abuse which is
not argument nor convincing to rea-
soning minds If respondent has no
respect for the justices, he ought to
have enough regard for his position
at the bar to refrain from. attaching
the tribunal of which he is a men,
Der, and which the people. through
the Constitution and by general con
sent have made the final Interpreter
of the laws which ne, as an officer
of the court, has sworn to uphold
and protect.
These duties are so Dla.r that anv
departure from them by a member
Of the bar would seem to be willful
and intentional misconduct.
The power of courts to punish for
, contempt and TO maintain dignity in
! their proceedings is Inherent and is
as cid as courts are old. 1t is also
provided by statute. BY analogy we
note the adjudications and penalties
I imposed in a few of the many cases.
ord COttlngham imprisoned Ed
! nnb Charltnn hor iota
and member of the House of Com
mons for sending scandalous letter
TO one of the masters of the court
and committee from that body, after
. an investigation. reported that in their
opinion his "claim to be discharged
from Imprisonment by reason of privi-
lesde of parliament ought not 70 be
admitted" Milne and Craig. S17.
When the case Of People VS.. Tweed
in New York came up a second time
/ before the same Judge, before the trial
, commenced. the prisoners counsel pri-
! vately handed 10 the Judge q letter
couched in respectful language, in
which they stated. substantially. that
their client feared. from the circum
stances of the former trial. that the
! Judge had conceived prejudice
against him. and that his mind was
I not in the unbiased condition neces-
/ sary to afford an impartial trial, and
respectfully requested him to cCnsid-
/ err whether he should not relinquish
| the dutv of presiding at the trial to
some other judge. at the sane time
declaring that no personal dlsrespect
was intended toward the judge of the
t court. The Judge retained the letter
and went on with the trial. At the
end of the trial e sentenced three
Of the writer's to fine of $3.50 each,
and publically reprimanded the 9TH
ers, the junior counsel. at the time ev.
pressing the opinion. that if such a
thing had been cone by them in Eng
land, they would have been expelled
from the bar within one hour" The
counsel at the time protested that
they intended no contempt OF
| court and that they felt and
intended to express no disres
pect for the Judge but that their ac-
ton had been taken in furtherance OF
what they deemed , veal 'r+eraet-
of t-eir client and the faithful and
conscientious discharge Of the dutv
The Judge accepted. the disclaimer OF
personal disrespect. but refused TO
\ believe the disclaimer of intention to
commit contempt and enforced the
fines. II Albany Law Journal 4OS
26 Am. r. 1872
For sending to a d strict irHge c"t
CT court a letter stating that The
ruling Won have made is direct'v con
trary to every principal of law. anc
every body nnows :. I believe and II
is our desire that no such decision
shall stand unreversed in anv court
We practice in an ATTORNEY was fine,
$50 and suspended from practIce unit
the amount shouiu be paid In de-
livering tho opinion Of the Supreme
Court of Kansas in Re Prior. IL Kan
70. 26 Am. TAI Brewer j.. said:
Upon this we remark. in ae fire
nlace that the language of this letter
is very insulting To say to a Judge
that certain ruLng which he has
made is contrary to every principle 6
law and that everybody - ovc It Is
certainly a most severe imputation
We remark. secondly that an attor
ney is under special obligations to b,
considerable and respectful in MS con
duct and communications TO a Judge
He is an officer of the court. and it i
therefore his duty to uphold its honor
and dignity The independence CT tn
profession carries with it the RICH
freely to challenge. criticise and con
denim all matters and things under re
view and in evidence TIT witt thi
privilege goes the corresponding obi
cation of constant courtesy and res
pect toward the tribunal in which tn
proceedings are 'Dendipe And tn,
fact that the tribunal is an iuferio
one, and its rulings not final and witt
out appeal. does not diminish in tn
slightest degree this obligation of
: courtesy and respect. A justice o
I the peace before whom the most tri
!. ling matter is being Irrigated is er
! titled to receive from every attorne
in the case corteous and respectfr
y treatment. A failure to extend thi
courtesy and respectful treatment i
Z failure of duty; and it may he .
q gross dereliction as to warrant tn
v<.sr ~R L. e