Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-13

ministerlr en-" 12s U. s. 31s.
In re We . Il NY. 30, / was held
t. at TO inc , rate into 4 p,-tt0n for
rehearing statement that Your
..onors ha Q rendered an unjust de-
cree" anC the in ~ulting matter, is
to commit ~ Ooen court an act con
| stituting a contempt On the part Of the
: attorney: ond hat where the Ian
guare spoken CT written is CT Itself
necessarily offensive, the disavowal o.
, an intention to commit a conterD d
may tend to excuse but cannot justify
the act. From a paragraph in that
opinion we quote:
can atto"~cv may unit himself for
the p~actice # 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 c nduct himself as TO contin-
ually interrupt the business of the
courts in which he practices; or he
} may by a systematic and continuous
r course of conduct. render it impossi-
BILE for the courts 10 preserve their
, seif-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
|
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 10 the
highest judicial tribunal OF the State
for which an attorney cOntuma ciorsiv
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
II re Cooper, 80 VT. 262. the re
spondent was fined for ironically stat
Ing to Justice OF the peace. I think
this magistrate wiser than the SUI
: pre,ne court" Redteld, c. J., said:
The counsel must submit IN JUS
> tice court as well as in this court
, and with the same formal respect
\ howel err difficult. il may lie either
= here or there"
We 90 not see that the reletor has
!, any alternative eft him but the sub
L mission TO what lie no douht regards
. as a misapnrehensCu Of the law, both
or the part of the justice aud Of this
= court And in that respect he is in q
condition ve"v similar 10 many who
have failed TO convince others of the
- sOurdness of their own views, or 10
. became convinced themselves tthelr
\, falacy"
N Mahoney V. State. = \. Z. ISL.
- ar attorney was fnod 500 for saving
:, Il want to see whnther the court is
. right or "Ot ; van = know whether
am going 10 ho heard in tbs case in
=. ! the interests Of nv chen. 0r ~"
:. and making other in5olent statements
" In Redmaa V. State % Ind. the iudgf
~ informed counsel that a question was
N improper and the attorney replied;
y IF We cannot examine our witnesses
he can stand aside" This laneua ee
IN was deemed offensive ana the court
prohibited that particular attorney
or from examining the next witness.
# In Brown V Brown " Ind. 72l tht
lawyer was taxed with the cost Of the
v action for filing and reading a petition
r. for divorce which was unnecessarily
II. gross and indicate
10 In Mccormick V. Sheridan. 20 P y
n. IS. Cal "A petition for rehearina
~ stated that how or why the honorable
ot commission should have so effectuall,
o and substantially ignored and iisre
re gard ed The uncontradicted tastimCn"
, We do not know. 1t seems tnat nei
If Their the transcript nor our brief:
~ could have fallen under the commits
IN sioners observation. A more disin
of genious and misleading statement o
I'd the evidence cold not well be made
IN 1t is substantially untrue and unwar
If | ranted. The decision seems to us tt
at be a traversitv of the evidence Hell
,e that counsel drafting the petition wa
ut guilty of contempt committed in th'
in face of the court. notwithstanding
fl disavowal of disrespectful intention
IS A fine Of 5000 was imposed with an a
tentative of serving in jail
ne The Chief Justice speaking for tn
" court in State V. Morrill, is Ark. 81
a. said:
la IF il was the general habit nj tn
n community TO donOunce, degrade. an
OF disregard the decisions and Judgment
80 of the courts. no man of self-resppc
TX and lust pride of reHu'a ia wand u
OF main upon the bench. and such onl
he would become tAe ministers of n
rg law as were insensibie to defamati0
it and conterant : But happily for III
he good order of society. men. an espet
ut ialIv the people of this country. a.
to generally disposed to reSnn"f an
I'D abide the decisions of the tribunal
as ordained by government p ITO r(''
mon arbiters of their rights. BIZ
&C where isolated individuals. IN violf
e's ton Of the better instincts Of huma
A nature. and nisresardful of law an
pit, order. wontanly attempt to obstrut
OF ne course Of public justice by disr'
be garding and exciting disrespect fC
nj the decisions OF its trinunn ;. ever
he good citizen will point them cut 8
in proper subjects for legal anlmadye
SiOn<
"a A court must naturally looK-first
Sc. an nlightened and conservative ba
SUI governed by a high sense OF prcfe
"a: sional ethics and deeply sensible, {
ed they always are OF its necessity
IF aid in the maintenance of public re
yer |. pect for it's opinions
Id In Somers V. TOrrey. 5 Paige Oh.