Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-21

| VI puUIlC ana private TlSntS, nor the
officers Charged W. the duty of ad-
ministerlng them" 12S U. S. 3l3
In re Wooley IL ny. IS, It was held
tat to incorporate into Potion for
rehearing the statement that Your
I-onors have rendered an unjust de-
I cree" and other insulting matter, is
to commit in open court an act con-
! shutting 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 q contemnt
may tend to excuse but cannot justify
the act. From a paragraph in that
opinion we quote:
"An attorney may unfit himself for
, the practice CT 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 studously 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 70 the
highest judicial tribunal of the State
for which an attorney contumaCiOus!y
refuses in any way to atone, may JUS
tify the refusal of that tribunal TO
recognize him in the future as one of
its officers"
IN re Cooper. % Vt 1852. the re-
spondent was fined for ironically stat
ing to a justice of the peace Il think
this magistrate wiser than the Su
pren.e court" Redheld. c. J., said:
The counsel must submit IN JUS
5 | tiCe court as well as in this court
| and with the same formal respect
u howel er difficult. it may lie either
: here or there"
T We do not see that the relator has
any alternative left him but the sub
Il mission to what ne no doubt regards
as a misdpprehension 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
4 have failed TO convince others of the
= sOundness Of their own views, or TO
a became convinced themselves ftheil
!, falacy"
i In Mahoney Y State, 7G n. F. Isl
~ an attorney was fined $50 for saying
u 81 want TO see whether the court i:
y right or rot ; van u know whether
am going to he heard in this case in
= ! the interests OF nv client or ~
:. and making other insolent statements
y. In Redman V State 2S Ind. the judg
=. informed counsel that a question VA
:. improper and the attorney replied
;, ''If we cannot examine cur witnesSe
:, he can stand aside" This Language
- was deemed offensive ana the cour
prohibited that particular attOrne
or from examining the next witness
- II Brown V. Brown " Ind. 12i. I'll
lawyer was taxed with the cost of tn
" action for fling and reading petition
,if for divorce which was unnecessarily
nj gross and indicate.
he In Mccormick V Sheridan, 20 P g
n. IS. CAL "a petition for rehearin
~ stated that how or why the HONORABLE
nj commission should have 80 eftectuall
,e- and substantially ignored and disre
re eardad the uncontrsdicted TESTIMONY
, &" We do NOT know. II seems tnat ne
of Their the transcript nor our brief
> could have fallen under the commi.
on sioners observation A more dish
of geniouS and misleading statement {
nd the evidence could not we'll be mad.
on II is substantially untrue and unws
Of ranted. The decision seems to us (
lat be a traversitv of the evidence He
he that counsel drafting the petition wa
NJ nf
in face of the court. Notwithstanding
fiji disavowal of disrespecsful intention
is A fine of 5000 was imposed with an a
tentative of serving in jail
me The Chief Justice speakin. for tt
av- court in State V Morrill,. Is Ark. 81
q! said:
lai ''If it was the general habit of tn
ch community to denounce. degrade. ar
OF disregard the decisions and iudgmen
/ y of the courts. no man OF self-respe
six and just pride of renu:a III W1n.d I
lot | main llDOn the bench. and such on
he would become lhe ministers OF ~
re- law as were insensible to defamatic
tit and contempt. But hapnily for II
he good order Of society. men. an espe
hit iallv the people of this country. a
to generally disposed to respect ar
uld abide the decisions of the tribuna
Eas ordained by government as the Coz
mon arbiters of their rights. b
&C where isolated individuals. In ciol
e's ton of the better instincts of hums
nature. and asregardful of law Al
pit, order. wontanly attempt to obstru
OF ,le course of public justice by disr
be garding and exciting disrespect f
mi the decisions OF its tri;l,nn 5. eve
the good citizen will point them out
in proper subjects for legal anlmadvt
sion.
ha- A court must naturally look first
Use. an enliehtened and conservative b;
SUI governed by a high sense OF Drof'
i'd sional ethics and deeply sensible,
ed they always are. of its necessity
OF aid in the maintenance of public r.
yer pect for its opinions"