Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-24

preSSlOnS at every adverse ruling un-
al it become the courts clear duty !
20 check the habit by the severe les
on of a punishment for contempt |
The single insulting expression for |
which the court punisnes may there
fore seem to those knowing nothing of
the prior conduct Of the attorney, ana
looking only at the single remark, a
matter which might well be unnOtic-
ed; and yet if all the conduct of the
attorney was known, the duty of in
reference and punis- ment might be
clear
We remark finally. that while from
the very nature of things the power
of court to punish for contempt is
a vast power, and one which, in the
hands of a. corrupt or unworthy judge
may be used tyrannically and unjust
ly, yet protection to individuals lies
in the publicity of all judicial pro-
ceeL ngs, and the appeal which may
be made to the legislature for pro-
proceedings against any judge who
proves himself unworthy of the power
intTusted to him.
Where a contention arose between
counsel as to whether witness had
not already answered a. certain ques-
ton and the court after hearing the
reporter's notes read. decided that
she had answered it. whereupon one
of the attorneys sprang to his feet.
! and. turning to the court, sad, in a
loud tone and insulting manner:
She has not answered the question
held that the attorney was guilty or
{ contempt regardless of the question
whether the decision Of e court was
right or wrong" Russell V. Circuit
+ Judge, ST Iowa, 1872.
In Sears V. Starblrd. Is Cal 81. I
= Am. St. lk3. a brief rejecting upon
the trial Judge was stricken from the
record in the Supreme Court, because
it contained the following:
The court. out o. a fullness Of his
love for a cause. the parEias 10 il or
their counsel, or from an Qyerzealous
desire TO adjudicate all matters. points
arguments and things could not, WITH
anv degree of propriety under the law
patch and doctor up the cause OF the
plain, ifs, whic-., perhaps. the cara
Iessness of their counsel had lett II
such q condition as to entltle them e
no relief whatever.
In reference to this language it wa!
said in the opinion;
- ere Is q net lntlmatlon ina
the Judge of ,-.e court below did no
: act from proper motives, but from
love of the parties or their counsel
We see nothing in lila record Whlcl
suggests that such was the case. VI
the contrary, e action complained O
seems to us to have been entlrel,
proper: See Sill V. Reese. IT Cal. 34t
The brief. therefore contains groun,
less Cargo against the purity OF mo
>. tive Of the Judge OF the court below
This we regard as grave breach
: professional propriety. Every perso
4 on his admission to the bar takes a
: oath to faithfully discharge the dt
1 ties of an attorney ana counce!cr
e Surely sucu a course as was taken l
t this case is not in compliance W.
Il that duty. In Friedlander V. Sumne
d G & S. NJ. Co, 81 al. III. The cOu
s said:
: .If unfortunately counsel in an
If case shall ever so far forget himsc
S as willfully to employ Language man
d testify disrespectful to the judge OF II
y superior court-a thing not to be a.
# ticipated-we shall deem 1t our du
0 TO treat such conduct as contempt
o this acourt. and to proceed accordln
e ly: and the briefs of the case Wei
8, order ed to be stricken from the flies
In U. 5. " Late Corporation {
1t Church of Jesus Chfis- CT Later Z;
e Sairts, language used in the petite
n filed in effect accusing the court
Id an attempt to shield it's receiver al
it his attorneys from an investigate
m of charges OF gross misconduct in
t, fee and containing the statement tn
eu I'VE must decline to assume Il
til functions of a grand jury. or attem
e. to perform the duty of the court
ne investigating the conduct of its o
n. GERS. was held to be contemptuOi
211 P. 5I9.
st In re Terry. So Fed 419 an extrel
err case for charging the court with h;
ge ing peen bribed, resisting remoV
as from the court room by the marsh
OF acting under an order from the ben
is and using abusive language, one
N the defendants was sent TO jail
Or thirty days and the other for
be months. Judge cry, who had I
IN made any accusation against
se- court sought release and to be pu
is cd of the contempt by sworn pc
or ion in which he alleged that in
Int est idea of showing any diAespect
IN the court 1t was held that this co
re not avail or relieve him and it V
MS said:
oil The law imputes an intent to
es- complish the natural result OF or
the acts. and. when those acts are o
he criminal nature, it will not acce
iOr against such implication the denial
it'll the transgressor. No one would
the safe if a denial or a wrongful or crl
of nal intent would suffice to realese
OF ! vioIator from the punishment due
TIT his offenses."
en- In an application for a writ Of
ney beas corpus growing out of that G.
tful Justice Harlan. speaking for the
his preme court of the United States s.
is 1--WE have seen that it is a sett
SC doctrine in the jurisprudence both
the England and Of this country, ne
for supposed to be in conflict with the
hot fny n