Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-08

his brief or argument is to assist the
court in ascertaining the truth per
tanning to the pertinent facts, the rea
effect of decisions and the law appli
cable in the case, and he far oversteps
the bounds of professional conduca
when he reports to Misrepresentation
! false charges or vilification.
! He may iuily present. discuss and
argue the evidence and the law and
/ freely indicate wherein he beue, es
I that decisions and rulings are wrong or
/ erroneous, but this he may do with
out effectually making bald 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 mem
Der, and which the people. through
the Constitution and bv 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 plain that any
departure from them by 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
imposed in a few of the many cases.
ord Cottingham imprisoned Ed
mund Lechmere Charlton a barrister
and member of the House of Com
mons for sending a scandalous letter
TO one of the masters Of the court
and a committee from that body. after
an investigation. reported that in their
opinion his claim to be discharged
from imprisor ment by reason of priv
legde of parliament ought not to be
admitted Milne and Craig. BIZ,
When the case of People VS.. Tweed
, in New York came up second time
/. before the same Judge. before the tria!
, 4, commenced. the prisoners counsel pri
, vately handed TO the judge letter
ccuched in respectful language. in
which they stated substantially, thai
y their client feared, from che circum
). stances Of the former trial, that the
fudge had conceived prejudice
, ! against him. and that his mind was
, not in the unbiased condition neces
q sary to afford an impartial trial. anC
:. respectfully requested him to ccnsid
q err whether he should not relinouisl
y. the dutv of presiding at the trial t
O. some other Judge, at the same TIM
e, declaring that no personal dlsrespec
was intended toward the judge Of tn
= court. The Judge retained the lette
, and went on with the trial. At tn
:, erd of the trial e sentenced thre
+ Of the writer's to fine Of $3.50 eact
=, and oublicaly reprimanded the 9th
!, ers, the junior counsel, at the tire e,
y, pressing the opinion that if such
;, thing had been Zone by them in Ems
- land, they would have been "expelle
=, from the bar within one hour" Th
). counsel at the Time protested tina
=, tte~ in-erdet 70 contempt {
~ court and that they felt IAN
a7 intended to express no Il disre
, pect for the Judge" but that their a,
=, =, ton ha1' been taken in furthersnce (
what they deemef IN va ~ -ee'
30 OF t.eh client and the faithful an
conscientious discharge Of the r dut,
NJ The Judge accepted the disclaimer {
- personal disrespert. but refused +
IN believe the disclaimer of intention t
r. commit contempt and enforced II
fines. II Albany Law Journal 40
Is AMI 752.
al For 6enaing to strict iudgs =,
e. Of cburt a letter stating that 9TH
H. ruling you have made is directlv 90,
ae traTy 70 every principal Of law. ar
=, every body nnows :. believe. and
=. is-' our desire, that no such decisle
.. shall stand unreversed in snv cow
au We practice in" an attorney was fine
o. $50 and suspended from prac,,ce unit
= the amount ssiouio' be paid In d
~ livering the opinion of the Supren
- Court of Kansas in Re Prior. IL Ka
~ Y. 26 Am. TAT. Brewer j.. said:s
u Upon this We remark. in .leffir
10 place that tho language of this lktte
AZ is very insulting. To say to a jdde
that certain ruling which he h;
:. made is contrary to every principle
-: law and that everybody oov-c It
- certainly a most severe imputatio
10 We remark secondly, that an ATTIC
w ney is under special obligations to
- cOnsiderate and respectful in his co
=. duct and communications to iudg
=; He is an officer of the court. and it
:, 4 therefore his duty to uphold its hOn'
= and dignity. The independence of Il
- profession carries. with, it the rigl
= freely to challenge, criticise and co
y, denim al! matters and things under !
~, view and in evidence. TT: wit, til
"a privilege goes the corresponding oh
10 cation of constant courtesy and re
~ pect toward the tribunal in which t
as proceedingsNare pending. And Il
- fact that the tribunal is an inferi
!, one and its rulings not Anal and wit
wa out appeal. does not diminish in t
ID. slightest degree this obligation 4
' IN, courtesy anfs respect.s A Justice
sst the peace before whom the most II
M ling matter rs being Irrigated is {
I'd titled stos receive from every attorn
mo- in the case corteous and respect
no. treatment. "a fasapre to extend Il
;et conEt asy saHd respectful treatment
If a failure Of .duty:: ard it may be