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

tanning to the pertinent fdcts, the real |
effect of decisions and the law appli-
cable in The case, and he far Oversteps
the bouLus of professional conduct
when he reports to Misrepresentation
false charges or vilification.
He may Iully present, discuss and
argue the evidence and the law and
freely indicate wherein he bene. es
that decisions and rulings are wrong or
erroneous, but this he may do with
out effectually making bald accusa-
tons against the motives and intelii-
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 by general con-
sent have made the final interpreter
of the laws which ne, as an officer
of the court, has sworn to uphold |
Id protect.
These duties are SO plain that any
/ departure from them by a member
of the oar 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 old as courts are old. It is also
provided by statute. BY analogy we
note the adjudcations 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 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 privl-
legde of parliament ought not to be
admitted" Milne and Craig, 3l7.
When the case of People VS., Tweed
in New York came up second time
:. before the same Judge, before the trial
commenced the prisoner S counsel prl-
vately handed to the Judge 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 a prejudice
against him. and that his mind was
not in the unbiased condition neces-
, sarv TO afford an impartial trial. and
. respectfully requested him to ccnsld-
, er whether he should not relinquish
; the duty of presiding at the trial TO
). some other Judge, at the sane time
. declaring that no personal dlsrespect
F was intended toward the judge OF the
, 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 a fine of $3.50 each
!, and puhlically reprimanded the otn'
, ers, the Junior counsel. at the time eX
!, pressing the opinion that if such a
thing had been uone by them in Eng
= land. they would have been expelled
:, from the bar within one hour The
p. counsel at the time protested tina
!, thew intended no CONTEMPT o
=, court and that they felt ant
=, intended to express no disres
, pect for the judge but that their &C
- ton had been taken in furtherance o
= what they deemed 3 wal interest
of / cir client and the faithful ant
conscientious discharge Of the duty
!" The judge accepted the disclaimer o
= personal disrespect. but refused tt
~ believe the disclaimer of intention t.
L commit a contempt and enforced tn
fines II Albany Law Journal 40t
26 Am. R. 1872.
di For sending to a district Judge on
Z Of court a letter stating that "Th
" ruling you have made is directly COZ
Il trary to every principal of law, an
- every body nnows 4. l believe. and
4, is our desire that no such decisio
>. shall stand unreversed in any cour
~ we practice in an attorney was fine
al $50 and suspended from praclice unit
e the amount shouiu be paid. In d.
n livering the opinion of the Supren
Is Court of Kansas in Re Prior, Is Ka,
Ia 70. &c Am. TAT. Brewer j.. said:
u Upon this we remark. in he fir
hs place that the language of this lette
III is very insulting. To say to a juds
that a certain ruling which he he
n, made is contrary to every principle
10 law and that everybody --nOWs it.
a certainly most severe imputatio
10 We remark. secondly that an ATTIC
ne ney is Under special obligations to
" considerable and respectful in MS co
10 duct AMI communications 20 Jude
io He is an officer of the court and it
'ii- therefore his duty to uphold its hon
and dignity. The independence of t
w. profession carries with it the rig
70 freely to challenge. criticiSe and &C
~, denim ali matters and things under
-. view and in evidence. But with Il
~ privilege goes the corresponding OF
ou CATION of constant courtesy and r.
Us pect toward the tribunal in which f
49,. proceedings are pending. And t
80 fact that the tribunal is an inferi
-, one and its rulings not final and wi
No ont appeal does not diminish in
"a slightest degree this obligation
nt+ courtesy and respect. A justice
80 the peace before whom the most t
~ ling matter is being litigated is
ND titled to receive from every attorl
40 in the case corteous and respect
No, treatment A failure to extend t
.iof courtesy and respectful treatment
If a failure of duty; and it may be
.do gross a dereliction as to warrant
tho exercise Of the power to punish