The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-05-15

VI puOAc an. private rights, nor the
officers Co. sea Va the duty OF ad-
ministerlng lem" 1928 U. s. BIB.
In re We, ey 1 NY. 80, It was held
t. at to inco, p rate into a p.-. tion for
rehearlns ,le statement that Your
.-onCrs ha.e rendered an unjust de-
cree" ana other insulting matter, is
to commit in pen court an act con-
stitutil-g contempt on the part of the
alIOrney; and hat where the Ian
SuaGe spoken or written is of itself
necessarily offensive. the disavowal OF
an intention to commit a contempt
may tend to excuse but cannot justify
the act. From a paragraph in that
opinion we quote:
AN a't~-G"v nay unfit himself for
the Practice Of 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 NAV so G nduct himself as to contin-
ually interrupt the business Of the
courts in which he practices; or he
! may nv svst ernatic 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 StudiOusly and
Systematically attempts to bring the
tribunals of justice into public con-
tempt is an unfit person to hold the
I position and exercise the privileges of
an officer Of those tribunals. An open
notorious and pubic insult to the
highest judicial tribunal of the State
fOr which an attorney cOntuma ciOusiy
refuses in any way to atone, may JUS
tify the refusal of that tribunal to
recognize him in the future as one Of
it's officers"
In re Cooper. 80 Vt. 262, the re-
spondent was fined for ironically stat
ing to justice of the peace, Il think
this magistra e wiser than the Su-
preme court Redtield, c. j., said:
"The counsel must submit in a jus
tice court as well as in this court,
and with the same formal respect,
howe, er fficult. it may he either
here or there"
Eve do not see that the relator has
any alternative left him but the SUBJ
mission to what ne no doubt regards
as misapprehension 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
have failed to convince others of the
soundness of their own views, or to
became convinced themselves O ftheir
falacy"
In MahOney " State. 7E n E. ISL.
an attorney was fined $50 for saying
81 want to see whether the court is
right or rot want t. kn1W whether
I am going to be heard in this case in
the interests of my ellen. or nv
and making other insolent statements
In Redman v. State Is Ind. the judge
informed counsel that question was
improper and the attorney replied:
eff we cannot examine our witnesses
he can stand aside" This language
was deemed offensive and the court
prohibited that particular attorney
from examining the next witness.
In Brown v. Brown " Ind. 1871. the
lawyer was taxed with the cost of tbs
action for fling and reading a petition
for divorce which was unnecessarily
gross and indicate
). In Mccormick v. Sheridan. 20 P. "a
70. Cal. "a petition for rehearing
stated that how or why the honorable
commission should have so eftectually
| anu SUBSTANTIALLY lSAOICO anu uISI e
= garded the uncontradicted testimony
e We do not know 1t seems that nei
: Their the transcript nor our briefs
could have fallen under the commits
sioners observation. A more disin
genious and misleading statement o.
/ the evidence could not well be made
It is substantially untrue and unwar
ranted. The decision seems to us Il
II - - I'll
that counsel drafting the petition wa!
guilty of contempt committed in the
face Of the court. Notwithstanding
disavowal of disrespectful intention
= A fine of 5000 was imposed with an a
tentative of serving in Jail.
! The Chief Justice speaking for tn
Il court in State v. Morrill,. 16 Ark. 81
| said:'
t IF it was the general habit of tn
r community to denOunce, degrade, an
X disregard the decisions and judgment
t of the courts, no man of self-respec
e and just pride Of renu:a % w1u,d re
: main upon the bench. and such onl
+ would become ne ministers Of tn
e law as were insensible TO defamatio
t. and contempt But happily for tn
O good order of society, men. an espet
d tally the people of this country, ar
s generally diSDosad to respect an
abide the decisions of the tribunal
e ordained by government as the con
s mon arbiters of their rights BIT
a where isolated individuals, in viola
t. ton of the better instincts Of huma
IF nature. and uisregardful of law an
e order, wontanly attempt to obstrut
j. lne course of public justice by disr'
e garding and exciting disrespect fc
n the decisions o. its trih,na 5. eve!
good citizen will point them out q
\ proper subjects for legal anlmadve
e, sion.
u A court must naturally look first
/: an enlightened and conservative ba
d governed by high sense of profe
If sional ethics and deeply sensible, {
n they always are. of its necessity
B. aid in the maintenance of public re
II pect for its opinions"
IL In SOmers " TOrlsey, 5 Paige CHI