Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-26

his brief or argument is to assist tue
court in ascertaining the truth per-
tanning to the pertinent facts, the real
effect of decisions end the law appli-
cable in the case, az. he far oversteps
the bounds of professional conduc,
when he reports to misrepresentation
false charges or vilification.
He may lully present, discuss and
argue the evidence and the law and
freely indicate wherein he peIe. es
that decisions and rulings are wrong or
erroneous, but this he may do with
out effectuaIly making bald accusa-
tons against the motives and intell-
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
ber 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
am. :. 1T.
departure from them by a member
OF the BAR would seem to be willfIl
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. 1t is also
provided by statute. BY analogy we
note the adjudications and penalties
ord Cottingham imprisoned ed
mund Lechmere Charlton a barrister
and member of the House of Com
mons for sending a scandalous letter
10 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 privi-
legde of parliament ought not TO be
admitted" ? Milne and Craig, BIT.
When the case of People VS.. Tweed
/ in New York came mp a second time
be- re the same judge. before the trial
commenced. the prisoners counsel Dri
yately handed 10 the Judge a letter
! couched in respectful language, in
oh they stated. substantially, that
j their client feared from the circum-
stances of the former trial, that the
Judge had conceived prejudice
against him, and that his mind was
not in the unbiased condition neces-
sary to afford an impartial trial. and
respectfully requested him to cCnsid-
er whether he should not relinGuish
! the duty of presiding at the trial to
! some other judge, at the sane time
declaring that no personal dlsrespect
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 pu5licaly reprmanded the 9th
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
counsel at the time protested that
they intended no contempt Of
court and that they felt and
intended to express no disres.
pect' for the Judge but that their ac-
ton had been taken in furtherance OF
what they deemed - Wal interests
of cir client and the faithful and
conscientious discharge of the duty
The Judge accepted the disclaimer of
personal disrespect. but refused to
believe the disclaimer of intention to
commit contempt and enforced the
fines II Albany Law Journal 4OS
IS Am. R. 752.
For sending to district Judge out
Of court a letter stating that The
ruling you have made is directly con.
trary to every principal of law, and
every body nnows I, believe. and il
is our desire that no such decision
shall stand unreversed in any court
We practice in an attorney was fineu
$50 and suspended from practIce unit
the amount should be paid. In de.
livering the opinion of the Supreme
Court of Kansas in Re Prior, Is Kan
y. IS Am. TAI. Brewer j.. said:
Upon this we remark. in he frs
place that the language of this letter
is very insulting. To say to judge
that a certain ruling which he has
made is contrary to every principle o
law and that everybody .-nows it. is
certainly a most severe imputation
We remark, secondly that an attor
ney is under special obligations to b.
cOnsiderate and respectful in MS con
He is an officer of the court and it il
therefore his duty to uphold its honor
and dignity The independence of tn
profession carries with it the right
freely to challenge, criticise and con
denim all matters and things under re
view and in evidence. But with thi
privilege goes the corresponding obi
cation Of constant courtesy and res
pect toward the tribunal in which tn
, proceedings are pending. And thu
, fact that the tribunal is an inferior
one, and its rulings not final and with
out appeal does not diminish in tn
slightest degree this obligation of
+ courtesy and respect. A justice o
T the peace before whom the most tri1
: ling matter is being litigated is en-
! titled to receive from every attorne
: in the case corteous and respectful
J treatment. A failure to extend thi
courtesy and respectful treatment i
e / a fdilurn of 6utV- IT no c