Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-11

MS Drlef or argument is to assist the
court IN ascertaining the truth per
tanning to the pertinent facts, the rea
eject of decisions and the law appli
cable in the case, and he far oversteps
Il the bounds OF professional conduc,
when he reports to Il representation
false charges or vilification.
He may lully present, discuss and
argue the evidence and the law and
freely indicate wherein he beue, es
that decisions and rulings are wrong or
erroneous, but this he may do with
out effectually making bald accuse
tons against the motives and intelli-
gence of the court or being discour-
tteous or resorting to abuse which is
not argument nor convincing to rea-
sonlng 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 anv
departure from them by q 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 il
as Old as courts are old. It Is Also
provided by statute. BY analogy we /
note the adJudications and penalties !
imposed N few OF the many eases |,
-~ord Cottingham imprisoned I'D
mund Lechmere Charlton a BART
and member of the House 81 ;ter
mons for sending a scands' Com
to one of the masters Gus letter
and committee fror of the court.
an 1nVestlgauon. r. :. that body. after
opinion his "c' ported that in their
from lmprls( aim to be discharged
iesde OF Jnment by reason of priv
admit narliament ought not TO be
ed" Milne and Craig, 317.
yhen the case of People VS.. Tweed
IN New York came up a second time
!. before the same Judge. before the tria
h commenced. the prisoners counsel pri
, vately handed 10 the Judge a letter
v ccuched in respectful language. in
!. wlich they stated. substantially, tina
~ their client feared, from the circunl
;. stances of the former trial, that the
r. Judge had conceived prejudice
n against him, and that his mind wa:
not in the unbiased condition neces
q sary to afford an impartial trial, ant
,. respectfully requested him to ccnsid
a err whether he should not relinquisl
: the dutv of presiding at the trial Il
O. some other judge, at the sa ne tim
> declaring that no personal disrespec
was intended toward the Judge of tn
O court The Judge retained the lette
, and went on with the trial At, tn
~ end Of the trial e sentenced three
I of the writer's to fine of $3.50 each
~ and politically reprimanded the 9th
: ers. the junior counsel at the time e>
:, pressing the opinion that if such
= thing had been lone by them in Eng
- land, they would have been "expelle
:, =, from the bar within one hour" Th
}. counsel at the time protested tina
~ court and that they felt an
: pect for the judge but that, their az
~ tion had been taken in furtherance {
. what they deemed .--e val interest
:, conscientious discharge # Their dut,
=
n personal dfsrespect. but refused t,
~ believe the disclaimer of intention t
commit contempt and enforced tn
y. fines II Albany Law Journal 40
26 Am. r. 752.
al For sending to district Judge or
e Of court letter stating that ''Th
a. ruling YOU have made is dire"tlv 90,
y tr4ry to every principal of Law. an
~ every body Anows :, believe, and
y. is our desire that no such decislO
.. shall stand unreversed in anv cour
"a Iswe practice IN" an attorney was fine
at $50 and suspended from pracL,ce unit
= the amount shOuid be paid. In d!
~ livering the opinion Of the Suprem
10 Court Of Kansas In Re Prior. IL Kal
!, Y. 26 Am. TAT. Brewer j.. said:
u Upon this we remark. in he fir!
place that tho language of this lette
= 'is very insulting. To say to jude
that a certain ruling which he ha
y, =, made is contrary to every principle
-. law and that everybody inove #.
- certainly a most severe imputatiol
We remark, secondly, that an alto
NC ney is under special obligations to
- cOnsiderate and respectful in mis- co
duct and communications TO a iudg
-. He is an officer of the court. and it
u" therefore his duty to, uphold its hone
and dignity. The INDEPENDENCE of Il
's. profession carries with. it the rigl
% freely to challenge, criticise and CO
~ denim all matters and things under I
~, view and in evidence. PIT with tn
"a privilege goes the corresponding, OBJ
- gationh of constant courtesy and re
aaS poet toward thegtrsudnal I'm which Il
81 tppeeedings ara fielding: ! And II
- fact that the tribunal is an inferi,
~, one, and it's rulings not final and wit
20 out appeal does hot diminish in Il
n slightest degree This obligation {
a. courtesy sahd1 RESPECT. A justice
sst the peace betpre Hhom the most TT
~ ling matter Is being Irrigated is e
M titled to receive from every attorn
na in the case. corteous and respect
-. treatment ~ A. failure to extend II