Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-24
IN TIE SUPREME COURT OF THE
STATE OF NEVADA
Ia the matter Of Alfred Chartz, Esq,
for Contempt
DECISION

show cause whw he should not be t
adjudged guilty of contempt for hav-
ing. as an attorney of record in the 9
matter of the application OF Peter Kair f
for a Writ of Habeas Corpus filed in r
this court petition for rehearing IL {
which he made use of the following {
statement:
I'm my opinion, the decisions favcr- :
ing the power of the State to limit the t
hours of labor, on the ground OF the
police power o. the State are al
wrong, and written by men who have
never performed manual labor, or by
politicians and for politics. They do
not know what they wrote about
Respondent appeared in response to
the citation, filed brief and made an
extended address to the Court IN
which he took the position that the
words in question were not contempt b,
ious: disavowed any intention TO Cd
nit a contempt of court; and. further
that if the Language was by the court
deemed to be objectionable. he apoh-
gized fol it vse and asked trait the
same be stricken from the pelunn.
In considering the foregoins state
rent it is proper to note that IN the
briefs filed by Respondent upon the
hearing Of the case in the nrst
stance. he used language OF similar
import which this court did not taAe
eognizance of, attributing its use 70
over zealousness upon the part OF
counsel, but which was OF such al
ture that the Attorney General III MS
replv prief referred to as insinuat-
ing that the Legislature in enactlnS
and this court in sustaining the law
some mythical political influence ,r
fear, which exists only in the pyro-
tecLpc imigination Of cunse1."
Also. the case and its condition at
the time the Objectionable Language
was used. should be taken into consid-,
Grafton. The proceeding, in which
mis- petition was filed, had been
brought to test the 'nstitutionality
Of section of an Act of the Legisla-
ture limiting labor TO eight hours per
day in smelters and other ore rednc-
ton works. except in cases of emer-
gency where life Or property is in
imminant danger. Stat 1903, p. 80.
This Act had passed the Legislature
almost unanimously and had receiv-
ed the Governors approval. At the
time of filing the petition, respond NJ
was aware that the court had pre-
vlously sustained the validity of tn :
enactment as limiting the hours Il
labor in underground mines, Re
Boyce q New. 1927, Is P. l., 65 L. R.
A. AZ, and in mills for the reduction
OF ores, Re Kair % New. 80 P. 46i,
and that similar statutes had been up
held by the Supreme Court of Titan
and the Supreme Court of the United
States in the cases of State ". Holden,
IA Utah II and S. As P. 757 and 1105,
81 L. R. A. 103 and 1903: Holden V
Hardy 1863 u S. 366, 10 Sup. Ct 1888 !;
Short " Mining Company, ~ Utah, 20
81 P. 720, As l.. R. A.. 6h3. and by the
Supreme Court of the State of Mis-
souri, re Cantwell, l79 Mo. 245, ~ s.
W. $50 It may not be out of place
here, also to note that the latter case
has since been affirmed by the S
preme Court of the United States anC
more recently the latter tribunal, al
herring to it's opinion therein and il
the Utah cases has refused to inter
fere with the decisions of this Cou
in re Kair.
It would seem therefore a natura
and proper. if not a necessary de
duction from the language in question
when taken in connection with the
law of the cases as enunciated b.
this and other courts. that counsel
finding that the opinion of the highes
court in the land was adverse instea'
of favorable to has contentious. in tina
it specifically affirmed the Utah de
cision in Holden VS.. Hardy, which
sustained the statute from which our
is copied, and that all the courts nan
ed were adverse to tie views he &C
yocated had resorted to abuse OF tn
Justices of this and other courts, an
to imputa,.ons Of their motives.
The language quoted is tantamoun
to the Charge that this tribunal an
the Supreme Courts of Utah. Nilsson
and of the United States and tne Ju
ticne thereof who participated in tn
opinions upholding statutes llmltin
the hours Of labor in mines, smelter
and other ore reduction works. Wef
misguided by Igno, ance or base pol
tical considerations.
Taking the most charitable view
if counsel became so imb.-ot and mi
guided by his own IDEAS and concn
sions that he honestly and erroneous
conceived that we were controlled {
ignorance or sinister motives 1nstea
Of by law and justice in determlnlr
constitutional or other questions, al
that these other courts and Judg
and the members Of the leglslatu
and Governor were guilty Of the acc
sation he made because they and
failed to follow the theories he
vocated and that his opinions oug
to outweigh and turn the scale agar
the decisions of the four courts ma
ed including the highest in the la
neverthele5s + was entirely Knapp
pirate 5 make the stat ement in brl
IF he really believed or knew
facts to sustain the charge he ma
he ought to have been aware that
purpose of such a document is to
tighten the court in regard to
controlling facts and the law. a
convince by argument. a-d not
ahune. nnd nilifv and that this co