Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-05-02

the laws enacted for the vindication |
OF public and private rights, nor the |
officers CID ged W. the duty or ad- |
ministerlng them" 1913 U. S. 313.
In re Wooley II NY. IS, It was held
t. at to incorporate into a Potion for
rehearing the statement that Your
l.Onors have rendered an unjust de-
cree" and other insulting matter, is
to commit in open court an act con-
shutting contempt on the part of the
attorney; and hat where the Ian
guage 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:
can attorney may 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 may so conduct himself as to cOntin-
ually interrupt the business of the
courts in which he practices; or he
! may by a systematic 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
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 cOntumaciOusly
! refuses in any way to atone, may JUS
! tifv the refusal of that tribunal to
/ recognize him in the future as one Of
/ its officers
In re Cooper. 80 Vt 262, the re-
spOndent was fined for ironically stat
| ing to a justice of the peace, Il think
! this magistrate wiser than the SUI
preme court" Redtfeld. C. J., said:
THE counsel must submit IN a JUS
tice court as we'll as in this court,
and with the same formal respect,
howel er difficult. it may lie either
| here or there"
I'VE do not see that the relator has
any alternative left him but the sub
mission to what he no doubt regards
! as a 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
sCundness Of their own views, or to
became convinced themselves ftheir
falacy"
In Mahoney Y, State, e N F. Isl.
an attorney was fined $50 for saying
81 want to see whnther the court is
right or rot want y know whether
I am going to be heard in tais case in
the interests of my client Or M
and making other insolent statements.
In Redman V. State % Ind, the judge
informed counsel that a question was
improper and the attorney replied:
eff we cannot examine our witnesses
he can stand aside" This language
was deemed offensive ana the court
prohibited that particular attorney
from examining the next witness.
In Brown V. Brown w Ind 1871 the
lawyer was taxed with the cost Of the
action for filing and reading a petition
for divorce which was unnecessarily
gross and indicate
, In Mccormick v. Sheridan, 20 P. "a
49, CAL "a petition for rehearing
stated that how or why the honorable
{ com mission should have so eftectually
and substantially ignored and disre-
, garded the uncontradicted testimony
> 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 OF
| the evidence corld not we'll be made
1t is substantially untrue and unwar
: ranted. The decision seems to us to
t be a traversity of the evidence" HELD
, that counsel drafting the petition was
t guilty of contempt committed in the
i face of the court. Notwithstanding {
: disavowal of disrespectful intention
A fine of 5000 was imposed with an al
tentative of serving in jail
e The Chief Justice speaking for The
: court in State v Morrill,, 16 Ark. 81
said:
A ''If it was the general habit of the
community to denounce, degrade, anc
+ disregard the decisions and Judgment
r of the courts no man of self-resDec
X and just pride of repu'a IN w2uid re
t main upon the bench. and such onl,
e would become the ministers Of tn
: law as were insensible to defamation
: and contempt But happily for thu
e good order Of society, men. an espec
tally the people of this country, ar
0 generally disnosed to respect ans
4 abide the decisions of the tribunal
S ordained by government as the con
mon arbiters of their rights. Blu
:, where isolated individuals, in viola
8 ton of the better instincts of huma
a nature. and uisregardful of law an
:. order. wontanly attempt to obstruc
II tAe course Of public justice by disre
e garding and exciting disrespect TO
! the decisions OF its trinuna.s 5. ever
e good citizen will point them out a
n proper subjects for legal anlmadvel
sion.
/ A court must naturally look first t
?. an enlightened and conservative bal
i governed by a high sense of prOfe:
/: sional ethics and deeply sensible, q
/ | they always are. of its necessity t
If ! aid in the maintenance Of public re:
|