Omaha daily bee., 1909-11-16
Nebraska
BUM LLIS StNIkALE TO-DAY
Omaha Lawyer VIII Hear Penalty
from Supreme Bench
SAYS HE MEANT no DIsRESPECT
Tells judges He Was Tired when He
Wrote Brfef-City Attorney
Burnam Explains for
HIN.
SAYS HE MEANT no DIsREsPEC.


LINCOLN. Neb.. Nov. E-lSpecial)L
J. Dunn. assistant city attorney Of Omaha
cited for contempt q the supreme court
was before that body this Afternoon TO
make his explanations, and vas notified
TO appear al 3 O'Clock tomorrow morning.
81 which tine Justice VIII be meted cut
10 him
The court dismissed the citation for con-
tempt against City Attorney Burnam and
Assistant CITY Attorney John Rine. both
Of whom said they had nothing 70 DO with
the outlawed brief
TIE city attorney vas given fifteen days
to which 20 file new briefs in the case
which il that Of Robinson against the
city OF Omaha. and to file a new motion
for q rehearing.
A. constituted az the present time this
IL the first contempt case this court has
been called upon to try. and the proceed
inEs were very formal and di-nired
When court convened al 2 o'clock. Chief
Justice Peese announced that the citations
against Burnam and Blne had been dis
missed and that Il there was anything 70
be said by Mr.. Dunn he would be given
an opportunity a. that time 10 say T.
Dunn Explains TO Court.
M. Dunn promptly stood before the
court and announced that he had little
TO say ether than had been set forth in
his written answer. which the court stu
holds.
The Objectionable parts Of the brief. he
said, were not 70 be taken as an assault
IN the presence Of the court because the
brief had been written in Omaha while
the court was not In session; that it is the
right and privilege Of every citizen and
every newspaper 10 c~riticiss every decision
OF a court. Then Mr.. Dunn. cited two
opinions by Judge sullivan and Judge Hol-
comb. in which # was held that the pub
lie has a right 70 c~Titicise the official acts
Of any public servant
Mr.. Dunn then put on the soft pedal
ana said the brief had been prepared very
hurIiedly, probably q day being devoted
% lts dictation and il had been rushed
70 the printer and then 10 Lincoln.
i meant no ~diErespect 10 this court OF
10 any member Ct the court" he said
and had the brief been prepared under
different circumstances I probably would
have eliminated some Of the things tc
which the court I presume. took excsp-
tons"
Members Of the bar are officers Of tn,
cOurt" said Judge Barnes. and q differen-
rule applies to lawyers than applies to in.
dividuals"
Burnam Helps Dunn out.
~ Ae CoLEtAs4On OF the Dunn speech
Mr.. BurnAm claimed the attention OF tht
court:
Mr.. Dunn meant no d~isrespect to thii
court or 70 any member Of it." said Mr.
Burnam- y have known Mr.. Dunn for
number Of years and he is a good lawyei
and a good citizen and a gentleman. He Il
a vigorous lawyer and when the case wa,
decided against his client he was naturally
very much disappointed. He has been very
busy and there was little time for thi
preparation OF the brief In fact, il wa.
sent TO the printer a paEe al a time. I an
sure had Mr.. Dunn had the time to reat
II over carefully the Objectionable part
would never have been left init"
lis II the custom. Nj. Burnam" salt
Chief Justice Reese, where you practicI
law for the losing side 10 make an attacl
on the Judge who renders the oplniong'
NO. indeed. II Is not" answered Mr.
Burnam. ant / am sure Mr.. Dunn mean
no disrespect He is simply a vigorou
lawyer and his time was so limited he wa.
unable to read over the brief carefully afte
II had been dictated"
The decision viii be announced at
o'clock IN the morning" said Chief Jus
uce Reese. Court VIII take a recess
Several men and women were attracted I
the court room 10 hear the case and pal
close attention 10 the details.