| Show cou 1 fr asal ja in the third judicial district court on Thursday his bis bla honor chief justice mckean entered the following orders territory of utah third district court 1 salt lake city september term 1872 present pres present ent james B mckean hudge judge it la Is ordered that mr haydon mr marshall and robertson Mr do inquire and report whether charles G loeber an attorney and counsellor of this court to is guilty of habitual and gross vilification of this thia court or the judge thereof let the report bo be verified signed and dated territory of utah third judicial district court salt lake city S september ep term f 1872 present pres present ent james B mckean judge I 1 it is ordered that mr M r dewolf mr hempstead and mr whitney do inquire and report whether A hugan hogan an attorney and counselor of this court whose chris chrls tian name is unknown to the court is bringing the honorable profession of the law into disrepute by the practice of drunkenness or other vices j let let lot the report be verified signed and sealed the court added 1 I will say hero to those counsellors Coun who have been appoint t ed to make these inquiries it is nota not a favor the court is aking asking at youl your hands it is a duty that the court is enjoining upon you and nod the court expects you yon not to shrink from that duty it is important to you no less than to the court that common decency should be observed in th the 0 administration of justice and in those who are called officers of the court the case ease of charles H morgan a member of the bar required to answer this morning an order of the court to show cause why he should not be disbarred dis barred for contempt of court was then called do D cooper esq appeared on behalf of mr morgan and made the following remarks to the court I 1 by the permission of your honor as one of the oldest members of the bar I 1 appear this morning as I 1 believe it to be m my v bounden duty to do in behalf of mr morgan who has been ruled by your honor to show cause why he should not be stricken from the roll of attorneys I 1 have had some experience on the bench and considerable at the bar and I 1 believe I 1 know and fully fally appreciate the obligations due from the bar to the court as well as ras from the court to the bar I 1 know that in order to make a court efficient in the performance of its functions it must have the respect of the bar and the people and hence it is the duty of every member of f the bar at all times to treat the court witz wito with h tho the utmost respect and courtesy I 1 know also that for the purpose of pro pros tooting the interests inte reeta of clients there to is a mutual obligation on the part of the court to treat the members of the bar with aest teat res peet poet and urbanity mr cooper then road the answer of mr morgan of which the following la a a copy COPT in the third judicial district coure court utah territory hon james B mckean presiding in the matter of the relation and order of james B mckean presiding judge of said court against charles it II morgan an rth attorney and counselor thereof to show cause by 10 am on the ath day of november A do D 1872 why he should not be disbarred dis barred fcc respondent answering ther thereunto bunto or to so BO much thereof as la Is specifically stated therein says that he adin admits its ita he was ems aloyed aa one of the counsel in the case of lucien bucien simons vs samuel wo richards and that said trial took up the time of four hours per day for three days dayn as aa therein stated respondent also admits that upon one occasion during said trial he interrupted said j judge adge without first asking permission but not in anger nor in a contemptuous manner that thereupon said judge mildly reprimanded respondent for huch such such interruption whereupon as soon as said judge had finished his reprimand said bald sald said respondent begged pardon of said judge for said interruption respondent res Rea further answering to the first specification in said relation says they are so general he cannot answer them specifically except as to the charge that respondent jumped to his feet and exclaimed the court has censured me ru e long enough and to that charge respondent says he did not address the remark to the said judge but to the counsel opposed and that too because said counsel were both talking and interrupting as respondent thought in an unprofessional manner and respondent so stated to said baid judge at the time respondent says he does not now decol leet of any instance wherein he persisted in getting testimony before the jury that had been ruled out or that he disregarded the admonitions of said judge and tei tek respondent further says rays that after a careful review and study of all the circumstances connected with said trial he is unable to remember a single instance wherein he ex habited any anger or insolence towards kaid said bald sald judge and be denies that he purposely purpose ly prolonged baid said trial or any trial one minute respondent further farther says bays that he was nota not aware ware that said judge felt aggrieved for anything that took place at bald baid trial or that he be id III any manner meant to censure respondent other than as herein mention ed d and that if any offense was committed by b y re respondent pendent that the same was condoned res respondent pon dent further farther answering says bays that the above answer Is ia intended as ag an answer to all such parts of the second d charge in bald said relation as the same may be applicable p but nat said respondent admits he used the words thank you tou while standing upon his feet and for excuse says said judge had bad on one if not two occasions during the progress of sald said trial in ia pronouncing judgment against said plaintiff used in substance the following language f such a proposition of law is too familiar to be mistaken by any one that it is one oneff of the first things learned by every student etc thereby conveying to the mind 0 of respondent an gintout on the point of said judge adge j to embarrass if not to bijj injure ure are said respondent in the tho minds af 0 other ither attorney sy spectators and juryman then there present that thai at the time the hald said last words were spoken to wit thank you the defendants counsel had bad handed to the witness on the stand a printed paper and witness int inn in ift answer to a question put by bv said counsel said that it was like the one handed to him yesterday that respondent in cross crosa said witness not only for the purpose of testing his memory on that subject but with the intent of weakening his testimony in other respects put the following questions first Firs tHo are the paragraphs in 16 this notice marked T answer they are marked by a cross opposite each paragraph second what number is opposite the first paragraph answer I 1 dont know k third how many lines are there in the first paragraph answer five or six bix thero there was but one and a half fourth how many lines are there thene therein in the first paragraph 0 opposite P the second cross upon the asking of this last qu stion atlon the court in an excited manner stopped respondent spon dent and said you are putting to witness mere trifling fd immaterial questions it is trifling rau ran sud and boyish to put such questions whereupon respondent believing the court intended to insult him and believing also that a member or of the bar was lawfully entitled to be treated respectfully by the judge of said court did say under the excitement of the moment thank you 11 and thereupon said judge in an angry manner and tone of voice reprimanded said respondent and then and there threatened to learn the respondent a lesson and other threats and admonitions then and there i nade made to and against said respondent pon dent which re respondent understood and recel received as condone mont ment for said of fe fenee fonce ee respondent I 1 denies that be exhibited or intended to exhibit anger auger towards said judge on an any other occasion oi or that he be intended to be insolent to said judge on any occasion either in language or bearing hearing or br that he occupied any more time in said trial than he deemed actually necessary for the interests of his said clients or that he at git any time knowingly or intentionally defied said judge or hindered the tho business of said court wherefore inasmuch as said respondent was reprimanded at the time of committing said offenses specifically mentioned in said relation he be asks that said reprimand be taken as coudon condon ement and that as a 8 to all the other charges res aes ondene p asks that thac they thoy be taken for naught inasmuch as respondent ilas lias no recollection of those other matters in said relation set forth north and therefore ther eforo could not have intended any disrespect to said baid judge said aid respondent hereby reserving to himself all legal rights fights herein but with the tho view of showing respect to said court respectfully submits this his response to said charges Oj raknes H respondent after the reading of the answer mr cooper addressed the court as follow fc ti I 1 do not know may it please your honor whet hertt herlt bo bor the pleasure of the court to hear hean anything baid bald the question is ignot not a pleasa pleasant wit dit one but it is a duty which I 1 be lieve each member of any bar owes to his fellows follows I 1 am willing to assume that duty daty or rather not to assume but to perdom it the statutes may it please tour your honor of the territory of utah prescribe the mode manner and punishment for con tempts the proceedings instituted hero against against mr morgan do not in my humble opinion come within the purview of those statutes I 1 do not wish distinctly to make that a point yet sir the history of the law which governs these things might throw some light upon it it is ia simply this at an early day in california a von ven y eminent counsel was from the bar of the fourth district he lle asked the supreme court of the state for a mandamus to reinstate him in his practice the mandamus was wa granted and ho he was reinstated reinstate do immediately upon being boing reinstated he and two others of his hie colleagues colleague a at the bar were dismissed from the bar by timm thre same judge thereupon mr field associate justice of the supreme court of the united states now who was the attorn ney dismissed and reinstated went before tb tho 0 legislature of california and asked to have judge parsons impeached for misconduct in office in thus taus habinc havin havia after the order of the supreme court CO ant art aid and I 1 tho writ of mand mandamus aunus araus again dismissed him and two of his hib colleagues was appointed for the purpose of in invest vesti rating kating the charges preferred against judge parsons and kod they made madda a voluminous and very able report A member of that committee Is now im a member of this bar they reported that there was not sufficient grounds for the impeachment but th they did recommend legislation upon the snit onit subject defining con tempts I 1 and prescribing their punishments A statute in accordance with the recommendation ve commendation of that committee was passed oy by the legislature of ca i fornia it was adopted by the legislature of nevada and was ivas again adopted by the legislature of the territory ot utah and that statute now remains on our statute books as the governing law I 1 in U case cases S of contempt of court coart that act according to all hll known rules of construction construction that are givan in the books supersedes and repeals by iu implication the act passed by the territory and legislature of utah of 1852 and stands there a sa as guide to all the courts in all cases of contempt it not opi only prescribes what the punishment may 0 be o but it prescribes the mode and form 0 of administering those punishments and among them may it please your honor is not the right of dismissing from the bar but I 1 may be permitted to say that there was a and in the answer of mr morgan here while he admits certain things charged in the rule bo be states that he was reprimanded at the time and that was a punishment for every reprimand of a court of justice to an attorney is a punishment and the act provides ldes ides tuat tuai where the offense offence Is committed the insolent language is used or or the offensive conduct or manner occurs in the immediate view or pre pro presence of the court it shall be punished summarily bum sum mardy marby that means at the time and without proceeding in form that where con tempts occur without the immediate view or presence of the court they may be punished in the manner which your honor has adopted in this thin case either by attachment or by a rule served on the party to show cause mr morgan has appeared respectfully upon the return of the order to show cause he has res ros respectfully submitted his answer he lle has bald baid in that answer that if anything occurred beyond what was oon con boned at ac the moment it is not within his recollection and therefore he coula have bad no intention to khov any disrespect to the court and 1 I for one may it pleas please your our honor although it js is true I 1 have known known the gentleman only a year and a half cannot conceive that he would inton tio nally or wilfully ray tay pay disrespect to the court because he knows as well as I 1 kno know and as well as the rest of the mem mom bers bera of this bar know what is do due 0 to the court and I 1 do not and cannot can ean not and will not believe boileve that he would commit t a breach of that duty wilfully As I 1 have before remarked to your banor honor org counsel councel may in the course orthe of the trial 0 of f a cause become excited and something may have occurred which your honor might have construed and justly to have meant disrespect I 1 do not intend to impugn eit elt either elther herthe benthe the judgment or will of your honor yet when a member of the profess ion and an honorable member and a gentleman of the age of mr morgan comes cornea forward and says that if he did do any dis die respectful act he did it without intending disrespect to the court or to impair its efficiency in the estimation of the public it should be taken as a sufficient apology he now comes and puts in his answer in good faith he comes hero horo before your honor at the time of the return and respectfully fully submits to the order may it please your honor it is a very grave thing for a member of the bar who haa has stood high in his hia profession who has practiced before courts of judicature for as many 3 ears as mr morgan has to bear behr be ar reigned before a tribunal for for that offense offence which is intended to lower the court in the respect of the people I 1 say it is a grave thing and when he comes for ward as he has done and attempts a con conn don ement and I 1 think has hag succeeded I 1 think your honor should excuse him they have held in can CaU california fornia the clerk of the supreme court is not present this morning but your honor knows that mr morgan is a member of the supreme court of the state that a district court being an inferior court had no power under such a law as bursto disbar a gentleman sent pent leman ieman who was a member of the supreme court and had his certificate to practice your honor is aware of the fact that mr morgan la Is a member of the bar of the supreme court although no certificate is presented the clerk being absent the language of our statute Is ia plain I 1 have recapitulated it substantially and I 1 say gay again that the act of 1852 found on page 37 of abo statute book of utah is repealed by the lot lct of 1870 which prescribes not only the punishment for contempt but the manner nud aud form of inflicting it I 1 ask then may it please your honor with all due |
