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Story McKenzie
Noyes Regime
Is Re-Published
(Continued From Yesterday)
Sixth Installment
Another messenger was on the
high seas speeding to Fris
co. Another order of the Circuit
Court was needed to secure just
ice in these cases. As the close
of navigation at Nome is never
later th n November 1, and more
often f om October 15 to Octo
ber 20, it became necessary to
exerc.se haste. The second writ
from t. e Circuit Court ai rived
in due t:me. It was an order
for the arrest of McKenzie for
contempt. The Circuit Court
sent officers to serve the war
rant and mal:e the arrest. When
they arrived Mr. McKenzie was
in the dining room of the Gold
en Gate Hotel. Mr. Metson sug
gested that in order to prevent
a scene, he should go into the din
ing room and quietly inform Mc
Kenzie of the presence of the
officers with the warrant for his
! arrest. McKenzie received the in
formation quietly and was plac
ed in custody. The gold dust
that he had taken from the pro
perties was still in his possession
and a demand was made upon
him for it He said that he did
i n’t have the key to the safe de
posit vault where it was stored,
and that the key was in the poss
ossion of District Attorney Wood.
The key was not produced, and
'the defendants and their attor
neys accompanied by the officers
and manager of the bank, broke
the lock of the deposit vault and
obtained the dust. The total val
ue of t ie gold dust extracted by
McKenzie during his regime as
receiver amounted to nearly
$600,000.
End of First Round In
Notorious Legal Fight
This was the end of the first
round of the most notable and
notorious legal fight in Alaska.
The second round was fought be
i fore the Circuit Court of Appeals
in San Francisco. When McKen
zie was brought before the court
and cited to show cause why he
should not be punished for con
tempt for refusing to obey the or
der of the court, he failed to
purge himself of contempt, was
adjudged guilty and sentenced
to one year’s imprisonment in
Alameda County Jail.
Judge Noyes subsequently re
ceived a notice to appear before
the Circuit Court of Appeals. A
Commission was appointed by
the Court to hear testimony. This
Commission exercised a great deal
of latitude in the testimony ad
mitted, and listened to anything
that would throw light on the
case. It inquired into the possible
motive that the District Court
could have in refusing to obey
the order of the higher court. It
heard evidence of the general
condition of affairs at Nome,
made inquiry into the method by
which Judge Noyes received his
apointment, and obtained all the
facts of McKenzie’s relations with
Judge Noyes and his influence
aver him. The report of this
testimony is voluminous, the re
cord of the proceedings making
more than 2,000 printed pages.
This report is briefly and ably
summoned up in an opinion ren
dered by Judge Gilbert in pass
ing sen'ence on Noyes, as follows
. Opinion Is Rendered .
“Much of it tends strong y to
show the existence of a crimin-:
al conspiracy between some of
the respondents, McKenzie and
others, to use the court and its
processes for their private gain,
and to unlawfully deprive the
owners of the mines who were
in possession thereof, of their
property, under the forms of
law.”
Review Testimony
The review of the testimony
concludes by saying: "The record
and the evidence of the pro
ceedings show from first to last
upon the part of Judge Noyes, an
apparent disregard of the legal
rights of the defendants in the
cases in which McKenzie was
appointed receiver. The proceed
ings upon which the receiver
was appointed were extraordinary
in the extreme. Immediately af
ter his arrival at Nome in com
1
any with the man who it seems
had gone to Nome for the express
purpose of entering into the re
ceivership business, and who
boasted to others that he had
secured the appointment of the
judge and that he controlled the
court and its officers, upon pap
ers which had not as yet been
! filed, before the issuance of sum
rnons, and before the execution
of receiver’s bonds, without no
tice to the defendants, without
affording them an opportijnity
to be heard, Judge Noyes wrest
ed from their mining claims of
which they were in full posses
sion, the sole value of which con
sisted of the gold dust which
tey contained, and which lay
safely stored in the ground, and
placed the claims in the hands
of a receiver with instructions
to mine and operate the same,
and this without any showing
of an equitable nature to indi
cate the necessity or propriety
of the receivership, or the nec
essity for the operation of the
mines by a receiver, in order to
protect the property or to pre
vent injury or waste.
"When the defendants under
took to appeal from the orders,
their right of appeal was denied
them. The received so appoint
ed was permitted to on and mine
these claims on an extensive
scale and extract from them their
value.
(Continued Tomorrow)
HOW TO STAKE CLAIMS.
How Mining Claims can be
Staked in Alaska, length, Bread
th, how many, and the Associa
tion Claim, described in detail, in
pamphlet form, for sale at The
Nugget Office, for 10 cents.
MINERS & MERCHANTS BANK of ALASKA
NOME. ALASKA.
ESTABLISHED IN 1904
GENERAL BANKING BUSINESS CONDUCTED
n
Checking Accounts Carried For Those Who
Prefer Paying By Check.
Interest Paid On Time Deposits
Gold Dust Purchased
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