TI1E NOME DAILY NUGGET j
GEO S MAYNARD. Editor
RUSSELL G MAYNARD. Manager
Published every evening except Sunday by The Nome
Publishing Company, Nome, Alaska.
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A WISE OLD BIRD
WASHINGTON, D. C„ Dec. 18, —Senator James
Hamilton Lewis of Illinois, whose celebrated pink
whiskers will soon be white if he dbesn’t do something
about them, is one of the wiser old birds in American
politics.
After extended travel about the country and in his
own state of Illinois, the senator gave voice to what
many other politicians have been thinking, as follows:
“There are no political parties in America. The
country is done with labels.
There are political organizations, organizations in
behalf of candidates. But the people are not influenced
by political programs and will vote according to the
principles enunciated by the candidates.
“All the talk of the country, its welfare and Con
stitution is interesting to intellectuals, but to the ordin
ary citizen the question is which of the doctrines preach
ed by the president of the United States and the gover
nors of states best serves his business and the personal
interests of his family.
“We have entered a new era. The liberal will go
in one direction with the other liberals. The conser
vative will join conservatives of his neighborhood.
“Whoever is elected president will find a new pol
itical alignment, neither Democratic nor Republican
party, but economic and commercial, industrial and
financial—everything on a business basis and not polit
ical abstracts.”
Few who paid any attention to the campaign will
dispute Jim Ham.
Already the insiders in the Administration are ask
ing one another who will be the “crown prince”.
They figured all along that if Roosevelt were re
flected, he would be in a position to name a candidate
to succeed him in 1940 whereas in case he were not
elected he would either seek the presidency four years
hence or else be in a position to exert great influence
toward a nomination.
Whether there will be three important parties in
the field in 1940 or whether the contest will be con
fined chiefly to a conservative Republican party and a
liberalized Democratic party sufficiently radical to head
aff a strong new farmer-labor party is good for an ev
ening’s argument in Washington any old time.
There are those who feel that the most important
arogressive politicians and labor leaders are too indiv
duaiistic to stand together for a new party.
There will be more and more talk about this but,
ecently the two men who have seemed to command
he most 1940 support among those arund Roosevelt
lave been Secretary of Agriculture Henry Wallace and
i Senator Robert M. LaFoliette of Wisconsin.
Of course the old-line Democratic politicians are
f or the most part thinking in other directions.
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NEWS NUGGETS
OF OTHER DAYS
“INJUNCTION AND
RECEIVER”
Regime of the First Federal
Judge of the Second Judicial
Division—Serions Litigaton ov
er Mining Property that Threat
ened the Peace of the Camp—
Receivers Appointed for the
Most Valuable Mines in the
Nome Country — Refusal of
Judge Noyes to Allow Appeal
From His Decision—Writ of
Supersedeas Granted by Ap
pellate Court—Failure of Lower
Court to Enforce the Writ, Re
sulting in Punishment for Con
tempt of Judge Noyes, Alexan
der McKenzie and Others—De
velopment of the Country Re
tarded by the Action of the
District Court, Etc.
..i .- ..
THE STORY BEGINS:
Judge Noyes Arrives
Arthur H. Noyes received the
appointment to the position of
the first federal judge of the Sec
ond Judicial Division of Alaska.
! He arrived at Nome July 19th,
1900. The citizens of this com
munity welcomed his arrival, not
because things were in a chaotic
condition, nor because there was
an absence of law and order; but
there was need of a court and the
exercise of the civil authority
with which a court is vested.
During the summer of 1899 and
the ensuing winter miners meet
ings had attempted to formulate
rules, military authority, repre
sented by a squad of soldiers
from the post at St. Mchael, had
assisted in maintaining order, a
consent government had been or
ganized and had conducted the
affairs of the town, a chamber of
commerce composed of represen
tative citizens had done its share
in providing funds for necessary
municipal work, and had exercis
ed a wholesome moral force.
Judge Johnson Held Court 1899.
In the fall of 1899 Judge C. S.
Johnson had made his long and
memorable circuit of Alaska, &
had held a term of court in Nome
but the exactions of his made this
term necessarily brief. He left a
United States Commissioner at
Nome, who was selected by the
Consent Government as the mun
icipal judge; but he did not have
jurisdiction over any title cases.
Disputes over town property and
mining claims had to await the
incoming of the new federal
judge for their adjudication.
Through the efforts of the mili
tary authority a status quo of
these disputes was maintained.
Had it not been for the soldiers,
the deputy marshal left at Nome,
and the police force of the Con
sent Government, probably there
might have been some serious
conflicts over properties in dis- j
pute. It was the prospect of a
sett.ement of these contentions
that made the arrival of Judge1
Noyes an occasion of moment.
Seldom did a court have so
much work to do, or a better op-1
portunity to make a record that
would win for it the respect and
esteem of the community. There
is an old saying about ‘‘the fat
jumping from the frying pan into
the fire," and this describes the!
condition of affairs prior to and j
subsequent to the arrival of Judge i
Noyes. Instead of an adjustment
of the conditions which threaten
ed the peace of the camp, addi
tional snarls were put in the tan
gle of contention and litigation.
Judge Announces His Intention
of Going to St. Michael
Upon his arrival Judge Noyes
announced his intention of going
to St. Michael, which had been
designated as the seat of his gov
ernment, to spread his appoint
ment upon the records. He in
formed attorneys that court would
not be held until his return, and
until after the publication in a
newspaper for the statutory time
of a notice announcing the term
of court. Notwithstanding this
announcement he heard an ex
parte complaint in chambers im
mediately after his arrival and
granted a temporary injunction
and appointed a receiver on one
of the richest mining claims in
the country. This was the begin
ning of the regime of injunctions
and receivers.
Irregular Methods of Staking
Mining Claims, 1899
To begin at the beginning of
this story: In 1899 there was a
great deal of dissatisfaction over
what was called irregular meth
ods of staking mining claims. It
was averred that Swedes and
missionaries traveling by the aid
of the Government reindeer and
| staking for themselves and by
power of attorney for “their un
cles and their cousins and their
aunts,” had acquired the most val
uable property in the country. It
I was also averred that stakes had
been removed to afford people
the opportunity of re-locating
property. Threatened law suits
resulted from these contentions.
Attorneys For Contestants
of disputed Claims
Among the lawyers of Nome
were the firm of Hubbard & Bee
I man and William T. Hume. These
gentlemen were the attorneys for
the contestants of most of the
disputed claims, notably of pro
posed contests for valuable pro
perty on Anvil & Dexter creeks.
Mr. Hubbard had been a clerk in
the Attorney General’s office dur
ing President Cleveland’s admin
istration. In the fall of 1899 he
went to Washington taking with
him the testimony of the plain
tiffs in these cases. Prior to his
departure a combination had
been effected by these attorneys
so that the firm name was Hub
bard, Beeman & Hume. Their
interests being mutual they deem
ed it wise and expedient to form
this partnership, and thereby
pool the issues which were to be
submitted to the court.
Mr. Hume made a statement to
the writer, that Mr. Hubbard sub
mitted the evidence in favor of
their clients, which had been
gathered in the form of affidavits
to a prominent federal official of
the law department at Washing
ton, who informed him that the
testimony was sufficient to secure
a favorable verdict. The records
of the Federal Circuit Court in
San Francisco show that Alexan
der McKenzie, an eminent poli
tician of the Republican party,
went to Nome as the president of
the Alaska Gold Mining Com
pany, for the purpose of securing
these mining claims. The records
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also show the methods by which
he attempted to get these proper
ties. There is in these records
an intimation that others, high
in the councils of the nation,were
associated with McKenzie. There
is no evidence that the Alaska
Gold Mining Company ever exist
ed. McKenzie was president and
Hubbard secretary of this reput
ed organization.
McKenzie Brings Useless
Machinery to Nome
Machinery for mining opera
tions was brought to Nome by
the president of this so-called
company. It proved useless and
was subsequently unloaded on
one of the large mines where a
receiver was in charge of the
property. If he did not represent
the Alaska Gold Minisg Company
he was ‘‘tarred with the same,
stick.”
McKenzie and Judge Noyes
Get Together
According to Mr. Hume’s testi
mony, prior to the arrival of the
court he had carefully prepared
the complaints in the cases that
were to be submitted. When
Judge Noyes came ashore Mc
Kenzie visited Hume’s office and
asked for the complaints. They
were given to him and he took
them away, and returning after
the lapse of an hour or more, said
to Mr.Hume: “Judge Noyes says
these complaints are not proper
ly prepared.” McKenzie then
told him the kind of papers that
Judge Noyes wanted. The order
i delivered by Mr. McKenzie neces
j sitated the issuance of new com
plaints, and Mr. Hume and his
stenographers were kept busy for
thirty-six hours’ continuous work
in order to accomplish the task.
As a result of this hurried work
these complaints were crude, not
properly prepared, and some of
them were submitted to the court
unsigned. The properties in dis
pute were Nos. 1 and 2 below
(Continued on Page Three)
*
Christmas Gftv
Suggestions
AT
HAGEN
The Jeweler
Don’t look at your catalog. Don’t look at your price.
But the Emporium Bazaar has the right price, For your
Holiday Gifts
Don’t forget, not the best, but as good as the rest.
emporium" bazaar
Northern Light & Poner Co.
AND
Alaska Telephone & Telegraph Co.
Second Avenue and Lane’s Way
LIGHT. POWER AND ELECTRICAL SUPPLIES
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I
ARCTIC BEER PARLOR
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Jack Solomon, Pron.
JUST RECEIVED
OLYMPIC AND SCHLITZ BEER.
Also Bulk Wines and Liquors. We Are Closing out
Our Entire line of Mens Furnishings Rubbers
Boots and Pacs.
NOME LIQUOR STORE
(Next Door To Fire Station)