Pioneer Fountain
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THE SEASON’S GREETINGS TO YOU
NOME’S OWN DRUG STORE
CAPPY McDOUGALL.
__ _. f _
Story McKenzie
Noyes Regime
Is Re-Published
— .
\
Continued From Wednesday.
_ i
Seventh Installment
According to the testimony
some of the mines were “gutted.” •
The appointment of the Receiv-1
er was, in the case of Chipps vs.
Lindeberg, almost immediately
followed by an order authorizing
the Receiver to take into his pos
session all the personal property
of the defendants which was to
be found upon the claim, includ
ing their stores, provisions, toots
and tents. The order so made,
was so arbitrary and so unwar
ranted in law as to baffle the
mind in its efforts to comprehend
how it could have issued from a
court of justice. That it was not
inadvertent is shown by the fact
that before making it, Judge No
yes was reminded that the suit
involved the placer mining claim
jonly, and by the further fact that
j the order was preceded by the
'threat to “tie up” the defendants
j and take away their property, &
j was followed three weeks later
I by the deliberate execution of
I several similar orders in the oth
|er four cases. The appo ntment
| of the Receiver in each case was
in direct violation of the Code of
Alaska, under which the court
was organized, 31 Stats., 251, sec
tion 753, which provides as fol
lows:
“A receiver may be appointed
in any civil action or proceeding,
iother than an action for the re
I covery of specific personal pro
perty—First, provisionally,before
judgment on the application of
either party, when his right to
the property which is the subject
of the action nr proceeding, and
which is in the possession of an
adverse party is probable, and
'the property or its rents or pro
I fits are in danger of being lost or
materially injured or impaired.”
“There is evidence of other ar
bitrary and oppressive action of
the court in McKenzie’s favor in
cases in which he was receiver
or was interested, notably, the
case of the Topkuk mine. It is
shown that two of the original
locators of that mining property
went to Judge Noyes upon his
arrival at Nome and complained
of the action of certain trespass
ers, and that he referred them to
his private secretary, Wheeler,
saying that the latter was about
to resign his office and take up
the practice of the law; that
they went to Wheeler, and that
he proposed that if they would
give him a one-half interest in
the mine, he would secure them
the full possession of their pro
perty within 24 hours; that they
refused this exorbitant demand,
and after some discussion were
about to engage his services in
consideration of a one-eighth in
terest, when negotiations were
dropped for the reason, it is sug
gested in the evidence, that Mc
Kenzie had become interested on
the other side. An action of
ejectment was then commenced
by the persons whom the locators
complained of, and one Cameron
was immediately appointed by
the court, receiver of the mining
property upon a bond of $10,000.
He proceeded to operate the
mine upon an extensive scale, re
fused to use the machinery which
the owners had placed there at
an expense of $6,000, and instead
rented machinery from McKenzie
at the rate of $50 per day and
bought supplies of him to the
amount of $7,800. The owners
attempted to protect their inter
ests. They challenged the suffic
iency of the bond and the ability
of the sureties to respond, but
without avail.
They attempted to watch the
clean ups, but their right to be
present was denied by the receiv
er. They appl'ed to the court for
relief, but the only relief they
could obtain was an order that
one of their number who was de
s gnated by name, be permitted
to be nrsent at each clean-UD sim
ultaneously with c.ne of the plain
(Continued on Page Four)
LEAD FASCISTS’ ASSAULT
Tv.. . war lords of Gen. Francisco Franco, leadt. of the
Insui n Spain, are Lieut. Col. Handsche Castejon (left),
comm anco’8 left flank and hero of San Martin, and Gen.
Jose V. commander of the Fascist armies outside Madrid,
ted Press-Paramount News Photos)
MINERS & MERCHANTS BANK of ALASKA
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ESTABLISHED IN 19*4
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Checking Accounts Carried For Those Who
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Interest Paid On Time Deposits
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j
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WIEN ALASKA
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FAIRBANKS NOME
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