The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-10-03

together copies Of ali the papers in the
ease and forwarded them. with afhdavtts
stating the facts. TO the circuit court Of
appeals.
THAT court. on August -. made the
order which Receiver Mckenzie and
Judge Noyes are now accused Of vioiat-
cease all proceedings In the case and d.
recting the receiver 20 turn back to the
defendant all property he had received
under and by virtue OF Judge Noyes
Advised by His Attorneys.
This order was received IN Nome Sep
TENDER II. and was as soon as practicable
served on the court and the receiver. II
is our contention That they should have
al once oaeyed the mandate and turned
the property back to US, but this was not
done. After putting US off for several
days Receiver Mckenzie finally told us
that he had been advised by his attorneys
to give up nothing. and TO merely stop
work on the claims.
I'VE we're naturally anxious to get pos
session OF the gold which had been taken
from our claims, and to find out Just what
had been done BY the receiver OF this.
II must be understood we were ignorant.
The receiver had never filed any report
and our only information was obtained
from miners who had watched the clean
nrs and estimated the amounts of gold
taken out
Receiver Mckenzie Informed us that
according 90 his Interpretation the order
DID not require him 20 turn over the gold.
even II II did contemplate the delivering
up OF the claims The gold he said he
dered 10 give IL up in order that he might
avoid all risk % pretudicing the rights
OF The plaintiffs.
This was the condition Of arairs when
| left Nome 20 bring 20 Seattle the am
davits We had prepared showing the re-
fusal OF the receiver TO obey the order
OF the higher court. Upon arriving here
at once teieKraphed 20 San Francisco
a synopsis Of tina affdavits 20 be present.
ed to the court by our colleagues In that
city.
way south. rcclte fully all the events
trknspirinx after the arrival Of the courts
order at Nome ON september a. Whats
IL TO be done after Receiver McKenzie's
Personally | am free to say that In my
belief no good was done the Nome dis
trict BY the receiverships. Whether with
valuable properties there almost 20 a man
refused 10 open and work them, fearing
that they would fan into the hands %
Receiver Mckenzie or some Of the friends
whom the court had appointed receivers
In other cases
III was Judge Soyes, claim that he act
ed for the public good In continuing the
operation Of the claims In litigation. For
my own part, | fail to see the Justice Of
this claim. Certainly the rights OF the
should have been considered before The
good Of the general public"
Defends Judge Nsy~..
Among the recent arrivals from Nome
IN Leigh ID. Bruckarf, n young newspaper
man who spent several months Ia the
gold fields as correspondent for Eastern
newspapers. Mr. Hruckart takes the po-
sition that great deal OF the criticism
that has been made against Judge Neyas
and Receiver Mckenzie Ia unjust
There are two sides 10 this contrOver-
sy," said he In Interview yesterday.
II am personally acquainted with Judge
Noyes, and know that he was for DAYS az.
ter hts arrival In the camp hesst by rep-
resentatises OF the large mining companies
who were eager TO purchase his friend
ship To my personal knowledge. one Of
fer of $4,000 for his decision was made
him through an official % his court The
matter h stlll under investigation by the
district attorney al Nome.
Nothing that has been said BY the
representatives of these mining conpa-
MES can shake my confidence In Judge
Noyes integrity I am certain that Ne
would never stoop 20 sell Justice Tor any
consideration.
II am also personally acquainted with
Receiver Mckenzie. and can truthfullv say
that believe I culoy his confidence 20 =
gteater extent than any Newspaper man
who visited Nome this year. believe he
IL thoroughly honest. ] know that the
stories thai have been circulated to tha
effect that the claims he worked fatlef
20 produce 40 20 the mark made under
their original iocators are untrue
1T q a fact that can be proven thai
the claims MIR Mokensle worked az re-
ceiNer were operated more economically
and yielded more saii th&n they ever sld
before.
Hie was appointed receiver OF the whsis
Nome district are also untrue As mat.
ter ~ fact, De worked bat tWo claims PER
sonally-"