Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-09-14
THE NOME MINES.
WHAT WILL BE THE EFFECT OF
JUDGE MORROW'S ORDER IN
THE MATTER.

JUDGE MORROW'S ORDER IN
THE MATTER.
Tacoma, Wash, Sept. 12.-When the
steamship Senator reaches Nome on
her return trip, work on the only
mines in that vicinity which have been
turning out any considerable amount
of gold will be stopped, by order Of
Judge Morrow of the United States
circuit court of appeals for the Ninth
circuit, which includes Alaska, Wash
ington, Oregon and California. The
order was secured on the hearing of
the appeal of the Pioneer Mining COM
pany from the ruling of Judge Noyes,
recently appointed district Judge for
the Nome district, who appointed Alex
Mckenzie, formerly of Dakota, receiver
of the property, with authority to
work the mines pending the litigation
over the title to the property.
Litigation over the title to the claims
originated by reason of the fact that it
was claimed by James Chipps that
Lindberg, Lindbloom and several Lap
landers who were not citizens of the
United States, made the location of the
claims, and not being citizens their
locations were void. Chips relocated
the properties and claimed title.
Meantime, Lindberg and others be-
came associated with Charles D. Lane,
the wealthy Californian, and formed
the Pioneer Mining company and other
companies, which continued to work
the mines disregarding the claims of
Chipps.
When Judge Noyes of Minneapolis,
who was recently appointed district
judge, reached Nome and established
the United States court there, suit was
at once brought by Chips and his as
sociates, claiming title to the proper
ties, which include Discovery, on Anvil
creek, and number of the richest
claims of the district. He made de-
mand for receiver, and Alexander
Mckenzie, who came from Dakota. was
appointed temporary receiver. Later,
on a motion for the discharge of the
receiver, the order was made perma-
nent and the receiver given authority
to work the mines pending the hearing
of the suit, and to turn the money over
to the keeping of the clerk of the court
to await the final determination of the
question of title.
On the order thus made, the Pioneer
Mining company demanded an appeal,
but Judge Noyes refused an appeal,
holding that it was not an appealable
ORDER and that they could only take
their appeal after the case was decided
on its merits. The Pioneer Mining
company then went to the court of ap-
peals for writ of mandate, and upon
the showing made secured the order,
which directs that the receiver shall
absolutely refrain from taking any
action whatever in the line of working
the property, or doing anything except
to keep it intact, pending the trial of
the case on it's merits.
All kinds of rumors may be heard
regarding the case, which is said is i'm
portant in that it will decide whether
Laplanders and aliens, who made fill
ings have any rights hereunder. A
number Of subsequent steps were
taken by Lindberg ct al. to perfect
their titles to the claims, after the first
filings, and these matters also come up
for adjudication by the court. It is
charged that the main fight is between
the big corporations, Chips being
backed by a big New York syndicate
in which Pierpont Morgan and others
are interested. It is said that Re-
ceiver Mckenzie is connected with the
Morgan syndicate.
The output OF the mines was about
$4,000 per day at the time the receiver