The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-08-10
JUDGE MOVES ON
THE DEFENSIVE
Explains His Actions on the
Bench in Alaska.
He REPLIES TO CHARGES
TRIED TO SAVE PROPERTY FOR
THE RIGHTFUL OWNERS.

Washington, Aug. 9.-The depart
ment of justice today made puohc TIE
answer of Judge Arthur H Noyes TO
the charges preferred against him IN
the administration of his Office as
United States district judge at Nome,
Alaska. Judge Noyes details the story
of his trip to Alaska, giving an account
of the acquaintance made upon the
journey, more particularly the &C
uuaintance of MeSsrS. Mckenzie and
Chips, who have figured in connec-
ton with the charges against the judge
and denies that he had communication
with either Of these gentlemen with re
sDeCt to the business Of his court on his
journey or at any other time.
He takes UP in detail the various
charges against him and specifically
denies each and every allegation Ihere-
OF. He describes the chaotic cOndi-
tons existing at Nome at the time OF
his arrival, wherein he states he found
in the neighbOrhOOd of 10000 people II
all classes. and the utmost confusion
and disorder prevailing. He sets out
that every lot of the ground OF the
whole town had two or more claim
ants; that possession was held IN a
great many Instances by armed force,
and that he was besieged upon every
hand Immediately upon his arrival Dy
parties seeking relief against those
whom they claimed to be wrongtuliy
and unlawfuily in possession OF their
| property, divesting it OF value ana
Shipping the proceeds out of the coun-
/ try and the Jurisdiction of the court
| He then details his efforts to organ
! fZe his court and the opportunities 70
/ which he was subjected by nJlgahls
/ and counsel, and describes taVOrs tha'
/ were attempted to be tnruSI upon mn
/ by solicitous individuals. He recounJs
! the circumstances under which ne ap-
| pointed Alexander Mckenzie receiver
| of certain mining claims, alleging tna'
/ il had not been prearranged tnaI NJ
/ Kenzie should act as receiver, out ina
McKenzie's name was suggested aloh5
/ with others to one of whom the place
/ had been rendered before it was offered
to Mckenzie. The judge reathrms th'
wisdom of that choice and cOmpl
ments McKenZie's administration Of
/ the property.
Appointment of Mckenzie.
/ Defending his appointment of re-
/ ceiver for the placer mining CLAIMS N
/ denies that he first suggested that rem
/ edy, and 5ustifies his action upon th'
! ground that there we're scattered dloHS
( the beach thousands of unemploye e
menswho had been allured to Nome d.
/ the fabulous tales of wealth which ha'
/ been given out; that these men WeI'
/ unemplOved without food or money
and desperate, and that to have close
down bv injunction the operation OF IN
placer claims would have been TO nav
added largely to the number OF unenl
ployed in the camp
He SAYS that he followed IN this re
spect the presidents established o.
former Judges of the district Of Alaska
and adds copies of a decree in a SINH
lar case. He admits that in most case
where he appointed receivers, the rep
reservations made to the court Wer
] largely untrue as to the capabilities o
the mines. This, however, was no
determined until later, and his acuo
was Dredicated upon the FAIRNESS Q
the presentation Of the cases, he says
he accounted for the comparatively eX
cessive expense Of operation by the re
ceivers. ,...
He also claims that as an additions
precaution for the protection OF IN
parties in interest, he required, IN
cases when either of the parties re
ouested it. that the gold dust realize
nv the receiver should be deposited q
the safe deposit vault not subject t
withdrawal except by order OF IN
court with notice to the parties inter
ested, and also that he further ordere
in each case when requested that q
parties having any interest or clalmln
interest in the property might at an
time go upon the property worked L
the receiver for the purpose OF obserV
ing the work and might be present q
each and every cleaning up mace
the receiver, and that he, in every wa
possibIe. tried to throw every sateguar
= about the property in the hands or n
receiver. that it might be conserved It
the benefit of the party who mgr
finally be adjudged It's owner