Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-19

Kenzie contempt matter that he should
read the Grand Forks Herald account of
it copied in yesterdays Forum. It is
we'll known that Mr.. Winship and Nc
Kenzie have never been political allies,
but Mr.. Winship is too honorable to
take advantage of such a situation to
cast odium upon a political rival.
After explaining that the trouble
grew out of a conflict of jurisdiction
between the United States court
and the United States court of appeals
In San Francisco, which resulted in the
San Francisco court sentencing Nc
kenzie to jail for disobeying it's orders,
the Herald adds: This of itself in
wolves no disgrace and does not neces-
sarily reflect on the personal integrity
of the defendpnt." This is honorable,
manly and truthful. The fact that the
San Francisco court punished Mckenzie
for disobeying it's orders rather than
the orders of the Alaska court, which
appointed him, involves no moral turDi-
tude whatever. The offense consists in
disobeying the order of the San Iran
cisco court. He appears to have been
wrongly advised as to which court had
jurisdiction of him.
So far as we have been advised through
the press about this matter it appears
that the whole business has been salts
factorily settled between the parties in
interest. 1t would therefore seem pure
vindictiveness for the San Francisco
court to impose a heavy penalty. The
fact, as reported, that the judge re-
ferred to the merits of the case in i'm
posing the punishment shows that he
was unfit to hear the case. The only
question he had to deal with then was:
Had the defendant been guilty of con-
tempt of court by disobeying it's orders?
This contempt, except possibly where it
is committed in the presence of the
court, and the authority to punish is
necessarily to preserve order, is q relic of
tyranny, and is contrary to the spirit of
our constitution. The defendant must
submit to be tried by a prejudiced Judge.
He cannot take a change of venue and
he has no appeal. Judges are in this
respect endowed with large discretionary
powers, because they are presumed to
exercise such discretion fairly and i'm
partially. The contrary is often the
case. A scheming crooked lawyer does
not change his nature very much when
made a judge.
Now, I knew Judge Noyes many years
ago when he lived in Dakota, and have
kept track of him somewhat since, He
always stood high in his profession and
bore a good reputation. [ do not be-
lieve he suddenly became corrupt after
becoming a Judge. San Francisco has
always been a pest hole of crooked min
ing schemes. stock jobbing and big cor
%porations. l do not believe any attor-
ney there could get appointed to the
federal bench except through the in
tiuence of the corporations, unless by
the merest chance. In any event | have
more confidence in the integrity of the
man | know and believe to be honest
than the others of whom I know
nothing.
AS for Alex. Mckenzie, his honesty
and integrity stands unquestioned here.
North Dakota who can %truthfully say
1t is contemplate to sling mud at him
it were something disgraceful. Many a
good man got into jail for standing up
for principle and what he believed
was right. Mr.. Phelan does lot want
his children to think SC. Well then
the next time he reads Bunyan's Pill
grim's Progress to them. which no
doubt he often does these long winter
evening, he should explain that it was
written while the author wa incarcer-
ated in Jail, and that no odium attaches
to his memory on that account. The
odium is on those who put him there.
So it will be, l predict, with A lex Nc
Kenzie, when all the facts are known.