Evening star., 1901-05-25

Had Been Sentenced to COnAnem men (
for Contempt of Court.


The President has pardoned Alexander
Mckenzie. now confined in the jail at Oak
land. Cal. for contempt Of the circuit court
of appeals for the ninth circuit.
Mckenzie was appointed July %. 1900.
by Judge Noyes of the district court Of
Alaska, receiver of a number of gold mines
which were in litigation in his court. I'm
der this appointment as receiver Mckenzie
took possession Of the mines ard worked
them. The defendants appealed from the
appointment as receiver to the circuit
court Of appeals through Circuit Judge
Morrow at San Francisco. and August -
Judge Morrow issued a writ of supersedeas
and order directing Mckenzie to return
to the defendants all the property which
had come into his possession. This order
reached Nome September IA and was served
upon Mckenzie. He returned to defendants
the mines and all machinery for working
them, but refused to surrender the gold
dust which had come into his possession
claiming that in this action he was follow
ing the advice of his counsel.
This amounted to over 100000. and he
had shipped between $1,000 and 5000
worth to the mint at Seattle. When these
facts were reported to the circuit court of
appeals 1t sent two deputy marshals to
Nome, who forcibIy broke open the vaults
Of the Alaska Safe Deposit Company, took
the gold dust and returned it to the de-
PENDANTS, arrested Mckenzie and took him
to San Francisco on a charge Of contempt
of court. After long trial before the
three judges of the court of appeals he was
adjudged to be guilty OF contempt of court
in disobeying the orders in two cases and
was sentenced to impris onment for six
months in each case in the Alamed1 county
jail. Mckenzie Immediately applied to the
President for pardon About the 1st OF
May the Attorney General reported at
length to the President upon his APPLICATION.
but at that time not all the facts were
before him.
1t had been represented that Mckenzie
had fully complied with the order of the
court 1t was subsequently learned through
Judge Morrow that Mckenzie continued in
contempt Of the order OF the court by re-
fusing to deliver the gold dust in the mint
at Seattle and money approximating $1,000,
the proceeds of the sale of some dust
The three judges who tried Mckenzie rec
commended May 10 to the President that on
account Of his ill-health Mckenzie be par
doned upon condition that he fully comply
with the order of the court by surrendering
the gold dust at Seattle and paying over
an additional sum of money belonging to
the defendants.
The Attorney General made the following
report to the President by wire Thursday:
Have delayed report in the Mckenzie
case to make personal investigation to
wherein he is still in default. and in order
that the effects of your act of ciemency,
should you be so disposed, might not be
defeated by contentious as to the fact of
>
orders. The court advises me two specific
things are yet to be done. 1 therefore now
report in lieu of previous one prepared by
me under mistaken information as to fact
Of compliance that in view of Mckenzie's
ill-health and the recommendation by the
court whose writs he disobeyed that his
sentence be commuted that he may be
released when the contempt is purged by
full compliance with the writs of superse-
deas issued by the United States circuit
court of appeals of the ninth circuit. If
you will telegraph me your decision I will
direct release when court advises me of
compliance"
Thursday night the following telegram
was received from Judge Morrow:
mckenzie has this day fully complied
with the order of the circuit court Of ap-
peals by turning over to the defendants the
remaining property which came into his
hands as receiver in the cases in which he
stands committed for contempt"
The Attorney General thereupon sent an
additional telegram advising the immediate
and unconditional pardon of Mckenzie
Upon receipt Of the Presidents telegram
notifying him that the pardon had been
granted, the Attorney General by wire in
structed the jailer at Oakland to immedt-
ately release the prisoner