Oakes Republican. (Oakes, N.D.) 1898-1906, 1901-02-15
ALEX Mex ENZIE.
Gets a Year in Jail for Al
legged Contempt Of
Court.
Case will be Appealed
and the Judgment
Modified.

In the contempt proceedings
against Receiver Alexander McKen-
zie, Of Nome City, in the United
States circuit court of appeals Tues
day, Mckenzie was sentenced to serve
one years Imprisonment on two
counts and Judge Noyes, who ap-
pointed Mckenzie to his office, was
severely censured by the court for
alleged completely in the scandal.
The decision was rendered by
Judges Ross, Gilbert and Morrow in
the cases of John Tornanzes VS.. l. f.
Melsing ct al, ana William A. Kjal-
leman VS.. Henry Rodgers.
These are two of the cases in which
Mckenzie declined to obey the writ
supersedeas issued by Judge Morrow,
directing him as receiver to turn over
money and gold dust in his posses
sion to the owner. Much testimony
has been heard in the Nome cases,
and they have been pending before
the United States courts for months.
There was considerable evidence
introduced in an effort to prove that
a conspiracy exists between officials
at Nome to secure control of the
claims.
Mr.. Mckenzie claimed he was not
guilty Of contempt because all the
papers and orders issued by Judge
Morrow had not been filed in the dis
trict court at Nome at the time he
was accused of disobeying the wrlts,
His attorney, ex-Congressman
Geary, urged that the United States
circuit court of appeals did not Sc
cure jurisdiction until original orders
were filed.
Another important contention Of
| Mckenzie was that he acted on the
advice Of his attorney in disobeying
the writ. Mr.. Geary told him the
order was void.
In the opinion read by Judge Ross
the court holds that the filing of cta-
tion in the district court at Nome was
sutH cient to give the court Of appeals
juris diction, but in proper cases may
be considered in mitigation Of the
offense.
At this point iu the decision the
court refers to the acts Of Judge
Noyes and the manner in which af-
fairs were conducted Nome. 1t says
"The circumstances attending the
appointment of receiver in these
cases, however, and his conduct after
as we'll as before the appointment, as
shown by the record and evidence, sc
far from impressing us with the sin
> cereity of the pretension that his re.
, fusal to obey the writs issued out Of
3 this court was based upon the advice
of his counsel that they were void.
3 satisfy us that it was Intentional and
deliberate, and in furtherance of the
high handed and grossly illegal pro-
ceedings initiated almost as soon as
> Judge Noyes and Mckenzie had sci
foot on Alaskan territory at Nome
t and which may be safely and fortun-
) ately said to have 70 parallel in the
t Jurisprudence of this country.
} cit speaks we'll for the good, sober
; seose Of the people gathered on thai
remote and barren shore that they
depended solely upon the courts foI
t the correction of wrongs against
= them. And it is we'll in these day;
| of the rapid extension of our uationa
domain for all persons, whether re
f siding in remote regions or neal
A home, to rem member that courts which
q respect themselves and have adequate
! regard for the administration OF JUS
p tice and the maintenance OF law ane
q order, will never tolerate any dis
. obedience of their lawful orders
: writs of judgments, wherever com
] nissioned within their Jurisdiction.
j. "It is inheriting the nature OF judi
g cial authority" said the supreme
g court of Florida, in the case Of th'
S state VS.. johnson, supra, "tEat ever.
: court may protect itself against al
attempts to resist or thwart or over