Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-30
\ WHAT * q. THE u RECORDS Il SHOW. +

WHAT THE REC CoRDs SHOW. 5Es
@ Under date of April Goth, Major Ed
wards, who has been mousing around
the attorney generals Office, writes as.
follows rs n. =s5 T.. ;ss:s.s.
Among the papers. filed in the Nc.
kenzie case, ! find the following syn.
opsis which gives light in the matters
at issue, of interest to North Dakotans:
*si si July 238 1900, BY order Of the district
court of the southern district of Alas
ka, Hon. Arthur Noyes, Judge, A1exan-
der Mckenzie was duly, ppointed re-
.eeiyer OF four mining claims in litiga-
/ ton in four several suits pending in
B said last-mentione led court, and duly
qualified and proceeded to carry out
the order OF said court in operating
said mine and extracting the gold
therefrom S553* s. 5#!s4 q z >.y
Aug. 20, 4 900, at the request of the
defendants in said actions and for the
purpose OF allaying the distrust of the
said defendants and the further secur-
$ity OF the gold dust the proceeds Of
such operati he said Noyes, Judge,
by a furt her order in said actions or
dered and directed that the said gold
dust should be deposited IN the safety
deposit vaults Of the Alaska Banking
and Safe Deposit CO., a bank at Nome
in Alaska, and there remain until the
further order of the. court, thus placing
all dust in the hands of the said court.
ing. %, 1900, the Hon. Judge Nor
row Of the said circuit court of appeals,
allowed an appeal from the orders Of
said Alaska court appointing said ne
ceivers, and caused writs Of s,lpersed-
eas to issue from said circuit court of
appeals, which said writ directed the
said receiver to return unto the d.
PENDANTS the possession of any and all
property Of which he took possession
under and by virtue Of the orders ap-
pointing him receiver.
|s.5S In the afternoon OF Sept. II, 1900,
demand was made upon Mckenzie to
turn over the property pursuant to said
Writs. d Mckenzie stated he would sub
NIT the matter to his attorney Hon.
l5T. ]. Gearey, and abide BY his advice.
mo papers peri aiming To the appeal at
THAT time had been fiiled5 in the Alaska
court
I While awaiting the decision of his
council and on the ming Of Sept.
III;5, 1000, he; Alaska conrt t ordered the
1naarshal Of that distric to take pos
session of the gold dust, and not to
allow the said Me kenzie access IA it,
which order was iinlned diately carried
Into effeet the said marshal
The mines were turned over the
defendants, but although counsel ad-
yised afcEenzie that the writ of super
sedeas was void because IL was
ordered to be issue the Judge ii.
ssstead of the eollr l(2l because IT was
issued before an appeal was taken INC
Ipapers bein He'd ii the loWei. colirl
/ tos vest N Of jjs1ris diction at the
time. that the order a@ppo nting 4
recei vs was not apT'eaIa Iable ord ana
other reas ons sttil III vas not ii tfis
/ 1SSp,ower 81 enziie tto l,deliver the dust
hc being divested of its possession bs
the arshal
MI thus be seen that the only
4 period iii hich NJ enzie could pos
sibly haye d delivered the gold dust Nyas
4 the two or three hours IA the afternoon
of Sept viii asaa his coln,
4 sei's advice ana without objesfion bs
the parties holding tthe adverse inter.
est, ana even then in doing 40 ht
would have 3naa to aisobey and gnors
I I he ORDER of laslsa court made
i Aug 2o directing that the dust depos