Evening star., 1902-02-24
CASE OF JUDGE MOVES
Attorney General Recon-
mends His Removal.
CONDUCT IRREGULAR
LENGTHY REVIEW OF CASE SUBJ
MITTED TO THE PRESIDENT.
Incompetency and Weakness Charged
Close of Very Impor-
tant Case.

In an opinion submitted to the Presidents
| today Mr.. Knox, Attorney General OF tho
| United States recommends the summary
| removal of Arthur n. Noyes. judge of tho
second division OF the United States dis
| trict court for Alaska.
The Attorney General reviews the case at
length. On March l., 1901, a memorandum
Of facts and charges against Judge Noyes
were filed in the Department OF Justice by
j. HI. Ralston, attorney for Charles d.
Lane and the Wild Goose Mining Company
of Nome. Alaska. 1t was alleged In these
charges that Judge Noyes, after his APP
pointment, was accompanied on his jour-
ney to Alaska by Alexander Mckenzie,
| whom he had known for twenty years that
on the steamer to Nome these two were
Joined by one Chips. who had met them in
Washington; that Chpps had been told
| NoyeS was candidate for a judgeship and
was regarded by Mckenzie as a good man:
that Chpps had made a deed for claim he
had jumped, and had received in exchange
sum of money and promise Of $s'1.o0
in stock of company Mckenzie had or
ganiZed
1t is further alleged that the party
reached Nome on July u. and on July y
there We're presented to Judge Noyes half
dozen applications for receivers for the
| richest mines In that neighborhood.
Receivership Not Justified.
in the bills of complaint justifying the ap-
pointment of receivers for placer mining
claims, and that the paragraphs asking
| their appointment were interpretations and
| in no way related to the substance of the
bill; that injunctions We're granted in viola
tion of law; that the receiver was appointed
| without notice; that there was no emersen-
cy which would excuse the appointment or
| a receiver under the circumstances. and no
difficulty in the way of serving process or
| notice; that Mckenzie, at the very time OF
the applications, without excuse or justin
cation, was appointed receiver of six of the
| richest mining claims in Alaska, WORTH
hundreds of thousands of dollars; that Nc
| KenZie was wholly without mining
| experience; that the receiver on the same
| day went into possession of these claims
| under process served upon the parties In
! possession.
1t is further alleged that Judge Noyes was
guilty of usurpation in issuing, without any
process therefor or without petition or afil-
| davts justifying the same an order direct
| Ing the receiver to take possession or
| tents, buildings, safes, scales and all per-
| sonal property, fixed and movable, gold,
| gold dust and precious metals, money and
| books of all kinds, and each and all per-
Sonal property upon such claims connected
herewith. or in any way appertainlng
thereto in possession of or under control Ok
the defendantS;' that by virtue OF this orr
der thousan of dollars worth of property
belonging to parties upon the claims, in
| Guiding gold dust from other claims, was
even taken from them. Motions to set aside
these orders were all denied. An appeal from
| the order appointing receiver was denied
| and Judge Noyes refused to settle any
| bill Of exceptions, or allow supersedeaS
bond to be given
Judge Noyes Refused.
On August 81, 19,,. application was
made to Judge Morrow of the circuit court
! of appeals at San Francisco. and an APP
peal and supersedeas were granted. 1t Is
| alleged that upon the service of these
wrts upon Judge Noyes at Nome. applca-
ton was made to him to direct the re-
! cever to return to the defendants the props
! erty taken by him from the mines which
was deposited in bank, which he refused,
and simply passed AK order staying pros
ceedings.
| 1t is further alleged that about this timo
| a suit of ejectment was brought by Jumps
erS to obtain possession or the Iopkak
mine one of the richest mines In Alaska,
| and suit in equity filed for the appoint
ment of receiver; that upon the return OF
| a rule to show cause. issued in this ease,
Notwithstanding strong affldaVitS by de-
PENDANTS, a receiver was appointed and q
| friend of McKenzie's designated; that this
appointment made at the instance of
| Mckenzie to enable him to sell $29,ooO
worth of machinery not available to him
| for the purpose for which he purchased 1t.
1t is also alleged that Judge Noyes inn
| properly suggested to the owners OF the
mine that they employ one Wheeler, who
| was then his private secretary, but about
| to go into practice, to represent their IN"
| tereSt
Convicted Of Contempt.
A letter, dated March q, 1901. was sent
| to Judge Moves, in which were inclosed
copies of these charges and Of testimony
| taken In a matter connected Herewith in
the circuit court of appeals for the ninth
| circuit, and he was required to answer the
| charges and specifications. Judge Moves
| answer was not received at the DEPART
MT
| citation had issued from the circuit court
of appeals to Judge Noyes on May .. 1901,
ordering him to appear before the SAID
court on October Il, 1901. and show cause
| why he should not be committed for con-
tempt in that he had acted contrary TO and
in violation of writs of supersedeas ana
other orders of the court, in relation to the
acts which were made the basis OF the
above mentioned charge
| Judge detailed to go to Nome in
order that the business of the courts might
proceed. Although the matter was under
examination in the department. a final de-
termination was delayed. pending the ac-
ton of the court. The opinion and decision
| of the court convicting Judge Noyes of
/ contempt delivered January q. fo2,
and received a the department January 20,
| 1902.
At the instance and request of the at
torneys for Judge Noyes. a hearing before
the Attorney General was allowed for the
9Th of February. and the attorney who
| had presented the charges notified. The
hearing was continued until the sth of
! the subject matter might have oppor-
tunity to appear if they desired. On this
latter day full and unrestricted presenta-
| ton of the matter had. both Judge
Moves and those opposing him being repre-
| Sented.
Attorney Generals Findings.
After carefully reviewing the testimony
! adduced at the hearing, together with all
| the papers filed in the case, the Attorney
General says:
'.It remains that the actual consequences
| of these proceedings in the Alaska district
court were to bring that court into disre-
| spect and to impair public confidence IN its
| wise and impartial admin stration OF just
| ice In view OF the foregoing, and after
! the most careful consideration, have con-
/ cluded:
First. That the appointment of a re-
| ceiyer in the cases referred TO. without
notice to the defendants. and the refusal
upon hearing to discharge the receiver,
| and the consequent dispossession of the de-
| PENDANTS of their property. were not justi-
| fled under the facts, the pleadngs and the
| principles of equity.