The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-02-07
T|lLMAN HAS HIS SAY
South CaroIinian Affects to See Some.
thing Wrong With the Depart"
ment Of Justice.

CONSIDERATION n urgent d~efcleIcy ap-
preparation bill and just before adj
jOurnment passed it substantially in
the shape in which it was reported
to the senate by the committee.
During the early part of the session
the case of Judge Arthur H. Noyes
of the district court of Alaska, and
Alexander Mckenzie and others was
discussed. Mr.. McCumber of North
Dakota delivered an elaborate speech
in defense Of Judge Moves and Mr..
Mckenzie. He paid a high personal
tribute to both men, characterizing
them as men Of fine character, emf
nent ability and sterling integrity in.
capable of doing the things with which
they had been charged. Incidentally
he criticized the circuit court of ap-
peals Of San Francisco for permitting
itself to be influenced by prejudice
and bias. He became involved in a
colloquy with Mr.. Tillman, who said
he appeared in the novel attitude of
a defender of the United States judic-
larry. The South Carolina senator had
intimated that he would deliver a
speech On the Noyes case, but at the
conclusion of Mr.. McCumber's speech
he contented himself with putting in.
to the Congressional Record the de-
cision of the circuit court of appeals
Of San Francisco in the cases of con.
f0r,,,t n ~oi,c% Ny>,~o ~-l NFaLy>,-.,
McCumber in opening said he had
no desire to prolong the discussion,
but the most villainous charges had
been made against the men; charges
which he personally knew to be un-
founded and absolutely false. He de-
clared that a certain mining syndi-
cate had desired to obtain control of
the whole Nome, Alaska, country. He
believed that it would be premature
for the senate to render a verdict for
or against Judge Noyes and Alexander
Mckenzie before the courts had had
an opportunity to pass OH the merits
of the case. He ventured the opinion
that the senator from South Carolina,
lTillman) who represented a chival-
Jus people and who had reflected SO
seriously upon Judge Noyes and Alex
ander Mckenzie, who had no oppor-
tunity here to defend themselves,
would not have made the charges
against them if he had known Alex
ander Mckenzie and had been famil-
lar with the facts. He declared that
no person could put a finger upon a
single instance where Alexander Nc
Kenzie or Judge Noyes ever had
wronged any man of a dollar. He pre-
scented a high tribute to both Mr.. Nc
Kenzie and Judge Noyes and in IN
swer to an inquiry asserted that not
one scintilla Of evidence is contained
in the entire record of the case that
will support the charge Of conspiracy
against Alexander Mckenzie.
Mr.. McCumber denounced the de-
cision of the court Of appeals as 4S
pages of segregation Of testimony out
of 5000 pages of closely printed mat
ter. The conclusion of the court, he
said. were based for the most part
upon evidence the senator from South
Carolina (Mr. Tillman) would not give
the least credence to. He asserted
that Mr.. Tillman had cast serious as
pensions upon a man as honorable as
he was. a man whom the South Caro-
lima senator might meet outside the
chamber and there if he saw
fit call the vile names he
had applied to him. MI. Tillman dis
claimed any intention to reflect i'm
properly upon %anybony, his remarks,
he said, being directed at the depart
ment of justice, particularly for not
doing it's duty in promptly Investigate
ing and acting upon such a scandal as
had developed in this case. who ever
were the guilty parties. He insisted
that either the judges of the circuit
court of appeals of San Francisco
were guilty of some infamy. or the
Noyes party was. He felt it his duty,
as he had some respect for the judic-
larry of the United States, to defend
the judges who had been arraigned
so seriously and to see that their side
of the controversy should go into the
record. He said that he appeared in
the role of a defender of United States
courts when he was on record as hav
ing made many scathing remarks an6
criticisms of the federal judiciary;
but he remarked .facetiously. that hi
won'd not be doing his duty by his
clients-the three judges of the Sa;
Francisco circuit court of appeals
whom he had gotten into hot water
If he did not attempt, at least, to COO
the water q little. incidentally thu