Omaha daily bee., 1902-02-06
PASSES THE URGENCY BILL
sslst. Puts Thr'uIA Appropriation Meas
IRE ss Presented By COMMITTEES.
NoYTs- WKENziE CASE AGAIN IN SENATE
McCumber Assatls Circuit Court
Judees who osndeianed Noyes,
while TiIIman Returns Fire
Against North DakOtans.

alton the urgency deficiency bill, and Just
before adjournment passed II substantially
In the shape in which Il was reported TO
The senate by the committed.
, During TIE eG-ly part Of the session the
case Of Judge Arthur. H. Noyes Of the dis
trict court Of Alaska and Alexander Nc
Kenzie and others was discussed.
Mr.. McCumber OF North Dakota said ne
had 10 desire to proIcpg the discussion, but
most villalnous charges had been made
against men. charses which he personally
knew to be ~unfoundsd and absolutely false.
He declared that certain syndlcstes had
desired to obtain control Of the whole
Nome (AIaska) country. He believed that
Il would be premature for the senate TO
render q verdict for or against Judge Ar
thur H.. NoySs and Alexander Mckenzie
before the courts had had opportunity to
pass upon the merits Of the case.
Did Not Know McKensie.
He ventured the opinion tina the senator
from South Carolina (Tillman). h rep
resented q chivalrous people, would not
have made the charges against the accused
II he had known Alexander MokenEie and
been familiar with facts. He declared that
no person could put 3 finger upon = single
instance where Alex7ndei NcRenaie or
Judge -Noyes ever had wrongod any man Of
q dollar.
He paid a high tribute to both Mr.. Nc
Kensie and Judge Ncyes and, m answer 10
an inquiry, asserted that not one scihtilla
Of evidence is contained in the entire rec
ord Of. the case that VIII support the charge
Of conspiracy against Alexander MoKensie.
Mr.. McCumber then entered upon an ex-
tended statement OF the case against Nc
Kensie. going into minute details. He
maintained that the order Of the circuit
court Of appeals OF San Francisco, who set
aside the statement Of fact made to it. in
ordering McKensis to turn over property
Of which he was he receiver. , q.
was Betwesn Two Fires,
He asserted that McKensie's lawyer adj
vised him that the order OF the court was
void. Mckenzie therefore did not comply
with the writ, inasmuch az IL he did he
would be In contempt Of an order Of Judge
Noyes.. He therefore was between two
fires.
Referring to the opinion Of the circuit
court OF appeals, Mr.. McCumber asserted
that four-hfths Of it was devoted to the
discussion OF an alleged attempted con-
spiracy between Judge Noyes IND McKen-
sic, the greater portion of the infortna.
tion concerning which came from San
Francisco newspapers. s> e..
He insisted that no man could conceive
Of a more heinous Judgment than this. The
parties were not convicted Of conspiracy.
but of contempt. and in his opinion ought
not to have been punished to such an ex-
tent as were McKensie. Noyes and Dubose.
No Given Opportunity of Hearing.
The members Of the court Of appeals for
the Ninth circuit, he said. might be hon
orable men, but he was obliged 70. Judge
them by their acts. That court had con-
vieted Judge Noyes while he was 1000
miles way and had arraignsd him Ia most
remarkable language without an oppor-
tunity of a hearing.
Reverting TO the situation as Judge Noyes
found 1t in Alaska, Mr.. McCumbsr declared
that the mining syndicates had made every
effort to bribe him. $4,000 being offered to
him In one sum. Finding II impossible to
bride him the syndicate hired. Mr.. McCum-
Der asserted. a man to make a p~erjured am
davit that Judge Moves had accepted a
bribe.
These facts, he said, had been reported to
the attorney general Of the United States.
and for reporting these matters to the De-
partmsnt Of Justice Mr.. Frost. he said, had
been sentenced to prison for one year be-
cause his work had come in conflict with
the circuit court Of appeals. That, he said.
was the real reason for Frost's conviction.
He simply would not be a creature Of the
syndicate. -
The arst amendment to the urgency de-
hciency bill was one appropriating $780,
900 for the establishment at Manila Of
q military post, including the construction
OF barracks. etc; was agreed to. after Mr..
Hale explained that the appropriation was
put or the pending bill because IL was de-
sirable that the work should begin at once.
A bill providing s4bO.062 lfexican) to re-
imburse the Philippine insulaF funds for
small gunboats and ordnance stores turned
over TO the navy. by the military authorities
at Manila caused Mr. TilIman to make som
Inquiries. Mr.. Hale replied that the ssere-
tary Of the navy had made estimates for
the purchase Of the vessels and stores on
the accommodation Of a board Of ofhcers.
Mr.. Tiliman insisted. however, that the
record did not show where the vessels came
from and what had been paid for them.
1T does not appear from the record"
he said. that the money was honestly ex-
pAnded. This whole BUSINESS Is eHtifely too
siipshod and slack-twisted for m honest
government" E
Amendment Asresd TO.
It was explained BY Mr.. Hale that the YES
sells were small craft. acquired probably
from private parties and had been con-
verted into gunbOats. They were being used
for patrol duty among the islands. The
amendment was agreed to,
An amendment that no change in tn,
architectural features Of the capitol or tn,
landscape features OF the capitol grounds
should be made without the approval o
congress was adopted. The COMMITTEES
amendment striking out the house para
graph reducing the number OF land once
in Alaska 70 one. TO be located at sitks
aroused considerable discussion. Mr.. Cock
reh said that at only one Of the once
were the receipts OF any Importance. A
one, the expenses Of which were in exces
Of $4,000 annually, the receipts we're onI
SIC. He commended that the house proVisioI
ought to stand.
After a long discussion the house para
graph was stricken out and another sub
stituted limiting theznumber OF land once
and land districts In Alaska 10 one. III