The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-27
ONLY
Attorney General Confined Himself
to That Charge,
THE FINDING AGAINST MOVES
Pressed-rext of Attorney
Generals Report.

The Journals Washington correspond
ent has forwarded the full text of At
torney General Knox's report to the presi-
dent In the case of Judge Arthur NOyes
The first part of the report is devoted to
review of the memorandum published
in h j rn a l Tuesday, fur
Their statements Of the facts and Judge
Noyes', defense of his actions on the
ground that they were such as the unset
tied conditions at Nome demanded. Con-
| corning this defense the attorney general
holds that the course taken by the judge
was not the one best fitted to the pecu-
liar conditions. AS the charge of dis
! honesty against the judge was not pressed
| the attorney general devotes his consider
| alton of the case wholly to matters tend
ing to prove incompetency. The remain.
ing portion OF the report follows in full:
Appeal Denied.
After Judge Noyes had refused to alter or
| to modify in any manner the order appointing
! a receiver. the defendants in the case of
Chips VS.. Lindeberg, and Others at once
| filed petition for appeal to the circuit court
! of appeals and prayed for the allowance there
! of. The judge made the following order on
the succeeding day:
On considering the foregoing petition for
| that the order mentioned therein, from which
| the defendants in the above-entitled action
propose to appeal. is not an appealable order.
| and the same Is hereby disallowed.
| On Aug. Is. the parties defendant in all the
| other cases mentioned herein having also
prayed for allowance of appeals. and pre-
scented bills of exceptions to be settled, the
judge ordered. In each case, that said pro-
! posed bill of exceptions is in each case and
| every part thereof disallowed as a bill of ex-
ceptiOns herein, and the settlement thereof
| or Of any proposed bill Of exceptions herein
is hereby refused that said petition for
| order allowing said appeal is hereby denied,
and said judge declines to accept or fix the
amount of any bond for costs thereof. or allow
| a supersedeas bond to be given. Ak the
| amount thereof" rs, -
| The right Of appeal, to correct errors from
an inferior to an appellate tribunal is general
and jealously guarded in our system of juris
prudence. Most frequently it goes as of
! course. But when the right is doubtful
| or debatable, It would be a rare instance
where a judge would refuse to allow it. In
| the exercise of wise discretion. he would
adopt the better and more conservative meth
cd by granting it and leaving the appellate
| tribunal the settlement of the question of
laWfulness.
Ignorance of Law. .r
The code Of Alaska provides, among other
| things, that an appeal may be taken to the
| circuit court of appeals from any inter-
locutory order granting or dissolving an in
| junction, refusing to grant dissolve an
injunction: and that the provisions Of law
| now in force regulating the procedure and
practice in cases brought by appeal or writ
| of error to the circuit court Of appeals, except
when inconsistent, shall regulate the proce-
dure and practice in brought from the
district court of Alaska. 1t is further pro-
| vided in the United States statutes that when
upon a hearing in equity in a district or cir
! cult court. an Injunction should be granted
| continued refused or dissolved by inter-
| locutory order decree, appeal might be
; taken from such interlocutorT order or de-
fcree to the circuit court Of appeals; and by
statute of June 6, 1900, such appeals were
| allowed from orders appointing receiver.
! Judge Noyes states that his attention had
never. been called to this latter statute. But
| the bills OF complaint asked for injunc-
! ton; and the comprehensive order of July
20 embraced an injunction, not only in ef-
feet, but in technical terms, although it is
spoken of by the judge as incidental to the
appointment of a receiver. 1t was the same
kind Of injunction, decided as appealable and
carrying with it the entire order in the
| Tampa, railroad case, which Is reported in
the same volume as the case upon which the
Judge relied as authority for refusing this
! appeal. AT the utmost, there is reason for
| grave doubt as to the correctness of deny
ing this appeal. The substantial rights of
the posseSsOrs Of these properties had been
practically determined. Receiverships by
strangers were obnoxious to the mining set
Element. The universal belief was that they
would not be sustained by the higher courts.
1t is reasonable that the judge should have
been impelled to promptly and unhestatingly
submit this important question to the ap-
relate court. ..-
Appeal Taken.
Upon the refusal Of the appeal, the defend
ants made APPLICATION to Judge Morrow, one
| of the Judges of the circuit court of appeals
for the ninth circuit for the allowance there
. | Of from these orders. Whereupon, on Aug.
| e. an order was issued by the circuit judge
allowing the appeal from the interlocutory
order Of Aug. II, directing bond in the sum
| of S35 900 be taken upon said appeal; and
| that, upon execution of the bond, writ OF
supersedeas issue to the judge Of the district
J court and the compliments and the receiver
, that they desist and refrain from interior
ing with the property mentioned in the order
, ! of the district court or enforcing the order
, | of Aug H. The writ of supersedeas was
, directed to Judge Noyes, the complalnants
, and the receiver, recited the injunction ant
| receiver order Of the district judge and com.
, | manded the parties named that from every
and all proceedings any execution or salo
| order OF in any wise 1nolesting the said de-
I PENDANTS on the account aforesaid, in an!
maner interfering with their possession Of
the property they entirely surcease and re
, ! frajn as being superseded that the receiver
Z forthwith return unto the defendants the
possession Of any and all property OF Whlcf
t he took possession under and by virtue O.
r the order; and commanded the judge to stay
! any and all proceedings in relation to thu