The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-25

sonal property upon such claim connected
I therewith. or in any way appertaining thereto
in possession Of or under the control Of the
defendants. BY virtue of this order thou
sands of dollars of property clearly belonging
to the parties upon the claim, including gold
dust In many instances obtained by working
ether claims, was seized and held by the re-
ceiver, and even the very beds upon which
| the men slept were taken from them.
Notwithstanding the manifest improperly,
of the appointment Of receivers" der the
| circumstances hereinbefore set forth, motions
| to set aside the orders appointing them were
all denied When an appeal was sought from
| his arbitrary orders, Judge Moves refused ia
permit it, and so determined was he to pre-
vent these causes from getting beyond his
reach that in the order denying the appeal he
said:
/ Now, therefore, it is by the said Judge
! ordered that the said proposed bill OF ex-
4 ceptions is in each and every part thereof
4 disallowed as a bill of exceptions herein.
and the settlement thereof or OF any proposed
bill OF exceptions herein is hereby refused:
/ that said petition for an order allowing said
! appeal is hereby denied, and said Judge de-,
! clines to accept or fix the amount of any bond
! for costs thereof, or to allow supersedeas
bond to be given, or to fix the amount there
off,
! = Terms Of the Writ.
]
Judge Moves. Judge w. w Morrow, Of the
| United States court OF appeals, on Aug 81
directed an appeal to be granted and that a
writ OF supersedeas ISSUE BY the terms of
this writ Alexander Mckenzie and Judge
| Noyes, together with the respective plaintiffs,
| were commanded that from every and all
| proceedings on any execution of the aforesaid
order or in any wise molesting the said de-
| PENDANTS on the account aforesaid or in any,
| manner interfering with their possession of
said property, you entirely surcease and re-.
! frain, es being superseded. and that you,
the said Alexander Mckenzie, do forthwith
| return unto said defendants the possession OF
any and all property of which you took pos
| session under and by virtue of said order.
[ and you, the Judge of said district court
for the district of Alaska second division,
iare hereby commanded to stay any and all
proceedings which may have issued, as afore-
said, upon said order. and to stay any and
all further proceedings in relation to the said
order, and the appointment of receiver
hereunder in this pending the appeal
Hast aforesaid in this court
! This writ was served on Judge Noyes at 2
o'clock p. M, Sept A. and although he was
| Immediately thereafter asked to direct the
receiver to return the property taken by him
ito the defendants. he in all cases refused to
pass such order, and simply passed an order
| staying proceedings. Because of the default
| of Mckenzie III obeying the supersedeas he
has in two cases been sentenced to Jail for
six months. His excuse for disobedience was
that he had not been directed by Judge Moves
to comply with the supersedeas. If Mckenzie
were in default. what shall we say of the
tposition of Judge Noyes? .aa
The Topkul1 Case.
One of the richest mines In Alaska was
known as the Topkuk mine, and at the time
Of the arrival of Judge Moves was in the
/ NJ fho Of
ing company. Immediately after his arrival
suit was brought in ejectment by jumpers,
and suit in equity filed for the appointment
Of a receiver. In this case the usual course
was departed from and the rule to show cause
ISSUED. Upon the return of the rule, notwith-
standing the strongest possible aftidavits on
the part of the defense. a receiver was ap-
ipointed. and although in the case of sub
stantially every other rich mine which had
4 been thrown into litigation Mckenzie had
been appointed receiver, man named Came
ron, hailins' also from North Dakota. and a
friend of Mckenzie, was named, and man
named Mccormack employed by him as SUI
perntendent of the mine. To understand the
reason why Cameron rather than Mckenzie
was appointed, a brief DEPRESSION must be
irermtted. i've
I Mckenzie had taken with him to Nome. in
boxes bearing his name, large quantity OF
, machinery supposed to belong to the Alaska
GOld Mining company, unu tue CooI VI WHICH,
at Nome, freight included, was something
, under $4,000 He had used It unavailingly in
connection with beach mining, and finding the
machinery practically valueless, desired to
} discover a purchaser. A day or two prior to
the appointment Of, Cameron as receiver at
; lTopkuk, Mckenzie loaded it on barges bound
} for that neighborhood and directed it to be
sent there. At about the same time he held a
4 meeting in Alaska of the directors of the
Alaska Gold Mining company, at which a
, resolution was passed authorizing the sale OF
the machinery
!, One Of the directors present was McCor-
mack, afterwards manager OF the Iopkuk
mine The machinery was sold to cameron
as receiver for the sum of $29,0oo, ana al
I, though the Topkuk mine was supplied with
all the machinery needed. such machinery
was displaced and the discarded machinery
belonging to McKenZie-or. in other words,
to the Alaska Gold Mining company-was IN
t stalled in it's place. OF course, sale OF this
machinery by Mckenzie to Mckenzie. re-
r ceiver would have been too obvious. but a
} sale by Mckenzie receiver, to Cameron tCam-
eron being, as is evident by consideration
Of the record, his alter ego) was permlsslole'
land the fact that Mccormack, his manager.
was one of the directors of the Alaska colo
Mining company was, Of course, readily loss
, sight of.
: The Judges Secretary.
Judge Noyes, by an order dated June ~,
J. 1900 but entered Of record long after tna'
date appointed A. X. Wheeler as his private
secretary and such, he vas PAID TOT the
\ months OF July, August and Septennoer a.
a the rate Of $3.50 per month. and his boar'
c bills were also allowed as proper expenditure
t during the same period by Judge Noyes
h During all this time Wheeler was pracu
n toner before Judge Noyes appearing in 1
e number of cases enumerated in the extracts
: heretofore attached, and in several cases, al
| is shown by the accounts Of the clerk, re
| ceiving refund of costs. -.
On one occasion Judge Noyes suggested t
Il the persons interested in the Black Chile
: Mining company that Wheeler, his privat
: secretary, would be good man for them t
e employ, and they found his Office to be di
: rectly adjoining that Of the judge and whe1
J. they went there to consult with him he wa
: going in and out between the two offices an
1t evidently consulting with his superior officer
o This apparent consultation took place Will
2. a suggested fee was being considered, one
n eighth to three tenths of the mine being dis
j. cussed as the proper amount to he paid 70
l. getting the company out of its difficulties
,, The improperly Of the private secretary Q
1, the judge practicing before him and receiv
IT ing fees. especially contingent Ones as
r. practitioner, while being paid for his serv
= ices as government official, occupying con
81 wit a