Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-19
THE WEEKLY TRIBUNE.
A NEW JUDGE FOR NOME

A NEW JUDGE FOR NOME.
In another column there appears
some matter with reference to the
contempt cases brought against Judge
Moves and others, which may n
tighten some persons as to the meth
DDS by which much of the testimony
against Judge Noyes vas obtained. 1t
will be interesting reading for the
people OF the country, who may desire
to know some of the inside facts with
reference to the Maze situation. An
editorial article from the San Fran
cisco Chronicle is also of interest in
this connection. The Chronicle says:
In a. review of the Nome contempt
cases Attorney General Knox recon-
mends that Judge Arthur H. Noyes of
the Alaska district court SHOULD
forthwith be removed from Office"
The recommendation will probably be
carried out by the president. AS to
the justice or injustice of this pro-
sceeding the Chronicle has nothing
to say. But n thing is certain: The
charges, arrests, trials and convictions
for contempt of the orders of the
United States circuit court switched
the public mind effectively from the
main question and concentrated it
upon a legal technicality which had no
bearing upon the real issue in which
the public and the government are
concerned. The question of the legal
Ity of the mining locations, over
which the contention which drifted
into court contempt originated, has
been entirely lost sight of in the
shuttle over the technical issue of ju-
Iicial ethics. The fact remains un-
altered by these contempt proceedings
that there were two claimants to the
mineral land, over the possession of
which the dispute began. One of these
claimants held a title obtained
through a location made by a United
States citizen in conformity with tie
federal mining laws. The other Sc
cured and held possession under a 10
cation made by an alien and non-resi-
dent aliens, who had not lawfully de-
clared their intentions to become citi-
e of the United States. AS the
mineral land laws give a mining 10
Gator possession only, the fee in it re-
manning in the government, the con-
tempt proceedings aided the holders
oof the alien possessory title to secure
possession of the land. AS the gov
sernment is the only party capable OF
lawfully attacking that title and has
taken no action in the premises, those
in possession of the property in dis
pute have since been permitted to
work it undisturbed. Meantime, mil.
lions of dollars worth of gold have
been extracted from the ground. Il
the government continues to follow
the policy of inaction, all Of the gol(
- I1S SAOulAu WILL LII J1l1S
be taken out and the land, the1
worthless, will be restored to the pub
lie domain.
OF course, if congress had take1
timely action in the matter this woult
have been prevented. Or, if the gov
eminent had stepped in to force tn,
claimants to the possessory title Il
the land in dispute to prove up, tn,
real merits OF the contention woul.
have been reached and justice done
The matter is now before the Unite'
States senate, and that body shoul,
sift it to the bottom. II is the onl.
means left, APPARENTLY, to get at tn
true history of these Nome minera
land locations, to fix the frauds com
mitted, if any, where they properl
belong and to lay the foundation TO
their lawful correction.
&A&gElSE