Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-03
THE Y D

THE MOVES FINDING
Many of the friends of Judge Noyes
in the northwest will be disappointed
at the finding of Attorney General
Knox. which made necessary the ac-
ton of President Roosevelt in remov-
ing Noyes from the federal bench. A
review of the matters brought before
the attorney general, on which he
based his finding of incompetency was
recently published, and sets forth the
legal matters and things, omission of
which convinced the attorney general
that Judge Noyes was incompetent to
fill the position of United States dis
trict judge in Alaska. While the de-
cree of the attorney general is accepted
as the final result of the contr. versy
regarding Judge Noyes, there are many
who believe that Attorney General
Knox. as a lawyer, based his decision
entirely upon the matters of law as set
forth in the case, and not upon the
conditions that existed at Nome when
Judge Moves went there. In the first
place, judges preceding Judge Noyes
had had trouble, and mines and prep
critics were being Irrigated pro and con.
One Judge had resigned and taken a
position a attorney for n of the big
mining companies. There was a con-
troversy between two elements of the
mining population as to the possession
of the claims. 1t was a new country.
a strange country, and Judge Noyes
was a new man, knowing none Of the
principals, and knowing only that he
was called upon to act in a judicial
capacity, between two sets of %litigants,
in an atmosphere where there was
much strife and bitterness. When
cases were brought into court to deter
mine the rightful possession of the
mining properties. to have granted an
Injunction against those who were
working the mines would have made
a large property idle and unprod1ctive
and would have thrown hundreds of
miners out of work. Judge Noyes
therefore appointed receivers in whom
he had confidence. to carry on the work
while the matter of ownership was
being settled.
1t has been shown that Judge Noyes
refused the brides so cunningly and 81
frequently offered by the Lane syn
dictate. The whole attitude of this
concern was a discreditable one, as it
has been shown that the Lane people
wanted only the assurance that the
judge would be with them" Fail
ing in this, they left no means untried
to harass and worry the Judge. 1t
was a remarkable condition that con-
fronted Noyes, and few men here are
under such circumstances, who. meas
ured by the strict test Of law as Sud-
led and practiced in old, established,
quiet and law abiding communities.
would not have failed to meet the re-
quirements of a rigid standacd.
The charge of dishonesty against.
Judge Noyes was not pressed for the
reason that it was not and could rot
have been proven. But for the pur-
poses Of the Lane syndicate, tn: change
of incompetency and the findings of
the attorney general are sufficient. The
case parallels that Of Admiral SchIey
in many respects, in that credit for
good work done and honesty OF DIR
pose does not enter into the findings
and both men are found wanting in all
things because they fail to measure
UP to a standard of perfection which
few men reach.
Recent advices from San Francisco
state that Judge Noyes has suffered
another relapse and is in a critical
condition. No Doubt he long trial
to which the judge has been subjected,
the result of the findings ofthe attor-
ney general and his dismissal from the
bench have combined to break down
his health, and there will be sympathy
among many for the judge, in the num-
erous troubles that have come upon
him.
#4E &s HIE5% Ia rs
An effort is being made to have it
appear that irrigation will not help
North Dakota. This is a very narrow
view to take. Whatever helms the