The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-06-14

may be pertinent to this issue.
I'm SO doing we desire to state to
the court that after a thorough inyes-
tigation, we are satisfied that the court
has Jurisdiction of the subject matter
and of the persons on these appeals.
and that His Honor Judge Morrow had
jurisdiction to issue the writ of super-
sedeas in these proceedings.
1.-THE law upon this subject we have
presented in the brief which accom-
panies this statement; but in fairness
to the court, and In Justice to the res
pondent Mckenzie, we deem It orr
duty to state that the supersedeas at
this time has been fully complied with:
and that said Mckenzie, through his
counsel, ever since the question of
the Jurisdiction was argued by Mr..
Gum, had promised that should the
court determine that It had jurisdiction
that the writ would be fully complied
with and that promise has been kept.
ION the 14th OF September the writs
of supersedeas arrived at Nome and
were served upon Mckenzie; and
Judge Noyes being at that time sick
in bed, service was made upon him at
his home. Mckenzie was advised nv
his counsel that the writs were void,
and he was threatened by PLAINTIFFS
counsel that II he Obeyed the writs
they would hold him on his bond.
1T appears that on the 18th of Sen
TENDER the question of the effect of the
writ of supersedeas was argued by the
various counsel before the military
authorities and the post commander at
Nome, and Mckenzie went to Judge
Noyes, submitted the matter to him,
and after conference with the Judge,
received instructions from him, as is
hereinafter stated; and the Judge sent
for the United States marshal and post
commander and instructed them to
hold the question of the gold dust
Heretofore extracted in statu quo. and
to keep all of the gold dust in the
safe deposits vaults at Nome; and in
the meantime Mr.. Mckenzie had
closed down active operations upon
all the mining property covered by the
writ of supersedeas, and possession
was taken of that property by the de-
PENDANTS. The United States marshal
and the military authorities kept their
guard upon the vaults at Nome until
the United States marshal sent I'M by
the United States circuit court Of ap-
peals for the ninth circuit, went to
Nome and took possession of the
vaults and turned the gold dust found
therein back to the defendants, after
having first arrested Mr.. Mckenzie.
There was some surplus of gold
dust, a portion Of which had been sold,
on or about the latter part of August,
under order Of the court and some
other gold dust deposited and shipped
at said time by the North American
Transportation company on account of
Mr.. Mckenzie as receiver, and this
surplus Mr.. Mckenzie held until his
accounts were settled. As soon as they
were so settled he complied with the
order OF supersedeas by turning over
all the surplus In his hands.
Mr.. McKenzie's attorneys, Mr.. Gum
and Mr.. Kellogg, at each time they
appeared before the court, promised
the counsel for the defendants that SO
soon as the question of Jurisdiction
was determined. and Mr.. McKenzie's
account was settled, he would turn
over every dollar In his possession to
the defendants that belonged to them.
This promise has been fully complied
with:
This 1s 9 statement OF the facts,
with this addition, that the Receiver
McAenSe seems TO have been between
~ t"o lIes; ne was DelnR threatened by
IN. !, piainuns ana tnelr attorneys that
II ne aia NOT comply with the writ that
ne would pc subjected to the contempt
VI inc 0rder OF Judge Noyes; and he
s Vas peing tnreatened 0y the attorneys
Ior me deIendants that d he did not
cOMpy WIN tne order OF the Writs OF
suPeIse9eas. tnat ne would be In con.
TEMPT OF THIS court.
FMS statement we make in order
snat We may ruby lay the matter be-
fore the court. desiring to take the
advice OF the court upon the PROPOSE
tion, out not wishing to have the court
peLeve tnat we are IN any manner at
tempting 10 use quasi criminal pro-
cess OF the court IN furtherance of our
prosecution OF civil remedy, or to
force settlement OF 1t, and as we
lave staIed' we would like either to
uismlss tne case, should the court be
OF tne OPINION tnat we may, or to sub
nut u upon the testimony herein given
IN the proceeding above mentioned.
tsiened)
j. G. Campbell,
~. w. L. Metson.
Dated January 81, 1901"
There are many circumstances in
connection with this case which may
properly be considered In connection
with the application for pardon. but
going report One rcnmstan .ce 10 a1 tha
universally. prevailing sentiment
throughout the northwestern states.
where Mckenzie has been known for