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

OF tne delegation to the next state
convention. Men unacquainted with
him have been lead I'd believe that he
was 9 man wholly unfit to occupy the
position OF national committeeman and
leader Of the republican party Of the
state. His enemies have put in the
hands OF nearly every voter PAM
pnlet that purports to be an accurate
representation Of the conditions of
Alaska when Mr.. Mckenzie was there,
and Of his conduct In connection
herewith. No effort has been made
on the part Of the people who have
circulated this matter to publish the
legal proceedings in connection there-,
with, and they have particularly re-
fused to publish the recommendations
OF the attorney general of the United
states when he recommended to
President Mckinley that Mr.. McKen-
zie be pardoned.
The following is a complete state
ment above the signature of the at
torney general and the readers at
tentton is particularly drawn to the
language Of the Recommendation
where reference Is made to the fact
that all Of the property involved IN
the receiyership proceedings was,
turned back to the persons who were
In possession thereof when the re-
cetver was appointed, and that Mr..
Mckenzies refusal to obey the man
date Of the California court had to do
only with small quantity Of gold
dust which the attorney general says
Judge Noyes had ordered the marshal
to deny access to, even to Mr.. McKen-
Gle himself. and says that Mckenzie.
seems to have done what an ordinar-
lily prudent man should have done
under the circumstances, employed
counsel and follow his advice.
This one page has been taken from
the life of Mr.. Mckenzie solely for the
purpose Of prejudicing voters. It has
not been done to enlighten the people
of this county, and the recommends
tons of the attorney general are Of
fered for the purpose of telling the
people the complete story Of that
transaction. The whole story as told
by the distinguished attorney general
discloses the fact that Mr.. Mckenzie
did nothing discreditable while at
Nome,
Washington. D. c.. May 1. 1901.
The President:
For the facts in this case resort
in the main to the record in the
supreme court of the United States in
the matter of the petition Of Alexander
Mckenzie for habeas corpus. From
this record 1t appears that on July,
%, 1900, Judge Noyes, of the district
court of Alaska. appointed Mckenzie
receiver of the property involved in
certain actions In his court, and direct
ed him to take possession Of and
operate certain placer mining claims
near Nome, In the District of Alaska:
that on the 18th day of the following
August an appeal from said order was
allowed by the Hon. w. w. Morrow,
judge OF the circuit court of the United
States. northern district Of California.
On the same day the court signed
citation on such appeal andrapproveds
q supersedeas bond, and on August
20, 1900, writ Of supersedeas was
issued. BY the terms of this writ
Mckenzie was commanded to refrain
from in any manner interfering with
the possession of the property SO
taken possession of by him as such
receiver, and to forthwith return unto
the defendants In said action the pos
session OF any and all property of
which he, Mckenzie took possession
under and by virtue Of said order.
The history Of the service rof this
writ upon Mckenzie, and the circum-
stances surrounding his disobedience
thereof, take from the lips of Sam
uel knight, Esq, who, upon page 81 of
the record heretofore referred to,
which file as part Of this report,
z swore that he had exclusive charge
and control of the case upon behalf
of the defendant as attorney and coun-
sci, and who was examined in the con-
tempt proceedings. his testimony be-
ing found at page 90 ct seq. OF the
record. Stated in narrative form the.
circumstances, according to Mr.. Knight
were these: He says that on the 18th.
of September, 1900. he filed the original
citation and the original writ of super
sedeas In the Office of the clerk of the
court at Nome: that on the 18th day
of September he caused to be served
on Mr.. Mckenzie, in addition to a
certified copy Of the writ of super
sedeas, a written demand for the re-
turn Of certain gold dust, the product
Of the operation of the property by
Mckenzie. as receiver. in accordance
with the writ; and designated Mr..
Theodore Allen as the officer or agent
of the defendant to whom such return
of the property should be made; and
that on the following day, the 18th Of
September. Mr.. Allen and himself
called on Mr.. Mckenzie at his ONCE
and asked him whether or not he pro-
posed to return the property under
. the writ To which Mr.. Mckenzie re-
piled that he desired to consult his
attorney. and that he would be gov.