Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1906-06-14

McheuZle GuIleu 1Or dQVlCe, ana "
whom he refers in hts answer to
Knights question, was Thomas J.
Geary. Mr.. Geary was called as a wit
ness In the contempt edings, and
says, page Sc Of the record, that at
about half-paSt two on the afternoon
Of September 14th, Mckenzie sent for
him and told him that papers had
been sent up from San Francisco from
the Circuit Court Of appeals; that
shortly afterwards demand was made
upon Mckenzie to turn over the gold
dust ard other property he had in
his possession; that Mckenzie handed
him, Geary, the papers, and asked him
to look into them and advise him
what his rights were; that he advised
Mckenzie that the best thing to do
would be to stop work at once and
obey the order Of Justice Morrow con-
tained in the order allowing the ap-
peal, which was a stay order, and d.
rected Mckenzie to cease interfering
with the defendants and to close down
the mines, which he Immediately did,
and that he told him upon the next
day he would tell him what to do with
the money when he had time to look
into it. Subsequently, on the same
evening, be advised Mckenzie that all
the writ could effect was to stay
further proceedings, leaving the prop
erty in the condition it was then in,
predicating his advice upon what he
understood to be the law as laid down
in the Goddard case in "a o. s..
Judge Noyes had ordered the Mar
shal to deny access to the safe deposit
boxes containing the ''dust" to all per-
sons, including Mckenzie, without the
order of the court. This had been be-
cause of threatened breaches of the
peace, growing out Of the acute con-
ditions then prevailing. Mckenzie
seems to have done what an ordinarily
prudent man should have done under
the circumstances: he sought and fol-
lowed the advice of his counsel, and
refused to turn over the gold dust in
his possession. ."
This is all that was before the court,
and for this refusal he was sentenced
to q years imprisonment in jail.
For the purposes Of this report, I as
sumo it to3have been within McKen-
zie's power to have complied with all
the mandates 3. the court but that
his declination was upon the advice of
counsel. g.
Conditions at Nome.
The stories of the marvellous rich
ness of the sands of Nome had brought
to that far north country an hetero-
geneous mass Of humanity, which at
the time of McKenzie's arrival, was
congested along the beach, without
work or means Of support.
The usual fierce contests for mining
rights were being urged between
various claimants, aud many cases
we're awaiting the arrival OF Judge
Noyes, and it was but natural that
lttigants sought the protection Of the
court the instant the Judge came
within his Jurisdiction. q
The obvious practical duty of the
court in cases Of disputed title tt
claims was not to enjoin their opera
tion, but rather to keep them going
In view of the very short season and
the chaotic environing conditions.
A little more liberality in the exer
else Of jurisdiction, and q little less
formality in procedure than properly
characterize the proceedings Of courts
in settled communities seem to have
resulted. However that may be, the
fact is that Judge Noyes appointed
Mckenzie receiver of certain disputed
claims in proceedings within his jur:
isdiction.
Judge Noyes was not upon trial ir
the q. S. Circuit Court of Appeals ir
the proceedings against Alexander
NICK Kenzie for contempt in failing tt
obey the writ. Mckenzie claims thai
it.was therefore highly Improper tt
condemn him unheard and to sentence
mint his (Noyes0 , alleged irregular
titles ii judicial action, with which
NICK Kenzie had DO connec ection, SO far az
it appeared in the evidence before the
court. Judge Noyes has been called
upon to answer the charges against
him. II his conduct merits condem
nation or punish shment, he will be
brought to boo..z. II Mckenzie and
Noyes are guilty Of conspiracy ano
have perverted the powers and pro
1cesses Of the Territorial Courts, they
will be prosecuted and punished.
The naked question before you is
viii you pardon Alexander NICK Kenzie
for disrega the order Of the court,
under all the circums mstanees mention.
ed above2
IN determining this, great weight
should be given the fact that Nc.