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THE END OF THE CONSPIRACY—A WORD FOR ALASKA
fter having served only three months of his year's sentence, on the plea of ill health and through strong political influence, Alexander McKenzie had been pardoned by the President, and was again free to descend, if he chose, upon the mining fraternity of Cape Nome. But he showed excellent judgment in returning to his Dakota constituency. The Court of Appeals, in its opinion in the McKenzie contempt cases, had in effect declared that an outraged community had patiently endured injuries unparalleled in the history of American jurisprudence, and that the people were entitled to high praise for their abstinence from forcible resistance. Apropos of this, the then senior senator from South Dakota, in his defense in the Senate of McKenzie and Noyes, had engaged the attention of that body in a tirade against the honorable court. During the winter, people had been brooding over their grievances, and when spring came there was frequent mention of "necktie" parties and "shotgun" excursions, in a way that carried conviction of settled purposes. As a further inducement to Mr. McKenzie to seek other spheres of activity and usefulness, the Circuit Court of Appeals had made orders, and appointed an officer to serve them, requiring Judge Noyes, Mr. Wood, the district attorney, Mr. Geary, the lawyer and ex-Congressman who had advised and defended McKenzie, and one Frost, a special agent from the Department of Justice at Washington, to appear in San Francisco in October, 1901, and show cause why they, too, should not be punished for contempt of court. After all, there was something to be admired in the bold dash and forceful ability of the arch conspirator. Alexander McKenzie might have reigned supreme until the successful realization of the scheme or conspiracy had he been assisted by a more efficient and less bungling corps of lieutenants.
Judge Noyes, having given a scant day's notice to the bar, departed from Nome in August, 1901, adjourning his court until November, and leaving legal matters in a state of great confusion. The favored, however, immediately prior to his departure, had obtained his ready signature to various orders and injunctions; and shortly before the vessel weighed anchor there was a stream of small boats plying between the shore and the maritime court, whose passengers were obtaining what came to be known as "deep-sea injunctions." As a result of a number of conflicting orders which Judge Noyes had made pertaining to a certain disputed mining claim, a body of masked men some time later endeavored by force of arms to drive away the parties in possession, in consequence of which there was bloodshed and enrichment of the hospital.
Two petitions—one from the general public, the other from the lawyers—were sent to the President seeking the removal of Judge Noyes and the appointment of a suitable man in his stead. The latter petition, signed almost universally by the bar, characterizes Judge Noyes as "weak," "vacillating," "dilatory," "careless," "negligent," "partial," and "absolutely incompetent." It should carry additional weight by reason of the moderation of its language. In September, having received his instructions through Attorney-General Knox, Judge Wickersham, of the Third Judicial Division of Alaska, opened a term of court during the interregnum period; and, having entered upon his duties with ability and despatch, soon gained the confidence of the community by a number of prompt, clear-cut decisions.
The United States Circuit Court of Appeals, on the sixth day of January, 1902, filed its opinion and judgment in the contempt cases of Arthur H. Noyes, C.A.S. Frost, Thomas J. Geary, and Joseph K. Wood. The opinion of the court was delivered by Judge Gilbert, and there are concurring opinions by Judges Ross and Morrow, which, however, are stronger and more severe in their expressions than the prevailing opinion.
After reviewing the history of the proceedings which have heretofore been set forth, and commenting upon the further evidence received on the trial, Judge Noyes is adjudged guilty of contempt of court in that he not only refused to compel McKenzie to obey the writs, but, on the other hand, made orders which prevented their enforcement. In view of the fact that he holds a public office, Noyes's sentence consists of a mere fine of one thousand dollars. As to Geary, the lawyer, the court states that there is not sufficient evidence to convince it beyond a reasonable doubt that he was guilty of contempt, and the charge against him is dismissed. Wood, the district attorney, is adjudged guilty, and is sentenced to four months' imprisonment in the county jail of Alameda County, California. Frost, the special agent from the Department of Justice, who (as the evidence discloses), soon after his arrival at Nome, became an assistant district attorney, and, later, Judge Noyes's private secretary, and who spent government money in behalf of the conspirators, is likewise found guilty of contempt of court, and is sentenced to imprisonment for twelve months in the county jail.
Judge Ross in his concurring opinion says:
"I am of the opinion that the records and evidence in the cases show beyond any reasonable doubt that the circumstances under which and the purposes for which each of those persons committed the contempt alleged and so found were far graver than is indicated in the opinion of the court, and that the punishment awarded by the court is wholly inadequate to the gravity of the offenses. I think the records and evidence show very clearly that the contempts of Judge Noyes and Frost were committed in pursuance of a corrupt conspiracy with Alexander McKenzie and with others, not before the court and therefore not necessary to be named, by which the properties involved in the suits mentioned in the opinion, among other properties, were to be wrongfully taken, under the forms of law, from the possession of those engaged in mining them, and the proceeds thereof appropriated by the conspirators. For those shocking offenses it is apparent that no punishment that can be lawfully imposed in a contempt proceeding is adequate. But a reasonable imprisonment may be here imposed, and I am of the opinion that, in the case of the respondent Arthur H. Noyes, a judgment of imprisonment in a county jail for the period of eighteen months should be imposed, and in the case of Frost a like imprisonment of fifteen months.... I think Wood should be imprisoned for ten months.... In regard to the respondent Geary, I agree with the finding of the court to the effect that the contempt alleged against him is not sufficiently established."
Judge Morrow concurs in the findings contained in the opinion of Judge Gilbert, and adds: "In my judgment the evidence establishes the fact that there was a conspiracy between the respondent Noyes, McKenzie, and others to secure possession of certain valuable mining claims at Nome, Alaska, under proceedings involving the appointment of a receiver, for the purpose of working the properties and obtaining the gold deposited in the claims. To carry these proceedings to a supposed successful conclusion, Noyes, McKenzie, and others found it a necessary part of the scheme to resist the process of this court. In pursuance of this conspiracy, the contempt charged against Noyes was committed; but I agree with Judge Gilbert that this conspiracy is outside the charge of contempt, and in view of the fact that the respondent Noyes holds a judicial position, I concur in his judgment that the respondent be required to pay a fine of one thousand dollars."
A giant conspiracy indeed, far-reaching in its ramifications, which received its death-blow in the arrest and sentence of Alexander McKenzie, and which may be said to have had its proper interment in the recent adjudication of the Circuit Court of Appeals. It only remains for the President to remove from office the judge who has so flagrantly disgraced the federal bench, and to appoint a successor under whose administration of justice a marvelous mineral region will develop with rapidity and confidence.[1]
As this book goes to print, renewed efforts are being made in the United States Senate, by Messrs. Hansbrough and McCumber of North Dakota, to "vindicate" McKenzie and Noyes. The present method of vindication appears to consist mainly in attacking the intelligence and integrity of the three eminent jurists who constitute the United States Circuit Court of Appeals for the Ninth Circuit.
The credit for relieving northwestern Alaska of this judicial-receiver curse belongs to three equally essential factors: first, Charles D. Lane, president of the Wild Goose Company, who had the courage to fight the "ring" to a finish without compromise; second, Samuel Knight, of the San Francisco bar, through whose ability and aggressiveness the matter was properly and clearly brought before the appellate court; third, the Circuit Court of Appeals for the Ninth Circuit, which promptly and fearlessly redressed, so far as lay within its power, the wrongs that had been perpetrated among an outraged people. And, be the truth known, this has been accomplished in the face of great indifference and strong opposition at Washington.
Uncle Sam's record in Alaska has not been one to be proud of. A taxed, unrepresented people, who, under the greatest adversities, have shown to the world the enormous and varied resources of a supposedly barren land, have for years had to bear the additional burden of incompetent and unscrupulous officials who have been foisted upon the country. The rush to Cape Nome has attracted attention to only a comparatively insignificant portion of Alaska, and emphasized but one of the treasures in its vast, unexplored storehouse.
In the north and east, and over by the Canadian border-line, is the world-famous Klondike region. Fifteen hundred miles distant to the west, close to Siberia, are the Nome gold-fields. Southeast are found seemingly inexhaustible quartz-gold mines, the greatest salmon-fisheries in the world, and a climate and soil which will make agriculture possible and profitable. And away to the south and west are immense forests, mines of copper, and the Pribilof Islands, the home of the fur-seal. Within the boundaries of Alaska there lies a country incomprehensible in its extent and difficulties, inconceivable in the possibilities of its latent wealth. The marvelous discoveries of gold at Cape Nome, which have entailed so much hardship and scandal, bringing riches to many and disappointment to more, will at least have worked a highly beneficent result in bringing earlier to light the neglect and needs of our wonderful Alaska.
FOOTNOTES
[1] As this book is going through the press, the announcement is made from Washington, February 23, that, upon the recommendation of the Attorney-General, the President has removed Judge Noyes from office.