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.