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.