THE ANCHORAGE DAILY TIMES
AND COOK INLET PIONEER.
ANCHORAGE PUBLISHING CO.
Anchorage. Alaska.
CHAS. E. HERRON. Publisher.
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Entered in the Anchorage Postoffice June 5, 1916. as second class matter
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ANTIIORAGK. ALASKA. FRIDAY, APRIL J<>. PUT.
FACT OR FICTION, WHICH?
Dan A. Sutherland, a territorial senator from the 1'north
division of Alaska, lias caused to be issued a verbatim report
of a certain speech he delivered before the senate ot the Alas
ka legislative assembly, recently, in rply to certain statements
pubished in the Juneau Empire. The report is captioned. “Ju
dicial Railroading in Alaska," and deals, or assumes to deal,
with a .judicial situation in the Fourth division of Alaska,
growing out of the conviction of certain individuals charged
with rape and other equally heinous crimes. The tederal offi
eials whom Sutherland, by implication at least, charges with
gross perversion of justice, are Federal .Judge Bunnell. Dis
trict Attorney Both and United States Marshal Erwin, and
their aides and assistants, commonly termed “the federal ring
of the Fourth division.”
I in* I Hues iia> rereiveil u eopy <>t this >|km*cIi. aim n me
charges therein contained have foundation in fact, or oven ap
proximate the truth, there should Ik* a searching investigation
on the part of the 1'uited States department of .justice, to the
end that this aliened "federal ring” should he denuded of au
thority by .summary dismissal from high office. And if. on the
other hand, assuming that an investigation shall be made and
the charges fall flat, the man who makes them should he called
to account.
We would not can* to place a great deal of credence on the
unsupported word of Sutherland. lie is a politician and poli
ticians are given to making wild assertions. Xor are we in
fluenced by newspapers of Fairbanks, who have been, and still
are, engaged in a political tight. But where there is so much
smoke, there must be at least a little blaze, and it appears to
us that the matter is worthy of investigation.
Since the famous, or rather infamous. Noyes regime at
Nome. Alaska has been exceptionally free from taints on the
part of our.judiciary. Since ItMtO, Alaska has had some brainy
nn>n on the bench—and it has likewise had men of mediocre
ability . But until this time there has never been charges of
corruptness or wanton miscarriages of justice. In the Sulzer
Wiekerdinm election contest, there were some of us that did
not agree .with .Judge .Jennings’ decision and thought that lie
stretched a point in favor of the candidate who is a member
of his own political party. But no one accuses Jennings of
corruptness. In our own judge in this judicial division we have
a man of good judgment and fine ability with a reputation be
yond reproach.
IVl*\ riling (U l in* I fi* Tint* ill .Mllllf,
generally gained a vqry erroneous impression of the conditions
there in tin* early day.-, due to the reading of the Rex Beach
I took called “The I,noting of Alaska.-” This book is nothing
more or less than a brief in behalf of the Pioneer Mining com
jiany and the Wild (loose Mining company and the head men
of those big mining concerns. The book relates but one side
of the story. The whole story has never been told. We could
tell most of it, but space forbids and the occasion does not
demand it. If we undertook to record the judicial situation in
rite early days of Nome, our story would be quite different
fr< ni that prese» ted by tie* fertile brain of the novelist.
But a brief review will be interesting. With the discoven
of the Xonte gold fields, a complicated condition arose in this,
lhat some of the richest claims were located by alien subjects,
such as Laplanders, who had been imported to Alaska to herd
reindeer, that were being introduced in this territory under
the supervision of Rev. Sheldon Jackson, at that time head of
the r. S. bureau of education in Alaska. Under the law, an
alien is not entitled to locate mining claims, but no private eit
izen has a lawful right to question the citizenship of another.
The United States government, through the department of
justice, alone lias the right to question the citizenship of the
locator of a mining claim. Another claimant cannot do so.
But the judicial rulings, at that time, were not quite clear on
the subject. Several of these alien claims passed, by purchase,
to the Wild (loose Mining company. At least one of the orig
inal locators of the claims held by the Pioneer Mining company
was an alien. Hence, a group or ring of men. some of whom
had knowledge of the richness of the claims, thought they saw
an opportunity to gain possession of these valuable claims by
relocation. This was done by a member of the ring. The
leader of the ring was a politician of national reputation, high
in the councils of one of the great political parties. Through
iiis pull, Alfred 11. Noyes was appointed federal .judge of the
Second division, in which the Nome gold fields were located.
Judge Noyes was not corrupt, but he was weak and vaseillat
ing. The leader of the ring fairly dominated him and had him
self and friends named as receivers of some of the most valu
able mining properties in the Nome district, pending adjudi
cation of the cases in which the claims were involved, and
growing out of alleged illegal location. Some of the receivers
were reckless as to expenditures, to say nothing worse concern
ing them, and several of the rich properties were bereft of
their values when finally, through a decision of the United
States court of appeals, sitting at San Francisco, they were
returned in all rases to the original locators. But Judge Noyes
did not receive a dishonest dollar. No doubt corruptness was
practiced by federal officers allied with the court. And there
i< no doubt whatever but that corruptness was practiced by the
opposing side. Judge Noyes was merely the goat. He was not
the man for the place. W hat was needed to handle the diffi
cult situation there was a man of the type of Judge Wicker
.■ham, who possesses a strong character and who cannot be
i The Stores That Have What You Want When You Want It. j
Loussac’s Daily Gossip
FRIDAY, APHID 20, 1917.
Yol. 1. No. 235. ANCHORAGE, ALASKA, 4th and D
And tin* new goods » on arriving oven though traflie
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licious than ever. Prices on all things are advancing consider
ably and the war will not help to reduce it any. < >ne state is,
i we understand, considering changing from a gold and silver
! standard to egg and potato. The story is told of a man in tin*
states referred to who ordered a drink in a saloon and in pay
ment offered an Irish potato. The bartender looked it over
i carefully, threw it in the cash register and gave the customer
ten cents in change.
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dominated by others. To employ a homely expression, the j
rendition at Nome was “rotten,” but it was “rotten” on both j
sides of the controversy. The alien locators finally got the ]
claims, while the law distinctly says none but a citizen by j
birth or a naturalized citizen can locate a mining claim. The j
whole trouble might easily have been averted, had the mining i'!
law been plain and capable of but one construction. In other
words, the mining law at that time effective read that a lo- I
cator must be a citizen, and yet in tin* ultimate decision tin* ■.
alien locators won—on the theory that a private citizen has no<
lawful right to question the citizenship of a locator. Rather 1
funny, but the fact.
TRY A “WANT” AD. IN THE TIMES FOR RESULTS.
May Robson
IN
“A Night Out”
A Comedy of Refreshing Originality.
PATHE NEWS PATHE NEWS
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