The Land of Nome Part 5

At dinner, doubtless in order to make me feel "at home," I was engaged in conversation by a stout female person rather pretentiously attired, who proved to be the housekeeper of the hotel. At least forty-five summers had added successive weight to her proportions, and the only delicate thing about her was her sensibility--and this I knew because, in effect, she told me so. It was so trying for a woman to be alone in Alaska, and how astonished her people at home would be to see what she had to put up with--one who had been reared, so to speak, in the lap of luxury. It made her homesick to hear that I was heading for New York, whose gay metropolitan life, I somehow felt I was to infer, she had enjoyed in days gone by. This engaging creature, in a softly modulated voice, quite impressively selected her words,--the longer the better,--and the fact that they were not always appropriate to the thought was absolutely immaterial so long as the sentences were rounded and sonorous. For instance, in speaking of the ability of the commissioner at Chenik, judging from her a.s.sociation with lawyers (and she had always known the very best), she hardly believed that he possessed a "judiciary" mind. In reply to her leads, I said that I had just come from Council, and that I was an attorney; but, in answer to her query whether I had made my "stake," with great discretion I forbore to boast of the fortune secreted about my person, remarking that in Alaska one employed his profession as an opening-wedge for mining interests, and that as yet my mines were in a state of development. This elicited the information that she felt similarly as to _her_ profession; and when I made bold to inquire what that profession might be, I was slightly staggered by the rejoinder, "The operetta." Now, if she had said _opera_, it wouldn't have been so bad, for one a.s.sociates with the opera something grand, ma.s.sive, and substantial; but she didn't fit in with "operetta" at all. It was a rude shock, later in the evening, when I saw "Little Casino" standing by the bar and drinking her whisky straight. Then I felt sure that the dear ones at home would have been sorrowfully, painfully astonished thus to see their little one, whom, perhaps, they fondly imagined softening and delighting with song and merriment the rugged natures of the rough miners.

It would have been asking too much of Alaskan weather to be allowed to journey on as far as Nome without some setback. This was soon apparent when a storm of wind and rain came up which held me at Chenik for three long and dismal days. It blew as it can blow only in Alaska. The wind literally drove nearly all the water out of the shallow bay, so that one morning the unusual sight of a beach and bar extending almost across to the other side presented itself. I very vividly recall one evening at that forlorn place, when the renowned Dexter himself and a crowd of satellites and bar-room loafers were gathered about the table playing a game of "freeze-out" poker. Business was slack, and the urbane bartender, whom the favored addressed as "Eddie," and who, arrayed in a pink-and-white sweater, was wont to flourish behind the bar, admiring himself in the gla.s.s and brushing his slick hair between drinks, was one of the select party. It was a terrible night outside. The men, now and then during a pause, would voluntarily remark, or interrogate one another, as to where they'd like to be,--in what city, restaurant, or theater,--or (one fellow in particular, and for my special benefit) would predict that the storm was likely to continue for a week or more.

The howl of the wind, which the Malemute dogs tried to rival, suddenly found another compet.i.tor, which, dirge-like, a whooping sort of wail, accompanied by the moans and groans of a pedal organ in agony, was traced to the story above. It was the "operetta" in action--perhaps thinking of home. At any rate, she felt badly; and the crowd showed its sympathy by a raising of voices and yowling like the dogs outside, and wondering what she had eaten for dinner to cause such evidences of pain and suffering.

On the _Elmore_, which still had a monopoly of the traffic, I reached Nome at last, and repaired to the Golden Gate Hotel, which, razed to the ground by fire during the winter, had risen phoenix-like from the ashes, a credit in structure and appointment to almost any community.

With its boarded streets, excellent water-supply, cold-storage plants, fire-engine department, long-distance telephones, railroad to the Anvil Creek mines, and projected electric-light system, Nome has indeed become a city. As a matter of fact, the social atmosphere of Nome now demands a white collar and a shoe-shine. Wonderful when one thinks of its geographical situation, almost in the Bering Strait, three thousand miles from any port of supply, scarcely one hundred and fifty from Siberia, in a cheerless, Arctic country, barren of everything save gold!

When the telegraph line from the Klondike to St. Michaels is finished, the cable, which has already been laid, will carry it through the remaining one hundred and fifty miles, and Nome will then daily, in all seasons, be in touch with the outside world.

I met Captain Baldwin, a prominent and useful citizen, who was selecting characteristic photographs to put in an alb.u.m, as a gift to President McKinley from the citizens of Nome. And this was on the day of the President's death. The terrible news of the a.s.sa.s.sination I did not learn until I reached Port Townsend, in Puget Sound, September 26, when the hollow shout of the news-vender, "McKinley dead and buried,"

considerably lessened the pleasure of home-coming. The mayor of Nome had recently made a trip to Canton in advocacy of the removal of Judge Noyes, and the President's questions as to how the people of the Nome region lived had suggested the appropriateness of the intended gift.

The mines near Nome had been and were "showing up" well. Old channels were being discovered, and it was generally admitted that more gold was in sight than ever before. There had recently been found on Anvil Creek the largest nugget which Alaska had yet produced. This was on exhibition; and I elbowed my way through the camera fiends to heft the boulder-like ma.s.s, which weighed ninety-seven ounces, or a little over eight pounds (troy), and was worth $1552. I have been informed that another nugget, slightly larger, was discovered in the same vicinity soon afterward. It is not improbable that, when the creeks shall have been worked out by the present methods of sluicing, quite as much additional wealth will be acc.u.mulated from the debris by hydraulic operations. The great richness of the country lies in the "benches,"--creek flats and hillsides,--and to operate them successfully great ditches are being constructed. For instance, on Ophir Creek the Wild Goose Company now has under way a ditch, paralleling the creek, twelve miles long and twelve feet wide, which eventually will extend twelve miles further, to the mouth of the stream. It was surprising to see a number of engines and plants of various kinds operating the beach, which gave the lie to the general belief that the sands had been wholly exhausted. Despite the severe handicap of a late spring, the mining season averaged well, and the output of the yellow metal probably equaled that of the year previous. The reports concerning the new Kougarok and Bluestone districts, which had been heralded as "wonders"

and attracted thousands, of course proved to be exaggerated, and caused great disappointment, although they are known to contain a few rich creeks and may some day be worked on a large scale.

I ran across several of the "n.o.bility" and also the "Divine Healer."

The former appeared less chipper, and the latter looked less benign.

Their large interests were centered in the mining districts aforesaid.

The "Cafe de Paris," enlarged and refitted, would grace any metropolis.

Its cuisine and service were excellent, and it was furnished with all the up-to-date conveniences and appurtenances, including, as heretofore, a count. Among the features of Nome are the licensed town-criers, who parade the main street from early morn till late at night, calling out and advertising with original variations the various restaurants, entertainments, and sailings of steamers, for which services they are very well paid. At this time there were two steamers in the roadstead, and tickets to Seattle were selling like hot cakes. The crier for one of these vessels--a young, clean-cut-looking fellow, evidently well educated, and possessed of a sense of humor and a splendid voice--was creating a good deal of amus.e.m.e.nt by his form of appeal. After extolling the magnificence and speed of the ship, with solemn mien and clear, resonant tenor voice he called out in the crowded thoroughfare: "Get your tickets back to mother and the old farm, you hungry, homesick placer-miners." This latter mode of address was of course highly flattering to the host of bar-room loafers.

The Cape Nome excitement has yielded an abundant harvest to the transportation companies; and, in the main, the treatment which they have accorded their pa.s.sengers has been outrageous--in some instances even piratical. This I know not only from accounts of trustworthy persons, but also from my own observation. Vessels have been making the long and hazardous trip which should be condemned equally with their owners. Narrow escapes from complete disaster have not been infrequent, and persons who in good faith have bought first-cla.s.s accommodations have gone aboard to find that they have been _second_ purchasers, and, in overcrowded ships, have been obliged to resort to the floor for sleep, and to bribery of the stewards for decent food. Many a chapter of horrors incredible could be detailed by unfortunate partic.i.p.ants in the Nome travel. It was with astonishment and genuine regret that I read in a recent Nome paper of the suicide of my cabin-mate on the _St. Paul_, the pleasant Knight of the Green Table. Despondent, he had deliberately shot himself through the head. He was a general favorite, "square" in his "profession," and his untimely end was widely regretted.

X

THE END OF THE CONSPIRACY--A WORD FOR ALASKA

After 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 const.i.tuency. 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 ent.i.tled 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 a.s.sisted 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 sh.o.r.e and the maritime court, whose pa.s.sengers 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 pet.i.tions--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 pet.i.tion, 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 a.s.sistant 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 circ.u.mstances 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 Mcc.u.mber 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 const.i.tute 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 Francis...o...b..r, 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.