ASL-MS0107-Diary10-1905-1906

Alaska State Library - Historical Collections, PO Box 110571, Juneau AK 99811-0571

James A. Wickersham diary, December 4, 1905 to June 22, 1906.

(cover)

Dec. 4, 1905

June 22, 1906.

James Wickersham’s

-Diary-

[December 1905]

Dec. 4^th 1905-

Since Nov 24, I have been engaged

in attending to my Puyallup valley

land matters, &c. Have been to Buckley

& rented a room in the “Fidelity Bld –

#323, as an office for preparing the

2^nd Val. of the Alaska reports –

The Attorney Genl. has given permission

to do the work here.

Was over to Seattle today - Al. White

from Valdez and Jesse Noble from Fair

=banks, took dinner with me. Also

saw Jim. Fish, who told me that the

Fairbanks lawyers – Pratt, Miller &

Claypool were keeping the wires loaded

with attacks – (bitter & malicious –

so much so that Fish thought they ~~wil~~

would be counteracted by its very virulence)

- directed to the President. I think

the danger lies in some chance idea

being presented to the President with

such force as to cause him to hesitate

or conclude that even if I am all right

it might be better to appoint some

one else and stop the row.

Have purchased 6 or 7 acres

more land adjoining my Wynaco

Farm on the Puyallup reservation

from Cornell Bros. for $400.00

Also made written contract today

with Nick Glaser to slash and pile

in winnows all the brush & small

timber on 70 acres in the valley & lying

east of the Northern Pac. Ry. track,

at $15.00 per acre.

Recd. telegram from Barnette {Nov. 29^th}

suggesting that I come on to Washington

by today – Dec. 4, - when Congress meets –

but I telegraphed care McGinn at

Raleigh Hotel that I would not

come unless requested by Senate

Com. or Dept. of Justice.

Busy working on 2^nd Alaska –

We are located at “The Sands”-

Went over to Seattle today – sent

Telegram to Henderson to do assessment

work on 2 claims on Cleary creek left limit.

-Dec. 5^th-

The President reappointed

me again today –

This is the fourth time he has

appointed me within a year. My

fear that they would reach him with

some story & it would prejudice him

strongly was without foundation.

Busy working on 2^nd Alaska.

-6^th-

Sent telegram to John L. McGinn

Wash, D.C. saying “Can come Wash

=ington if Senate Judiciary Committee

requires provided Atty. Genl. approves

Consult friends and Senator Clark

and advise me.”

Working on 2^nd Alaska – have

room 323 Fidelity Bldg.

-7^th-

Nothing but work on 2^nd Alaska

Got letter yesterday from Lathrop saying

that he had heard that he was accused of

selling me out at Alaska convention &

would see me in Spring at Valdez!!!

-11^th-

Working every day with Jeffry at

room 323 Fidelity Bld, on 2^nd Alaska

report – Nothing from Washington

yet. Am doing nothing myself –

Recd. letter yesterday from Mr. C. D.

Lane, San Francisco – he said

“why don’t you quit the office & make

some money.” Everyone says that to

me – as if money were the one great

object of life! I would rather leave

the 1^st and 2^nd Alaska reports

as a monument of my work in

Alaska – than to have money!

-13-

My nomination hung up in Senate

by Senate Ankeny. Received letter

from Barnette, Wash. D. C. saying

that Senators Spooner, Carter & Baily

were all working right. That Bratnober

had seen Carter who would be all right.

Bratnober also saw the President &

Judge Day is working at Washington

for me.

-14^th-

Saw John Malone today about

Crocker – who is Ankenys “boss.” –

He went & saw Crocker & then took

me up. Crocker with brutal frankness

said – “this is a hors trade – what

will you do if Ankeny will get in

& help you” – “He is a candidate

for reelection – will you help him”?

I said that I would not ask anyone

to pledge himself in advance to

vote for Mr. Ankeny & suggested that

I could take care of a good man or

two in Alaska as commissioners ?

He then said that I was a friend of

Perkins & could stop the fight that

Perkins was making to assist Lorton

who was recently Ankenys ~~paper~~ Editor

at Walla Walla = I promised to go &

see Perkins & see what I could do

I went to see Perkins & told him frankly

the situation – He will see Crocker tomorrow

but I could not & did not ask him to do any

thing – just to fix it if he could. He will -

As one part of the effort to force Ankeny

off Perkins sent Piles a telegram

saying - “As a personal favor to the Perkins

Press assist in confirmation of Judge

Wickersham” – or to that effect. He

thinks Piles will show that to Ankeny

& he also thinks Piles will assist on

his account – but I am not so sure!!

Perkins also sent telegram to Senator

Foraker asking him to assist.

At work every on 2^nd Alaska.

-19^th-

Debbie & I went up to Enumclaw

last Friday & paid a visit to Jennie

& her family – her hubby – Chas. Hanson

& his brothers & partners have a fine large

logging & mill plant there. He is a good

business man & they have a comfortable

home - & two fine babies. Also met

Dr. J.J. (state senator) Smith, & his family.

Call was waiting me from Perkins who

had received telegram from his to Sen. Piles

saying that he wanted to assist in my

confirmation – but that situation was

“delicate” &c. An accompanying tel

=egram from Cushman explained that

the “delicate” point meant Ankeny

whom Piles hopes to use, and who

has objected to my confirmation. Cush

=man suggested that I get King Co.

telegrams &c. asking Ankeny to act

favorable. Perkins gave me the

telegrams &c. and I went over to Seattle

today. Saw State Senator “Dick”

Kinnear & he went to work at once,

to get the Ankeny forces there into line.

Called on Gov. McGraw – who held

in his hand a telegram from Genl. Carr

Com. at Fairbanks, repudiating the

actions of Nye at the recent Seattle

convention. McGraw assured me

of his (McG) friendship & support

& that he had already acted for Carr.

Called on C. J. Smith - & then on J.E.

Chilberg, Pres. Alaska Club, &

strong business man. He sent

telegrams to Piles, Ankeny, ~~Joe~~

Cushman, Humphreys & Dick Ryan

Recd. a fine letter of endorsement

today from the Alaska Club – Dick

Kinnear will send me copy of his

telegram - & Mayor Ballinger

of Seattle will also send telegram

to Ankeny.

Getting along OK on 2^nd Alaska.

-24^th-

Have pretty well fixed things

with the Ankeny following &

Crocker. Col. Int. Rev. & George

Stevenson – Ankenys leaders

in the state have written him to

secure my confirmation – Was

over in Seattle two days ago

& Dick Kinnear procured the

following Ankeny politicians

to sign the following telegram:

“Hon. Levi Ankeny, U.S. Senator,

“Washington, D.C.

“We personal friends of Judge

“Wickersham would be gratified

“to have you actively support his

“confirmation. Kindly show Senator

“Piles.” R. M. Kinnear, J.J.

“Smith, Link Davis, A.T. Van Deventer,

“John Wooding, I. B. Knickerbocker,

“Charles S. Gleason, Joseph Lyons,

“W. H. Clarke.”

P.C. Sullivan & Walter Christian

are also doing what they can now

to secure that result – the stand

which the President has taken in

reappointing me four times has

brought them to realize that he

intends to see me fairly treated by

the Senate & Piles does not want

to get in opposition to him – Sullivan

has advised him not to do so, but to

assist in my confirmation.

S. A. Perkins, is also doing all

he can by telegraph – Cushman

wrote him in answer that Piles was

willing – but in a delicate position

- evidently with Ankeny with whom

he desires to live in peace. – Perkins

says confirmation is assured -

-26^th-

Christmas at “Sands” – pleasant

but not hilarious. Received mail

from Fairbanks today – letter from

Genl. Carr, repudiating & condemning

Nyes treachery, - also strong resolutions

from Chamber of Commerce of Seward –

favoring my confirmation – original

forwarded from there to Senate Com. on

Judiciary. Letter from Abe Spring

containing copies of telegrams signed

by Pratt – Miller & Frazier – addressed

to the Seattle “Times” and asserting that

I had been condemned by the lawyers,

press & miners at Fairbanks – also

copies of telegrams sent by the Bar Assoc.

& the Miners Assoc. denying the charges &c.

Also copies of newspapers containing

articles & minutes of meetings of miners

&c. The miners are evidently ignorant of

the true facts in relation to Chrisman v. Miller

197 U.S. 313, & think I made the law!

These papers, letters &c. explain the

defection of the miners & I will forward

the whole to Barnette & McGinn who

can use the same to advantage in

explaining at Washington.

Recd. letter from Barnette yester

=day – says things look satisfactory

in Washington – but who can tell

what the verdict of a jury will be?

He says Nye is there knocking!!

But also there are Ed. Dunn, Billy

Bass, Whitehead, & a score of friends

to offset him.

Had my photograph taken today

- & worked hard all day in office.

Recd. telegram from Ed. Steir, Clerk,

who is at Valdez. Sent him an answer

to come on to Tacoma, & take his

vacation.

Dec. 31^st 1905

Mr Perry & also Mr. Harlan are

at Seattle & I am going over to see

them today – B. D. Mills, from

Fairbanks is also there. Debbie

is going with me - (over).

nothing of importance in matter of my

confirmation this week. It now seems

that Sullivan & Christian have concluded

that they have something to win by being

friendly & they are acting that way –

All of the Ankeny influence is being

exerted to get him into line – all of

his supporters – Crocker, Stevenson,

and the Seattle forces headed by Dick

Kinnear have wired and written him

and I judge his influence will be at

least outwardly friendly. Perkins

received a telegram a few days ago

from Cushman saying that he and Piles

wanted me to wait in Tacoma until

Jany 10, before going back to Alaska.

Evidently they hope to get things finally

agreed on – or know what to do – within

that time. Barnette writes that Senator

Carter is all right now – that Bratnober

persuaded him that I was “all right”.

Senator Bailey of Texas pledges Barn

=ette that all the Democratic senators

will be favorable & Perkins now

and the attitude of Carter suggests,

that Hansborough of North Dakota

will also be so mollified as to be at

peace, - This means that the old

McKenzie fight, which has held

me up for nearly three years is defeated!

While I have had many good &

energetic friends to assist me, one

stands higher than the rest in my list

- Walter E. Clarke – and I

hope yet to be able to offer the toast

“One Damn good friend beats the

United States Senate.” – for that is

what his friendship for me has amounted

to. It looks now as if I would be

confirmed – but who can tell?

Recd. letter from Erastus Brainerd, Ed.

P. I. yesterday containing telegram from

Carr, at Fairbanks, denouncing Nye

& opposition there & asking Brainerd

to assist my confirmation!

Am nearly finished with manuscript

of 2^nd Alaska – but not yet the

Index digest.

B. D. Mills took lunch with us

at the Rainier – Grand Hotel – he is

just from Fairbanks & reports things

flourishing there. Saw Mr. Perry, but

not Mr. Harlan who is not yet in Seattle

Neither Mrs. Perry nor Mrs. Harlan

will come to Alaska till summer.

[January 1906]

Jany. 1^st 1906.

Mr. Perry in Seattle & Mr Harlan

they go on Santa Clara to Valdez –

but I have determined not to go

Have written asking for leave till

Feb. 1, & have adjourned court

at Valdez till Feb. 14^th

-4^th-

Recd. telegram from Atty. Genl.

granting my request for leave

of absence till Feb. 1^st

Letter from Senator Piles to

Perkins saying strong fight

against me – he will help, &c

does not want to make enemies.

Rather a weak letter – and says that

Ankeny will help if he can escape

from his former promises to my

senatorial enemies, but if not

will vote against me – formally!

-5^th-

Telegram from Cushman today

asking if the division bill was

not directed against me – I

answered saying did not know

- to consult with McGinn, whom

I also telegraphed to see Cushman

& Jones about the matter.

Was in Seattle yesterday - &

called on Judge Brown.

Am nearly done with preparing

syllabi for 2^nd Alaska, and

now begin on Index digest.

-6^th-

Walter E. Clarke in the P-I. says

that a special subcommittee of

three will be appointed from the

Senate Jud. Com. on Monday (8^th)

to hear all complaints against

me. Also reports from Wash.

D.C. say that Gov. Brady will

resign – that Churchills report

was adverse to him – and that

he will become the head of the Reynolds

Min. Co.

Have received a dozen more

opinions from Gunnison & Brown

& working hard to complete the

syllabi, 2^nd Alaska, Rep-

-8^th-

The opposite teleg

=raphic dispatch

explains the activity

of my enemies in

Washington.

Packed juries in

Nome are equal to

packed juries in the

U.S. Senate &

equally criminal-

[newspaper clipping:]

“PACKED TO DEFEAT

JUDGE WICKERSHAM

WASHINGTON, D. C., Jan. 8.-(Spe-

cial.) – Senators Nelson, Foraker and

Pettus have been appointed a sub-com-

mittee to report on the renomination of

Judge Wickersham, of Alaska. Apparent-

ly the committee is packed against

Wickersham, as Nelson and Pettus have

been fighting for two years, and are

more bitter against him than any other

senators.

It is not now anticipated that Judge

Wickersham will be summoned here to

face charges.

Nelson is aginst Wickersham for per-

sonal or political reasons. Pettus is ad-

verse because of San Francisco contempt

proceedings.”

-9^th-

Sent telegram to McGinn this morning:

“Who throwed that brick” and this

evening received telegram from him saying

“We have every hope of success. No brick

have been thrown.” I do not understand

the effect of yesterdays appointment of the

subcommittee with Senator Nelson, Ch.

and Senators Pettus & Foraker. = Two

of the three are against me – a committee

report against me without a blow struck

It looks pretty near like defeat to me.

I learned yesterday, for the first

time, that some time ago Debbie

had made a will leaving her interest

in our home and other property to

Darrell – without acquainting me with

her intention, or taking my advice about

it.

-12^th-

This day made deed of our home

on C. St. to Debbie – she is now the

separate owner – it will go to Darrell

if she should die before me!

-13^th-

Ed Stier, clerk of my court

came into Tacoma today – also

Fairbanks mail. I received

the “Fairbanks News,” which gives

me the details of the opposition to

me there. It is managed by Pratt,

Miller, Claypool et. al. The fight

among the miners was carried on by

Fields – the star witness in favor

of the “Muck Discovery”, and the

whole miners fight is based on

the decision in the “Discovery” case

where I quoted exactly and gave as

the law the opinion of the Supreme

Court in the case of Chrisman

v Miller, 197 U.S. /o .

Forwarded papers to McGinn

Also sent telegram to McGinn

asking him about the situation

as I have heard nothing lately.

14^th

Geo. Esterly in Seattle & “Oregon” in

tomorrow – will go over -

-15^th-

Nothing new from

Washington except

this & letters from

~~Bars~~ Johansen

& McGinn. They

seem hopeful

but Nelson as the

Chairman of the

Committee before

which the matter

is to be investigated

angers McGinn.

The most that Johan

=sen hopes for from

him is that he will

be “nuetral” – a fine

juryman!!

I went over to Seattle – saw

George Stevenson – had letter from Ankeny – O.K.

Called on the Esterlys – the “Oregon” came in

later & saw Brown & Spring -both will

go to Washington for me – earnestly.

[newspaper clipping:]

“WANTS WICKERSHAM

TO BE QUESTIONED

Senate Committee on Judi-

ciary to Ask for Judge’s

Appearance

Post-Intelligencer News Bureau.

WASHINGTON, D.C., Jan. 14. –The

senate committee on judiciary has decid-

ed to ask the attorney general to au-

thorize Judge James Wickersham to

come to Washington for the purpose of

appearing before the committee. Judge

Wickersham has been in Tacoma some

time on leave of absence from the Third

judicial division in Alaska.

His nomination to succeed himself as

judge will, in the opinion of well-in-

formed senators, be confirmed by the

senate, but it is the desire of some mem-

bers of the judiciary committee that he

answer certain questions.

Heretofore the charges against Judge

Wickersham have been somewhat vague

in character, and he would have been

confirmed last winter had not Senator

Nelson, who has opposed the judge ruth-

lessly, persisted in the statement that

Wickersham secretly opposed the Nelson

bill for dividing the Third district.

Recently, however, new enemies of the

judge who have lost suits in his court

have charged that he owns property in

Fairbanks occupied by a saloon and gam-

bling house.

Fairbanks men here who are friends of

Judge Wickersham say that he owns

only the ground on which the building

in question stands, and that the ground

lease specified that the building should

not be leased for a saloon or gambling

purposes. WALTER E. CLARK”

-16^th-

Letter from Barnette, - he has bought a

fine farm near Lexington, Ky. - $60,000.

also informs me that Reynolds, Gov.

Bradys manager negotiated with him

for conference with McKenzie, who propo

=sed that if Lacy would support the

division bill – Senator Nelson would

support me! Says that Lacey agreed &

the matter was well underway when he

wrote. They first pack the jury by

putting Nelson on, then sells his influ

=ence out the back door : Jury packing

& bribery in the effort to confirm a

judge before the Judiciary Com. of the U.S.

Senate! We are getting well done with

the 2^nd Alaska – now working on the

Index Digest. Room 323, Fidelity

Bld. Brown & Spring are coming

over to Tacoma tomorrow-

Approved Steirs accounts as

Clerk today. Telegram from McGinn

saying appt. of Nelson was under Senate

rules & not a matter of favor.

-17^th-

Recd. telegram signed by Barnette,

Whitehead, Johansen & McGinn

saying for me to apply to Atty. Genl.

for leave to come to Washington, and

come on at once. No explanation.

-18^th-

Telegraphed Atty. Genl. as suggested

- though with much reluctance - &

~~this~~ {last} evening received telegram from

him saying: “Unless you have been

authoritatively informed by some member

of the Senate committee on judiciary that

your presence is desired the mere possib

=ility that you may be called by such

committee should not prevent you from

going about your official business.

Am informed that your presence has

not been requested and that doubt exists

as to your being called. Leave of absence

must therefore be refused.” Moody, Atty Genl”

Went out to reservation land today –

Pd. clearers $160.00 also packing Alaska boxes,

& working on 2^nd Alaska – index digest.

-19^th-

Evidently McGinn & others “got busy”

yesterday when I telegraphed him that

Atty. Genl. refused permission to me

to come to Washington, for today I

got another telegram from him saying

that it was now deemed desirable

for me to appear before the Senate Jud.

Com. and gave permission for me to do

so. I shall start tomorrow

Todays Washington dispatches in

P.I- signed by Clarke, says that

Nelson has formulated charges against

me, the main one being that gambling is

allowed in the Apple building in Fairbanks

Abe Spring came over to see me

today – he will go to Washington

soon on private business but said

he would go to Washington if he could.

Telegraphed asking leave for Jeffry

to go with me-

We have finished the work on all

material on hand for 2^nd Alaska but

Gunnison telegraphed that he had more opinions.

-20^th-

Shut up office, packed trunk &c

2^nd Alaska is ready so far as the

material on hand allows it, but

Judge Gunnison ~~writes~~ telegraphs

me that he finds other opinions &c.

Debbie remains at “Sands” –

neither Jeffry nor Brown will go.

Abe Spring goes via Portland.

Started from Tacoma at 8:00

p.m. for Washington

-21^st-

Spokane – country covered with

snow – I am very much afraid

that my trip is useless – Senator

Nelson has “packed” the jury on me

and it is a question of politics &

not a “square deal” Ill get.

Passed Missoula, Mont. tonight

-22-

Livingston, Mont. to Glendive.

Sent 8 telegrams today from

Billings, Mont. to.

James M. Griffin, Minneapolis

& B. F. Millard, Chippewa Falls

as follows:

“James M. Griffin, Atty at Law

“Minneapolis, Minn.

“Meet me on Northern Pacific

“overland tomorrow Minneapolis

“Pullman sleeper.”

and

“B. F Millard, Chippewa Falls, Wis.

“On Northern Pacific train going east

“Can you meet me at St Paul twenty

“third arrival train expenses paid.

Hope to get Griffin to do some mission

ary work with McLean, & Nelson &

Millard to state truth about McKen

=zies hearing & approving my state

=ments about division bill, before

H. Com. on Ter. two years ago.

-23-

When awoke this morning found we

were on side track at Tower City.

N. Dak. - 25º below zero & a blizzard

blowing – a west bound train is

stuck between us & the next station

- now noon & no sign of moving –

We cannot catch Chicago train out of

St Paul tonight – Left Tower City

at 2 oclock – Fargo for an hour

or two thawing out water pipes &c.

Left there at 5 p.m

Bought a Fargo Forum. ~~at 5 p.m.~~

and cut out this foolish item –

am afraid my fool friends or my

astute enemies will make it hard

=er for me by this means : I do not

want to be Gov. of Alaska, &

especially do not want the matter

so used as to block my confirmation

as judge – would rather have that

than the office of Governor:

[newspaper clipping:]

“SEATTLE PEOPLE PLUG

FOR JUDGE WICKERSHAM

Seattle, Jan. 23 – A petition has been

sent to President Roosevelt by a num-

ber of Alaskans in the city asking that

Judge James Wickersham of the United

States district court of Alaska be ap-

pointed governor of Alaska to succeed

Governor Brady.”

-24^th-

We reached St Paul last night at

1:30 and I went to the Ryan & took a

room. Went over to Minneapolis

today – Griffin is in California

but went to the Club with McLain &

explained situation regarding Senator

Nelson to him – He wrote to Jerman,

correspondent for Journal, also for

Seattle Times, & I am to see him as

soon as I reach Washington. Called

on West Pub. Co. Millard did not

show up. Wrote letter to Debbie

Left for Chicago at 8:30 p.m-

-25-

Arrived in Chicago at 9 a.m &

left on the Penn. train at 11 a.m for

Washington – went across town &

spent the 2 hours in an old book

store – wish I was rich enough

to buy all the books I need.

Across Indiana & Ohio today – no

snow after we left Chicago

-26-

Arrived in Washington at 11. a.m

met Johansen in Raleigh Hotel

lobby – he says Barnette & Mc

Ginn are both here, & Whitehead

Did not ask him about prospects

& he did not suggest anything –

Bath, haircut &c. & clean clothes.

12 midnight. I am up against

the hardest fight of my life – with a

packed subcommittee of the Senate

Com. on Judiciary – Senator Nelson

is making the most bitter & malicious

personal fight on me – but thank

Clark, Barnette, McGinn & others

Senators Knox, Spooner, Patterson,

Bailey & a number of the strongest

men in the Senate are for me.

-27-

Called on Senators Piles & Ankeny

but neither in – Ankeny is sick in the

Hospital. Also called on Cushman, Jones

& Humphrey - & invited them to dinner

with me at the Raleigh – we had the

most pleasant diner party I have

had for a long time – Gov. McGraw

& Land Com. Ross, of Washington came

in & sat with us, & smoked while we

ate - & then all came up to my room

& we smoked & talked of old times

in Wash. Ter. & politics &c.

My inclination last night was

to provoke and press the fight with

Senator Nelson, who is my one strong

and vigorous opponent – but Abe Spring

McGraw & others – including Walter E.

Clarke, oppose it. Clarke has made

an appointment for me to go out to

Senator Knox’s house tomorrow

(Sunday) morning at ten oclock to

talk the matter over – Knox, as Attorney

General, sent Judge Day to Alaska

to examine my course there & is one

of my strong friends. I intend to act on

his advice since he knows the traditions

of the Senate and appreciates just

what effect any given act will be

likely to have on the other Senators.

Calle don Congressman Lacey of

Iowa, also, - He & Cushman are

relatives. McGinn telegraphed

for Birch, Dr. Whitehead & Mike

Sullivan to come over from New York

to be prepared for War or Peace or work

on Monday. Gov. McGraw & the

Burleigh – McKenzie railroad people,

are now up against my fight, and

seeing that I have many strong sup

=porters have begun to make earnest

efforts to pull Nelson off. McGraw

told me at dinner tonight that he would

go to Nelson on Monday – that McKenzie

had already done so, hard, and

that they believed that they could succeed

in inducing him to assume a state

of fairness at least. The “Washington

Post had a very nice notice of my

arrival – it spoke very complimentarily

of me & gave me a nice interview about

Alaska – it was very satisfactory

-28-

By appointment I called on Senator

Knox this (Sunday) morning at his residence

- he advised me about the course I should

pursue &c. Then called on Senator Piles

& walked down town with him. He also

advised me and will appear before the Com.

and testify strongly for me and especially

in the old blackmail Sadie Brantner case.

As we got down town we met Senator Hem

=enway of Indiana, who upon being

introduced said promptly I am for you

and to Senator Piles that he wished to be

advised how he could aid me –

Called later tonight & met Senator

Money of La. who was equally friendly

and advised how to meet Senator Pettus

tomorrow. Wrote to Debbie.

Dinner tonight with Capt & Mrs.

Barnette, - Johansen, Abe Spring and

McGinn. My chances for confirmation

are even – not rosy but fair. Senator

Nelson is the one active opponent.

-29^th-

A strenuous day! Went with Dr.

Whitehead & called on Senator Pettus

and told him that all I wanted was a

“square deal” – a copy of the charges &

a chance to be heard. He promised

that I should have both. The Judiciary

Com. met in an hour afterward and Senator

Pettus proposed that I should have copies.

Senator Knox urged it, Senator Money

likewise & when Senator Nelson saw

the drift he agreed to it – but I much

fear that he will prevent it or at least

so delay is as to seriously annoy us-

My purpose, as suggested to Senator

Pettus, is to prepare an answer to each

charge in writing & back it up by the

affidavits of my witnesses, certified copies

of records, &c. & then give each member of

the Judiciary Com. a copy. I want publicity.

While I was at breakfast this morning

Geo. K. French, whom I knew at Eagle City

as Chief of scouts for Col. Ray, and later

as a lawyer, came into the dining

room and said to me, “Judge McKenzie

“(D. A. of Coldfoot)” is out at the desk, dont

you want to see him – thought I would

step in and tell you”. I answered, “No

I dont want to see him.” French went

out and in about two minutes McKenzie

came in, walked up to me and said

“How do you do, Judge” and held out

his hand. I squared off and looked

at him for a moment and then said: “No,

“I dont care to have anything to do with

you McKenzie. I never did anything

or said anything about you except in the

most friendly way – I was your friend &

stood by you when you needed friends

as badly as I do now, and you betrayed

me without excuse. I donot want any

thing to do with you.” – and went on

with my breakfast. He remarked some

thing about not looking at things that

way and walked off- I want some

self respect left when this matter is ended.

Met Senator Baily again & he is in a

fighting mood – he denounces Nelson

viciously, as does Senator Money &

Knox. Sent long telegram to

Walter Christian to get statement

from A. Reeves Ayres, and Doolittle

saying that Sadie Brantner had

admitted perjury in the old scandal

case. “Bill” Jones, Pres. Tacoma

Cham. of Com. & John A. Parker are in

the city. Met Senator Clark of

Wyoming – he is Ch. of the Senate Jud.

Com. & a strong friend of mine.

-30-

Called on Senators Dillingham

& Carter – also Ankeny – the later

is friendly, & I think will be all right

Have not received copy of charges

but am today informed that I will

not be given copies of the charges

but only the sum or substance

thereof – without names, details

or facts, - and formulated by

Senator Nelson who spends all the

time devoted to conversations about me

in damning me. Intend to appeal

to the committee for a full copy of the

charges, and fight like hell if I

dont get them. I cannot believe

that the bar of the east has so degen

=erated that the Judiciary Com. of the

United States Senate will try a judge

on confirmation upon anonymous

and secret charges, - even if the Com.

should so declare I will deny that the

lawyers of the west are such contemptible

cowards. They keep saying to me:

“Sh – you must’nt say anything – you’ll

shock senatorial courtesy” – but from

the way Bailey and other senators call

Nelson a Swede son of a bitch, &

the like, I think Senatorial courtesy

ought to stand a modest but firm

demand for a fair hearing in public

of the charges against one whom the

President of the United States has first

fully investigated, and then reappointed

four times. And by God they must

give me that kind of a hearing - &

then they can do as they please

about their verdict.

Received copy of substance of the

charges formulated by Nelson & am

surprised and made that he is so unfair

& unjust in the matter. Went out to

see Senator Piles, he will try to get me

copy of the original charges.

-31-

Carefully studying charges and

have about concluded to answer

them in writing – Think will begin

to do so in the morning. It seems

impossible to secure any thing

else.

[February 1906]

-February 1^st-

Have been at work gathering the

records, and all afternoon and

tonight in writing answer. Will

have it printed. Called on Judge

-Senator Turner, tonight at the

New Willard – he proffered to do

what he could to help me and

characterized the charges against

me as an outrage.

-3^rd-

Went up to call on Acting Atty Genl.

Hoyt, about Valdez term – he said to

do as my judgment suggested so I

let the term go over. Worked all

day on “Answer”. Marsh, whom

Sulzer wants me to appoint as Com.

in the Arctic precinct came to see me

- I dont care for him – but will appoint

him since he is going in to open up

a wholly unexplored country.

Had a very sick spell tonight

- nausea – vomiting - &c.

-4^th-

Steve. Birch came over last night

He is greatly elated over getting his

Bonanza mines railroad from Valdez

into shape & it now seems a success.

Johanson & Abe Spring went over

to New York yesterday – will come

back Monday – working on my

“Answer”, and will do nothing until

that is done, - then intend to push

the matter to a final conclusion.

-5-

Working day and night on “Answer.”

John Hughes of Fairbanks here.

In friend of Flint, of California &

also of Arkansas senators.

-6-

Did not go out of hotel until

11 oclock tonight – working continuously

on my Answer – and have it just about

done – an hour in the morning.

Barnette tells me that an Indiana

friend of his who took dinner with

the Fairbanks said that Mrs. F

asked if I was in town & why I did

not call – and invited Barnettes &

me to call tomorrow. Nothing new.

Six days hard work – day & night.

-7-

Worked all day with McGinn

on the law involved in the case of

Nelson & Hensley v Meehan & Larson

which is one of the charges – and

finished it this afternoon, but

it will not be received from the

printer before tomorrow. I am

satisfied with my work.

Called with a Mr. Keeling of

Indiana and Capt & Mrs Barnette

on Mrs. Fairbanks – reception.

She treated me very nicely and

asked me to come & take dinner

with them soon & to come to

their house and stay while in

Washington – but I excused

myself from the latter but promised

to take dinner with them soon.

Took dinner tonight with Mr.

A. C. Frost, Pres. Alaska Cent. Ry Co.

at New Willard – present also Barnette,

Spring, Major Richardson, Dick Ryan,

Johanson, Hughes, and McGinn.

-8^th-

Did not get printed “Answers” today

on account of printers slow work.

Breakfast with Mr. Frost of Alaska

Cent. Ry & Mr. Delevan Smith, the

owner of the Indianapolis News.

Then went up and was introduced

to Senator Spooner. After dinner

tonight received telephone call to

come out and smoke a cigar with

Mr. Sam. Hill, son-in-law of Mr. J. J

Hill, the great railroad man. He is

an entertaining talker and interested

me – but when I went to talk he

looked bored – so I came home.

-9^th-

I feel that a great load is thrown

from my shoulders since today we

received the “Answers to the Charges”

against my confirmation – and filed

the original verified copies with the

Committee and also with it filed the

bound volume of “Exhibits – 31 in No.

McGinn & Barnette went with copies

for Senators and Johanson filed

the official copies. I gave the

newspaper boys copies and also

Judge Turner, who is at the New

Willard and very friendly and also to

McGraw and Burleigh. Things

look pretty good – more satisfactory

than formerly – and I hope for a

favorable ending – but the opposition

is strong and led by the worst old

Apache on the reservation – Senator

Nelson of Minnesota.

I am entirely satisfied with my

“Answer” – I brought out my personal

“skeletons” – set them up in the high

=way and exposed them to the light of

day – a humiliating thing to do, but

I did not shield myself in any respect

- just did what Mr. Cleveland did

when they accused him – he said to his

friends – “tell the truth about it,” and

thats just what I did – at length-

I think we will try and get the Senators

from Wash. Or. and Cal. to go to

Nelson and ask him to quit.

Walter E. Clarke undertook to

deliver copies of my answer to Senators

Knox and Spooner at their houses.

Sent copies to Judge Day & to

Steve Birch, New. York to the News,

Fairbanks & to others – also to Debbie

-10-

Nothing much doing today – except

that Johanson went up to see Senator

Nelson & found Nye there consulting.

It seems that while I can not have

a sight of the charges against me that

Nye & those who are fighting me can

have fullest access to them Nelson

had evidently sent for Nye to come &

help him to support the charges –

but my judgment now is that we will

lick them even with all Nelsons unfair

=ness & damned Norwegian Crookedness.

A new feature has come into it now -

W. W. Archer, who used to practice

law in Tacoma & was a great friend of

Ben Sheeks, is now one of the attorneys

for the Beef Trust in Chicago & Hughes

met him & told him about the fight - &

through Archer and his friends one Col.

Felder, attorney, is now here pushing

hard to help me along. He says that

Bacon of Geo. of Culberson of Tex

will be all right – if so that will

probably give us the Judiciary Comt.

Judge (Senator Turner) of Spokane,

is also busy at work with the Democratic

Senators – he is well liked by them &

can do much good.

Called with Walter E. Clarke to pay

my respects to M. D. Purdy, Asst. Atty.

Genl. – while there he told us that my telegram

for leave to come to Washington to answer

charges had been referred to him – that he

called up Senator Nelson by telephone

who told him I was not needed here &c

& that he so telegraphed me!!

-11^th-

Sunday and a beautiful day.

Went out to visit Congressional Library

but too early & did not get in. Called on

Judge Turner at New Willard – Ashton,

Bill. Jones, H. C. Wallace, Gov. McGraw

there.

Captain & Mrs. Barnette and I have

been invited to dinner with Vice President

& Mrs. Fairbanks this evening at 8 oclock

- I am sorry that I have’nt a dress suit

but I intend to go with Prince Albert coat.

I enjoyed my call the other day, and went

to the capitol yesterday to call on Mr. Fair

=banks, but failed to find him in.

Was entertained with Capt & Mrs

B at the most elegant dinner I ever

attended.

[table setting transcribed vertically:]

Vice Pres Fairbanks

Mrs B. Mrs. Patterson

I. Table. Chicago Tribune

Mrs. Carey Miss Carey

Capt. B. Ex speaker Keifer, of Ohio

Mrs. Fairbanks

After dinner we retired – the ladies to the

parlor the gentlemen to the library

to smoke. Had pleasant and instructive

talk with Ex-speaker Keifer about his

experiences as one of the generals in our

army in Cuba, - the yellow fever plague

and how it was fostered and spread by

the musquito – and then about Alaska.

Vice Pres. Fairbanks and Capt B – talked

Alaska, and often I was included-

on the side I heard Capt B – giving the

Vice President some of my difficulties

with Senator Nelson. We then returned

to the Parlor – Vice President and Mr. Keifer

- who is an old man – white haired and

patriarchal talked of Lincoln – and

McKinley – comparing them and yet

pointing out their differences. We

spent a most pleasant hour – also

looked at more photos of Alaska &

the Bs – gave Mrs. Fairbanks the first

large nugget of gold – probably ${1}30.00

from Cleary Creek – It was an

hour long to be treasured.

-12-

Went up to the Capitol today & called

in the Vice Presidents room – he was not

in but Edward Everett Hale was, and

being introduced to him by Sargeant at

Arms of the Senate. Col. Ransdell,

whom I met in 1903 at Rampart.

I had a good long talk with him.

Mr. Hale is old, and hairy and full

of vigor and talk of future work.

He inquired about a bevy of young

women that the Emigrant Aid. Soc.

sent out from Mass. in 1866, under

charge of Asa Mercer – from Seattle.

I think = told him to write to Edwin

Ealls about the matter – Mrs Barlow

was one of the crowd – He also told

me that his “great novel”, yet in the

inkstand, was to be located in Alaska.

We talked of Alaska for some time

- the Vice President came in – and

after the most cordial greeting I gave

him a copy of my Answer to Charges

- and in the most polished and friendly

way he thrust it in his drawer saying

“No answer is necessary for me, Judge

Wickersham. You have made a fine

record as judge in Alaska and I do

not even care to hear your answer –

I know the charges cannot be true.”

If I am confirmed I shall try to

live up to that confidence.

After I returned from the Capitol

McGinn informed me that Alex. Mc

Kenzie and he and Sullivan had had

a long consultation last night –

that he told McKenzie how he (McGinn)

and I had prevented the Grand Jury

from indicting both Judge Noyes

& McKenzie at Nome in 1901, at

the instigation of Fink & McGinn

gave him proof of Fink & Richards

joint efforts and crookedness – He

says that McKenzie was surprised &

declared that he would support my

confirmation – since he dislikes

Senator Nelson any way. It seems

that the withdrawal of the McKenzie

fight will leave Nelson about alone with

such Senators as he can induce to

go with him & such as are misled by

the vague charges & hidden evidence.

Col(?) Perkins, who thinks he ought

to be governor of Alaska, came around

to see me, but I positively will not become

involved in that fight.

-13-

Went with McGinn & Hughes to call

on Senator Nelson this morning to demand

a hearing before the SubCommittee – We all

expected him to act rough and brutal – but

instead, when he saw me in his office he

came across the full width of the room &

shook hands with as much apparent

pleasure as if I were his long lost brother.

My friends were both surprised and amused

at his meekness – but we realize that the

most dangerous man is the coward &

bully combined : We find it impossible

to secure a prompt hearing on account

of Senator Foraker, who is so busy on

Committees that he cant spare the time

till some time next week. Senator Piles

introduced me to Senator Foraker who

treated me with apparent friendliness &

expressed an intention to read my Answer

& understand it carefully &c. Hughes

goes home tonight and Barnette is

threatening to go – it looks as if they will

all be obliged to go soon to be able to get

in to Fairbanks before the ice breaks up –

otherwise to wait till June.

Frost and Poland of the Alaska Central

are here & will work for me also – and now

that McKenzie has quit things look more

favorable. Spent quite a part of the

afternoon at the Department of Justice

assisting in closing up our old bills & in

urging a new jail for Fairbanks.

Met Senators Gearin, Oregon, Flint of

Cal. and Clarke of Ark. today – all

friendly – Gearin especially so.

-14-

Was introduced to Senator Beveridge

by A. C. Frost of the Alaska Central Ry.

Bought a lot of rare histories &c. from

Lowdermilk & Co. today. Walter E. Clarke

to dinner with me – tells me that Governor

Bradys resignation was filed today

with the President.

Barnette left for home tonight

- We cannot get a hearing for a week

and he would not – could not wait

longer. One is almost obliged to catch

the March 1. steamer from Seattle to be

sure of getting in to Fairbanks over

the ice. Abe Spring Also left and

that leaves McGinn and me alone –

but I dont fear the result – if they will be

fair. Senator Bailey & others say that

there will be no doubt of the result –

Wrote a letter to Debbie : also another

to Alexander, Sub Com. on Ter. in House

in favor of division of the District.

-15-

Nothing doing – spent most of

the day in Lowdermilks Old Book

Store buying history & Ethnology

of the Northwest Coast.

-16-

Went up and called on Senator Baily

- he asked me to come to the Senate Member

room at 1 oclock – I did but Senate

had adjourned until Monday. We

met Senator Gearin of Oregon & he

and Senator Bailey discussed Senator

Nelsons fight on me – they united in

denouncing it as – to use their own

language – “a dam{n}ed outrage”

I also called on Senator Ankeny

& informed him that I would now

approve the pardon of Charlie Hubbard

whom I sentenced at Circle in 1900

for 15 years for killing his man at

Ft. Yukon. Senator Ankeny has

been trying for three or four years to get

Hubbard pardoned but so far

without success owing to my refusal

to recommend it. I also went to the

Dept. of Justice – to the Asst. Atty. Genl.

in charge of pardons & recommended

the pardon or commutation of the

sentences of both Hubbard and J.

Notti, whom I sentenced at Fairbanks

this last summer for 2 years for assault

with intent to kill – a fellow who jumped

his mining claim.

This afternoon the Vice President

called me up on the telephone and invited

me to dinner – the second time, and

I accepted. Luckily I had ordered

a new dress suit this week and it

was just done – so I looked in

conventional shape – and I was

glad of it, for it was the most beautiful

scene of my life. There were 32

people at the table – the Vice President

sat on one side of the table in the

center – and just opposite him

on the other side sat Mrs. Fairbanks

On the Vice Presidents right, Mrs. Nellie

Grant Sartoris, and on his left Mrs.

Senator Clay – On Mrs Fairbanks

right Senator Clay and a Senator

on her left whose name I did not

hear. The second gentleman from

Mrs. Fairbanks right was Mr. James

A Garfield, the son of the President

Garfield whom Guiteau assassinated.

I had the honor to sit with Mrs. Tim

=mons, Mrs. Fairbanks daughter & the

wife of Lt. Timmons, U.S.N. – a

most pleasant and beautiful woman.

The great dining room was fairly

gorgeous in its appointments –

flowers, lights – beautiful silver &

tableware – handsome men &

beautiful women – dressed in the

height of fashion – it was the

most beautiful function I ever

attended & I thoroughly enjoyed

the evening!!

-17-

A great day for the social side of

Washington – Miss Alice Roosevelt

the eldest daughter of the President

was married at noon to Mr. Nicholas

Longworth, member of Congress from

Cincinnatti Ohio. A thousand

guests are invited – and ten thousand

are not – but the area around the

White House is filled – and great

interest is felt by everyone.

Beautiful day – nothing done

in my matter.

-18^th- Sunday

Recd. nice encouraging letter from

Steve Birch, 45 Broadway, N.Y.

He is laid up with attack of soreness

in nasal passages – but he and his

friends are at work in my aid.

Wrote to him, also to Debbie.

Sent Debbie copy of Post, with

description of wedding, dresses &c.

Dr. Whitehead came back from New

York last night & I took long walk

out to Rock Creek with him & we

discussed Governorship of Alaska.

Dick Ryan, Perkins and Charles Herron

have worked out a job – they sent for

Ivey – and Alex McKenzie got him

received at the White House – ostensibly

to talk about coal land laws in Alaska

- but really to put before the President

the charge that Jarvis , Hoggatt and

Clum were all anti Roosevelt two

years ago and sought really to bring

the delegates from Alaska in for

Hanna! He succeeded in getting

the President to listen, and he

actually believed the story – which

is a lie out of whole cloth. I

explained the matter to Whitehead

who is going out to clear it up & to

expose the fraud to the President.

I am now satisfied that the President

is opposed to Fairbanks for 1908 -

-19-

Assisted Cushman with his report

in favor of his Alaska Delegate Bill.

Was given written notice by Senator

Nelsons clerk today that the Sub-

Com. would hear my testimony

tomorrow morning at 10:30 at the

rooms of the Senate Judiciary Committee.

At suggestion of Senator Bailey

I called on him in the marble room at

3 p.m. and he introduced me to Senator

Bacon of Georgia who talked to me

squarely and entirely friendly – he

said that he was glad to meet me – that

he always wanted to see the man, rather

than to hear the political stories

against him &c. and that Senator Knox

had already talked to him about me.

My judgment is that he is entirely

friendly. McGinn received word

that the first of the appeal cases from my

last Fairbanks term to be decided by the

Ct. Ct. of App. was affirmed.

-20-

Met with Sub. Com- of Judiciary Comt.

in the Senate Judiciary room at 10:30

present, Nelson, Chairman, Pettus

and Foraker. I testified for nearly

two hours in support of my printed

Answer: Think that Pettus and

Foraker are with me, but Nelson is as

virulent and poisonous as a

rattlesnake – but he cant look a

man in the eye, and when once I went

after him and commanded him to

finish a half completed reading he

submitted like a true Norwegian peasant,

that he is. The hearing was adjourned

in an indefinite way – and I

dont know what further will be done-

but I still think Foraker and Pettus

will vote for me, - if their questions

and suggestions are any indication

of the bent of their mind.

Have a new dress suit.

The Alaska governorship is now in

a queer tangle – Brady has resigned

the President has offered it to Jarvis,

and Jarvis wants it but finds trouble

to get out of his business arrangements

with the N.W. Com. Co. who want him to

continue with them. In the meantime

Perkins, Ryan & Co. and their grafting

“Knockers” are slandering Jarvis.

Hoggatt and Clum, ~~who~~ and through

Ivey are assuring the President that

Perkins is the only Roosevelt man in

Alaska! God, how theives do cloak

themselves in virtues garb and strut

the political highway - looking for

pockets to pick. Perkins is a

bargain counter politician and

his appointment would be a calamity.

-21-

Went up to the capitol and called on

Senator Foraker, and asked to have the

further hearing set at once – as my witnesses

must go to Alaska. He said that he did

not think any further hearing necessary –

that he was now satisfied and expressed a

strong and complimentary opinion as to

my qualities as a judge, and said that I

ought to be confirmed at once. He was so

cordial and friendly that I felt greatly

relieved and pleased. He suggested that I

remain here, but that my witnesses (McGinn

& Spring) go home after making their affidavits.

I am greatly pleased with his statements

and now regard him as one of my strongest

supporters. He told me that Nelson had

given him an argument upon the law ~~that~~

against my opinion and action in setting

aside the judgment in Nelson v Meehan.

Then went over to see Senator Bailey

who told me that he had talked with Senator

Foraker since the hearing yesterday & that

Foraker had told him that he (Foraker) said

to Nelson “I am greatly impressed with

the strength and character of Judge W

and his statement to us”, &c. and that

Nelson replied that he was to! The

old liar! Showed Baily Nelsons

letter to me of Nov 1904. to convince

him that Nelson was only continuing

a long time fight, also telegrams &

story that Nelson told Atty. Genl. in Jan.

that he did not want me to come to

Washington – and that it was an attempt

on Nelson part to even prevent my having

a hearing or notice of any kind.

Bailey denounced his unfair methods

and has started an investigation upon

his own responsibility to ascertain just

what Nelson has done – and will fight

him in the open Senate, and will also

give information to the members of the

Judiciary Committee.

Am going with Statler, Senator

Ankenys, Sec. to see the Atty. Genl. this

afternoon and recommend the

commutation of the sentence of

Hubbard, sentenced at Circle in 1900

for killing McNamara at Ft Yukon

- also Notti, from Fairbanks.

Recommended commutation of

sentence of both Hubbard & Notti.

Also telegraphed Harlan to

telegraph in his endorsment for

Notti. Had McGinn telegraph

to M. L. Sullivan, to see Boone

- at Fairbanks, Alaska – and send

us true name of Manley – also

crime & locality from which he is

a fugitive – & I intend to crucify

both him and Nye – intend to

connect them with Nelson & then

expose their character & animus.

Abe Spring went to see Loeb, the

Presidents Secretary & got him to

work to induce Senate to act in

my matter promptly. Loeb teleph

=oned to Major Lacey (M. C. of Iowa)

that “we” meaning the President, were

for Wickersham & wanted him

confirmed – Think now I will

be confirmed soon – still –

well, I wont quit till its done

-22-

Called on Senators Perkins, of California

Fulton of Oregon & others – who are friendly.

Also on Nelson who gave me a copy

of his printed Brief on the law in

the case of Nelson & Hensley v Meehan

& Larson. It is a curiosity – it overrules

the case of Holton v Davis. 108. Fed.

138. decided by the Circuit Ct. of Appeals.

for the 9^th Ct. in which Alaska is – and

is the appellate court whose decisions

I must follow. Heard from Fairbanks

tonight from telegram sent last night

to M. L. Sullivan about Manley – his

name in Texas was Hilliard Knowles

& he is a fugitive from justice &c. & Nye

represents him. Nyes affidavits are

on file – Witte – Manleys partner,

has a letter on file also. My oral

testimony before Sub Comt. is to be printed

& I am trying to get them to print my Answer

again with it – Think it will be done

tomorrow-

-23-

McGinn goes home tonight

His testimony & Springs taken

by written affidavit. Telegrams

from Fairbanks today saying

that Manley had wired money

& request that telegrams be sent

from there to Foraker protesting

against my confirmation – also

that Carr is securing a petition

for his appointment as judge.

I will not believe that until I

get more accurate information

My telegram from Henderson.

Am busy preparing a reply

to Senator Nelsons printed brief

against me – also to Nye &

Manleys influence & affidavits.

-24^th-

McGinn went home last night

More telegrams from Fairbanks

in my favor – Foraker is the one

whom they are attempting to reach

The Washington Post has a fine

notice of me this morning – it

gave me a good reputation for

work in Alaska – for travel, mountain

climbing, hunting & general pioneer

work. Arthur Leith, of Allyn

of years ago called – he is working

in the Govt. Printing Office.

A Mrs. Eppinger called me up –

says she used to go to school to

Nan, in Tacoma & asked me to

call – Monday at 2 oclock.

-25-

Beautiful Sunday-

Falcon Joslyn & Parsons of

Wash & Alaska Bank, Fairbanks

in town – they went to see Foraker

- found him all right – but they are

not so sure of Pettus.

The Lelands, of Nome are here.

He went to see Senator Perkins

of Cal. who is also all right.

Tonight – John L. Wilson

reached the city from Belgium –

he wlil go to work for me tomorrow –

Foraker thinks nothing can be

done within 10 days.

-26-

Went up to Senator Nelsons room

in the Capitol at 10. a.m to file some

additional papers & found him

and Roy v. Nye side by side with

the papers in my matter spread out –

filed my papers & turned to go when

he informed me that he had just

received another affidavit & he

stated the substance of it – that the

affiant had seen me on more than

one occasion in the California

Saloon, in Fairbanks, while gambling

was going on there. I asked him

who made the affidavit. He answered

that it was not Nye, but said he

would not give me the name. I said

that the person was a liar and a perjur

=er, whoever he was & left.

Joslyn & Parsons working today

- go to New York tonight. Leland

saw Senator Perkins, Cal. who is

now earnest, - with his coat off –

Wilson – John L. also saw Clark.

Ch. Jud. Com. Senate – he is all right.

Recd. telegram from M. L. Sullivan

Fairbanks, tonight, saying that Carr,

Dodge & Boarman have formed combin

=ation – Carr. for judge, Dodge for com

=missioner & Boarman for clerk –

Will not believe that Carr is treacherous!

-27-

Spent day in my room working on my

“Reply to Senator Nelsons Brief & to

Mr. R. v. Nyes brief and affidavit.”

Snow storm and bad weather.

Nothing new – except that Smith, the

“Post” hotel man who wrote me up three

days ago called, and I think he expected

me to pay him a fee for it – but as I

could not quite tell did not offer him

anything – he will probably come back

Recd. telegram tonight after theatre

from Abe Spring saying that Manley

got on his train at Harrisburg {Pa.} for

Seattle – before the theatre I am almost

sure I saw Mrs. Rice – Manleys

partners wife pass through the hotel.

Spring said in his telegram that Manley

said he had just come from Florida

- I think he and Mrs. Rice have been

laying up somewhere - & that she is

now looking for me. She is a

natural born whore, & Manley

would be fool enough to divide with

her – a fine outfit to be fighting

one – a fugitive from justice &

a prostitute.

-28-

Working on my reply to Nelsons

brief – it seems that Manley

& his friends stirred up quite a

row in Fairbanks & that my

friends are sending as many

telegrams as my enemies.

[March 1906]

-March 1.-

Finished writing My “Reply to

Senator Nelsons Brief, & to Mr.

Nyes Brief and Affidavits.”

Mrs. Ettinger telephoned

for me to come out & visit her again

tonight – Lord, but she is cold –

a frozen potato - & she wants to

talk about “consciousness after

death” and other cheerful topics

in that class – Excuse me! she

ought to move to Boston.

Mch. 2.

Finished printing Reply to Senator Nelsons

Brief. Turner tells me that Senator Pettus

is still doubtful because he thinks I

committed error in vacating the Nelson

judgment. I have taken the 31^st Oregon

from the library & hope to assist him to

distinguish between Banks v Wilson 1. Alaska

241. and Nelson v Meehan, by comparing

with the first Alexander v Ling, & with the

latter Thompson v Connell. Its Hell

that the Judiciary Com. of the United States

Senate should refuse to confirm a judge

for an error – since the U.S. Sup. Ct. often

stands 4 to 5 – and reverses itself even,

it would follow that they ought to be discip

lined – anyway – Recd. letter from

Spring at St Paul saying Manley was

with him & lying clumsily about fighting

me. They must think we are dumb.

-Mch 3^rd-

I called on Senator Pettus of

Alabama today and went over

the points of law raised against

one by Senator Nelson in his

brief. I did the same thing

last night with Ex Senator

Turner of Washington, who

wrote a letter of Pettus asking

him to let me explain to him.

He treated me very nice & listened

carefully & seemed to agree with

me. He agreed to read my Reply

to Senator Nelsons Brief, &

I left him with a feeling that

I accomplished the object of

my visit – but he is careful

not to commit himself.

Capt Jarvis reached Wash

=ington today – he is now with

the President who has offered to

appoint him Governor of Alaska.

- think Jarvis will refuse it, but

I hope not.

-4th-

This morning I wrote personal

letters to all the members of the

Senate Committee on Judiciary

asking them to read my Reply

Brief to Nelsons 10 pages printed

Brief against me &c. and sent

them copies each. Jarvis &

Walter E. Clarke took lunch

with me – Jarvis complimented

me highly on the “Answer to Charges.”

he was greatly pleased with it

& said many comforting things.

After lunch went out to see

Senator Piles who also complimented

me highly on my Reply Brief to

Nelsons Brief & said that

both on the law and on the facts

I completely overcome him –

but I knew that. Piles is

getting ready to fight Nelson

on the floor of the Senate & I

think will have ample assistance.

While at lunch Jarvis told

me about his interview with the

President yesterday – The President

offered him the Governorship &

Jarvis refused – on business grounds

to accept it. The President

asked him to recommend one

of the candidates – Hoggatt,

Perkins or Clum - & Jarvis

recommended Hoggatt – and

put Clum & Perkins last & on

a level. Walter Clarke then

informed us that in the meantime

the President had concluded to appoint

Clum. I expressed dissatisfaction

at that appointment and so did Jarvis.

We agreed that Clum is incompetent –

a weak man – though a good fellow –

and I urged Jarvis to put the matter

again to the President. He hesitates

since the President gave him the opportu

=nity to do that quite fairly and he did

not urge it, but he is greatly exercised

in his mind about it. Clum is a

good man – and so far has a good

reputation, but he is weaker than

Brady - & no more competent.

Clarke also told me that Justice

Brown of the Supreme Court had called

to see the President in the forenoon of

yesterday – that he is just past 70

years of age – and that Senator Knox

called in the afternoon by request.

The intimation is that Judge Brown

will resign soon and that Knox

may have the place if he wants it.

-Mch 5^th.-

R. N. Stevens, Ex Commissioner whom

I removed at Nome in 1901, and who

was the brains of the Noyes-McKenzie

ring, is in Washington. He will hit

me a lick if he can.

Judiciary Committee did nothing

today but it is understood that before

a week the matter will be closed up.

Steve Birch came over from New York

last night & took breakfast with me

this morning. He urges me to go over to

New York and remain a few days as

his & Mr. Ralphs friend, and I am

going. He also suggests that personally

he hopes I wont be confirmed as then

they can employ me as the attorney

for their Copper River Ry & mining schemes.

Since talking to him I am not so anxious

since I am sure I can do much better

as lawyer than as judge

Telegrams from Fairbanks from

Sullivan & Attorneys denying

that Sullivan said at Bar meeting

that I would have revenge & explaining

the situation – also one late tonight

from Birch asking me to come to

New York - & I will go on the 12:30

Pennsylvania train.

-6^th-

Came over to New York arriving

at Waldorf Astoria at 8. a.m.

Called on Brumbaughs at Herald

Square Hotel – at Ralphs office

at 45 Broadway – met Ralph

Arthur. Birch & took lunch with

them and Turner at Delmonicos

After lunch Birch & I called

at the Morgan bank – met

Mr. W. P. Hamilton, soninlaw of

J. P. Morgan: Mr. J. P. Morgan, Jr.

and Mr. Charles Steele, partner.

Later we called & met Mr. Edward

Brush, Sec. Am. Sugar & Refining Co.

Mr. Newhouse, of that co. in charge

of Smelters, - we talked about

the Smelter at Tacoma and Rust

whom we all agreed was a good man.

In the afternoon I called on Judge

Day, and spent an hour talking

about his trip to Alaska &c & I

then went with him via the Under

ground – a Subway back to 33^rd

St. – my first ride on the Subway.

This evening went to the theatre

with Mr. Ralph & Judge Brundage.

- Brundage defended J. C. Haines

- lawyer from Seattle, years ago

when he was prosecutor in New York

for complicity in the Smuggling cases.

Recd. telephone message tonight

from Carruthers saying that Foraker

told him that Pettus is against me.

I am very much disappointed at that

for I thought he was convinced – but

Carruthers said they were also trying

now to get Foraker away by saying

that if I am confirmed it means a

Fairbanks delegation from Alaska!

Was amused while in the great

Morgan bank – the only bit of

business I heard transacted

was when a clerk presented to

Mr. Hamilton a bill for a mastadon

- for the Morgan museum, but the

idea that the greatest bank in

American should be buying a

mastadon – was funny-

-7^th-

Called on the Brumbaughs &

went down town awhile. Dinner

at Waldorf Astoria with Mr

Ralph – Judge Day & Mr. Turner

Went to the Hippodrome – the

greatest specutacular play

house in America.

-8^th-

From New York to Washington

Nothing new, except Naval Orders

say that Darrell is an Ensign.

Governorship of Alaska still

in the air – has been offered to

Walter E. Clarke, correspondent

of Seattle P-I. but he refused it.

-9^th-

Called on Pettus again this morning

and showed him Nelsons letters

to me, &c. Also saw Piles who saw

him yesterday – Piles says he

is against me – and I now think

so I am greatly discouraged

and tired of the struggle & feel

like resigning & going home.

Have today telegraphed to Judge

Day to come over – when he comes

I intend to consult with him

seriously upon the subject &

do something.

-Mch. 10^th-

W. B. Hoggatt of Juneau

appointed Governor today.

I think it a good appointment

and am greatly pleased – it is

a much better appointment than

Perkins – Jarvis was my choice –

Hoggatt second – with Clum 3^rd &

Perkins last. Hope Hoggatt

will be confirmed without trouble.

Recd. telegram from Judge Day

saying he could not come over

from New York just at this time.

-March 11^th-

Took dinner this (Sunday) evening

with Walter & Mrs. Clark. There

was also present Mrs. Jarvis &

Miss Dorothy, and Mrs Allen.

I think Walters sister. We had

a nice little dinner – and a pleasant

and friendly talk. Mrs. Clark & Mrs

Jarvis are good women – just pure

gold. Miss Dorothy is interested

in Darrell and thinks his member

=ship in the “Red Mike Club” is or

was very funny – Mrs. Jarvis

told me that Jarvis spoke very highly

of my defense to Charges against

my confirmation. Either Senator

Nelson or some one for him said

to the President this last week that

he – the President – had better be looking

for some one to take my place since

even Senator Knox was going back

on me and would no longer support

me – the President sent for Knox

& told him and the Senator very

forcibly denied it and told the

President that he was stronger

than ever for me.

-12-

A funny thing occurred just

now. I was coming back from

the Capitol in the street car. Just

about opposite the old Metropolitan

Hotel a man got on – came in the

car – spread out his coattails

to sit down – saw me – and flew

out as if scared to death! It was

Nye – He stood for a minute on

the back end of the car, carefully

hiding his face & then got off

& walked from the car with his face

turned the other way – poor

pitiful coward. I would’nt

soil my hands with him but

he is so cowardly that he fears

I will.

Before I came east I received

a letter from Mrs. Mattie Johnson

asking about Adams mines in Alaska

- she said to direct my answer in

care of an Insurance man by the

name of Cave here in Washington-

I did not answer – but Saturday

I called Cave up on the telephone

& asked him her address – he

stammered & said he thought she

lived on 11^th St. – that he would find

out & let me know. This evening

while I was at dinner her card

was brought in – after I finished I

went into the ladys corridor & there she

sat – with Mr. Cave!! Paint & powder

- perfume and jewelry – she looked

like a modern Cave woman! I

judge he is keeping her as his

mistress-

-13^th-

Learned today that Senator

Pettus is against me basing it

upon the alleged fact that I erred

in setting aside the decree in

Nelson v Meehan!! This gives

the enemy at least a majority

of the Sub-Committee – Nelson

& Pettus. Also called on

Senator Blackburn of Ky. &

found him an interesting man,

- but non committal. I only

wish they would act – so that I

can go to New York & close up

the Rosene suggestion that I

look after the R.R. & mining interest

for his people there-

French and his wife (whom he

married at Valdez) & Van Hook – my

old Eagle City friends (?) are the

prominent features of Raleigh

Hotel life these long days –

French says he is running a news

=paper in Arizona, & that he is lobby

=ing against the administration State

hood bill – against the bill creating

one state out of Arizona & New Mexico

- which Senator Foraker has

succeeded in killing – so far.

How French & Van Hook et. al. live

- & what for, I cant find out.

Recd. nice letter from Judge

Day – New York – tonight – He

says that he is just writing to

Senator Knox, - and that if there

is anything specific he can do

he will come – but that he

wants to be here when it will be

most effective, &c.

Telegraphed to Clum, asking

him to come over & help me get

Frances S. Ettinger, place on her

civil service papers &c.

-14-

Went over to Dept of Justice &

talked with Solicitor Genl. Henry M.

Hoyt – told him condition of Nelsons

fight & told him I thought of

resigning & in my letter to the Pres

=ident setting forth the facts of

the exploitation of Alaska Judge

ship & courts by U.S. Senators

Heyburn, Nelson et. al. He said

he would talk to Knox about it

tonight – Also told Walter E.

Clarke. Clum came over &

will introduce me to Cortelyou

tomorrow. Also met Delegate

M. A. Smith, from Arizona who

hates Nelson like poison –

The Nelson people are now working

against me hard – and poisoning

Senators as much as possible

- it looks like a hard fight

- and Nelson the sole judge

& juror. But --

-15-

My talk to Clarke yesterday

started Jarvis out to do a little

work – he saw Dillingham who

told him the Jud. Com. would report

on Monday – that my reply brief

had made Nelson angry – that he

took it as an attack, &c. which

I am glad of, since the old square

headed Norwegian was poison

anyway – and the realization that

other persons know his bias &

prejudice may force him to be

more decent. I am afraid that

Blackburn is against me –

will get Turner after him tomor

=row - & Piles also – some

of Pettus friends are still at

work on him – but I fear with

little hope of good.

Sent a telegram to Geo. T.

Reid, Tacoma, asking about

Debbie – yesterday – but no

answer yet. Have not heard a

word from her since she received

copy of “Answer to Charges.”

-16-

Louis P. Shackleford, lawyer

from Juneau came to see me this

morning & has been spending

the day helping to strengthen my

chances for confirmation. He saw

Senator Piles & waited over to see

Senator Blackburn. Talty, the

Raleigh Hotel Manager, also is

interested – he invited Mr. Micou

to lunch with me, and got us acquain

=ted. Micou is son in law, and

law partner with Ex. Sec. of Navy

Herbert, from Alabama, and I

am to meet him in the morning

- he is supposed to have great influ

=ence with Senator Pettus – but

I do not look upon Pettus as

open to argument – I think

he is sure against me, - but

I will go and meet Mr. Herbert.

Dr. Whitehead is back & is at

work – he has telegraphed - & so

did I – to Henry Bratnober – at

Piedmont, California, asking

him to telegraph to his friends here

- we want Mark Smith, delegate

from Arizona to help with Senator

Blackburn, & so advised him.

Am sorry but Senators Bailey

& Gearin are both out west –

both are my friends.

Nothing from home yet.

Newspaper men are nearly always

good to me – E. B. Smith, is the

hotel reporter for the Washington

Post, and works for me in season

& out – he just came in to tell me

that Bratnobers telegrams are

coming in - one to Ex. Gov. Murphy

of Arizona, has started him & others

to work – Smith feels quite confident.

-17^th-

Recd. telegram from Walter Christian

Tacoma saying Debbie all right

& later one from her to same effect &

saying: “Am well and proud of you

fight to a finish.”

Louis Shackleford did not get to

see Blackburn – looks bad – but

may be Judge Turner can do some

thing with him. Nothing much

today – but much on Monday.

-18^th-

Called on Jarvis & wife at Shoreham &

Dr. & Mrs. Whitehead at Riggs. Walter

E Clarke & Louis P. Shackleford present.

Also Major Richardson. Tonight E.

B. Smith, reporter for the Post came to

see me. He told me two or three weeks

ago that Col. Phil Thompson of Ky.

had long been a lobbyist & controlled

Senator Blackburns vote – through

his unreasoning friendship & trust

& now tells me that Gov. Murphy

of Arizona, a mutual friend, tells him

that Thompson has prevailed upon Black

=burn to vote against me – we believe

& Murphy seems to , that Thompson is

working for a fee from some one-

I can hardly believe that a Kentucky

Senator is so venal or cheap!!

If it is true that money has been

used for that purpose it explains

Manleys presence here in hiding.

Well. I wont buy any Senators

pimp – even if I am defeated!

-19^th-

The Judiciary Committee of the

Senate met at 10 oclock – and

did nothing, but fix my case for

next Monday.

Have learned

that Mrs. Clarke is a relative

of both Senators Bacon of Georgia

and Daniels of Virginia – and

she is a most charming woman

besides. Jarvis telephoned

asking me to take dinner with

him this evening – Mrs. Jarvis

has gone to Baltimore.

Had a fine dinner with Jarvis

& Clarke at the old ante bellum

“Hancock” restaurant on

Pennsylvania Ave, south side.

block west Post Office – fried

chicken & gravy & hoecake –

cooked by a big fat negro

“Mammy.”

Dick Ryan says that he inquired

& found out that no formal report of

the Sub Committee will be made to the

full Judiciary Com: That Nelson

wants to make a strong report against

me – but that Pettus wont sign it - &

will make a very mild one – & Foraker

one in my favor – so they will just

state their views orally to the Com.

& let that body take the responsibility

That is better than I expected even

if it is not what I wanted -

-20-

Nothing new – Jarvis goes home

today or tomorrow.

-21^st-

Telegraphed Harlan today that

there would be no court at Fairbanks

till June- cant get in if I wanted to.

Jarvis saw Nye & Col. Phil.

Thompson meet in the Willard Hotel

& go off together – that connects

with our information that Senator

Blackburn will support Nelson

in his fight against me – for

Thompson is known to be the

advance agent for Blackburn.

Pettus told Ex. Sec. of Navy

Herbert – that he was against

me – but that I would be confirm

=ed, and also told my friend

E. B. Smith, of the Post, the

same. Major Richardson

& Talty, Mgr. of the Raleigh Hotel

are now at work also. Called &

paid my respects to Postmaster Genl.

Cortelyou today – he treated me

very nicely.

Senator Baileys father

died today & he went south.

Am afraid this sad event will

keep him away when my case

comes up before the Senate.

-22^nd-

Saw Senator Patterson & told

him about Blackburn – he will

fight for me & said Blackburn

was doing wrong – also saw

Piles & same. Letter from

Arthur – lawyer & he wrote me

to send copies of my Answer &c.

to Mr. Frederick de C. Faust.

Dept. of Justice, who thinks he can

do something with Senator Pettus!!

Patterson told me that both he

& Spooner had attended Jud. Comt.

meetings regularly on my account,

& had made arrangements to be

notified if my case came up in

their absence.

-23^rd-

Went up to capitol today with

Ex Governor Swineford (of Alaska)

& called on Sulzer (N.Y.) They

went & called on Senator Tillman

(S. C. ) who promised to support me,

and also on Culberson (of Texas) &

Bacon (of Georgia) both of whom, they

report, are friendly. This afternoon

Major Richardson, U.S.A. & my

newspaper friend Ed. B. Smith, of

the Post, called on Culberson at his

house – they had a long & satisfactory

interview. The situation seems

better today than ever & I now

have confidence – but – wait!

The Committee meets tomorrow

- Saturday – though I dont quite

know about it. Sulzer says

he can reach & control Col. Phil.

Thompson & Blackburn – but I doubt

it. Saw Nye today at National Hotel.

I called at the Smithsonian Institution

today & paid my respects to Prof. Dall

who wrote “Alaska & its Resources” &

at the National Museum to see Prof. Otis

Mason – had long and interesting talk

with both about Alaska & Pacific

coast ethnology. Prof. Mason agrees

with my theory of the Asiatic origin

of the American Indian.

E. B. Smith, reporter, calls

Senator Pettus “Old Confucius,”

and the idea is not inappropriate.

He is 84 years old, a typical man

of the south & west – a “49er” in

California, a leader of the Confederacy

- and very much of a philosopher.

Smith was praising my good qualities

and the old Senator in his broad

southern brogue said to him,

“Whaw did you know him?”

Smith has been a reporter on the

Post for 15 years & Pettus knew

it – Smith greatly enjoys

his “Whaw did you know him”

it demonstrated that the old man

knew that Smith was a partisan

friend rather than an unbiased

and knowing witness.

-24^th-

It was a mistake about the

Com. meeting today – there was

none – it is to be held Monday.

Was invited to dinner with

Dr. Whitehead and the gentlemen

interested in his Alaska banks,

but on yesterday I invited Major

Richardson to dinner with me,

so declined. Talty dines with us.

Very quiet but enjoyable dinner with

Talty & Richardson – Talty was

drunk to start in on – so the Major

and I were so chagrined with his

antics that we refrained from getting

full. Dr. Whitehead & the Ailes

Bros & friends had a fine dinner

in the Rathskellar – Gene. Ailes

leaves tonight for Seattle & from

thence in June for Nome-

-25^th-

The P.I. ~~today~~ of the 20^th at

Walter Clarkes office announces

the death at Valdez, of Ed. Harlan

I am greatly shocked and sorry

at the news – for it will just about

break Mr & Mrs Harlans hearts,

and I know the sorrow and loss

- Howards death cut me off

from the happiness of a son in

my old age – I must grow old

alone, and they will feel the same

- though they have grandchildren.

Letter from Debbie who tells

me that Ed. Harlans death resulted

from blood poisoning. She writes

unhappily – Damn the office of

Judge! I wish I were out of it.

- may be after tomorrow &

dont care.

Dinner tonight (Sunday) at the New

Willard Hotel, with Governor W B.

Hoggatt, Senator Hemenway & Major

Richardson & Newell, late of the

White Pass Ry. Hoggatt & Senator

Hemenway (of Indiana) will go to

work now to secure my confirmation.

Also met lawyer Francis J. Heney,

who defended Judge Noyes and

prosecuted Senator Mitchell, of

Oregon. Heney is a small man

but with a bright & piercing eye –

he looks the lawyer that he is

reputed to be.

For three days my left jaw has

troubled me – it seems to be at the

junction of the upper jaw bone & the

ear bones – if any ear bones reach that point.

Have been putting a plaster on it at

night – but it is worse tonight

It seems to be from cold-

-26^th-

Senator Nelson asked that my

matter go over until next Mon

=day so that he could have a

statement and report printed!

Evidently he now knows that the

Com. is against him & Col. Phil

Thompson & Nye have urged him

to procure their arguments on the

law and facts – an arraignment

anew – to be printed so that it

can be used with other Senators.

It was stated that his report &c was

to be “secret” – from me evidently.

It went over at his request.

I telegraphed result to Shackleford

Judge Day & Ralph – New York.

I also telegraphed for Birch & I

intend now to organize a working

fight – will ask Committee for

copy of Nelsons report & a chance

to answer it in writing.

Birch will be here tomorrow.

-Mar. 27^th 1906.-

Went up to See Sulzer (N.Y.)

today & he told me that he had

a talk with Col. Phil. Thompson

of Ky. who told him that he had

been employed by Manley & paid

a fee to fight me – that the post=

ponement of my case on Monday

was at his suggestion & that he

prepared Nelsons report to be

printed for Nelson. He also

said that if I was Mr. Sulzers

friend he was sorry that he had

assisted Manley – that he would

quit & would tell Senator Black

to vote as he pleased now, &c

Gov. Hoggatt went up to Atlantic

City to consult Sec. of the Interior

E A. Hitchcock – will be back

tomorrow – Birch will be here

tomorrow also. Saw Piles but

he knew nothing new – Dinner

with Walter & Mrs. Clarke –

Brumbaughs in City – at Ebbitt.

-28-

Automobile ride with Mr & Mrs

Brumbaugh – Birch here & spent

day with him – He & Gov. Hoggatt

took dinner with me.

Saw Baring of the old Copper

Case from Wilkesbarre, Penn. at

the New Willard – the “pack” is here

to fight me – and Nelson is to do

the work for them in the Senate.

Birch went back to New York

tonight. Wish I could go home

- I hate to sit around here as if

I wanted the damned office – When

I would be much better off without

it. – But I intend to make them

earn their victory if they get it.

-29^th-

Went to Geological Dept. with Hoggatt,

to get map of Copper river railroads, &c.

Telegram from Ralph, N.Y. that a

Mr. Goodwin would come over to assist

in fighting the Copper trust theives from

Penn. – Am told that O. P. Hubbard is

here “knocking”. Birch saw Senator

Carter of Montana before he left, & says

Senator is all right. Theater party

with Sulzer tonight at New National.

- his guests were: Miss Kirby, Gov

Hoggatt, Capt. Dickens & I.

Lunch at New Willard with them.

-30-

Took breakfast at New Willard

this morning with Hoggatt, to meet

Capt. Radcliffe of English army &c.

& Paul Niedieck – a German

who hunted two years ago in Kenai

peninsular, and whom U.S. Dept. Mash

Geo. Sexton arrested – they are interested

in that row, and in a rumor of an ibex

which they (and I, too) have heard about in

the Alaskan mountains. Am to take

lunch with them at 1 oclock. The went

out walking with Pres. Roosevelt yesterday

- he run them out through the woods, & over the

hills & nearly killed both with the violence

of the exercise. Birch is back this

morning & Goodwin is out to see

the Pennsylvania outfit to discover

what their game is – (over)

30^th continued

Goodwin reported to me that he had

talked to Penrose who said that the

Wilkesbarre “copper crowd” had

been to see him in force yesterday &

had urged him to oppose me, but that

he had not agreed to do so, &c. I am

glad that that fact is established as

it makes more certain the truth that

my opposition comes largely from

that crowd. Birch busily at work.

Saw Sulzer this afternoon – he had

seen several senators & insists that

Pettus will vote for me! – but I dont

believe it.

-31^st

Falcon Joslin saw Dillingham

- he was not friendly – and seemed

to take the view that since there was

so much objection – it might be better

to change – to refuse to confirm.

Joslin found out that Hubbard

had been to see him & to “knock”

He told Dillingham about the char

=acter of those who were doing the

knocking & says he left him

in a better frame of mind. Dilling

=ham gave Joslin a letter to Nelson

& asked him to go and tell him the

story that he told him – but Joslin

could not find Nelson tonight

I went up to see Dubois – Senator

from Idaho, but did not find him.

But little done today. Gov. Hoggatt

saw the President who told him

he wished me confirmed & gave

the Gov. a letter to Senator Knox

to that effect.

[April 1906]

-April 1^st 1906-

A beautiful sunny Sunday –

Falcon Joslin went & interviewed

Senator Nelson today – he is bad!

Joslin says he is loud & frantic

in his denunciations of me & will

fight me bitterly. He says my enemies

are good – and I am bad. Joslin

was disgusted with his malice

& prejudice and thinks that nothing

can be done to get him to hear

or consider my defence or my

side of the case. Took dinner

tonight at New Willard – Joslin

took dinner with me & Hoggatt

Birch & Goodwin smoked, &c.

Wrote letter to Debbie – received

one from her this morning –

Carruthers, of Ohio, saw Foraker

this morning & says he is O.K.

-April 2^nd-

Monday – My case came up

today before the Judiciary Committee

of the Senate – Senator Nelson read

a charge & made a statement of the

facts in support of it against

me – Senator Foraker defended &c

and thus for the two hours. Then

the matter went over as unfinished

business until next Monday.

Gov. Hoggatt saw Senator Knox,

who told him that I would be confirm

=ed – though he criticised me for

criticising Nelson in my Reply

Brief. But if Knox knew the

provocation he would not feel so.

Falcon Joslin saw Senator Bacon

& had a very interesting talk with

him – he is for me. Joslin had

another talk with Dillingham

& says he is also, and strong

reports of Blackburn in same way.

Goodwin reports Penrose quiet

& probably friendly. Birch &

Goodwin – also Joslin – went to

New York this evening. Things

look more satisfactory – so far

as the Committee is concerned than

ever. Forakers strong support

is greatly appreciated & strengthens

me generally. It may under-

=mine Pettus opposition and will

certainly weaken his inclination

to fight me – if he has any –

Lopp – of Cape Prince of Wales –

at dinner with me tonight –

Joslin has done me much

good & offers to come back the

last of the week and do more

- I want him to see Kittredge

-April 3^rd-

Telegraphed to Tacoma for N.P.

Agent to send me receipt for my

fare to Chicago – intend to make

up quarterly account against

the U.S. for my expenses to Washing

=ton & try & get it paid. Also

drew my March salary.

Walter E. Clarke took lunch

with me at the Raleigh –

Spent a couple of hours with Gov.

Hoggatt at the Willard – he is

packing & will leave Washington

for New York tomorrow & then

westward! He says that Senator

Hemenway of Indiana & Vice Pres

Fairbanks will not let any thing

be undone to secure my confirmation.

He thinks it is sure, and so do

they. Hoggatt is my strong friend –

and says he will come back to help

if I think it necessary &c.

C. A. Snowden, of Tacoma

is at Willard – My affairs

look satisfactory generally.

-April 4^th

Everything quiet – Went up to the

House & with Gov. Swineford called

on Sulzer – he is at work and

declares everything satisfactory.

Saw Senator Bailey in the Library

of Congress : he was very kind & said

he would go to work at once &

that Blackburn would be all right.

-5^th-

Went up to House and saw

Sulzer again – he says there is

no doubt about the Judiciary

Com – that Pettus & Blackburn

have both promised him to vote

for me; he advises me to let the

Committee alone – that the situation

is so good that more work would

only do harm - but, Sulzer is so

optimistic! Also saw Senator

Gearin, and talked with him

about extending the U.S. water

laws to Alaska - & called his

attention to my decision in

the Revenue Mining Co. case &

to Judge Browns opposing position

in the Kethican Waterworks case;

He will look into it and asked me

to prepare a bill to extend the law –

Sulzer saw he would attend to it

in the House.

Thumm, a miner from

Rampart, Alaska, called on me

this afternoon & I invited him to

dinner & then we went to the New

National Theater – to see the Irish

comedians. After we were seated

Senator & Mrs. Ankeny came in

& sat beside us – Mrs. A. next to

me. The Senator introduced me

& I had a pleasant time between

acts talking to her about baskets

- Indian baskets, Alaska &c. They

were both very pleasant to me &

seemed to try to be friendly - I

accepted their kindness & returned

it in kind. Thumm is going

to call on Nelson tomorrow &

tell him that the working miners

in Alaska want me confirmed.

-6^th-

Called on Senator Piles &

during the conversation I

promised to give his brother

a deputy clerkship – at $250

per month – so as to help him

get into business – Piles put

it on that ground distinctly.

He also says that I will be

confirmed & that Senator

Overman, of North Carolina,

has assisted in the matter.

Saw Vice President Fairbanks

on Pennsylvania Ave & he

stopped to shake hands &

also to introduce me to a Senator

Prepared a bill for Senator

Gearin of Oregon – to extend

to Alaska the U.S. laws of

water right, and rights of

way for ditches &c.

Goodwin, of Pa. is at work

with his people to keep Penrose

from opposing me – hope he

will succeed.

-April 7^th-

It now seems probable that

my case may be closed up before

the Committee on Monday – of course

Nelson may carry it over again but

it ought to be closed up then & the

Committees report made to the Senate.

Birch & Goodwin here & at work.

Received a telegram from Metson,

Atty, San Francisco offering aid & ans

=wered that he could influence Senators:

Recd. bundle of Fairbanks News,

of date of Manleys telegrams for

protests to Foraker, and they contain

the efforts of my friends to offset

Manleys efforts – will file them

with Patterson for use with Comt.

Papers also disclose that Harlan

has appointed Geoghegan as his

stenographer instead of Ed –

-8^th-

Called to see Senator Patterson

at Highlands Hotel this morning

& gave him recent copies of

the Fairbanks News about

telegrams &c in my favor & he

promised to be on hand at the

Committee meeting tomorrow

& fight my battles. He seems

confident of victory & complimented

me highly – said that all the

evidence when the Senatorial

Sub-Com. was in Alaska in

1903 – Dillingham, Nelson,

Burnham & Patterson – was

favorable to me & that their

judgement was also favorable

& so announced when they

returned . He now scores

Nelson for unjust and arbitrary

actions against me.

Dinner with Birch, Sulzer

& Goodwin at New Willard.

Whitehead & Jarvis there, too.

We are all looking forward

to tomorrow hoping that my

matter will be about finished.

Long rides on street cars

today.

-9^th-

Went up to Senator Pattersons

office in the Capitol & gave him

list of precincts & petitions for

my confirmation &c. The matter

is now before the Judiciary Com.

& I must submit patiently to

their judgment – be it good or bad.

Committee met but Foraker

was not present & case went

over till next Monday – after

some discussion.

Will go over to New York for

two or three days for a change.

Am damned tired of Washington.

Went to New York on afternoon

train. Birch went to Chicago.

Clarke & Smith both agreed

to keep me informed.

Arrived Waldorf-Astoria

- met Joslin, Ralph & with

Goodwin.

-10^th-

Down town this morning & to

Leggatt Bros. Book store – 81 Chambers

St – but found nothing of importance

Am satisfied that Lowdermelks

in Washington, and McClurgs

in Chicago are the best book stores

in America – especially for

Americana. Called on Judge

Day – who is now the Auditor of the

Equitable Life Ins. Co. and took lunch

with him at the Lawyers Club - 120

Broadway. He is much interested

in my confirmation, and is aiding me.

Went to the theater – the Lyceum,

45 St. between Broadway & 6^th Avenue,

& was greatly interested in Grace Elliston

who played “Shirley Rossmore” in the

Lion & the Mouse, - a protest

against the control of the courts

by the great money power in con

=nection with the U.S. Senate.

It is my case to a dot, & I

am tempted to send her a copy

of my briefs &c. as an actual

case.

-11^th-

Got up late – went to Ralphs

office & consulted about Barrett

& others from Alabama trying

to induce Senator Pettus to get

into line & sign report with

Foraker. Lunch with Turner

Arthur & Mr. Ralph at the

Lawyers Club. Afternoon

went in hansom with Mr. Ralph

the Bowery & Mott St.s, and other

down town streets. They do not

look particularly bad from the

hansom, but still I suppose the

are more so at night. Went to

the Victoria Theater with Mr. Ralph

& saw “The Vanderbilt Cup,” an

extravaganza of New York life –

Birch back from the west and

saw him for a moment after

theater. My trip to New York

uneventful, and I go back in

the morning to Washington to

renew the wait for Senatorial

action.

-12-

Back to Washington this after

=noon at 4 oclock. Walter Clarke

knows nothing new. Ed. Smith

says that Clark, chairman of the

judiciary Com. said he thought I

would not be confirmed: Governor

Swineford says there is no doubt

but that I will be. Norman

Shultz, Mr. Ralphs partners is

here tonight – but I am afraid

that he talks too much & with

no sort of judgment. He was

in my room just now – and was

champagne talkative. .

Recd. letter from Clum containing

copy of his printed announcement

of his candidacy for delegate to

Congress from Alaska, - with his

picture on both front & back page.

I am afraid he is going to spread

it on too thick altogether & will

estrange the people by his

imprudence.

-13^th-

Saw Bailey this morning & he will

talk to Foraker & try & get the

Com. to do something Monday –

Sulzer says that Knox told him

it was O.K-. Sulzer went over

to New York today with Gov. Swine

=ford, but promised to come back on

~~Saturda~~ Sunday night so as to

be present Monday.

Walter E. Clark is in trouble with

the President about an alleged betrayal

of newspaper secrets – the President

is wrong – clearly wrong – and has

not given Walter a chance to explain.

He has gone to see Senator Knox, to

have him explain the matter to the

President. Mr. Frank Arthur

of New York is here – Shultz is also

here & working with Barrett & other

southerners to get Pettus into line.

Saw Shultz & Barrett just now

at New Willard – Barrett will see

Pettus in morning – he is against

me – but they may keep him quiet.

-14^th-

Clarke got Senator Knox to go to the

President this morning & straighten out

his trouble – it was done successfully –

though Walter yet feels badly hurt at the

reckless manner in which the President

treated him without a hearing.

Knox and Piles both say I will

be confirmed – but I will feel safe after

it is done & not before. Patterson

has gone out to Colorado and wont be

on hand to vote on Monday.

Heard the President deliver his

“Muck Rake” speech at 2:30 at

the laying of the corner stone of the

Office building of the House of Represen

=tatives. Joslin is at work & so

is Shultz & Barrett, but nothing

done of great moment today.

Was rather disappointed in the

Presidents “Muck Rake” speech.

He is largely responsible for the existence

of the “Muck Rake” in the Magazines

- and is open to the criticism that as

soon as they attacked his friends

he denounced them!!

15-

Schultz and Barrett with all their

Alabama influence have been unable

to move Pettus – he cannot be brought

to vote for me – but is rendered much

less harmful than formerly –

Joslin saw Blackburn and says

he is hostile – There will be three

votes against me sure – Nelson

Pettus & Blackburn – with Kittredge

doubtful. I think all the rest are

safe – but no battle is won until it

is ended. Much criticism of

the Presidents speech yesterday on

account of its alleged socialistic

tendencies. Dinner with Walter

& Mrs Clark - & Miss Dorothy – tonight.

They are very much irritated over the

Presidents threat against Walter &

denounce him & Loeb for unfairness.

Beautiful Sunday. Spring is here.

Recd. letter from Debbie.

Joslin did not see Kittredge

Nothing known about him yet.

[portrait photograph]

[photo caption:]

“SENATOR FORAKER OF OHIO, WHO LOOKS”

after my interest before the subcommittee, & also

before the Judiciary Committee.

[portrait photograph]

[photo caption:]

“SENATOR KNUTE NELSON OF MINNESOTA”

The worst apache on

the reservation.

My one bitter opponent.

[portrait photograph]

[photo caption:]

“SENATOR PETTUS OF ALABAMA”

the third member of the Sub Committee

who “chaws terbaccer” – and wont

sign a report one way of the other,

and says to my friend Smith

“Wha did you know im?”

“Old Confucius” – Smith calls him.

-16^th-

Nelson stole a march on me today

by asking that the matter go over

another week – that he had new

charges to formulate and desired

more time. Senator Bacon

denounced the action but senator

=ial courtesy carried it.

But I intend to stay by the

damned old Norwegian peasant

and fight him to the end and

beat him if possible. The

Chairman, Clarke of Wyoming

suggested that if they resorted

to new charges every time the

matter was closed – there would

be no end to the matter – he is

now resorting to what he so

viciously denounces in the

Nelson v Meehan case.

Wrote to Debbie – not a

pleasant letter, but as pleasant

as I felt. Intend to go to work

myself tomorrow & end this

fight – next Monday. Senator

Pettus was not present at todays

meeting of the Committee – his

wife is very sick, and reported to

be hopelessly so. He has shown

so much consideration for me

notwithstanding his judgment

against me, that I shall be sorry

to hear of her death – it will

kill him too if it happens

since he is 84 years old.

-17^th-

Went up & saw Piles & Bailey

this morning & urged them to put

their personality into my fight – they

will. Also called & gave Nelson

a letter asking for the new charge

- Senator Clark, Ch. of the Jud.

Com. had told me it related to the

injustice!! done to Marshal Richards

at Nome – Nelson said that he had

received 4 affidavits on Monday

morning about it – but that they

amounted to nothing – that the accom

=panying letter referred to an affidavit

from Seattle that would contain the

facts upon which the real charge

would be based – that if that affidavit

did not get here by Monday he would

pay no attention to the charge at all.

I understood the whole matter from

his statement – the four affidavits

are made by some of Richards friends

and the one which they expect to get

in Seattle is from Lena Walton!

I wonder they did not send the one she

made in U.S. v Richards & Jourden!

I immediately telegraphed to Walter

Christian for him & Sullivan to see

Lena Walton & get her to make a fav

=orable affidavit, - that I wished to

keep the Richards matter out of sight

on Sullivans account much more

than my own &c. I also wrote Judge

Day, asking for so much of his report as

related to Richards: & telegraphed to

the Clerk U.S. Ct. Ct. of Appeals, San Fran

for record & briefs. Ans. received saying

that record was not printed but briefs

forwarded. Wrote to Dr. Whitehead

informing him of situation – he is in

New York. Heard today that Pettus

was annoyed by the onslaught made

on him by the Barretts – Editors of

Demo. newspapers in Georgia & Alabama

- think that Schultz overworked it.

Cushman also told me that Kittredge

is against me – without doubt.

That leaves the Committee 8 to 4 in

my favor – Nelson, Pettus, Blackburn

& Kittredge hostile. I am not sure

though about Dillingham – but am

of all the rest. I think this last

move has hurt the opposition about

as much as Barretts hurt me with

Pettus. I will keep my fool friends

away from here after this – but I

could nt drive Schulz away – he

came without invitation, and raised

merry hell.

April 18^th 1906.

Great San Francisco Earthquake

Telegraphic dispatches all day

about terrible earthquake in S. F.

I went & called on Atty. Genl.

Moody - & urged pardon of Notti,

- he did not respond very favorably.

After we had finished that he asked

me about my confirmation & I told

him about the last move of Nelsons –

He seems friendly enough – I also had

a good talk with Solicitor General

Hoyt, & told him the details. He

expressed surprise that Kittredge

is against me and promised to see

him and explain the Departments position.

Col. Clay, Genl Agt. Dept. of Justice

promised to recommend $10,000.

appropriation for a jail. Talty[?],

Mgr. Raleigh Hotel told me today

that Col. Boynton, Mgr. Assoc. Press,

had talk with President Tuesday & the

Pres. told him that he was anxious to

see me confirmed & spoke highly about

me, but said that he could not control

the situation in the Senate, &c.

Wrote letter to Debbie today -

Nothing from Walter Christian yet.

Assisted E. G. Rathbone with his

contract with Spaulding in

re. collection postmasters acts

hope he succeeds – he is also trying

to get hearing on his Havana postoffice

charges of embezzlement.

-19-

Wrote to Debbie & sent her a

check for $200. also clipping

out of magazine (May, Cosmopolitan)

of picture of Darrell in charge of

sailors at Cherbourg, France,

in charge of Admiral John Paul Jones,

body. Nothing new today except

a nice letter from Falcon Joslin

sending copy of a strong telegram

to Senator Piles urging my confirmation

San Francisco horror grows –

the city is practically destroyed – first

by earthquake & then by the fire.

-20-

Senator Piles told me today that a

Senator – a member of the Judiciary

Com. (think it was Clarke) told him

that Spooner was against me. Walter

Clarke saw Spooner & says he is not

enthusiastic – is doubtful. I telegraphed

McGraw & Abe Spring, Seattle, for telegrams

strengthening him, & Piles will urge him

also. Sulzer says we are all right.

- and Foraker says they must do something

on Monday.

-21^st-

Genl. Drain, Dave Wilson &

J. M. Frink in town.

Wrote letter to Clarke, Ch. Judicary

Com. today – defence against Lena

Walton – Marshal Richards charge.

After writing letter showed it to

Piles who suggested a change – made

the change & gave the letter to Clarke.

Did this so that the case could be

heard on Monday without delay.

I am now in real doubt

about the outcome of my case.

If Spooner goes against me

I will have a slim show &

will lose courage because he

is – or ought to be an unprejudiced

juror and Nelson would be

so encouraged with his being

against me that he could easily

get enough more to do me up –

Gave Walter Clarke letters

of Nelson & he will see Knox &

try & get him to show Spooner

the truth. Piles is to see him too.

Received telegram from Walter

Christian, Tacoma, today after

I filed my letter saying that Lena

Walton had not and would not

make an affidavit in the Richards

case, - if Nelson is depending

on that, then, he will not file his

additional charge on Monday –

But it may be something else.

Called on Senator Burnham

today and had good visit with

him; D. A. McKenzie was in

his office – and from remarks

made by him I gathered that

Mc has been “working” some sort

of a scheme among the Senators

friends up in New Hampshire.

-April 22-

Well I am in Washington

now nearly 3 months, and it

looks as if I might fail to get

the confirmation after all. I

can hardly beleive yet the Spooner

is against me, but the steady

effort – earnest, masterful and

malicious which Nelson has been

making may bring about that

result after all. It hardly

seems possible that the Judiciary

Com. of the U.S. Senate will permit

a packed jury to violate truth

and justice in that way – but

then they are men – just mere

men, with their own important

matters to look after – and really

abstract justice is unimportant

when politics or self interest is

at stake.

Went out and saw Sulzer at

his rooms (131 B. St. S.E.) today –

he is sure of tomorrows result –

but I am less sanguine. If

Spooner is against me, then I am

afraid of Dillingham also and

possibly Culberson – and that beats

me. I ~~felt~~ feel like resigning and

roasting the whole bunch in my

letter to the President – then going

home. For two years now I have

been under constant fire, and though

I have won so far – it is at a

great expense of comfort and

happiness. I am willing to

sacrifice myself to uphold the

courts – the law and justice – but

I am growing to believe that longer

sacrifice, including my wife, is

worse than to step aside & let

someone else bear the burden.

Still I hate a coward – I will

let the matter go to a test tomorrow

- & then?

April. 23^rd. 1906.

The Judiciary Committee today

made a favorable report in my

case by a vote of 6 in my favor

and 4 against me.

For me: Knox, Foraker, Bacon,

Clarke, Culberson, Patterson

Against me Nelson, Pettus,

Kittredge, Blackburn

Absent. Depew, Spooner & Dillingham

Foraker was instructed to

report the matter to the Senate.

My! But it is a releif.

While this does not by any

means end the fight it gives

me a great advantage &

without it I must have been

defeated. There as no polit

=ical significance in the vote,

for 3 who voted for me – Knox,

Foraker & Clarke are Republicans

- the other three are Democrats.-

while Nelson & Kittridge are

Republicans & Blackburn &

Pettus are Democrats. I

suppose the matter will come

before the Senate at once & at

any rate it will be settled – for

or against me, so that I can

go to work-

Telegraphed Debbie the

result, also to Mr. Ralph,

Falcon Joslin & Judge Day

in New York. Clarke sent

McGinn a telegram to Fairbanks.

My friends are pleased – so far.

Had lunch tonight at New

Willard with Wm Sulzer (M. C.

from New York) a Mr. Beebe from Mass.

and Harry White, Seattle. Sulzer

was just from a White House reception

where he met Senator & Mrs Blackburn

- he chided the Senator for not voting

for me today as he had promised

Sulzer he would – Blackburn told

him that he intended to do so but

that Nelson appealed to him to vote

with him, saying that since they both

knew that I had six votes I was sure

to be confirmed & that Blackburn

ought to vote with him to prevent his

failure from being so bad – that if he

would vote with him, he (Nelson)

would agree not to oppose me in

the Senate – and Blackburn said

he did it upon that promise. He

said he would vote for me in the

Senate & would make a speech

in my favor in Nelson did not

keep his promise: Recd. telegram

from Ralph, N.Y. asking me to come

to New York before going west.

-24^th-

A new wrinkle now – McCumber

of North Dakota has given notice that

he wishes my confirmation postponed

two weeks so that he can read the record

- affidavits, &c. and can oppose me in

the open Senate. Kittredge is acting

with him. Had a talk with Senator

Foraker today & he told me that I had

the greatest array of vigorous enemies

that he had met for some time –

Piles is working to get McCumber to

withdraw his opposition – but I think

we are now up against a Nelson-

McCumber-Heyburn combination

- whether Carter is in it or not I cant

yet tell – but think he is.

Wrote situation to Mr. Ralph &

told him that the Hill railroad influence

- if exerted – could make the opposition

withdraw – Also wrote to Debbie.

Recd. telegram of congratulation from

Judge Day & answered in kind –

Nelson is playing the baby now –

says that I attacked him & that

the Com. sustained me & turned

him down, &c. Evidently I am

up against a new phase of the

old fight – but I intend to make

it so vigorous that they will feel

the effects of the victory if they win one.

-25-

Called & had a good talk with

Senator Bailey – he will see

Senator Kittredge and try and

get him to listen to reason. Sulzer

said that Senator Dillingham told

him yesterday that he intended to

give me a warm support but that

he was unavoidably absent from

the Com. when my case came up.

Telegraphed to Mr. Ralph to have

strongest New York influence tel

=egraph to Senator Aldrich & tell

him that I would call & to help

me – Recd. telegram this afternoon

saying that he had talked over the

telephone with Aldrich & to call

& that he was using influence

on others – meaning Carter, McCumber

and their “push” I suppose.

The Appletons Booklovers Mag

=azine for May was first on sale

today – “The Looting of Alaska.”

is concluded in it, - and it does

criticise Carter, McCumber &

Hansborough most unmercifully

& gives me full credit for cleaning

up the Nome mess left by that

gang upon Noyes & McKenzies

arrest for contempt of U.S. Circuit

Ct. of appeals, San Francisco in

1901 – This will greatly aggravate

McCumber – but can do me no harm.

Sent Peterson- Tacoma – Seven

hundred & fifty (750) dollars today

to pay on Glaser contract for clearing

Tonight sent letter & copy of

May “Booklovers” to Senators

Foraker, Piles & Bailey so that

they would understand & will

call on Aldrich in the morning

-26^th-

Yesterday Senator Piles said to

me that he had suggested to Senator

Beveridge that Nelson & I ought

to get together and make up – compro

=mise our differences”, and “he said,

“I said to the Senator that you would

“apologise for attacking him in your

“Answer to Charges” – I stopped

him and said “Apologise? Well

“I wont. I have only defended

“myself so far, and I wouldn’t

“apologise for the office.” I said

“If he wishes to submit his action

“in my case to a committee I will

“meet him on the issue, and if I

“dont show that he maliciously

“packed the Committee on me

“& acted unjust and unfair the

“Senate may refuse to confirm

“me – but apologise I wont.”

He “tut-tuted” a little and

dropped the matter, as he saw

the suggestion was distasteful

& might do more harm than good.

Recd. telegram from Mr. Ralph

to go and see Senator Aldrich

which I did this morning - he

asked many questions going to

the very point of who and why.

I gave him a copy of Booklovers

for May & called his attention

to the “Looting of Alaska” as the

cause of McCumbres animosity.

Gave a copy of the Magazine to

Sulzer & he gave it to Senator

Tillman – Senator Teller said

he had read it, and Sulzer saw

Penrose whom he reports as mild.

Warren E. Wilkins, of Nome

is here & saw Senators Smoot

& Sutherland, Utah & reports

them O.K.

Learned tonight that in Executive

Session this afternoon McCumber

objected to my confirmation & asked

leave to have testimony printed & this

necessarily carries the matter over

till next week – I expected this

and yet I feel disappointed-

but I can wait - & fight in the meantime

-27-

In Executive session yesterday

my case was discussed & McCumber

got it put off till May 8^th – upon the

request for time to print the evidence.

Saw Senator Clay today

& gave him Judge Erwins letter

- he told me that he had talked the

matter over with his colleague – Sen

Bacon, and that both would vote

for me. Sulzer, Hemenway

& others say that I will be con

=firmed: though Dick. Ryan

tells me that Spooner will fight

me. Think I will go over to

New York tomorrow evening

& stay a day or two.

-28^th-

Went to see Clarke, Chairman

Jud. Com. Senate, - saw his

clerk – nothing yet done about

printing evidence in my case –

Wrote a letter to him asking

that my “Answer to Charges” –

“Reply Brief”, & affidavits - &c. &c.

be printed. Wrote another

letter to the Atty. Genl. in favor

of commuting sentence of

Joseph Notti. Called on

Genl. Humphrey, Quartermaster

Gen. U.S.A. & he gave me an old

Sharps rifle which he captured

from the Chinese arsenal at

Tien Tsen, China.

Sulzer telephoned me saying:

He had just seen the President

and spent 15 minutes or more

in discussing my case: The President

said he wished me confirmed.

Sulzer told him about Nelson

McCumber opposition & President

said he could send for them & ask

them to cease their opposition.

Pres. said that Nelson agreed to do

so if I carried the Com. & the President

now looks upon McCumber opposi

=tion as bad faith on Nelsons part.

Went to baseball game

with Walter Clark, who took

dinner with me.

-29^th-

Saw Senator Piles & told him what

Sulzer said about the President

& Piles will also go to the President

& urge him to influence McCumber.

Instead of fighting me McCumber

ought to be aiding me, because

in Oct. 1901, at Nome I stood

between him & ruin. The Grand

Jury, at the instigation of Fink,

intended to indict Noyes, Mc

Kenzie, McCumber & Hansborough

- but McGinn & I stopped it.

- the U.S. Ct. Ct. of App. was then hearing

the charges against Noyes, et. al.

for contempt, - the indictment

against them at Nome was to have

been for “conspiracy” and the

Ct. of Appeals in the Contempt

cases said that there was a

conspiracy. But for my active

efforts the indictments would

have been returned & McCumber

ruined – and this is the thanks

I am getting!

-30^th-

As I was walking opposite the Treasury

Bld. on 15^th St. this morning I met

Vice President Fairbanks and he

stopped me to inquire how I was getting

along – he said I was in good shape

in the Senate, he thought, with more friends

than ever, - that the only danger was that

my opponents might talk it over

from time to time & thus get it over

the session. He was friendly & seemed

to want to encourage me - & did –

Dr. Whitehead & I called on Roberts

Director of the Mint – he promised to

get Dolliver into line for me.

Presented my quarterly act. to

Mch. 31 including all expenses

to Washington, hotel bill, printing,

&c. to the Dept. of Justice for payment

- they raise some question about the

printing but seem to concede the rest.

Got salary for April - $416.66.

Matters look pretty good, but

what a wail it is – I wish I had

that old square heads thumb between

my teeth – I’d make him move faster.

There is a good editorial in the

Seattle Post – Intelligencer just

received headed “Judge Wickersham”

and commending me, but suggesting

that I am tactless and skilled in

the gentle art of making enemies!

Also received the Fairbanks News

in which Barnette – just home –

in an interview failed to mention

my name or the question of my

confirmation, but spoke highly

of Senator Nelson as a friend

of Alaska!! and in an editorial

the News said “God save us from

such friends.” Walter Clark was

inclined to swear at Barnette, but

I am convinced that Barnette

did it with the distinct motive to

mislead the enemy. If he had “cussed

up” the Senator, and spoken favorably

about me – it would now be on

file with Nelson as evidence against

me!! But as it is – well Nelson

cant use it as evidence, whatever

he may think about it.

[May 1906]

-May 1.-

Beautiful Mayday – Washington

is the most beautiful place I ever saw

now. Wide streets, stately trees in

their spring suits, flowers, & spring.

Telegraphed McGinn at Fair

=banks to telegraph me the facts

about how we prevented the Grand

Jury from indicting Noyes-McKenzie,

McCumber & Hansborough at Nome,

in Oct & Nov. 1901. I intend to

inform McCumber that but for

my interference he, too, would

have been indicted!!

-2^nd-

Recd. telegram from McGinn

in answer to mine of yesterday – O.K.

Saw Bailey & Clarke & they

both said their was little I could

do except wait – but no day has

passed since I reached Washing

=ton that I have not done something

in aid of my fight. I was called

to the Dept. of Justice today &

informed that my efforts to get

Joe. Notti pardoned had succeed

=ed – that upon my letters the Pres

=ident today pardoned him &

instructed the pardon attorney

- Gordon – to telegraph to the

U.S. Marshal at Tacoma to release

him!! That is a satisfaction

to me, and an act of justice that

will have a good effect in Fair

=banks. Col. Clay & Capt

Glover, of the Dept. of Justice also

asked me to go before the Appro

=priation Com. of the House with

them in support of an appropriation

of $10,000 for a jail at Fairbanks

- we did not reach that item &

I am to go in the morning.

Wrote to Debbie, & also to

Mr. Ralph. Birch & Joslin

will be over from New York in

a day or two to help me.

Walter E. Clarke took dinner

with me.

-3^rd-

Spent most of today with Col.

Clay & Capt. Glover, before the

House Appro. Com. in aid of an

appropriation of $25,000. for jails

at Nome, Fairbanks & Valdez –

Walter E. Clarke tells me that

Sulzer told him that he saw the

President today & that he said

that I would be confirmed next

Tuesday, the 8^th – but –

I saw Sulzer afterward & he

said that the President told

him that he could do nothing with

Nelson, McCumber or Spooner –

He also said that McCumber

would fight me hard & Nelson

too, and – but Sulzer is a liar!

Birch came over tonight & is

at the Willard. We will go to

work through Senator Carter of

Montana to get a vote on Tuesday

& let the matter be settled one way

or the other. I think we can

beat them, but I dont know.

-4^th-

Birch took breakfast with me &

I gave him my telegram asking

McGinn to give me a brief statement

of our effort to prevent the indictment

of Noyes, McKenzie, McCumber, et. al.

at Nome in Oct. 1901, & McGinns

reply of May 1, and he took them

with him intending to put the case

squarely before Senator Carter – if it

appears that McCumber lacks

every manly quality then I shall not

hesitate to expose the fact of the

threatened indictment and my

service in protecting him to the

public = Birch reports that he saw

Carter & the Senator said he would go

& see McCumber &c. He took the telegram

of McGinns & Birch thinks he is earnest

and will do what can be done – he says

though, that I am sure to be confirmed

anyway. Birch also saw Senator

Aldrich who told him that he was doing

& would do all that he could to bring

about confirmation – and tonight

I saw Senator Piles - who promised

me on Sunday to go and see the

President – he did so yesterday &

says he found him very much exas

=perated at the action of McCumber

- Piles wanted him to send for Mc

Cumber and attempt to press him to

quit - but the President swore roundly

that he would not do it, and would not

talk to him about it even, but would

now, since I had been formally

approved by the Judiciary Committee

reappoint me, if they failed or refused

to confirm. He told Piles that he

had said – unfortunately to Nelson &

my enemies, that if the senate did

not act favorably at this session

he would not reappoint me – that

he had done so four times now & that

in the interests of peace he would not

again, but “now”, he said, “the Com

has approved my former four app

=ointments and his enemies have

resorted to unfair means, - to filibust

=ering to defeat him, and by God

I intend to reappoint him whether

they confirm him or not, and I

will notify them at once of my

change of mind.” It seems to

me that this will leave me in a

position to go home very soon.

Wrote to Debbie tonight & gave

her the new position of the President

Piles said that Sulzers story about

talking to McCumber & Spooner was

untrue and it seems to have been

strained to say the least.

Had dinner at New Willard

with Birch tonight – he suggested

that if I wished to resign next fall

after they were certain about their

enterprises in Alaska, they would

like to have me take charge of

their legal business. I told

him I would be willing to make

some arrangement on that line.

Piles said the President spoke

strongly and feelingly about the fact that

I had come on to Washington, and had met

and answered every charge & won a victory

from the Judiciary Committee, and now he

intended to see that I was not mistreated

by filibustering and unfairness.

-5^th-

Joslin had a good talk with

Dillingham & says he is all right

and also Burnham. Joslin

is also deeply and suddenly inter

=ested in the Burleigh scheme to

get a railroad charter & Congressional

grant of a right of way - it is

being urged and likely to be won

in opposition to Canadian attempts

to secure advantages in Alaska.

Joslin sold his bonds for the Tanana

Mines Ry. at Fairbanks, to English

Capital and they are threatening his

situation – I advised him to get

in and secure part of the good of

the Burleigh scheme for his road

& he is at work to see what he wants.

E. S. Harrison, newspaper man

from Nome came in to the Raleigh

tonight – Major Richardson

still here – am thinking of going

over to New York to spend a day or so.

Recd. my McGinn telegram back

from Senator Carter.

-6^th-

Sunday – nothing much except

visiting with Falcon Joslin and

Harrison, also Dr. Whitehead –

The latter tells me that he saw Rex

Beach in New York - that he has

dramatised “The Spoilers.” & that

Frohman accepted it without

a change & will stage it, that

they are now looking for a “Cherry

Malotte.” I suggested that they

might be able to get the original

Judge “Stittman” – (Noyes), for

the judge is now out of a job and

in hard luck. The “Spoilers” is

now in its 4^th Ed. = 40,000. copies.

Have a very bad cold – sore throat

& am doctoring with cold compress

& going to bed.

-7^th-

Cold better: Application by Ankeny

for Hubbards pardon denied.

Buying photographs of my friends:

the Pres : Vice Pres : Senators Knox, Bailey

& others who have been friendly to me.

-8^th-

Went to see Senator Clarke

Ch. of Jud. Com. of the Senate: He

said the printing in my matter was

done – showed me copy – but refused

to give me a copy. Said that case

would not be taken up before end of

the week – not until the “Railroad Rate

Bill” was disposed of. Called on

Senators Bailey & Gearin - &

also on Piles & Foraker, but the

latter were out. I now think I will

go over to New York & stay a few days

- cant do anything here.

Came over to New York on the

evening train – met Joslin

& Judge Dubose – Mr. Ralph

not in town – am at Waldorf Astoria.

-9^th-

Breakfast with Judge Dubose

& Whitehead at Waldorf-Astoria

Went down town after lunch

& called on Birch & Schultz –

45. Bd. & went with Birch &

met Dan. Guggenheimer

of the Copper Trust – who is

going to Alaska this summer

- I urged him to go into Fairbanks

but he said he could not spare

the time. Also met Mr. Steele,

their general counsel, who is

brother to Mr. Steele of Morgans

Guggenheimer told me that

both Senators Elkins & Aldrich

would look after my confirmation

It is singular but true that

New York reminds me of Puget

Sound - Tacoma & Seattle – probably

it is the constant sound of the

tug & steamer whistles & the

knowledge that I am on a harbor

- a trade harbor of the ocean –

It is a homelike feeling!!

Took dinner tonight with Mr. A.

J. Robertson – who is the owner

of the La Foriche Mine (copper) in Prince

William Sd. & also owns the St. Andrews

Hotel at 72^nd & Broadway – he is

just my age – a confirmed bachelor

& a millionaire.

-10^th-

My cold is better today but I took

a good Turkish bath & rubbed it

out. Lunch at Delmonicos

old place down town, dinner

with Birch & Mr. Ralph at

the “Belmont” – a new hotel - &

went to the Majestic Theater

to see De Wolf Hopper in

“Happyland”. Nothing from

Washington today.

Key Pitman and his wife

are here – I knew Key at

Mt. Vernon, Con. where he was

a poor struggling lawyer &

also a Nome – he is now

a wealthy miner from Tonipah

Nev. Also met “Tex” Rickard

a Nome gambler – now from

Tonipah, - he told me that

the gamblers at Nome paid

Richards & Al. Cody $15%

in all & a greater percentage

in other games as blackmail.

He says that he has an account

book – which he offered to show me –

giving the items of money which the

gamblers paid to them for protection –

Dr. Whitehead is at the “Breslin”

Hotel.

-11^th-

I took a long ride through the Park

- and out to Grants Tomb, & around

the upper end of the City to see the

residences &c. with Mr. Ralph in

an electric automobile – a fine

car & a most glorious morning.

We went to the Museum at 77nd

St. also – saw Schwats new house

After lunch, alone, I visited

the last river water front in a

cab, - saw Blackwells Is. – the

Piers for the new Brooklyn Bridge

- then took the elevated road &

went out to 155^th St. & across to

Harlem. Tonight went to the

theater with Mr. Ralph & Birch

& saw Sam Bernard play the

“Rollicking Girl”. Mr Ralph

sends Mrs W a handsome comb

& a bracelet. Told me tonight

that Havemyer received telegram

from Senator Elkins son yesterday

saying that I would be confirmed

- but, Oh Lord, when?

-12-

Spent the forenoon with Mr. Wilber

=force Eames, Librarian, Lenox

Lib. talking & looking at “Americana”

A splendid mass of early history.

This afternoon went to Harper Bros

No 14, West 22^nd St. & bot a

few books – and “Bibliographies”

Met Capt. hall, formerly of

tugs at Tacoma: Tex Ricard,

Dubose, &c. &c. Joslin took

breakfast with me.

-13-

Rode up 5^th Ave to Central Park –

by Grants tomb – on north & across

Harlem river over Washington Bridge

- back along north side Harlem River

to 155^th St. thence south along 7th

or 6^th Aven. to the Park & back

to Waldorf-Astoria – with Mr. Ralph

in carriage. Beautiful sunny day

- park glorious – a thousand equipages

of every kind out. Lunch & then

at 3 oclock started back for

Washington.

Reached Washington at 8:30

p.m.

-14^th-

Recd. good letter from Debbie.

Called on Bailey, he signed

photograph for me, so did

Knox & Clarke of Wyo.

Nothing will be done in my

matter till the Railroad rate

bill is off hands.

I gave E B Smith $100.

tonight – he is going into the

“Standard” – a newspaper

venture. Saw Cushman to

=day – he is tied up with the

Burleigh crowd in their

Orca scheme, & damns

those who oppose them. Dick

Ryan is now in a fight with

Sen. Nelson who swears that he

will fight all Alaska legislation

on my account. Something

must hurt the old Norwegian.

-15-

Spent part of the day at Dept. of

Justice arranging for the payment

of the Nushagak & Unalaska jail

accounts. Nothing in my cases yet

- not till the Rate Bill is off hands.

-16-

Nothing doing in my matter.

P. C. Sullivan appointed

U.S. Dist. Atty. for Washington!

Cushman agreed to go to work

to poll Senate on my case –

thinks Dolliver doubtful & I

have got Major Lacey. M. C. from

Iowa to go and see him.

News today that Senator Gamble

of S. Dak. has beaten Kittridge

& his crowd in his fight for

reelection – hope so, for

Gamble is friendly to me.

-17-

Smith interviewed Senator Carmack

today - & reports him all right.

He has been gone for 2 months &

is just back. Sulzer says that

he has a distinct promise from

Laliferro[?] of Florida & Dubois

from Idaho is for me – also

Heyburn from Idaho is sick

- he is strongly against me – but –

Sulzer told me that Penrose of

Penn. told him that he, now, would

not only vote for me, but intended

to say when the matter came up that

the most determined opposition to

me had come from the Copper people

in his state, but that he had fully

examined into the matter and was

now satisfied that his friends

were wrong & that I ought to be

confirmed. Dr. Whitehead

is here & he & Major Lacey

are at work. Frank Cushman

is “working” me, - but I know

that he is doing nothing & dont

care a damn!

-18^th-

I have my days of doubt and my

days of victory – and this is one

of the latter – I really think today

that I will win out – but what the

morrow will bring forth I cant tell.

Major Lacey saw Senators Allison

& Dolliver & they are both all right.

I must now look after an organized

effort about the first of next week!

Dr. Whitehead & wife went west

this afternoon. John Corson of

Nome & Seattle is here with a Maine

“bunch” fighting Judge Reed, of

Nome – Commissioner at Nome.

Will let them fight him – I dont

care for he and every friend he had

went off with Richards & Sullivan

& against me. It is apparent

from what Cushman says to me

that Claypool has been exerting

his most malicious influences

against me & that it has had

some effect – I wont do a

thing to that ungrateful hound!!

-19^th-

Called on Senator Burkett

of Nebraska this morning & as

soon as he knew who I was he

said: “Oh, you are judge Wickersham

I am glad to meet you – yes that”

(letter)” is from J Harlan. Well

I dont care about him. Mr. Lacey

talked to me about you and your

case – the Senators from North

Dakota are on your back.

Well, you dont need to talk

to me. I am for you, and will

do all I can to help you, good

morning”. He was very kind

and I am sure of him.

Called on Senator Carmack

of Tenn. who frankly said

about the same – and that

means that both Senators from

Tenn. and Neb. will be all

right – 4 votes. Also met

Senator Hopkins from Ill

who promised me his assistance

Hot weather!!

-20^th-

Sunday & a beautiful day

but I felt homesick & unhappy.

Nothing doing, Geo. V. Borchsenius[?]

- Ex Clerk. U.S. Dist. Ct. at Nome

is here – and I wonder why?

-12-

Called to see Senator Foraker

but he was not in – saw Sen-

Piles & Hemenway & both

promised to see Foraker

& organize effort to get my

case up in Executive Session

This afternoon I went to see

Solicitor Genl. Henry M. Hoyt,

and told him that I now thought

of going home – that I could

see nothing more to do and that I

had now been here 4 months & felt

that my own self respect compelled

me to go home. He opposed such

action – said that if I left my

enemies would spring some new

lie to my injury and that it was

now an executive and departmental

fight and that the President would

not want me to go – he repeated

that the President having appointed

& reappointed me – four times was

bound to see me confirmed & that

I owed it to the President to stay

& fight – His statement was so

forceful that I could not refuse

& told him I would remain until

next Monday anyway.

while I was talking to him Mr.

Kratz, Sec. to the Atty. Genl. came in &

said that the Atty. Genl. had concluded

that my expenses to Washington could

not be paid , since he took the view

that I was merely defending myself

from personal attack. I answered

that every attack upon me came from

the performance of my official duty,

that the principal charges were the

outgrowth of decisions as judge –

and that I thought that not only

had the Dept. of Justice the power but

that it was its duty to assist me

in defending the action of the

court, since my actions had

been examined & approved by

the Atty. Genl. and the President

before my reappointment. Hoyt

distinctly agreed with me, and after

Kratz had gone out quite plainly

intimated that the opinion was that

of Kratz & not the Atty Genl and

advised me to contest the matter

further. I saw Mr. Kratz again

& asked to see the Atty. Genl. personally

& will go tomorrow for that purpose.

Met Senator Allee of Del.

tonight – we talked of Dr. Boyle

of Valdez, & the Senator was very

kind & will support me for confirmation

He told me that he had heard Senator

Knox speak very highly of me, - so

very flattering, indeed, that he was

anxious to meet me: That Knox said

I was the best judge in Alaska &c.

-22-

Senator Patterson of Colorado

has returned to the city – I am

delighted because he is one of

my strongest friends – nothing

done today – Wrote to Debbie.

-23^rd-

The Atty. Genl. again informs me

that he will not allow my expense

account while here defending myself

against the fight being made on me

because of my decisions in Alaska.

I suggested that every charge against

me had been previously investigated by the

Dept. of Justice and that the decision

was in my favor – that the President

had approved the findings and reappoint

=ed me – not once but four times –

and that I was not so much defending

myself as the court and the adminis

=tration of law in Alaska, - & that

the greater part of my effort was an

answer in support of decisions

and a reply to Senator Nelsons

briefs on the law involved in the case

of Nelson v Meehan, - but he

stands firm & wont pay. I intend

to let the matter rest, and if I am

confirmed take it up again &

show that Noyes & Grigsbys

expenses were paid through they

were removed for cause by the Dept.

I shall certainly resign after a

short time, in case I am confirmed,

if these accounts are not paid.

Its enough to give my time and strength

to the support and establishment of

law and justice in Alaska without

paying my own expenses while doing

so.

[newspaper clipping:]

“FIRE AT FAIRBANKS, ALASKA.

Business Section Wiped Out – Food

Supply in Jeopardy.

SEATTLE, Wash., May 23.-A dispatch

to the Post Intelligencer says that the en-

tire business section of the town of Fair-

banks, Alaska, was destroyed by fire which

started in the Fairbanks building, a three-

story frame structure, yesterday. Details

of the disaster are meager, but it is feared

that the food supply of the town has been

destroyed and great suffering may result.

Nothing was left standing in the section

lying between the water front and 3d ave-

nue, and Stacey and Turner streets. The

work of the fire fighters was centered in the

block of warehouses owned by the Northern

Commercial Company, in order to protect

the food supply of the town, and the result

is still in doubt.

The loss is estimated at a million dollars,

and it is announced that the heavier busi-

ness interests of the town are already plan-

ning to rebuild. No lives were lost.”

This means that the Apple building

- Mrs. Cards restaurant & Miss .

building as well as the News building

all of which I own – are burned –

and that my rents of $400 a mo.

are cut off. Well, let the tail go

with the hide. Gov. McGraw is

back in Washington & promises me to

see Senator Spooner tomorrow – while

Borchsenius, the ex-Clerk from Nome

is here and will see La Follette.

-24^th-

I learned this morning certainly

that the Fairbanks Court House &

Jail were burned, so I went to the Dept.

of Justice early & got Genl. Clay –

the general agent, interested, and we

prepared maps, letters, &c. & saw

Tawney, Ch. House Com. on Appro.

& he agreed to put into the Sundry

Civil App. bill an item for court

house of $15,000 – the item for a

jail being already in. It took us

nearly all day – but a good days work.

Also saw Senator Piles – he told

me that my matter was up one day this

week but went over till Saturday

or Monday – on “Senatorial Courtesy”

but that on either Sat. or Mon. it

would be settled. Also saw Foraker

who told me he was busy, but had

let it go over as a measure of discretion.

Met Senator Clark of Montana

tonight & had long and interesting

talk with him about Alaska – he

seems to me to be a good man.

Sent Stier telegram saying:

“Twenty five thousand dollars appropriation

guaranteed today rebuilding courthouse

and jail.”

Tonight received telegram from

him saying records saved, and

needed $60,000. to rebuild.

Also telegram from Mrs. E. Monroe

saying that if I could extend lease

= “Will rebuild if you extend lease

one more year, burned out completely.”

-25-

Sent answer to Mrs. E. Monroe

“Offer accepted lease extended

one year rent two hundred and

fifty dollars monthly.” Called to

see Senator Ankeny – he was out.

Talked with Statler, his secretary

who advised me not to talk with

the Senator but said he would do it.

Just then the Senator came in and I

began to talk with him about the

loss of Fairbanks – the appropriation

for court house & the Hubbard case.

Statler went out & in a few minutes

in came Senator Piles, who seemed

to know I was there & at once began

to ask Ankeny if we were talking

about my confirmation &c. and said

“Will Senator you are going to vote

for Wickersham – of course – you

told me you would,” and went on to

crowd Ankeny hard insisting on

his voting for me. Ankeny was

evidently embarrassed and showed

some little spirit in criticising

Sullivan for getting him to oppose

me and now insisting that he vote

for me. The discussion continued

for a few minutes – Ankeny did not

finally say he would vote for me

but only that he would do the right

thing or something of that kind.

He will not vote for me and the

best I can hope for is that he

wont vote against me. During

the conversation Piles said that

Senator Flint of Cal. was going

to vote for me at the request of the

judges of the Circuit Court of Appeals

at S. F. – that Judge Ross had

spoken highly of me and asked him

to support me.

Walked down town this morning

with Senator Reed Smoot, the Mor

=mon, from Utah, who told me that

he intended to vote for me – and he

also said that he would win out in

the contest urged against him – to

remove him because he is a Mormon.

Took dinner this evening with Mr &

Mrs. T. A. Wickersham & their son

at the “Sherman”. She is a fine woman

- a Christian Scientist, and a woman

of strong character. They have fine

apartments – he is the agent & general

real estate manager for Thos. F. Walsh,

the millionaire miner from Colorado

- where they lived for many years.

He is of the Ohio branch of the family,

- about 50 years old and a fine

business man & a good fellow.

They tell me that Senator Clapp, of

Minn. is not unfriendly to me, & that

Dillingham is all right.

-26^th-

Called & saw Senator Hemenway

- no Senate today. I think my

matter will come up Monday & I

am to get my friends there - & that

is all I can see to do. I have

not neglected anything that I

can see will aid me. I could

have personally interviewed more

Senators – but I dont think that

would have assisted – in fact my

judgment has suggested - & I

have acted accordingly – that I

keep as much out of the sight of

senators as possible. So

that if I am defeated I have done

the best I could.

24^th-

Nothing: Visited the Congressional Library

- looked up genealogy of Wickersham

family – inspected prints, books &

called & talked with Sulzer, M. C.

about tomorrows effort, he feels confid

ent, - says confirmation, &c. but -

-28^th-

Called on Senators Gearin, Bailey

Hemenway. Baily asked me to write

him a short letter & give him a copy

of my “Answer to Charges” to show that

I had not seen original charges & did

not (do not) know names of accusers.

Also called & had a very pleasant

interview with Senator Callom of

Ill. who told me that had been working

for me & would continue to do so.

Spent portion of afternoon with

Dept. of Justice preparing requisition.

-29^th-

All forenoon in Dept. of Justice prep

=aring requisition for furniture &

other supplies for court house at

Fairbanks. Sent telegram to W. H.

Parsons, Fairbanks, in answer to his

offer, saying that Dept. said the

courthouse block could not be sold.

The Attorney General (at the

suggestion of Col. Cecil Clay;

General Agent, Dept of Justice).

today wrote personal letter to

Senator Clarke, Ch. of Judiciary

Com. Senate, asking that my

confirmation be acted on promptly

on account of fire at Fairbanks

& immediate necessity for court.

Finished requisitions for all

supplies, & for furniture for courthouse

at Fairbanks – sent my books

- Americana, purchased in New York

& at Lowdermilks, in Wash. home by

mail – Am ready to go home now

on a few hours notice – Walter E.

Clark took lunch with me & went

to New York to arrange for a trip to

Alaska – if he can so arrange it.

Judge Neville, from Mississippi

has become my friend & today had a

talk with Senator Money, of Miss.

who told him that he thought I was

being persecuted – that a lawyer by the

name of Scott, met me in Alaska

& being nicely treated formed a high

opinion &c. and had already spoken

to Sen. Money, about me. Neville says

Sen. Money is my fighting friend!

-30^th-

Decoration Day, and no session.

Recd telegram from Joslin & he came

on from New York tonight to urge the

sale of the Courthouse block in

Fairbanks to his bank. I took him

out to see Genl. Cecil Clay, the Genl.

Agt. of the Dept. of Justice, who soon

convinced him that (1) It would sign in

a Special Act of Congress (2) which could

not be had before next winter (3) and that

would kill the present appropriations

for courthouse & jail &c. &c. in short

that it could not be done. Joslin

will go back to N.Y. tonight satisfied

that it is utterly impracticable to even

urge the matter.

Recd. copy of “Confidential. Ex. Doc.

No 7.” being the secret dosier in my

case printed by Sen. Nelson, this evening

from Sulzer. Also saw him – it does

not add much if anything to the fight,

but gives me a list of the witnesses

against me – the prominent one

being Bion A. Dodge.

Recd. letter from Debbie.

-31^st-

First Days Fight. My case

was launched in the Senate today

at 2 oclock and fought until 6

- for four hours my character, habits,

fitness, and judicial ability was the

storm center. When executive session

was called for at 2 oclock Nelson &

my enemies fought to prevent it, but

lost. Then they began to attack

me. Nelson, Pettus & McCumber

attacked – Piles, Hemenway,

Bailey & Foraker defended.

It was not settled at 6 oclock

and will come up again tomorrow.

Bailey has been requested to take

up my defence in the case of Nelson

v. Meehan, & I am to go up in the

morning and give him the authorities.

Piles says he is satisfied that we

will win without a dozen votes against

us, - but – well I wont quit until I

am out of the woods. I am greatly

moved by the strong friends who are

coming to my support, - from

most unexpected quarters.

[newspaper clipping:]

“It is not likely that any time will be de-

voted by the Senate in executive session to

the nomination of Mr. Benjamin F. Barnes

as postmaster at Washington. The Senate

went into executive session at 2 o’clock.

The entire time was taken up on the nomi-

nation of Mr. Wickersham to be a judge of

a judicial district in Alaska.”

Went to Navy Dept. & ascertained

that the “Tacoma” will not reach

Norfolk from the Mediteranian

before June 15. which will in

all probability prevent me from

seeing Darrell this trip.

Senator Piles made a special

& strong speech for me today on

the old Brantner charges & thinks

he convinced the Senators that I was

more sinned against than sinning

This places me under many obliga

=tions to him which I can never

fully repay, but Ankeny left the

Senate and abandoned me – still

that is about all he can do, on account

of his former attacks on me.

[June 1906]

-June 1^st-

Second Days Battle. I seem

to be up against the Filibusters

McCumber told one of my friends

today that if it came to a vote

I would be sure to be confirmed

as the Sugar Trust was for me!!

He also said that he did not

intend to let it come to a vote, &

that they intended to talk it to

death. On the other hand Senator

Piles, Foraker & Bailey tell me

that we have them beaten by a

big majority – It seems that on

yesterday they had regular row.

Senator Hemenway accused Nelson

of packing the Com. on me & it took

Nelson an hour to explain how he

came on the Com. & then his explana

=tion was not a good one. Nelson

begged Hemenway not to attack

him since if it got out it would

do him great harm. Senator

Foraker told me today that Piles

completely destroyed the woman story

in his speech yesterday. I gave

Senator Bailey a short outline

& the books to use in his speech

in explanation of the charge in re.

Nelson v. Meehan case, & also

prepared a statement at Forakers

for use in a new charge that McCumber

is pressing that I did wrong in finding

Richards guilty of jury fixing at Nome.

Senate went into Ex. session

from 3 to 6 today & fought over me

- not finished. Senator Foraker

said that he intended to call it up

everyday & makes my enemies

talk – when they quit he will move

for a vote & compel them to talk

again & thus keep them talking

or make them vote. He says we

will have a big majority.

[newspaper clipping:]

“Judge Wickersham’s Nomination.

Most of the executive session of the Sen

ate yesterday afternoon was devoted to con-

sideration of the nomination of Judge

James Wickersham to be judge of the

United States court for the district of

Alaska, but he was not confirmed. The

charges against him, which have prevented

confirmation for three years, were urged

strongly by Senators McCumber, Hans-

brough, Nelson, Teller, Pettus and a num-

ber of others. He was defended by Sen=

ators Foraker, Dillingham, Bailey, Culber-

son and others. No vote was had, nor did

it appear that one is imminent. He is serv-

ing on a recess appointment.”

Teller is not against me & there

were not a “number of others” against

me – just McCumber, Hansborough

Nelson & Pettus. Judge Day

is in the city – he denounces the

filibustering tactics of my enemies

as infamous.

-June 2-

The plan of my enemies is now

well understood – under the rules

of the Senate no matter can go to vote

if any Senator desires to talk, and

the plan is that McCumber and Nelson

will talk as long as the Senate consid

=ers my case. They can talk, read

reports, &c. &c. until the Senate adjourns

and that in spite of the fact that I have

a large majority of Senators favor

=able to my confirmation. And

that is what they are determined to do.

Instead of feeling disappointed

at this turn of affairs I am pleased

- next to a confirmation. It gives

me the public vindication that I

desired & puts my enemies in

the position of unfair politicians.

Wrote to Debbie & Mr. Ralph

& explained the situation to them

& will go to work Monday to try

to get one of my friends to tie up

some of their legislation in

retaliation – until the drop loose.

newspaper clipping:]

“Wickersham’s Case Considered.

The Senate in executive session yesterday

resumed its discussion of the nomination of

James Wickersham to be judge of the cir-

cuit court for the district of Alaska. Op-

position to confirmation was again led by

Senators McCumber and Nelson. After two

hours’ consideration the Senate was ad-

journed without action.”

Barnes nomination as Postmaster

of Washington is also held up by

Dillman – and it may yet present

the spectacle of both of us held over

indefinitely by filibustering!

-3^rd-

Sunday- spent the afternoon

in the Congressional Library looking

up the 3 Japs. who were cast away

on Cape Ozette in 1832 – the book

“The Voyage of the Himmaleh & the

Morrison” & Perrys Japan Ex.

contain most of it & I think

it will make a most attractive

book or magazine article.

Judge Neville from Miss. told

me that sympathy was general &

growing in my favor on account

of my hold up by Senators

McCumber & Nelson.

-4^th-

Senator Baily told me this morning that

it was planned that my friends should

make Nelson & McCumber talk in my

matter – talk – talk – until they disgusted

the Senate – while my friends would work

quietly and out of session. Senator

Gorman, of Md. died this morning & the

Senate held no session today. I

prepared a statement today for Baily

Foraker & Piles, showing Motives of those

who have complained against me.

-5^th

At his request I prepared a statement

for Senator Bailey explaining the Richards

Contempt case, which McCumber is

urging against me – gave Foraker

copy – Major Lacey called my attention

to an editorial in this evening “Times”

Sulzer says Foraker told him that

McCumber agreed to talk only

5 hours – but McCumber told Foraker

6 days, and Nelson 2. Got my

friend T. A. Wickersham, of Colorado

& the representative of Walsh, the

Colorado mining millionaire &

Col. E. B. Smith to work & they say

they can get the “Washington Post” and the

“Times” to work for immediate action

by the Senate & roast Nelson & McCumber

The Times editorial “The End of the Funnel”

after referring to the fact that the Oklahoma

Statehood Bill, the Rate Bill, the Meat

Inspection bill &c. are yet pending, said:

[newspaper clipping:]

“Thus the big business of the ses-

sion is jammed in the small end of

the funnel. Everything is crowded

into the last days of a session of

which everybody is wearied and for

whose end everybody is anxious. It

is a great opportunity for manipu-

lation and trades. Back of all these

features lies the Wickersham Fed-

eral judgeship case, before the

Senate in its executive capacity.

Nothing in years has aroused such

intensity of feeling in the executive

sessions as this case, and trades and

influences otherwise unexplainable

are accounted for by reference to

it.”

Sulzer asked Senator Teller {of Colorado} about

the statement a the paper on the 1^st

that he was opposed to me: Sen. Teller

said it was a mistake – that he was

for me strong and intended to make a

speech for me if necessary.

-6^th-

Nothing much today – Sulzer says

things are coming – but I think they’ve

stopped!! Nothing new in the newspaper

line today – except that I am afraid

of the “Times” – Am afraid that my

enemies have them loaded for me,

- but one should’nt borrow trouble –

its enough when it comes. Wrote

to Debbie today –

-7^th-

Went over to the “Times” office this morn

=ing and talked first with Mr. Richardson

asst. Ed – or City Ed. about the proposed

attack on me by the Times – he said he

knew nothing about it – that Mr. E B.

Smith had spoken to him, but would

I step over & see Mr. Woolover.

He introduced me to Mr. W , a

dapper young man with positive

and fixed ideas that I was wrong

& Nelson & McCumber right –

said he had talked with both

of them and had promised Mc

Cumber that he would not say

anything about me before Sunday.

Had quite a long talk with the

young man who promised me

that he would not say anything

without seeing me in advance.

- my impression about him is that

he is already worked up to fight me

as hard as his paper will allow him.

Had a short talk with Richardson

as I came out – he seemed very

friendly – but I am afraid that

its a plant against me.

-8^th-

Nothing!! My friends in the Senate

seem to have quit. Piles told me this

morning that I would be confirmed

sure! but I am satisfied that old

Nelson is “smoothboring” – he is

trying his best to get between me

& Piles & is really having some

influence on Piles. Senator Hemen

=way told me about his row with Nelson

It seems to have been hot & personal.

Went out to Cabin John bridge

with Smith this evening.

Letter from Debbie. Darrell ought

to be in Philadelphia tomorrow.

-9^th-

Nothing: Wrote a letter to Norman

Shultz, 45. Broaday, N.Y. stating

how McCumber & Nelson are fighting

He will show it to Everybodys Magazine

& Appletons Booklovers Magazine – which

published Rex Beach’s Nome Stories.

I want to get one of them here to

see Nelson & McCumber - see

the climax to those stories.

Darrell will be at Philadelphia

tomorrow or next day & I am going

over to see him.

-10-

“Tacoma” is in Philadelphia & I

must go and see Darrell. Went

out & saw Senator Hemenway & ex

plained some things about my

defense to him - & stopped &

told Sen. Piles that I was going to

Phil. Took 4 oclock train & Dar

=rell met me at the “Bellevue – Strat

=ford Hotel”. Bless his heart he

looks just as he did years ago only

a little more manly. Staid with me

till 11 oclock & then back to vessel.

We had a good visit & home talk.

-11^th-

Went out this morning to the

“Tacoma”, off League Is. Navy Yard.

Lunch with Darrell – met

Micheal, his classmate, Hanrahan,

chief engineer, Nav. Officer Mr. Hulme

- his wife & Phillip, & other officers.

Darrell seems to be well liked - &

likes his brother officers. After lunch

he came to town with me, & first went

to the tailor to be measured for clothes.

We then hired an automobile & went

riding through Fairmount Park &

along the Schulkill river – we rode

for two house & reached the hotel

just in time for dinner. After

dinner we went to Keiths Theatre

- vaudeville – It was a beautiful

day – and Darrell certainly enjoy

=ed it – and so did I. Bless my

boy – he is pure gold. He is anxiously

looking for tonights mail, for he

has not heard from his mother –

except what I told him – since

he left the Bermudas. He kissed

me good night & went back to

his ship ~~for~~ at 11:30 p.m-

-12

Spent the day in old book stores –

“Rosenbachs” & Rhoads – “The Franklin

Bookshop.” Bought Rafinesque’s

“American Nations” “Townsend Narrative”

& a few others. Left Phil. at 3:20

arrived Washington 6:20.

-13^th-

Saw Senator Foraker & he shakes

his head – thinks opposition will

talk me over the session. Also told

me that McCumber was now charging

that I am responsible for publication

of “The Looting of Alaska” in Booklovers.

Also saw Senator Bailey who told me

that he thought the matter would come up

- that objection would be made to taking

up the Barnes case until mine was dis

-posed of! This may entangle me in

politics! Went up this afternoon &

saw Solictior Gen. Hoyt. & explained

things to him. He says the President

ought to take hold & will see Sen

=ator Knox. But I feel sure

Knox wont do anything – he is

warmly for me – but detests polit

=ical strife – the struggle for place.

I telegraphed the Booklovers Mag

& to Frank D. Arthur & Shultz, N.Y.

asking them to get statements from the

Booklovers Mag. saying that I had

nothing to do with publication

Called on Major Lacy, of Iowa, to ask him

to see Foraker about “Looting of Alaska” story

& told me that Senator had seen

& asked him to see Lacy &

have him (Lacey) assist in getting a bill

reported out of Public Lands Com. of the

House of which Lacey is Chairman. Lacy

told that he did not feel opposed

to the bill – but that the Com. did – but that he

should say to

that Hansborough & McCumber were holding

up my confirmation because I was his

friend - returned & told the

that McCumber & Hansborough

could not be appeased & intended to talk

me out at the end of the session. “Well”,

Lacy said “Ill return good for evil & will

report his bill & he did so against odds

& with Hansborough present. However,

Lacy then asked to see Senator

& have them quit – the bill cannot pass

without Lacys active help & it is a

matte of great moment to N. Dakota.

- it is a bill appropriating a million

dollars to drainage of the Red river valley.

- all this happened this afternoon.

Lacy also told me that Walliver, of the Times

who threatened to write me up, is from Iowa

- he is a Cummins striker - & against

Lacy – therefore for McCumber & Nelson.

11. p.m. Mrs. Walter E. Clark just called

my telephone to tell me that they had some

news at the office – N.Y. Sun – about my case.

Called up the office & they say that the Senate

steering Com. today put my case on for one

of the matters to be voted on & settled before

the session closes!!

-14^th-

Darrell came over this afternoon &

had dinner with me & Cushman – we

went to the theatre. McCumber is

now charging me with responsibility

for publication of “Looting of Alaska.”

Piles is “cock sure” as is Sulzer, but

Foraker says that I cant get a vote

this session. Foraker is a “quitter”.

A flying machine came into town

from Luna Park today, circled around

Wash. Monument, White House & Capitol

& thence back – no breeze – conditions ideal

- machine so far a plaything – impracticable.

-15-

Prepared answer to McCumbers charge

that I am responsible for publication

of “The Looters of Alaska.” Frank D Arthur

from New York is here – he is trying to get

copies of the letters written by the Pennsylvania

copper gang in opposition to me, for use

in his litigation against Helm, et. al.

-16-

Ex. Gov. John G. Brady in town!

More trouble for me. Nothing today

in Senate. Dinner with Harry

White, of Seattle, who will try to do

something with Brady. Arthur also

worked on it some & will do more from

New York – he says that Blackburn

is evidently working with us now.

-17-

Darrell came over & spent part

of the day with me – we called on the

Clarks & Miss Dorothy. It seems

now that Welliver, the Times man, to

whom I talked the other day went

& told McCumber about it & gave

the most damnable turn to it – told

McCumber that I wanted him to attack

McC the liar! That was now what I

wanted – but only to stop attacks on me!!

Major Lacey saw me again today – he

said Hansborough called on him & wanted

him to get in & work for their North Dakota

drainage bill – Lacey told him he would not

do it as long as McCumber attacked me.

It seems that the Northern Pacific & Great Northern

R.R.s want it – their attorney called on

Lacy – who told him the situation – he started

west to Chicago to see the officials of those

roads & reported to Lacy today that he

thought the matter could be arranged in a

couple of days. Lacy told me that he

favored their bill – had already reported

it favorably from his committee, but that

no one would be recognized in the house to

bring up the bill, but Lacy, and that he would

not do it until they confirmed me. If that

club dont fail it may bring some result

in a few days – nothing but a club

will bring my confirmation now.

-18-

Saw Foraker – he asked me to rewrite

my letter about “Looting of Alaska”

& leave out references to McCumber

- thought them too pointed! Did so.

You cant tell the truth about a Senator

else he gets mad & says you are attack

ing him. Nothing new.

-19^th-

Recd. telephone message from Mr. Alden

Sen. Forakers clerk & went up to see

him. He said the Senator told him

to say to me that McCumber now

gave up the charge that I was party

to the publication of “Looting of Alaska”

articles, but was furious about the

charge that I sought to inspire the

Washington Times to attack him &

his friends & that Foraker thought it

hopeless to do anything now in the

matter as it would only be talked to

death – “that it was really the Presidents

fight anyway, and not his. He

said the Senator would, of course, bring

it up if he could – but – no hope, &c.

Foraker is a quitter : McCumber

has been working him & Nelson has

been working Piles & both have quit.

I went & saw Col. Boynton, Mgr.

Assoc. Press, & he told me to go back &

see Richardson & Welliver of the

Times – may be McCumber was not

telling the truth. I saw Richardson

the city editor of the Times & he was

frankly honest & remembered the

facts just as I did : Welliver

was not present & I am to go back

& see him in the morning – there is

where the trouble lies – but I am

surprised that he should repeat

such a story – its against news

-paper ethics!! Richardson is

all right – now if I can get Welliver

to tell the simple truth – another

lie will be nailed – but too late I

feat to help me out this session.

Senator Piles says they had my case

up again & McCumber fought me on

the allegation that I had tried to get

the “Times” to attack him & Piles says

he was much afraid of the result!!

What a damned, incompetent

& miserable mess the Senate is

as triers of fact! Secrecy & lying

are the foundation stones.

-20-

Went to see Welliver & Richardson, the Times

newspaper men – and to my surprise they

both agreed at once to make a statement of

the true facts of our conversation – it seemed

to me that Richardson had been talking

seriously about it to Welliver, who wrote

& signed a statement denying that I

had ever sought to have him or his paper

attack McCumber & Richardson O.K. it

I then prepared a full statement in answer

to McCumbers allegations – made

four type written copies &c. Gave one to

Foraker, one to Bailey & another to Piles.

The matter did not come up today but

may at any time. Bailey told me that

he though seriously of blocking confirm

=ations until mine was voted on – he did

not say positively that he would do so.

-21^st-

Nothing, except that Major Lacy has

failed to work his scheme to press the

Dakota senators to let go, as I expected

he would. Have not learned particulars

but will in the morning. Gov. Brady

& Sheldon Jackson are “knocking.”

Foraker has practically “flunked” on the

ground, as Alden, his Sec. said: “It’s the Pres

=idents fight, not his,” and the N.D. senators

are pressing that on Foraker hard,

while Nelson is mollifying Piles by lies.

-22

The morning Post discloses that the

Barnes, Washington Postmaster case

was put ahead of mine yester

=day, upon motion of Carter.

This was done because Senator

Tillman who is fighting Barnes,

agreed to present his objections

to Barnes & then let it go to a

vote, but in my case no agreement

could be reached, except that Nelson

& McCumber said they intended

to fight me to the end of time!!

[sideways, left:] For Continuation of

this book see Book

beginning this date.

[sideways, right:] “Post”, June 22,

1906.

[newspaper clipping:]

“NO VOTE ON POSTMASTER.

Senator Tillman Promises Not to Delay

Action After To-morrow.

No vote was taken in the executive ses-

sion of the Senate yesterday on the nomi-

nation of Benjamin F. Barnes as post-

master of Washington, but on the promise

of Senator Tillman that after to-morrow

he would do nothing more to delay the

vote, it was agreed to take the nomina-

tion up then and dispose of it.

By a vote of 29 to 17 the Senate in ex-

ecutive session displaced the nomination

of James Wickersham to be judge of a

United States District court in Alaska,

and gave preference to the Barnes’ nomi-

nation. The Wickersham case was dis-

cussed without a conclusion being reached.

It is doubtful, in view of the action of

the Senate yesterday, whether this nomi-

nation will be voted on at all at this

session.”

Major Lacey has been trying for

some days to get the N.P. Ry & G. N. Ry.

interests to force McCumber to quit

but so far without avail. He tells

me that a Mr. Carroll, an attorney

from St Louis, and an atty. for the N.P.

went to Chicago to see Pres. Elliott

of the N.P. who was very much incensed

at McCumbers bull headedness, but

could do nothing, as J. J. Hill, of the

Great Northern is the North Dakota boss.

Mary had a little watch

But she swallowed it one day.

And then she ate some Cascarets

To pass the time away.

Alaska State Library - Historical Collections, PO Box 110571, Juneau AK 99811-0571

mailto:ASL.Historical@eed.state.ak.

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