ASL-MS0107-Diary13-1907-1908

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

James A. Wickersham diary [13], August 1, 1907 to January 12 [13], 1908.

[cover]

[TYEE

No. 3

REPORTERS’ NOTE BOOK]

Private Diary.

August 1^st 1907

February 12^th 1908.

“Hands Off.”

[LOWMAN & HANFORD

STATIONERY AND PRINTING CO.

DEALERS IN TYPEWRITER SUPPLIES

616-620 FIRST AVENUE, SEATTLE]

[newspaper clipping]

“Table of Distances”

lists 41 locations between Valdez and

Fairbanks with distances in miles]

August 1^st, 1907.

The Chamber of Commerce and

lawyers of Seward made application

to me in the spring to hold court at

Seward & to appoint a deputy clerk

there. I forwarded the matter to the

Atty. Genl. and when I reached Valdes

a week ago I received a letter from

the Atty. Genl. approving the matter

& fixing the clerks salary at $100. per mo.

The following telegraphic correspond

-ence then took place with Stier:

“Valdes, July 31, 1907.”

Stier, Clerk District Court

Fairbanks, Alaska

Department approves appointment

deputy clerk Seward. Salary one

hundred dollars per month.

Desire you to appoint Myra H. Cox,

daughter Commissioner Howlett. Telegra

=ph me your approval to take effect

August first and also telegraph instruct

-ions to her about her oath and bond.

“James Wickersham, District Judge.”

Answer:

“Fairbanks, Alaska, July 31, 1907.

James Wickersham, District Judge,

Valdes, Alaska.

I do not see that I need a deputy clerk

at Seward. I have trouble enough now

without complicating things by the appoint

=ment you ask. I prefer to let things

be as they are. There is no need of a

deputy clerk at Seward. Will have

no woman connected with my office.

“ Stier, Clerk.

Reply

“Valdes, Alaska, July 31, 1907.

“Edward J. Stier, Clerk district Court,

Fairbanks, Alaska.

Your telegram refusing to appoint a

deputy clerk at Seward received.

If you will not assist the judge of this

court, who has long confided in your

loyalty, in the establishment of the

necessary aids to the administra

=tion of justice in this district you

should resign. My judgment

must prevail in the matter of the necessity

for the appointment at Seward and

you must act as requested or

resign. Answer promptly.

“ “James Wickersham

District Judge.

To this peremptory demand

I received the following:

“Fairbanks, Alaska. August 1^st, 1907.

“James Wickersham, District Judge

Valdez, Alaska.

Have done as you requested – app

=ointed Myra A. Cox a deputy clerk

to reside at Seward. Have notified

her about bond and oath. Henderson

leaves here on Sixth of this month

for short vacation and will report

at Valdes on the first of October.

“ “Stier, Clerk.

And here endeth a lesson to a

good clerk who has grown arrogant

through kindness.

-2^nd-

Nothing in court of importance

No jury cases ready till next week.

Telegram from Fairbanks saying

that Perovich had been repreived

until next February! I

suppose Gov. Hoggatt did it – he

has been in Fairbanks for a week or

so. It’s a case of mistaken clemency.

for Perovichs {act of} murder was cold-blooded

- secret – at night – for money!!

-3^rd-

Nothing in court – raining.

“~~Bertha~~ {Yucatan}” is in harbor from ~~Seattle~~ Seward.

-4^th-

Sunday – sunny day.

It was the “Yucatan” came in last

evening – but the Bertha is

in today. Had a bath and

a big sleep today. Also

assisted Scott, Dep. Dist. Atty.

in concluding some Katalla

criminal business for tomorrow.

-5-

Grand jury called – instructed –

Dr. Boyle appointed Foreman.

Trial civil case Graff v Butler.

“Yucatan” goes out south at midnight

Mr Perry & two insane prisoners

& guards go

-6-

Decided Graff v Butler for deft.

Beautiful day – nothing in court.

-7-

Indictments returned today

Spicer, Assault with int. comt. Rape.

3. Carbans “ “ “ to kill

Hugh Murray “ & Battery

Beautiful day- Court work

running slow – but the glacier

streams high & ugly -

-8^th-

Raining – Lee Van Slyke here

from Cordova. Reports things

there looking good, & probability of

the Ry. coming in there from Katalla.

Bought 1/9 inteest in 37 acres

of land on water front at New town

- west of Valdes : John Lyons, Geo.

Baldwin own the other parts.

Have been half sick for three days

- but feel better this morning

- too much cigars & coffee.

Telegram from Stier, clerk, Fairbanks

saying that case of Nelson & Hensley v

Meehan & Larson was settled & dismissed

Also one from Judge Gunnison asking

if he might establish new Comr.

precinct at Hot Springs for Manley;

I answered to put it off till I

reached there in September!!

Snowing on mountain tops in

plain sight – here in the valley

its warm and comfortable.

Trial jury case = U.S. v Spicer.

Assault with intent to rape Maude Roe –

= verdict: “Guilty.”

-9^th-

Reynolds & Gov. Brady, of the

Reynolds Development Co. took a

boat load of people to their mines

on La Touche Island – Reynolds

insisted on my going but I could

not – it is a complimentary –

advertising scheme for their

mine & I decline to be used

for stock selling purposes.

Trial U.S. v Hugh Murray for

assault & Battery – “Not guilty.”

10-

Grand jury at work: continued

civil case “3 Man. Min Co v Murray”

till next term. Mr. Mullan,

a prominent lawyer from Salem,

Ohio, is here & has visited the court

several days & today Ostrander & he

came & he tells me he will make a

personal report of conditions here

to the Ohio Senators & personally

urge them to assist in my confirmation

“Bertha” back from Reynolds excursion

- Reynolds came to see me – he

is highly complimentary & says Gov.

Brady is now my friend & will do all he

can to secure my confirmation? Reynolds

& his company have bought the Keystone

Wharf – the Sawmill &c. &c. and now

at 9.p.m. they have a Mass Meeting

in McKinley Hall & I just heard him

shout to the delighted Valdesians that

his electric Ry. to the Summit up Lowe

river would be built “before the snow flies.”

I am careful to keep away from the

scheme – their meetings or any entangling

alliance! for I am informed that

they have been paying dividends on

their stock out of subscriptions!

I can hear the swelling applause

of the mass meeting over in the Hall

as Reynolds & Gov. Brady give

vent to abuse of the “Trusts” &

plead for support to the “Alaska

Home Railroad Co”!

Grand jury still at work.

Beautiful day.

-11^th-

Sunday. The town is feverish this

morning with the effect of last nights

“railroad-promoter-get-rich-quick”

“knock-out-the-trusts-while-theyre-waiting”.

meeting. The meeting was a most

skillful game to get the citizens of

the town bound to the Reynolds-Brady

scheme, and it succeeded to the

amount of nearly 100,000 dollars

subscription. Reynolds and Brady

made promoting speeches – and they

had “cappies” prepared to begin

the subscriptions – for instance

they bought the Keystone wharf for

$6000, but the price was made

$7000 & Lathrop took a $1000

subscription & I presume many

others were on the same basis.

People are out staking lots

this morning, and the “Rosy Dawn”

is just dawning. However, it is

an interesting proposition. Reynolds

& his company have just purchased

the Alaska Steamship Co – the “Portland”

“Bertha”, “Jeanie” &c. and have declared

rate war on the Northwestern Co. and

now this Ry. project is launched just

at a time when Hawkins is expected

here to change the Northwestern Ry.

back from Katalla to Valdez. – The

N.W. people admit the Katalla ter

-minal to be error after spending

nearly half a million dollars on it

& when they turn back to look at their

old Valdez project, Reynolds jumps

in with his scheme, and binds

the business men in 3 year rate

contracts, takes possession of

stragetic points, gathers a large

popular subscription, and

is in possession of much that

is vital & will cost the N.W. large

amounts of money if they attempt

to dislodge him:

To the scheme last night

Hemple subscribed $5,000.

Snyder “ 2,500.

Levy & Co “ 2,500.

Lathrop “ 1,000.

Hubbard “ 1,000

&c. &c. &c

They presented a franchise to the town

for a 99 year right of way &c. agreeing

to protect the town from the inroads

of the glacial stream for that time

as a consideration therefor!! Foxy!

I have’nt seen the franchise yet

but I presume that its exclusive &

for 99 yrs. & leaves nothing out that

Reynolds wants. Reynolds has

also bought ½ interest in the “Prospector”

and will install a first class newspaper

plant – so he told me. They have

their newspaper people with them,

and they have certainly gone to shouting

“before the snow flies”.

Gov. Brady opened the Mass Meeting

last night by reading from the Bible!

the story from Nehemiah about the

valiant young man who gathered

a few resolute souls a round him

& rebuilt the walls of Jerusalem

- & then took Reynolds for the young

and ardent soul who now intended

to rebuild the wall of protection

from the Trusts – the Morgan-Gug

genheimer bad men who are threatening

to capture Alaska by building a

railroad for the purpose of hauling

the Bonanza copper mines output

to the coast!! Both of them denounced

the “Trusts” in the name of the Bible

and the People, yet only a few

hours before the meeting, they had

both signed an iron clad trust

contract for joint & high rates between

their Keystone & the Lathrop wharves.

The whole “revival” meeting is so

ludicrous & funny to one who is

able to stand aside & look on

- but the gullibles flocked to their

“mouners bench” with subscriptions.

-12^th-

The commissioners jury of six doctors

called on Saturday to determine the

sanity of “Joe Carbone” – an Italian

accused by three indictments of cutting

with intent to kill – found him sane.

- the remarkable feature of the verdict

being that Six Doctors should agree!!

Now, however, we must try him & he

is a shrieking jumping Italian

of the Mafia or Black Hand class.

Steamer “Santa Clara” coming

up the harbor: Later: Mail: letter

from Debbie and also mail from

Fairbanks. Nothing important

except that Clum – “Major” Clum –

is candidate for Congress against

Cale.

-13^th-

Two important criminal cases

today U.S. v Eagan, forgery, guilty,

& U.S. v Carbone, assaulting officer

in jail & stabbing – guilty.

The Alaska Home Railroad is

really at work & Reynolds has the

town interested. He will probably

get the road out to the Canyon this

fall – but?

Telegraphed & asked Judge Gunnison

if he wished to remain in Fairbanks

this winter – he said “No.” Also

telegraphed the Atty. Genl. situation

& asked to transfer Jap. poachers

cases to Juneau – they wont get

here before 25^th & I must go by

that time to get to Fairbanks

before the freeze up.

-14-

Telegram from Ray, Asst. Dist.

Atty. from Seward {to Lathrop, Dep. Marshal}

saying that he

had just arrived there on the Revenue

Cutter “Manning” with 63 Japanese

poachers on the Seal Islands &

would reach Valdes tomorrow:

I at once telegraphed Atty. Genl.

“Valdes, Alaska, August 14, 1907.

“The Attorney General, Washington D.C.

“Revenue Cutter Manning will reach

“here tomorrow with sixty three Japanese

“seal poachers for tiral. This early

“arrival gives me time to hear cases.

“The grand and trial jury in session

“now. Has department special instructions

“to give. James Wickersham

“ District Judge.”

-15-

Court work small – waiting

for witnesses on Saratoga, and the

“Manning” with Jap. poachers-

Dinner with Mrs. Geo. Esterly –

present Capt & Mrs Hemlich,

Lt. & Mrs. Shuman, Mrs. Hazlett

Mr. Sam. Blum, & I : after diner

we went to Ladies Evening 500.

Club at the Tilacum Club.

About Midnight The

Manning came in – Capt.

Cantwell. comdg: 63 Japs.

-16-

Jap. cases before Grand

Jury. “Manning” & officers

have to remain here for trial

so it will have to be pushed

Another case against Carbone

tried today – Verdict: Guilty.

Dist. Attys. busy trying to get indictment

against the Jap. poachers, who are

now in custody of Marshal.

Created Iliamna Precinct

today & appointed T. F. McLean

Commissioner.

“Saratoga” in – no letter from

Debbie.

Capt. Cantwell of “Manning”

was captain of the “Nunivak,” and

I visited him & his boat in the mouth

of Dall river, above Rampart

in Feb. & Mch. 1901.

Reynolds seems to be crazy!

He is either an unappreciated genius

or an ass – he is paying three prices

for property – and buying recklessly.

-18-

Grand jury returned two indictments

- one against each crew of the two

Japanese seal poachers on St Paul

Island. Appointed Henry Fukanga,

Jap. interpreter, also Ostrander, Leedy,

& Ritchie, attorneys to defend them.

Arraigned them, overruled motion to quash

indictment - & empanelled jury in

case No 106, against the “Kiawa” crew.

Trial will proceed Monday.

-19^th-

Sunday – Prepared instructions

in writing in Japanese cases –

in doubt on one point – viz: the

Japanese sealing vessel & part of

crew remained outside 3 mile

limit – but boats crews came

within & killed seals – Query:

Has the court – the U.S – jurisdiction

to try & punish the crew that

aided & abetted from the open

ocean outside our territorial

limit? I have instructed the

jury that such jurisdiction exists

- but I am in some doubt.

Reynolds is exhibiting signs

of greater genius or ranker insanity

in his “plunging” in real estate &

other schemes here. The town is

greatly excited in a speculative

way - & the end is not yet.

-19-

Trial U.S. v Kadota & 33 other

Jap. seal poachers before jury.

Grand jury returned indictment

against “Big Mike” Sullivan

& others for riot at the crossing

of the Railroads at Katalla.

Jury found three men of the

Kadota crew – guilty.

-20^th-

Verdict of guilty in the Kadota

matter of 3 men this morning

after all night session of jury.

Trial of the other crew today.

- Watanuki & 28 others –

Busy closing up term – think

I can get away on “Saratoga”

-21^st-

The jury in the Watanuki Jap

case out all night – this

morning I instructed them

to compromise & render a

verdict if possible & in an

hour they agreed – found Capt.

Watanuki & two boats crews

“guilty” – 7 men in all, &

3 in Kadota crew.

Sentenced prisoners today

Carbone – 2 cases – 10 yrs –

Eagan, forgery – 10 yrs.

Spicer, assault with intent to rape

a “wild cat” girl – one year. I

felt strongly for Spicer. He was

a soldier – 2^nd Oregon, Co. G.

& has a fine war record – the

girl is a nasty little cat - &

still I could not do less than

1 yr. it was the minimum

Also sentenced the Japs -

Fined 3 men of the Kadota

crew $300. each - $900.

Capt. Watanuk - 500

6 members of Watanuki crew

$200 each 1200.

$2600

Signed a lot of Saloon licenses

= but refused Kid Browns appli

=cation for “dance hall” in the

McKinley Hall – I called “Kid”,

& the dance Hall men in the office

& notified them that women in

saloons must be stopped –

Lathrop, Dep. Marshal & Scott,

Asst. Atty. present.

Organized the Prince William

Sound Com. Precinct & appt.

S. A. Crandall, Commissioner

to take effect Oct. 1.

All the business of the court

was concluded – I leave

with a good feeling behind.

- Even the “Prospector” said

something nice about the

report of the Grand Jury in favor

of my confirmation.

Reynolds, made me a written

offer this afternoon to employ

me as Genl. Counsel, at a

salary of $12,000. a year

& an interest in the schemes.

He makes the offer to be good

for 6 months & intends to

work for my confirmation

Leave Valdez at midnight

on the “Saratoga”

- 22^nd –

Reynolds is on the Saratoga

going to Seattle on a flying trip

- & I will probably have to

talk with him about his offer

& his Valdes scheme of Railroad

&c. I will not consider any

offer of employment from him

or anyone else until I am

confirmed – or resign.

I do not yet understand Rey

nolds, or his scheme. He

has paid out more than $200,000.

in cash in Valdes in the last 10

days – Within three days he

has bought out A. L. Levy & Co

& S. A. Hemple & Co. both bankers

& merchants – He paid Levy

& Co. $50,000. cash on act.

& Hemple a like amount

& is to pay the balance in 60

days – the bal. will amount

to $300,000. He has bought

$100,000. with of real estate

& is building railroad & rebuilding

wharves, &c. lavishly. All this

occurring in a town which

was without hope & dead only

10 days ago has created great

excitement & fills me with

curiosity as to the source and

limit of the means of this

Alaskan Monte Cristo. Is he

plunging? or is it a well

laid plan to do big things

from a plenteous treasury?

We ran into Land Lock Bay

early this morning and are lying

at a small new wharf loading

copper ore which comes down

from a new mine half a mile

above us – on the mountain

wall – by wire cable which

ascends at a 45º angle.

It is Joe Bourke & Steeles

mine. Capt. OBrien & I

were invited up to the house

& took lunch with Mr & Mrs.

Steele & the baby – a 10 mo.

old, fat, happy baby boy.

Raining & we will get out

about dark with enough

copper on to well ballast

our ship – Raining!!

Judge Thompson from

Danville, Ill. is on board.

He has been into the Matanuski

Coal Fields – is not enthusiastic

Judge Adelbert P. Rich.

of the Supreme bench of New York

- from Brooklyn – was in

Valdes this week. He brought

me letters from Judge Hazel

U.S. Dist. Judge, Buffalo, N.Y

& Congressman Sereno Payne.,

asking me to assist him &c.

He & his wife took lunch with me

He was here to inspect a copper

prospect about 12 miles up

Lowe River – nearly opposite

Camp Comfort – I assisted

in getting him a guide, &c.

-23-

Arrived in Katalla early

this morning. “Yucatan” &

“Jeanie” anchored off the

point. Reynolds & his agents

are here gathering up men

- snatching them from the

other roads. The Jeanie

will take 250 or more of them

to Valdes. Dick. Ryan got

aboard here. Hawkins

is still here – but goes to Valdes

soon. Morrison of the

Bruner road goes with us to

Seattle. Under way to sea

at 12. noon. Mr. Harlan

is on “Yucatan” – going to Valdes

to try the Jap cases!!

1907

August 24^th

My 50^th Birthday

A beautiful day – and

not sea sick – but I am

never comfortable at sea.

25-

E. C. Hughes, lawyer, of Seattle

is aboard – this is his 52^nd birthday

Beautiful day – strong fair –

north-wind & we are making good

time. Passing along a few miles

off Queen Charlottes Island.

Reynolds is a bright, virile,

fellow, with some good ideas

& large ones too, but in some

things he is very ordinary

& exhibits poor judgment.

In his attempts to organize the

industries of Valdes has entered

into a dance-hall scheme with

“Kid” Brown - & proposes to aid

a vaudeville scheme organized

by himself & the “Kid.” But more

reckless than this attempt join

“hookshops” & dance halls to his

legitimate schemes is his

open flaunting of “Johnnie”

or Myrtle Eaton – a “prostituting

fairy” – a graduate from the Horse

Shoe Dance Hall – and who now

offers fancy millinery as her

mask for more respectable (?)

prostitution. She is with

Reynolds – he seats her at

his elbow at the dining room

tables, talks with her confiden

=tially & publicly & their affair

ois so bold, open, defiant & foolish

as to call forth much adverse

criticism. He is easy – for

she is a cheap flower – and

lacks both style & sense.

Poot, his hotel manager, Crary

his newspaper manager

{Quinn, his electric manager,} and

other heads of his various depart

=ments re on board – and are

all – even Kid Brown is –

disgusted with the cheapness

and commonness of his

vices – It is even too poor & cheap

to attract those who would excuse

a fair display of vice.

Queen Charlottes Islands-

we’ve coasted 10 miles or less

{off shore} along

‘em all day. They’re mountainous –

and with few harbors next the Ocean.

Timbered – craggy - & rough.

-26^th –

Off north end of Vancouver Is-

Another fine day – wind blows

from the north – clear – and the

feeling that –

“The melancholy days have come

The saddest of the year

With waiting winds & naked woods

And Meadows brown & sear.”

The first day of fall – and a fine

one – but it makes one feel one

=some. The longer I stay in

Alaska - the more I feel that

I am falling forever away from

my home and friends. There

is the usual betting on the hour

of our arrival in Seattle, in which

I do not join. Have met old

“Cal. Huddleston” – miner,

plainsman, hunter and simple

life enjoyer, from the Yentna

- under the shadow of Mt. McKinly.

Also C. F. Yeaton of Sunrise,

70. years old, pioneer: both these

old men are going out with a

small fortune to rest the balance

of their days in peace, - hale

hearty, strong & courageous.

Reynolds & Miss Eaton are

now spoken of as “Reynolds

& his maid.” “Love is blind

but the neighbors are not.”

-27-

In the Straits of de Fuca

this morning at 6 a.m.

Quiet gentle, placid, sun

=shine, green fields & comfort.

It costs to be a pioneer or

empire building judge!

Arrived in Seattle at 5 oclock

found Debbie at Rainer

-Grand Hotel – Darrell O.K.

-28-

Still in Seattle – nothing

doing. Perrys here – No

news of interest.

-29-

Debbie went with Darrell

over to Bremerton – will bring

her trunk &c. Bishop Rowe came

in from Nome on the “Puebla” today

he took lunch with me.

-30-

Went to Tacoma – looked

after my taxes, &c. Tacoma

does not keep pace with

Seattle – its a slow, sleepy

place – but I love it just

the same.

-31-

In Seattle - Perrys go

north tonight on the Dolphin.

Debbie & I each bought a

warm fur coat for winter.

Henderson, dept. clerk is

here & gave me news from

Fairbanks – nothing of

any importance.

Sept. 1.

Dinner with Capt. & Mrs. Jar

=vis. “Buster”, “Billie” & Anna.

Greatly enjoyed my visit – Jarvis

Boys are fine manly fellows.

Sept. 2.

Went over to Tacoma. Debbie

& Darrell came & we took a

carriage ride out to our Puy

=allup valley land. Went to

the theater, and saw some of our

Tacoma friends. Donnelly Hotel.

Sept. 3.

Back to Seattle, packed &c. The

“Northwestern” came in from Nome

- Gov. Hoggatt came – he is cold

& unfriendly & he and Shackleford

are trying to fill Jarvis with

prejudice. Bishop Rowe

is here – Dean Stuck & Mr.

Jenkins, episcopal minister at

Ketchikan, ditto.

Took the SS “Humboldt”

Capt. Baughman tonight for

Juneau & Alaska.

-4^th-

Gulf of Georgia – beautiful day.

Took sick this evening

- severe chill – high fever.

-5-

Very sick today – taking

quinine – seems to be an

attack of malaria.

- 6

Ketchikan – am much

better today.

-7-

Reached Juneau at 4 oclock

& went to courthouse – called

court. Settled several bills of

exception on appeals &c. &c.

Worked till midnight – got

everything done for the lawyers

but the clerks records could

not be written – so Page

& Fox, deputy, came with

us for Skagway.

-8^th –

Ft. Seward for an hour, arrived

at Skagway in evening and

went to the “5^th Avenue Hotel.”

Kept by Charlie Runner &

Miss Burke. Am now

Am now –

preparing my letter of

resignation directed to the

President.

Sick tonight & called in

Dr. Braun, - he has washed

me out with salt water &

hopes Ill be all right tomorrow.

-9^th-

Skagway to White Horse.

Beautiful sunny day –

fall weather – fine trip.

-10-

Our boat will not go out

till late tonight = this forenoon

I spent in preparing my

formal letter of resignation

- which I have finally agreed

on with Debbie. We’ve

talked it over constantly

since leaving Seattle – I

tried to get her to remain

in Seattle, agreeing to resign

& come out from Fairbanks in

February – I must go in

there to collect moneys & arrange

my business affairs – but she

preferred to go in with me &

come out, if necessary, in March

over the snow. – So I am now

preparing my letter of resignation

with her assistance.

I am determined to quit –

I only fear the President

may not understand it

as I want him to.

My letter of resignation reads

as follows:

“Juneau Alaska Sept. 7, 1907

Theodore Roosevelt: President of the

United States. Washington, D.C.

Sir: I wish to resign the office

of District Judge of Alaska, to which

you have so frequently appointed me.

Several things make it desirable

to do so at this time besides the

fact that I am a poor man and

now have a reasonable and proper

opportunity to re-enter the law practice

with a fair prospect of accumulating

a small competence before opportunity

fails or old age overtakes me.

The first of these is that it seems

hopeless to expect those senators

who have opposed my confirmation

to ever cease to do so.

At a recent term of court held

by me at Juneau, Alaska, upon

special request of the Attorney General

I had the misfortune to decide an

important cause involving the

career of a young lawyer in a

way contrary to Governor Hoggatts

views. Thereupon the Governor

withdrew his friendship, which I

had highly valued, and criticised

me so that his loss of confidence

became publicly known. His

view was both unjust and pre

=sumptous, but his opposition

and refusal to support the

court added greatly to my

burden.

I have greatly desired a

confirmation by the Senate of your

action in reappointing me as

judge in this frontier district, but

I now think it is vain to expect it.

However, since you have approved

my service by several recess

re-appointments and have thus repeat

=edly given your high endorsment

thereto, and since the Senate would

have confirmed by a large

majority except for the rule of

unanimous consent which per

=mitted two Senators to prevent

it, I shall bear this injustice

with patience.

I do not wish to abandon my

post, however, without your consent

nor until you can supply my suc

=cessor. By repeatedly appointing

one in the face of opposition you

have assumed a responsibility

that places me under such obligations

that I do not wish my resignation

accepted without it is entirely

satisfactory to you.

Then, too, it will be some time

before you can get my successor to

Alaska, and I shall deem it a

duty to keep court in active progress

until you can do so. My successor

can come into Fairbanks via Valdes,

at any time after January first

1908, and could take the oath

of office at Valdes. It is highly

necessary to keep court open in

that way.

I have the honor, therefore,

to request that my resignation

as district judge of Alaska, third

division, be accepted to take

effect not later than March 1^st

1908.

Respectfully,

“ James Wickersham

“ District Judge, Alaska

Some other considerations

appeared important enough to

mention as grounds for my

action – Debbies health

and my inability to give her

attention in Alaska being

an important one – but I

concluded to base it only upon

those mentioned. George

wrote the letter for me on a

type writer borrowed from

the White Pass Ry. & I sent

it in an envelope to Page,

Clerk, Juneau, with instructions

to put it in the Post Office

- & the end of my political

career was reached with{out} a

pang of regret – with real

genuine feeling of relief.

I can now begin to organize

my home – library – and

my own private fortune.

-11^th-

We left Whitehorse this

morning – rather about mid

=night – on the Str. “Selkirk”

Lake La Barge, 30 Mile, &c.

Fine day and the most beautiful

coloring I ever saw – The frosts

have colored the leaves yellow

-gold and red – the hills & mount

=ains are thus showing the talent

of the frost king for coloring –

-12-

Minto – Selkirk - & the Pelly.

As we go north it falls & looks

more and more like early winter.

My dysentery is some better but

I am far from over the attack.

Debbie stands trip well -

-13

Indian Red. at Breakfast

25 miles from Dawson, which

we’ll reach at 10 oclock.

Major Wood

{Comdg. the N.W. M. Police} came with us

from Whitehorse. The major

is tall – slender, clean shaven

50, looks like a Sioux Indian

& drinks “scotch whisky.”

Capt. Fitz Horrigan, his aid, is

rather portly, greyhaired, social,

and looks and flirts like an

Irishman – handsome Mrs.

Murphy, with little “Jack” her

two year old son has not lacked

for attention. Arrived here

just too late to catch the “Hannah”

which left for down river yester

day at noon.

-14^th

Dysentery bad.

Poor old Dawson – she is

on the down hill side of life –

cabins uninhabited – going to

decay – everything looks as if

the town is utterly deserted.

Dinner last evening with

the Roedigers. Nothing new.

Jack. Robinson, Depty. Marshal

from Eagle is here trying to extra

=dite a deserting soldier

from Eagle – for embezzlement.

Major Wood send Capt. Horrigan

to show me a complaint which they

had received from Thos. McGuire

a British subject, complaining

of sentence for petty larceny

at Ft. Gibbon. I promised to

look into the facts when there

-15-

Sunday – cloudy & the first

snow of the season – Remained

around hotel all day –

The Str “Dawson” came down

from Whitehorse : Kellogg & wife

Lynch, from Esther Creek & others

for Fairbanks came on her.

-16-

Nothing about boat from the

lower river yet. The N.A.T. & T.

boat “Hamilton” is now due

but not reported at Eagle.

The launch “Eli” went down

to Eagle on Saturday: the Gillil

=ands, Howard Turner & Jack

Robinson went down on her.

-17-

No boat for down river yet.

Today called on U.S. Consul

Coles, Gov. Hendreson, Judge

Dugas, and on Messrs Perry

& Thomas, managers for the

Guggenheims – the great combine

for dredging Eldorado, Bonanza

& the Klondyke. My dysentery

is gradually getting well!!

-19-

Steamboat! The “Hamilton”

passed Eagle at 9:30 this morning

& will be in Dawson tomorrow

- & will go back down the river

on Saturday. Dinner with

Mr & Mrs. Finnie & “Dick” Jr.

Beautiful day

-20^th -

Patiently waiting = Regina Hotel.

Dinner with the Roedigers tonight

They kept open house today

“At Home” & Mrs. W met many

of the Dawson ladies.

Roediger had telegram from

Ward – “News” – Fairbanks saying

that the Republicans held a

primary election at Fairbanks

yesterday to elect delegates to the

Republican Territorial Convention

at Juneau in Nov - Cale was

endorsed against Clum.

Taft won – and Casey Moran

Ed. News. Challenged Dodge

to vote on me – and that my

friends also won out.

Had dinner with Governor

Henderson tonight – a formal

dress affair – though few present.

Gov & Mrs. Henderson, Mrs. W

& I, and Ex Gov. Congdon & Capt

Fitz Horrigan – in his English

red coat. A very pleasant

affair – though my shirt stud

broke out & my shirt front

annoyed me by spreading open.

Boat tomorrow at 2:0

-21^st-

Left Dawson at 4 oclock

on steamer “Charles Hamilton”

with a crowded list of passengers.

Forty Mile early in evening &

owing to darkness laid up

there till daylight -

-22-

Eagle – Remained nearly all

day at Eagle – Visited the town

& our old home – wandered

around the post, &c. There

are not half as many people

at Eagle as there were in

1900, and but for the Ft. Egbert

it would be nearly deserted.

Mr & Mrs. Meyers are the

last of the old friends there –

except Cora – no Mrs. Cora

Thompson – with two babies.

The Str. “Seattle No 3.” was

also at wharf – Major Richardson

& Harry L. Cohn, asst. dist. atty.

on board. I had quite a

long talk with Major Richardson

& told him I had resigned.

He expressed regret at that

and mildly criticised Hoggatt.

He gold me that Hoggatt said

he was angry at my criticism

of Shackleford in the Cobb case,

& that I did not come to him

& make an explanation!!!

-23^rd-

Circle City - & snowing.

Appointed R. M. Dobson, justice

of the peace, here, in aid of

Votan, who is temporarily out

of the country. Heavy snow

- bought some Indian tanned

moose hides. Lying at woodyard

near Halfway island, tonight

loading wood -

Passed the “White Seal” & the

“Lavelle Young” going up the

river, early this morning

above Circle.

While in Circle two Indian

girls – young woman – met me

{on the street} one of them smiled at me in

an ingratiating way. I glanced

at her and passed one. Again

I met them, and again both

smiled and seemed to wish

to attract my attention – but

I swelled up with Virtue and

passed on. A third time they

met me – on the street crossing

and again a smile – and a

determination to gain my

attention – this time it

became so apparent that I was

forced to stop when the

youngest and best looking

came close up and said in a

low tone. “How much divorce

cost?” They knew I was the

Judge who granted divorces and

she wished one – while she

waited. Even Circle City

squaws are assuming Chicago

airs! I explained – not to her

satisfaction either – that she

must see a lawyer. She left

me, without a smile, and in

evident disgust at my lack of

appreciation and power.

Snow a foot dep.

-24-

Ft. Yukon in the forenoon.

Some signs of prosperity –

a new log Episcopal Church,

& McInroys new trading post

give a sign of life to the old

place. Much quarreling &

bickering – Miss Wood the

Episcopal teacher has gone

into the trading post business

& it will do great damage.

Already Beaumonts & the

McInroys crowd are against

her and will do all in their

power to injure her trade &

her influence with the

Indians. Nearing Fort

Hamlin tonight.

-25-

Rampart in the forenoon

Met Comr Ballou, and Dep

Mar. Drake. Inspected offices

&c. & visited people. Left some

of our passengers – Met the

“John C. Barr” in the afternoon

below the “Rapids,” – and the

exchange of passengers and

freight made – the “Barr” taking

us & the Hamilton taking the

Barrs up river passengers

& barge & returning to

Dawson. The Barr is

much smaller than the

Hamilton & our crowd filled

it to overflowing. The state

rooms are small with three

berths in each. Cots – the

floor and the tables were used

to supply the want of beds –

and 90 people were to be fed

in a small hall – in three

sittings. Capt. Blair

kindly offered us his room

on the texas – the upper deck,

and thus relieved Debbie

from much discomfort.

We reached Ft. Gibbon about

8. p.m. and left there at

midnight for Fairbanks.

Comr. Bathhurst interviewed

me on the necessity for making

his a recording district –

& I am impressed that it ought to be.

-26^th-

Cosna, & Hot Springs.

A beautiful fall day – no

snow – the river high – a

bright sun; a pleasant

room – makes it a very

pleasant trip for us –

The Barr is making good

time & we will get in Saturday

morning. Capt. Barr

is a New York City boy &

during the winter – when off

duty on the Yukon, runs a ferry

from Jersey City to 23^rd St.

N.Y. Our room on upper

deck a pleasure to Debbie.

The river is high -

-27-

Nenana – the country

at the mouth of the Ne-na-na

is the prettiest in Alaska.

-28-

We reached Chena at 7:20

- just too late to catch the

train & waited 2 hours

for trains to Fairbanks –

Edgar is conductor on the

train & informed me that

the “Times” this morning

had the first announcement

of my resignation.

Many of my friends are

disappointed that I resigned

- but they did not have to bear

the burden, pay the expenses

nor repay the losses by

worry & years of fight

-ing without an opportunity

to fight back. I am

satisfied – and that ends it.

The Times & News have the

usual editorials – one

claiming the victory & the

other announcing my retire

=ment with great credit, &c.

Beautiful day – Received

my second class mail of

last winter!!

[newspaper clipping:]

“(Times Special Service.)

WASHINGTON, Sept. 27 ==President Roose=

velt announced tonight that he had received the

resignation of James Wickersham as judge of

the Third Judicial Division of Alaska, the same

to become effective upon the appointment

of his successor.

The president further announced that the

resignation would be accepted, and that he

would appoint Judge Wickersham’s successor

in October upon his return to Washington from

his Western trip. It is understood that Judge

Wickersham will engage in the practice of law

at Fairbanks. M’CORMACK.”

[second newspaper clipping:]

“ The fight that has been made

against the reappointment and con-

firmation of James Wickersham as

judge of the Third judicial division

of Alaska is at last at an end.

This result has been brought about

by the tender of his resignation to

President Roosevelt, to take effect

upon the appointment of his successor

and the announcement by the presi-

dent that such appointment will be

made by him upon his return to

Washington in October.

In view of all the circumstances of

the situation, The Times feels that is

is fully performing its duty to the

public by presenting the facts with-

out extended or unnecessary com-

ments.

The position which this paper has

taken and which it has steadily pur-

sued is well known.

It has fought its fight without

fear and without hope of reward ex-

cept such as it may share with the

general public when confidence in”

[newspaper clipping continues:]

the judicary shall have been re-

established and the feeling of fear,

uncertainty and oppression which has

heretofore existed in this division

shall have been removed.

The satisfaction which we feel at

the outcome is entirely impersonal.

We glory and exult in the defeat or

adversity of no man.

The Times took up the cudgel

against what it conceived to be a

judicial situation that was a travesty

upon law and a mockery upon jus-

tice. In the contest which followed

it nailed its colors to the mast, to

remain there until the ship sank or

the battle for right was won. The

fight has been won. To this result

we feel that The Times has in no

small way contributed and that in so

doing it has remained true to its

principles and has justified its exist-

ence.

It is now to be hoped that in ap-

pointing a judge for this judicial di-

vision President Roosevelt will be

fortunate in his selection. All that

The Times desires in this regard is

to see the district court presided over

by a judge whose legal learning and

ability shall command respect and

whose honesty and integrity shall in-

spire the confidence of all.”

The above extracts

from the Morning Times

& those following

from the Evening

News of the same day

[newspaper clipping:]

“WICKERSHAM’S RESIGNATION.

Judge Wickersham has resigned. For

two years he has had such a move,

he says, under consideration, but re-

fused to step down while under fire.

During that time he has been pelted

right and left by men who opposed

him because his decisions did not suit

them. Investigators have been sent

here but they failed to find any of

the charges against the presiding

judge substantiated.

To be sure he was charged with

bowling a game down at Fred Mar-

tin’s, but that had nothing to do with

his decisions in court on mining ques-

tions. A moral or mental giant of

this city brought in the gambling ques-

tion to oust the judge whose mining

decisions were not to his liking. And

so it has bone. The camp was split

into factions. The men who were

fighting the judge kept him there by

that very fight. The president told him

personally after reading the the report

of the investigators that he would re-

main judge as long as he was presi-

dent.

The live sprit of the camp was

killed. The Wickersham matter was

drawn into every municipal or dis-

trict affair. No person or persons

could make a move in the camp but

his or their motive was questioned

It became so unbearable the people

cried enough.

Last summer a Mr. Cooley was sup-

posed to come in here and investiagte.

He failed to show up. The activity

of the anti-Wickersham men began to

wane, and it died a few days ago at

the republican primaries, when the

judge was endorsed, even though a

train load of republicans (?) were

brought from the creeks to defeat

such an end.

Seeing that the fight against him

had come to an end Judge Wicker-

sham resigned.

The fight has brought what? Noth-

ing except discord and strife. It has

injured the town and the district. It

ahs cost the anti’s thousands of dol-

lars to keep it up. Judge Wickersham

could have made several times his sal-

ary had he been practicing law. He,

too, is loser. And after these men

quit and find the fight useless, they

are astonished to see Judge Wicker-

sham step down and out.

Our earnest and sincere hope is

that his successor will be as capable

and fearless as he has been, for

as years roll by this records as a

judge will stand out with ever

increasing brilliancy.”

[newspaper clipping, line breaks ignored:]

“JUDGE WICKERSHAM

LEAVES THE BENCH

WASHINGTON, D. C., Sept. 27. –

President Roosevelt today received the

resignation of James Wickersham as

judge of the Third judicial division of

Alaska. The letter of resignation asks

that Judge Wickersham’s successor be

appointed as soon as possible after the

resignation is accepted.

The president stated that he had not yet

considered the question of a successor to

Judge Wickersham, and would not do so

until after his return from his trip through

the South late in October.

The resignation came as a great surprise,

even to the intimate friends of the judge.

No reason is given for the resignation, but

it is stated that Judge Wickersham has been

for a long time desirous of entering the

private practice of law in Fairbanks.

After a very pleasant trip down the river

from Dawson, Judge Wickersham arrived in

Fairbanks this morning, being a passenger

as far as Chena on the Barr.

The one topic of conversation around

town today was his resignation as judge of

the Third judicial division, and he gave the

story personal confirmation on his arrival.

“The report that I have resigned is true,”

said the judge to a representative of the News

upon his arrival this morning. “It is a matter

of extreme gratification to me that throughout

the controvrsy which has arisen over my

retention of the office I have had the confidence

of the president, and have all along had his

personal assurance that, so long as he was

president of the United States, I would occupy

the office of judge of this division..

“My private interests are such, however,

that I cannot, with any degree of justice to

myself, continue to longer serve the government

in that capacity.

“My resignation is to take effect on or before

the first of March next, and I am hopeful that

my successor will have been appointed and will

have qualified by that time. Who my successor

will be I have no idea. I have not interested

myself in the matter in any way.

“I have had the feeling that the court has

enjoyed the confidence of the people since the

time of the Third division was organized, and the

public’s endorsement of the work of my office

as expressed in the vote at the Republican

primaries held last week is gratifying to, and

appreciated by, me.”

Judge Wickersham will immediately proceed

with the term of court already called.

After his sucecssor qualifies he will engage

in the practice of law, making his permanent

residence in Fairbanks, where many flattering

inducements have been offered to secure his

services in a legal capacity.”

-29-

Sunday – at home trying to

get things comfortable – The

house is in pretty good shape

& old “Don”, our dog, was very

happy to see us.

-30-

Getting office work going slowly.

I am greatly surprised at the

report that the Anderson jury

- for the trial of Cap. Anderson

for forgery – was fixed by Barn

=ette, to help Anderson off-

The story is that for some arrange

=ment between Anderson and

Barnette – McArthur, Barnettes

brotherinlaw was left on the jury

with an agreement to “hang” it

- the record shows that McArthur

was on the jury – that he voted for

acquittal, and no possible

human excuse for Anderson’s

having McArthur on the jury

can be made, except that he

was “fixed.”

October. 1^st

Working in office &c.

Octo. 2^nd

Our house in pretty good shape

& we are now quite comfortable.

In the matter of the delegates

to the Juneau Convention a “funny”

mix up has occurred. Owing

to the fear that none of the delegates

might be able to go there, Heilig

- for the delegates – and without

much thought – sent the creden

=tials for the 14 delegates, with

an appointment of proxy by

each, but the name of the proxy

in blank – to be filled in – to

Louis P. Shackleford, at Juneau.

when I told him that Shackleford

was Hoggatts partisan – and

opposed to Cale, to Territorial

government, to me, and to

everything the delegates had

been elected to support – there

was blank consternation.

It has resulted in an

agreement to send Tozier

out with proxies from the delegates

& a cancellation of Shacklefords

power. Claypool desired to

go, but I insisted that he could

not be trusted and McGinn &

Tozier agreed with me – Tozier

will have to go overland during

this month by stage – an unpleasant

trip!

Octo. 3.

Nothing new – at work in office.

Have consulted with Cousby,

Acting District Attorney about

fixing the Anderson jury, but he

finds much trouble to disco

=ver a statutory provision

under which they may be punished.

-4-

Nothing much, except that

candidates for the Judgeship

are springing up thickly.

Harlan telegraphed me from

Valdes saying that he contemplated

being a candidate & asking me

to endorse him & saying that

he regretted my resignation.

His impudence made me mad &

I telegraphed back that I would

not endorse him & that I

regretted that he was not in

Fairbanks attending to his business.

-5^th-

Am about to enter into a business

arrangement with Heilig, Tozier,

Lloyd & Taylor, in a mining scheme

in the Kantishna – they offer me

1/16 interest in the whole thing

for $5000. and I am almost

persuaded to take it.

Dinner tonight with Mr & Mrs.

Dundas.

-6^th-

Completed preliminary plan

for contract tomorrow by which

I am to purchase a 1/16 interest

in Lloyd & Taylors mines on

the Kantishna, for $5000.00

We are to organize the Alaska

Stibnite Co. and the Conwyl

Mining Co. – the first to take over

the Antimony mines – the second

the gold mines (quartz - & placer).

Snowing – looks like winter.

Dinner with Capt & Mrs. Barnette.

After dinner B talked to me

about partnership in law business

with McGinn, as soon as I am

off the bench – said but little, but

think well of it.

-7^th-

October Term of Court.

begun this day.

-8^th-

Finished purchase of 1/16 int.

in gold mines & stibnite mines

from Lloyd, et. al. by deed from

Heilig = paid Heilig $5000.00

and he gave me deed.

Court work slow yet.

Grand & Trial jury drawn.

-9^th-

Assisted Heilig, et al. in the

formal organization of the Conwyl

Mining Co. and the Alaska Stibnite

Co. – the former with authorized capital

stock of $2,000,000. the latter $1,000,000.

Thomas Lloyd, Wm Taylor, Heilig

Z. A. Scouse, & Tozier & I incor

=porators. Snowing. Nothing

much in court.

-10-

Court work dragging & hard

to get the attorneys to do anything.

Am preparing remarks on “Alaska

Territory”, for delivery at banquet

on 18^th – the 40^th anniversary of

the raising of the American flag in

Alaska. I hope to make it

clear that Alaska is a territory

- has a “territorial form of gov

=ernment,” and that those

who – like Gov. Hoggatt, say

they oppose the adoption of a

territorial form of government for

Alaska, do not think or

speak clearly.

-12-

Busy in court – am now

getting work started.

Snowing & wintry.[continued below]

-13-

Busy on remarks for anniversary

of Flag Day – on Alaska, a

Territory.

-14-

Grand Jury empanelled –

Court now working.

Appointed Jerry Cousby,

Dist. Atty. act. Disability

of Harlan – at Valdes.

[April 12 entry continues at bottom of page:]

Met McArthur on street &

refused to shake hands with him.

Said to him that I ~~refused~~ had no use for

a man who sat on the Anderson jury

& acted as he did – He complained to

McGinn who told him the less he said the better.

-15-

A row with Pratt today.

He is attorney for Leber who

was served with subpoena

last winter to appear in

court, but ran away. We

caught him at Valdes on a

contempt proceeding & allowed

him to go on bail. The case

now comes up for trial. Pratt

demanded a jury trial – which is

in the discretion of the judge – and

for fear that my action would

be adverse – Pratt advised

him to go – so Pratt says –

he came into my office at

before court met at noon

and in effect said to

me – no one being present –

“I am going to ask for a jury

trial – I dont want you to

try it – If you do it will be

very disagreeable for you.

and then began to talk &

argue about the case.

I said nothing but quietly

got him out of the office.

When court met and the case

was called for consideration

he asked for a jury trial – Stevens

objected – and I refused to

allow it upon the ground that

it was my duty to protect the

court from assaults.

I then repeated from the bench

in presence of Heilig, de

[written in margin:]

He said he advised Leber to go away in

violation of the orders – subpoena.

Journet, Dundas, Magnin

& others the conversation which

Pratt had carried on in the

privacy of my chambers – he

admitted the conversation

- whereupon I roasted him

&& said that I had met with

many disagreeable things

while holding court here

but the most disagreeable

of all was he & his clients.

That I would set the Leber

case for trial on Friday &

that if Leber was not here

I would send a warrant

for him. Pratt walked

out chewing tobacco like a

cane mill, but thinking.

-16-

The Chena River is frozen over

& all boats in winter quarters.

This is two or three weeks early.

The “Florence S.” a small steamer

employed by Tom Lloyd & Taylor

to take our supplies up to the

Kantishna got no farther than

Chena. This will greatly hinder

them in the winters work on the mines.

Court work getting brisk.

Grand jury at work and

Cousby acting District Attorney.

Beautiful, sunny, cold days

& clear nights. Good trails.

-17-

Have been hearing contempt case

against John Klonos, et. al. for two

days – refused to convict for contempt

because no bond to secure injunction

violated.

Banquet tonight in celebration

of 40^th anniversary of Alaska Day

- the day when American Flag

was raised first at Sitka

I made an Address: “Alaska,

a Territory,” other good addresses

and an enjoyable meeting

I took the legal position that

Alaska is a Territory, and

now has a Territorial form of

government. My reception was

flattering – highly gratifying.

-18

Banquet last night successful –

pleasant & agreeable.

Leber contempt case went over

until tomorrow at 2 oclock.

-19-

All day typing the Leber Contempt

case. Pratt threatened that if

I tried it he would make it

disagreeable for me and he did.

He raised all kinds of small

& immaterial points & argued

them at great length – accused

me of bias & prejudice &c. &c

but I preserved both my temper

and dignity and went ahead

with the case – till 5:30 this

evening - & I am tired.

News of the 19^th

[newspaper clipping:]

A FAMOUS SPEECH.

As years roll by and historians

settle down to their work of record-

ing the big things in the life of

Alaska the speech made by Judge

Wickersham at the Alaska Day ban-

quet Thursday evening will come in

for its full and well-deserved share

of space in history.

It was an able and remarkable ad-

dress inasmuch as it dispelled some

false notions that have been held re-

garding the political status of Alaska

and at the same time held up in a

remarkably clear light the rights

which are for some reason withheld

from citizens of this territory.

Judge Wickersham had carefully

prepared himself for the occasion.

Guided by a judicial turn of mind he

did not stop his investigation to es-

tablish the exact status of the terri-

tory until he had examined all the

supreme court decisions where the

question of its political affiliation

with the nation was one of the ques-

tions to be determined. And in this

regard it might be said that he is

perhaps the best authority in Alaska

regarding this one feature of our

ties with the union.

He set everyone right on the dif-

ference in the cries between terri-

torial government and self-govern-

ment and when he said that while

it was provided that Alaska was

to be a territory with the three

popular branches of government he

made a distinct impression on

everyone by the emphatic manner in

which he said that while the execu-

tive and judicial branches had been

provided, the legislative branch was

still lacking.

That the speech will be copied far

and wide there can be no question,

for not only will Alaskans study it

closely, but also our friends on the

Pacific coast who are hearing our

cry to congress and who wish to

assist us if possible.

Clearly and concisely describing

the political standing of Alaska it

was with the greatest enthusiasm

that the eminent jurist turned to the

toastmaster and declared that he

had been, is now and would always

be in favor of the people governing

themselves. And this man who has

had more executive work to do in

Alaska than the appointed governor,

said with true spirit of a patriotic

citizen that the highest ideals of

government is one “of the people, by

the people and for the people.”

We not only earnestly suggest that

every citizen read the speech care-

fully to put himself in possession of

important and until now little known

facts about our political position,

but we would ask that some of the

friends of Governor Hoggatt take

him quietly to some secluded spot

and read it carefully to that gentle-

man.

Fairbanks Tribune 19^th

[newspaper clipping:]

“ Judge James Wickersham’s address

on Alaska, a Territory” was nothing

short of amazing as an education in

the matter that has during the last

year involved the entire territory, the

question as to whether home rule

should be given Alaska. There was

no evasion in the speech, the whole

being a powerful argument on behalf

of a territorial form of government.

Every paragraph of that speech

should be read by any man who has

the slightest desire to study the im-

portant question. The speech is print-

ed in full in the Fairbanks daily pa-

pers, and also would be reproduced in

The Tribune but for lack of facilities

to handle an article of such length.”

-20

Tozier is going on--------

afternoon to ----------

Having the res----------

Claypool who is trying to prevent

Tozier supporting me for delegate

to the National Convention. He- Clay-

pool, wants to go, but the delegates

here don’t want him. I don’t

want to get into a fight about

it. Have raised $450 to pay

Tozier & expenses - & I loaned

him $500. more – but on his

distinct agreement in Heiligs

presence that he would pay it.

-21-

Trial of U.S. ex. re. Fleming v Leber

concluded – Pratt has made good

his threat that he would make it

disagreeable for me if I tried the

case – he & Leber filed affidavits

that I was biased & prejudiced,

against Liber &c. and Pratt gave

his usual intense personal

bias to the case all the way

through, but I kept my temper

& found Leber guilty & fined

him $250.00 & costs.

Also ordered Dept. Dist. Atty.

to prepare charges for contempt

for threatening me & for advising

Leber to violate the subpoena.

-22-

Telegrams this morning say the

case of Charlton v Kelly was

affirmed by the Circuit Ct. of Appeals.

Hope so, for the instructions in

that case are very important

in mining cases.

Trial of Pratt, for contempt,

called at 4 oclock, but he asked

for more time & I granted 24 hours.

It is still hard to get the

attorneys down to work & no

jury trials heard so far.

Dinner with St. Georges tonight

-23^rd-

The Pratt case was tried today

He demanded all kinds of

impossible rights, but after

permitting him to read what

he called his explanation to

purge him of contempt – which

was in effect a statement that

the court had misunderstood

his meaning – or lied about it.

I held that he had no right to a

trial – no right to a hearing

to prove that the court was

wrong – but that the “judicial

eye had seen, the judicial ear

had heard, the judicial mind

had formed its judgment,” and

the only thing further to do was

for “the judicial arm to reach

forth and administer the

punishment” – which {it} I

did and imposed a fine

of $300.00 He was greatly

relieved when I did not give

him a term in jail as he

expected – and deserved.

-24-

Newspaper reports are that

the Anti Hoggatt people have

a majority in the Juneau con

=vention – and will endorse

local legislative government

for Alaska. I anticipate

a bitter fight between the factions

The reports say that Cale is

leading for nomination for

Delegate and that I am also

favorably mentioned. The

“Times” this morning has a

strong Cale editorial - and

declares itself in favor of his

renomination – I at once

sent for the News reporter &

gave out the statement that

I am not a candidate. I will

not be a candidate and will

not accept the nomination

if tendered. I am for Mr. Cale.

The News published that

tonight & sent a telegram

of that kind to the P-I. at Seattle

Tonights dispatches say

that there is almost a panic

in the money market in New York

Gov. Hoggatt is yet at Valdes

investigating the recent shooting

in the Keystone Canyon.

-25-

Court work now good & the

lawyers beginning to move.

Trying jury cases.

Outside telegraphic

news that President says

he will not appoint any

local candidate for judge

- but all such and all dis

patches are guesses.

Beautiful weather.

Another telegram from Darrell

saying that he had been order

=ed back to the Nebraska.

Created the Ft. Gibbon

Recorders Precinct today.

Appointed John Bathurst

Commissioner.

-26-

Beautiful fall weather.

Jury trials in court.

Dinner at home tonight

Mr & Mrs St George & Mr & Mrs Dundas.

Attended “High Jinks” at

the Tanana Club. I have now

consented to join the Club – and

intend to be more social – now

that I am out of office –

or soon will be. I

responded to the toast tonight

of “The Court” – and spoke

in a humorous & reminiscent

way upon the Dignity of the

Court – relating anecdotes

of undignity.

-27-

Dinner with Mr & Mrs. Mark Sul

=livan – three months married –

lawyer friend and good fellows.

-28^th-

Court work progressing.

News tonight says the people

of Valdes in general political

caucus adopted resolutions

censuring Gov. Hoggatt for

his interference in criminal

examination of Hozlett, Hosey

& other officers charged with the

shooting in the Ry. row in

the Canyon. Also that the

caucus endorsed Harlan –

=think of condemning Hoggatt

& endorsing Harlan, for judge!

Its funny. Hubbard & two

anit-Guggengenheim men – these

Home Ry. men were elected

delegates – instructed for Roosevelts

policy & Cale. Thats a hot

shot at the Governor, but a

fatal one for Harlan who will

find Hoggatt blocking his

way to the judgeship. I

can almost forgive Hoggatt

because of some of his enemies

- if it was’nt for Dodge &

some of his friends.

-29^th-

U.S. v Orr. – Cousby for U.S.

Pratt for defendant. Pratts

trial of a criminal case is a

greater crime than that

which is being tried.

-Nov. 1-

Court work progressing.

Grand jury finished & adjourned.

Tozier, delegate from Fair

=banks with 20 proxies has not

yet arrived even at Valdes.

In that connection dispatches

from Seattle say that Perkins

is candidate for Delegate –

that Nome & Third Dis.

delegates have combined,

- it looks as if Dodge &

Ronan were trying to trade

Cale off and combine with

the Ryan-Perkins push

to control the Juneau convention.

Tozier will be traded out of his

power before he gets to the convention

- if signs are evidence.

[newspaper clipping:]

“PRESIDENT’S

COMPLIMENT

Says He Will Appoint No Judge

Until He Gets the

Right One.

MAY BE OKLAHOMA MAN

Roosevelt Says He Must Be

as Strong a Man as Is

Judge Wickersham.

(United Press Service.)

WASHINGTON, D. C., Oct. 31.-

Owing to the many inquiries that

have been made as to who would be

the successor of Judge Wickersham,

of Alaska, the president has given it

out that he will not name a man until

he has found one who is as strong

as Judge Wickersham, whom he held

in the highest esteem and confidence.

There is some talk of S. H. Reed,

of Oklahoma, being given the ap—

pointment, but whoever secures the

appointment will have to be satis-

factory to both the attorney-general

and President Roosevelt.

GREATEST OF COMPLIMENTS.

What greater compliment could any

man ask for? President Roosevelt

says he will not appoint a successor

to Judge Wickersham until he finds

a man as strong as the latter.”

25 degrees below Zero.

-Nov. 3^rd-

Have been trying Pratt, lawyer,

for contempt of court in advising

and instructing Leber to disobey

the subpoena of this court last

Nov. Have the case under

advisment to prepare a

written opinion. Pratt

filed a motion for a change

of judge alleging bias and

prejudice, and filed an affidavit

setting up the fact that he has

long been fighting my confirmation

&c. and that I knew of his

opposition & was therefore

prejudiced against him.

An interesting law point is

also involved:

-4^th-

U.S. v Bandom & Thompson

- “sniping” - stealing gold

from the drift by working miners.

Guilty – a clear case.

The News tonight prints

the record of my 8 years trials.

No of final judgments 1726,

“ “ appeals affirmed 33

“ “ “ reversed 10.

[newspaper clipping:]

“ A LASTING MONUMENT.

In another column we are able to-

day to present a statistical review

of the cases which have come before

Judge Wickersham while serving in

Alaska. The very figures of cases

tried, appealed, sustained and re-

versed speak in more eloquent terms

of his ability, keen judgment, knowl-

edge of law, fearlessness and honesty

than a volume of praise. Such rec-

ords live and grow and stand out

with more prominence as days go by

and become the monument which is

erected for but few men before death

demands a life’s review and the peo-

ple weigh careers.”

Tozier got to Valdes yesterday &

caught Str. “Portland” for Juneau,

on time & O.K.

-5-

Trial Dubois v Robinson

with jury. Telegram from

S. F. today that Circuit Ct. of

Appeals. affirmed Marlatt

v Noyes,- one of – rather Dodges

only case with any merit.

Read Masonic funeral

service at burial of Dr. H. V.

Nichols, a pioneer of Circle

& Fairbanks

40º below this morning.

-7^th-

Trying jury case for two

days – Dubois v Robinson

- wood case. Working

on Decision in re Pratt. contempt

Recd. marked copy of Juneau Record

- Hoggatts paper, with marked copy

article saying that Gov Hoggatt,

demanded my resignation & the

President yielded & asked me to

resign. At the time this article

was published Hoggatt was in

Juneau – saw it & adopted

the lie thereby! I am greatly

disappointed in his character

for I thought he was both cour

ageous and truthful. I knew

Shackleford was a poor little

Apache, but I thought the Governor

was to brave to stoop to adopt

a lie to hurt even his bitterest

enemy.

[newspaper article, line breaks ignored:]

“Fairbanks Daily News, Monday, Novemb

{Nov 4, 1907}

Record of Wickersham’s

Decisions on Appeal

In Eight Years Has Tried 1726 Cases---33

Have Been Taken to Higher Courts.

Only in 10 Instances Has Decision of

Court Been Reversed---Attorneys

Agree That This is a Remarkable

Record.

One of the very interesting questions before

the people of the Tanana for some days past

has been: “How many decisions of Judge

Wickersham, taken to the circuit court of

appeals, have been reversed?”

At some expense and a great deal of

trouble, The News has taken pains to gather

a very complete digest of the work of Judge

Wickersham, not only while acting as Judge

of the Third division, but also while occupying

the bench of the United States district court at

Nome and Juneau.

The result of the investigation, as shown in

the tabulated statement which follows, can

only be construed with the utmost favor to

Judge Wickersham.

A record of 30 per cent of reversals, which

the table shows, is considered something very

remarkable by members of the local bar

association. The News went to the pains of

ascertaining from the members of the bar, of

the district court of the Third division, the

general average of cases reversed on appeal

from district courts to the circuit court of

appeals and from these two, together with

the appeals taken from state supreme courts

to the United States supreme court. A very

large majority of the attorneys interviewed

were of the opinion that 50 per cent of reversals

would be a very safe average.

Judge Wickersham himself was interviewed

on the subject by a representative of The News.

Speaking, without any knowledge of the reasons

which prompted the interview, the judge was of

the opinion that 40 reversals, on appeal, out of

every 100 cases, would be a very fair average.

Many of the attorneys also pointed out the

fact that appeals are taken on fine point of law

which the court must necessarily decide off hand

during the course of trial, and which the higher

courts must also necessarily have time to decide

after mature judgment has been passed on their

merits, and after consulting their authorities on

the questions involved.

The fact that out of 1,726 cases in which final

judgment has been given, Judge Wickersham’s

decision has been appealed from but 33 times,

and his decision reversed in but 10 instances,

speaks volumes for the legal attainments of the

court, and makes more incomprehensible than

ever the reasons for the bitter fight which has

been waged against him.

Bt it also said to the credit of the local bar

association that they view with favor the view

taken by the circuit court of appeals of the

Ninth circuit that minor errors in practice, and

minor errors in judgment of the district courts

of the United States bear but little weight with

the gentlemen comprising that court, but that

the appeals are largely decided on the general

principles involved, and by a preponderance

of th evidence presented therein.

The following table clears up every moot

point which brought about its compilation:

The Records of the District Court at

Fairbanks, Nome, Valdez and Juneau show

that Judge Wickersham rendered final

judgment, decree, or sentence curing the past

eight years in the total number of cases

pending in that court before him as follows:

Final. Judgments.

Fairbanks…. 831 Nome… 537

Valdez……. 243 Juneau… 115

Total number of final

judgments in eight years, 1,726

Cases Appealed.

To the Circuit Court of Appeals and Supreme

Court of the Unites States.

Total number of cases decided on appeal… 33

Total number of cases affirmed on appeal… 23

Total number of cases reversed on appeal… 10

Total number of cases decided in eight years 1726

Total number of cases reversed in eight years 10

Percentage of appealed cases reversed, 30 per cent

Percentage of appealed cases affirmed, 70 per cent.

Cases Appealed from Judge Wickersham and

Decisions given by Appellate Court as Follows:

Stockslager vs. U. S., 116 Fed. 590 Affirmed

McDougal vs. N.W. Com. Co., 120 Fed. 1021 “

Ames vs. Farrelly, 121 Fed 820 “

Price vs. McIntosh, 121 Fed, 716 “

Piper vs. Cashell, 122 Fed. 614 “

Reedy vs. Wesson, 122 Fed. 1021 “

Walton vs. Wild Goose Mining Co., 123 Fed. 366 Affirmed

Bruce vs. Murray, 123 Fed. 366. Reversed

Pacey vs. McKinney, 125 Fed. 675 Affirmed

Anvil Gold Mining Co. vs. Hoxsie, 125 Fed. 725 Reversed

Richards vs. U.S., 126 Fed. 105 “

Owens vs. U. S., 130 Fed. 279 “

Brosnan vs. White, 136 Fed. 74 “

Meehan vs. Nelson, 137 Fed. 731 Affirmed

Copper River Mining Co., vs. McClellan, 138 Fed. 333 Affirmed

McConnell vs. U.S., Oct. 23, 1905 “

A. C. Company vs. Debney, 144 Fed. 1 Reversed

Madden vs. McKenzie, 144 Fed. 64 Affirmed

Hemple vs. Raymond, 144 Fed. 796 “

Johanson vs. Sondheim, 145 Fed. 620 “

Martin vs. Whites Guardian, 146 Fed. 461 Reversed

Bartolis vs. Cascaden, 146 Fed. 739 “

Lange vs. Robinson, 148 Fed. 792 Reversed

Callahan vs. Peterson, Oct. 12, 1906 Affirmed

First National Bank vs. Fish, 150 Fed. 524 “

Marks vs. Gates, 154 Fed. 481 “

Meehan vs. Nelson, June, 1907 Reversed

Charlton vs. Kelly, Oct., 1907 Affirmed

Hardy vs. U. S., 186 U. S. 224 “

Binns vs. U. S., 194 U. S., 486 “

Perovich vs. U. S., 205 U. S. 86 “

Nov 8^th 1907

This mornings paper

announces the appointment

on yesterday of Silas H. Reed,

of Oklahoma, as District

Judge in my stead. Well

I’m glad the long fight is

over – I m glad I’ve had it,

and I am satisfied with

my efforts. It was the best

I could do – it was done

honestly and ever without

fear, though with such errors

as inevitably happens

to those who do their best.

I only hope Judge Reed

will come on in soon &

relieve me of the burden.

-9^th-

Judge Reid is said to

be an Illinois mare &

a heavyweight – physically

& mentally.

Heard the motion calendar

today & am tired as a

dog, but engaged in the

preparation of an opinion

in the Contempt case of

Pratt. Fine warm weather.

D. T. Boone, Sr. came in to

see me last night & showed

me the copies of indictments &c

from Texas against Frank Manley,

whose true name is H. B. Knowles

& wanted me to take up case

against him – but I refused to do so

[newspaper clipping in margin:]

“(United Press Service)

WASHINGTON, D. C. Nov. 8. – The

announcement was made yesterday by

President Roosevelt that he had appointed

Silas H. Reid, of Oklahoma, as judge of

the Third judicial division of Alaska to

succeed Judge Wickersham.”

-10-

A warm day – raining

tonight. Busy writing

opinion in re Pratt

contempt case.

-11^th-

Read my opinion U.S. v

Pratt, holding him guilty

of Contempt, & fined him

$250.00 Trying the

case of Andrak v Berry et. al.

Dundas & de Journel, for plft

& McGinn & Clark for defts.

Dundas is a clever sparer

- but not up to the line that

McGinn occupies as a

lawyer.

-12-

The “Times” roars gently

this morning in defense

of Pratt, but says finally

that he must depend

upon a calm public opinion

and the appellate court

for vindication!! My

but thats gentle. If Dodge

were here there would be

no waiting for calm public

opinion or the appellate

court – Bi. would make

an affidavit! I also

ordered Cousby to bring

another charge against Pratt

for filing his vicious affidavit

for change of venue.

-13-

Warm – Trying case Andrak

v Berry, - equity case over title

to 2 miles suing ground on

right limit of Ester Creek.

Sent $275. by telegraph

yesterday to Henderson, Valdes.

to pay repairing sidewalk &

house. – Fear Reynolds failure

will tear down price of real estate

there – had better have sold.

-14-

Hell of a time at the Juneau

convention. Hoggatt, Dodge

& John Corson of Nome are

making a personal fight

on me – a curious alliance!

-Nov 14^th-

Received following letter today:

“The White House.

“ Washington,

“ September 26, 1907.

“My dear Judge Wickersham.

“ I am in receipt of your letter

“of the 7^th instant and accept

“your resignation with regret.

“I appreciate fully, however, why

“you feel that you must leave.

“With all good wishes ~~from~~{for} your

“future believe me, sincerely yours,

“ Theodore Roosevelt.

“Hon James Wickersham

“District Judge, Juneau, Alaska.

-15-

Press dispatches from

Juneau are that the Heid –

Cale – Nome – Tozier

combination won out, defeating

Hoggatt – declaring for local

government &c. & electing Six

delegates to the National Repub

=lican Convention – Recd.

telegram from Tozier & Harry

Steel from Nome saying that

they had elected me one of the

delegates.

-16-

Delegates to the National

Convention elected at Juneau

1. John. G. Heid – Juneau.

2. Frank Ballaine, Seward.

3. James Wickersham, Fairbanks.

4. Dick Ryan, Nome

5. Perkins, “

6. Capt. Johnson, “

This list must be gall & wormwood

to Hoggatt & Dodge – Heid – to

Hoggatt & myself to Dodge.

But they, like we, took a warriors

chance, and must lie still

& die gentlemanly and without

spattering the stage with gore.

The “Times” has nothing today.

[newspaper clipping:]

“ The final decision of the convention

which met with staisfaction throughout

was that Captain Johnson, Dick Ryan and

W. P. Perkins, of Nome; Judge James

Wickersham, of Fairbanks; John E.

Belaline, of Seward, and John G. Heid,

of Juneau, be delegates. The following

alternates were named:

First division, Sol Ripinsky, Haines;

L. S. Keller, Skagway. Second division,

Harry Steele and J. Gilroy, Nome.

Third division, D. A. McKenzie, of

Cordova, and J. K. Brown, Fairbanks.

The following territorial committee was

appointed: First division, Hunt, Simpson

and Shea; second division, Cassel, Pepper

and Melroy; third division, Sheldon,

Valdez, chairman; John L. McGinn,

Fairbanks; Youngs, Seward.”

-17-

Beautiful weather – the ther

=mometer registering about

zero, and above – clear

cold & crisp. Today sent

out copies of my the News reprint

of my resignation and the Presidents

reply thereto, to the newspapers

in South Eastern Alaska, from

Seward to Ketchikan, to overcome

the story persistently repeated

by Hoggatts friends that he

procured the President to request

my resignation. I am greatly

disappointed that Hoggatt should

thus approve so malicious a

lie about another official.

Have consented to Thompson

publishing my Answer to Charges

& Interrogatories to McCumber in

his Labor Union paper. He thinks

it will both fill space and be of

interest – I doubt the latter,

but have consented to his wish.

He will publish the announcement

in his first issue tomorrow.

His paper will represent the Miners

Union – the Federation, - I do

not think it will do either them

or me harm for them to know

the truth about the McKenzie

-Nelson scheme to boss this

region – it may assist in

preventing the corrupt exploitation

of the camp for that gang by Dodge

-18^th-

Found Pratt guilty of

Contempt for filing his bitter

& contemptous affidavit

& fined him $1.00 and

sentenced him to imprisonment

in jail for 1 hour, and suspended

him from practice till February

1^st 1907.

-19-

Sent Gov. Hoggatt today

the following telegram:

“Will you send me for my

official information by first

mail copies of all letters or

communications adressed by

you to the Department or President

complaining of my action, with =

=drawing your support or

requesting my removal: Please

answer by telegraph.”

His newspaper at Juneau

keeps asserting by innuendo

that he is preparing secret

charges against me, and I

intend to make him show

up face to face if possible.

-20-

Hoggatt is of the Dodge

Pratt, Manley bird evidently.

He is afraid – or intends to

attack me secretly – In answer

to my telegram of yesterday

he says by telegraph today:

“You should apply secretary, Interior

“and President who have all letters

“written by me concerning you.”

Well, I’ll wait for the next move & then

give him a broadside he wont

soon forget. I am greatly disap

=pointed in that phase of his

character – I supposed that

he would say: Here is my statement

and opinion of you – now what

are you going to do about it?

But, instead, he keeps in the

dark, makes secret attacks

and charges & refuses to face

me even when challenged.

I shant treat him that way

-21-

This mornings Times

has a long editorial attacking

Dick, Ryan & Perkins as {for} being

“McKenzie men.” – this from

Dodge – who has for three

years been acting with McK

=enzie, Nelson, McCumber

Nye & Manley, in attacking

me!! Have just put Casey

Moran, Ed. News, next to

the true story hoping that

he will roast them in return.

Have disallowed Harlans

Mch & June quar. Acts – &

today forward to Atty. Genl.

orders, accounts, &c.

Acting upon Hoggatts suggestion

I have this day written to Loeb, Sec.

of the President, & to Garfield, Sec. of

Interior, asking for copies of

all the Gov’s letters against me.

I also wrote a personal letter to

Judge Ballinger, Comr. of the

Genl. Land Office, asking him

to go to the Sec. & get me the letters.

I also wrote Ballinger quite

fully about the matter.

-22^nd-

The most glorious winter

weather imaginable –

the weather remains just about

zero – clear & sparkling.

Casey Moran – the News –

roasted the Times & Dodge

last night for going back on

their pal – McKenzie,

- this mornings “Times”

gives me a good editorial

notice – of my Nome experience,

& admits that McKenzie cant

control me – it’s a weak effort.

-23^rd-

Call of the motion calendar,

and set cases for the next

month – till Christmas

and will then let jury go

- if not before. Judge Reid

ought to be confirmed & get

to the Territory sometime in

December of January 1^st

- 24 - Sunday –

Wrote letters – sent copies

of statement of business done

by me in way of final judgments

to Atty. Genl. Bonaparte, Solc.

Genl. Hoyt, Senator Knox,

Vice Pres. Fairbanks, the P-I

-Times &c. & wrote them letters

thanking them for supporting

me in my struggles &c.

~~Dinner last~~

-25-

Dinner last night to

Capt. & Mrs. Barnette

Mr & Mrs Perry –

first formal dinner we

have given this winter.

-26-

Work from Press dispatches

says that Judge Reid will

leave Oklahoma on Dec

8^th for Valdes - & that he

will hold a term there, &

then come on in to Fairbanks.

His clerk will come with

him – his name is O. A.

Wella. This will break up

our court calendar.

-27-

Shackleford, Irving & Dodge

are shouting – down in S.E. Alaska

for another convention – to elect

them as delegates to the Nat.

Con. Some fellows dont

know when they’re licked.

Fine weather – just zero.

Working in court – but will

now only try cases that

will not be appealed since

there will not be time enough

to make up bills of exception, &c.

-28^th

Thanksgiving Day-

Warm – fine – slightly cloudy –

A year ago it was 45º below

zero. Today it is 10º above -

Trails are fine & the whole fall

has been pleasant.

The Miners Union is now the owner

& publisher of the “Miners Union

Bulletin.” – Thompson, ~~Publisher.~~{Editor}

He has prevailed upon me to let

him publish my correspondence

with Senator McCumber & the

interrogations. He is doing so

- and each week the Bulletin

will have a chapter on the

“Crime” as he calls it.

-29-

Trial jury case for two days.

Debbie had a nice luncheon

party today – of her lady friends

in the Bridge Whist Clubs.

I paid W. H. Mockler

Two Hundred (200) dollars

today for Assessment Work

on Discovery Claim on Wolf

Creek & 1^st Bench off

Dis. on Right Limit.

Asst. Work for 1907 –

Ivor Johnson owns 1/7 int

in Dis. & Frank Maess

1/8 in int. in 1^st Bench R. L.

Maess paid for me on our

claim last year & I am

paying him back, but

Johnson will owe me

$50.00

-30^th-

Nov. has been a glorious month.

Nothing unusual -

court work progressing

Dec. 1.

The Times this morning has

a special telegram saying

that Judge Reid wont

leave Washington till he

is confirmed. Hope he

has better luck about it

than I’ve had.

-Dec. 2-

George bought 1/8 int. in the

Golden Gate Assoc. Cl. at the

mouth of Cleary Creek. I also

have an 1/8 int. bought last

spring from Mr. Harlan.

-3^rd-

Letter in court.

Called a Special Term of

Court to meet at Valdes

on January 6^th 1908. I did

this because Judge Reid cannot

do it after his arrival there for

30 days - it would throw

him behind that much.

If he does not want to hold

the term it can lapse and

no harm is done.

Have joined the Curling Club.

We have a new rink on

2^nd St. next to Perrys.

The Dept. suspended $187.00

of my Sept. quarterly account

& I have today written

a long explanation of

the reason why I went to Valdes

via Seattle & why I remained

9 days in Dawson!!

-4^th-

Recd. copy of the opinion of the

Circuit Court of Appeals in the

case of Charlton v Kelly & Hill.

(2^nd Alaska.532). The opinion

affirms my instructions in that

case, and, in my judgment,

makes it the most important

case that I have ever decided.

It finally settles the law for

Alaska on questions of staking,

recording, discovery & possession.

It is creditable to me and the

language of affirmation

very flattering. In view of

all the abuse which has been heaped

upon me in relation to these matters

it is a matter of profound

satisfaction to me.

-5-

Beautiful winter – clear

& about zero – fine.

I am now taking interest

in the Curling Club – and I

find it good sport. We have

a rink on 2^nd St. between

Wickersham & Cowles – a

first class place with double

- or two rinks.

Wrote long letter to Sulzer,

M. C. from New York, in answer

to his rcd. yesterday. He suggested

law & business relations & I

told him to make them specific.

Wrote him to get Cale & Hoggatt

together – and to supports the Presidents

views on Alaskan legislation

Recd. telegram from Stephen

Birch, Seattle, advising me

not to invest money in Stibnite

Mines – too late – its in.

Still I was glad to hear from Birch

as I feared he’d forgotten me.

-6-

I was asked by Thompson, Ed. of

the “Union Miners Bulletin” to meet

tonight with Barnette, of the Fairbanks

Banking Co. Parsons of the Wash-Alaska

Bank & Hurley of the First Nat. Bank

to hear a statement from some

of the representatives of the Union

in relation to a proposed settle

=ment of the strike which was

begun last spring and which

threatens to continue next

spring with renewed vigor.

We met in the court room at

7 oclock. p.m. tonight and

Stephenson, delegate from

Treadwell, Moran, president

of the Tanana Miners union

and Cullen & Wedgwood of

that Union met with us.

They stated their wishes:

viz: That the Union be recognized

that an eight hour day be agreed

to with a wage of $5.00: and

that they made no point against

non-Union men, except they

wished liberty to secure them

by persuasion to join the

Union. They said they

wished to meet a committee

from the Miner Owners Union

to consult about a compromise

and settlement of differences

& a settlement of the strike

before spring. We agreed

to see the Mine Owners Union

& try & arrange a meeting

early next week.

-7-

But little court work.

Do not hear anything more about

Judge Reid – his name does not

appear to have been sent to the

Senate for confirmation yet.

Sent $105.00 to Capt. Jarvis

Seattle, to buy & send me 1000

ore sacks for Stibnite Min. Co.

at Kantishna.

-8-

Sent check of $50.90 to the

Agent Wash. Life Ins. Co. Port

land, Or. in payment of

my semi-annual due Jany. 9.

~~-9^th-~~

Court work – nothing much.

Beautiful weather.

-9^th-

Court – new trial in

Warren v Foster today.

Learned tonight that all

three banks – Barnettes,

1^st Nat. & Wash – Alaska,

are all in bad condition –

& I expect that they will

all join the Tanana Electric

Co. soon -

-10^th-

I drew out of Fairbank’s

Bk. this morning the sum of

$5304.50 being the amount

of my savings deposit, and

also $4800.00 which latter

sum I loaned to Hill and

Barnette, personally, for one

(1) year, upon their joint

note..int. 10% per annum.

Financial matters outside

look decidedly bad, - the

Seattle Banks are all in a

clearing house scheme – do

not pay out cash, but only

certificates: also Sunday Times

contains account and I get

other information that Causten

is annoying Barnette at

Seattle by sundry doubtful

suits, which damn his credit,

stop his money flow, and do

as much or more injury as if

Barnette should pay the whole

of Caustens claims. Upon inquiry

I find that the U.S. Marshal has

no money & the Clerk but $7000

in local banks. The Clerks is

in the First National, which was

made a depository & the funds

placed there by order of the

department over my written objections.

{Dec 10} This mornings Times

says, by telegraphic dispatches,

that the Nat. Rep. Committee

has refused to recognize the

action of the Juneau convention

in naming 6 delegates, has

cut the number to 2, and will

insist upon another convention.

The secret of this action is that

the Committee is opposed to Taft

for whom this Juneau Con. instructed

and to Roosevelt.

Telegrams also say that Hoyt.

was appointed Atty. Genl. of

Porto Rico – a high sounding

title with little salary - & just

Hoyts size.

-~~12^th~~ {11^th}-

Am having daily & hourly

meetings almost with the

Com. of Union Miners & the

Com. of Operators, trying

to get compromise &

settlement of Strike.

Tonight we got a final

settlement so far as the two

Committees are concerned, of the

Strike of the miners begun

nearly a year ago. The

Committee for the Miners were:

Steffenson, Moran, Cullen

& Wedgwood: for the Mine

Owners, Lawson, Hammill,

Robertson, Rhodes & Riley;

and the Committee on Arbi-

=tration. Parsons, Barnette,

Bonnifield & Wickersham.

The effort was set on foot

by Thompson, Ed. of the “Miners

Union Bulletin,” and he

seemed greatly pleased at

the settlement. The final

terms agreed on are:

Outlines of a Plan of Settlement of the Diff-

=erences now existing between Mining Employees

and Union Miners in the Fairbanks Mining District Alaska

1. The employers shall pay not less than

Five ($5.00) dollars per day of eight (8) hours

and board, for Union Miners employed by

them from April 1, 1908 to October 1, 1098.

2. That Union men will work with non-Union

men, without objection, and both parties

shall fairly recognize the open shop

principle as applicable during the season.

3. That the eight hour time shall not

apply to pointmen, engineers and such

other employees as necessarily must

work longer to keep plant in operation.

4. That neither employers nor Union

men will seek to interfere with men at

work in an effort to draw them away

from or into the Union; all such efforts

must be made out of work hours and

so as not in any manner to interfere

with the work in progress.

5. That employers will not treat

Union men differently than they do

non-Union men, while either or

both are employed, either in food,

lodging, or manner or time of payment of

wages; that the Union will not seek to

intermeddle with the control of the employer

by walking delegates or other system.

6. In the event of any operator being

financially able to pay his men a portion

of their wages from time to time he will

do so without discount.”

I wrote the first five and Parsons

the 6^th clause, - after talking, examining,

weighing &c. &c. over & over again!

for days. Everyone on the several

Committees was particularly pleased

at the happy result. The Union

& the Assoc. will both submit the

plan to their people on Saturday

night & if it carries by a majority

vote – the strike will be settled

- I am pleased with the present

result & urged it strongly on

both organizations.

-13 12^th-

The Fairbanks Banking Co

failed to open its bank this

morning: it is closed for

want of currency – not

that it is not solvent and

able to pay its depositors

but because the currency

of the camp has been sent

outside. The News issued

an Extra Morning Ed. announcing

the failure and printing a full

statement by Barnette in

which he gave the financial

situation of the Bank and

pledged his own private

fortune to pay its debts.

A “run” has begun on the

First National & the Washington

-Alaska, and fear is that both

will go under. Barnettes

Bank was not incorporated –

it was a partnership concern

& he and his partners, Woods

& Hill are responsible individually

for all its debts, but that is

not true of the other two banks,

and a failure there means

great loss and damage.

I also suspect that the

First National will be found

in a highly criminal shape.

The government funds are in it

& it is a government depository.

Verily, the pessimist hath a day

or two of happiness ahead.

-14 {13^th}-

The Times this morning has

four columns of the most vicious

editorial against Barnette

& the Bank! The effect thereof

was to make Barnette & his friends

mad – McGinn went to Bonnifield

Pres. of First Nat. & told him that

he withdrew as his attorney & now

intended to fight everybody

connected with the Times – That

meant Manley, - Bonnifields

backer & the heaviest stockholder

& borrower in the 1^st National.

I am informed that Barnette &

McGinn will begin both civil &

criminal proceedings against

Maddocks, Manley & Marquam.

A year or so ago I tried a

case from Eagle against Sneveley

involving the Townsite v Homestead

& Sneveley was beaten. I had

forgotten it until this morning

when I received a threatening

letter from him enclosing copies

of two of the most scurrilous

letters possible which he said

he had sent to the President

during this last summer.

As I always do, I filed it {them} away

and will forget that such a man

as Snevely ever existed. If

I gave attention to every blackmailing

blackguard in the country who attacks

me I’d have nothing else to do.

-14th -

Heard the motion of de Journel &

Dundas to compel Bonnifield

- 1^st Nat. Bk. to give security & to

take oath as Receiver, in case of

Cascaden v Dunbar. et. al. where

they & attorneys for defendants had

agreed to his appointment as

their trustee – where they appointed

him trustee – without bond or

oath & at a time when they thought

- that is Milles & De Journel did –

more of Bonnifields friendship

than of my fairness. Refused

to grant relief demanded.

It was an attempt to hurt

Bonnifield at a time when he

is caught in a financial pinch.

-15-

The Morning News is out with

big heading of “Charge of Embezz

=lement against Roy Maddocks.”

It seems that he owed Kellum

several thousand dollars on the

last summers division of

gold dust and could not pro

=duce the gold – he had used

it in paying the Times expenses

to blackguard me & others.

The News says Mrs M got

his accusers to give him time

& he probably got the money

& paid it last night.

It is an outrageous spread

of printers ink – in perfect

line with the Dodge-Maddocks

efforts – and therefore too

contemptible for clean newspap

-er men to indulge in. Still,

those who live by the sword, must

expect to feel its point some

time. Anderson got his

in the form of an indictment

and trial for forging, & now

Maddocks is blackened by

unfair charges & Dodge will

sooner or later be kicked

by a mule!

The News this morning says

that the Miner Owners accepted the

terms of compromise last night

but that the Miners Union rejected

it!! and our labor was in vain.

That means a bitter & prolonged fight.

-16-

The Banking situation is still

more strained today. Taking

advantage of Sunday respite the

1^st Nat. & Wash-Alaska have

entered into clearing house scheme

- neither today will pay a dep

=ositor but $50.00 for today

& tomorrow & on Wednesday

they will not pay money at all,

but only certificates signed by the

clearing house committee.

There is the worst feeling

of pessimism, unrest &

distrust in the town that has

ever existed. It is the full

bloom of Dodge pessimism

hatred, suspicion, & injustice.

It is rapidly growing worse,

and Maddocks is now threatening

to publish attacks on Mrs. Barnette

& B is threatening to attack him

personally if he does – Further

personal newspaper attacks

on Marquam & Kellum are

threatened – Really, Dodge

=ism is a foul but blooming

plant.

-17-

Checks on hand in Safety Dep. Vault

in Ed. Steirs box.

Date. Nov 1, 1907. 416.66

“ Aug. 9, “ 416.67

“ Sep. 3 “ 416.67

“ Sep 24 “ 416.66

“ Oct 1, “ 416.67

“ Nov 5 “ 377.60

2460.93.

All salary vouchers but the last and

it is expense voucher.

The Times this morning contains

a denial of the News Maddocks Em

=bezzlement article & Kellum

adds his denial! That means

that Kellum was, himself, threat

=ened with exposure!!

At noon today Adams, lawyer,

came down to the house to see me &

said that he wished to make a

proposition to employ me as

attorney in a matter which could

not possibly arise before me

- but in Washington – for

Bonnifield! I understood

it to mean in relation to his

efforts to square himself with

the Comptroller of the Currency

- I told Adams that I

could not accept any such

employment just now – not

till I was relieved by Judge Reid

and did not allow him to talk

to me about it.

This afternoon Postmaster

Clum called & said he had a

telegram from the Comptroller

asking him to suggest the name

of a person for Receiver of the

1^st Nat. – Clum wished me to

assist him in securing the appt.

of Vachon, who is his promised

son-in-law! I suggested

himself! and Ed. Stier.

He went away without deciding

anything. I have since

learned that the First Nat. tele

graphed to the Comptroller asking

permission to go into the clearing

house scheme – that Adams

prepared the telegrams, - but that

in Answer they had notice to

close up – to do no more bus

=iness & await appointment

of a receiver!! And thus

new laurels adorn the brow

of Dodge the pessimist!

-18-

The 1^st Nat. opened this

morning – I learn

that they have secured

permission from the Controller

to do so – but they are

not yet on the clearing

house basis – Stier has

been appointed Registrar &

Clum & Preston, a valuation

Com. for the 1^st Nat. & the Wash

-Alaska, who propose to

act together. The affairs

of the W A were in such

shape that the Com. issued

certificates for them, but

refused to do so for the

1^st Nat.

-19-

1^st Nat. on clearing house

basis today. The news

=papers have quit their

warfare & the cowardly fear

of Commercialism is doing

what the Golden Rule

cannot do - making

the discordant elements peace

ful and quiet.

The News tonight has a

telegram from Washington

saying that a hitch has occur

=ed in the matter of the confirm

=ation of Judge Reid, &

that Harlan is in Washington

- a candidate for the judgeship.

-20-

Times this morning has a

telegram that Judge Reid is

in Seattle & will take the

first boat for Valdes to

hold court there. I hope

thats true for I want to go

to work in my own office.

-21-

On the 19^th I sent a

telegram to Gov. Hoggatt, Wash. D. C.

asking for information about Judge

Reid & where he would be here. Recd.

ans. today saying he was in Seattle

on his way to Valdes. Banking

matters are settled down – the 1^st Nat

& W-A. are on a clearing house

basis of repudiation and the

Fairbanks Bk. will go on the same

basis on Monday. This scheme

is a practical repudiation of all

their debts until after the clean

=up in the spring and summer.

- but its even then better than a

receiver and 5% on the dollar!

The newspaper blackguardism has

also quieted down – the weather

is fine & it’s a good time to rest.

-22-

This mornings News says that

Harlan is on the carpet for an explan

=ation in Washington – before the

Atty. Genl. with Hoggatt acting

as accuser. The charges are not

set out, but are said to be serious.

The Sec. of the Interior attends also

and I judge that Harlan is

also accusing the Governor of

being kindly disposed toward the

Guggenheim’s at the Valdes

examination of Hasey, Hazlett &c.

for the Canyon shooting affray.

If I had any doubt of the

charges against Harlan being

sustained – I’d get in & help the

Governor, but think I’ll let

em fight awhile.

Met Parsons, Pres. W A. bank

at Tanana Club last night &

he intimated that his people would

want me to attend to their law bus

=iness after I go out of office.

Barkis[?] is willin.

-23-

McGinn & I had talk today

about partnership – I told him

that I thought him the best lawyer

in Alaska, and that I wished to form

a partnership with him, but that

I objected to going into the Fairbanks

Bk. Co. offices on account of the

charges I was friendly to Barnette

&c. We left it at about that.

Received telegram from Lathrop

saying that Judge Reid desired

me to appoint Jury Commissioner

& call grand & trial jurors for

Jany 20^th. I telegraphed to

John Y. Ostrander asking him to

name some good democrat

as jury commissioner.

-24-

Another long talk today with Barn

=ette about partnership with

McGinn – nothing final.

Telegram from Ostrander

advising Anthony J. Dimond,

as jury commissioner. I made

order appointing him &

calling for drawing of juries

for Jany 20^th. Heard case of

Manley v Chute, application for

temporary injunction today –

advisment till 26^th. Cold 20º tonight.

-25-

Christmas Day.

We attended a beautiful mid

=night mass at Father Monroes

church last night – mass per

=formed by Father Crimont –

& sermon by Father Corbley.

It got cold last night

25º -30º below zero.

Delegate Cale asked me by

letter, received last mail, to prepare

a bill providing a limited form

of legislative government for

Alaska, and I am engaged

in the work. I am copying very

closely after the Porto Rican

bill – as that gives a strong argument

for its passage by Congress.

-26-

Have determined to open an

independent law office –

and not become a mere retain

=er, of Barnettes – as I would

by going in to McGinns office

I will open my own office &

invite McGinn to join me

- so that I can take business

- and get it, too, from others

than Barnette.

Judge Reid left Seattle today.

for Valdes – on Str. “Northwestern”.

Granted Manley a temporary

injunction against Chute,

- an impartial act, since

I think both are precious

scoundrels.

-27-

Engaged on preparation or organic

act giving Alaska a legislative

assembly – preparing for Cale

at his request.

It got cold Christmas Eve –

but next morning it was warmer

& now as usual – just around

zero – beautiful winter weather.

-28-

Court today : granted new trial

in Heikella v Boucher – a mining

case tried last winter – also in

Webster v Enlund on Dawson

judgment. Sustained demurrer

to indictments in U.S. v McRea

& Sweeney, &c. Rented rooms

from Ed. Stier in Hamilton Blk

for offices - $75. per month.

-29-

Decided a lot of important

matters yesterday, but could not

finally adjourn because there

are some things left over till Monday

& Tuesday. Telegram from Hender

=son saying that Judge Reid would

probably not get to Valdes until

Jany 1^st.

This mornings paper says – telegraphic

dispatches – that Hoggatt will be support

=ed by the President – that Harlans

case will be determined as soon as the

President returns from Pine Knot

- about next Monday – Harlan will

be removed!

Jack Healeys wedding reception

was one glorious rousing drunk.

-30-

The Mine Owners Assoc. have

now about concluded to employ

Abe Spring, as their secretary

& Organizer – a good choice.

Sam Bonnifield is still in the

Hospital suffering from nervous

prostration on act. breaking

of 1^st Nat. Bank, - which,

however, is still limping along

after a repudiation of its

debts – by paying certificates only –

Busy getting all matters

ready for severance of my

official duties – my offices

in the Hamilton block – just east

of courthouse about ready

for occupancy

December 31^st 1907.

I intend to close the records

of the court and adjourn tonight.

Seven and a half years

ago when I came into the Yukon

country as its first resident

judge, there was not a court

house nor any other public

building, nor a public rec

=ord nor any outward form

of civil government in the

whole great region from the

boundary line to Asia!!

from the Arctic to the Pacific!!

I reached Eagle City on July 15,

1900. My party consisted of

myself & wife & son Howard –

Clerk of Court A. R. Heilig

wife, daughter Florence, son Reed,

& Mrs. Heiligs sister, Mrs. Whittaker

- a nurse. ~~Geo. G. Perry,U.S. Marsh.~~

& Geo. A. Jeffery, court stenographer.

We were met at the landing

by Emil Query, mayor, and by

the whole population of the

camp & the dogs. We had no

houses, no offices, no money

- no public money – nothing

but a Commission from President

McKinley appointing me judge

and a set of blank records.

Heilig & I rented a log cabin

each, until we could build one

- we built as soon as we could

buy some logs – Geo. Dribelbis

helped me build one – of 2 rooms

We set to work to collecting

money from licenses – liquor,

occupation, trade, mercantile &c

and that winter we had enough

money to and did build the

first courthouse & jail in

the great interior of Alaska

- the first between Nome &

Sitka- on the interior. I also

laid out & created the Eagle,

Circle & Rampart precincts

& appointed Comr’s. therein

with powers as probate judges,

justices of the peace, recorders

& Coroner.

And this government

was formed in the interior

of Alaska in 1900.

To this date 35 cases

decided by me have been

decided on appeal –

24 were affirmed and

11 were reversed –

70% were affirmed and

30% “ reversed.

Millions of dollars in value

have gone through my hands

- actually and in litigation

- but no one has yet accused

me of a graver crime in

connection with decisions

than favoring Barnette!!

- a silly charge – easily

made, hard to prove &

still harder to disprove!

so Ill not try it.

Heilig remained my clerk

for 3 years and a half-

for 4 years – one term – then

Ed. Stier, - who goes out of

office with me. Geo. A. Jeffery

is still with me – he will

quit the government service

& go into private practice

Telegrams from Washington

say Harlan has resigned -

Court opened for the

last time – for me as judge –

this afternoon at 2 oclock.

After several final formal

matters had been disposed

of – John Dillon, read

an address – highly compliment

=ary, and then on behalf of

the bar presented me with a

beautiful gold watch, appro

=priately inscribed – covered

with small gold nuggets.

I replied thanking them for

the gift and making a

short reminiscent talk on

the establishment of the

courts in the interior of

Alaska – and we then

~~informally~~ formally adjourned

court & had a smoker.

Jany 1^st 1908.

Cold - 45º below zero – foggy.

We had a new years party at

our house last night, - the

ladies of the Bridge Whist

Club & their own husbands.

We had a fine time! Drank

the old year out & the new one in.

Spent the afternoon calling.

This evening I received

telegrams – from J. M. Lathrop

Valdes, wishing me compliments

of season, - from Henderson

saying that Judge Reid had

arrived there on this evening &

one from Roediger saying that

he was willing to undertake

the newspaper combination in

Fairbanks if arrangements could

be made satisfactory =

Jany 2^nd

Telegraphed congratulations

to J. M. Lathrop & Josie Der

=ringer, married in Seattle &

on boat to Valdes with Judge Reid.

Also to Judge Reid offering to

assist him here if possible.

Recd. ans. from Judge Reid saying

“Many happy returns of the New Year.”

Am busy today arranging

my office – getting in furniture.

Five minutes before 5 oclock in

Tuesday evening, Dec. 31, de Journel

& Heilig filed a motion for a new

trial in Thomas v McEachern –

Fenwick & James – an act in

violation of their agreement in open

court. I made an order today

overruling it – without even a

hearing. and did right, too.

I gather from telegrams from

Valdes that Judge Reid has not yet

taken his oath office – probably

awaiting confirmation.

-~~3^rd~~ 5^th Sunday-

Nothing new in public way today.

Dinner at home tonight – Edgar &

Lizzie, Fred Crouch & Charley Joynt

- my boyhood schoolmate & playmate.

We had a good dinner – it has

turned warm – about zero again.

-6^th – Monday –

Recd. telegram this morning from

John Y. Ostrander saying that the

first business transacted by

Judge Reid at opening of court

at Valdes was my admission to

the bar. So that I am now an

Alaskan attorney as well as

ex-judge. Busy organizing an

office. Business is coming in

& it looks all right.

Warm - 5º above zero.

[newspaper clipping:]

“FAIRBANKS DAILY NEWS

JUDGE WICKERSHAM.

With the assumption of his duties

as judge of the Third division, by

Silas H. Reid, James Wickersham is

released from the obligations of his

former office and again assumes the

labors of a good citizen.

The News, together with a large

majority of the Tanana citizens,

views with regret the retirement of

James Wickersham to private life.

For years he has been subjected to

one of the fiercest assaults that have

ever been made upon a man’s char-

acter, both as regards his public and

private acts. That he, or any man,

should be able to withstand such an

unmerciful and unprincipled attack

is a matter of comment. Yet through

it all this man has stood unafraid

and unscathed.

The fight that was made on Judge

Wickersham has been the cause of

more dissension among the people of

this division than all other causes

combined. That it is over has caused

a sigh of relief to arise from every

man in the district. That the man

whose character was attacked has

come out of the fray with a clean

slate is a matter of pride to all.

In the years to come, when the

smoke of battle has cleared away

and people are able to look at the

acts of Judge Wickersham and view his

record without emotion, the verdict

of the Alaskan historian will be that

he was a man to whom the adjective

great must be applied; that he is the

one who stands pre-eminent among

his contemporaries for the good he

has accomplished.”

-7^th-

Beautiful weather.

Recd. big mail from the outside.

Letters from Judge Day, Judge Rich,

Col. Blethen, of the Seattle “Times”, Brainerd

of the P-I. and Perkins of the Ledger,

Geo. Baldwin & others, all speaking

in the most friendly terms about

my labors as judge – terminated

by my resignation.

Judge Day said:

“Dear Judge Wickersham:

I received a day or two ago your letter

dated Nov. 12, with a clipping from the

Fairbanks “Daily News,” reviewing your

work as a judge in Alaska. It’s a man’s

work you have been doing there – admin

=istering justice on the frontier, - and

Alaska, not you, will be the loser by

your laying it down to take up {again} the

practice of your profession.

The men who shall follow you as

judges in Alaska will find their path

=way easier and safer for the trails which

you broke or blazed through a country

little known to white men when you

entered it.

You have had a stormy experience.

That was inevitable to the man who first

carried the law into mining camps on the

outskirts of civilization and there

enforced it fearlessly and without favor.

It required great moral and physical

courage to do that.

You owe no thanks to me for

upholding you to the President.

I wish you the utmost success

in your practice and would welcome

seeing you whenever you come east.

Very sincerely yours,

W. A. Day

“This letter is particularly gratifying

to me – Judge Day was the Assistant

to the Attorney General of the United States,

and was specially sent by the Pres

=ident in 1904 to investigate me.

His report was strongly in my

favor. He is now Vice President

- practically Genl. Manager, of the

Equitable Life Assurance. Co. N.Y.

Judge Rich is one of the judge

of the Sup. Ct. Appellate Div. N.Y.

and lives at Brooklyn, N.Y. I

met him last spring in Valdes.

His letter is as strongly written

as Judge Days – though without

the interest to me that Days has.

Letters from Darrell - his boat

is at S. Fran. & he met Frank

there recently – Frank seems

to be a tramp printer

-8-

Made agreement, oral, with

Parsons, Pres. Wash-Alaska

Bank to act as attorney for

the new bank being organized

by him – a National Bank.

He wants me to take some

stock and become a director

and also act as Attorney for

the Bank & the Railroad.

I consented to do so. He

will leave in the morning

for Seattle when the new Bank

will be organized.

-9-

Paid Peoples & others for

furniture, carpets &c. for office.

Am finished the bill for Cale

for establishment of a

Territorial Government in

Alaska, and will get it

off to him on the next mail.

Have followed the Porto Rican

bill – also Oregon Territory bill.

- made it simple & limited.

-10-

Perovich application for

commutation is denied

by the President! He mur

=dered Jaconi, at night

secretly, & robbed & burned

the body & cabin. He

will now be hung – and

it is a just punishment

- conceding that the death

penalty is ever just.

The trial & execution of

Fred. Hardy in 1901, for

the murder of three prospectors

on Unimak Is. gave security

throughout the Aleutian

Is. - & this will strike terror

into the hearts of murderers

in this frontier region.

-11^th-

40º below this morning but

fine weather – calm & quiet.

Kellum employed me yesterday

in his financial squabble with

Dunbar & the 1^st Nat. Bank.

Business is coming in O.K.

[newspaper clipping:]

“By the resignation of Judge Wick-

ersham, Alaska loses the foremost

member of her judiciary, whose bitter-

est enemies, and he has made many,

will not deny either his judicial abil-

ity or his legal attainments. – Katalla

Herald.”

-12-

30º below this morning.

Beautiful weather. Attended

AB Smoker last night & talked

to the boys on paternalism – of

miners, A.B’s Curling Rinks, &c.

-13-

The Montonegrin friends of

Perovich are trying to get the

Russian Consul to aid him,

& Rev. S. Hall Young tells me that

Perovich now says that he dont

know whether he killed Jaconi

or not – sometimes he thinks he

did and sometimes not.

He told Young, and Young came

& told me that he, Perovich, belongs

to the “Black Hand” Society whose

basic idea is revenge on those

whom they imagine have injured

them - & he threatens me & others

with the Vendetta in case he

is hanged!! I’ve been killed a

dozen times before, by jaw smiths –

and I guess I can stand it again.

-14-

John L. Dillon is now actually at

work to help Perovich – to keep

him from hanging - & he repeated

more of the “Black Hand” threats

to me. I am surprised that a

Marshal, Minister & Lawyer

would permit such talk to

go out and repeat it & seemingly

encourage it by consulting

with the men who talk it &

then by repeating it seriously.

Dillon told that his threats

come from Perovich’s brother.

Weather growing warmer.

No telegraphic news.

Wires down.

-15-

Warmer. Jeffry has been

sick for two or three days.

Attended “Charity Ball”

given by the Catholic people

tonight – in Gordons

Rink. A beautiful

affair – more than 200

couples present.

A regular Chinook

wind is blowing and the

thermometer has gone up

to 30º above zero-

-16^th-

It is melting this morning

32º above zero, warm

& almost sultry.

-17^th-

Caught a cold in consequence

of the warm wave – played a good

game of curling on the rink

last night & had dinner at

midnight with the Hamiltons

The wires to the outside are down

and no news – Mail last night

- Louis D. Campbell, lawyer, mayor

of Tacoma, banker, and otherwise a

good citizen, died in California

a few days ago. Also my friend

Babbitt, clerk, high Mason and

friend – died suddenly in Tacoma.

Weather cooler today. We now

have the office in shape and

some little law business coming

in all the time – looks encouraging.

[written in margin:]

Letter from Darrell: is in So. Cal.

on way to Magdalena Bay -

-18^th-

Letter from D. T.[?] Boone today asking

me to give him an opinion as to his

(& Ben’s) status and rights against

Manley in the case of Manly v Durand.

Tanana Club Annual Meeting

& Election. Barnette elected President

& made a short talk and was

received in a very cordial way.

-19-

Sunday –

10º below this morning, 35º below

tonight.

-20^th-

45º below zero this morning

Stier delivered my certificate of

admission as an attorney at the

Alaskan Bar – written in fine

penmanship by Mr. Rich H.

Geoghegan.

Barnette and McGinn are

attempting to reorganize their bank

and are trying to take into it a

number of the most prominent

operators – including the Jessons,

Berrys and other of my friends.

I feel that I am being crowded

out of things that I could have

controlled if I had gone in with

Barnette and McGinn and that

I gained but little, in a business

way, - nothing really, but present

losses – by refusing their offers

of cooperation and partnership.

Still I am sure that I did right

and that my position now cannot

be misunderstood by any one –

- I care more for my own view of

the situation than of any one else’s

and I feel that I did right –

I should have felt uncomfortable

if I had bone in with them, and

as it is I feel right – ~~so what’s~~

~~the difference,~~ feel that my own

conscience is clear, that to this

date in Alaska I’v done only

what an honest man ought to do.

what I’v lost in money, and

I’v lost much of that, I’v gained

in the satisfaction that I’v done

right. I could not satisfy

myself to go in with Barnette

after the Anderson jury fixing

case.

-21st-

Kellum told me today that

Gov. Hoggatt had telegraphed

to Claypool to get in his

application for Dist. Atty. at

once, - that means, so Kellum

thinks – that Hoggatt favors Claypool.

= The scheme seems to me to be –

Claypool for Dist. Atty. & Clum for

Congress!! Barnette, McGinn & the

Mine Owners Assoc. all work together

for that end – and will all support

Hoggatt in turn.

45º and 50º below zero and

everything is closed down for a

warmer day. Am working on

Kellums case = gave Boone

opinion today on Manley v

Durand case.

22^nd

Still 45º below zero – a heavy

cold fog covers the earth.

Claypool has just gone from my

office – he wanted me to write a letter

to the Atty. Gen. saying that he ~~was~~ {is}

a competent person to hold the office

of Dist. Atty. – not endorsing him

but merely stating the fact of his

experience and competency.

I will not do it- and told him

so – because I have not endorsed

anyone and will not do so.

Wrote to Cale saying

that he ought to go to the President

& insist that he be permitted to

name the District Atty. for his own

home town – thats the Washington

rule of politics.

-23^rd-

Warm this morning - 10º above

zero – a change of 60º within 24

hours! – but a change for the better.

It is 25º above zero tonight

a change of 75º degrees within

48 hours. Am amused about

“Major” Clums latest. He has had

issued, in newspaper form, what

he is pleased to call the “Clum

Record” – in it he announces that

he is a candidate for Delegate

to Congress, and publishes,

probably, every newspaper

account of himself which

has ever appeared. It is one grand

display of silly vanity &

ought to defeat even a great

man – but it may not. The

Record is being distributed publicly.

-24^th-

The “Times” this morning has the

story that Judge Reid has authority

from the Attorney-General to change

the residence of the Court and Court

officials to Valdes. The least

harmful effect of this action will

be to divide the courts work at

this place and double his salary,

since he will get all his expenses

while holding court here, where

he ought to remain at least

10 months out of the year. My

expense account was always

small because I was forced

to remain in Fairbanks the greater

part of the year. The removal

will be a blow to Fairbanks.

-25-

Warm & pleasant.

Sent copy of “Clum Record,”

to Cale & pointed out that Claypool

& Clum were working tandem.

Hoggatt has beaten Cale out on

appointments of postmasters at

Skagway & Valdes & this will give

Cale a chance to find out where

he stands with the administra

=tion – Hoggatt will endorse

Claypool! Clegg & Latimer

are candidates - Latimer

says Cale has endorsed him!

Long letter from correspondent

in Valdes about Reids reception

He said he knew nothing about

the mining laws, but he knew the

homestead laws!! He talks

friendly about me.

-27-

Pleasant weather – busy in

office & it seems as if I am to

have plenty of work.

-28-

Rev. Mr. Betticher came today

to warn me of threats made by

Perovich that I am to be killed

by the “Blackhand Society” in case

of his execution. I gave him

my opinion that it would be an

outrage upon law, society and

the church if he paraded Perovichs

body through town – to the church

& thence back to the cemetery in

a public funeral – that it would

also convince his misguided followers

of the “Black Hand” that the Church

approved Perovich, his crime & the

condemnation of those officials who

brought him to justice.

The “Unions” are going to have a

public meeting on Friday evening

to explain their position to the people

of Fairbanks – they sent Cullen

to asked me to present and to

preside – I told him I would

not do so – but the News tonight

says I am to preside and have

consented to speak!! I am

sorry they cant let me alone.

-29-

The “Union” has flooded the town

with posters giving me as one of

the speakers in their meeting

tomorrow night. Abe Spring

came to see me on behalf of the

“Mine Owners Assoc” & I told

that I had been asked but had refused

to either preside or speak.

George Jeffery went to the Creeks

on Sunday and has’nt got back

yet. It’s his first visit to the

Creeks, and he needs the change.

-30^th-

Still warm & nice weather.

Peter Vidovich is the most enlight

=ened and sensible of the Slavonians

here, and he is intensely interested

in the Perovich case. They received

a telegram from Dillon this morning

saying “Motion argued

yesterday. Denied this morning.

Can do no more.” Vidovich came

to me & begged me to help them

which I have done by sending

telegrams to Dillon urging him to

apply for habeas corpus & on denial

to appeal. Also to employ Ostra

=nder & one of Judge Reids

colony – Vidovich asked me

to ~~notify~~ {say to them} ~~that~~ that he would

guarantee reasonable attorney

fees, which I did. Peter

seems to be afraid – he promised

to pay me any sum of money

if I could get a stay of the

death penalty. Dillon

could do it if he was nt so

lazy - they now think that

Dillon buncoed them & knew

that he could do nothing!

I sent telegrams this aftrenoon

and at 8 oclock we had telegrams

back saying to telegraph bond

that appeal had been allowed

in Perovich case!! Vidovich

is acting with great energy.

- Marshal Perry first telephoned

me that he has telegram that

appeal is allowed also!

Sent telegram to Dillon calling

his attention to secs. 766 & 1040.

U.S. Rev. Stat. which settle the

rule to be followed.”

-31^st-

~~Sent a telegram to Judge~~

~~Reid this morning saying,~~

~~“I did not discover force of~~

~~Sec. 1040. R.S. U.S. until long~~

~~long after advice to Marshal.~~

~~It makes the case so different~~

~~that my judgment now is that court~~

~~ought to grant stay of execution~~

~~pending appeal. Have so advised~~

~~Marshal. Show this district attorney~~

~~and Dillon.”~~

Did not send the above

telegram – Sargeant Merrill of

the Signal Corps just brought it back

to me with the information that the

Marshal had just received a telegram

making it unnecessary to send it.

Marshal brought me his telegram

“The President has granted repreive

“to Vuko Perovich till the first of Friday

“in March 1908, answer. Bonaparte.

Atty. Genl.”

After constantly bombarding Dillon

with telegrams received telegrams from

him tonight showing that he had

taken an appeal from the denial

of the Writ of Habeas Corpus & that

a stay of execution was granted & the

hanging prevented for the present.

(Learned from Peter Vidovich that 120

Montenegrins – miners – met in town at his

warehouse tonight – they fully intended to

attempt a rescue of Perovich – because

of the dishonor of having one of their country

men hanged – the first in the interior of

Alaska. Vidovich was scared white

- he certainly thinks there would have

been an attack on the jail & people killed

but for the repreive - & the appeal.)

Peter told me he thought his own

life in great danger.

Feb. 1, 1908.

Bot Edgars ½ interest in machinery

owned by him & Fred Crouch = $500.00

This leaves him still owing me

$290.00 Nothing much today.

Beautiful weather – the finest winter

I ever saw.

-Feb. 3-

The fight is on between the

Mine Owners Assoc. & the Miners

Union – and we are to have

squabbles, tie ups and trouble

this summer instead of

work, wages and wealth.

The Union is now threatening

and bulldozing non-Union

laborers – the Union is a slave

driver - & as bad as the Trusts.

Have just received a letter from

Garfield, Sec. of the Interior

enclosing a copy of Governor

Hoggatts letter to the President

withdrawing his recommendation

in my favor. Hoggatts letter

is a tame one – he says that

having noticed my behavior

at Juneau, and having consulted

with people in at Fairbanks

he thinks my longer continuance

on the bench inadvisable!!

His letter was dated Sept. 13,

while my letter of resignation

was dated Sept. 6^th – a week

before. The Secretary calls

attention to that fact, and

says that he is also authorized

by the Attorney General to say

to me that Governor Hoggatts

letter had nothing whatever

to do with the acceptance

of my resignation. In

answer I thanked Garfield

& said to him that the matter

was now closed so far as I

am concerned. But I cant

help but remark to myself

that I am ahead of the Governor

on the face of the correspondence.

-4^th-

The fight between the Operators

& Union is getting warmer.

A lot of striker are arrested

- and both sides have been

to me today to take part.

in the case – but I refused

both. I am going to keep

out of merely bitter fights

that dont concern me or pay

me a fee or do me any good.

Telegraphic dispatches

say that Circuit Court of Appeals

reversed me in the case of

Johansen v White and affirmed

me in Katalla railroad case.

-5-

Recd. information that Judge

Reid may not come to Fairbanks

until in June, - he, too,

seems to be having trouble

about confirmation & does

not want to get too far away

until the matter is settled!!!

-6^th-

Recd. telegram from Dillon

saying that he had secured a

stay of execution in the Perovich

case until final judgment on

appeal.

-8^th-

Attended St Mathews Ball last night.

Bishop Rowe had reception before the ball,

- but at the ball. The Union strikers

have sent out 50 men to guard

the Valdes trail & turn incoming

laborers back – they (the strikers)

are armed with rifles & have already

held up the stage mail, &c. and

roused great excitement. The

business men of Fairbanks, in News

last night denounced the Union

as a menace to the camp & declared

they would support the operators!!

-10-

Went out to Esther Creek today

to examine stakes, lines, &c on

overlap between Smith & Jesson’s

bench claims. I represent Smith

Erwin & Fisher, who want to quiet

their title &c. Fine day & I enjoyed

my visit greatly. There are “plants”

- boilers, hoisting works on every

claim from way above Discovery

down almost to the railroad &

the Creek is a thriving camp.

-11-

George Dribelbis got in today

from Valdes - & he is highly interest

=ing in his descriptions of Judge

Reid & his Oklahoma friends.

- he says they are “hungry.”

-12-

Vidovich who is appearing

for Yuko Perovich, got all the

petitions &c. off to President today

asking for the commutation of

the death sentence to life imprisonment.

Much threatening of trouble from

the Union men – strikers – against the

incoming workmen. 30 of latter

got in last night – Abe Spring

went out on the trail & brought them

in – after Perry had forced the Union

strikers to quit patroling & come in

Several hundred strikers have gathe

red today in the street in front of the

lodging house where the non-Union

men are, & seek to intimidate them

by incendiary speeches, threats, &c

They sought to assault & mob Abe

Spring & but for the deputy Marshal

with drawn revolver would have done so.

Things resemble the old “Chinese Exodus”

days in Tacoma – only here the Marshal

is not in sympathy & is acting with

vigor – and 30-40 Winchester rifles!

-13-

Attended Masonic lodge last night

- work in 3^rd – first in the Tanana

or Yukon country. Lodge has

been in existence during January

- I have attended – its first work in

the 1^st or 2^nd The lodge room is in

the Auditorium, corner 2^nd & Wickersham

Sts: Bob Taylor is Master. Barbour

of Wash-Alaska Bank advised with me yester

day, and today he quit receiving certificates

of the 1^st Nat. Bank and is going upon a

cash basis. Stier & the trustees object

some but it will come all right.

Strike situation quiet.

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