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EVENING- BULLETIN, HONOLCUT, T. It., riUDAY, OCT. 29, 1S0S.
,. wp 1'
Sensation of the Year
The very latest fad
See our window display
"and see what
has to say. The Billiken
Doll is unbreakable. Only
a limited quantity.
Corner Fort and Beretania Sts.
SPRECKELS WILL IS
Summing Up of Law In
Dealing With Property
' rfAN lAS'Clsdo, Oct. IS. The
Claus Spricitflls will rnse, one of tlio
roost notable probnto contests Unit
has ecr been waned In tlio local
courts, wns submitted jestonlay to
Superior Judge ColToy, for final do-'
clslon. Peter P. Dunne, attorney (or
the contestants, John 1). nnd Adoluh
II.1 'SprccKels, finished his jexlmus
live argument, which huV occupied
sovcrnl dnjs of tlio couit'a time, and
the case wns declared closed savo for
the handing down of tlio court's dc-'
Technically tho baftle, which has
been fought for nearly four weeks
with every legal weapon Initio pos
session of the most skillful lawyer,'
tuts not been n direct contest of tho
will, but to all practical Intends It
has been tho real strugglo to deter
mine tlio validity or Invalidity of
tho will by which the sugar king at
tempted to provide for tho disposi
tion of his millions.
Attack on Trust 'Clause.
The attack on the will orlglnntcd
In a demurrer filed by the contest
ants in connection with a petition
for a partial distribution of the es
tate filed by Uudolph and Clans Au
gustus, the executors' named In the
will. Tho contest thus far linn boen
confined to nn attack upon tho va
lidity of the trust cluuse of the will.
Should tho court rulo In favor of
the contestants the will must fall
and nothing remains to tho legatees
named ('herein but nn npionl to the
supremo court for n rcversnl of tho
superior court decision. If Judge
Coffey should docldo In favor of the
proponents tho contestants would
still be entitled to attack tho docu
ment on other grounds.
The attack of tho contestants has
been the most thorough exposition
of tho law relattvo to trusts under
a will that has been made before a
California court'slnco the James Pnlr
will was In litigation. Tho Fair will
decision, Incidentally, has had an
Important bearing on the present
case and the arguments before Judge
Coffey linvo attracted tho close at
tention of many students of tho law,
who lmvo followed tho arguments of
tho opposing attorneys with utmost
Four Points of Attack.
In brief tho case of tho contest
ants, nsr presented by Dnpne and A
'f. 'Morrison, who' made the 'opening
argument In the rase, lias-been sum'
med up under four general.dlvlslons.
Hctwccn them .tliono tfipv attorneys,
have thrashed o'ul' vdry'last detail.
Hundreds of catcsMiave becnTMted In
support of their contentions and tho
controversy harTbecti ''summed up
with a logical anulvsls of law and
fact that has made their position al
The four po'lhtsupon which ..the
contestants rely ,nru substantially
tliesei The trust .clause of tlio will
is unlawful and Invalid because It'
attempts to establish a trust to con
vey realty, which rls not allowable,
under California statutes;, tho real
ty clauso can not be thrown down
nnd the personalty rlauroBuitalhed
for tho teaBdn that tho personalty
nnd realty of (ho estate nro so In
separably intcrblcndud that tlie fall
of the one Must drag the other wltli
It; the, will provides for an illegal
suspension of tho power of nllena
tion, In that Us provisions extend to
a period not covered by tho lives of
persons In beln'at tho tlmo of tho
death of the testator; tho provisions
of tho will do not tome within tho
law respecting" perpetuities 111 that
they fall to eliminate the possibility
of the estate, vesting In tho benefi
ciaries during the Ihes of persons
In being lit tho death of tlio testa
tor. New York Case Quoted.
Dunne occupied the two sessions
of court yesterday with n discus
sion of tho two latter general sub
divisions of his argument, elaborat
ing upon his former contentions res
pecting tho subject of contingent li
mitations. He dwelt nt length upon
tho decision pf the "court In tho Ma-nice-case,
in New York, upon which
considerable reliance wns placed 'by
tho proponents,, and showed, the dis
tinction between' that and the casV
under consideration. This distinc
tion, ho argued, ,wns that between
nn estate In trust and the mere exer
cise of power In trust.
Dunne asserted that Judge 'Rapal
lo's decision In the Mnnlce case wns
consonant with the Jaw of New Ydrk
bneed on the enabling' legislation!
that sfato by means of which a tes
tator's purpose might sometimes bo
executed as h power In trust where
otherwise It would fall entirely as
an Illegal trust.
Tribute Paid to, Court.
Dunne pointed out that no such
enabling legislation existed Jn, 'Cali
fornia, and that under the statutes
of this state no power In trust, could
bo read Into a VIII. Ife closed his
'address wlth'a wdrd of thanks to the
court and opposing attnrneji for the
manner In which the Spreckels case
has been conducted,
"As tho longest night must nt last
break Intp dawHI", ho sale, "so must
the longest qp't'ech "come to an end
some time. During all this lengthy
argument, which" has extended over
many dns, It has been n rompensn
tlon (o mo nnd to my colleague to
bo confronted by stirli able, lourte
otts and Indcfntlqnlilo opponents as
th oho whom we havn met here And
It has been n compensation to us
to be able to deliver our' arguments
In and befuie a mint like this, the
patience, uimtcsy and consideration
of which I have necr teen otijdono
or sui passed ) any court. In, tho
Judgo Colfey, In, taking tho case
under consideration, granted to the
utlorlicvs of each side live days In
which to prepare and filc'il list of au
thorities which have been cited In
READY FOR TRIAL
Kanngawa, charged with the mur
der of Hlo, n pretty little Japanese
girl In the employ Of Judge Mndsey,
is reported ns rapidly recovering
from the self-Inflicted wounds ad
ministered on Inst Wednesday night.
Knnagawn attempted to sever his
Jugular vein and windpipe, but fail
ed In his purpose by the timely ar
rival of Judge Lindsay and some
members of his household.
Kanaguwa has been an Inmate or
Queen's Hospital since the night of
the gruesome crime. Tho gash cut
In his neck has healed and ho will
soon be transferred 'to Oahu prison,
there to await arraignment and a
FRENCH OR GERMAN IN FIVE
At the request of many who were
unable to take tho summer course
Mr. Mathews will give another five
weeks' course In conversational
Trench nnd German. Krce lectures
at the Young Hotol next Thursday
and Friday. 4453-lt
Bulletin Business Office Thonr Wfl
"fi Kfifnril Boom Phone 188.
SALES LADIES WANTED.
Wanted for our solo beginning
Monday, six sales ladles. Apply
Saturday morning. JOHDANU
Rockefeller Donates Million
To Fight the Death Worm
Ni:V YOHIC, 0 t 2)--lohlll)
will give u million dollars to rigln I
responsible for tho miserable condli
tho South. lie liiotldr In miikln
conduct of the light against the ills
iietent commission of scientists
The nppalllng condition of thou
of the South, and of a largo pioport
has recently been discovered lo bo d
Ics&iifss, us was fur n long tlmo hup
human lioily of n parasite culled th
Investigation has disclosed the fact t
therewith the enefgj of the victim,
often death. Many of the victims o
of the disease, become oddlilcd to th
thioughout tho f-'oulh "claj-eatcis.'
In Bomo (list! lets of tho South I
afflicted with the hookworm dlsoas
victim or renders the perron nflll't
It Is believed now that the dlscace I
n ess of ceitnln of the Southern Stnt
the country as regards general pros
Itockcfellcr has announced that ho
ho hookworm which it is claimed 11
Ion of many thousands of people lit
g his munllteeiit donation that tin!
ease shall be In tho hands of a com-
sands of the so-called "poor whites''
luu of tho negio population, also, has
tie, not to Inzlmss and i.'cneral shift-
poMl, but to lliv presence in tlio
u hcokvvorm. Thorough selenium
hat this parasite saps the blood an 1
producing dullness, llstlussncss and
f tlio hooiiuorm, in me worst stages
o dlrt-eallng habit, nnd are called
hero Is hardlj n person who Is licit
e, which In the end either kills US
ed Incapable of earning n living,
s largely accountable for the stov
es In catching up with the rest or
CONGO REFO ItMS OUTLINED.
IIRUSSIILS, Oct. 28 Tho ltelg
poked Congo roforms. Those Includ
of the Congo district and thu cst.ibll
The government wns forced to t
an officer of the rubber company o
In the Congo. Tho btatement that il
hers of blacks have been murdered b
villages binned nroused the people t
niont could not Ignore the matter.
The first oxposuic of tho horrl
go was made In 191M by two Amerl
son and Dr. W. II. Shepp.ird, They
Company, of which tho llelglun gov
which Is actually the government o
wholesale butihery, being actuate
story aroused great excltcmoiit, no
In every civilized country.
Inn government has outlined Us nro
e lower taxation of the Inhabitants
shment Of schools for the native dill-
nl.c action by tho recent exposure by
f the appalling conditions that exist
tiring the past two jcars large mini
y agents of the company and several
u such nn extent thnt the f.overn-
ble conditions prevailing in the Con
can missionaries. Dr. W. II. Morrl
pKiclatmcd that the Kasal Hubbcr
eminent holds halt thu slock, and
f the Congo, wax responsible for.
d purely nnd slmplj by greed. Tha
t only In tho United States, but alt-o
ENOLAND'S QUEEN BELIEVES COOK.
HAMILTON'. Mont., Oct. 28. Hxplorer Cool., who claims to havo
discovered the North Pole, has been assured of tho coulldcnco of tlio "t
Queen of Kngtand. Queen Alexandra believes that his story Is truo and
that he really did make tho wonderful successful dash for tho polo which ,
he sas ha made.
Cook was confronted nt a iiubll c meeting today hy Hnrrlll, his for-
mcr guide on the expedition up Ml . McKlnley. Ilarrlll claims that
Cook never i cached, the top of tho mountain, but faked his account nmr- "
also, with the assistance of n photographer, the pictures. Tho question
of the vnrnclty of the two men came to u voto and the nudlcncc voted
Its confidence in Ilarrlll and the stn'r jho tells. Ilarrlll Is a Montana
PRESIDENT REACHES VICKSBURQ.
Young Mr) n Knergetlc business
hustlor; salary and commission;
.best references required.,. Ad.
dress D. D. O. 4B3-at
VICKBIUmfi. Miss.. Oct. 28. -President Tuft nrrlved here late tonight
from Helena on his four-d.iy trip down thu river Tho steamer In
which he Is traveling left most of tlio river fleet In tho rear. Tho Presi
dent will stop nt Nntchcs and Ilatoii Kongo Trlday, nnd Saturday will
arrive nt New Orleans.
Mighty Severe Price Cuts
IT'S A CASE OF SACRIFICE ON OUR PART-conditiohs that require just such price concessions. Perhaps the reductions we make
are too severe, but in .our determination to make an absolute clearance we do not consider the cost, nor do we hesitate to take the
loss that these deep price cuts must naturally entail.
Sale Now Goinff On
( I u
MEN'S PANTS, in all the most 300 MEN'S SUITS, all SiZOS to JJt AA BOYS' and YOUTHS' SUITS, in
ieoSa30?l4wafst, $1.15 pair close at ridiculous' price of .jj2fj SSJL L-ns $1.85 suit
i . , " (
Boys' Knee and Knickerbocker Boys' Two Piece Cotton Crash Men's Straw Hats; ail Styles and r Boys' Straw Hats; twelve different Men's Soft and Stiff Hats; -in 'Boys' Sweaters In Turtle Neck and
Bants, Suits, Sizes, Shapes, Black, Brown and Grey, Sailor Collars 4
45c a Pair 30c the Suit 25c : 15c 45c At 15c
., . , .
Men's White Stiff Bosom Shirts; Men's Soft Qolf Shirts; a lot of lour-Ply linen Collars; regular 2 " w' Hen's rGolf Shirts; Coat Cuff At- Men's Elastic Seam Drawers All Boygl Jm stockingt
Sizes 14 to 18. Very Pretty Patterns, '' 25, tached All Light Patterns, Sizes,
sizes i4 to is 25c 40c 5c each 65c 35c a pair 15c a pair
Men's Coats, unlined; fine for of- Men's and Boys' Neckwear; All Men's White Wash and Flannel ' liehtweiitht Underwear:' Boys' Wash Suits-Bussian Blouse ,,,.
' ' , . . atni wgniwejgui unacrwear, . Men's Wool Underwear Drawers
flee wear, Styles-Your choice , Vests; all sizes, , pink gnd Effect,
20c 10c 5c - 30c a garment 85c the suit only 25c a pair
I . . tte . I i 11
Cor. Fort and
The Kash Co., Ltd.,
Cor. Fort and