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rf 16 PAGES I r f T PART L i 1 H w. I Eaes 4 to S. Paes 1 to 8. , L PT EDITION, SATURDAY EVENING. TOPEKA, KANSAS, MAY 4, 1901. SATURDAY EVENING. THREE CENT. Ad I 143 BLOCKS BURil Jacksonville's Property Loss From Last Night's Fire Is Estimated at From 10 to 15 .Million Dollars. LASTED HOURS. Thirteen Hundred Buildings ' Went Up in Smoke. 10,000 to 15,000 People Were Rendered Homeless. Seven Persons Known to Have Lost Their Lives. Jacksonville, Florida, May 4. The most disastrous fire in the history of this city began yesterday shortly after noon in a small factory, started by a defective wire, according to the best be lief and burned fur nearly ten hours. In that time a property loss estimated at from $10,000,000 to $15,000,000 was caused. According to the city map 130 blocks were burned, many of them in the heart of the business and residence section. The estimate of houses to the block is ten, hence 1,300 of them went up in smoke. Many of the finest public and private buildings were destroyed, includ ing hotels, theatres, churches and resi dences. The casualties can not be ac curately estimated. That there will be several seems to be well authenticated. Among them was that of the fire chief who sustained a bad fall. SEVEN LIVES LOST. Jacksonville, Fla., May 4. The hot May sun rose smoke-enshrouded over the devastated city. The fire which broke out yesterday at noon and aided In its work by a southwest gale spent its force by 9 o'clock last night. The damage is enormous. One hundred and forty-eight blocks were swept by the flames, and as far as known seven per sons lost their lives. A report is in circu lation that a party of twenty persons driven to the docks along the St. Johns river were forced into the water, all at tempts at rescue by boats being futile. The river is being searched. All the local companies of the state militia have been on duty since midnight, and n order of Governor Jennings the mili tary companies from four cities are speeding to Jacksonville by special train. Many extra police have been sworn in, and every able-bodied man riot doing duty in some capacity in the fire-s'A eut district is impressed into the service. The negroes are huddled in groups in different parts of the city, and the fear of an attempt at lawlessness by them, although not openly expressed by the whites .is the reason for the large military force ordered here. The fire companies from Savannah, Kernandina, Ocala and other cities Worked the entire night on the tire, but a soaking rain will be necessary to effectually quench the flames. The ' losses by the fire will not be known for a week. The path of the flames was thirteen blocks wide and nearly two j miles long. Practically all old Jackson- ! ville has been destroyed, nothing being left but a few suburbs and Riverside, I the most fashionable part of the city. I It is believed the fire is the largest in j proportion to the size of the place that I lias ever visited any city. Many fam ilies lost libraries, pianos and household goods after they had been moved to a supposed place oi safety. The street ear service has been at a complete i Ftandstill since yesterday afternoon, j The electric light circuits were inter rupted and the gas plant destroyed, and last night the city was in darkness. A conservative estimate places the num ber of homeless people in the city at 10.000. Most of these spent the night in the parks, on the docks, on barges, and some slept on what few belonging's they managed to save from the general wreck. The board of trade and other com mercial bodies held meetings at 10:30 to take action looking to the alleviation of 1 the suffering. It is expected that an i appeal to the people of the I'nited ! States calling for aid will be issued some time during the day. Leading business men and insurance agents es timate the total loss of property at fron ten to fifteen million dollars. The St. James hotel, which was de stroyed, had been closed since April 19. The loss on this building is $175,000. Among the buildings destroyed are the Kmory Auditorium. Board of Trade, St. James hotel, Windsor hotel, the Semi nole club, the Daily Metropolis, the city Jiall and market, the Gardiner building the largest office building in the city, the Hubbard building. Mayor Bowen said to the Associated Press this morning: '-Say to the world, please, that the loss to Jacksonville is greater than ever before inflicted bv a fire upon a city of the south, but her best wealth survives in her people. I estimate our property loss at fifteen million dollars. "There is not a hint of lawlessness; our people, of every race and condition, have shown the most helpful spirit to each other, and I cannot find words of commendation strong enough to express my admiration of the work done. "The progress of the lire was so rapid and the heat so fierce that it was only the helpfulness and obedience shown that prevented a terrible loss of life. I have no doubt that the relief meeting called by municipal authorities and board of trade wiil be largely attended and steps will be taken to deal with the Situation in the most effective way." FIREMEN GIVE UP. At 1 o'clock this morning a cordon of militiamen, deputy sheriffs and police men was thrown around the entire ri-e swept district. The fire was still burn ing fiercely in many sections of the ru ins, but the exhausted firemen giving up the fight for the time being, soueht rest leaving the fire to burn itself out. The heat from the fire is intense and the temperature is 9o. The most important retail portion of the city and buildings the entire length of Beav er street from Davis to the creek, and over Liberty Btreet have been burned. This covers 14 blocks. For the same distance Ashley and Church streets have both been, com pletely blotted, out. When the fire reach U Bridge street in its eastward course Copeka .'State 3ournaI. JNDEX DF TODAY'S PAPER. SATURDAY, MAY 4, 1901. Weather predictions for the next 24 hours: For Kansas: Partly cloudy tonight and Sunday, with possibly showers ill north east portion , tonight; cooler tonight; southerly winds, shifting to northwest. IMPORTANT NEWS AND FEATURES. 15, '300, 000 Fiire at Jacksonville, Fla. McKinley's Day in Texas. Will of Mrs. Sells. Supreme Court Sustains Hazen. . ' Test of Curtis Law. Sporting News. Church Announcements. R. G. Dun'a Review of Trade. Pictures in Royal Academy. Railway News. Robs Wichita Employer of $400. Kansas News. ' , Late Local and Telegraph News. Social and Personal. Death, of Capt. Firth Charlesworth. North Topeka News. Political Gossip in Kansas. Wants and Classified. Ads. Markets. Wants and Miscellaneous Ads. Snap Shots at Home News. Yellow Fever in Havana Washington Used F"unston's Plan. Topeka Society. News Summary of the Week. Kate Clyde's Fashion Gossip. Little Women of Japan. Woman's Odd Little Ways. Theatrical News. Drama Succeeded by the Circus. Current Dramatic Gossip. Editorial. Book Notes. Woman's Page. Dainty Stocks and Collars. Present Styles In Hats. Table and Kitchen Menus. Tramps" Friend is Buried. Langtry Hissed in London. Doctor Claims Big Bill. Christian Science a Religion. Electrical Triumph for Americans. Story, "An Act of Reunion." Humor of the Day. it developed in flames three blocks; Du val, Monroe and the north side of Ad ams, burning up the north side of Ad ams, destroying that entire section of the city and running 14 blocks to the Duval street bridge. St. Luke's hospital was saved. The local military compa nies were called out to keep back the crowds and the fire department began to use dynamite to blow up the houses a block from the fire and thus prevent the fire from spreading. So fierce was the blaze and so strong had become the w ind that millions of sparks and flying, burning shingles spread over five or six blocks, setting the roofs of the houses on fire in advance of the main fire. Th2 flames reached Senator TaJiaferro's res idence, and it went. All efforts to save the Windsor and the St. James hotels were in vain. For about an hour the guests in the Windsor had been busily packing their trunks and the vans went away loaded with trunks and grips. Leaping across the street from the Windsor, Dr. Laells house caught fire and then the Methodist parsonage and in a lew minutes Trinity M. E. church was a mass of flames . The opera house block followed and the Richards and Livingston boarding houses. A desperate but unsuccessful effort was made to save the Baldwin mansion, which was recent ly purchased by the Elks for $18,000. Paint shops with barrels of oil were plentiful in this district and caught fire one after the other, causing the flames to rise hundreds of feet high and quick ly setting fire to the other buildings across the strett. Suddenly there was an explosion of dynamite and powder stored in the Hubbart building and the burning structure collapsed. BULLETS FLY ABOUT. Cartridges began to explode and bul lets began to fiy, and the effort to fight the fire at this point was abandoned. The new Durchott and the Gardiner buildings were soon a mass of flames, and down the street the fire spread, and the entire section of Bay street from Market to Main street and ex tending five blocks back was soon gone. With irresistible force the fire swept on, destroying the city building, the fire department building, the armory, the court house, the clerk's office with the county records, the criminal court house, the city Jail and the high and grammar schools and Catholic church and orphanage. Mclntyre Methodist church. St. John's Episcopal c hurch and the convent. Dr. R. II. Dean, a prominent physician, reported the loss of his two children, Helen and Francis, to the police at noon. Dr. Dean thinks the elder of the two, Helen, will be found, but believes Francis is burned to death in his office, where they sought safety. Dr. Dean collapsed on the street after an all-night search, and in falling was seriously injured. W. B. Barnett, president of the First National bank of Jacksonville, also fainted last night during the progress of the fire. He fell into smouldering ruins and was burned before he was rescued. The terrific strain, added to the warm weather, is telling on many of those who were active yesterday and last night in rescue work, a nunber of cases of prostration being reported Up to noon. Fire Chief Haney, who be came insane during the height of the fire, is somewhat improved. He was brought down town during the day in care of two or three firemen, to view the ruins. Secretary of War Root to day wired the mayor of St. Augustine, tendering the use of the barracks at Fort Barrancas (St. Augustine) for the refugees. The offer was in turn trans mitted to Jacksonville. St. Augustine offers also to take care of one thousand refugees with its own funds. Before the lire readied the county jali yester day Sheriff Price assembled all his prisoners. 35 in number, and summon- tContinued on Sixth Page. A DAY Ovation Tendered the President in Front of the Alamo. Gets His First Yiew of the Long Horned Cattle. Addressed Students of a Colored Normal School. ON THE OPEN PRAIRIE A Stand Was Erected Beside the Hail road Track. 20,000 Yisitors Pour Into the State Capital. San Antonio, Tex., May 4. President McKinley and party arrived at 2:63 o'clock this morning. The president was up at 6 o'clock and sat alone on the back platform of the car reading a newspaper. A great ovation was given him a 9r a, m., in front of the famous Alamo building, in front of which th3 president and Governor Sayers walked with their hats off. The president re viewed the throng, made a brief speech, reviewed the thruops at Fort Sam Hous ton and the school and college children and left at 12 :50 for El Paso. Austin, Tex., May 4. The president had his first glimpse of long-horned Texas cattle and picturesque cowboys on range horses yesterday. The presi dent's reception in the Lone Star state was a continuation of the ovation he has received throughout the south. Every honor was shown him and his party, and there was much enthusiasm. Governor Sayers and other prominent state officials met the president at Houston, the first stopping place inside the state, and accompanied him as far as Austin, the capital. There were some interesting features at the reception at Austin, and a picturesque scene at Prairie View, where the president ad dressed the students of the normal school on a stand erected on the open prairie at the side of the track. He advised the colored people to learn to do one thing well. Minute stops were also made at Hempstead, where the president shook hands with a number of people; at Erenham, the home of Colonel Ged dings, one of the president's old col leagues in the house of representatives, and at Elgin, at each of which places he spoke a few words. At every station along the route there were cheering crowds. The feature of the day was the re ception accorded to the party at Austin, which, like New Orleans, had never be fore had the honor of entertaining a chief magistrate of the nation. The city was profusely decorated, and in the evening there was a brilliant illumina tion of Congress avenue. Austin never before held such crowds of people. They came from every direc tion, some hundreds of miles, and lit erally swamped the hotel accommoda tions of the city. It was estimated that over 20,000 visitors were here. As the population of Austin is only 23.000, the tax upon its facilities can be imagined. A procession headed by a tine mili tary band and consisting of fifteen com panies of state militia and the con federate veterans and Grand Army of the Republic organizations, marching side by side, escorted the party to the east portico of the magnificent capitol building, where the president addressed a sea of enthusiastic people. ADDRESS AT AUSTIN. The president said: "My Fellow' Citizens No more cordial or generous welcome has greeted me in my journey from the capital of the na tion than that which now greets me at the capital of Texas. I am glad to be in this city, named in honor of the pioneer of the American colonization in Texas, located in the county of Travis, called in honor of him who fell at the Alamo, whence came no message of defeat. "Texas is no longer a battlefield of contending armies. The weapons used are no longer those of war. they have long since Kiven way to the Implements of peace and husbandry, employed in the development of rich resources in which this commonwealth abounds. She has a historic past, a noble past. Her statesmen were among the noblest, the ablest, her soldiers among the bravest. She has before her a mighty future. Her battles to be waged here after are for trade and commerce arid education and material development. Her possibilities are too vast to admit of prophecy. God has given her every thing for the comfort and happiness of man and for the employment and use of his highest and best faculties. Today it was my pleasure in the city of DRIVES FOR RECEPTIONS. President McKinley Substitutes Carriage Rides For Old Time Levees. iff In order to better accommodate the people the President will drive through the streets of the various towns visited instead of holding the cus tomary receptions. Houston to experience one of the pleas antest incidents of my long journey. Given into my hands by the widow of the last president of the republic of Texas was the flag of the republic. It seemed appropriate that it should have been given in the city bearing the name of the soldier, statesman and hero, Gen eral Sam Houston, the first president of the republic. "We live in a wonderful era, and our trusteeship is a large and sacred one. We must not be unfaithful to our high mission or falter before its high respon sibilities, nor must we permit pride or might or power to taint our motives and lead us from the plain paths of duty or divert us from the sacred principles of liberty." In an address to the ladies In the sen ate chamber the president said: "Ladies: No response is adequate to a tribute like this from the women of this beautiful city to the ladies of our party and to the president of the United States. We have seen many bowers of beauty in our journey through the coun try and if I thought the papers would say nothing about it, I would say, we have seen nothing like this anywhere. I only rise that I may express to you for Mrs. McKinley, myself anfl all associa ted with us, our appreciation of this most beautiful expression of good will and gracious hospitality." TO COLORED STUDENTS . The president spoke as follows to the colored students: "I thank you for your hearty welcome. I have visited a number of the institu tions of learning provided for by your race, notably that great institution at Tuskegee in Alabama;another in Savan nah, another recently in New Orleans, and it has given me great satisfaction to observe the advancement of your race since the immortal proclamation of lib erty was made. The opportunity for learning is a great privilege. The pos session of learning is an estimable prize and I have been glad to note that your race is endeavoring wherever you live to enlighten your minds and prepare your selves for the responsibilities of citizen ship under this free government of ours. "What we want more than anything else, whether we be w hite or whether we be black, what we want is to know how to do a something well. If you will just learn how to do one thing that is useful better than anybody else can do that one thing, you will never be out of a job. And all employment is honorable em ployment. The race is moving on, and has a promising future before it. It has been faithful to the government of the United States. It has been true and loyal and abiding. Fellow citizens, al ways observe the law. In our recent war with Spain your race displayed dis tinguished qualities of gallantry upon more than one field. You were in the fight at El Caney and San Juan hill, the brave black boys helping to emanicpate the oppressed people of Cuba, and your race is in the Philippines, carrying the flag and they have carried it stainless in honor and in glory. "The last, word I would leave with you is to be true and right to homes, to fam ily, to yourselves, to your country and true to God." WHAT HE SAID AT HOUSTON. The xresident's speech at Houston was as follows: "Words fail me to give expression to the appreciation which I have for the magnificent welcome you have accorded me in this city, my first stop in the state of Texas. Nothing could be more grati fying to me than to receive from my old friend and colleague of the national house cf representatives, your present governor of Texas' welcome to the presi dent of the United States. I am not an old man, but I remember many of the old statesnen of Texas, some of them no longer among us, with some of whom I served many years ago in the national house. Strong men they were, great representatives of a great people they were, alwavs looking after the interests and welfare of this great commonwealth and of this country. I hesitated to call this an empire and I was glad the gov ernor set the example and gave you your true designation. We are sensative a little on the subject of empire now-a-davs, but if there is an empire state in the union it is the state of Texas. But it is an empire, like all the other em pires of this great republic, under the denomination of the sovereign people. As I have journeyed through the south. I have been more and more impressed with the fact that the south was con tributing quite its full share in the econ omic and industrial development that has been going on in our country in the past ten years and which has given to us the proud rank of first among the manufacturing nations" of the wr.rldfap plause). Ten years ago you had 1.100,000 spindles in the south; today you have over 5.000.000. Your coal, your iron, your forests are lending their wealth to the gain of vour people, (a voice: 'And our oil.') and your oil. And you will find everything will go smoother if this oil is oily lasting and permanent. "But. my fellow citizens, I am not here to make a speech; only to receive your greetings and reciprocate the sentiments of this great people, a part of this noble union. We are not only a union of hands, but we are a union of hearts that (Continued on Sixth Pago.) r 7 , i i ft. WILLJSJEAD. Mrs. Sells' Last Testament Opened In Court Today. Adopted Son William Is Left Without a Bequest. ALL TO HER GRANDSON Practically Entire Estate Goes to the Child. P. I. Bonebrake Qualifies as Executor. Willie Sells Refuses to Discuss the Will. By the provisions of the will of Mrs. Sarah Anna Sells.which was opened and read in the probate court this morning William Sells, the adopted son of Mrs. Sells was. left without any portion of her estate. Mrs. Rachel Colby, a sister of Mrs. Sells' husband was cut off without a cent. When the will was originally writ ten in 1895, Mrs. Colby came in for a share of the estate. But when Mrs. Sells was married to Simon Greenspan, her sister-in-law wrote her in regard to the marriage, and said some bitter things. This had the effect of causing Mrs. Sells to add a codicil to her will revoking- the bequest to Mrs. Colby. With the exception of the gift of pro perty to Mrs. Sells' sisters and the $1,000 each to P. I. Bonebrake and Abrara Ber gan, the property was given without reservation to Allan Sells, the 10 year old son of Willie Sells, the adopted sen of Mrs. Sells. The property will how ever be kept in trust for him until he attains the age of 25 years. Provision is made for the maintenance and educa tion of Allan Sells until he arrives at the age when he will come into his property. Should he die the property will go to the Topeka Orphans' home. One of the surprising features of the will is the absence of any clause making provision of some kind for Miss Barbara Tauer, who has been Mrs. Sells' constant companion for ten years. The judge of the probate court, W. E. Fagan, will appoint three appraisers to settle upon the value of the property left by Mrs. Sells. "The property was valued at a much higher figure during the boom times than it was really worth," said P. I. Bonebrake today. "And while it is not definitely known yet what the value cf the property that will accrue to little Allan Sells is, it is safe to place it at over $100,000." A State Journal reporter called upon Willie Sells at the residence on Quincv street today. He had nothing to say in regard to the provisions of the wiil. "I have not heard it read yet myself," he said. "You know as much or probably more about it than I do. You may see for yourself after reading the will how the matter stands." Willie Sells will remain in Topeka where he will make his permanent head quarters. He will not rejoin his show at present. MRS. SELLS' WILL. Following is Mrs. Sells' will: i I Sarah Ann Sells-Greenspan of To peka, Shawnee county .Kansas, of law ful age and of sound mind and memory do make and declare this my last will and testament: Item 1 I devise and bequeath for the use and benefit and in trust for Allan Sells (who is now about three years old) and until he attains the age of 25 years if he should live so long, to F. M. Bone brake as trustee, in trust for the pur poses herein named, lots nine, eleven and thirteen in Mill block on Kansas avenue north, in the city of Topeka, Shawnee county, state of Kansas, ac cording to the recorded plat of said Mill block, together with the three story brick building thereon now rented to Parkhurst-Davis company, and my farm of 320 acres or thereabouts composed of the places called the Chadwick place, the Vance place and the Kerr place, and described as follows: The southwest quarter of section one; the west half of the northwest quarter of section one and i the east half of the southeast quarter of I section two, all in towmship 12 of range 16, east, situate in the county of Shaw nee, state of Kansas. Said trustee is to take charge and control of said proper ty ,rent the same and collect the rents thereof, and from such rents pay all taxes, assessments, insurance and re pairs upon said property, and after de ducting such expenses and reasonable compensation for his services, to pay the balance of such rents for the mainten ance and education of said Allan Sells until he is 25 years old or until his death if he should die before reaching the age of 25 years, and after he is of sufficient discretion to allow him to manage said farm if said Allan Sells so desires, and if said Allan Sells should be living at the age of 25 years, to then turn all of said property, building and farm with the entire estate and title therein over to the said Allan Sells, and to his full and complete possession, ownership and disposition, absolutely to him his heirs and assigns in fee simple. But if said Allan Sells should die be fore reaching the age of 25, I devise and bequeath all the property hereinabove mentioned, and the remainder therein at and after the death of said Allan Sell:, to the Topeka Orphans' Home associa tion, it successors and assigns forever. Item 2 I devise and bequeath to my sister. Ellen White of Dayton, Ohio, for her lifetime, the house, barn and other appurtenances, where I formerly resided, called 510 West Tenth street, Topeka, and the lots on which the same are situ ated, being lots 18 and 20 on West Tenth avenue in the city of Topeka, Shawnee county, state of Kansas, according to the recorded plat of the city of Topeka, and remainder after her death to Grace West of Kansas City. Kansas, her heirs and assigns in fee simple. Item 3 I devise and bequeath to Mrs Rachel Colby of (and here is left a blank space) her heirs and assigns my lots and home on west side of Quincv street, between Seventh and Eighth streets in Topeka, Shawnee county", Kansas, more particularly described as follows. (Here follows quite a lengthy and detailed description of the house and surroundings of her late home). Item 4 I devise and bequeath to my sister, Ellen White, her heirs and as signs, my farm called the Widow Nich olson place of 135 acres or thereabout- and described as the southwest quarter of section 25, township 12, east of range 16, less 25 acres in the northeast corner of said quaxter section, situate in the county of Shawnee, state of Kansas. Item 5 I devise and bequeath to P. I. Bonebrake, the sum of $1,000, which I make a charge upon my lots on Fill more, Clay and Buchanan streets in Throop's fourth addition to the city of Topeka, Shawnee county, Kansas, de scribed in deed from H. P. Throop. Item. 6 I devise and bequeath to Ab ram Bergan the sum of $1,000 which I make a charge upon my lots on Fill more, Clay and Buchanan streets, in Throop's fourth addition to the city of Topeka, Shawnee county, Kansas, de scribed in deed from H. P. Throop. Item 7 I devise and bequeath to my executor hereinafter named the sum of sixty dollars, the interest on which shall be forever used and devoted to keeping our lot and the monuments and appur tenances thereon in Topeka cemetery in good and complete order. Item 8 All the residue of my estate I devise and bequeath to my full sis ters (not to my half-sisters), their heirs and assigns forever, and the children of any of my said sisters that may be de ceased, shall take the part which would have fallen to their mother had she been living. Item 9 I nominate and appoint P. I. Bonebrake to be the executor of this my last will, and in case of his death, inability or failure to serve. I nominate and appoint Frank M. Bonebrake to be such executor of this will, and request that such executor be not required to give any bond as such executor. In witness whereof I have hereunto set my hand this 22d day of August, 1895. SARAH ANNA SELLS GREENSPAN. The above was witnessed by Thomas A. Osborn and H. F. Guthrie. Then follows a codicil. It is: I, Sarah Anna Sells Greenspan, of Topeka, Shawnee county, Kansas, do hereby declare this present writing to be a codicil to my last will and testa ment, bearing the date the 22d day of August. 1S95. j 1. Whereas, by my said will I give and bequeath unto Rachael Colby my house and lots No. 231 and a part of 229 on Quincy street, in the city of To peka, Shawnee county, state of Kan sas, according to the recorded plat of said city, which real estate was par ticularly bounded and described in said will, I do now revoke the said legacy and bequest, and instead thereof do be queath the same to Allan Sells, son of William Sells and Effle J. Sells. 2. I also revoke any disposition, ex press or implied, which may have been made of lots 38 and 40 on Kansas ave nue, in the city of Topeka, county of Shawnee, state of Kansas, according to the recorded plat of said city, and do bequeath the same to Allan Sells, son of William Sells and EfTie J. Sells, for whom also other provisions are made in my said will, and who is the only per son by the name of Allan Sells who is referred to in my said will. 3. And I do ratify and confirm my said will in every other respect. In witness whereof I have to this codicil set my hand this 8th day of June. 1896. I The codicil was witnessed by F. C. Thompson and H. F. Guthrie. TEST OF CURTIS LAW. Millionaire Choctaw Sues For Royalties on Coal Mines. South McAlester, I. T., May 4. A suit has been filed in the United States court by J. J. McAlester, the millionaire Choc taw citizen, and his children against Wm. Busby and Noah Samples, who oper ate a coal mine near the city which is the most important suit in its effect on the existing conditions in this territory ever filed. The suit is a friendly one as be tween the parties and is meant solely to test the validity of the Curtis bill and the Atoka agreement and is aimed at that portion of these laws which took from the individual citizens of this nation the right to receive royalties for coal mines and vested this right in the nation as a whole, placing its collection and management in the hands of the interior department as trustee for the Choctaw and Chickasaw nations. The suit is for the recovery of the royalties due under the old agree ment between McAlester and Samples, and which have since the Curtis bill been paid to the United States Indian agent by Samples & Busby, who now own an in terest in the mine. The amount involved in the claim is over s.t00 and the case is set for trial at the May term of court. Should tile suit be successful, the terri tory would be again thrown back into a disordered and chaotic state, titles de stroyed, town governments wiped out and everything unsettled and disturbed. Congressman Charles Curtis was in this city, going from here to Muskogee to meet the senatorial investigating committee which is now at that point. The whole committee will be here today and Mr. Curtis will return with them. It is an in teresting coincidence that his first visit to this city was made on the day when the first suit to destroy the validity and ef fectiveness of the bill which bears his name was filed. LESS SICKNESS. Health. Conditions in the Philippines Show Marked Improvement Washington, May 4. Surgeon Stern burg is very much gratified at the showing made in the recent report from Manila of a less percentage of sick than at any time since the American troops were sent to the Philippines. He attrib utes the better condition to several causes, but notably to the fact that offi cers and men understand the import ance of taking good care of themselves. The soldiers in the Philippines are to all intents and purposes regulars and offi cered by regular officers or volunteer of ficers and the men are compelled to con form closely to the restrictions as to diet and care of themselves. Gen. Sternberg says the training and education of the surgeons in the Philippines has had good results. These officers have learn ed how to treat tropical diseases and complaints indigenous to the lands.more successfully than formerly. Cash Register Men Strike. Dayton. O., May 4. Two thousand three hundred employes of the National cash register factory here are idle as a result of a strike of molders in the foundry department. The moldors struck for reinstatement of four men who had been discharged. Weather Indications. Chicago, May 4. For Kansas: Part ly cloudy tonight and Sunday, with pos sibly showers in northeast portion to night. Cooler tonight; southerly winds shifting to northwest. , NOT SOJAST. Court Says Hughes Must Not Make Appointments. Also Grants a Stay of Judgo Hazen's Judgment. CASE IS ADVANCED. Appeal Will Be Heard on Next Saturday. Speedy Decision in the Case la Expected. The supreme court this morning granted a stay of proceedings in the Parker-Hughes mandamus case, ap pealed from the district court. The stay Is granted until May 11, when the tasa will be heard on its merits. In the meantime Colonel Hughes Is restrained from , making i appointments and the council from making any confirmations. The lawyers and their clients as sembled in the anteroom of the supreme court a little before d;30 o'clock. Albert Parker stood by the door. Colonel Hughes seated himself on a settee and rolled a cigarette. It was nearly It) o'clock when Chief Justice Doster with Justices Johnston, Smith, Green an 1 Pollock took seats in Justice Doster's chambers and announced that the case would be heard. "If it please the court," said Judge T. F. Garver, one of the attorneys for Colonel Hughes. "Please, your honors," said Ci. C. Clemens, one of the attorneys for Al bert Parker. Judge Garver looked at Clemens, and Clemens kept right on speaking. "We have i a motion " continued Clemens. "If it please the court," said Judge Garver. ' "To submit without argument " con tinued Clemens. "If it please the court," again said Judge Garver; but he gave up, ; and Clemens finished. "As to what right counsel has to ap pear for eight defendants who do not wish to appeal," said Clemens. "We are not anxious to appear for anyone who does not wish it," said Judge Garver when he got the floor. "I take it that anyone of the defendants has a right to appear by counsel." "Garver and Larimer were ordered to produce in court the original notice of the defendants who do not wish to ap peal this case," said Clemens. "Have you it with you?" addressing Judge Garver. It was Judge Garver's turn to not notice Clemens. "Have you it (With you?" demanded Clemens. i "Your honors. I object." said Jiidge Garver as he handed the papers to Clemens. i i I "Whom did you make defendants, the old council or the new?" asked Judge Doster. "The old council." replied Judge Gar ver, "is all that appears in the record. We conceded that it made no difference. Judge Hazen suggested that it made no difference, as the judgment runs against those who are parties to this suit, and nothing was said about new members." ' The affidavits filed with the supreme court showed that the following mem bers of the old council had signed a statement that they did not wish to ap peal the case: Betts, Myers, Mergan, Snattinger, Chaney. Weber. Warner, and Elliott. The affidavits showed the following members of the new council opposed to the appeal: Griley, Myers. Snattinger, Chaney, Weber, Warner and Nichols, making eight of the old council and seven of the new. "These persons, many of them, are not parties to this suit below, are they?" asked Judge Doster. , "There are four," replied T. F. Doran, attorney for Parker. "Chaneysimply said to some one that he did not wish an appeai; the court will not consider that," said Judge Garver. i "Perhaps they will," replied Mr. Doran. "The court has my affidavit that he said that to J. H. Larimer". Did he not say so to you. Mr. Larimer?" "I say he did not," replied Larimer. "Then it is between you and Chaney, replied Doran. "No. it's between you and Chaney," replied Larimer. "We will not quibble about it," re plied Doran. The justices consulted together. "It is concluded, gentle n en," paid Justice Doster, "that we better hear the petition and the objection before mak ing a decision." "Unless we can have a stay of execu tion there is no use going on with the case," said Judge Garver. "If the onn cil meets and declares Mr. Parker elect ed he will get his certificate, and after issuing the certificate to him the coun cil will recognize him, and Colonel Hughes will have to resort to quo war ranto proceedings if he wishes to try the title to the office." "The question is whether the returns of the judges shall be taken or the whole returns considered, is It?" asked Justice Smith. "Yes." replied Judge Garver. Judge Garver held that if Parker was given the office and no stay allowed and that then there was a reversal of the opinion, that Parker could not be gotten out. "I don't see yet how you maintain that if Parker is in office and the de cision of the lower court is reversed that Parker could not be gotten out," said Justice Doster. Judge Garver's explanation was to the effect that Parker might be gotten out in time but that in the meantime Parker would be the mayor with power. Mr. Clemens cited to the court tn" commissioner of elections law govern ing the city elections. Judge Garver raised the point about the bonds carrying, and claimed a de cision was necessary to ascertain whether the bonds were valid or not. Telephone Girl Held XJp. St. Paul. Minn.. May 4. Dr. Garenz. assistant health commissioner, with a cordon of health officers, surrounded the Northern Pacific coast train when it rolled into the union depot and de tained all the members of "The Tele phone Girl" company, who were pas sengers on the train from Butte. I n party were turned back into one car. One of the voung women of the com pany is detained at Butte with a sip posed case of smalliiox. t