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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, May 04, 1901, LAST EDITION, Image 1

Image and text provided by Kansas State Historical Society; Topeka, KS

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1901-05-04/ed-1/seq-1/

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i 1 H w.
Eaes 4 to S.
Paes 1 to 8.
Ad I
Jacksonville's Property Loss
From Last Night's Fire
Is Estimated at From 10 to 15
.Million Dollars.
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.
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
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
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."
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.
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.
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.
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.
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.
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.
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.
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
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.
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
"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
President McKinley Substitutes Carriage Rides For Old
Time Levees.
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
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."
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."
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.
Mrs. Sells' Last Testament
Opened In Court Today.
Adopted Son William Is Left
Without a Bequest.
Practically Entire Estate Goes
to the Child.
P. I. Bonebrake Qualifies as
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
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
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
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,
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.
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.
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. ,
Court Says Hughes Must Not
Make Appointments.
Also Grants a Stay of Judgo
Hazen's Judgment.
Appeal Will Be Heard on Next
Speedy Decision in the Case la
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
"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
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
"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.

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