The Portland daily press., 1881-10-20


Mr.. Bates Subscription to Bates College.
The case of Bates College VS.. the executors
of the Bates estate was set for trial Tuesday at
Cambridge, Mass. 1t is the first case on the
docket, and will probably be promptly proceed
ed with, as we understand there is no prospect
Of a settlement and both parties are ready for
trial. The Lewiston Journal gives the follow
ing outline of the case
The claim of the college is for 100000 and
interest from Feb. 10, 1878, to the present
time, nearly $122 600.
On Feb. q, 1873, Mr.. Bates subscribed $780,
600 OH condition the college would raise $780,
600 more within five years. He died Jan. IA,
1878. the trustees of the college are prepared
to show that the 100000 was raised within the
time; that about $4,000 WAS paid into the
treasury within the i've years, and that the re-
naming 100000 (tor which notes we're given)
has been paid since. The payment of the notes
proves their validity anu soundness.
The executors OF the estate, however, claim
that the entire 500 000 should have been paid
in cash within the i've years.
The claim of the college was presented in
Boston in March, 1880, before commissioners
appointed by the Probate Court, and was dis
allowed. Counsel for the college were Messrs
Henry w. Paine and Geo. e. Smith; Tor the
estate, Messrs. Hutchings and Wheeler.
The approaching trial by jury is on an ap-
peal to the Supreme Court. Judge Lord pre-
siding.
Sweetser and Smith; for the executors are
Judge Hoar and Hutchins. Jr. Tue executors
are Mr. Bates and Hon. Henry Il. Hammond,
of New York, Mr.. Bates son-in-law. Mr..
Hammond is a lawyer by profession.
The case, so far as the college is concerned,
is in the hands of q committee consisting OF y.
D. PAilbrick, secretary Blaine, ex Gov. deg
ley, ex-Gov Cheney, U. III. Latham, II. "
Page, A. NJ. Jones and Geo. e. Smith. Pres
dent Cheney declined 20 act on the commit
tee.
The main witness is President Cheney.
Among the other witnesses are Treasurer
Jones. Mr.. Philbrick, Mr. Page, President
Durgin of Hillsdale College, the officers OF the
Free Baptist Education Society and n. W.
Harris, Esq, Secretary and Treasurer OF the
Alumni Association of the college.
In addition to the points relied on before the
commissioners, the college, will introduce wit
nesses TO show that Mr.. Bates was made &C
quainted with the fact that the institution had
received the subscriptions and notes, and that
he accepted them as complying with the con-
ditions of his donation. To show that the col
lege has acted in liberal spirit in the matter,
it will appear that President Cheney took the
ground from the beginning that the claim
would be waived if il should prove that The
value of the estate was insufficient TO pay Mr.
Bates subscription and leave reasonable
amount for the heirs; and also that at a time
when the estate appeared to be somewhat less
than now, the college authorities offered &C
settle their claim for comparatively small
sum-
II is reported now that there will be in the
estate about half million dollars after paying
the debts. With this ample provision for his
family, no one acqua' nted with Mr. Bates un
usual interest in tue college can believe that
his will will be executed unless this subscrip
ton, the conditions of which have been really
met, shall be paid to the college.