Evening capital. (Annapolis, Md.) 1884-1910, 1888-11-30
CORNELL'S Loss.
The Decision Denying the Uniyer-
sity Mrs. Tiske's Bequest.
DISAPPOINTED ALUMNI.
All Hope Is Not Lost, However, AS the
Case VIII he Carried TO the United
States suprems Court-They VIII
Have the Library Anyway.

EfNEw YoRK, Nov. 29.-The decision of the
court OF appeals in the matter of the con-
tested viii Of Mrs. Jennie McGraw Fiske,
which bequeathed about 81 500, 900 to the
Cornell university, reversing the decision Of
the surrogate's court and affirming that of
the general term against the university, was
received with interest by the general public
and with disappointment by alumni and
friends of Cornell university, with perhaps
the single exception Of Charles p. Bacon, who
conducted Professor Fisxe's case
Some Of them expressed the hope that the
United States supreme court would yet rem
der decision in the university's favor but
the fact that the highest court in this state
has passed against it was felt to be a strong
element in Professor Fiske's favor. The his
tory of this litigation is well known to read
ers OF newspapers
Professor Willard Fislxe is now living in an
old palace near Florence, Italy, where he has
collected a remarkable library, famous for
its completeness in works relating to the
Morse, Danish and Icalandic literatures and
manuscripts in those languages. 1t has been
said by his friends, in explanation of his ac-
ton in contesting the will, that he foresaw
the legal difficulty and intended, after secur-
ing title 10 the bequest, to make II present
TO the university at some future time, but
this is denied by the AlcGraw heirs, who say
that there would have been no contest had
Professor Fiske not originated it,
II is now tho intention of Henry w. Sage,
president of the board of trustees of the uni
versity, TO carry the case to the United
States supreme court for a construction of
the act of congress which gave the land grant
TO the state.
ii. w. SaclSett, a lawyer and member of
the class Of 1876 of Cornell university, says
that he has strong hopes that the university
will win its case. The general term, he says,
is bound to reverse the surrogates decision
In accordance with existing rulings Of the
court of appeals in two important cases of a
similar character, but it is felt by friends
of the university that when the court of APP
peals itself comes to consider the case in all
its bearings it win decide in the university's
favor
it was held to be q strong point that IL the
state waived its right to compel the univer-
sity to live MP to the terms of its charter no
private party could step in on that ground
There have been decisions by the highest
courts in other states, Mr. Sackett said, up
holding this view. The university's only
chance now lay in tina chance of favorable
decision by the United States supreme court
against the highest court of this state.
In any event, it is said that Cornell uni
versity will not be the loser to the full extent
OF the bequest by this decision The uni
versity some time ago began the erection of
library building to cost $500, 900, to be paid
for out of the Fiske legacy. The work was
begun by Mr.. Sage with the approval of the
trustees. It has been an open secret among
friends of the university for some time that
Mr.. Sage, in case of an adverse decision in
the will contest, would complete the building
at his own expense.