davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
SAYS WILLS DIFFER
Attorney for Wilder Relatives
Claims There Is No Trust.

The hearing before Judge Bum, in
the district court, had for the purpose
of securing an Interpretation and con-
strucfion of the Amherst H. Wilder
viii, was argued the greater part of the
day yesterday, at the conclusion of
which the matter was postponed I'M
til Saturday, May IA, when it will be
taken up at the special term.
The suit, a friendly one, brought to
determine the scope of the trust al
legged to have been formed by the terms
of the will, took ON a new turn during
the arguments yesterday, there being
no farther objection on the part of the
opposing counsel to permitting Mr..
Clapp, one of the attorneys for the
nieces and nephews of Mrs. Wilder, an
opportunity to express his interpreta-
ton as to the character of the char
liable trust contained in the Wilder
will.
If, under the terms of the viii, there
be no trust, and Mr.. Clapp did not be-
lieve there was any, then neither the
plaintiffs nor defendants in the present
suit, could administer it. Mr.. Clapp
contended that if it could be shown
that there was no trust, then there was
no trust for anyone to administer. In
respect to the trust feature, it was con-
tended that the will left by Amherst
III. Wilder was entirely different from
that OF his wife, Fanny S. Wilder.
Mr.. Clapp argued at considerable
length upon the proposition that the
probate court never, in it's final decree,
undertook to determine what were or
what were not lawful trusts under the
will of A. H. Wilder.
Jared How and F. B. Kellogg, coun-
sci for the trustees under the will,
maintained that the will was valid and
that the legacies should be paid and
the residue Of the estate turned over to
the corporation to be used for the Wor-
thy poor of st. Paul. Mr.. Clapp said
he would not oppose the payment of
the legacies unless the payment de-
cided affirmatively the question of the
validity of the A. H. Wilder trust.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
STATES WARDS MUST
NOT PUT ON STYLE
Board Of Control Saves Money
by Purchasing Last Sea.
sons Goods.

style IS not necessary for inmates OF
the state institutions, says the board
OF control which, in the letting of con-
tracts for clothing supplies, will not
permit the cut Of a garment or the
shape Of hat to stand in the way
when the material is satisfactory and
the price sufficiently low.
Observing this rule, the board was
yesterday able to secure at great re-
auctions a large number of job lots of
last seasons stock from bidders who
submitted samples of goods they wish
ed to sell to the state for the use Of
it's wards In the schools, hospitals and
asyIums.
Several large contracts were made
with ST. Paul and Minneapolis mer-
chants for hats at 80 per cent discount
from the regular price on account Of
the goods being of last years pattern.
About 100000 worth of contracts
were awarded yesterday by the board,
the members of which, with the as
sistance Of the superintendent Of the
state institutions, made examinations
of a large number of samples of gro
ceries clothing, underwear, shoes, hats,
notions, bedding and table linen. The
contracts We're for supplies for the
next three months. The successful
bidders were not announced yesterday
by the board.
While the superintendent of the in
stitutions were in town they took ad-
vantage of the opportunity to make a
tour Of inspection of the stock yards
and packing houses of South st. Paul
and the experiment station at st. An
thony Park.
Much information that will be Of
value was gained by the superintend-
ents at the packing house at South st.
Paul." said J. F. Jacobson, chairman
of the board of control, yesterday.
They are nearly all in charge of farms
and they learned a great deal about
dressing meat, which they are required
to attend to. At the farm school, where
we inspected the dairy, the stables and
the fields, many things were also learn
ed. We put in a busy day Tuesday,
starting at 7:30 in the morning and
finishing at s in the evening"
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
N6tlce % Our Patrpns.

The business and good will Of this
company in St Paul has been purchased
by The Ohio Coal Co. who VIII remove
a few days to our present location at 81
Robert street. where our many patrons
and friends win receive the same atten-
ton and courteous treatment that We
have endeavored to give In the past.
Mr.. G. G. Hartin. who has managed the
affairs of this company far the past ten
wears has associated himself with The
Ohio Coal Co.. and will devote attention
to The St Paul, business as heretofore
THE PIONEER FUEL co.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05

We offer to the public safes In our
vaults at 81 per year, a trif1e over i cent
per day, and give absolute security
against loss from thieves, burglars, mobs
and fire. Security Trust Company, N. 7.
Life Bldg.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
Benz BUYS Merriam Property.

George Benz yesterday recorded q
deed of the old w. R. Merriam prop
erty, located on Merriam hill. from j.
w. Lusk. The consideration given in
the transfer record is SIT, 1856.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05

II everyone knew what everyone should
know. hundreds OF people who never
Thought of saving before would start an
account today with Security Trust Com
pany. n. Y. Life Bldg, at 81 per cent.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05

Marshall County's Attorney on Carpet.
The trial of Greeley Carr, county at
torney of Marshall county, charged
with coliusion with ditch contractors,
viii be held this morning before Gov.
S. r. Van SAINT. Testimony taken by
a commissioner will be submitted, to-
gether with arguments.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
REPUBLICAN STATE CONVENTION
WILL Be HELD IN SANITY CITY

Committee Selects St. Paul as
the Place and June 80 as the
Date Of the Gathering to
Nominate State Offices
Duluth Makes a Vigorous
Fight but Is Defeated
Judges of the Supreme
Court VIII Be Nominated
First.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
Muslin underwear
worth ST a garrn't

great bargain table will be loaded today with an as
soflnent OF garments. Gowns, low and square neck
with Torehon lace insertion lace edge or
heInstltched ucs; Corset Covers, three lace in
sertlons lace edge; Drawers with lace or embroidery
rufie- All well made, ample, beautiful garments and
easily worth Loo each go at 69c
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
g. A great sale Of
I2sc percales

Eight cents yard for these fine new 1910 percales ia
most exceptional offer when you remember that thew
are In tremendous demand this for shirtwaist
suits and other
100 pieces to choose FROM all SO inches wide and there
is no peter quality better styled percae the mar
ket At SC they cheaper than calicoes
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
Torchon laceS
worth to Ioc a yard

"A huge assortment, piled high today
Inese faces are exact copies of the Handmade
faces Widths are " TO inches all are one price
during the sale. Insertions match
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-05
r. for CSC washable
~ taffeta ribbons

magnifeenty SOFT Iustrous ribbon the wanted sort
for girdles, hair, neck and millinery Made with
cord edge and in white cream nile pink blue Cardinal
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-27

though he shall possess all such quail
ifications, he shall nevertheless not be
entitled to vote at primary election
unless he shall also have named In a
specified way, at a specified time previ-
Gus to the election day. what party
ticket he intends to support.
Another Fatal Defect.
1T may be answered that the con-
s;itution does not require the voter to
register, while the law does" continued
the senator. True; but the supreme
court held the first registration law
enacted to have been void because,
among other things, It made no pro-
vision for the registration up to the
time Of the election OF voters who had
not been able to register before. The
present registration law contains such
provision but the primary law In ques-
tion does not permit one who has
failed In registering to name his pol.
itics thereafter at any time. even on
election day. to supply the omission" +"
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-27
Fearful Odd: Aa.ln.. Him.

Bedridden, alone and destitute. Such
In brief was the condition OF an old
soldier by name of III. Havens. Yer
sailles. o. For years he was troubled
with Kidney disease and neither doc.
tors nor medicines gave him relief. Al
length he tried Electric Bitter. 1t put
him on his feet in short order and
now he testifies; I'm on the road to
complete recovery" Best on earth for
liver and kidney troubles and all forms
of stomach and bowel complaints. Only
SOC. Guaranteed by chas. Rogers,
druggist.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-27

Iage by center bucks. but their prog
ress was necessarily slow. At end
plays they repeatedly failed and there
fore confined themselves to the line
During this play the club line was given
a chance to show what II could do,
FINALLY Stevens was forced to punt, and
"a pretty run by Blair. followed by gains
by Sutton. Tallant and Gammal, put the
bali within 10 yards OF the soldiers
goal Flanagan was sent through for
the distance, scoring the third touch
down. Tallants fine interference in the
work which followed and Stockton's
| long run were the features, Stockton
was very successful with the straight
arm.
Blair's pretty work was one of the
pleasing features of the game. He
showed up in splendid form and fire.
quently could be seen running with two
or three soldiers trying TO down him.
Bay played his position with credit and
Sutton and Painter efficiently held
down their positions, Tallant has not
played for several seasons, but his work
was of high order. Roxy Graham Is
even faster than last year and his in
terference is perfect. Stockton and
Flanagan played as they always play,
although Flanagan did not over-e&ert
himself. out Of desire to give the
front line chance to harden itself.
Johnson showed up very well for new
man and is looked upon as valuable
addition to the team. Jones played
left end for while and filed the po-
sition nicely. Hunt replacing him in the
second half. for the sake of practice.
with the new guard whom Coach
Abercrombie has arranged for. the
front line win be an excellent one. The
men showed that they are capable of
the fastest kind of ball and after an
other game will be in shape for the
big contests. The ground was very
hard Sunday and the men found 1t diff
ficult to put the customary ginger into
the game. The teams lined up as fol-
lows:
Commercial-Center, Bay: right
guard, Gammal; left guard. Johnson;
right tackle, Sutton; left tackle. Blair:
right end, Painter; left end, Jones'
Hunt; quarterback, Stockton: right
half. Graham: left half, Tallant; full
back. Flanagan.
Fort Stevens-Center, Transue; right |
guard, King; left guard, Devorak;
right tackle, Clement: left tackle. Low
I'll; right end, Watson: left end. John
son; quarterback, McPharen; right |
half. Leabo; left half, Miller; fullback,
Hoover.
The soldiers will be up for another |
game next Sunday. They play gentle
manly ball and the clublnen are under |
to them for the excellent
practice which they have provided.
Their lineup will be stronger next Sun
day and they expect to make the club
men work hard for victory.
Wis, who umpired the game. is a |
football player Of ability and proba-
bly, will be added to the club team.
The soldiers want to see the CONNER
cial team win and will gladly do all
in their power to bring success to the
local eleven.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-27
Fruit Growers Combine.

San Francisco, Sept. 26.-To control
the entire product of the state will be
the purpose of cooperative associa-
ton that will be organized in Cali
fornia, If the present plans of spe-
cial committee appointed by the State
Fruit Growers Association are indors-
ed at the coming convention of the as
sociation to be held In San Jose.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-27
The Commercial Football Eleven
Shows That lis Capable Of !
Developing Speed.
FIRST GAME WITH STEVENS
Locals Gain at win, Winning by
Score of 1910, and Devote
Much Time to Prac.
tice Work.

Sundays football game at A. F, c
park opened the Oregon season and wa
OF interest as showing the strength o
Commercials line. The work of tn,
men was highly gratifying and the!
showed up in better form in the open
ing game this season than in th'
closing game of last year, The state
ment that the work of the team proved
n disappointment is erroneous. Coach
Abercrombie says he is very well sat
isfled with the players, and that they
worked much better than he expected
The new men in the front line were
given very vigorous initiation into
the game. Johnson. left guard. played
his first game Sunday. He was not
given any of the assistance that would
be provided in a hard game, and con-
seQuently there were gains through
him. The second half Of the contest
was permitted to serve as tryout for
the new players. whose work surpassed
the expectations of the coach.
In the first half of the game the
Commercial team demonstrated its
ability by gaining absolutely at will.
Stockton won the toss, choosing the
north goal. The ball was kicked off
to Stockton, who advanced it to the
center Of the field. After gain Of
four yards by Flanagan. Commercials
fullback punted, and Roxy Graham
downed the Stevens man who secured
the ball before he had moved forward
a step. Stevens was unable to make
any yardage on the first down, lost
five yards on the second and was held
on the third. the ball passing into the
possession of the clubmen. Tallant
gained again and then Roxy scored the
first touchdown, after about minutes
play. The goal was not kicked.
Stevens again kicked of to Stock
ton and the bali was carried to the
middle of the field. The bali remained
In Commercials possession Until Stock
ton scored. Painter gained is yards,
Tallant, Blair and Sutton each made
gains OF five yards, Graham went
around for 10 yards and Gammal for
about the same distance, Stockton scor-
ing on a quarterback run. Stevens
protested that the play was started be-
fore its line was in position, and at
the request of the clubmen the score
was not allowed. Gammal scored the
second touchdown after an uninter-
rupted series of gains by the clubmen.
Flanagan gained seven yards, Graham
gained eight yards and Tallant, Blair
and Sutton carried the ball near the
soldiers goal line. Then Gammal car
ried the ball over the line. Flanagan
again failed for the goal. During the
remainder of the half the ball was in
Stevens territory, although the SOL
diers once held the clubmen for downs.
When time was called the bali was on
Stevens 10-yard line.
The second half saw the soldiers in
possession of the ball for or 4 min
utes as the result of Commercials
tumble. They managed to make yard
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-27
coIombians Not Friendly.

Bogota, Sept. 26.-President Reyes Is
meeting with much opposition in the
Colombian senate to the resumption Of
amicable relations with the United
States.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-27
Direct Primary Law Imposes Con.
dition Which Constitution
Does Not Provide.
SENATOR FULTON'S OPINION
In Failing 10 Provide for Flee.
tion Day Registry New Mea-
sure Is Also Uncon.
stitati0nal.

In quoting United States Senator Full
ton as saying that the direct prlmar.
flaw is at variance with the constitu'
tion OF the United States. The senator
said the law was unconstitutional. ant
the writer jumped to the erroneous con.
chsion that he meant 1t was contrary
to the provisions Of the national con-
stitution. As matter Of fact, the ma
tional constitution has nothing to dc
with the primary hw, which Is al vari-
ance with the constitution Of the state
of Oregon. There Is vast difference
between the national and state con-
stitutions. The national constitution
delegates to the congress certain pow
ers, while the state constitution Ia more
in the nature of a limit upon the, legis-
lature. Apart from Its specification
that no one shall be denied the right
of suffrage because of race. color or
previous condition OF servitude, the ma
tional constitution has nothing to do
with the elective franchise.
Law Plainly 10 Void.
Senator Fulton yesterday more fully
explained his idea OF the new measure,
He points out two glaring defects In
1t, and II is quite clear that the SUI
preme court would knock out the bill
IL a test case were to be instituted
Senator Fulton said of the matter;
"You were incorrect In quoting me
as saying that the direct primary law
is In violation of the constitution Of the
United States. The federal constitu-
ton does not deal with the qualification
of voters. What did say was that
in my judgment, that provision In the
direct primary law which requires a
voter to announce his political views
when he registers imposes. condition
to the exercise Of the right Of suffrage
that renders the law repugnant to that
article of the state constitution which
prescribes the qualification Of voters.
Wherein II 10 at Fault.
ut is. true that, II the voter shall
fail to state to which party he belongs,
he is not, because Of such refusal, de-
MED the right to vote at the election
held for the purpose Of electing state
county or municipal officers, but he is
denied the right to vote at the primary
or nominating election.
"The constitution Of oregon provides
that all persons possessing certain quail
ifications therein specified shall be en-
titled to vote at all elections authorized
by law The primary election Is cer-
tainly an election authorized by law
under the act in question.
1.-THE constitution does not, in spe-
cifying the qualification Of voters,
state that 1t shall be necessary for one
to have previously given the name Of
the political party he intends to sup
port, hence such requirement is in ad-
dition to the qualifications prescribed
in the constitution.
In other words, the constitution says
IL person shall possess certain quail
ifcatlons he shall be entitled to vote
at all elections authorized by law but
the act in question says that, even
Morris tribune., 1904-12-10
FIFTEEN men ARE KILLED
FlREDAMP RESPONSIBLE FOR Dis
AsTER IN BURNETT (WASH.)
COAL MINE.

Burnett, Wash, Dec. 9.-By an ex.
plosion in the Burnett coal mine, with
out a moments warning, at least
eleven lives were snuffed out and it
is believed that the deaths will total
fifteen. Eleven burnt and mangled
corpses have been recovered. Of these
unfortunate victims eight are men OF
family, while three weie unmarried.
There is known to be at least four
other miners in the shaft, but it was
deemed unsafe to continue the rescue
work and the effort to rescue them was
abandoned before midnight. While
there is slight hope that these may
still be living they have practically
been given up for lost.
1t is believed that firedamp was
responsible for the disaster, but this
will not be known until an investiga-
tion has been held.
The Burnett mine is owned by the
South Prairie Coal company and is To-
Gated about quarter of mile east Of
the depot at Burnett.
At the time of the accident there
were about forty men at work. Just
prior to the explosion some of the
miners had asCended to the surface
and others, more fortunate than the
victims, were able to make their way
to safety after the terrible blast which
shook the neighbOring territory like
an earthquake.
Two workmen were rescued badly
injured, but it is believed they will
recover.
One more body was recovered from
the mine at Burnett during the day
This makes twelve recovered. It is
said that four other bodies will be
found before night, making sixteen
persons dead in all. Ventilation has
been established and is working salts
factorily, but it is not believed that
any of the men will be rescued alive.
Morris tribune., 1904-12-10
TARIFF REVISION OPPOSED
PRESIDENT ARANDoNs IDEA OF
CALLING EXTRA SESSION
IN THE SPRING.

Washington, Dec. 9. = President
Roosevelt is comforting daily with
members of both the senate and the
house of representatives on the sub
ject of tariff revision and how the
work shall be accomplished He has
found that strong opposition exists to
consideration Of the subject by con-
gress at an extraordinary session to
be helo next spring and it can be said
that the idea of calling an extraor-
binary session for next spring prac-
ticaliy has been abandoned.
While no decision yet has been
reached regarding the revision of the
tariff it is pretty we'll understood now
that if revision should be decided upon
an extraordinary session of congress
will be called to meet next fall. The
subject will be taken up at that session
and it's consideration will probably be
taken up and concluded at the regular
session next December. This arrange
ment, it is believed, will enable con-
gress to dispose of the tariff question
al a comparatively early date in the
regular session.
Morris tribune., 1904-12-10
EXPLOSION IN CROWDED HOUSE
Child Killed ard ! i've CSner Persons
sadly Burned.

Elk Ri, -, Lcc. 9.-A child ae1I
three yea. S Was bulned TO Gcath, TO
men Wele fat2l ly buried ard twoa
other len ana u.io .----.-.l w3le Sci
ously burned il q f-e d. ing t.:s<
night. The bti.~.n:y which was
burned vas oCcur;GI by six Italian
families nuIabe. i. ) II all thirty peo-
pie. The men in the house, who weres~
III S, has 4 ..es .: :o"-ue. in tbe
buiiting which in some way was ex--
nlode1, tearing the roof from the
UGiIuing ana coavel ting the crowded.
house into q lo.--1g furnace. When
the e. los on tCo* = ace the ocCupaE:S
OF the hoSse be-; sDe ralic-stTicken-
In the u Ii GG,n TAI. S they t,amplef
ever Ca h Other ani lou. LIT fie Ceiy in
their efforts to ie.th the Coc-s. -
Morris tribune., 1904-12-10
COURT Oh CHARGE OF AID.
ING Az EMBEZZLER.
PRISONERS BOND FIXED At $4,000
ATTORNEYS GIVEN A LIMITED Pc.
RloD TO SECURE THE NEG
ESSARY SURETIES.

New York, Dec. 9.-Mrs. Cassie
aiding and abetting bank officer in
embezzling S12,500, was arraigned be-
fore United States Commissioner
Shields during the day and the hear
ing postponed until Dec. II. Bail was
fixed at $4,000 and Mrs Chadwick
remained in the marshal's office while
her attorney searched for bondsmen.
When the case was called the crowd
was so great in the corridors that it
was impossible to pass and Mrs. Chad
wick was taken through a series of
Offices directly into the courtroom. AS
she entered the room there was a mo
mentary hush, followed by buzz of
whispering until the marshal demand
ed order. Mrs. Chadwick was sup
ported by the marshal and her maid
and walked slowly, almost tottering,
but few steps into the room, where
she dropped into chair amid hun
dred OF more newspaper men. Mrs.
Chadwick sat with her head bowed in
her hands and did not once look up.
ASSlSldll OullSu SIdtSS DlSCFlCL Az
torney Baldwin formally presented the
case before Commissioner Shields, say
ing that on his information and belief
other complaints would probably be
brought, but this specific case was the
only one he desired to bring at this
time. He asked that bond of $685.
600 be fixed in the case. Mr. Carpen
ter, Mrs. Chadwick's counsel, asked
that $4,000 be fixed in view OF the
fact that principals, whom she is
charged with aidlng and abetting,
were held i'll that amount. The COM
missioner t..ea the amount at $4,000
and the hLaiing was put over until
Dec. II, Mr. Carpenter agreeing to :.
that with the understanding that he
Lave the privilege of another continu-
anoe at that time should he not be pre-
pared to go on with the case. I,
At $3.50 hail hal not been secured
md the prosecuting attorney said that
lnless it was secured by Ais Mis-
Chadwick would be tahen to the
Combs.