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VOL. XXVIII—NO. 253 COLUMBUS, GEORGIA: TUESDAY MORNING, OCTOBE The Story Grows Sadder as It Grows Longer. Wkolo Families Perish Without a Wltuew—Pa rent* Watch Their Chililrim Ho Down ami Are Dnublo to Snvo Them—lluiuli ilensts Driven lad by the liuek of Fresh Water. Bhaumont, Texas, October 18.—A new danger seems to have sprung up in the vicinity of Sabine that has scared search ers for the unfortunates. Cattle have be come dangerously wild animals. The watering pools have been Ailed with sea water and oattle are wild with thirst. Saturday evening a steer chased three men who were walking on the edge of a bayou and would probably have killed them if they had not succeeded in reach ing their boat. When the steer saw lie was foiled he seemed to become more fUrious. plowing up sand with his horns and bellowing loudly. Messrs Kouutz Bros., Bankers, of New York, who are largely interested in rail roads and real estate in thi3 section of Texas,have telegraphed the relief commit tee to draw on them for $2000. Intelligence has reached here that a great gale has swept over the country for forty miles north of Beaumont and Orange, reaching Jasper, county seat of Jasper county, and damaging cotton badly. Several houses in that region were demolished but uo loss of life occurred north of the Southern Pacific railroad. Iftblnc Pass ami Johnsou’n Rnyou Vlsilcii Ivy a Committee. Galveston, October 18.—The commit tee of citizens who left here Saturday night on the tug boat Estelle, which had the schooner in tow, carrying $1000 worth of provisions for the unfortunates at Sabine Pass and Johnson’s bayou, returned at a late hour last night. They reached Sabine Pass early Sunday morning and found about 100 persons living there, re luctant to leave the site of their former homes. They are occupying the few houses that withstood the storm. One half of the food and clothing taken up by the commits tee was distributed among the sufferers who were in great need of everything. The remainder was sent up to Johnson’s Bayou by the barge Topsy as the tide and ohannel V'ould not permit of Estelle go ing up the river. The committee are unanimous in their statements regarding the absolute destitution of the survivors. They say they never saw such suffering for the necessities of life as exist at Sabine Pass and Johnson’s Bayou. The commit tee ascertained that the total number of persons who lost their lives was 102; of these 04 were colored and 38 white. Only 84 bodies have thus far been recovered and buried. Scores of searching parties con tinue to hunt for the bodies of missing friends. Wind Over live Water. London, October 13.- Much damage has been done by a hurricane on the north west coast or France. Many steamers are compelled to postpone their departure, ON ’CHANGE. A Day of Activity and Change. New Yoke, October 18.—To day opened with an excited and irregular market in which the principal features were a weak ness in Manhattan and Jersey Central Which, to a certain extent, affected other anthracit companies. The strength shown by Hocking Valley and some oth ers of specialties, and the fr o selling of Manhattan knocked its prices down 9 points in the first ten minutes. After this most of the decline was recovered and a better understanding of Central affairs dis persed the somewhat gloomv view of its future, and it was sold freely throughout the day, being actually the weakest stock on the list. Other anthra cite companies, notwithstanding the efforts of a bull pool in those stocks, sympathized with Jersey Central. Vanderbilt’s and Grangers were quiet throughout the day. Strength in the market was shown entire ly by specialties. The opening was irregu lar but generally lower, differences being for small fractions in the majority of cases, while Jersey Central was stronger. The market was Irregular but general ly weak l’or the first half hour and many stocks reached their lowest point in the first fifteen minutes. Prices then rallied, afLer which they were alternately weak and strong until the last hour, when rumors to the effect that an in fluential operator was in trouble again caused free selling, and the market closed weak, in mauv cases at the lowest [joint of the day. Money was run to tea per cent. in the afternoon, which aided the final decline. Hocking Valley records the largest transactions to night, Jersey Central being close second and Lackawanna third. Roeking Valley is the only stock showing activity, which is higher to-night, its gain being 1}. Man hattan lout 7, Jersey Central Of, Lacka wanna 21, Nickel Plate If and Delaware and Iluoson and Union Pacific if each. Sales 528,000 Bhures. For Hurtlei-lng Her Child. New Bedford, Mass., October 10.—In the district court to-day there was a hear ing of the case of Mrs. Ella E. Mayliew, oi Westport, charged with murdering her child, born two years after her husband s death. Judge Borden reserved his decis ion until Tuesday. The principal points of the testimony against the defendant were that she had represented that the child was still-born, while an autopsy made by Dr. William II. Taylor, of New Bedford, the county medical examiner, snowed that all the babe’s organs were in a healthy condition. The lungs had been fully inflat ed, which, Dr. Taylor testified, was con clusive on the point that the child had breathed. Dr. William A. Gould, of West- port, testified to the same effect. No mark of injury- was found on the body. It was thought strange that Mrs. Mayliew did not send for any of her neighbors when the child was born, but, instead, sent a considerable distance for a nurse she had engaged. The child was dead when the nurse arrived. Mrs. Mayhew testified in her own behalf that she could not be lieve the child was alive. The de fense was managed by D. V. Sul livan, of Fall River, who spoke with great •everity of Deputy Sheriff Albert C. Kirby, of Westport, characterizing his conduct as an endeavor to make a great deal out ot an affair of no consequence. Judge Borden, although not satisfied to order the case to the grand jury without further delibera tion, commended the officer’s zeal. Kirby •avs a witness who was sick, and could not attend, will testify that Mrs. May hew said before the child was born that no body should see it alive. Intyre was killed by a negro at night. John D. Robinson, a,merchant of u.ioc'a Daville, was the chief instrument in working up a ease against Mottley's sup nosed murderers, and a week ago ho received an anonymous letter from a negro reminding him of the death of Mottley, mid McIntyre, and warning him to look out for himself. Yesterday morning about 4 o’clock Robinson’s store was burned and no doubt it was fired by an incendiary. Circumstances point to n conspiracy on the part of a band of negroes against the whites, though the masses of whites and blacks live on the most peacable terms. State Senator VV. A. Brown, of Franklin, Va., died yesterday, aged 05. Tlir l,n*l of tlie Strike. Chicago, October 18.— 1 There is no change in the situation in the packing house distiict this morning. The armed MLS THE General Gordon Requests that No Inau gural Ball bo Given Him. ficnorul Fit/. Loo Will Attorn! tlio Inaugural* Liquor Uhii-s TiiMlni-i-f-An Ablei-ninn's Iiule* cent AiilniudviTnioii* Upon itov. Mr. Loo—Tho Toolinoioirioal School—Other Maliors. Atlanta, Gu., October 18.—It will be remembered that some time ago a resolu tion was passed by the citv council of At lanta referring to Mayor Hillyer a petition introduced in that body asking the reduc tion of tlie $.500 fines imposed by Recorder guard now consists of 600 men. Armour Anderson upon violators of the prohibition now has 800 men at work, and began j law. For several weeks too mayor has slaughtering cattle this morning in a | had the matter before him, and his long small way. But has not yet attempted to \ delay induced the belief that he would not commence operations in, the pork packing j interfere with the recorder’ll judgment, branch and does not expect to do so to- Instead of paying Lite fines, how- dav. The great strike at the stock yards is practically settled. Delegate Barry of the Knights of Labor has just stated to a re porter that he would have an interview with the packers this afternoon, and that he would then state that the men were prepared to work ten hours a day as de manded by the packers. He should he said use every endeavor to have the pick ers discharge all the non-union men they have brought in, but he would not keep tho men out, ' he said even if the packers refused to grant this. Armour & Co. said they would not discharge any of the men they have brought in, and that as far as they are concerned they feel almost independent oi j that tb the strikers. They killed 500 cattle yester- simply a day with their now men, and expected to not, bo held liable for simply carying kill(>00 to-day. the instructions of their employer. Chicago, October 18.—The strike of tho packing house workmen was formally ended this afternoon. The strikers held a mass meeting on the prairie about 3 o’clock at which between 12,000 and 14,000 were present. ’The proposition to return o work on the ten hour plan was carried almost unanimously and the strike was declared at an end. WHAT MEN WILL WEAR. Seme I’tiiuts on I he Fashions in Miurritlue At tire for tile \t inter. Ne-.v York World. As the opening of the winter season draws near what is to be the latest style in masculine apparel increases daily as a mat ter of interest among all men who wish to dress well and correctly, and to be thor oughly up in the very latest tiling in the matter of dress and etiquette. Each suc ceeding season brings more or less changes in these matters, sometimes comparatively slight in themselves, and yet which in volve an enormous amount of worry, dis cussion and, in the aggregate, expense. A visit of inspection recently paid to the leading tailors disclosed the fact that the changes in men’s fashions tlii3 year will be very few. -Mr. Andrew J. Cormiek says that for dress 3uits fine diagonal cloths will be used as last year. There is a growing tendency to relieve the sombre- ness of the dross suit by more or less elaboration of the waistcoat. These will be worn with the dress suit, embroidered with fancy figures, in colors. Black and white embroidered waistcoats have ta sen very well also for evening wear. Larger trousers will bo worn. They are now cut 20-inch knee and lS-inoh bottom. The ever, tho defendants iii all of tho eases tiled supersedeas bonds, and appealed directly to the supreme court. Last week the case of A. Bronck came up in the supremo court and was dismissed because of defects in the record. The eases of Br*.nck, McMahon Sc Hollis having been brought by same attorneys, under same proceedings, were all with drawn. Before amending their pleadings, however, with a view' to bringing their cases again before the court, the attorneys determined to make an effort before Mayor Hillyer for a reduction of the lines which had been referred to him under resolution of council. Mr. O'Neill, of counsel for Messrs. Bronck, Hollis <& McMahon,argued the two last named were acting is clerks for the former and should out Hi? argued that in any event the tines were excessive and ought to be reduced. Mayor Hillyer lias rendered a decision reducing the fines of Messrs. McMahon and Hollis to $50 each and Brouek’s from $509 to $200. The other cases were all before him under the resolution of council, though not represented in Saturday's argument by Mr O'Neill, and the mayor’s j,, decision covered them nil, tho fines ofa fall j Messrs. Warner and Schumann being scaled to $259 each, and these of C. C. Thorn, T. 0. Mayaou ami J. M. Mabra left at $500 each. Tho first throe will ptiy their .fines as reduced by the mayor, but ft is said the others will abide the decree oi the supreme court. Preparing far (In- Salmis. Atlanta, October 13.—The legislative hall has been furnished with a new red carpet, the swinging glass doors have been overhauled,land to-day the representatives' desks are being put down. There are 175 of them, and it is quite a job to arrange them in order, and screw them to the floor. Willi its bright carpet and new var nish the old hall will look its best when tbs new house assembles. No Inaugural Dali. Atlanta, Ga., October lfi.—By request of General Gordon the banquet uud in augural ball, for which such mammoth preparations were on foot, have been abandoned because of the death of his brother. The military and civic display attendant upon tne inauguration cere monies will take place as a public matter, against Which the general did not feel at liberty to interpose his personal bereave ment. Invitations have been issued to the stale military. Many com panies have already signified their , intention to be present, and replies tailless dress coat so much discussed was from others are being daily received. The started by the tailors. Whatever popular- Stuart Horse Guards of Richmond will be ity it gained last-summer will soon be for- ; present, t he guests of the Governor’s Horse gotten. It is not adapted to winter use. In business suits the tendency is towards four-button cutaway frocks,single- breasted, opening much lower than for many years past. Whan admissible—that is, when the cloth will permit—the edges are stitched. For afternoon receptions and day wad dings the old Prinee Alberts, or better, frock coats, will be worn. With these will go outline striped trouserings and waistcoats of black, gray or blue. Fall weight overcoats are made this year of black and gray diagonals and meltons, with welted seams and stitched edges, silk facings to the extreme edge and a soft roll collar, winter overcoats of fur beavers, eleisons oursus, and metinae, single or double-breasted sacks. Heavy weight goods are popular. The nap of tho fur beavers is quite short and the long-nap goods of former seasons are not in favor. These goods are piped with velvet, l'aoed to the lapel, and have velvet collars. Full dress shirts, says Mr. Budd, will j have mostly three small studs, but some swells claim that the very correct tiling will be two studs. Tho single stud has pretty well gone out. Dress suits will have a single strip of French enbroidery down the front, also white pea-ribbed ribs running up and down and crossways. Collars and cuffs will be attached. Straight and standing collars, with a very little space, will be worn, and square link cuffs. The evening tie will be of white j cambric or mull, one to one and om- fViurth inches wide, and must not be made up, but tied by oneself. Gloves will be worn on all occasions. Pearl, with broad black stitching on back, will be correct for evening wear. For day weddings, pearl gloves with stitched back and tie of white ottoman silk tied in four-in-hand knot, should be worn. Day scarfs will be the four-in-hand and made- up knots, either white or colored. Not withstanding the efforts made to introduce l name last season the once popular and always 1 convenient onera, they will not he worn this winter;‘the high and inappropriate silk hat being carried at opera and wher ever possible in their place. the streets.” Then Mr. Hattie, who had been sitting nervously in' his chair, j jumped up and called for a reconsidera tion of the vole by which the sale of At-j ta-nuulc beer was permitted. He line! ; jiisl launched into a law discovery when j Mayor Hillyer interrupted him with the I Bt-dinunt that ii veto was on the table, i “Ah!” said Mr. Beattie a sin- fell back into i iii-i chair. The veto was read. It was a long \ nod dreary document written in Mayor 11 i I Iyer's most prosy style. Tho discussion which followed became sensational, when | Alderman Stockdell arose to a question of privilege and denounced Rev. .1. W. Leu i tor falsifying tlm truth, and styled him a I political mountebank whoso ig-ht Imnniii- | Ity within the folds of ecclesiastical gar ments. The motion to disagree to the mayor’s veto was negatived by a vote of 9 to ti, so that the beer cart must now come | to a halt. Tlir UiuMi fur Coroner. Atlanta, October 18.—The office of coroner seems to be quite a desirable prize from the number of applicants In the field. There are eight white candidates and one negro, and it is suggested that the long di vision of the white vote will render pos sible the election of the latter should he receive the solid negro vote. Before the day of election arrives, however, there will doubtless be a thining out, and the race will be left to the probale winners. It is now believed that the inside track is held by Messrs. E. C. Brufiey and .). F. Barclay, with the former selling as favorite. The office pays about $59 a month, and requires no special qualifications. This may ac count for the rush of candidat es. CANADIAN TORIES DEFEATED. (Irrut Yx-biry fill- tin* Opposition in tlm Urovlm-e of (Juiibi-i-. Montreal, Quo., October 17.—The gov ern incut. of Quebec was disastrously de feated in the elections Saturday. The tories in every part of t he province lost seats that they had held secure lor many years. More than twenty of such scats have been captured by the opposition and a very small minority has been transform ed into a majority. The returns are not el. but it is generally conceded that Merrier, the leader of the opposition, will have a nmjoi ity, flie government party say of one or two, but Mr. Mercier believes Guards, and General Fitz Hugh Lee, gov ernor of Virginia, will honor the occasion with his presence. Though the inaugural ball cannot properly be had, it is probable _ _ that a ball will bo given at the Gate City j O’Neill it. is believedthat the general will Guards armory to the visiting military as capture the convention, when it meets if | his name is presented. The only thing to | hinder it will be the consent of Congress- th’at when the assembly meets he will have a majority of t welve. The returns to-night shovi 29 government and 360 opposition. There arc six oouiitioB yot to hear from and part of these returns are in a measure .coni-, lend. The three labor candidates in Montreal wore defeated. In this city also t tie government lost three old leaders am’, the attorney-general. There arc intrigues on foot already on the part of the government to purchase some of the men returned to oppose them. There is also talk of a judge being taken from tlie bench and making him leader of the tories a.id remodeling the government so as to include some woalc-kneed opposi tion members, but nothing is settled yet. Uut!pr Huy Kim fur (Imiari-xft. Boston, October 18.—Three different conventions have been held in the fourth congressional district to nominate a suc cessor to Gen. P. A. Collins, who has de clined to run again. After a hundred or more ballots no choice has been made, there being enough independents to pre vent the nomination of either District At torney Daeey or Joseph IT. O’Neill, the leading candidates. To day a World cor respondent asked Gen. Butler if he would consent to run if nominated. “Though I have said I was clean out of uolitics,” replied tho general, “I think I might run in that old stronghold, for I know I have many iriends there who would rally to my support and give me a triumphant election. Yes, I think I might consent. Considering the hot fight, now waging between Daeoy and an incident of the occasiou. ml uf Walter (Ionian. Atlanta, October 18.—'The re Wakcr Gordon will reach Atlanta at noon to-morrow, and the funeral procession will proceed from tlie train to tlie First Baptist church, of which Mr. Gordon was a mem ber. The burial will taka place in Oakland cemetery. Aiwusta’n Firo Department. Atlanta, October 18.—Chief Plat,l, of the Augusta Fire Department, was in At lanta to-day inspecting the Hook and Lad der truck and other equipments of the de partment here with a view to tho change from a volunteer to a paid department, which is contemplated in Augusta. Atlanta Will Out II. Atlanta, October 18.—The technologi cal commission Will meet again in Atlanta to-morrow to inspect ilie site offered here aim lintilly decide tho location of tlie school. The general impression hero is that Atlauta will secure Inc school. nlVilurutu Survivin' man Collins to have his name used. The of I fact that Butler does not live in the district does not prevent him from running so long us be lives in the state. A Sbirtlliiir Resolution. Richmond, Va., October 18.—At the forenoon session of the general assembly of the Knights of Labor to-day, Thomas O’Reilly, of the telegraphers’district, of fered tne following resolut on: Resolved, That the organized power of | the order of the Rights of Labor be di rected in demanding at tho hands of con- > press the passage of a measure recommend- i ing the purchase, under right of eminent domain,’ of the telegraph system of the ] country: that it is the duty of all to assist, ; in nominating and supporting with i their votes only such candidates I as will pledge their support to ■ such a measure, and that special instruc- I tions be issued to the legislative commit tees at Washington to agitate for such j ownership and make government tele graphy one of the burning questionsof the | lay. In introducing the resolution, Confederate Survivors’ Association. j day. , in introducing tlm resolution, Atlanta, October 18.—The Confederate ! G’Rcilley called attention to the fact that Survivors’ Association met to-nigiii: and i [he telegraph linesin every country except adopted a handsome gold badge ana up- | the United States and Canada are owned pointed a committee to confer with a mint - tin; government, and claimed _ that it tion. Thi gramme arranged by the joint legislative committee, but it mu3t be on Saturday of tlie first week if a day previous is not ATI. ANT -V, shaiv issued day in referonc oleomargarine, v ber 1, under Uie iinargiii-iiit- in Trouble. October 18.—Collector Cren- i iutr to his deputies to- •once to levying the tax on ,, io, which will be doe Novcm- Demli on tlie Deep. ber 1, under the recent congressional act. Key West, Fia., October 18.—C.-ip-ain i utter is defined as “The food product Zelulf, of the schooner Anna B. Iiutohin-| made exclusively from miik or cream, or son, from Chagres for New York, reports botli, with or without salt or coloring as follows: On the 4th inst. fifty miles | matter^’ and all artificial products manu- south of Tortugus he picked up tne cap- j Pictured from oils, ials, etc., are subject to tain, mate and four sailors oftfie Spanish ! taxation. Every manufacturer must pay " ’ * ~ $500 tax from November 1 to April pointed a committee to confer With a joint j »y l "< ; government, and claimed that it committee of the house and senate on i was an absolute necessity here that the preparations for the governor’s inaugura- i telegraph system should bu controlled by - day has to be set and the p 1 m i„t.*.w. ive I - Tim City by tin- Si-a. tuber 18.—There have c-1". t, Friday morning. ■ an, though active in io relief committee so epairs on 84-1 houses of unable to do any work but the amount grant- hided plastering. Four :d by the committee, lining tlie damages bark Tresauroras from Barcelona for Ha vana, wine laden, drifting on a part of the cabin house. The bark was sunk on Octo ber 10 and seven men are supposed to have gone down with her. Those that were rescued by the Hutchinson were in a critical condition when picked up, having been without food or water for four days. Tim President's Trip. Washington. October 18.— 1 The presi dent, accompanied by several members of his cabinet, will attend the state agricul tural fair at Richmond, Va., on Thursday next. The party will leave Washington early in the morning of that day and re turn the same night. The trip will bo made on a fast special truin with as few stops as possible so as to give the party ample time to visit the fair grounds. On .... ivy..a i.,., president 30, besides two cents per pound all stuff manufactured. Every wholesale dealer must pay a $240 tax and every retail dealer $24. One wbo sells or offers for sale oleomargarine without having it in news paper and wooden boxes plainly labelled as prescribed by law is subject to a line of from $500 to $2000, in ease he is a whole sale offender, and from $-50 to $100 if a re tailer. No 51 ore Beer. Atlanta, October 18.—An interested crowd gathered in the council chamber this afternoon. The occasion was the ex pected re opening of the. prohibiton ques tion. A committee of ladies was present, the members of which asked the privil who Charlest been no The city js business ci .-c far has person. 1 without assist nice, ed in every case exi contractors, engag are at work exa/ property concerning which applications for assistance have been made. The com mittee acts promptly on every report made. The committee on immediate re lief which grants small sums of money, and deals exclusively with injury to per sona! property, have acted upon 800 cases, and all tnis is outside of the work of sub sisting the poor by furnishing rations. the following Wednesday the pres and his cabinet will go to New York to at- _ tend the inaugural ceremonies of the Bar- ; j c ;- nC [ of employment bureau and a foundling Di*n>.tor* at Sea. London, October 18.—The quantity of wreckage washed ashore near Appledore, marked “Castleton” and other names on wreckage, indicate that more than one steamer has been lost in that locality. During the storm the bark Byron, from Hamburg for Wilmington, took shelter at Portland, having lost her rudder and sus tained other damage. Eleven persons were lost from tho Norwegian bark Fred- erkslad, from Musquash, N. B., for Swan sea, which was wrecked offPadstow. The ^ Norwegian bark Valborg, from Savannah of being heard. The first was Mrs. Abbott, j September 10 for Hamburg, is anchored in who spoke for the Women’s Christian I Dial Dorons. The muster and most of the Association. Bhe wanted $50 a mouth for a | crew are sick. tholdi statue. Two Mysterious fllurilcrs. Danville, Va., October 18.—Some time a Lucius Mottley’s body was found at the it of a precipice in north Danville, -ong evidence was collected pointing to irdar. Not long afterward Joliu J. Mo- A Cincinnati FI j hospital. Tier remarks were delivered ii, I a well modulated voice and made i I pleasant Impression. Then Mrs. llurpe The Scarlet Woman. Macon, Ga,, October IS.—Pat Erskine, ho was stabbed in the back in a bagnio His Nephews Have at Last Determined On the Desperate Attempt. They lliivo licitui Opinions that tIn- Ucshluivry t'iniiM-is linallil—II is lli-lil 11mI lit- Trustees Cannot he Kmpowercil to Nano- a Lejuitee, as Ai-i-orillnir to the Lawyer*, the Will Provide*. No Opposition, However, to hi- Jluile to the Probate. New Lebanon, October Kl.— 1 The will of Samuel J. Tilden, if present intentions are carried out, is to be contested. There have bet-n rumors to this effect in circula tion almost ever since the contents of the will were first- made public, but nothing definite could be learned on the subject. Now, however, a World reporter Heiit hero to investigate these rumors is able to an nounce not only that a contest will be made, but nlso how it will be made and on what grounds. George II. and Samuel J. Tilden, the sons of Henry A. Tilden and nephews of tho testator, are to bo the contestants, and it is said by some persons, though denied by A. 11. Farrar, the vice-president and attorney for the bank, that tho National Bank of Kin- derhook, N. Y., will be n party to Uie con test. Sinco tlie will was read to the members of the testatoi-’s.fainlly at Greystono on the morning of Monday, August 9 last, the Messrs Tilden have boon quietly obtaining legal opinions as to the validity of tho document, and they now have the views on that subject of some of the most emi nent lawyers iti New York city and state, among whom arc I lenry L. Clinton and Aaron J. Vmulcrpoel. Mr. (Ji ill ton, it is understood, has given an unequivocal opinion in writing that the will can be broken, and lie and Mr. Vunderpoel are mentioned as tho counsel retained by tho Tildmis to make the attempt to break it. Tlie will is to be contested, not on the ground of incapacity, but. on the ground of con aruction, and for Unit re.mu nno objec tion will bo made to the probate of the in strument. when it Is offered for that pur pose on Wednesday morning next to the surrogate of Westchester county at White Plains. A notice of intention to contest a will on the ground of incapacity must be given before the will is admitted to pro bate, Imt notice of contest on tho ground of construction may be given at. any time within a year after admission, 'i'he Messrs. Tilden have been advised that there would he no avail in attempting to contest the will on the ground of incapacity. There would be forthcoming, they were advised, abundant and overwhelming proofs of the governor’s mental clearness aud vigor and ent.iro capacity to make a will. They were ad.-istd, however, at tlie same time, that the will was assailable on its construction, und that in that respect it is really a weak instru ment. When a will is attacked on its eon struetio.-i, the court is asked first to con strue the moaning of i.s provisions, and then to decide wli.-t’.i ■ , according to its meaning no determined, St i; u legal docu ment. Mr. Tilden’s will is to be attacked on the residuary clause, which empower* the trustees t-u apply tj the legislature for an act to incorporate a body to be called tlie Tilden trust, anil which, when incor porated is to become tlie residuary legatee. The lawyers consulted in the matter agree that this is equivalent to bequeathing to tho trustees under the will the power to name the legatee of the testator, while they declare that under tho recent decis ions of the courts of last resort ill this country lliat is precisely what a testator cannot do. A testator, they say, can designate Qio pers n or persons to whom he would leave the money, but lie cannot empower other persons to designate those pcrsuiis for him. Under the English law, which they believe the governor had chiefly in mind when he made his will, the instru ment would bn valid, but urul r the decis ions of the courts in this country, rendered mainly during the last three years, it can not be maintained. It is suggested that the governor during the last three or four years of his life neglected to read the de cisions governing bequests, and thus over looked the essential princip e the violation of which invalidates the doettm lit. In view of the importance thus assumed by the residuary clause it will bear reprint ing in its entirety. It i.s the hirt.v-lifth clause of liic Will mid it may be noted that, tbe thirty-third and thirty-fourth cl-uvas, which direct the cstabiisiiuien: of libraries lit Yonkers mid New Lebanon, have i.iic same defect, if it really be a defect. Here is the clause: i request my said executors and trir toes to obtain as speedily as possible from the legislature an act of incorporation oi an institution to be known tin the Tilden Trust, with capacity to establish and main tain a free library and reading room in the city of Netv York, and to promote such scientific and educational objects as my said executors and trustees may more par ticularly designate. Such corporai; m shall have not less than five trustees, with pmv cr to fill vacancies in their number, and in case said institution shall bo incorporated in a form and manner satisfactory to my said executors and trustees during the life! inn - of the survivor of tho two lives in being, upon which the trust of my general estate herein created is limited to- wit, the lives of Ruby S. Tilden and ,Susie Whittlesey, I hereby authorize my said executors and trustees to organize tho said corporation, designate the first trustees thereof, and to convey to or apply to the uic of the same the rest, residue and remainder of all iny real and personal estate not specifically disposed of by this instrument, or so much .thereof as they may deem expedient, but subject, nevertheless, to the special trusts herein directed to he constituted for pur liculur persons, and to the obligations to make and keep good the said special trusts, provided that the said corpor ition shall lie authorized by law to assume sued obliga tion. But in ease such institution shall not be so incorporated during the lifetime of the survivors of the said Ruby S. Tilden and Susie Whittlossey, or it’ lor any cause or reason my said exec utors shall deem it inexpedient to convey said rest, residue and remainder or anv part thereof, or to apply the same or any part thereof to the said institution, I authorize my said executors and trustees to apply the rest, residue and remainder of my property, real and personal, after making good the special trusts herein di rected to be constituted, or such portion thereof as they may not deem it expedient to apply to its use to such charitable, edu cational and scienliflc purposes, as in the judgment of my said executors and trus tees will render tho said rest, residue and remainder of my property most widely and substantially beneficial to the interests of mankind. This clause has already given rise to much comment ou account of the wide discretionary powers it gives to the trus tees. Tlie other view that it is invalid be cause it practically empowers the trustees to determine how the estate shall be dis posed oflins attracted less attention. This point is made much of by the counsel con sulted by tlie Messrs. Tilden. The Messrs. Tilden, as may he supposed, ’RICE FIVE CENTS will not talk about the matter for publica tion, but they have conversed with and shown a letter from counsel to several -rsous from whom your correspondent is derived his knowledge of its contents. Mr. Andrew II. Greert, the only one of the Tilden trustees in town yesterday, was asked for his opinion concerning the points alleged for contesting the will, but declined to speak at.nll touching the matter. It will be remembered that the will pro vided that any of the legatees who may contest the will, shall be deprived of all benefits under it. The nephews were each left the income of $75,000, besides being held quit of large advances made them by Mr. Tlldeu during Ills lifetime. Cliurrliiiien In Council. Marion, O., October 18.—At the general conference of tho Free Baptists to-day, af ter the reading of the roll, the Mississippi Free Will Bapt ist Association requested ad mittance into tho general conference, and the recommendation by the committee was received, a congratulatory telegram was read from the National GVmgrgutional convention being held at Chicugo. It was forwarded by the congregation of Hins dale college. The report from the com mittee oil church doctrines was rend. The report endorsed strong ly the position of the Free Baptists us being immersionlsts and recog nized the great distinction between tho spiritual church, which is composed of all Christians, and organizations of Christians ns denominations of local churches. The report met with a hearty approval. A paper was read by Rev. R. J. Posten, of Ohio, setting forth the value of the Bub- bath to the working classes. An interest ing address was given by H. A. Clark, of Rhode Island, on “the model Bunday school.” Aiiu-h' I’rm-hiiiiiitioit. Minneopolis, Minn., October 18.—The switchmen arc quiet., although firm, and (he railroads show no signs of yielding. At the Milwaukee yards, so far as moving freight is concerned, the strike has prac tically ended. Mayor Ames in his second proclamation says, after referring to tiio failure to bring about an arbitration: “l (to now declare that irrespective of all said variance, said traffic must be re sumed I further command that all per sons abstain from acts of violence or inter ference with the lawful movements of trains, mid I warn all persons that, any one found so committing acts of violence to persons or property, or interfering with lailroad traffic, will be promptly arrested and dealt with according to law.” Preventing the Fever. Mobile, Ala., October 18.—A special to the Register from Biloxi says: “There have been a number of cases of fever, mostly of a very mild sort, during the last seven or eight weeks, and since the 27th of August there have been eighteen deaths from all causes, not more than thirteen of which arc attributable to fever, and these chiefly children. At present there are not exceeding twenty-five eases under treat ment, all reported doing well, and uo new case Since Saturday. An investigation hv the Mississippi board of health and the Ifarrlson county board is in progress there. Mobile p! iced iimpaction officers on trains to d-iv forbid ling persons Irom Harrison county ’r J n stopping in Mobile. A strict i I-:).:- 1 ’:-1 i ■ -,vns decided upon by the board ■ .if ii., fit,i to-night, and the proclamation | will bj issued to-morrow morning. iviicn Dort/ir* DIffi-r, I1U-. i Chicago, October 18.—In the debate in 1 iho Episcopal convention this afternoon on the judioiiil system of the church, the two I sit parties in the convention stood ai- j rayed .opr rate urn! dis inet. i’he doctrine j -if slate sovereignty was never more ably championed in ante-bellum days than it j was by able advocates ou the floor of I l-he house. Rev. It. C. Foute, of Cali- 1 luiniu, thought it incomprehensible that ] .any one should believe the present system i was sufficiently sound. He strongly favor- I ;• I establishing a court. Mr. Burgyn, of North Carolina, opposed the proposition, j They were followed by a great number of ! other speakers, Rev. Dr. Hopkins, of Pennsylvania, being the last speaker ad- j vomiting a emu l, and Judge Bheffly, of Vir* | g'mia, pleading against it. Tlie ItiiUroni! CUR hits Win Rlmat. I Minneapolis, Minn.. October IS.— 1 The I striking switchmen show no disposition to ! do violence this morning, but seem to be awaiting the action of the railroad officials. | Trains on one or two Kne3 are moving | without troll bio; others are idle. Large l Duces of special policemen are being j sworn in, and the Northern Pacific and ; Manitoba railroad are arming liiurnew employes with rifles, and express a de termination to move trains at all hazards. As soon ns these preparations are com pleted an effort to move trains will be made. Ml. Berlin, October 18.—A more hopeful peace feeling prevails in official circles. There was an animated buying in the bourse to day, ami a reaction in favor of Russian securities. Tho North German Gazette lias a bitter article assailing Prince Alexander as the cause of the present- Eu ropean crisis. The Gazette says that Al exander during his reign ignored his treaties, forgot the Russian origin of his position, and was faithless to his relations to the czar’s family, and that his return bo Bulgaria is impossible. A Sii|i»rlnU-iKlent Killed. Baltimore. October 18.—Edward Her bert, superintendent of the West Virginia Central railroad, fell through a hole in one of the Baltimore and Ohio coal piers short ly after dark to-night and was instautly killed. He was looking for a car, and, in I he darkness, made a misstep, falling about 30 feet. Deceased was 65 years of age. He leaves a family. Nainbiiiti-4 I'm- Fan errs*. Kingston, N. Y., October 18.—The re publicans of the 17t h congressional district to day nominated T. T. Hopkins for con gress. The democrats of the 16th district to-day nominated Leonard D. Tackett, of Poughkeepsie, for congress. Sweet filin'* Charity. Dublin, October 18.—Miss Mary Ander son h is subscribed $2500 for the benefit of the .sufferers by the Charleston earthquake. ’The sum represents the net proceeds of her performances during the past week for the benefit of the sufferers. The Country In Safe at Last. Washington, October 18. — Robert Walker, of Norfolk, Va., and James Alfred Jones, of Richmond, Va., were admitted to praelice in the supreme court of t.he Uuited States to-day. Thu French Spoliation Claim*. Washington, October 18.—The court of claims will meet next Monday aud begin the trial of the French spoliation claim cases. There are already 34:2 of these cases ou docket for immediate trial. ColluiHu or a Tobacco Factory. Louisville, Ky., October 18.—' Rudolph Finzcr Tobacco Manufuctui Company asfigued to-day. Liabilities j 000, assets $40,000,