davidaulloa/AmericanStories huggingface dataset:
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-20
RESISTED THE TEMPTATION.
Would Not Abandon Low rarii Vows Tor iho
PresIdoneY.

lndinnapolis Ind. Feb ID -.Tnlgc q
10 Field Of Grown Point. lnd Wiz MA.
delegate 10 the Republican ,ouvntti,,,
~ Chicago Ia lSSS talked nbonf M,
night F''''' i"s'
lie said; "You ask me what I birt
on Judge HresLam's appointment. / ana
SNnl Vl'l AFTER voting Tor him ON every
n"liol M the national convention In 1899
y doesn't take much of prohet to Jiyl1n
tuat ana rpio.ced over Lis nroniutio.
Aud especially pleased with 80 zyis1ou
anu patriotism OF Mr.. Cleveland I'm unL'
ipg tins selection. bat / hnvp no pottsn,,,
VIII or respect Tor some Ren,n,,.,n
h,eM.HWpers noW charging The judge with
fVuu,hl pgFhdy' ! think he Is The triest
lNrh" hnh most courageous whprp hia
c'nNclions of right and wrong are I'M
Nolvrd ever know
"A piece of inside history If tho untiop.
e convention Of lNSS hest dc,unnsf,,tt.s
hiH exalted character u will hp rrpcn,
hulec tho! the charge was industrinuslv
Ihh9e hkalnsl hla loyalty to The cxtrpn,e
niu ,l'WH 'hen espowcd hy Ma udyer-
hAriea M the convention. M was dppInpd
eAp,slgnt 60 have tte Chicago lnter.D cenn
puhhsh an editorial on Thursdny morn
ing Of the FIRST week 81 the c1tiypnti,,,,
putting ~ rest an luubts of tho nnsifi,,,
or the judge on tn question Acc6r,lingl,
a committee of MJjor ~ M. Calki6s
senator Gresham sud myself were an.
pointed 10 haw' this editorial nnnenr IN,
authority of Judge Gresham. on ,vpJ.
nesany, about o'clnch ~ nirht. M
bcsicgcd AIR Nixon. elitOr Of The Inter
Uceau, % write and pGbiah such nn
editorial llc wrote it and We an usrcr,l
that h would leave no looplalo 10 doubt
Judge Grcshams goundness on tho tnri0
question. Mr. Nixon then ,nid: Of
COURSE you have seen the judge aud Oh
tainod his consent" We said we had
not, but would voueh for his approval
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-20

Of H. lie said. That won't DO.
guess yOu don't know the Judge very
we'll We declined 10 go 10 the Palmer
House. where Judge Gresham wns thth
boarding u was after midnight urd zoe
judge was in bed, little thinking that he
would be called on TO decide q question
that would certainly plit bin pui of the
thnt convention W. were Tor Gresham
aud his peaceful sluniber was no barrier
10 our enthusiasm Or purpose.
Major Calkins maiH fhe explanation
and assured the iHdec that the publication
hy authority would Secure It's nomination
and election There WIS pause md
the Judge said. 4 appreciate your friend.
ship and the good offices you are per
forming in MY behalf but. president or
no president. you cannot publish that eli-
t0Hnl by mv authority brcnusn
do not believe zoo D. 10 o. hcttcr
that should not bc dominated tLan
to commit myself 10 ihut dlctriup
Tie editorial was u0i published.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-20
WACO GLAD


Waco. Tex. Feb 10 (Spcc1LD-
Waco is rejoicing over the c.ruiut,
ot % uuW opera house Among 70 number
rl leading citizens aurh uu addition 90
tlc city hHs long bvpu 600 object ui ,am-
c,f confederation uud it needed hut thc
visit ui th" experienced Mr. Philip Grp,u-
vull tp iur city yesterday 90 unite lhr
sentiment Boa favor of the enterprise into
definite aud active form lIu hug proro.
iious tom ivo companies of huN loss
men and others Rrp dcHrluG OF uegufiat-
inV with hiu Mcssrl SWerr Bros. and
Ia llufHu, president of tbn FIt, National
bank. are negotiating win him nui hnve
Inclined, 10 Do said. 90 accept the offer
which Mr. GrrcnWull has muir. cine
prominent business man refraiupd irum
attending church thH morning u order
40 talk with Mr. GrecuWull aud B Will
INK in build the opugl house upon thr
terms named hy hw 10 it apparently
certain that ono win br huilt hut hy
whom remains to boz settled This MIR
Grecnwall suites Tho city has long felt
The want OF an opera house that which
az present serves the PURPOSE being
tutnlly Inadequate 10 the needs ur thp
city Mich intrrrt is fUlt iu The mu,trr
aud HtiHlcuun expressed over thr fuct
that tho city win boz il tbr Grcruwlll
circuit and nuuupcUI
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-20

san Antonio TcN lrb lSpocinll-
Tho only Wlur'. esguiurd boo the McNcan
cXtwllunu Cuau M frpnri.cn ienuyiicg
yesterday was trrugcupin Bvuuyldos "a dla.
tNnt relative W iIW prisoner. who tcGUhud
m regard tu tht capture OF thr rcyolNtluuufy
ur hnnlit loader liiH teHUuouY was Sub.
HluuNuIN thc -uuie nt that uf Pablo Ion.
EutiO md Lieutenant ulrkmuu
This closed ihp MCLEAN government side
ut ihr pntc nui at DE UDs#Da uf court
Monday tlc dpfpuHr VIII h"alu the Intro.
duCiiuu % testimony lu tb,r hchuiE DO
d probable ihat tho examination iu the
Reuayldr4 Ease win NOT Dee concluded Tor
several days. nul tho Testimony win Nurdly
he acted upon during the administration
or President HHrrlEou
lNbitA,.eNS
Washington Feb 20 I 10. m. For East-
crn Texas; Fair. southcrly winds.
Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-25

2 cases. Mems Clouded Angora Shirts and
Drawers, French collarette and pearl buttons, silk
mixed amber Balbriggan satin faced fancy stripe
Shirts and Drawers, regular price 81, 47e
Norwood fancy stripe and plain B.lbriggan
Shirts and Drawers, new oolorings regular selling
price $l5o, 75c.
Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-25

REPRODUCTION OF MUCKROSS ABBEY-IRIsII
VILLAGE.
At its meeting yesterday the Worlds
fair council Of administration issued an
order TO Horace Tucker, superintendent of
the burelu of admissions, to throw the
gates of Jackson park wide open Sunday,
when every one will be enabled toenter-5o
cents for adults, children half-price
There Was Rejoicing
all over the grounds over the action OF the
commission The exhibitors and conces-
sionaries joined in the general jubilation,
while the delight of the side show folks in
the Midway plaisance knew no bounds.
They Immediately began preparations to
celebrate the first Sunday opening by pre-
senting com Ilete show. Every feature
on the Midway plaisance will be In full
running order.
Massey Resigns.
immediately after the national commits
sion assembled yesterday, Commissioner
Massey arose and rendered his resignation
as member Of the judiciary committee.
In giving his reason for resigning he said
the commission had not adopted single
majority report Of any importance sub
mitted to it by the committee since he had
been member.
Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-25
VIII Ask For An Injunction.
Violated the Factory Law.

New YORK, May 25.-Joseph w. Sneed,
the superintendent of the Duke Cigaret
company, was charged with the violation
of the factory law, in allowing nine of his
pretty cgaret rollers to work over 90 hours
a week. Sneed pleaded not guilty to the
charges made against him, and he was
held in 5000 bail-Sl00 in each case.
Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-25

WEST fhoNT AGRICULTURAL bUu4DINos
AS chairman of the committee he felt
bound to resign. Commissioner Massey
has taken a leading part I'm the fight to
keep the gates closed on Sunday. A ma
jority report from his committee in favor
of Sunday closing failed of adoption by the
national commission.
VIII Ask For An Injunction.
WASHINGTON, May 25.-After a confer
ence with Attorney General Olney, Dis
trio: Attorney Milchrist of Chicago stated
that the object of his visit was to receive
instructions regarding the prosecution of
the Worlds fair officials il they opened the
fair on Sunday.
In advance of any violation Of the law
the attorney general declined to give the
district attorney any specified instruc-
tions. II the fair is opened Sunday It Is
understood that Mr.. Milchrist will ask for
an injunction restraining the commission
ers from opening it.
Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-25
WILL Be WIDE OPEN
Fair Will Rake In ShekeIS
Next Sunday.
JOY AMONG EXHIBITORS.
District Attorney Milchrist of Chicago
May Ask For an Injunction

CHICAGO, MAY 25 The Worlds fair
council of admin 7tration yesterday is
sued an order to the superintendent of the
bureau of admissions to throw the gates
of Jackson park wide open next Sunday.
"The gates will be opened on Sunday
unless there are orders to the contrary"
said Director General Davis when asked
II he would order the fair to be open next
Sunday. "The national commission has
failed to modify the order of the local di-
rectory. and. AZ the matter stands, the di-
rectory has ordered the fair opened, and
the commission has fails to change that
order, so that, unless / am prohibited
from doing so, the fair will be opened. /
do not anticipate any move to keep the
gates closed, but of course there may be-"
Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-25
NOTICE.

Carpenters, stay away from the Pawtucket
skating Rink Job until the present trouble is
settled with thelocal union.s
Per order Of Local Union A2.
The advocate and Topeka tribune., 1893-05-10

it Is also claimed by the defendant that the
property so sold was sufficient In value to dis
charge the mortgage debt, it becomes ques-
tion Of fact for the jury to determine from the
evidence whether or not the debt has been paid,
and how much. If anything, is due thereon,
and it Is error for the court to assume that
there Is balance due the plaintiff exceeding
the value Of the goods attached by the sheriff.
8. A statement made by the trial Judge to
the jury in his charge which goes too far, and
not be grounds for reversal Of the Judgment
where 1T clearly appears that it has not af-
fected the main contention of the parties and
has not prejudiced the rights of the unsuc-
cessful party.
Horton, G. J., and Johnston, j., concurring
specially. Allen, j., dissenting to the third
point Of the syllabus as applied to this case.
true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10
65S7
George l.. Rouse, Jr., vs.. George W. Barthol-
OmeW.
Error from sedgwick County.
AFFIRMED.
SYLLABUS.
BY THE COURT.

/. R. assumed the payment of one-half of
| certain mortgages on the property described in
| the deed to him from Van ID. In the COPY of
the deed in the record the lots are described as
/ in English's addition to the city of Wichita,
while in the mortgage they are described as in
English's third addition. There being moth
ing in the record to indicate that there was u
fsubstantial controversy as to the identity Of
the property in the deed with that in the
mortgage and as it does not appear that the
attention of the trial court was called to the
discrepancy in the descriptions, Held, That
this court cannot say from the record pre-
sented that the property described in the two
instruments was not identical.
2. grantee of real estate who has assumed
the payment of mortgage thereon is not dis
charged from liability to the mortgage
merely because the mOrtgagee has foreClosed
his mortgage as against the mortgagor, and
subsequent grantee Of the mortgaged property
and has sold the mortgaged property there
under and other property OF the mOrtgagOr
attached in the foreclosure suit but such
mortgage may still pursue his remedy against
the grantee who has assumed the payment of
the mortgage debt
3. The mortgaged property was appraised on
October 49, 1888, as follows: We find and esti-
mate the same to be of the total value and ap-
praisement of $SO0000, the said prOperty,being
described and separately appraised as follows,
eighty-two (S2l and eighty-fOur (84), on Fourth
avenue in Englishs third addition to the city
OF Wichita, Sedgwick county, Kansas, subject
to a mortgage for $7OOOOO with interest at
per cent. from January 20, 1887" The sheriff
sold the same for $4,000, and the sale was con-
frmed by the court. Held, That such appraise-
ment must be construed to mean that the total
value OF all thelots was $SO000O and not $S,0OO0O
over and above the amount of the mortgage,
and that $10000 the amount for which the lots
sOld,was more than twO-thirds of the appraise-
ment of the debtors interest therein.
All the justices cOncurring
true copy.
Attest: G. J. BROWN,
[sEAL] Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10
SYLLABUS.

SYLLABUS BY THE COURT. ALLEN,J.
l. Plaintiff brought suit on prOmissory note
and to foreclOse a mortgage securing the same
and another note, executed by the same par
ties. Defendant G. was sued as endOrser. He
appeared by filing a motion, which the court
Oyerruled. Afterward plaintiff without notice
obtained leave to file supplemental petition,
alleging that since the commencement of the
suit the second note had matured and asking
judgment thereon. Nearly six months after
the filing of the supplemental petition, c. OBJ
tained leave of the court to answer the original
petition, and filed an answer which contained
no reference to the supplemental petition.
More than nine months thereafter the case
came on for trial. Plaintiff demanded judg-
ment by default on the second note. G. OBJ
jected because no notice of the application for
leave to file or of the filing of the supplemental
petition had been given, and also because the
supplemental petition did not state facts
sufficient to constitute q cause of action Held,
That by challenging the sutficienCy of the sup
Elemental petition, G. made n general appear
ance to 1t, and as no continuance nor leave to
plead was asked, under the circumstances, the
court did not err in rendering judgment on
the second note.
material having been fairly submitted to the
ported by evidence having been rendered in
presented for our consideration.
All the justices cOncurring.
true copy.
Attest. C.J.BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10
GIG.
F. G. Brown vs.. The Kinsley Exchange Bank.
Error from Edwards County.
AFFIRMED.
SYLLABUS.
BY THE COURT.

SYLLABUS. BY THE COURT. JOHNSTON, J.
The owner Of tract Of land desiring to sell
the same placed 1t in the hands of an agent,
who made a conditional sale and received
from the proposed purchaser a sum of money
which was to constitute part of the purchase
money if the proposition to purchase was ac-
cepted and the conditional sale approved, and
If not the money was to be returned to the pro-
posed purchaser The money so received was
deposited in a bank to be disposed Of in ac-
cordance with these conditions, and the bank
issued an ordinary deposit slip without any
conditions written thereon, which was deliv-
cred to the owner of the land. He did not &C
cept the proposition nor ratify the sale, and the
money was withdrawn by his agent and re-
turned to the proposed purchaser. Subse
quently the owner brought an action against
the bank on the deposit, check, claiming that
1t was an unconditional agreement and that
the bank was absolutely liable for the amount
deposited. Held That the bank faithfully per-
formed its trust and that the land owner was
not entitled to recover
All the justices cOnCurring.
A true copy. -
Attest: G. j. BROWN
[sEAL1 Clerk Supreme Court
The advocate and Topeka tribune., 1893-05-10
error from LeaYenworth County.
AFFIRMED.
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON, ].
/. An action was brought by q lot owner to
recover damages from a railroad company for
obstTucting the alley at the rear Of his lot and
preventing passage to and from the same. 1t
was tried by the parties and court below upon
the theory that the occupancy and obstruction
was permanent and enduring. Held, That it
will be so considered and treated in the SUI
preme court.
2. 1t Is not necessary that portion of the
lot should actually have been taken by the
railroad company in order to entitle the
owner to damages for the obstruction; but il
access to and egress from the property has
been cut of by the construction of railroad,
the owner suffers u peculiar and special in
jury for which he Is entitled to compensation.
3 No license or consent from the city will
exempt the company from liability to the
owner for placing an obstruction across the
alley which practically excludes access to the
lot for the ordinary purposes for which an
alley Is used by an owner.
L. Although the obstruction may not wholly
prevent access to the property, il it Is such as
to practically preclude the ordinary and rea-
sOnable use of the alley as means of entering
and leaving the rear of the lot the company is
liable for the injury suffered.
All the Justices concurring.
true copy.
Attest: c. J. BROWN,
lsEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-05-10
The Harrison National Bank of Cadiz, Ohio, VS.
J. NJ, Votaw.
Error from Butler County.
AFFIRMED.
SYLLABUS.
BY THE COURT,
ALLEN, J,

/. In order to charge persons, as subscribers
to the capital stock Of corporation, it must
be shown that they subscribed to the stock of
the particular corporation on account of which
the liability is claimed, or that they have in
some manner recognized their liability as such
stockholders.
q The defendants signed paper reading as
follows: ave, the undersigned, agree to take
the number Of shares set opposite our respec-
tive names in the Douglass Sugar Company,
said shares to be in the sum Of $4,000 each"
and placed opposite their respective names
figures to represent the number of shares
taken. Afterward corporation named the
Douglass Sugar Manufacturing Company, in
corporated for 80 years with Is directors and a
capital stock of 100000, divided into 1000
shares, was formed. After the formation of
this corporation, a new subscription list was
made, and all purpose to organize under the
original one abandoned. The second list was
not signed by the defendants, and neither of
them ever paid any assessment to this corpO-
ration, nor recognized his liability to 1t as q
stockholder. Held, That by merely signing
said first paper, the defendants did not render
themselves liable to creditors Of the corpora
tion as stockholders.
All the justices concurring.
true copy.
Attest: C.J BROWN,
[sEALl 90 Clerk Supreme Court
The advocate and Topeka tribune., 1893-05-10

declared the county superintendent has no
authority to appoint another person in his
stead.
All the justices cOncurring.
true copy.
Attest: G. J. BROWN,
TsEAL1 Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10
672i
Daniel Culp ct al. vs.. Myron Culp ct al.
Error from Bourbon County.
AFFIRMED.
SYLLABUS

/. Where prOmissOry note secured by o
mortgage is barred by the statute Of limita-
tions, an action to foreclose the mortgage can
not be maintained.
q creditor who must take affirmative ac-
tion to obtain a right or remedy cannot safely
sit still when he might act, nor long delay the
taking of such initlatOry steps as will enable
him to maintain the action; and where he
fails to act or take the essential steps within
a reasonable time the statutory Limitation will
run. Bauserman VS.. Charlott, 46 Kas., 4S0
3. The maker Of a note secured by mortgage
removed from the state after the maturity Of
the note, and was absent until his death. No
administration was ever had upon his estate
nor were any steps taken to enforce the collec-
tlon Of the secured debt until about ten years
after his death, when an action to foreclOse
the mortgage was begun. Held, That the action
was barred.
4. The statutory provision which affords
minors the right to redeem lands from tax
sale after they reach majority applies only to
lands that are owned by minors or in which
they had an interest at the time of the tax
sale Doudna VS.. Harlan, A. Kas., iSi.
All the justices concurrlng.
true copy. ..-
Attest: c.. BROWN,
lsEAL Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10
AFFIRMED.
SYLLABUS.
BY THE COURT.
JOHNSTON, j.

In an action for the recovery Of money and
eral mechanics and other liens, findings of
fact and oflaw were requested and made. The
findings and Judgment were brought to the
supreme court without the evidence or any
as error that matters material to the validity
of the liens were not stated in the special find
ings. Upon some material matters no findings
were made, and upon others the findings were
general and indefinite No request was made
for other or more specific findings, and none
of those made are inconsistent with the judg-
ment. Heid That in the absence of the evil
dence or any request for other or more specific
findings, no substantial error Is shown.
All the justices concurring.
A true copy.
Attest: c. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10
6jS.
Frank C. willard VS.. John NJ. ostrander

Frank G. willard VS.. John NJ. Ostrander.
Error from Rice County.
REVERSED.
SYLLABUS. BY THE COURT ALLEN,J
1. The filing Of petition in error in this
court, and the execution and filing of stay
bond, while they stay execution of the judg
ment sought to be reversed, do not destroy or
suspend the effect OF the Judgment as evil
dence, nor as n determination OF the rights of
the parties, while the case is pending in this
court.
2. In an action charging the defendant with
the unlawful taking and conversion of flock
of sheep, where the defendant justiies the tax
ing under claim of right to do so, based on a
chattel mortgage given by the plaintiff to him,
The advocate and Topeka tribune., 1893-05-10
C. J. BROWN,
Clerk Supreme Court.
SS66.
The State of Kansas VS.. Otto Glave.
Appeal from Osborne County.
AFFIRMED.
AFFIRMED.
BY THE COURT.
SYLLABUS.

l. Where the defendant in a criminal case
announces himself ready for trial, and goes to
trial without formal arraignment or plea hav
ing been entered, and at an early stage of the
trial, on attention being called by one of the
counsel Of the state to the fact that the de-
fendant has not been arraigned, he valves
formal arraignment, and is afterwards con-
victed and sentenced, Held, That he cannot
thereafter complain of want of formal ar
raignment and entry of plea.
2. The testimony of q defendant who has
taken the witness stand and given testimony
to be considered by the jury may be COM
mented on by counsel in the same manner as
the other testimony in the case, and it is not
error in such a case to permit counsel for the
state to comment on his failure to testify with
reference to material matters within his
knowledge.
5. The evidence examined and found ample
to sustain the verdict
All the justices concurring.
true copy.
Attest: Z. j. BROWN,
[sEAL1 Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10
agl
John NJ, White VS.. Willard R. Douglas.

John NJ. White VS.. Willard r. Douglas.
Error from Jefferson County.
AFFIRMED.
SYLLABUS Blythe COURT. JOHNSTON, J.
Where the only errors assigned are such as
should bo brought to the attention OF the trial
court by motion for new trial, and where
the record merely shows that motion for a
new trial was made and overruled but the mo-
tiOn Is not preserved, nor the grounds therefor
stated no review can be had.
All the justices concurring.
A true copy.
Attest: G. j. BROWN,
= [sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-05-10

which though stating correct principle OF
law is inappliCable to the facts as disclosed
by the testimony.
All the justices cOncurring
A true copy.
Attest G. j. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-05-10
SUPREME COURT SYLLABI.
Continued from page 3D.
6C)S
The City of Eskrldge VS.. Betty Lewis
Error from Wabaunsee County.
AFFIRMED.
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON, j.
/. Where the record is silent as to the time
of filing q motion for new trial that has been
overruled, and the reasons for OVerruling the
same are not stated, the supreme court will
presume, for the purpose OF upholdlng the
judgment of the trial court, that the motion
was not made and filed in due time.
2. An action was brought by married
woman against a city to recover for personal
injuries resulting from defective sidewalk,
aud her husband was joined with her as plain
tiff, who sought to recover for the loss of ser
, vices of the wife. Held That the wife suffered
a loss from the injuries sustained which was
personal to herself, and that demurrer to the
petition because of misjoinder was well taken !;
bit held, further, That the dismissal OF the
husband from the case before its submission
cured the error committed in oyerruling the
demurrer
g. The allegations OF the petition examined
and held to be sufficient to constitute cause
of action.
All the justices COncurring.
A true copy.
Attest: Z. }. BROWN,
GsEAL1 Clerk Supreme Court