davidaulloa/AmericanStories huggingface dataset:
The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-08-01
MIDSUMMER AT ATLANTIC cITY.

The Mid summer Excursion Of the Baltimore
and Ohio Railroad to Atlantic City from Pitts.
burgh. Wheeling. ParkershnrEand all informed
ia+ stations 10 Washington Junction, Md, will
be run on Thursday July Goth This viii be the
second IL the series of baltimore and Ohio Scat
predecessor In the convenience OF train arranees
ments excellence of Accommodations and su-
petioFty IL The service. Those awaiting them
selves DC the low rates offered for this excurz
siol viii fnd Atlantic CITY at the height Of It's
Midsummer Caieties and giories while the
Tickets wifi BE- valid for return journey for
twelve days from day OF sale and Will be good
on alf regnar1rains. ON return Journey they
Mill be go0tls To step OF az Washington. thus
affordlng an opportunity to visit the numerous
puhlit. buildings whichare open to visitors free
q MI Vernon the tomb IT Washington, as well
as 70 visit ether places Of interest in and near
Washington
For rates and time n trains consult append.
cd table
lgAyt I'm, A.ln,8 f.a.r An RAre
Cumberland @1i;iJ $50 1880 i230 $50
Hancock 1925 lis1s ZOO 2s0f 10
Maftinshurg Isl 1910 iis5s 2:SI $50 $50
shenandoah 2oi is.i s s8
Harper Ferry 2:l3 1879 8.35 $50 $50
WashtngtonJe, g.I5 1859 4.ip 40 $50
corfespondngly low rates from other sta,
For additional trains nom Pittsburgh ana
Cumberland see timetable published elsewhere
In this paper.
Pullnan cars on an trains
For more detailed informant lon ap{iiy tahGar.
est II o ticket agent
tHAs.Ng. SGT n,
ltriqt b. y O. X II
The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-08-01

For Malaria, Liver Trou-
Bile, or Indigestion use
BROWN S IRON BITTERS
The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-08-01

Lee Il. gopey deiies competition III
pthe laundry Inc. An his work n FIRST.
class,
The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-08-01

r VERNON ALER. Editor 8 Prop
The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-08-01

: orrIcE 81 rusLIc s0uARE :
The advocate and Topeka tribune., 1893-07-12
01
The Board Of Education of the City of Topeka
VS.. Il. b. WelCh.
Original Proceeding in Mandamus.

Original Proceeding In Mandamus.
pEREMPToRY WRIT ORDERED TO ISSUE.
SYLLABUS. BY THE COURT. HORTON, C.J.
/. The corporate functions Of the board OF
education Of city of the first class are granted
TO assist in carrying out the general common
school system adopted by the state.
=. The boards OF education Of cities OF the
first class are vested with large discretion in
all matters pertaining to the management OF
the schools under their control. What rules
and regulations may best promote the interest
of the schools and what branches shall be
taught, other than those expressly prescribed
by the statute for all school districts, are mat
ters left TO the determination OF the directors
OF the boards; but they should always keep In
view the highest good OF the schools. with the
discretionary powers OF sucn oInCers' Sne
courts will not Interfere, unless there has been
such an abuse OF their discretion as works pal
pable injustice or injury.
g. The boards OF education OF cities OF the
first class have the power to establish ana
maintain various grades or departments in
city public schools, including high school
grade or department.
T. Under chap 1876, session laws OF 1881, upon
proper proceedings being had therefor, and
after vote OF majority OF the qualified cleo
tors of the city in favor Of such proposition,a a
board of education may Issue bonds In accord
ance with the provisions OF such chapter to
purchase a site and erect high school build
ing. .
). AS the territory controlled by the board Of
education of the city Of Topeka for school pur-
poses embraces the same territory rs the cor
poration Of the city OF Topeka, the mayor and
council OF the city, under the ordinances Of
the city providing for canyassing the returns
OF all special and general elections held within
the city, have power to meet and canvass the
returns OF a special election held under the
provisions OF chap 1876, session laws OF 1891, to
issue bonds to purchase u school site or build
a school building within the city.
6. A canvassing board cannot relieve itself OF
its duty by refusing to canvass the returns Of
an election properly presented to it, and II
such board adjourns without canyassing
the returns before 1t and declaring the result
thereof, It's duty Is to reassemble as soon as
possible and make n correct canvass OF all the
returns. Lewis VS.. Commissioners OF Marshall
County, l6 Kas, lO2: Rosenthal VS.. Board, 80
Pac. Rep, l20; In 70 Gum, 80 PaC. Rep, AL,
All the justices concurring.
A true copy. .,o,,,,.
Attest: G. ]. BROWN,
GsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
6T7
Joseph Lorle vs.. J. J. Adams.
Error from Chautauqua County.
SYLLABUS.
G.. j. BROWN,
Clerk Supreme Court.

SYLLABUS Blythe COURT. HORTON, G. J.
l. The instructions given by trial court
should be applicable to the issues in the case
and the facts disclosed upon the trial.
2. A trial court ought not In Its Instructions
to Jury, intimate that any fact Is established
where there is conflicting evidence concerning
the same, the determination of which Is the
exclusive province OF the jury.
3. Where the mOrtgagor Is permitted to re-
tain possession of stock OF mortgaged goods
and sell the same in the regular course Of
trade, without any agreement or understand
ing as to what shall be done with the proceeds,
the chattel mortgage Is void as against attach
ing creditors, although 1t is given to secure an
actual existing Indebtedness and is properly
filed for record. But II properly filed for
record, then IL In o contest between the mort
gagee and attaching creditors, there Is con-
fict in the evidence whether the mortgagor
was permitted to retain possession and sell the
stock in the regular course OF trade, without
any understanding as to the proceeds OF the
sales, 1t is error to Instruct the jury that as
matter Of law, before the mortgage can re-
cover, he must satisfy you by preponderance
Of the evidence that he took possession Of the
stock OF goods, after he recorded his mort
gage"
All the justices concurring.
Attest: C. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12

written instrument authorized to be filed for
record in the Office Of the register Of deeds,
has been executed and delivered to the de-
fendant and then subsequently fled for record
by him, a certified copy thereof from the officer
having the legal custody Of the same, under
his official seal, may be given in evidence by
the plaintiff with the same effect as the origi-
nal, because it will be presumed, in the
absence Of other proof that the original is not
in his possession or under his control, but is
in the possession or under the control of the
defendant, who is entitled to the same and to
whom it was delivered.
All the justices COncurring.
A true copy.
Attest: C.J. BROWN,
EsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12

the tax purchaser or his or her representative,
NAV. upon the day fixed for the public sale OF
theforleited land, and after such default has be-
come final, pay so much Of said purchase price
as may remain unpaid, and shall thereupon
tbonDh he had made due settlement thereon.
sup. U. S. rev. stat. 237; sup. U. S. rev. stat.
529. 1S74-l8Sl.
All the justices cOncurring.
Attest G. J. BROWN,
fsEGIi Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12

trial for misdemeanor renders himself unable
to attend the trial by the voluntary use of in
toxicating liquors, and an application is made
for q continuance of the trial upon that
ground, a denial of the same will not be held
to be fatal unless there is clear abuse Of dis
cretion and Held, That under the circum-
stances OF this case there was no abuse of dis
cretion.
5. The evidence examined, and held to be
sufficient to sustain the verdict and judgment
All the justices Concurring.
true copy.
Attest: 81 BROWN.
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
Supreme Court Syllabi
School District No. 46, Lyon County, vs.. Martin
Lund.
Error from Lyon County.
AFFIRMED.
BY THE COURT.
SYLLABUS.

SYLLABUS. BY THE COURT. HORTON Z. J..
l. II one party, without the fault OF the other,
fails to perform his side of the contract In such
a manner as to enable him to sue upon 1t, still,
If the other party has derived benefit from
the part performed, 1t would be unjust to
allow him to retain that without paying any
thing. The law, therefore, generally implies
promise on his part to pay such remunera-
lion as the benefit conferred upon him is rea-
sonably worth, less any damage that may have
been sustained by reason OF the partial non
fulfllment of the contract.
3 Where it Is alleged that plaintiff has sur
fered 5000 damage by being kept out for one
wear of the use OF house being constructed by
\ contractor on account of its non-completion
according 10 the contract between the parties
no actual damage can be allowed, In the
absence OF proof of the use OF the building, or
of some other damage caused by the delay.
B. When the special finding OF facts Is inc0n-
slstent with the general verdict, the former
controls the latter and the courts may give
Judgment accordingly.
All the justices cOncurring.
A true copy. ,Do,r,,
Attest: y. bhOWN1
fsEAL1 Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
N4S.

State of Kansas, ex rel. John 7. Little, AttOr-
ney General, vs. Nathaniel Barnes.
Original Proceedings in Quo Warranto
JUDGMENT FOR DEFENDANT.
SYLLABUS BY THE COURT. JOHNSTON, j &.
l. A city of the first class provided by ordi-
nance that persons chosen as city officers
should before entering upon the duties Of their
office, take and subscribe an oath Of office and
give bonds in specified amounts with two or
more sureties to be approved by the mayor
and council, and the approval endorsed
thereon by the mayor; and 1t was further pro-
yided that the neglect or refusal Of q person
so chosen to qualify by taking the oath and
giving bond for ten days after notice Of his
election or appointment should be deemed
refusal to accept the office. And another pro-
vision required the Justification of sureties
upon such bonds B was elected mayor OF the
city and Immediately upon receiving notice Of
his election took and subscribed the oath OF
office, which was administered by the clerk
and endorsed upon an official bond which was
then presented. The bond was legal In form,
sufficient in amount and as to security, but
the sureties thereon had not justified After
this bond was rendered and received, B was
The advocate and Topeka tribune., 1893-07-12
VIM. B. Grimes Dry Goods Company and Bar
ton Brothers vs.. A. NJ. Mckee.

VIM. B. Grimes Dry Goods Company and Bar
ton Brothers va. A. NJ. Mckee.
Error from Norton County.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON J,
/. A chattel mortgage, not filed for record,
upon personal property not delivered to the
mortgage, Is invalid; but If the mortgage
records the mortgage and takes possession of
the property with the consent Of the mort
gagOr before any other right or lien attaches,
It will cure the lnvalidity and make the mort
gage lien effective as against all general
creditors and those who subsequently acquire
a lien or specific interest in the property.
Cameron, Hull Il Co. vs. Marvin, 26 Kas, 612
2, The evidence examined and held to be
sufficient to sustain the finding and Judgment
of the court.
All the justices cOncurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
AFFIRMED.
SYLLABUS.


SYLLABUS. BY THE COURT. JOHNSTON, j.
1. A defendant appealed to the supreme
court from conviction for the unlawful sale
OF intoxicating liquors, where he obtained a
stay Of the execution Of the Judgment. Before
the appeal was heard the defendant died.
Held, That the death of the defendant did not
abate or destroy the Judgment for costs, and
that upon the substitution of his legal repre-
sentative, the court may review the errors as
signed and determine the regularity and
validity Of the judgment rendered for costs.
State VS.. Fisher, ad'mr., 81 Kas., 404
>. The sufficiency Of affidavits taken before
the county attorney under the provisions OF
the probibitory liquor law and the yeritication
OF the information become immaterial where
the defendant voluntarily gives recognizance
and obtains q discharge from custody.
3. Where the information contains several
counts, and the trial thereon results in con-
viction upon a single count, the defendant can
only be held liable for the costs that arise
upon the trial Of the charge upon which he
was convicted. An objection to the improper
assessment of costs Is not available IN TINS
court unless . motion was made in the district
court to re-tax the same.
4. Where the defendant near the close OF his
The advocate and Topeka tribune., 1893-07-12
Error from Shawnee County.
REVERSED.
JOHNSTON J
BY THE COURT.
SYLLABUS.

SYLLABUS. BLYTHE COURT. JOHNSTON,J
l. Cities OF the first class may regulate the
erection and maintenance of structures used
for advertising purposes and placed upon lots
near the street fine, 80 as to fully protect per-
sons passing along the streets, but such regu-
lations must be reasonable, and an ordinance
providing that mo person shall erect any bill
board or other structure for advertising pur-
poses unless the same is placed at such dis
tance from the line of any street or sidewalk
as shall exceed at least five feet the height of
such billboard or structure" and prescribing
q punishment for violation of this provision,
Is unreasonable and invalid,
3 In general, an owner has the right to erect
such buildings or other structures upon his
property as he pleases, and may put the prem
ises to any use as may suit his pleasure, pro-
viding he does not in doing so annoy, tnjure
or threaten harm to others.
All the justices cOncurring.
A true copy. ..
Attest: G.. J. BROWN,
GsEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-07-12

6512.
N.F. Nederlander VS.. Joseph Starr.
Error from Sedgwick County.
Motion for Re-hearing.
MOTION SUSTAINED,
SYLLABUS. BY THE COURT. HORTON, G. J.
Where, under contract with a land owner
for a commission for the sale of land, the real
estate agent produces to the owner person
ready, willing and able to buy upon the terms
proposed to him, and such land owner then In
forms his agent that "he has changed his
mind and didn't want to trade or close the
trade" and thereupon refuses to make any
trade or sale, the real estate agent Is entitled
to recover from the land owner his commits
sion, the same as If there had been an actual
sale OF the land to the person desiring to pur-
chase the same.
All the justices COncurring.
A true copy.
Attest: y. j. BROWN,
TsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
Error from wyandotte County.

Where q real estate agent contracts with a
land owner for a commission for the sale OF his
land, in order to recover for his services ne
must produce to the owner o purchaser ready,
willing, and able to buy upon the terms pro-
posed but IL the purchaser is only willing TO
make an option contract and prefers under
such contract, as he has right to do, to for
felt q small sum paid upon the execution OF
the contract, rather than to accept the prop
erty, and the contract is thereby annulled, the
real estate agent cannot recover his commits
sion, as II an actual sale had been made or
agreed upon.
All the justices Concurring
Attest: C.J. BROWN,
TsEAL1 Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
AFFIRMED.
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON, J.
The plaintiff sought to recover upon prom
issory note which was set out at length in the
petition and appeared to bear a specified rate
Of interest. The defendants answer was q
general denial, duly verified, and they claimed
at the trial that the note had been altered and
that the provisions therein for interest had
been added to the nOte without consent, since
its execution. Held Under the issues formed,
that the burden was upon the plaintiff to prove
petition, and that under the verified general
denial the defendants were properly permitted
to offer proof of the alteration.
All the justices GOncurring.
A true copy. -
Attest: G. j. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
GAS.
Eby, Dowden & Co. vs.. B. NJ. Winters.
Error from Edwards County.
AFFIRMED.
AFFIRMED.
SYLLABUS.

AFFIRMED.
SYLLABUS. BY THE COURT. HORTON, G.. j..
l. Where a witness does not reside in the
county where the trial OF civil action Is to be
had and his deposition is regularly taken in
the county Of his residence and filed in the
district court OF the proper county, IL Is not q
good objection, when the deposition is offered
to be read, for the opposing party to merely
state "that the witness has been in attendance
upon the court and is at present 1t is believed,
on his way TO the place OF trial.
?. Where there is n controversy between q
plaintiff and defendant over bill Of sale Of
personal property, the plaintiff contending
that he made an absolute sale Of the property
and the defendant claiming that he accepted
the bill OF sale as a chattel mortgage, or
security only, IL is competent TO show by
witness that the defendant has sold the prop
erty, or part thereof as his own, to support
the contention Of the plaintiff.
3 Where 1t Is shown by plaintiff that
The advocate and Topeka tribune., 1893-07-12

The State of Kansas vs.. Hulda Elvin, Admins
tratrlx of the estate of Nels Elvin, deceased.
Appeal from Mcpherson County.
The advocate and Topeka tribune., 1893-07-12
5000
Logan, Rand & Co. VS.. The Board OF Count
Commissioners Of Clark County.

Logan, Rand & Co. VS. The Board Of County
Commissioners OF Clark County.
Error from Clark County.
AFFIRMED.
SYLLABUS. BY THE COURT HORTON, ~.
/. Congress, having full control over the
lands in Kansas known as the Usage trust
and diminished reserve lands, may make them
subject to state taxation upon such conditions
as are deemed proper not In conflict with the
provisions Of the constitution and laws Of the
state.
=. Under the acts OF congress Of August II,
1876, and May 2S, 1850, relating to the Usage
trust and diminished reserve lands in Kansas
such lands are subject to taxation, according
to the laws OF the state, after sale thereof by
the United states to an individual, after the
payment OF the first instalment OF the pur-
chase price. II the original purchaser pays all
the installments Of the purchase price and OBJ
tains his patent, but makes default In the pay
ment OF his taxes, the tax purchaser OF such
land may obtain u tax deed as provided by the
statute, but IL the original purchaser makes
default In any installment OF the purchase
price and also permits the land togo to tax sale,
The advocate and Topeka tribune., 1893-07-12
6749

Lester M, Crawford vs.: the Clty otI9peka' ana
said city.
The advocate and Topeka tribune., 1893-07-12

The J. l. Case Threshing Machine Company,
Corporation, VS.. John Peterson and Peter
Peterson.
Error from Usage County.
The advocate and Topeka tribune., 1893-07-12

Error from Wabaunsee County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON, J
/. An owner Of land, who builds an embank-
ment thereon which obstructs the flow OF sur
face water that falls and accumulates upon his
neighbOrs land, does not become liable for the
injury arising therefrom, unless the passage
way through which it flows is such as to con-
stitute q water course.
q Evidence examined and held to be INSULT
cient to show the obstruction Of water
course.
All the justices concurring.
true copy.
Attest: Z. j. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12

in the possession or under the control OF the
defendant, who is entitled to the same and to
whom it was delivered.
All the justices COncurring.
A true copy.
Attest: T.. j. BROWN,
EsEALl Clerk Supreme Court
676l
J.I Wyer vs. Frederick La ROGUE.
Error from Cloud County.
REVERSED.
SYLLABUS. BY THE COURT. HORTON, C. j..
Where a tax deed shows that different lots
were sold together in o single sale, such tax
deed Is void Such tax deed cannot be cured
by testimony tending to prove that each lot
was sold separately, not In gross. Halls Heirs
vs.. Dodge, Is Kas., N7; Cartwright vs.. McFad-
den, "a Kas., 662.
All the justices COncurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
6751.
The Chicago, Kansas and Nebraska Railway
Company VS.. JOnn ELLIS.
Error from Thomas County,
REVERSED.
SYLLABUS. BY THE COURT. HORTON, c. j..
l. Where the award of commissioners ap-
pointed to assess damages for the right-Of-wsy
Of railroad company, gives to a person in
possession Of the land, part of which is ap-
propriated, and having only a life interest
therein, gross sum for compensation, as the
owner thereof, such person may appeal from
the award and he will not be required to join
with him in his appeal the owner OF the legal
title OF the land
2. Upon the trial of the action upon such an
appeal, the party appealing can only recover
damages for such an interest or estate In the
land as he can establish in himself. If the
railroad company desires the person holding
the legal title Of the land in such case to be
before the court for its protection in any way,
1t is its duty to bring him in.
g. The fact that person having life estate
of the land appeals, cannot tnure to the benefit
Of one holding the legal title, but not appeal
ing
l. In no case can either the husband or wife
testify concerning any communication made
by one to the other during the marriage. Sec.
1913, civil code.
All the justices COncurring.
true copy. ,o,,,,,
Attest: 4. ). BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-07-12
6TO.

J. F. Aigler & Co. VS.. The Carpenter Place Land
Company.
The advocate and Topeka tribune., 1893-07-12

The Chicago, Kansas and Nebraska Railway
Company VS.. Alois Steck.
The advocate and Topeka tribune., 1893-07-12

State of Kansas, ex rel. John T. Little, Attor-
ney General VS.. Nathaniel Barnes.
The advocate and Topeka tribune., 1893-07-12

Error from Norton County.
AFFIRMED.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1893-09-15

The chicken pie supper at Mr.. and
Mrs. r. M. Cowen's last Friday evening
was we'll patronized and about twenty
dollars added to tho Congregational
treasury as tho proceeds therefrom.
Several parties were quite sick that
night and next day, either from eating
too much pie or from some other cause.
Pastor Champlln says that somebody
made a pie and forgot to put ventila-
tor in it, and as a consequence the gas
could not escape from tho pie while
cooking and kind Of poisoned the meat
Judging from our own feelings after
eating the pie we should think that the
PASTORS theory is correct. However,
the pie tasted very nice and the supper
was first.class, We hope next time the
ladies have a chicken pie supper that
they will not forget to put ventilators
in the pies.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1893-09-15

President Cleveland and wife have
been blessed with second daughter
and this is the way the Minneapolis
Journal heralds the fact:
"No prince is she, two girls there be
In the reigning house of Cleveland;
A sister born to Baby Ruth, a win
some girl in very sooth,
This second little Cleveland.
Her fair Ma is O. K. so far,
And likewise so is Grever;
Who, they say, sings all the day
"After the bawl is over"
It is said that Cleveland is str engly
In favor of protecting infant indus
tries.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1893-09-15
Gladstone's home rule bill rece

Gladstone's home rule bill receiv-
ed its death blow in the British
House of Lords last week, and the
grand old statesman's life work is
seemingly ended. 1t is to be regretted
that the English people have not
long ago abolished this expensive
upper branch Of their parliament.
The House of Lords is composed of
'.1len born with a title and a silver
spoon in their mouths, and most OF
them are "snobs" who don't know
what they are voting for any more
than ,Aree months old baby. Half
of them had never been inside the
house of parliament until they ap-
peared to vote against the home rule