davidaulloa/AmericanStories huggingface dataset:
Arizona silver belt., 1894-11-10
ELECTION BULLETINS.
A Sweeping Republican Victory
Budd Elected Governor of
 California,

SAN FRlNC1sco, Nov. s.-Returni from 1904 precincts in q total of 227g precincts in California, give Estee, s6,. 252; Budd, S9,O98 Webster, 3s, 493. Budd's plurality, 2,S4i, Bddds cleo. ton is generally conceded.
 For Mayor of San Francisco, as far as counted, sutro tPop) has plurali ty of 1000 and is undoubtedly elected.
 California-Justice Temple Dem. elected for the long term. All the rest of State ticket is Republican. Magnire (Dem. reelected to Congress from 4th district. All other Congressmen elected are Republicans. State Legis- lature is Republican by large majority.
 Throughout the United States Re, publicans have made B clean sweep, with plurali.ies greater than known since war times; and they will un. doubtedly control Congress and pDssi. ply the Senate.
 MISSOURI IS REPuBLIcAy
 JEFFERSON CITY, Mo, Nov. 7.-Goy, Stone comedies legislature to the Re, pubiicans. Bland is defeated for Con. gress.
 LATER Missouri elects 10 Republi. can Congressman. Legislature, how, ever, is Democratic. Bland's defeat is conceded
 LOUISIANA SoLIDIY DEMOCRATIC.
 WAsHNeroN, D. C.-Senator Blanch, ard telegraphs Louisiana elects all Democratic Congressmen.
 LArER.-In Louisiana the sugar planting districts will contest the cleo, ton of three Congressman.
 VIRGINIA.
 RICHMOND, Va.-Swanson, (Dem returned to Congress by reduced ma iority. Democrats lost heavily. SOUTH CAROLINA Jo1Ns THE PROCESSION.
 WAsHNGToN, D. CA complete Republican victory in South Carolina the judicial ticket elected by 40, ,O0O. A number of contests will be made be fore the canvassing boards by che Dem. ocrats,
 In North Carolina also, Republicans claim both branches of State Legisla- ture and four Congressmen, but there will be many contests before the can yassing boards.
 CospLExIoE OF NEXT CONGRESS.
 WASHINGTON, D. G. ChairmanlFaulk ner, of the Democratic Congressiona Committee, estimates the next House will have 200 Republicans, 142 Demo crats, 6 Populists, and s doubtful The Chairman of the Republican Con gressional Committee estimates Repub licans will have 255 members in nex House. Another estimate puts the Re publican majority at more than 100
 WAsHIEGFoN, D. C.--The loss O Kansas, New Jersey and Sonth Caro- lima reduces the Democratic total ir the Senate from A to A. The pres ent Republican strength in the Senate of 3S promises to be increased by Sen ators from New Jersey, Kansas, Mon tana, Washington and Wyoming, anc their strength in the next Senate raised to 42 or 43. The Populist Senatori will probably hold the balance O power
 TENNESSEE.
 NAsHvILLE. - Official returns show that Democrats will have control O legislature which insures the electior of Democratic Senator.
 Co1oRADo REPUBLICAN,
 DENVER -Goy. Waite comedies tht defeat of his party. He says ''Tc my mind it proves eonolusively tha the money power dominated this cleo tion from the beginning to the end and the Democratic party Is most re sppnabls, from the fact that they voted
Arizona silver belt., 1894-11-10

In just 24 hours }. v. g. relieves constipation and sick headaches After it geis the system under control an occasional dose prevents return Wereter, by permission, to W, II. Marshall, ,Bruns
 wick House, 8. Geo A. Werner, 63l California st s. F ars C. Melvin. l3s Kearny st F., and many others who have found Ieliei from constipation and sick headaches. c. W. Vincent, of6 Terrence Court, S. F. writes: 'I am 6oyears o4 sgeand havo been troubled with constipation for D years Twas recently induced to try Joy E Vegetable sarsaparllla. recognized m It st once an herb that the MeRieans used to give us fa the early 50s for bowel troubles q came to California in 1s3o ) and knew 1t would help me and nhGs Forthefrst time n years can sleep wen and my system IS regular and in splendid condition. Theold Mexican herbs in thIsremedy are g certain cure n constipation and bowel
Arizona silver belt., 1894-11-10
Supervisors Sale.

NOTICE IS HERERf GIVEN THAT BY yIR- " tue and authority os An Act of tho Legislative As somby of tho Territory Of Arizona approved March l0 iss the Board of Supervisors Of Cha County. Arizona will sell private sale the following described real es tate situate within said Glla County held by the Te tory by Tax Deed, for the taxes for the year ls92 Cline. John L-The \. E. ! and the N " of the B. W of Section B and the N E. of the N " Section g. Township 2, rlsnae ti fSo acres and the S E of the s v, of the 8 E. Section IT, and the N F | of the x. W. l, \. ". of the \. F Section %, Town ship Range H. ls0 aeres taxes costs penalties and interest. s3ls4s unpaid charges Of Collector and Re corder s765
 Nebhem, Jossph--Ranch adjoining c, T Peters. pat sDLsd land 60 acros taxes costs penalties and interest sl754 unpaid charges of Collector and Recorder s76s together with interest the rate of ten per cent per anntim from the date of sale to the Territory
 Globe Arizona, September sib, isgi
 CHAs T MARTIN, Clerk of the Board of Supervisors, Cils County, A. T sept 2tn
Arizona silver belt., 1894-11-10
Proclamation of Reward.
TERRITORY or ARIZONA. EXECUTIVE DEPARTMENT.

TERRITORY or ARIZONA
 EXECUTIVE DEPARTMENT ] To whom 1t may concern
 WHEREAs, by An Act of the Seventeenth Legislative Assembly, approved February Eth, ls0S the Governor of this Territory Is authorized to offer reward of Five Thousand Doai for the capture. dead alive of the Apache renegass. outlaw and murderer known and designated as the ''Kid"
 Nov, therefore, I. Louis c Hughes, Governor of the Territory of Azone by virtue of the power and autho- rty in vested in order carry out the purposes of said Act, do hereby offer reward of Five Thonsand Dosrs for the capture, dead or alive Of the above named Apache Indian said reward be paid upon sat isfactory proof being filed with the proper authorities that the said Indian has been aptured or Killed In witness whereof have hereunto set my hand and caused the Great Seal of the Territory to be affixed. Done at Phoonlx the Capital ts Seventeenth day of February, A. |. fs9f
 lseal By the Governor l. c. HUGHES. eHAs BRucE, Secretary of the Territory
Arizona silver belt., 1894-11-10
NticHIaAN.
PENNSYLVANIA.

Returns continue to show Republi- can gains throughout the State Forty six counties out of 67 in Pennsylvania, not including Philadelphia, show an estimated Republican gain of 49,958 over 1892.
Arizona silver belt., 1894-11-10

Indications are that the Republicans elect State ticket by at least 20, GOO and elect Congressmen in the 7th, 10th, l1th, and, probably, 9th and 18th dis tricts.
The advocate., 1894-06-13

real and personal: and settlement was made
with the other heir upon substantially the
same basis. AfterwaTds and for aperiod Of ten
wears, the parties treated the settlement as
effective and binding, and d. held possession
Of the land and made extensive and valuable
Improvements thereon. with che knowledge Of
the other heirs, and without objection or pro-
daughter claiming q share in the land. Held,
That her declarations and acts, as well as
those of the other heirs, constitute an equit-
able estoppel which precludes the reOpening
of the settlement or the assertion by them OF
any interest or right In the land.
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-06-13

8 The bank OF H. ~ the agent Of plaintiff,
sent Q check drawn by the defendant on che
bank OF r. distant about flRty.f miles, 10 she
bank Of r, by mail, with the request ehAt 1t
remit the amount In Kansas City exchange
The check was received by the bank OF r. on
the evening OF December IA The bank Of r.
continued to do busin0ss during oil OF she fol-
lowing day, receiving deposits and paying
checks. On the evening OF that day after
business hours, is deposited letter enclosing
the check with tho statement, ~No funds in
bank" addressed to the bank In Il. which
was received by the bank OF II. on che
evening Of the next day. The defendant had
more than funds enough on deposit TO pay the
check. The bank did not open for business
thereafter, and has never paid anything TO
either party, Held, That the loss must fall on
the plAlntlf.
All the justices concurring.
true copy.
Attest: @. ]. BROWN,
tsRALl Clerk Supreme CouRS
The advocate., 1894-06-13

OIlBAnAA PIUCeouAnBs IN 4uO WhEAhh0~
MOTION TO STRIKE OUT PARTS OF PETI-
TI0N-PART SUSTAINED AND PART
0VERRULED.
sYLLABua BY THE CoURT. ALLRN,J
l. That part OF section 2, OF article 5, OF the
constitution Of this state as amended In 1857,
which reads, ~NO person who has ever volun-
tarily borne arms against the government OF
the United States, or In any manner volun-
tarlly aided or abetted. In the attempted over
throw OF said government, except all persons
who have been honorAbly discharged from
the military service OF the United States since
the fFat day Of April, A. D., 1851, Provided,
That they have served one year or more there
In, shall be qualified TO vote or hold Office In
this state until such disability shall be Fe-
moved by law passed by vote Of two-thiras
OF ell the members Of both branches OF the
Legislature" does not conflict with section 10,
States and 10 q valid constitutional provision.
3 Where the election officers OF township
were furnished by the county clerk with on
clal ballots printed on white paper, and also
with sample ballots printed on colored paper,
In q separate package, and where by mistake
the sample ballots were used by all the voters
OF that township, and the official ballots on
white paper were all returned unused by the
judges or election, and the election in such
township was conducted regularly In every
other respect, and the ballots used by the
electors Of all political parties were Of the
same color; Held, That such ballots were
rightly counted.
All the justices concurr1ng.
Attest: C.J. BROWN,
IsEAL Clerk Supreme Court
The advocate., 1894-06-13

OF their contract with him, renders immA-
terial departure from some OF the conditions
az Che Contract, and authorizes recovery Of
the compensation for such services.
8 Stewart VS.. Fowler, 81 kas., 6T7, dlstln-
Ruished and limited.
All the justices concurring.
A true copy.
Attest. Y. }. BROMN,
TsRALI Clerk Supreme Court
The advocate., 1894-06-13
9544.
A. D. Rathburn vs.. H. H. Hamilton.


Original Proceedings in Quo Wsrrsnto.
DEMURRER TO ANSWER OvERRULED.
SYLLABUS. Blythe COURT. JoHNsToN.J.
/. Where political party assembled in CON.
vention places in nomination candidate for
q county office, and the president and secre-
tary OF such convention executes and Ver1tes
q proper nomination certificate, which Ia pre-
sented to the county clerk In due time to be
filed, and Is left with him for that purpose, 1t
will be deemed to be filed within the meaning
Of the Australian ballot law, although no In
dorsement Of filing is written thereon, and Al'
though it is AfterWard mislaid or lost through
the inadvertence or negligence Of such otlcer.
q Where a nomination certificate is found
to be insufficient or imperative, the defect
may be corrected by the political party or per-
sons making the original nomination, or by
the executive or central committee OF such
party or persons, in the manner pointed out
by section 9 Of that law, OF any time before
election day.
All the justices cOncurr1ng.
A true copy
Attest: y. J BROWN,
IREAL1 Clerk Supreme Court
The advocate., 1894-06-13

years after such answers were hled. this ac-
tiOn was commenced; Held, That being an
ACslOn on liability created by statute, lt was
barred by the statute Of limitations.
All the judges Concurrtng.
A true copy.
Attest: Y. y. BKOMN,
IsRAL1 Clerk Supreme CouPS
The advocate., 1894-06-13
William T. Richards Vs. D. A. Baldrldge.
Error from Reno County.

Error from Reno County.
AFFIRMED.
SYLLABUS. BY THE COURT. ALLEN.J
1. A Judgment or order made by q district
court may for good cause afterWard, at the
same term, be set aside, and whore an order OF
dismissal has been entered, but is afterwards
at the same term In effect set aside, and the
cause continued for further hearing, the
court does not thereby lose jurisdiction OF the
parties.
In an action to set aside several instru-
ments affecting the title to real estate, and TO
recover an interest in the lands, where the
court upon hearing denies the plaintiff the
relief asked, but grants him the right TO file
an amended petition, and proceed to an &C
counting between the plaintiff and the de-
PENDANTS as to the rights OF the parties with
respect to purchase money due plaintiff under
the view Of the court that the conveyances
should be upheld, an announcement by the
court at the first hearing that 1t declines TO
set aside the various written instruments
affecting the title to tht property does not
amount 10 an adjudication which Will prevent
the court on o final hearing from awarding
the plaintiff the amount due him from one Of
the defendants, and making the same q hrst
lien on the lands in controversy % against all
the other defendants deriving title through
him.
ALI the justices cOncurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-06-13

7l62
william ClaAin vs. A. II. Case.
Error from Shawnee County.
AFFIRMED.
SYLLABUA BY TIE COURT ALLEN, ]
Where vacant land adapted to occupancy
and cultivation is conveyed with covenants
COntinNed on page 70.
The advocate., 1894-06-13
REVERSED.
SYLLABUS.
BY THE COURT. JOHNsI

1. In controversy over the right to bank
deposit, where 1t is denied that the depositor
was the owner Of the fund and entitled to
draw the same from the bank, 1t may be shown
that the ownership Of the deposit Is in another,
and that . payment to him releases the bank
from liability.
q In an action upon certificate Of deposit
Is not in the possession of the plaintiff, and
where ownership Is alleged by the plaintiff, an
unverified answer denying that plaintiff tg the
owner and holder of the certificate and alleg-
ing that another was the owner and had
drawn the same from the bank with authority
presents an issue for trial which precludes
the sustaining Of motion for Judgment upon
the plesdings without proof
All the justices coneurring.
A true copy.
Attest: q. j. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-06-13

John L. Bell vs. Frank SternbeFg.
Error from Ellsworth County.
AFFIRMED.
sYLLABUs. Blythe COURT. ALLEN ].
A vendor Of real estate who has executed .
title bond agreeing TO convey lAnd' which Is
subject to mortgage, for the payment OF
which o third party 10 primarily liable, OF
which the Vendee has notice, and which Is not
due for more than year after the time when
a deed Is due under the contract, being sued
by the vendee TO recover che purchase money
paid viii be allowed to perfect his title with
In reasonable time, and having acted with
due diligence, so perfected IL, and rendered
proper conveyance thereof, even after suit
brought out before trial, and no special dam
age having resulted TO the Vendee, Is entitled
70 . judgment.
All the justices concurring
A true copy. r,,o,,,,,
Attest: Y. }. BROWN
TsBALl Clerk Supreme Court
The advocate., 1894-06-13
AFFIRMED.
ALLRE.J
SYLLABUS
BY THE COURT.

1. This action was brought by the plaintiff
to recover trust funds wrOngfully mingled by
Il, deceased banker, with his own funds. H.,
administrator OF Ls. estate, Hayes former
administrator, and Lords widow were Joined
as deiendAnts; Held, That NO error was com
mitted In oveFruling the motion of II. TO strike
out all allegations with reference 60 the other
defendants. Also, Held, That q demurrer on
the ground that there was o defect OF parties
defendant was properly OVerruled.
a. In such an action IL Is not necessary ehse
all creditors and other persons who may bo
interested In the estate be brought In as de-
fendants.
8 The case Of Myers w. The Board OF Edu-
cation, 81 KRs. 81, followed and approved.
4. A trust fund wrOngfully mingled by
trustee with his other funds and property,
and retained by him, may be followed and re-
claimed from the administrator OF his estate,
and paragraph 1884 Of the general statutes OF
1889, providing for the classification OF do.
ma nds against the estates OF deceased per-
sons has no application, because such trust
funds constitute In equity no part Of his es-
tate.
5. In an equitable action to recover as q
trust fund moneys received from bonds sold
by i, Rs plaintiffs agent where IL appears
that more bonds were sold than the plaintiff
authorized the sale Of, and that that the
agent kept and used q part OF the proceeds;
Held, That the allowance by the court In
favor OF Ds. administrator OF compensation
for the sale OF the bonds authorized TO be sold
win not be reversed % erroneous.
All the justices concurHing.
A true copy.
Attest: Q. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-06-13
SYLLABUS.

Section 60, Of chapter 10, OF the general stat
utes OF 1889, confeFs on the council OF city OF
the second class the right TO provide for and
regulate the lighting Of the streets, and under
said section the mayor and council have the
power to purchase an electric plant for light
ing the streets. That clause in the section
which authorizes them to make contracts
with any person, company or association for
such purpose does not restrict them TO supply
ing light by such contract, but they may In
their discretion provide lights for the streets
and public places, In such manner Ss they
deem best, Provided, They do not exceed their
powers in incurring obligations or leVying
taxes.
All the justices cOncurring.
A true copy. ,,
Attest: q. j. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-06-13
7145

Fl. E. Shafer and ]. c. Youngman vs.. The First
National Bank Of Russell, Kas.
Error from Russell County.
MODIFIED.
SYLLABUS. BY THE COURT. JOHNSTON.
/. Where national bank makes loan and
knowingly charges and receives greater rate
OF interest than Is allowed by she laws OF the
state where the bank is located, up till the
maturity Of the note, after which time 1t was
agreed that the note should bear interest at q
rate which was lawful, the receipt OF the
usuriOus rate will work forfeiture OF the en-
tire interest which the note carries with IL, In
cluding that which acCrues after the maturity
thereof
q A Judgment rendered upon such debt
viii bear interest from the time Of its rendi-
tion at the rate Of per cent per &nnum.
All the justices concurring.
A true copy.
Attest: Q. ]. BROWN,
SEAL Clerk supreme Court
The advocate., 1894-06-13

R. J. nArdesty va. GeOrgo B. Coz.

RI HArdesty vs.. George b. Cox.
Error from Ford County.
REVERSED.
SYLLABUS BY THE COURT. ALLEN. J
Where the members Of q partnership submit
TO arbitration all matters connected with the
winding up OF their business each giving
Bureties for the performance OF his part OF the
award, and thereafter the arbltrAtors duly
award and determine that the members OF the
Arm for whom the defendant Is surety, shall
pay note Of the firm, which the plaintiff, as
their surety, had been compelled 10 pay;
Hetd That plaintiff can recover from the
surety the amount of the note.
All the justices concurring.
A true copy.
Attest: @. J. BROWN,
lsEAL Clerk Supreme Court
The advocate., 1894-06-13
Error from Clay County.
AFFIRMED.
BY THE COURT.
SYLLABUS.

L. died, leaving three children aS his only
heirs. Several years before, under o parol
agreement, his SON, D., left q profitable posi-
ton in another state and joined the father In
the purchase Of farm, the son, D., contribut-
ing the greater part Of the consideration. 1t
was stipulated that d. should provide the
father and mother . home. with suitable food
and clothing, and care for them during their
lives. in consideration Of which the entire In
terest in the land should then become the
property Of d. The mother died soon after
wards, and the provisions Of the agreement
were substantially complied with by D. prior
TO the fathers death, and when his mind was
not sound, he conveyed his interest in the
land to D. The agreement between the father
and ID. was known to the other children. After
the fathers death daughter claimed q share
OF the land, and q dispute arose to the proper
division OF the estate. A compromise was Of
fected, bY which d. agreed to pay her much
more than her share Of the personal estate,
when she deliberately made q writing
acknowledging the payment made TO be her
share OF her deceased fathers property, both
The advocate., 1894-06-13
9425


T.. Eiehholtz, Rufus Thrall and the Missouri,
Kansas & Texas Railway Company vs. D. II.
Martin, as County Clerk Of Labette County,
Kas., OF. al.
Error from LAbette County.
AFFIRMED.
SYLLABUS. BY THE COURT. JoHNsTON,J J
Chapter 14O Of the laws of 1898, "An act to es-
tablish o county high school in LAbette
county, Kansas" does not contravene section
II of article Of the constitution, which pro-
Vides that laws Of q general nature shall have
o uniform operation throughout the state, and
that no special laws shall be enacted where q
general law can be made applicable; nor is II
In conflict with section OF article 6, which
authorizes the legislature to establish uni
form system Of common schools and schools
Of higher grade.
All the justices concurring.
A true copy.
Attest: G. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-06-13
SYLLABUS.

l. The payee Of check who fails to make
pPesentment within reasonable time,
assumes the risk Of loss oceAsioned by the In
solvOncy Of the drawee occurring in the mean
time.
q II is negligence in the holder Of . check
to send it directly to the drsWee, residing in
distant place, for payment, and the holder
adopting such course.
The advocate., 1894-06-13

The State Of Kansas OK. rel. w. II. Means
County Attorney, vs. The City OF HiAwAtha
and General Electric Company.
The advocate., 1894-06-13
7152

The Wichita National Bank vs. Geo. Fl. Maltby,
Administrator of the Estate Of Charles War"
rem, Deceased.
Error from sedgwick County.
The advocate., 1894-06-13
Error from Miami County
SYLLABUS.

l. An attempted condemnation Of land for
the right Of way Of q railroad without giving
the notice provided by paragraph 1895 OF the
general statutes Of 1889 Is void.
q A railroad company organized under the
laws Of neighboring state, which is In pos
der the laws of Kansas, Of o railroad con-
structed across plaintiffs land over which q
right Of way has never been purchased, nor
condemned, claiming ownership thereof, is
OF the land taken and the damages to the bal
ance of the tract, and the plaintiff may recover
against both railroad companies, as for per-
manent taking and appropriation OF such
right Of way.
All the justices concurring
A true copy. ,,,,,
Attest Z. j. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-06-13

NOTION TO STRIKE OUT PARTS OF PETI-
TI0N PART SUSTAINED AND PART
oVERRULED.
The advocate., 1894-06-13
SYLLABUS

The plaintiff recovered judgment against one
D. on the 18th Of February, 1874 After the re-
turn OF an execution thereon unsatished, On
order was in December Of the same year duly
served on the defendants In this case requir-
ing them to answer 90 gArnishOos. They an.
SWered, denying liability. More than three
The advocate., 1894-06-13

David Hubbard, Administrator OF the Estate
of George b. Lord, Deceased, w. The Alamo
Irrigating and Manufacturing Company.
The advocate., 1894-06-13
The City OF Argentine VS.. G. Fl. simmons,
OF al.
Error from Wyandotte County.
AFFIRMED.

SYLLABUS BY THE COURT. ALLEN,
The grade Of Second street In the city Of
Argentine was duly established by ordinance.
Three.fourths Of the owners Of property front
ing on the street thereafter petitloned for the
grading OF the street. An ordinance provid.
ing tor plans, specifications, estimates, and
the letting Of the contract for such grading
was thereupon passed, and o contract there
for afterwards duly let After such letting
another ordinance was passed materially
changing the grade Of the street. There was
no new plan, estimate, contract or ordinance
relating to such work, but the grading was
done in accordance with the grade last estab-
lished, and the city council After its compile
tion passed an ordinance assessing the cost
against the abutting lots; Held, That such
assessment Is invalid.
All the justices concurring.
A true copy.
Attest: C.J. BROWN,
SEAL Clerk Supreme Court