davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

SYLLABUS BY THE COURT JOHNSTON. J.
The board Of railroad commissioners made a
finding and decision reducing rates of freight
upon car load lots Of sugar, coffee. beans ana
canned goods. making them considerably less
than the rates upon the same commodities
when shipped IN less IMAM carload lols- a
shipper. whose business mostly required the
use Of the rates fixed for less than car loads
and who claimed that the proposed rates
would operate TO his injury and to the benefit
Of other shippers who would use the carload
rates. brought an action against the board TO
enjoin il from prom ulgatlng ana putting In
force the schedule OF rates. contenQl18s
not that they were unreasonabAy low OF unfe-
muneratiVe to the carrier. but that the en-
forcement of them, without making a reduc-
fion of the rates for the shipment OF smaller
quantities a discrimination against him
which should be enjolned- He'd, That the
plaintiff had no such interest az entitled hlm
TO euiofn the board from putting in force its
finding and decision. and that he was not en-
titled to the relief demanded
All the justices c0ncurrlng
A true copy -
4ttesr. g. J. BROWN.
FsFAT1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

SYLLABUS. By THE COURT. HORTON. c. j
Where 3 jury are correctly instructed by the
trial court upon all the lazy questions involved
i'm the case. and the court in addition gives a
slightly contradictory instruction whic b
clearly appears from the special findings OF the
Jury not to have misled them. such add
ti0nal instruction VIII not. under the circum-
stances. entitIe the defeat I'd party to new
trial.
All the justices cOncurring.
A true copy
Attest. c. BROWN,
fsEAL7 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10
9321
IN re H. W. Lewis
Original proceeding in habeas corpus
PETITIONER REMANDED.


SYLLABUS. By THE COURT JOHNSTON. J.
T. Under the fifth subdivision Of section 254
Of the civil code a receiver may be appointed
the suit of a stOckhOIder where the business
and affairs of a corporation have been so mis-
managed that IL has become lnsulVent, and
where 1T is made to appear that all the officers
and directors of the same have cOnsplred to-
gether to divert its business to another com
pany. disslpate its funds, and fraudu1entiy
absorb and apply its assets to the individual
benefit of such officers.
q In such case the property and assets Of
the corporation may be placed in the hands Of
receiver to be preserved and rightfully ap-
piled under the supervision Of the court, and
1T may be restored to the officers when there
has been change Of management or when II
is deemed by the court to be prudent and safe
to restore the property and affairs of the cor
pOration to its duly constituted officers
All the justices concurrlng-
true copy
Attest. G. J. BROWN
lsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

Joseph 4. Sheldon and Idzze S. sheldon vs.
simon Pruessner. Lewis III. AOtter, Henry s..
pruessner and Lizzie Pruessner-
ErrOr from the Circuit Court Of Shawnee
County
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

6s41
Benjamin +. Horne SIS. Hegwer salt and Lum.
ber Company
Error from Reno county.
REVERSED.
SYLLABUS By THE COURT. ALLEN. ].
Where there is any evidence fairly sustain
ing all the facts necessary TO q recovery o. de-
murrer to the evidence ought not TO be sus-
Horton, c. J.. and Johnston, J., coneurring
specially
A true copy.
Attest &. J. BROWN
FsEALl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

been made and another probate judge had sue
cecded 20 the Office - was discovered THAT mo
entry had been made Of the order Upon mo-
ton Q 1unc pro tznc order was made authori1-
leg the entry of the allowance and order for
payment which had been made by the former
probate judge. Held That there was power in
the court 70 correct the records SD that they
should speak the truth
2 The evidence examined and found to be
sufficient 70 sustain the finding ana judgment
of the court
All the justices cOncurring
true copy
Attest. e. ,. BROWN,
lsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

l. The claim Of a creditor against an estate
was duly allowed and ordered to be paid by
the probate court but the probate judge neg
lected to make a complete entry OF the allow
auce and order Of Payment after payment had
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

The Union Terminal Railroad Company vs..
the Board of Railroad Commissioners of the
State Of Kansas
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10


The Board Of County Commissioners OF the
County of Graham vs.. 3. Van slyck, Jerome
Shoup and william Wells.
Error from Graham County
AFFIRMED.
SYLLABUS BY THE COURT JOHNSTON, ,.
l. Under the general statute relating to fees
and salaries county clerks are entitled to no
more conn ensatiOn than the salaries fixed by
law and an fees received by them for 9iicial
services should be accounted for and deducted
from each quarterly allowance Of salary
2 a cause OF action for fees NOT accounted
for and wTongfully retained by such officer
accrues at the end of each quarter when the
allowance of salary is made
An action upon the official bond OF Q
county clerk to recover for fees received and
mot accounted for was commenced more than
four years after the last allowance of salary
was made to him by the board Of county com
missioners. Held, That the action was barred
by the three year statute OF limitations. civil
code, sec Is, subdiv- . Ryus Y. Gruble, y kas
767-
All the justices cOncurring.
A true copy
Attest: @. j. BROWN
lsEALl Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

G. J. BROWN,
Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

698Z
The First National Bank OF Cobleskil. New
York. VS. David Emmitt
Error from Saline County.
REVERSED.


4. The plaintin. being In possession Of 2 me-
goEabte note, properly Endorsed. it VIII be
presumed that he owns and acquired the note
IN good faith. for full value in the usual course
of business before maturity without not1ce
OF any circBus lance that would npeach its
validity and where the defendant who IS the
maker of the note, claims that the plaintih
does not so hold it. it devOlves upon him 20
prove his claim.
2 The evidence examined and held to be
insufficient to sustain the finding that the
holder was not an innocent purchaser Of the
note in suit
All the justices cOncurring-
a true copy
Attest C. J. BROWN.
IsEALl Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

@. ]. BROWN,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10
Amanda Jenkins VS.. James g. Henry.
Error from Graham County.
AFFIRMED.


SYLLABUS. BY IHE COURT, htLaef. ].
J. owned q quarter section Of land which hc
occupied as q homestead with some OF bis chill
dren for number OF years. flalutlH was nl e
wife. After all Of his children had left tha
ann, and then abandoned his Homestead. flalu-
tiff who had never before been tu Kansas soon
after Joined her husband. and after BIS death
took possession Of the land, ana brought tnia
suit I'd set aside the deed. Tho rriaI court
made d general finding for che defendant and
rendered judgment thereon iu hia favor. This
Judgment is upheld.
All the justices cOncurriuE.
a true copy.
Attest. %. 81 BROWN.
lsEAL3 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

Martin Brooks and James Brooks. heirs Of Cal
via X Brooks, deceased VS.. Silas n. Brooks,
administrator of the estate of Calvin
Brooks deceased
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10
02l1



on she trial 81 prosecution for Che unIaw.
ful sale Of Intoxicating liquor under general
Charge where the prosecution offers tesIl-
mcuy to prove two distinct sales, and ad lhe
close of the plaintins testimony, - required rc
elect on which sale III wiz rely I'D ~ error Tor
the court after the conclusion ui the defend
ants testimony 10 set aside the election nuu
instruct the jury that they have only tQ c4 u-
slider the evidence as TO the other sale, ou
which plaintim had not elected to rely.
All the justices cOncurrinH.
A true copy
Attest. Cal. BRoMNs
SEAL Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

IT THE SUPREME CoUnr
OF THE STATE on hAH6aa-l
IL x. :. Brown. clerk on tbe supreme court ~
the state OF Kansas. do hereby certify that the
foregoing are true and correct copies 81 the
svllhbl OF the decislona ln the above entitled
cases as the same appear ON file in my office
Witness my hand and the seal oi The supreme
court. this sta day of january
1894.
lsEALl q. j. brown
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

Board Dr. Education or the city of Caldwell We.
Ezra Spencer, County Treasurer, and others-
Original Proceeding in Mandamua.
Motion to Qua=h Writ Sustained
SYLLABUS by THH CouRT ALrEh. 7.
Where 1t appears from the alternative Writ
Of mandamus, that long and cumpiAeatea
accounting must precede final disposition II
the case. the court win not attempt Dy man-
damua TO determine the rights of thc parties.
All che justices concurriug
a true copy
Attest. d. y. BROWN.
faEAL1 ClerE supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10
~ b. Thompson. et al. VS. Michael Nieslsy
ct all

Written securities eNtorteo 10y means az
threats "a prosecution Tor criminal offences cN
which the party threatened was guilty Lu fact.
but which were IN no manner connected wish
the demand iof WHICH compensation was
ing Them not only i'm the hands Of the original
payee, but OF his ass1guoea having notice ut
taken
AN the justices concurring
true copy.
Attest. D.. 3. BHoWN.
fsEAL CLERK supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10
Mary a. Yount. Adminisiratrl1 OF George W.
Aount, Deceased NJ. Walter pennine. et sA

D. D BROWN
Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10
school District. no. s. of JEFFERSON County vs
J. NJ. Gibbs. IS county olerE. and olnerl-

a school district cannot by injunction re-
strain the collection OF taxes ou lands reHu=
larly detached from its territory ana
inclnded 10 a newly formed school district
nor restrain the school district officers pf SUCH
newly created district from acting ns suchs
nor control the action of the county suterIus
tendent ia the discharge Of his official duties
In relation thereto.
All the justices concurring.
"A true copy.
Attest. C 81 BROWN.
FsEAI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

FL r. Newberry and Charles p. Noeu vs. The
Arkansas, Kansas & Colorado Railway Com
pauy-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10
W.
Newton Kreamer and David + Matter rs
Sarah kreamer-
Error from Jewell County.
AFFIRMED.
81 ~. ~ LII lnr-n- Ir.--.-s.r-.

=
Where an executor wh is a resi- duary 1egatee
executes 8 bond to pay al the debts and
legacies Of the testator, he and the sureties
become absolutely liable TO the extent of the
penalty Of the bond for AN debts ana legaeies
regardless Of the amount or value Of the assets
of the estate and where specific legacy is
not paid when dues the legatee may, without
Obtaining an order of allowance By the pro-
base court and upon demand and refusal OF
payment, maintain an action for the recovery
Of such legacy against the obl1gors of the
bond
All the justices concurring
a true copy.
Attest g. j. BROWN
1sEAL1 Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-01-10

The Board Of County Commissioners OF the
County of Graham vs.. 3. Van slyck, Jerome
Shoup and William Wells.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
IN YOUNG MEMS BEHALF.
THE Y. VI. G. A. DIRECTORS IN BUsI
NESS SESSION.
sailors Home Discussed-Greeley May
Come MIR. Corbet Voted IA Months
Vacation.

The regular monthly meeting of the
y. NJ. C. A. was held Thursday evening
For some time the association had been
considering the matter of supplying u
man for the new Sailors Home. The
association has been trying to i'll
duce Rev. Mr.. Greeley of New York to
come here and enter the sailors work
espondence had been going on he.
tween the Y. NJ. G. A. and the Seaman's
Union in New York with regard to the
matter The Union expresses willing
ness that the Y. NJ. G.. A. participate in
the work, but the Union requires that
vision. 1t was decided to defer the
matter until the association could ascer.
tain the amount of money procurable.
Mr.. Corbet, the secretary, was voted
vacation of thirty days.
The term of office of the trustees of
the institution has been changed from
six years to three classes of one, two and
three years each.
The following were elected trustees
by unanimous vote b. +. Dillingham;,
for one year; c. +. Cooke, for two
years, and p. G. Jones, for three years.
Reports from the secretary, treasurer
! and committees were presented and APP
proved.
The report OF the Devotional Commit
tee for June shows that twenty-.hrec
meetings were held, with an attendance
OF $50 persons.
Secretary Corbet reported, among
other things, that during June the
rooms OF the Y. NJ. c. A. had been reno
waited and rematted, and the hall up
stairs had been retinted. He also re-
ported thirteen applications for work
and that two of these had been supplied
situations.
The following names were proposed
and elected members OF the Association
Joseph Woodward, A. Akau, Fredericl
Lee and George A. Slade.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
CuLLINGs FROM THE COURTS.
The Soap Works Case demanded to the
Circuit Court.

Circuit Court.
A decision in the case of T. w. Raw
Inns VS.. the Honolulu Soap Works Com
pany was rendered Thursday morning.
The Court overrules the pleas and the
demurrer to the replication Of the de-
PENDANT Company and remand the case
to the Circuit Court of the First Circuit
for further proceedings.
In the case of ]. T. Baker, of Hilo VS..
Joseph Nawahi, bankruptcy, proceed
ing to recover on a note for Sl398,
petitioning creditor discontinues, the
cause having been settled out of Court.
Master Lucas held an examination
Thursday morning into the accounts in
dispute in the case of Kaanio VS.. Kaiai-
Xxi, equity suit for accounting.
The trustees under the will of II. A.
p. Carter, deceased have filed their
annual account.
The account of E. o. White. admins
TRAITOR of the estate of jonathan Austin,
was filed this morning.
Ii. Focke and NJ. E. Guy, executor
and executrix and trustees of James
Guy, deceased, have filed their first
annual account.
Third and final account of s. A.
Carter, guardian of Cordelia J. Carter,
has been filed with petition for allow
ance and final discharge.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
HARRIsoN's VIEWS.
Comment of the Ex-i'resident on thu
Death of CurnOt.

Comment of the Ex-Iresident on tho
Death of Curnot.
INDIANAPOLIS, June 26.-Ex-Presiden
Harrison talked further yesterday abouy
the assassination of President Carnot,
saving that the act was due to an in
famed and revengeful mind. "The re-
latiors between the Government OF
which Carnot was the head and this
Government" he said, "were always
characterized by great courtesy and
kindness. His treatment of our repre-
sentatives was in the highest degree cor
dial.
Il have heard Whitelaw Reid and
others who have been in Paris speak Of
him, and always in terms of the highest
commentator. Such tragedy as
this is an admonition to us that every.
body should unite in insisting on the
observance of the law in everything
small OF great. We often say of this OF
that occurrence: 1T is an awful crime
and deserves a linching.' If saloon ii
blown up by dynamite we hear the com
ment that it was nuisance anyhow
The only thing to do is for every one tC
draw straight line; for every one t.
say that evils shall be corrected by law
full methods; that no man, no class o
men, shall take it into their heads t,
remedy their wrongs, whatever the.
NAV be-"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
TILE CHINESE MISSION.
CLOSING EXERCISES AT THE y. NJ.
{. 4. BRANCH.
Credltable Exhibition of Work In de-
partments-Outing and Picnic at
Punnhou To-day,

A large audience attended the closing
exhibition of Mr. f. w. Damon's Chi.
nese school at the Chinese Y. NJ. c. A.
Thursday afternoon from to 3 o'clock.
or course the bulk of the audience was
made up of Chinese patrons of the
school, though good many white peo-
Pile were there aud joined with the
little brown people in enjoying the
event
The many children present were
handsomely dressed in the brilliant
colored garb of the Chinese.
The singh was very creditnbe in
deed Twilight" "Tne d., OF Yore,"
Pulling Hard Against the Stream" and
that dear old song, "Oh Give Me Back
My Mountain Home" were rendered by
the children and were received by the
audience with marked expressions of
pleasure.
The exercises showed careful training
and reflected great credit upon those in
charge OF the school. The work has been
thorough, diligent and effective.
The following is the program rendered:
|. Prayer,
2. Song, Twilight"
3. Chinese recitation, Psalm Nv.
4. Chinese recitation, Psalm CIVIL.
.. Motion song, "The Days OF Yore."
g. Hotel-street kindergarten.
7. Recitation, "What Boys Are
Wanted"
8. The Human Body in Rhyme.
8. Chinese recitation, Revelation,
Chapter MI.
10. Chinese recitation, Three-C Character
Classic.
IL. Song, "The Lord Is My Shepherd. "
IL. Concert exercise, THE True Wis
DOM"
10. Chinese recitation, Psalm NCNl.
IA. Chinese recitation, Sacred Edict."
Is. "Morgan Hebard," kindergarten.
IS. "The Railway Train"
II. Recitation.
IS. Song, "My Mountain Home"
10. "The Celestial Empire"
20. Chinese recitation, Psalm CXXXI.
81. Chinese recitation, Psalm CNNNllI.
%. Song, pulling Hard Against the
Stream"
%. Selections from cantata "Under the
Palms"
This morning Mr.. Damon took the
entire school out to Punahou for the
annual picnic. There the little Chinese
girls and boys with their ribboned
cues and gaudv regalia, have had
sports of all kinds during the day. The
school will return to town shortly after
4 o'clock, when the summers vacation
will be entered upon.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
KIL0HANA ART LEAGUE.
FIRST REGULAR EXHIBITION IN
NOVEMBER.
Comply Constitution and Bylaws
Object, etc,

EDITOR STAR: The Art League held a
meeting last night at which the date of
their first regular semi-annual exhibit
ton was set and a name chosen for the
organization. The name adopted is
The Kilohana Art League"
Through the courtesy of prominent
member of the Historical Society, the
name was suggested as being significant
of the purpose of the League and of
pure Hawaiian origin, "kilo" to observe
critically, "hana" to work; compounded
"kilohana, the choice bit of decoration,
as best known to the old time Hawa-
iian.
The first regular exhibition of the
Kilohana Art League will take place in
November next. Invitation to all who
wish to exhibit their work in this exhi-
bition is cordially extended, that time
be given for execution of such work,
which must be ready to present to the
committee by the 18th of November.
The object of the League being to
build up as high standard of art as
may be here possible, all work sub
mitted will have to pass the judgment
of the committee of selection in order
to be admitted to the exhil ition, as is
done in any regular exhibition else.
where.
Paintings, sculpture, modelling, cary.
ings, etchings, sketches and original
work from nature or life is required
Copies of pictures, engagements from
prints or photographs, ETC., will not be
considered. Any and all are invited tc
contribute their work to this exhib
itlon.
A committee is now preparing a con
stitution and bylaws for the League
which will be reported and adopted a
the next regular meeting.
ID. HOWARD HITCHCOCK,
President Kilohana Art League
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13

The house has four bed rooms.
hall, bath and dressing rooms, bal
cony and FIVE cedar lined closets on
upper floor and parlor, hall, dlnr. 2
room, library, pantries kitchen and
verandah on lower floor. Hot water
attachments complete, and gas
throughout the house.
The stable contains three fine box
stalls, wash rack, carriage and har-
ness rooms, hay and feed loft and
three servants rooms and is one OF
the best equipped OIL the Islands.
There are also chicken houses,
pigeon house and COW sheds store
rooms and three paddocks for live
stock on the place.
The grounds are laid out in lawns
and palm, orange, magnolia, anc
many varieties of fruit and shade
trees, roses and shrubs are grow
ing on the premises.
For further particulars apply t.
BRUCE CARTWRIGHT
Trustee.
214-tf
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
rms pALl ny MooNLIGHr


Seven persons, ladies and gentlemen,
two teachers from Kamehameha School
and two from Kawaiahao Seminary
made horseback excursion to the Pail
last evening.
The night was beautiful and the view
from the top OF the precipice, of the
variagated landscape beyond, was sim
ply superb. At times cloud would
cross the effect OF the great tropic moon
and cast long shadows over the hills and
wales to the eastward. Then all would
clear away and the light from the enid
night sun" would fall over the scene
clear, bright and beautiful. The party
dismounted and walked around to vari-
Gus points OF view and OF interest, sew
eral going a long way down the Pail
road oil the other side.
After an hours stay the return trip to
the city was made.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
MARINE MITES.

The Kinau took sixty cabin passengers
this afternoon.
The Hawaii will leave Monday after
noon at o'clock.
The Skagt left yesterday Tor Port
Townsend in ballast.
The Kinau left at o'clock this after
noon for Maui and Hawaii.
The special trai for Remond Grove
will leave the depot at 1880 o'clock this
evening. About ninety couples will SO.
Smiths busses will meet the return
train which will reach the city about
midnight.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-07-13
MIR. wArERnousn ENlLnrAINs.
An Evening Tea to Friends on tn,
Waikiki Beach.

An Evening Tea to Friends ON the
WAIKIKI Beach.
Mr.. Henry Warehouse rendered
reception Friday to the missionaries now
in Honolulu on their way to the South
Sea Islands. The reception took place at
Mr.. Warehouses; Waikiki residence
Besides the Warehouse family the
following were present: Rev. DR.. Price
and wife, Miss Crosby, Miss Malone. DR..
Rife, Rev. DIR. c. NJ. Hyde, DIR. Stephen
Penrose, G.. =. Castle and wife, Mrs.
Tenney, Miss Knight, Mrs. c. A. Brown,
DIR. Bingham and wife, and Rev. o. II.
Gulick and wife.
The evening was spent IN the beach.
Evening tea, moonlight boat-riding and
singing were enjoyed. Ernest Water
house, recent graduate from Princeton
College, amused the company with col
lege songs. The reception closed about
o'clock.