davidaulloa/AmericanStories huggingface dataset:
The advocate., 1895-03-13

che arrangementwa to create new partner
ship composed OF the executors Of the estate
on one part aud OF /. on the other.
6. It Is the duty OF partners to devote their
time and best endeavOFS TO carry on che D6Ff.
neTshlp business and promote the prosperity
OF the firm, and In the absence OF any speciSl
agreement between them as to the division on
labor each should give time and attention 60
the conduct Of the business without cOmpen4
sallon and without regard to the relative
value OF the services OF the relative partners.
7. Where the partners share alike In the
control and labor of the partnership business,
one OF them cannot sit lpAsslvely by, indiieP.
ene to the interests OF the fiFm, and after neg.
lectlng to use reasonable diligence himself
hold the other partner responsible 90 the Arm
for q like indifference or negligence.
8 Where one Of the main questions In issue
iswith respect to the negligence OF those In
charge OF business, it Is error 70 admit In eV.
tdence the opinions OF witnesses as 10 whether
or not such person had exercised due dill.
gence
All the justices concurring.
true copy,
Attest; @. J. BROWN,
tsEAL Clerk Supreme Court
The advocate., 1895-03-13

mated In the senate and passed that body,
February II, 1894
JAMES A. TRoUTMAN,
President of Senate.
March /, 1895.
w. 1. BROWN,
Secretary Of Senate.
Passed the house February 2S 1885,
CHAs. Z. LOBDELL,
Speaker OF House.
March /, 1895.
FRANK l. BROWN,
Chief Clerk Of House.
Approved u :l5 p. m, March 2, 1895.
Z. N. MORRILL,,
Governor.
STATE OF KANSAS,
OFFICE OF SECRETARY OF STATE.
I,W. c. Edwards, secretary OF state OF the
state OF Kansas, do hereby certify that the
above and foregoing Is o correct copy OF the
enrolled bill now on file In this Office.
In testimony whereof, l have heTeuntO sub.
cribed my name and affixed my
[sEALl official seal this 9th OF March,
A. D., 1895
VIC. EDWARDS,
Secretary OF State.
The advocate., 1895-03-13
SYLLABUS.

Where the owner of land desiring to redeem
the same from the holder OF Q tax certificate,
under the provisions of chap. IS, sess. laws Of
1879, (pargs. 69S769SS, gen. stat, 1890, tenders
to the purchaser Of the tax certificate the
amount paid for the property therein de-
scribed, with all subsequent taxes and inter.
est thereon, as prescribed by sec. q chap. 4S.
sess laws Of 1879 (psr $685. gen. stat. 1887, be-
fore any tax deed is authorized or issued, and
the purchaser OF the tax certificate, without
notice or knowledge to the owner, has as
signed the tax certificate to another person,
but gives no information thereof to the owner
at the time OF the tender, and the assignment
by the purchaser Is not entered on the treas.
urers sale book, or the clerks duplicate, and
the owner Of the, property has no notice or
knowledge that the tax certificate has been
assigned or transferred until after the issu-
ance and recording Of the tax deco, Held That
under such circumstances the tender to the
purchaser Of the tax certificate Is sufficient,
and any tax deed made thereafter Is a nullity.
All the justices conCurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1895-03-13
Error from Leavenworth County.
REVERSED.
SYLLABUS

/. An action by an executor against o co.
executor, charging maladministTRtlOn, and
asking for a removal from the trust, cannot
be properly Joined with an action for an ac-
counting OF a partnership in which the estate
has an interest with another person not con.
nected with the estate.
3 Where an action Is brought against an
executor Of an estate in his representative ca
paclty, no individual liability can be estab-
Iished or adjudged against him.
g. As o general rule, one executor Is not an
swerable for the neglect or bad faith OF CO.
executors, but where one by his own negligence
suffers another TO waste the estate when by the
exercise Of reasonable diligence he could have
prevented 1t, he will be held responsible for
the loss.
4 In an action to obtain an accounting Of o
partnership business In which the estate Is
interested all OF the executors should join as
plaintiffs, but wheis such action Is brought by
one alone, and the other executors are made
defendants, and no question Is raised on ac-
count Of the misjoindeT before judgment Is
rendered, the failure to name them RS plain
tlffs is not fatal objection.
5. Where the estate was in partnership
with /. and there was provision In his will
authorizing the executors "to continue my
present business as long AS they may deem
best" and the executors determine 70 con-
tue the ,partDership business In accordance
with the will, and do carry on the business
upon the same terms as it was during the life.
time Of the teStat0. Held, Thss the enect OF
The advocate., 1895-03-13
SYLLABUS.
ALLEN,
BY THE COURT.


1. In order to review the decision Of dis
trict court In determining an issue OF law
motion for q new trial Is not necessary, sec
tlon BOG Of the code of civil procedure defines
q new trial IS re-exBmtnREion OF an Issue og
fact.
q An issue OF law may arise either on th0
pleadings, an agreed statement OF facts, the
report oil referee. special verdict Of jury, OK
findings OF fact by the court, and where no
issue OF fact Is raised, or where ali issues Of
fact have been tried and determined, Issues Of
law alone remain, and the decision OF the Trial
court thereon can be reviewed here without
motion for . new trial having BEEN hlsd
below.
8. A deed Of general warranty in the usual
form Conveying lands for the expressed con-
sideFation Of the sum OF one dollar and otner
good and valuable considerations, ana
written contract, executed at the same tlmes
by which the grantee In consideration or tne
deed agrees TO do certain acts and provides
that In case Of failure to perform such con-
tract the deed shall become void ana me
lands conveyed revert 10 the grantor, Dotn in,
stPuments being acknowledged and recofoe9
st the same time, are TO be treated as one ana
construed together. ,s.a
4, r. and wife conveyed certain lan99 ~
Joining the city Of Topeka, to the T. y. q y
Ry. Co. and In confederation thereof tno n.y.
COStiBuSd Os page 10.
The advocate., 1895-03-13
IT. Smith vs.. J. o. Benton.
Error from Pottawatomie County.

REVERSED.
SYLLABUS BY THE COURT. JOHNSTON,
When amotion for q new trial is made, II is
the duty oi the court TO consider the grounds
alleged and to exercise its judgment as to the
sufiiCitncy OF the same and where no such
consideration Is given and the motion Is over
ruled pro (Orma, q reversal must follow.
All the Justices concurring
true copy.
Attest: @. J. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1895-03-13

The Kansas Midland Railway Company vs.
John H. Brehm.
Error from Reno County.
REVERSED.
SYLLABUS BY THE COURT. JOHNSTON,
Under our statutes q right Of action against
party for negligently and Wrongfully de-
stroying property by fire 10 not assignsble.
All the justices concurTing.
A true copy,
Attest: @. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1895-03-13

7sl6
The German Fire Insurance Company vs.. The
Board OF County Commissioners OF Shawnee
County, Kansas, OF al.
Error from Shawnee County
REVERSED.
7847
rhe Oakland Home Insurance Company vs.;
The Board Of County Commissioners OF
Shawnee County, Kansas, OF al
Error from Shawnee County.
REVERSED.
SYLLABUS. Blythe COURT. JOHNSTON J
A policy Of insurance against Are, contain.
ing o condition which for6ids the keeping or
use OF gasoline upon the insured preml 90, Is
avoided by violation OF the condition by one
who occupies the premises with the implied
consent Of the assured.
All the justices concurring.
A true copy.
Attest. C.J.BRoWN,
lsEAL Clerk Supreme Court
1876.
Julia N. Goodman vs. James 2. Wilson. Joseph
N. Cowden and william II. Turner
Error from Jefferson County.
AFFIRMED
SYLLABUS BY THE COURT. JOHNSTON ]
The limitation OF the tax law providing that
an action against q tax purchaser for the re-
covery OF land sold for taxes must be brought
within Ave years from the time OF recording
the tax deed, and not thereafter, is not modi-
fed or limited by the cCde provision which
permits the bringing OF an action by an In.
fant within two years after the disability OF
infancy Is removed.
All the justices concurring.
A true copy.
. Attest: G. BROWN,
[sEALl Cl9fk Supreme Court
The advocate., 1895-03-13

H. H. Obert, ct al. vs. The oberlin Loan
Trust Company.
Error from Rawllns County.
DISMISSED
SYLLABUA BY THE COURT. ALLRN,J
Dismissed for want OF jurisdiction, the
amount In controversy being less than sl00
All the justices c0ncurring
A true copy.
Attest G. j. BROWN,
lsEALl Clerk Supreme Court
The advocate., 1895-03-13

willard R. Douglass vs.. Archibald McKeever
Error from Jefferson County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, C.
The advocate., 1895-03-13
By THE CoURT.
SYLLABUS.

SYLLABUS. By THB COURT. ALLEN,
Ordinance No. 1918 OF the city Of ToDeka, en-
titled. "An ordinance providing for city sc&Y.
engers, prescribing the duties and regulations
governing the same, providing license th0Fs-
for, fxing the fees to be charged, penalties for
violating rules and regulations thereof, and
repeating ordinance No. 60i. published June
Brd 1887, and ordinance No. 9S3, published July
10th, 1885," Rs amended by ordinance No. l1AA
attempts to authorize the creation Of Q mo-
nopoly OF lawful calling is In restraint OF
trade and void.
All the justices concurring.
A true copy.
Attest: CO. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1895-03-13
Error from Usage County.
REVERSED.

SYLJABUA By THE COURT ALLEN,
/. The instrument under which the plain.
tifis claimed the corn In controversy In this
action, being given TO secure the payment OF
money, Is held TO be chattel mortgage.
q Where q mortgage neglects 70 iiie his
mortgage, or a copy thereon, In the once OG
the register OF deeds, but claims delivery Oe
the property to him. he must show On actual
and continued change OF possession OF the
thing morlgaged. and where 10 appears that
no actual change OF possession was had, She
mortgage 10 absolutely void as against credit
or5 OF the mortgagor.
All the justices concurring.
true copy.
Attest: Gu BROWN,
[sEALl Clerk Supreme Court
The advocate., 1895-03-13

N. H. Insley vs.. Ann NJ. Shire. executriK, etc.
et al.
The advocate., 1895-03-13

In the Matter of the Petition OF M. e. Lowe
for Writ OF Habeas Corpus
The advocate., 1895-03-13

Hannah Richie ct al. Vs. The Kansas, Ne
braska & Dakota Railway Company, OF al.
Error from Shawnee County.
REVERSED.
The advocate., 1895-03-13

N. Frankhouser vs. r. E. Fisher and 8, B. En-.
derton.
The advocate., 1895-03-13

The German Fire Insurance Company vs.. The
Board OF County Commissioners OF Shawnee
County, Kansas, ct al.
The advocate., 1895-03-13

Original Proceeding in HabeSs Corpus,
PETITIONER DISCHARGED.
The advocate., 1895-03-13

The Chicago & Atchison Bridge Company vs
George Fowler
The advocate., 1895-03-13

rhe Oakland Home Insurance Company Vs.
The Board Of County Commissioners OF
Shawnee County, Kansas, ct al,
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-24
MIR. UAZZARD'S EXCURSION.
Gen. Gordon, Gen. Black and Private
John Allen VIII Come.

Washington City. June % 23.-Special.-
Among the noted orators who have al
ready accepted George HazZa rd's invi-
tatiou are Senator John p. Gordon. Of
Georgia: Gen. John c. Black. OF Illinois:
Hon. James Kerr. Of Pennsylvania Hon,
Henry Meyers. OF Indiana. and the noted
Private John Allen OF Mississippi. There
viii be twelve picked orators I'm all. The
other seven viii he selected later on
The party viii leave New York city for
Buffalo by special train September I.
whence they will take a boat for Mime
sofa which will be the first state stumped
The first meeting VIII be held in the city
Of Duluth.
It is hoped that the tour VIII accomplish
much good. Moderation IN the Discus
sion Of the money question Will he the
watchword OF the orators. II IS hoped
that by c0unseling moderation and by
discussion OF the vexing silver question
with the citizens OF the silver states. some
middle course OF action may he adopted
which will he acceptable 10 all Democrats.
no matter how extreme their individual
Views may he. The sum and substance
OF every speech will be majority rule and
moderation.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-24
Bitter Struggle Between Silver
Men and Goldbugs.
CONVENTION MEETS TUESDAY.
The Administration Bending All Its
Energies Against Hardin.
All the Kentucky Leaders on Hand-so
Many Delegates Are Uninstructed
or UDpledged That IL l. Not Posi-
bic to ForeteIl the Result.

Louisville. KY. June 2s-Gen. Hardin
ami Gen clay. leading candidates for the
guoernational nomination at the Demo-
cratic convention next Tuesday. ana al
the other candidates. who have been here
some days, We're Joined today by many cf
the delegates. among the latter being Sen
ator Blackburn. VINO is working for the
chairmanship OF the committee on resolu-
lions. Congressman McsCreary Is here. as
piring 10 the same chairmanship
The all-absorbing topic is the resolution
on the silver question The committee on
resolutions will consist OF one member
from each Of the eleven congressional dis
tricts' and TWO members al large appointed
by tho chairman OF the convention For
this reason there is more contest than
ever for the temporary organization. Con-
gres ssnan W. J. Stone and A. s. Berry are
most prominently mentioned for chair
man, but neither the Clay nor Hardin
men name their favorites for chairman.
Although Clay is called the gold candi-
ate and Hardin the silver candidate yet
those lines are not strictly drawn on them.
as are the lines Of those for and against
the administration. Carlisle's private sec
retary and appointment clerk are here and
are followed from Washington City by ex-
Congressman Phil Thompson, who Is en-
fhusiastic for Senator Blackburn for
chairman Of the committee on resolutions
Aside from the silver issue there is bitter
night between the friends of Secretary Car
Isle and Senator Blackburn. in which Sen
ator Lindsay eX-Gov. Buckner, Congress
man McCreary and other leaders are with
Carlisle. while Gov. Brown. ex-Gov. Knott
and others are with Blackburn There is
almost an endless list of candidates for
minor state Offices and they have had
their headquarters open several days. In
the early skirmishing the god men claim
ed 10 have a majority OF the delegates. but
the arrival OF Senator Blackburn today in
spired the silver men. so that they are
equally confident.
There are so many uninstructed dele
gates that II win be impossible TO esti-
mate the strength of the gold and silver
men before the temporary organization s
made and then it viii he seen whe.ner the
resolutions are to he for free coinage or
against IT, The temporary organization
will also Indicate whether either Clay or
Hardin controls the convention. The
members Of the committee will be selected
Al the delegation meeting Tuesday at 10 a.
m and reported TO the convention at y.
m All the delegates are expected to ar
rive tomorrow. when each one viii be seon
as 10 his preferences for members for
committees. as well as for candidates.
There is no dos4b. about the contest being
vigorous. II is already warm.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-24
THE OPPRESSION OF CVBA.
A Preacher Wants the Patriots Recog-
niEs.i as Bel issertnls.

New York. June S-Rev. J. a Z. W.
son. in The Eighteenth street Methodist
church. talked in a prelude az both the
morning anu evening services soGay on The
Cuban revolution. He said:
Bafhei ia sunshine. Yet bedewesi with
tears and blood. afteen miles from me
southern coast lies a land OF flowers and
oeauty-a land Of fair women and brave
men. whose soil is red with the gore cf
children slain. and 0lled with mothe-s.
SISTERS and wives herefi Of those who died
trying ~ free ti1CTn from the heels of 4
desfo'- The government Of Spain in Cuba
mas been distinguished by rapaclty, cruel-
~ Of the most outrageous nature. from the
beginning 10 now. The deprivation of Al
the creoies. or native Cuban population.
OF political. civil and religious liberty. eN-
cluSlon from all public stands. combined
with the heavy taxation necessary 70
maintain the large standing army and
navy Of Spain and its corrupt officials. is
only part Of Cuba's wrongs In the pres
ent insurroction the burden IS not left
wholly 20 the negroes and mixed races.
but loyalty on the peninsula has cooled -
such an extent that many men of Spanish
birth are taking part in the inSHrrectlon.
No government that denies 10 the people
educational. civil and religious liberty can
be free from The rebellion of It's subjects"
Dr. Wilson then rccited the history cf
the previous Instructions. and said that
in iS4S the sympathy Of the people OF the
United States for Cubans was suCh that
President Polk proposed 10 buy cuba by
the payment 10 Spain OF an Indemnity of
Slo0eaeo0. This proposition was rejected,
as was also one some years later. Or.
wills 0n referred 10 Capt. Gen. Campos as
a p3edge-breaker and murderer Of men,
women and children.
In the evening sermon. speaking Of the
wrongs Of Cuba. he said that the Spanish
government imposed a tax on the Cubans
that was equal 10 50 per cent. OF the coun-
try's productions. The wrongs which drove
our revolutionary fathers of l715 10 arms
against the British crown would. If multi
piled a hundredfold. be small compared
with the wrongs srthe Cubaus. They are
fighting for civil and religious liberty and
the pursuit of happiness. for chance in
peace 10 enjoy the proceeds of their la
boTs. He concluded:
Let us have done with Spanish dom
ination i'm america. IL has been from the
beginning a carnival of rapine and blood.
Let the government of the United States
recognize these Cubans as beilgerents
and receive their Representatives at Wash
ington City as soon as they have a gov
eminent 10 represent"
Havana, June 23.-At o'clock Capt Gen.
Campos arrived with troops at Cienfuegos.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-24
The Rebellion I'm Colombia.

Colon. June 23.-The government is do
ing all It possibly can TO suppress news
from the interior, bat 1t is known that the
government forces near Raranquilla have
met another crushing defeat at the hands
OF the rebels. who are daily gaining
strength. Three hundred men all well
armed, have crossed into this country from
Venezuela and Joined the rebels and are
now depredating on this side of the line.
The government Is keeping a strict watch
over all outgoing news and the police are
keeping n lookout for two prominent lead
ers OF the rebels. who are reported 10 the
authorities as being on their way here.
Areport Is current here today that a rebel
force fs preparing 70 advance on bogota-
the capital. and the police of that city
have made A number Of arrests n persons
accused Of being implicated IN "A conspiracy
n sieze President Caro- and carry him into
the enenv's lines as hostage.
The war between the Panama Railroad
C'ompany and tho Pacific Mail Steamship
Company IS gripping trade with the
rruttea states. for many purchases former
ly made In that country are placed In Eu-
-onesn markets on account Of the cheaper
Frelghfs.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-24

London. June e3.-It Is announced that
the outcome % the deliberations OF tho
cabinet IN consequence OF the adverse
vote IN the house of commons on Friday
IS that Lord Rosehcry. the prime minis
ter. has rendered his roS3gna tlon 20 sha
queen Her majesty has therefore sum
moned Lord Salisbury. the leader OF ths
Conserva tive party, 10 Windsor, in con-
nection with The formation of a Con-
Servative ministry.
Tho Irish members are extremely un-
easy and dissatisfied They state that after
acting Tor three years as the strongest
arm of the government they are deeply
concerned az the sudden end Of the gov-
ernment without passing any Of the prin.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-24
THE OKLAHOMA GOLD FIELDS.
Few People There and the Outlook
Not Very PROMISING

Kansas City June 23.-A LOCAL paper
prints the result Of a careful examina-
tjon made by q staff correspondent sent
TO investigate the reported gold dlscov-
cry In Oklahoma. The many sensational
stories OF Wild excitement IN the terri
tory are positively denied. The gold field
al present consists Of a large area OF
country covered with claim stakes. and
beside there are a few poor farmers
washing sand in homemade sluices.
According 10 correspondent the whole
thing IN "A nut shell Is this There ia
probably gold in the sand underlying the
Boggy creek country. but II viii take
several assays 30 determine whether it
is worth taking out. It viii take expert
eucod proSpectors 10 determine whore the
sand Is. and lots Of money 70 collect the
gold from the sand. The country may
develop a great gold field IN time. but at
present there Is nothing 10 get excited
over Experienced miners pronounce the
formation most peculiar one. The area
81 sand IS on the divide from which flow
RogEv and Turkey creeks 10 the north
and Elk and Trail creeks 10 The south.
The deposit is in an area of fifteen miles
east and west and bout fifteen miles
north and south. Crossing its northeast
corner and running from northwest TO
southeast are three reefs of quartz about
mile apart. There may be gold IN II
au1 may not nc. There is also bed OF
der0mposed Quartz that is mostly mag
aetlc iron Assays of several samples OF
sand taken but at various points show
gold POSSIBLY IN paying quantities but
g. e. is there in sufficient quantities money
vii b. required 20 par In machinery and
couleursrs The only way 10 work the
sand viii he on tables, as quartz tall
ines are worked
Tho story Of thousands hei0E in the
r- r.fr~a 7rt.-1t lions Comma
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-24
BI-NIETALIISNI IN ENGLAND.
Another Memorial bv Advocates of the
Double Standard.

London, June ga bi-metallic memo
rial has been signed by a number of the
leading bankers. merchants and manu-
facturers doing business in the East. Ii
first refers to the first b-metallic memorial.
in which. ii says, bi-metallism is justly de-
scribed as a growing agitation. II then
proceeds TO relate that. instead of the com
mercial supremacy of Great Britain and
the financial ascendancy of London having
been established since the change in the
currency in 1Sl6. ii was achieved before
then Moreover, up to nearly sixty years
after 1916 the business of the world was
conducted under the dominating influence
OF the hi-metallic system. The experience
Of recent years has shown that British
commercial prosperity during this period
was due 10 the universal effect of tho BIZ
metallic law. and not 10 the operation Of
our single standard. With the abandon
ment of bi-metallism our immense advan-
tages disappeared. The experience of his
tory. the teaching of science and the con-
clusions of authority, as expressed by the
unanimous report OF the gold and silver
commission, unite in supporting the opn
ion that the relative value OF the metals
could be maintained under bi-metallism.
The recent statements on behalf OF the
French government. the resolutions of the
German reichstag and the state council OF
the Prussian diet. and the emphatic dec
laration of the United States in favor of
international bi-metallism are proofs OF
their desire to Join Great Britain in a sert-
Gus endeavor 10 accomplish this end. The
memorial concludes:
''In the presence Of the evils which can
not he denied, we hope the government
Will not suffer a hypothetical danger 10
special interests, or prophetic but unsup
ported assertion OF harm 10 industry or
commerce to deter them from a hearty
co-operation with the other powers in such
measures as seem desirable for securing a
fixed par OF exchange for the two metals
and a more stable standard Of value than
we now possess"