davidaulloa/AmericanStories huggingface dataset:
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1895-10-17
Forgot in After Years.

"Niy dear. said a wife, who mad
been married aE three years, as she
beamed across the table on her lord
and master, tell me what first at
,tracted you to me. What pleasant
chara cteristic did III possess which
placed me above other women Ii your
sight ~ s3s ss 3S9s;
And her lord and master simply said.
II give It up. Tit Bits. s7,gi 81
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1895-10-17
Japanese. RED eros. Band.

A large number Of "The Broad Ar
row. Nondon) has letter from cor
respondent at Wei-hai-wei in which
reference is made to the heroism of
the Red Cross medical bands connect
ed with the Japanese armies.
while the storm of lead was still
hurting thickly through the air, com
pany Of Red Cross men marched out
from the ravines, two and two, with
stretchers, and .irst-aid' appliances,
for their comrades, right under the
whitening fire from the gunboats, with
never a moments hesitation. Unarm-
ed. but for paltry dirk at the side
helpless in any case against such an
attack, their foes needless or ignor-
ant Of the sacred significance of the
Red Cross badge,-they did not finch
for moment on their GRAND of mercy.
1t would have been easy to wait until
the fire should cease; but they nobly
went on and did their work as if on
their parade ground at home. One by
one the dead and wounded were sought
out all over that wide field of blood,
and borne away; until within twenty
minutes the place was completely
cleared Of every man. living or dead
Foreign attaches declared it the most
splendid deed they ever saw.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1895-10-17
The Earth's Rotation

The next time you have boiled eggs
for breakfast, make the experiment
that is here illustrated, and see how
easy a thing it is to show the earth's
double motion, its rotation on its own
axis and it's revolution around the
sun at the same time.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1895-10-17
Penetration Of water.

So penetrating is water at high pres
sure that only special qualities Of cast
iron will withstand it. In the early
days Of the hydraulic jack It was no
ncommon thing to see water issuing
The water needle would penetrate the
unwary finger just as readily as: "a
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1895-10-17
The Ant-Lion Lies Low

A curious and most interesting in
sect is the ant-lion, which may be
found just at present in almost any
sandy place frequented by the unwary
ant. These creatures delve out a per-
fectly conical hole, often an inch deep.
The sides are made Of the finest and
driest sand or earth, and the digging
is all done by the insect going around
in perfect but always lessening cir
cles, throwing the sand aside with
vigorous ficks Of the tai. The exca-
svated sand Is carefully levele6 all
around the mouth of the hole md
then the ant-lion takes his post at the
bottom and waits for his prey. 8
1t is not long before some ant, rush
ing to and fro In search Of food, goes
stumbling down the side Of the pit.
/ The ant at once realizes its danger
and tries to Chamber out, but the foot
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
FIVE CENTS A LINE,
SITUATIONS wANrED-FREE.

Are yeu in need Of work. II so. you are -
liberty to use these columns for assistance IN
that direction. While this notice appears the
Monday and Tuesday, for Topeka Kansas
people, all notices Of ''Situations Wanted" nos
exceeding i've lines, or thirty-hve words. 10
this nature arc handed in previous -
ten O'Clock Saturday morning; also on Weonss.
this class handed in by ten o'clock Wednesday
kerning
No advertisements Of this nature to be started
legation Is incurred on the part of the adVertis.
er- Ne worthy and needy man or woman need
hesitate to take advantage of this offer. No Ono
"a business or having employment is expected 70
take advantage Of 1t. but AL others invited -
avail themselves freely.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
First published in the official city paper March
g. 1885,
Notice of Meeting of Board of
Supervisors Of Elections.

OFFICE OF
COMMISSIONERS OF ELECTIONS,
TOPEKA, Kan, March Z, 1895.
A meeting of the Board of Supervisors of
Election for the city of Topeka will be held at
the office of the Commissioner of Elections
March %, 1895, at O'Clock p. m. for the purpose
OF revising the registration of voters in the sew
eral voting precincts of said city, to hear APP
peaIs from the Commissioner of Elections re-
Speeding the registration of electors Of said
CITY and for tn e transaction of such other bus
mess as may properly come before said board.
TSEAI,l FRANK HERALD,
Commissioner of Elections.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
10O12.
The State of Kansas VS.. George W. Frazier
Appeal from Saline County.
AFFIRMED.
SYLLABUS.
ALLEN.J
By THE COURT.

/ Where demurrer to a plea in bar. or
in abatement of criminal prosecution. stat
ing matters which considered alone constt-
tute par 70 tne Iurtner prosscutlpn o. sne
Of the action. is sustained by the court, con-
vtction thereafter had. will not be for that
stood at the time OF the hearing OF the de-
murrer, conclusively showed that the plea
q It is not error to override Q challenge to
the array OF jurors made on the ground
failed to return list of names of persons
suitable to act as jurors, and for that reason
no Jurors from the township or city were in
Guided in the panel, the jurors constituting
the panel having been legally returned, drawn
Under section 81 of the act regulating crimes
and punishments, the carnal knowledge OF .
female under the age OF eighteen years is I'M
lawful, If the person having such cSFnRl
knowledge is not her husband. All commerce
between the sexes, except In lawful wedlock.
is unlawful, whether any penalty for the par
ticular offense be denounced by statute or
not
with the crime of rape. and Of attempt TO
commit rape. Two verdicts were rendered.
one ssc ILL., ~ N sttsmnt nISar the second
count On account OF the fnsuficincy OF tbs
averments of the second count the convlctlon
was set aside. and q new trial ordered by this
court State VS. Frazier, So Kas. 81. AfterHar
an amended information was fled and the de-
PENDANT again convicted Of an attempt 20 com
nit rape. The court in instructing the jury.
correctly defined the crime charged, but re-
instruc ion that il they found from the evil
dence that the completed ohense had been
committed they must acquit The evidence
showing an attempt was clear and sAtlsfac-
tory, that tending to show q ompleted offense
very slight. Held. That while the instruction
ibie error was committed by the refusal In
this particular case
All the justices c0ncurr1ng.
Attest seSs OOps' c. J. BROWN,
IsEALl Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
1874
willard R. Douglass vs. Archibald McKeever
Error from jefferson County.
REVERSED.
SYILARUs Blythe COURT HORTON, C.


Where the owner of land desiring to redeem
the same from the holder of tax certificate,
under the provisions of chap. 49, sess. laws OF
1879, (pargs 69S76sSS, gen stat, 1882. 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 2, chap A.
sess laws of 1879 (par. $685.. gen. stat. 1882 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
urer's 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 jssu-
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 nullity.
All the justices concurring.
A true copy.
Attest: @. J. BROWN,
IsEAL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
SYLLABUS.


SYLLABUS. BY THE COURT. JOHNSTON. J
l. An action by an executor against a CO.
executor, charging administration, and
asking for 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-
9 Where an action is brought against an
executor Of an estate in his representative ca
pacity, no individual liability can be estab-
fished or adjudged against him.
g. AS general rule, one executor is not an
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 it, he will be held responsible for
the loss.
partnership business in which the estate is
interested, all CT the executors should join as
plaintiffs, but where such action is brought by
defendants, and no question is raised on &C
count of the misjoinder. before Judgment is
rendered, the failure to name them plain
tiffs is not a fatal objection
5. Where the estate was in partnership
with l. and there was provision In his VIII
present business as long as they may deem
best" and the executors determine to con-
tue the partnership 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 testate. Held, That the effect of
the arrangement was to create new partner
ship com posed OF the executors OF the estate
on one part and of I. on the other.
6. 1t Is the duty of partners to devote their
time and best endeavors to carry on the part
nership business and promote the prosperity
of the firm. and in the absence Of any special
agreement between them as to the division of
labor each should give time and attention to
the conduct of the business without compen-
sation and without regard to the relative
value of the services Of the relative partners.
z. Where the partners share alike in the
control and labor of the partnership business,
one of them cannot sit .passively by, indiffer-
emit to the interests of the firm, and after neg
lecting to use reason able diligence himself
hold the other partner responsible to the firm
for q like indifference or negligence.
g. Where one of the main questions In issue
is with respect to the negligence of those in
charge of q business. it is error TO admit in ev-
fdence the opinions Of witnesses as to whether
or not such person had exercised due dill
gence.
All the justices concurring.
A true copy.
Attest: C. ]. BROWN,
(sEALl Clerk Supreme Cours-
1867.
81. n. Obert, ct al. vs.. The Oberlin Loan &
Trust Company.
Error from Rawlins County.
DISMISSED.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15

1877.
Pleasant View Township vs. J. W. shawgo.
Error from Crawford County.
REVERSED.
SYLLABUa BIZ TIE CoURT. ALLEN,
/. Chapter 16 Of the general statutes of 1889
confers no power on a township board to bind
the township by contract for the construc-
ton of bridge costing more than $500
2. Chapter Is of the laws OF 1886 does not
authorize the board Of county commissioners
of Cherokee county to delegate its authority
to the township board of Pleasant View town
ship to build bridges therein, nor is the town
ship board of such township given any added
power to bind the township by q contract for
the erection of q bridge, either by said act, or
by any action of the board of county commits
sions thereon.
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
BIZ THE couar.
SYLLABUS
ALLns.J

Dismissed for want of jurisdiction. the
amount in controversy being less than $lO0--
All the justices concurring.
true copy.
Attest: G. J. BROWN,
[sEAL Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15

1884
In the Matter of the Petition of NJ. e. Lowe
for Writ of Habeas Corpus.
Original Proceeding in Habeas Corpus.
PETITIONER DISCHARGED.
SYLLABUS. By THE COURT. ALLEN. J
Ordinance No. 171S of the city of Topeka. en-
titled IAN ordinance providing for city scav-
engers. prescribing the duties and regulations
governing the same. providing license there
Tor, fixing the fees to be charged, penalties for
repeating ordinance No. 604. published June
srd 1887, and ordinance No. 9SS. published July
10th. 1885," as amended by ordinance No. 1744
attempts to authorize the creation of mo-
nopoly Of q lawful calling is In restraint Of
trade and void.
All the justices concurring.
true copy.
Attest: c. BROWN,
lsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
1885.
n. Frankhouser Va. J. ]. Neatly.
Error from Usage County.
REVERSED.
SYLLABus By THE COURT. HORTON. c.
SYLLABUS.


1. 1t is error for q trial court to permit the
deposition of q witness to be introduced in
evidence, when the deposition itself shows
that the witness is a resident of the county,
against sufficient objection thereto, unless it
is first shown to the court that the witness
oral testimony cannot be procured upon the
trial.
9. Where an action is brought before a JUS
tice of the peace to recover upon an account
for the value of corn taken possession of by q
sheriff. uuder a levy, as the property of
another, and no answer is filed by the defend
ant and no bill of particulars, as B. set-of, is
demanded by the plaintiff, and subsequently
upon appeal, the trial is had without any new
p1eadings. or any demand therefor. the de-
PENDANT may show, to lessen the recovery
against him, that after the levy, other per
sons. with the plaintiffs consent, moved part
of the corn and used or sold it; that the plain,
tiff received pay from parties whose cattle had
injured the corn and had used or sold part
of 1t for his own benefit.
8. It is error for trial court to instruct
jury that the parties have agreed upon the
questions to be submitted to them for their
decision, when no such agreement has been
made or assented to, either oral or written.
All the justices cOncurring.
A true copy.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
1900.

1909.
Cherokee & Pfttsburg Coal and Mining Com
pany va John Dickson
Error from Crawford County.
REVERSED.
SYLLABUS. By THE COURT. ALLEN.
L Where one of the principal questions to
be tried in the case ia whether co-employe
of the plaintiff was competent and skillful
miner. it IL error to permit witness who is
himself skillful miner, over the objection Of
the defendant. to give his opinion as to the
skill and competency Of such co-employe.
2. In action against the principal. proof
of declarations or admissions made by an
agent with reference to past occurrence, and
not in connection with the performance of
any duty, business for his employer, is
hearsay testimony and tnadm1ssible,
All the justices concurT1ng.
A true copy.
Attest: G. J. BROWN,
lsEAL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15

cluded creditor win be entitled to pur-
sue it into the hands of any mem
who has taken n the he same anne with full knoWi.
edge of the facts; and If it has passed out Of
count fo an .ney may De 80 ac
rata toward the payment of the unpaid debts
OF the corporation to the extent of the fund
2. Directors and managers of corporation
who are creditors of the same are not per-
mitted in closing up the business of the cor
porat1on to make any agreement or arrange
ment by which they shall secure to them
serves a preference or advantage over other
8. Where trust property has been conveyed
TO another, the trust cannot be enforced
against the property itself without making
the one to whom it was conveyed party to
the action; but bis presence is not indfspen-
wronPfully received and transferred the prop
erty TO account for the fund so received and
m1sapplied by him.
parties upon the face of the petition the de-
PENDANT may demur thereto upon that grou nd
ana where the petition does not disclose the
defect the objection may be taken by answer;
out II no objection is taken either by de-
murrer or answer, the defendant Is deemed to
have waived the same.
5. Before an action upon Judgment in fa-
Vor OF corporation had become barred by
the statute of limitations, receiver of the
corporation was appointed with power to take
possession of all the property and to collect
brought action upon the same judgment
Wnlch remained pending until the receiver
was discharged; Hetd. mat the statute OF I'M
1tations did not run during the tendency of
the action brought by the receiver.
g. judgment of the United States circuit
court for the district of Kansas occupies the
same foo ing as a Judgment of the state court,
and may be made the basis of a creditors bill
or other like equitable action in the state
court brought to protect the rights OF credit
tors in trust fund which has been wrong
fully appropriated or misapplied.
Z Where case-made is settled and signed
without notice to one of the parties the at
tempted settlement is a nullity, but the in
valid effort to settle does not prevent the
Judge from settling and signing the same case
at any time within the period allowed by law
upon notice duly given to the parties upon
whom the case served.
All the justices concurring.
A true copy.
Attest: G. ]. BROWN,
LsEALl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
The Chicago Lumber Company vs. william n
Tom11nson, Harry c. Lucas, ct al
Error from Finney County.
REVERSED.
ALLEN J
SYLLABUS.
By THE CoURT.

I. Power of trial judge over q case-made
for the supreme court ceases after this same
has been settled attested and filed, and sub
sequent unverifed certificate can not be con-
sidered-
viii, or otherwise, the executor of the estate
OF q deceased person will not be held author-
lied to bind the estate by new contract for
the completion Of building, for the erection
of which the deceased had Contracted. but the
executor being also an heir and interested In
the property, may bind himself personally By
any contract he authorizes.
Where no separate contract is made for
the erection of . distinct portion OF 9 build
ing, statement for mechanics lien hleG be-
fore the completion OF the building ts prema-
ture and Intellectual.
Defendants IN trial court, who file cross
petitions asking Affirmative relief agatngt CO.
defendants, in order to obtain any relief in
this court from an adverse decision below,
must either join as plaintiffs in error, or 61e
cross-petitions in error here.
All the justices concurring.
true copy.
Attest: G. J. BROWN,
LsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
1924
The Chicago & Atchison Bridge Company vs.
George Fowler.
Error from wyandotte county.
REVERSED.

SYLLABUS. BY THE COURT. JOHNSTON ]
Il. Where a corporation is heavily indebted
to its officers and stockholders, and such Off
GERS and stockholders enter into an agree
ment to discontinue business and divide and
distribute the entire capital and assets of the
corporation among themselves in PAYMENT of
the Indebtedness which they hold against the
corpoI alton, and when in accordance with
the agreement they have wound up the bust
ness and distributed the assets and there re-
mains large Indebtedness unproyided for
the transaction will be deemed to be invalid
as to any excluded creditor. In such case the
property and assets of the corporation win be
deemed to be held in trust for the payment of
the debts Of the corporation, and any ex-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
AFFIRMED.
SYLLABUS.
ALLEN
BY THE COURT.

The defendant was q partner In the firm Of
D. 1. Co., operating large dry goods store
in the city of Ottawa. Said Arm placed in its
window a locked box, with glass front, con-
tanning $500 in bills. and advertised that all
persons Pe00ying goods IN the store ana paying
key, and one and only one key would be given
out which would unlock the box; that the
person receiving the key which would unlock
the box would be given $500 from it. The
defendant sold goods at the usual and ordi-
nary prices, without extra charge on account
Of said key, to divers persons for so cents and
more, and gave to each of said persons key,
to which was attached 8 card stating in sub
stance the above offer. Held, That such trans
actions were in effect sales of merchandise
and lottery tickets for an aggregate price, and
that conviction therefor under q city ordi-
nance was right.
All the justices concurring.
A true copy.
Attest: C.J BROWN,
[sEALl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
REVERSED.

I. Where notices are served TO take deposit
t1ons at two different places on the same day,
the party on whom the service is made, may
attend at either place he chooses, and dtsre-
gard the other notice, and the dispositions
taken at the same time At the place where he
pressed.
2 The party adverse to the one taking dep
osttions has right. il he chooses, to be person
ally present at the taking of any deposition
S52 of the code
g. Where q party having full knowledge OF
all the material facts affecting his rights with
rsberS 81 70 g9o9s soio ny nm % pnFcn4ser
fraudulently and intending never to pay for
them, sues for the purchase price of the goods
he thereby elects to affirm the sale, and can
not thereafter maintain an action to recover
the specific property because Of the fraudu1ens
purpose of the purchaser.
All the justices concurring.
A true copy.
Attest: @. ]. BROWN,
lsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
MONEY TO LOAN.
MANICURE AND cHIROPoDIsT

MADAM NJ. BOGER treats the feet and
W. hands successfully. COrnS removed She
uses only the finest instruments and the most
elegant preparations. Cures all hang nails, Bit
ing of nails and does not hurt the feet or hands
while working them. Call or write 113 east 9Th
street, room .. over Star Grocery. Office hours
9 a. IN. to z. N. Home treatments Mondays and
Tuesdays.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15
INrHe sUPREMR CoURr

In THE SUPREME COURT
OF THE STATE OF KANSAS.
&c. J. Brown, clerk OF the supreme court OF
the state OF Kansas, do hereby certify that the
Foregoing are true and correct copies of the
svilabi Of the decisions in the above entitled
cases as the same appear ON file in my office
Witness my hand and the seal Of the supreme
court, this 1lth day Of March
1895.
rsx.11 G. J. BROWN,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15

SYLLABUS. By THE COURT. HORTON, Q.
l. Where an action is brought for divorce
and alimony, alimony may be allowed as an
incident to the divorce, and where the parties
are in equal wrong and q divorce is refused,
the court may make an order for the control
and disposition of the property OF the parties
or either of them as may seem proper.
and alimony, and upon application of the
plaintiff, the action for the divorce is contin-
ued for trial. it is error for the court to render
such a case permanent alimony is an incident
to the divorce and should not be finally heard
and determined while the action for divorce
is pending. The divorce and the adjustment
of property interests are not to be regarded as
transpiring at different times, but as contem-
pOraneous.
All the justices concurring.
A true copy.
Attest G. J. BROWN,
TsEAL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15

T T. Fulton is a candidate for justice of the
- peace, subject to Republican primary OF
March 16, 1885,