davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1897-12-01

Infant u person uHSOunu nllHut OF I'LL
prisoned, the motion to dismiss the pro-
ceeding in error will be sustained.
All the Judges concurring.
A. true copy
Attest; W. H. GATES,
tSeal Clerk.
Kansas Court of Appeals, Northern De-
partment, Central Division.
No. 1G4
John Estrel, plaintiff in error,
vs.
Henry Diehl ct al, defendants In error
Error from Saline County District Court
REVERSED.
Syllabus.
Under the provisions of section $40 Of the
Code OF Civil Procedure, the District court
has jurisdiction to review the proceedings,
final order and report of q County Sur
veyor, determine the disputed corners and
boundaries Of lands made under statutory
authority.
All the Judges concurring.
A true copy.
Attest: w. II. GATES,
Tseall Clerk.
Kansas Court Of Appeals, Northern De-
partment, Central Division.
No. 2l4
The Kansas Town e. Land Co., plaintiff in
error,
vs..
j. M. Allen, treasurer Of Smith county,
Kansas, and the City OF Kensington, de-
PENDANTS in error.
Error from Smith County District Court.
REVERSED.
Syllabus.
1. All facts necessary to give a Board Of
County Commissioners jurisdiction under
Sec. 2, Ch. 19a, Gen. Stat. 1889, to authorize
me eit nC9rRoraiGn co tnd or town town or village Is
record of such proceeding.
2. 1t must so appear that petition signed
by majority of the electors Of an unin-
corporated town or village, accompanied by
proof that it had been published as re-
quired by law, was presented to the board
to give 1t jurisdiction to act, and city
government based upon an order of the
hoard without such jurisdictional facts SO
appearing may be corporation de facto
but not de jure.
3. Such de facto corporation cannot refer
to such order as authority for or base its
corporate acts upon such unauthorized
order.
4. That provision of the section requiring
the board to designate the metes and
bounds of such city in its order is not COM
piled with by the fact that in reciting the
substance of the petition, as required by
another provision Of that section, the metes
and bounds as prayed for appear, unless
the order In terms adopts them by specific
reference thereto.
5. In an action by a property owner to
enjoin the collection of a tax levied thereon
by city Of the third class, having such de
facto corporate existence only, whether
the property is within the corporate limits
and subject to the levy is a question of
fact to he determined from all the evidence
adduced at the trial, and such order Is not
competent evidence thereof.
All the Judges concurring.
A true copy.
Attest: w. Fl. GATES,
[SeaLl Clerk.
The Advocate and news., 1897-12-01

mortgage, the purchaser thereof does not
the first mortgage.
3. Where q person buys piece OF land
with the distinct understanding that II Is
subject to q prior mortgage, for O price
that would be understandable II for the
full title, and the deed taken under said
sale expressed on Its face that 1t was sub
Ject TO the first mortgage, such purchaser
Is estopped from asserting his title as
against said first mortgage.
All the Judges concurring.
A true copy.
Attest: W. II. GATES,
[Seall Clerk.
The Advocate and news., 1897-12-01
published December /, 1871
Appellate Court SyIIabi.

Kansas Court OF Appeals, Northern De-
partment, Central Division.
No. %O
A. H. Hale, plaintiff in error,
VS..
William Docking, ct AL, defendants In err
rOr.
Error from Clay County District Court.
REVERSED.
Syllabus.
/. A deed Of general warranty conveyed
several tracts of land among them this
tract, viz: Lot Z, except the perpetual
use Of the following described lands" de-.
scrlbIng the exception by metes and
bounds. Lot In q Congressional survey
containing forty acres. The exception con-
tains eleven acres thereof. The exception
is not repugnant to the grant contained In
the description
2. The evident intention Of parties to a
deed must be given effect the same as In
other writings.
All the Judges cQncurring.
A true copy.
Attest. w, H. GATES,
Iseal1 Clerk.
The Advocate and news., 1897-12-01

Kansas Court OF Appeals, Northern De-
partment Central Division.
No. 261.
Hannah RothsehiId and The First National
Bank OF Cobleskill, N. Y, plaintiffs In
error,
VS..
John Kraft, Jacob Gottschall, Mary Ann
Gottschall and s. ]. NORM, defendants
in error.
Error from the District Court Of Saline
County.
AFFIRMED.
The Advocate and news., 1897-12-01

LOebl.l Ctclh'
Kansas Court Of Appeals, Northern De-
partment, Central Division.
No 1885,
The York-Ritchie Exchange Sc Investment
Co.. ct al, plaintiffs In error
vs..
VIM. W. Mitchell, ct al, defendants in err
Error from Saline County District Court.
AFFIRMED
Syllabus.
l. BY the terms OF a mortgage securing
the payment OF note due In five years,
the holder has an option to declare the
note due In advance OF maturity, by its
terms, upon the occurrence OF defaults OF
the maker. There Is in such case q fur
ther extension Of time in the parties con-
temptation, and the statute of limitation
does not begin to run against the cause
Of action on the note until the holder
exercises such option by declaring the
note due or some act equivalent thereto.
2. Upon the question Of the validity of
the notice Of tax sale, the decision In Con-
nor v. Gnhlnnan Is followed.
All the Judges concurring.
A true copy.
Attest: w II. GATES,
TSeall Clerk.
Kansas Court Of Appeals, Northern De-
partment, Central Division,
No. 2ia.
q Alexander Henderson, plaintiff in error,
VS..
The New England Loan & Trust Company
defendant In error.
Error from the District Court Of Republic
County.
AFFIRMED.
Syllabus
/. Where the evidence in a case would not
Justify such answers to special questions
asked as would authorize a judgment for
the party asking the question, 1t was not
error for the court to refuse to submit
such questions to the jury.
2. Where a loan OF money Is evidenced by
first mortgage to secure the principal
sum and part of the interest and q sec
0nd mortgage 70 secure the balance OF the
interest agreed on, said mortgages consti-
kute separate and distinct liens; and where
the second mortgage is foreclosed and the
mortgaged property sold subject to the first
The Advocate and news., 1897-12-01

tSHeT' AtSLIeTSI' w. H. IA lTMio,, Tio,,,,
Kansas Court Of Appeals, Northern De-
partment, Central Division
No. 296.
The State Of Kansas appellee,
VB.
Luther II. Knoby, appellant.
Appeal from Lincoln County District Court,
Syllabus. BY the Court. McElroy A. J.
1. An information charging "That on or
about the fourth day Of November, A. ID.
1885, In the county of Lincoln and State OF
Kansas, one Luther Knoby did then and
there unlawfully sell, barter and give away
spurious, malt, Vinous and fermented i'm
toxicating liquors, without taking out and
having a permit therefor as provided by
law and then and there not being lawfully
and In good faith engaged in the business
Of druggist" Is not direct and certain
az to the offense charged. II leaves the
defendant uncertain as to which of the two
Offenses he will be required to meet, with
out taking out permit thereof or
whether he Is to meet the charge that the
sale was made by him, having a permit and
mot then and there being lawfully and in
good faith engaged In the business of a
druggist.
2. An information charging THAT on or
about the 25th Of November, A. ID. 1896,
In the county OF Lincoln and State of Kan
sas, one Luther Knoby did then and there
unlawfully own and keep place where
intoxicating liquors were sold, bartered and
given away in violation of law, and did
then and there permit persons 10 resort
for the purpose Of drinking Intoxicating
llquoi9 as a beverage, and intoxicating
liquors then and there being Kept for sale,
barter and delivery in violation of law,
such place being In a building located on
lot IL, block 2S, In the town of Sylvan
Grove, in Lincoln county, Kansas to the
common nuisance of the people Of said
county AMI State contrary to the statute
in such cases made and provided" SutH-
clently describes the location to sustain a
judgment of conviction Hereunder.
All the Judges concurring.
A true copy.
Attest: w. II. GATES,
[SeaLl Clerk
Kansas Court OF appeals, Northern De-
partment, Central Division.
No. 2S9
The Board of County Commissioners of
Cloud County, Kansas, plaintiff in error,
VS..
The Citizens National Bank of Concordia,
Kansas, w. w. Caldwell, John Kelly,
J. W. Peterson and ]. L. st. Clair, de-
PENDANTS In error.
Error from Cloud County District Court
ON MOTION ovERRULED.
Syllabus. BY the Court
A case-made for the Court of Appeals
cannot be amended or supplemented in
this court by inserting anything therein
or attaching anthing thereto which did
not belong to the "Case-made" and con-
stitute a part thereof when 1t was origi-
nally settled and signed by the Judge and
attested by the Clerk of the court below.
All the Judges concurrng.
A true copy.
Attest: w. Fl. GATES,
tSeal.l Clerk
Kansas Court of Appeals, Northern De-
partment, Central Division,
No. 26O.
s. A. Hoyt, plaintiff in error,
VS..
c. A. Carpenter and j. c. Modlin defen-
dants In error.
Error from Jewell County District Court
AFFIRMED
Syllabus. BY the Court. McElroy ].
l. Where an answer admits the execu-
tl0n OF and the endorsements upon prom
issory note, but denies all other allegations
The Advocate and news., 1897-12-01

1885. These proceedings in error not hav-
the rendition Of the judgment or making
Of the final order complained Of, and 1t not
appearing that said plaintiff In error is an
infant, q person Of unsound mind, or inn
prisoned, the motion to dismiss the pro-
ceeding in error will be sustained
All the Judges cOncurring.
A. true copy
Attest: w. II. GATES,
tSeal.l Clerk.
The Advocate and news., 1897-12-01
Syllabus.

/. Where a petition to foreclose mort
gage Is filed that states that the debt
secured by said mortgage Is a first lien
upon the real estate therein described sub
ject only to balance due upon o. certain
mortgage OF $1,000 to John Kraft and the
copy Of the mortgage attached 10 said pc
titlon as the instrument foreclOsed stated
that the premises are free and clear OF all
incumbrance except one mortgage Of 5000
In favor Of John Kraft, and the court, with
out having his attention called to the petit
tlon or the allegations thereof, and not
being informed as to what they contained,
by Inadvertance and mistake approved a
Journal entry prepared by plaintiffs attor- t
closed, first lien upon said property and
barring the interest Of all the defendants
the court upon having his attention d.
rected to the facts as herein stated 20 set
aside said judgment and to so modify the
same as TO protect the rights Of all parties
thereto.
All the Judges concurring.
A true copy
Attest: w. H. GATES,
[Seal1 Clerk.
The Advocate and news., 1897-12-01
Kansas Court Of Appeals, Northern De-
partment Central Division.

Kansas Court Of Appeals, Northern De-
partment, Central Division.
No. 264.
J. w. Higgins, plaintiff in error
VS..
The Board of County Commissioners of
Mitchell County, Kansas, defendant in
error.
Error from Mitchell County District Court.
AFFIRMED.
Syllabus. BY the Court. McElroy, ].
l. Chapter 14O, laws 1895, entitled "An act
regulating the fees and salaries of the
County Treasurer, County Clerk County
Attorney, County Superintendent, Clerk of
the District Court Sheriff, Probate Judge,
Register of Deeds. County Surveyor and
Coroner of Mitchell county, and prescrib-
ing penalties for the violation thereof" is
constitutional.
g. Under the provisions of section /, chap
ter l4O, laws Of 1895, the County Treasurer
of Mitchell county is entitled TO receive an
annual salary of $500, and no more, as
full compensation for his services.
All the Judges concurrine.
A true copy.
Attest: w. H. GATES,
[Seal.l Clerk
Kansas Court of Appeals, Northern De-
partment, Central Division.
No. go
J. D. Emerson, plaintiff in error,
vs..
c. w. Thatcher, as administrator of the
estate of Charles Thatcher, deceased de-
fendant in error.
r,n.a- s.o,, c,o,,A Co,,n.,, TD.,4,;.A g..
AFFIRMED.
l. The Clerk Of the court issued an at
The Advocate and news., 1897-12-01


Kansas Court Of Appeals, Northern De-
partment, Central Division.
No. 1853.
Standard Oil Company, ct al, plaintiffs in
error,
vs..
c. II. Ahgevne, defendant in error.
Error from Cloud County District Court.
AFFIRMED.
Syllabus.
A levy of execution by q Sheriff or Con-
stable on intoxicating liquors and a sale
hereunder, Is in violation OF the letter and
spirit of the constitution and statutes of
this State and cannot be maintained by
the courts.
All the Judges concuTring.
A true copy,
Attest: W. II. GATES,
[Seal.l Clerk.
Kansas Court of Appeals, Northern De-
The Advocate and news., 1897-12-01

Issue the ownership Of such note, and chal-
lenges the right OF the plaintiff to recover
thereon. A general demurrer TO such an
swer as a whole was properly overruled.
A demurrer which reached the whole plead
ing, cannot be sustained, II the pleading
Is good in part.
2. The right of the trial court to grant
leave to, file pleadlngs Is found In Sec. lO6,
Code OF Civil Procedure. This section
leaves the matter of allowing pleadings to
be filed after answer wholly In the discre-
ton OF the trial court
3. An objection and exception must be
taken at the time "to remarks Of counsel
in the trial of cause In order to be avail
able in this court No objection to the
remarks OF counsel at the trial can be con-
sidered by this court, unless exceptions are
taken at the time Of the trial.
All the Judges concurring.
A true copy.
Attest: w. H. GATES,
[SeaLl Clerk.
The evening times., 1897-03-02
THE CHORAL SOCIETY.
Admirable Rendition by 1t of Men,
deIssohn's "Hymn of Praise"

BY far the most pleasing entertainment
which the Choral Society has givenin years
was presented to a cultured andfashionable
audience at the Congregational Church
last night.
The feature Of the evening was Mendel-
ssohn's Hymn of Praise" sung by the
fun chorus and all the soloists This
oratorio was written by Mendelssohn in
honor Of the four hundredth anniversary
OF the invention of printing, which was
celebrated at Leipsic in June.
The solo parts Of the oFatoriO were sung
most acceptably by Mile CorniIle Sey-
gard, soprano; Mrs. C. H. Browning, So
pranO, and Mr. II. Evans Williams, tenor.
Josef Kaspar directed the chorus and John
Porter Lawrence played the aocompani-
ments on the great organ.
Preceding the oratorio the following
selections were sung: Halleuiah chorus
from the Mount OF Olives" Beethoven,
by the Choral Society; the mad scene FROM
Hamlet Thomas, by Mrs Browning;
cuius AMMAN from "Stabat Mater Ros-
sini, by Mir. Williams, and "IIe est doux" from
"Herodiade," by Mile Sevgard
The work of the choral society was
characterized 10y great spirit and excel
lent time, while the soloiSts were all in
good voice.
The evening times., 1897-03-02
johnson &luttreI
713 Market Space.

preparing the train for its journey over
the mountains.
After the address and during the re-
mainder OF the wait Maj Mckinley stood
most OF the time upon the steps OF the
rear car, shaking hands with and kindly
greeting all within reach As the train
slowly moved out of the station at II.55
O'Clock the President-elect, with his wife.
stood in the rear door, bOwing and wav-
ing the il farewells.
Johnstown, Pa, March 2-The special
train, bearing President-elect Mckinley
and party, passed through the city at
2:O4 this morning.
Altoona, Pa, March 2-The special
train in which President elect Mckinley
and party are journeying to Washington
arrived in Altoona at $40 a m. and de-
parted at 3:15. There were about $50
people at the depot.
Harrisburg, Pa, March 2-The Nc
Kinley Presidential train passed through
Harrisburg at 6:45 this morning Sew
eral hundred people were at the Union
station to welcome the President-elect,
but the window shades were drawn and
every one aboard the train was apparently
sound asleep. While the train stopped
the people crowded around the cars and
admired the floral pieces, which were in
sight.
When the train rounded the curve west
of the city, Lieut.. W. F. Richardson, in
charge of the force at the state arsenal,
began Presidential salute with a twelve
pound cannon, which continued to belch
forth its greeting while the train remained
in the station. 1t was here ten minutes,
and after the engines and crews had been
changed the train moved on to Washington
Hanover Junction, "a, March 2 -Presi-
dent-eiect Mckinley had made his toilet
In time for an appearance at York, Pa,
where he encountered big demOnstTa-
ton. notwithstanding the fact that Mr.
Mckinley had remained up until after
midnight and had gone on the platform
crowd along the line, he appeared as
fresh as a daisy this morning Every one
was sUrpriS ed at his exhuberance and health
ful enthusiasm. The sight OF cheering
crowds seemed to act as a tonic on the
President-elect.
At York the entire population seemed to
have turned out and lined up along the
tracks and at the depot. Whistles saluted
and flags We're waved as the train pulled in
and departed Unfortunately. Mr. McKin-
Iey's car was put next to the engine, and
be could not appear to the crowd as he
did last night, but bowed his acknowI-
edgments Of the big demonstration from
the car window.
The evening times., 1897-03-02
GOMEZ WANTS FAIR PLAY
Does Not Ask for Help From the
United States.
Cubans Eager to Struggle Alone
Against Spain, Not Spain Aided
by the President.

New York, March 2.-The Suns Havana
correspondent sends the following state
ment, given to him 10y Gen. Maxine Gomez
at his Santa Clara camp, on February 25:
II suppose that the American public is
well aware now OF the fact that we want
only the absolute independence of the isl
and from Spain But there is one thing
that | wish 10 add thatit may be clearly
understood by every man in the United
States, especially as it appears that their
administration will now be in the hands OF
men who love more dearly the honor Of the
nation. What | should like every Ameri-
can TO know is this:
I've do not seek to involve the United
States in a war with Spain We do not try
in the least TO compromise that country In
our struggle, >Or to win our independence
with any material help from the Ameri.
cans
NO, we do not want American help, aud
we did not count upOnit when we revolted
against the tyranny OF the spaniards But
we do not like To see the American nation
siding with our eRemies, the American
warships haunting our expeditionary
steamers, the American police ar
resting our friends abroad and serv-
ing oh, shame for the country OF Wash
ington! agents Of theS Spanish monarchy
We like airneutrahty. Welike TO Strug-
gle alone against Spain, not against Spain
helped by the powerful resources at the
command Of a President Of the United
states. / know that the American nation
does not approve such conduct, and is in
full sympathy with our cause. thank the
American people as l thank the Ameri-
can press, and am hopeful that President
Cleveland"
The evening times., 1897-03-02
Carroll Institute Fair.

The fair for the benefit of Carroll In
stitute will close tonight with an auction.
The second week was highly successful.
Owing to the generosity OF friends Of
the institute an unusually large number OF
donations were received. There are still
on hand at the various tables and booths
many beautiful pieces of fancy work. house
hold ornaments, bric-a1brac and paintings,
and lot OF cigars. groceries, canned goods
and table delicacies, These goods will all
be sold tonight at auction. After the sale
the executive committee will announce
the awarding Of the prizes on the combina-
ton ticket. Ice-cream and refreshments
will be served during the evening. and the
fair will close with dancing in the main
hall.
The evening times., 1897-03-02
TWO TAILS.
Also Two Tales.

Several years ago one of the popular
bumorists, scientifically inclined, con-
Cluded to make some experiments with
iced tea. the popular summer drink. The
result OF his Investigations is given in
his own words:
II secured sample of the tea at one of
the restaurants in town to get a fair aver
age of the article used. / took teaspoon
full of the liquid to the household pump;
1t was stirred into large tub filled with
water, and in moment the color of the
tea had disappeared, Any one will admit
that this solution would seem harmless
even to the healthy lower animals We
had some young puppies in the barnyard,
and l procured two of the smallest of
them: they were allowed to lap at the
liquid and then their heads were held
under the water for fifteen minutes. 1t re-
suited in the death of both the puppies, and
the dangerous properties of the decoction
were made apparent"
1t is all very well to have a bit of fun
from the experiments in food and drink,
hut there are many nowadays who are
really hurt, and hurt seriously from the use
of coffee.
A new breakfast beverage has been pro-
duced which looks like coffee in the deep
seal prown color, and which changes to
the rich golden brown of thick Mocha when
cream is added 1t has been introduced
extensively this season and is made from
cereals, the common grain of the field. 1t
is nourlshing and heaithful, without having
the hurtful properties of coffee. The weak
est stomach can handle the grain coffee,
and the taste and the color is so agreeable
and coffee-like that it fills the place
nicely. This food-drink, Postum, can be
given to small children regularly for coffee
at breakfast, and is nourishing and fattens
their bodies. tits liquid food. made from
the grains the Creator intended for mans
subsistence. Manufactured by the Postum
Cereal Co., Lin, Battle Greek, Mich.
'Just as good as Postum Cereal are
words used to defraud the public.
The evening times., 1897-03-02
Notice to the Public.

The passenger department OF the Penn
sylvania Railroad announces that on ac-
count OF the heavy traffic incident to the
inauguration, the accommodation trains
on the Baltimore and Potomac division to
Baltimore and intermediate points now
leaving the Sixth street station at 625
and 11:50 a. m, 4-36 and els D. m. 4,
and on the Washington Southern division.
for Alex xandria, QuantieO and intermediate
points, leaving at 7:45 a. m. and 425
p. m, will, on March 2, 3. and 8 leave
from Ninth street and Maryland avenue
southwest. Corresponding sccommOda-
ton trains arriving at Washington on
dates named will discharge passengers a5
same point C. C.STUDDS p. A. s. E. Dist:
1t
The evening times., 1897-03-02

dries and mills were Illuminated, and when
the train passed the works OF a great steel
company, Just east of PittsbUrg, huge vol
umes OF flame and sparks belched from
hundred cupolas and blast furnaces.
It was pillar OF fire by night. for the
advance agent Of prosperity. After break
fast Major Mckinley walked through the
train and shook hands with all his guests.
The train service was excellent through
out, and was under the constant supervi-
sion of C. L. Kimball, assistant general
passenger agent Of the Pennsylvania lines,
who was the official chosen to accompany
Major McKinley's train from Canton to
Washington.
The evening times., 1897-03-02
LIKE A METEOR'S FLIGHT.
McKinley's Train Made a Line of
Light Along It's Trail.

Baltimore, Md, March 2.-Major Nc
kinley rested well and seems in no wise
fatigued by the nights ride and the ex-
element.
The brilliant scenes oflast night were re-
peated all along the route this morning
AT every station and hamlet and town there
were crowds OF people waiting to cheer the
train, as it dashed by.
AT Whitehall, Md. there is small school
house and the pupils each wavingan Amer
ican flag, were formed in rows near the
track The demonstration last night did
not cease till after O'Clock The progress
of the train was like the flight of meteor.
1t left a trail OF light behind it. There
were thousands OF bonfires, torches and
rockets blazing. Scores OF rockets, foun-
The evening times., 1897-03-02
Assaulted bv His Brother.

Policemen Lanahan and McNamee were
called to the corner of North Capitol and
streets last night by the vigorous footing of
police whistle. They found Robert simms
leaning against rail and bleeding pro-
fusely from bad cut on the head. The
injured man said his brother, Henry Simms,
had struck him with brick. Robert was
sent to the Emergency Hospital in the pa
troll wagon, and Policeman Lanahan is
looking for Henry