davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-21
Low
Prices

We have a large assort-
ment of these goods, eX-
quisitely shaped and hand
somely decorated. We have
also some very pretty Parian
marble statuetteS, than which
nothing could De prettier for
a parlor or library ornament.
These are by no means COM
mon goods and for the quail
ity the price is extremely
low.
Our stock of the ever
popular WedgeWood ware is
large enough for anyone to
select from. The articles are
specially adapted to the par
lOr.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-21
LAND CRABS WIN
Not Enough Water for
Naval Officers.
Large Crowd Present Some
Interesting Plays
Made.

One of the neatest things in the ball
game yesterday was the grand march
of the opposing teams just prior to the
game The teams marched in opposite
directions around the bases, those 60
| ing to the right hating at third and
those to the left stopping when they
got around to first base. Then they
marched obliquely across the diamond,
meeting at the pitchers box, where
they were joined by Mr.. Wurtzbaugh
and little Ward Winchell, mascot of the
naval team, and in one company front
they marched back to the players
bench, the band playing Work, You
ferries, Work.
1t was a bad day for the naval men,
possibly because it was dry on the dia-
mond. Willie Lucas prophecy came
true all right, for the naval men didn't
play little bit DR.. Smith played I'M
der disadvantages, and though doing
his utmost at all times, he did not
keep up the record began at the pre-
Vious game. His gait was good evil
dence that one of his legs was longer
than it really ought to be.
In the first inning, Willard had an
opportunity to display his fine catching
qualities, when Mott-Smith sent a ball
to him, but he ran past. He caught a
ball real we'll later in the game, but it
was too much exertion for him, and
he retiderd. Hayward, out in center,
caught Adams out on a fly and the la
dies shouted. There were numerous
fumbles on both sides, and this gave
golden opportunities for runs. McCor-
mack and ToZer made a good battery
for the naval men, and Lucas and
Hayselden did first rate for the town
boys.
The opinion on the ground seemed to
be that if the naval men could have
all played as we'll as Coontz the score
would have been different Twenty
six to Is, in favor of the town team,
was as big a surprise to the officers as
DR.. Smiths first strike out was to him
self.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-21
LQV1 Tennis P|0ye|S

]. NJ WEBB, of the GOLDEN RULE
BAZAAR has just received a stock OF
the famous F. H. Ayres' Lawn Tennis
Rackets direct from London, the same
Racket that is used in the champion
ship games Of England, Ireland, Scot
land, Wales, Canada, Australia and
India. They are BEAUTIESl Play
ers are invited to call and inspect
them. Hawaiian Fans, Ukuleles, Taro-
Patch Guitars, Hawaiian Sheet Music,
Picturesque Hawaii, Shells, Photogra-
phfc Views of Island Scenery, Etc.
Books, Stationery, Office and Type
writer Supplies. Prices right.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-21
Orna-
Articles

In among the
more substantial ones make
the home attractive. Fine
vases, in beautiful shapes
and designs are made now
~ per cent. cheaper than
they were a few years ago.
Ten years ago such things
were to be found mainly in
the dwellings of the rich
now anyone can have them
owing to the
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-21
BET TER STAY AT HOME.
Not All the Gold is In KIondfke
Region.

NOU All IHe OoIu II III
Region.
REDDING, August S.-News reached
this city today of a rich mining strike
made in the well-knOwn Chloride and
Bailey mines, near DERRICK, Trinity
county, during the first part of the
week. The ledge, an immense body of
rich ore, was unexpectedly encountered
at depth of-200 feet by crosscut tun-
mel. The vein, where cut, is from three
to five feet in width, yielding quartz
of a dark color, carrying big values in
free gold and sulphurets and is very
similar in appearance to that of the
famous Niagara mine of French Gulch.
which has yielded many thousands of
dollars to it's owners. Careful tests
show that the rock will run $50 to the
ton. The ledge is firmly placed, with
walls clearly defined, and gives every
indication of permanency. There is a
large amount of stopping ground.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-21
The Verdict

From all quarters on our new ACORN last in Mems
Calf and Russia Balmoras is, they cannot be beaten"
The phenomenal sale that we having on this
special shoe is guarantee that the shoe is good
one built right, and properly lasted.
We had a large invoice but fear that
going to short.
The advocate., 1897-07-21

ment Of grain upon q promise, express or i'm.
piled, 10 redeliv0r the same, or other grain Of
upon demand, and fails 90 do 90 within q T0a.
sOnAble time after demand ,ig liable 10 the party
injured for the value OF Che grain 20 withheld
as che time it should have bBen delivered,
although luch bailos continuously aV0Wed
but Jailed to do 30.
3. Where Q conBlgnm0nt 10 made TO q bAllee
for hire accompanied with specific directions
as 20 how the property Is 10 be disposed OF,
the bAilee must either refuse 20 accept the
consignment Or comply In substance with che
instructions given.
A true copy.
Attest: VIII. THOMPSON,
(sRALl Clerk
The advocate., 1897-07-21
In THE KANSAS oOusT OV AgRsA1s,

In THE KANSAS C0URT or APPKALs,
NORTHERN DEPARTMENTi EAsTERN DIVISION.
NV. II. Thompson, Clerk Of the Kansas Court
OF Appeals, Northern Department, Eastern Di.
vision, do hereby certify that che foregoing are
true and correct copies Of the syllSbl OF the
deciaions in the above entitled caB0s as the
same appear on hl0 In my office.
witness my hand and the official seal Of said
r.n,1 court, this 18th day Of July, 1877.
lsEALl w. III. THOMPSON,
Clerk Kansas Court OK Appeals, Northern
Department, Eastern Division.
The advocate., 1897-07-21

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 24S.
Joseph Guild, plaintiff in error,
vs.
Ohio Lodge No. 1S2, l. o. o. f., defendant In
error.
Error from Shawnee County Circuit Court.
REVERSED.
SYLLABUS. BY THE COURT. MCELRoH, J..
1. The following clause In lease, "AlsO de.
mise, set over and lease 10 the same parties as
part Of said contract, and for the same CON-
sideFAtton, an entry and stairway on the west
side Of the said building situated As above de-
scFibed; the said entry and stairway leading
from the ground floor and street to said Sec
Ond story; the said entry and stairway to be
OF the width OF four feet: Held, that the
leased premises being on lot z, the words
"leading from the ground floor 70
said second story" mean "from the ground
floor" Of such building, and that the words
"situated as above described" refer TO the
stairway upon the leased premises. That said
clause in said lease does not in terms grant
any rights In lot s.
The plaintiff in error must recover upon
the allegations Of It's petition; the petition
alleges no other basis OF claim to the stairway
Ln1quesuOn IMAM tne WEltten le9se. HO oral
contract, agreement or right by prescription
Is alleged. The defendant In error says:
1.-THE defendant Ia error relies upon the con-
tract as set out in It's petition for its right 10
an easement over the east four feet OF lot 8,
upon the stairway there erected as a means OF
access TO and from Its lodge room and TO and
from Railroad Street" 1t cannot prevail upon
another contract than the written lease. The
lease does not in terms give any rights In and
TO lot g. The leased premises are stated TO be
on lot Z, and under this lease It's rights are
confined TO lot7.
A true copy.
Attest: VIII. THOMPSON,
[sEALl Clerk.
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 9l6.
AdSlire 8. Taft, 90 Administrative OF che estate
Of K. A. Taft, deceased, plaintiff in error,
vs.
Margaret 8. Burrsll, defendant In error.
Error from Shawnee County Circuit Court
DISMISSED.
SYLLABUS. BY THE COURT. MAHAN, P. ].
Nj. In an action to foTeClOse q mortgage In
which there Is personal judgment against che
mOrtgagOP In favor Of several different claim
ants for liens, and the lien Of plaintiff In error
in this court is denied and the liens OF other
parties awarded TO them, and the plaintld In
error In this court seeks TO enlarge his tudg-
ment against the mOrtgag0r and to establish
HIS Hen against che property In controversy
by his petition in error In this court the mort
gagOrs are necessary parties to the petition In
error herein, and without the presence Of such
mOEtgggoTs this court has no jurisdiction OK
the case 20 determine such contention and In
their absence the petition In error will be dis
missed.
A true copy. -
Attest: W. h THOMPSON
[sEAL1 Clerk.
The advocate., 1897-07-21
KansSs Court OF Appeals, Northern Depart.
ment, Eastern Division.
No. 9B9.

ment, Eastern Division.
No. 9S2
Mary N. Locke, plaintiff in error,
Vg.
Margaret Redmond, defendant in error.
Error from Nemaha County District Court.
AFFIRMED.
SYLLABUS. BY THE COURT. McELRoY, ].
LAmOTtgGge given upon the homestead with.
out the Joint consent OF husband and wife is
void. The alienation OF q homestead after IL has
once been established is such personal priv
llego as cannot be delegated by either the hua-
band or wife 70 the other. There has been q
guard thrown not only around the wife, but
also around the husband. The doctrine OF
unity between husband and wife has been
s0l9mnly declared In che constitution, and
tho homestead cannot be alienAted without
their joint consent
2. The provisions Of chapter 60, laws Of 1880,
apply TO the estate other than the homestead
OF Insane persons, II such provisions were
intended TO apply TO the homestead, they are
In conflict with the constitution, and to that
extent void
0. The right Of subrogAtion denied, whore It
IL not asked In the petition and where the
record fails TO show that the trial court was
requested to make such order.
A true copy.
Attest: w.H. THOMPSON,
[sRALl Clerk.
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 954.
W.H.H. Freeman, plaintiff in error,
vs..
@. w. TrlGkelt, Il. B. jennings and A. w. Little,
defendants in error.
Error from Wyandotte County Court Of Com.
mon Pleas.
REVERSED.
SYLLABUS. BY THE COURT. MARAN, P. J.
/. A petition that alleged that the plaintiff
was induced by the fraudulent and untruGh-
full misrepresentation OF the defendant TO
buy from him and pay for the capital stock Of
O corporation, the same being utterly value
less, and that the defendants knew at the
time they made the representations OF the un"
truthfllness thereof, and that the plaintiff,
relying upon such statements, parted with
his money and bought stock, states but
one cause Of action sounding In tort, and II
presented by the defendants to the evidence
Of she plaintiff in support thereof to require
the plaintiff 20 state or say by what common
law name he denominSted his cause OF action.
A true copy.
Attest: W. H. THOMPSON,
[sEAL] Clerk.
The advocate., 1897-07-21
Kansas Court OF Appeals, Northern Depart
ment, Eastern Division.

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 9lS.
Carl Ortman, executor Of Fred Ortman, de.
ceased, plaintiff In error,
William w. Dennison, defendant in error.
Error from Shawnee County Circuit Court.
MODIFIED.
SYLLABUS. BY THE COURT. MAHAN, P. J.
This cause coming on for decision this 18th
day Of July, 1897, having heretofore b8eD
argued and submitted, IL is by the court ad-
judged that the Judgment OF the District
Court OF Shawnee County be modified by elm
mating lheHefrOm that part OF said judgment
awarding execution against the plaintiff In
error.
It Is further considered and adjudgsd by the
court that the plaintiff in error pay tho costs
OF this proceeding taxed at 81.
AlstesG: WI. THOMPSON.
lsBALl Clerk.
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 95l.
G. A. Lyman, Sneathen VilOtt, G. w. Vil0tE,
IA. Fulton and Fred Uksle, plaintiffs in
error,
vs..
The First National Bank Of Seneca, Kansas,
defendant In error.
Error from the Districb Court Of Nemaha
County.
REVERSED.
SYLLABUS. BY THE COURT. MAHAN, p. J.
!. The statutes Of Kansas In relation 10 tax.
alton imposes upon National bAMks the duty
Of paying ths tax assessed against tina share
holders therein, and authorizes the Treasurer
OF the county whore the bank Is situated 60
tssns warrant therefor in case OF Ghs failure Of
she bank TO pay.
A tEue copy.
Attest: w. III. THOMPSON,
EsHALl Clofk.
The advocate., 1897-07-21
MOTIONS TO CORRECT RECORD AND FOR
A REHEARING DENIED.
SYLLABUS. BY THE COURT.

SYLLABUS. BY THE COURT. WELLS, j..
/. A motion TO correct the record OF case
brought TO this court on appeal will NOT be
considered after the case has been submitted
on the record TO this court, aud the Judgment
OF the court below affirmed, unless motion
for Fehearing Ia allowed upon proper applI'
cation and grounds therefor.
2. An application for FeheAring OF cause
will not be granted unless IL clearly appears
that some question decisive Of che case and
duly submitted by counsel has been over
looked by the court, or that the decision ig In
conflict with On express statute or controlling
decision TO which the attention OF the court
was not called, or which has been overlooked
by the court.
A true copy. .n.,,
Attest: w. III. THOMRsQNs
TsEALl Clerk.
The advocate., 1897-07-21

Kansas Court OF Appeals, Northern Depnrk
ment, Eastern Division.
No. 594
Board OF County Commissioners OF Atehison
County, plaintiffs In error.
Vi.
Timothy D. Sullivan, defendant In error.
Error from Atchison County District Court.
MOTION TO DISMISS DENIED.
SYLLABUS. BY THE CoUR7. McELRov,J
/. The Judgment OF che trial court was ron.
der0d on Che 26th day OF October, 1895 al
which time the defendant In Che court below
prepared his case for review and hlOd his p0ti.
tiOn In error, together with O cNSe.mGd6 IA
the Supreme Court on che 10Th day Of January,
1895; tha case was afterwards transferred 10
this court by order OF the Supreme Court and
hled In this court February 9S, 1897: Held, (l)
that under section 40 Of the act OF 1895 the
filing OF the record In che Supreme Court WAS
equivalent to hltng the same In this court; (3l
that whore party complies with the statute
In the commencement OF proceedings 20 va
cate q Judgment by petition In error and case
made, and by some mishRp or mistake suCh
case Is 6l0d In the Supreme Court when it
should have been hled in the Court OF APP
peals, such act is deemed and held o COM
menCement Of proceedings In error
A true copy.
Attest: VIII. THOMPSON,
[sEALl Clerk.
The advocate., 1897-07-21

when writing advertisers mention this paper
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 4S5.

AnoAb9 HSgbpAA DANA@A~@s
No. 4S5.
John @. Douglass, plaintiff in error,
Vg.
The City Of L9aVenWOPth, The LeaY0hW0rGh
Depot and Railroad Company, Board OF
County Commissioners OF the County OF
LeavenWoFth, defendants In error.
Error from the Districs Court OF Leaven.
worth County.
REVERSED.
SYLLABUS. BY THE CoUBT. MAEAN, P. J..
1. private party whose property 10 gp0s
cially, peculiarly and injuriously affected BY
the erection and maintenance Of public
nuisance, may maintain an action 10 ab2ee
the same and restrain She maintenance
thereof
q The erection and maintenance Of depot
building upon public street in q city Of the
hTst class Constitutes Q public nuisance, and
City Council OF such city cann0t By 0roi-
nance lawfully authorize the construction
and maintenance OF such nuisance.
Attest: wv. Ia. THOMPSON,
IsRAEl GlAEks
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.

No. 900.
W.. H. H. Freeman, plaintiff in error,
VS..
WyAndotte Loan & Trust Company, defend
ant in error.
Error from Wysndotte County District Court
AFFIRMED.
SYLLABUS. BY THE COURT. MCELRoY, ].
/. Where On action pending in Justices
Court 10 continued 20 o'clock o. m. Of o GER
tain day and the Justice makes an entry OF
such continuance In his docket, and after.
wards ct about 10 O'clock, at the request OF
the defendant, In the absence OF the plaintiff,
diGmisses the action for want OF prosecution
and renders judgment for costs, such iudg.
ment on motion OF the plaintiff may be va.
Gated because Of its rendition before 10
o'clock and o new trial granted ON reason
able notice Of such motion being given to
plaintiff.
2. In an action before Justice Of the Peace,
o judgment Of dismissal was, In the opinion
Of the Justice, improvidently entered. The
defendant appeared, contested the motion to
set tHside the default, took part In the trial,
appealed 20 the District Court and afterwards
testified at the trial, is by reason OF such acts
estopped from claiming chat the District
Court had no jurisdiction Of his person.
A true copy.
Attest: w. H. THOMPSON,
[sEALl Clerk.
The advocate., 1897-07-21

made, and by some mishap or mistake such
case 10 6led In the Supreme Court when it
should have been Aled in the Court OF Ap-
p0als, such act Is deemed and held o COM
mencement Of proceedings In error
Attest; VIII THOMPSON,
lsEAL Clerk.
Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.
No. $50.
The City Of HoltOn, plaintiff in error,
Vn,
James Stanley, defendant in error.
Error from the District Court OF Jackson
County.
REVERSED.
SYLLABUS. By THE CoURT. MAHAN, p. J.
1. After an appeal has been perfected by the
defendant from @ Judgment Of conV ViCtion OF
. Police Judge In city Of the second class
city, the Police Court has no longer any juris-
dicEiOn OF the case, and an order made BY him
thereafter diGmigsing such appeal 10 without
jurisdiction and 10 void.
Attest: VII. THOMPSON,
[sEALl Clerk.
Kansas Court OF Appeals, Northern Depart.
menG, Eastern Division.
No. sos.
The City OF Holton, plaintiR,
w.
william Mannix, defendant.
Appeal from Jackson County District Court.
DISMISSED.
SYLLABUS By THE CouRT. MCELRoY, J.
This is an appeal by william Manni1 from
q Judgment OF conviction In the District C0uEb
of Jackson County for tho violation OK city
ordinance. The case was brought 60 that
court on an appeal from che Police Court Of
the city OF Holton.
IL appears that on the 11th day OF April,
1897, the appellant became . fugitive from
justice. 1t 10 admitted that the appellant has
escaped and is not within the jurisdiction
and control Of the court below, eithet Acsus
ally or constIuctiVely. II this court should
affirm the judgment, he 10 not likely 20 appear
end submit 10 his sentence, and II thiS court
should reverse the judgment and order new
trial, he will appear or mos 90 he may con-
slider most TO his interest. Under such cir
cumstances, we do not deem 10 necessary or
advisable 90 hear and decide what may prove
TO be only Heigned issue. IL is clearly Within
our discretion TO refuse TO hear q criminal
case on appeal unless the appellant ia where
he can be made 70 respond to such judgment
90 might be rendered.
pOllant submits himself 10 the jurisdiction OF
the court within sixty days from this date,
thSt the appeal be dismissed.
A true copy. -
Attest: w. H. THOMPSON,
[sEALl Clerk.
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart
ment, Eastern DivialOn.

No. $50.
Jacob Buck, plaintiff in error,
Vs.
P. Gallienn0, defendant In error.
Error from Shawnee County Circuit Court.
SYLLABUS. BY TIE CouRr. MAHAN, P. J.
This motion must be sustained upon the
authority OF Norton v. Wood, So Kan, $50.
There was q joint judgment In this case
against three parties, one 90 maker OF che note
and mortgage sued upon and against two
others aa parties 20 contracts assuming the
payment OF the indebtadnesg-@ Joint Jndg'
ment against the three, and but one Of the par
ties TO this Judgment, to.Wtt, the platntiR In
error, 10 before the court. The judgment will
be dismissal.
A true copy.
Attest: w. II. THOMPSON,
[sBALl Clerk.
Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.
No. B7O.
D.N. Burdge, plaintiff in error
W. ]. Kelchner and r. J. Maokey, defendants
In error.
Error from Shawnee County District Court
MOTION TO DISMISS oVERRULED.
SYLLABUS. BY THE COURT. McELRoY, J..
/. Where motion to dismiss 10 filed and an
examination Of the alleged defects In the
record would involve an examination Of the
merits Of the case, and the record contains
something over four hundred pages: Held,
that 10 would be more fair and reasonable
that the case should be examined with the
aid Of such briefs and arguments as the par.
ties desire 20 present on the hnal hearing OF
the case.
A true copy. -
Attest: w. II. THOMPSON,
[sEALl Clerk.
Kansas Court Of Appeals, Northern Depart.
ment, EaStern Division.
No. A91.
The state Of Kansas, plaintiff in error,
vs..
Samuel Eaton, defendant in error.
Annual from CouPA NJ Cannon Plans Of
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 256.
The Kansas Elevator Co., plaintiff In error,
Vg.
W. II. Harris, OF al, defendants in error.
Error from the Court Of Common Pleas Of
WySndOtte County.
AFFIRMED.
SYLLABUS. By THE COURT. WELLS, J..
1. Where one Of the items Of damage sought
70 DO recovered upon was that the plaintiff
had during Che &utumn Of 1882 furnished the
defendant, who was running an elevator for
the storage OF grain for hire, certain amount
OF white No. corn Of the crop Of 1891, and
under the contract OF storage was to have the
same returned upon demand, or at least an
equal amount OF corn OF the same kind and
quality, but that the defendant upon proper
demand only returned a part OF the quantity
and that Of an inferior quality, and from the
crop Of 1897, the admission Of evidence as 70
the valve OF old corn and the difference In
value Of old corn and new was not error.
a bahlGe &og hire who receives 3 Gonsign'
The advocate., 1897-07-21

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
The advocate., 1897-07-21
Mary N. Locke, pIaintiii In error,

Margaret Redmond, defendant in error
Error from Nemaha County District Court
The advocate., 1897-07-21
No.248.

Joseph Guild, plaintiff in error,
Vs.
Ohio Lodge No. 1872, l. o. o. f., defendant
error.
The advocate., 1897-07-21

w. III. THOMPSON,
Clofk.
The advocate., 1897-07-21

Appeal from Court Of Common Pleas 0i
WyandOtte County.
The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1897-09-22
Circulars and Pamphlets Wanted.

Circulars and Pamphlets Wanted
Editor Florida Agriculturist:
Enclosed find two dollars for en-
closed subscription account.
Now short time ago [ saw in the
Agriculturist a pretty good idea of
yours. That was, you proposed to
send out Florida productions into
northern states thinking it would do
more to encourage people to come in
to your state than you could by news
paper reports alone.
That is what / have thought for
some time, and last March I intended
to call at your place and speak to you
on that same subject, but I had to
leave for home in hurry and did
not have time.
AS [ am interested in getting par
ties to come into the State to settle,
would be pleased to receive share of
what you really think would interest
northern people to settle, and be
benefit by their doing so, either the
farming or gardening class. [ can
see plenty of chance for them to make
a living.
[ expect to be through your district
next March or April. Any publica tions
you may have to spare that you think
would interest, would gladly distrib-
ute to those who would be the most
use to your State as settlers. Hoping
to see you later on. Francis Hill.
Milan, Mich.
ANYONE having printed matter de-
scri ptive of. their section can send it
to Mr.. Hill for distribution