davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-03-30
(First published March 9, 1881
Bond Redemption Notice.

To holders of bonds issued by the city Of Abb
lene, Kansas, In aid Of the Chicago Kansas
Il Nebraska Railway Company:
In accordance with the directions OF law OF
the State OF Kansas entitled "An act relating
to the redemption OF bonds issued to railroad
companies" which act took effect March 16,
1887, l, g. O. Sterl, City Treasurer of the city OF
Abilene Dickinson county, State OF Kansas, do
hereby give notice that the said city of Abb
lene, in said county and State, will on the 10Th
day OF Aprli. 1898 at the fiscal agency of the
State of Kansas in the city Of New York, State
Of New York, redeem the following described
bonds issued by the said city of Abilene, to-Wit:
Bonds numbers from one to fifteen. inclusive
Of numbers one and fifteen. issued December
2Sth, 1881, In aid OF the Chicago Kansas & Ne
braska Railway Company, each number being
In itself bond for $1,000
Holders OF said bonds are hereby further no.
tilted that on the 9th day Of May, 1893, said
bonds will cease to bear interest. aud they are
hereby notified TO present the said bonds at
the said fiscal agency of the State OF Kansas as
hereinbefore mentioned for redemption.
g. O. STERL,
City Treasurer OF the city OF Abilene, Dick
inson county, Kansas,
Abilene, Kansas, February %, 1ep0
The Advocate and news., 1898-03-30
tPubllshed March 30. 1882
Appellate Court SylIabi.

In the Kansas Court OF Appeals, Southern
Department, Central Division.
NO. 316.
The Board Of Education Of the City of EN-
poria, ct al, plaintiff in error,
vs..
The State Of Kansas, ex REL, defendant In
error.
Error from Lyon County District Court.
The opinion of the court was delivered by
Milton, j.
Where tho journal entry of Judgment
states. that the court found for the plain
tlw and decided against the defendant"
and that thereafter the defendants motion
Tor new, trial was filed, and where the
language of such motion plainly indicates
that It was filed after the decision OF the
court had been rendered: Held, that such
motion will be considered by this court not
Withstandlng the fact that the said journal
entry contains the further statement that
She motion was filed before judgment"
g. Ample power and full discretion with
respect to the school affairs Of cities of the
second class are vested by law In the
Boards Of Education OF such cities; and
where II Ia not made clearly to appear that
the discretion OF such board Is about to
be abused to the actual detriment Of the
patrons and pupils Of the schools under
It's management, court OF equity ought
not to interfere to prevent strict cOmpli-
nnce on the part of such board with the
terms OF the contracts with the teachers
Of such schools In the payment OF their
wages according thereto, upon the ground
that a slight departure from such terms,
which the board had duly authorized, was
about to be made.
Attest: w. A. AYREs,
[SeaL1 Clerk.
The Advocate and news., 1898-03-30

Wanted.-A few wide-awake, energetic
and reliable men for position they can
fill and be at home every night. Work
light and occupation commendable and
pay good. Address Lock Box 9S8, Nc
Pherson, Kas.
The Advocate and news., 1898-03-30

the date OF the offer, did not reach plain
tin until twelve days thereafter. The letter
stated that the remittance was In full set
tlement Of the account, and requested a
receipt In full. The pIalntlff cashed the
check and retained the proceeds and, four
months later, sued for an alleged unpaid
balance Of the said account. no receipt
having been given as requested: Held
/. Time was Of the essence of the propo-
sitiOn made, and the plaintiff was net
bound to accept the said payment In sat
isfactlon OF his claim; but,
2. The plaintiff had not the right to re-
tain the proceeds OF the check as q part
paymen, only, Of his account and his ac-
ton In the premises produced the same
effect az II the cOmpany's letter had been
an original offer OF compromise which the
plaintiff accepted, and which was fully
complied with by the payment OF the stipu-
lated amount.
Attest: w. A. AYREs,
lSeall Clerk
The Advocate and news., 1898-03-30

that less than one-half OF such Judgment
mas been actually paid from the proceeds
Of such levy.
T. tax levy cannot properly be regarded
as IN process OF collection after the sale OF
Teal property for the taxes delinquent un-
| Ger such levy has taken place and the
! FUNDS received from such sale have been
distributed according to law.
4. Notwithstanding a judgment has been
! Iecoyereu against county upon its regis
tered warrants the amounts due thereon
are properly payable, In the same order as
u such warrants had not been reduced to a
yyuGsthheht out OF county funds available
Tor the payment OF registered warrants
| where II appears that a special levy cannot
be legally made for the payment OF such
! Judgment.
| All the Judges concurring.
Opinion filed March H. 1898.
| A true copy.
Attest; E. ]. wEsTGATE,
lseoi'l Clerk.
In the Kansas Court of Appeals. Southern
department western Division.
No. 173
Mccormick Harvesting Machine Companv
plaintiffs in error,
Frank Lauber and Matthias LAUDER, de-
PENDANTS in error.
Error from Edwards County.
AFFIRMED.
Syllabus. BY the Court. Dennlson, ]. p.
!. The date Of n note is a material part Of
It, and change thereof is a material al
teration and yitiates the note, without re-
sara 70 whether the maker is preiudiced
or benefited WhptbAr 30
ment Is hastened or delayed. It Is not
the contract which he executed.
2. 1t Is the duty OF counsel in charge OF
case upon trial to remain in the court
room until its final disposition (SeatOn
vs. Smith, 45th Kansas, 49,
All the Judges concurring.
Opinion filed March a., 1895
A true copy.
isdsi5 Attegt; E. J. wEsTGATE,
In the Kansas Court of Appeals, Southern
Department, Western Division.
No 159
William H. Bliss, plaintiff in error,
VS..
Joseph r. Young, defendant in error.
Error from Barton County.
AFFIRMED.
Syllabus BY the Court. Dennison, ]. p.
l. Where the maker of q non-negotiable
note and coupon has neither actual nor con-
structive notice Of it's assignment ne is
protected in making payment to the payee
thereof
2. When a note and coupon are executed
together as part Of one and the same In
strument they must be construed together.
3. A coupon which is attached to a non
negotiable note numbered GIL and recites
that This coupon is for six months inter-
est, due at the maturity thereof, on $G0O.OO.
loaned as appears by bond No. 6171," is
non-negotiable.
All the Judges cOncurring.
Opinion filed March IA, 1898.
A true copy.
Attest: e. j. WESTGATE,
[SeaL] Clerk
State of Kansas IS.
I, e. J. Westgate, Clerk of the Kansas
&c..
The Advocate and news., 1898-03-30

ASphIlHeHlt GenlTdi OlVlblOH,
No. 2S1.
William Donlfelser, as executor OF tn,
estate OF Frederick Donnenfelser, de
ceased, plaintiff in error
Catherine c. Heyl, as executrlx OF tho
estate OF Michael Heyl deceased, OF al
defendants In error.
Error from Lyon District Court.
REVERSED.
The opinion OF the court was delivered by
Milton, j.
The construction Of section 29S9, General
! Statutes OF 1889, placed upon said section by
the Supreme court In Cady v. Bard, q Kan.
6G, followed.
| 2. Where the nonresident executrlx of
the will of a nonresident decedent Is also
| the sole devisee Of the real estate belong
ing to the testator and situated in this
| State, and where the said land was levied
on In attachment proceedings brought
against the said executrix In that capacity:
| Held, that such proceedings bind the de-
| fendant as deVisee OF the land
Attest: w. A. AYREs,
[SeaLl Clerk.
In the Kansas Court OF Appeals, Southern
Department, Central Division.
No. 275
The Wichita & Western Railroad Company,
plaintiff in error,
VS..
G. II. Cook administrator of the estate OF
II. l.. Ball, deceased defendant In error.
Error from Kngman District Court.
REVERSED.
The opinion of the court was delivered by
Milton, j.
Where in an action for damages occa-
stoned by the alleged negligence Of the en-
plOyes OF a railroad company in causing
an engine to collide with team and wagon
at crossing, the defense was the contribu-
tory negligence OF the driver Of the team
In failing 20 use due precaution in looking
and listening before going upon the rail-
road, and, where the evidence showed that
the crossing was peculiarly dangerous,
under the circumstances Of the case, and
that the driver did not know the engine
was approaching until he was within less
than fifteen feet OF the crossing: Held, err
ror to refuse an instruction to the effect
that 1t was the duty of the driver to eX-
ercise such precaution before going upon
the crossing
O. Where the negligence, II any, of the
driver OF the team proXimately contributed
to the injury complained of: Held, error
for the court to conclude an instruction as
to contrlbutOry negligence Of the driver
with the language, unless you further find
that the negligence OF the plaintiff or his
employe was slight and did not contribute
directly to the injury complained Of In
which event your verdict should be for the
plaintiff" &C. X. 81 w. Rid. Co. v. PrOuty,
55 Kan. 5O4.)
Attest: W. A. AYRES,
lSeal.l Clerk.
The Advocate and news., 1898-03-30

State of Kansas IS.
I, q. ]. Westgate, Clerk of the Kansas
Court OF Appeals, in and for the Southern
Department, Western Division, do hereby
certify the above and foregoing to be true,
full and correct copies of the syllabi in
the therein entitled cases as the same re-
main in my office.
Witness my hand and official seal this
18th day Of March, A. ID. 1898.
[Seal.l 70. j. WESTGATE,
Clerk Kansas Court Of Appeals, Southern
Department, Western Division.
The Advocate and news., 1898-03-30

Attest: w. A. AYREs,
[SeaLl Clerk
in the Kansas Court OF Appeals, Southern
Department, Central Division
No. 229.
r.. r. Lusk and Adelaide L. Lusk, plain
tihs In error,
VS.
The g. G. Larned Mercantile Real Estate
and Live Stock Company, a corporation,
defendants in error.
Error from Kingman County, Kansas.
TheNopinlon Of the court was delivered by
Dennson p. j.
lst swIgart vs.. Walker, 49th Kas. 100;
Fernnld vs.. Winch, 50th Id. TO- Darcy W.,
McCarty, 35th Id. 720 and Tatro vs. French,
-3Sd Id. 40, cited and followed,
Attest: w. A. AYREs,
Iseall Clerk.
In the Kansas Court of Appeals, Southern
Department, Central Division.
No. 27O.
Atohlson, Topeka & Santa Fe Railroad
Company, plaintiff in error,
N vs..
" 'O'
Error from Butler County.
MODIFIED.
The opinion OF the court was delivered by
Milton, ].
I. Where the court cannot declare, as a
matter OF law, that the plaintiffs evidence
did not tend to prove the alleged negligence
az the defendant, Il will not hold that the
trial court erred in oVerrullng the defen-
dant's demurrer to such evidence
q Where mental anguish, distinct from
bodily suffering, was not proven to have
resulted from plaintiffs Injuries. II was
error for the court, over the objection of
the defendant, to instruct the Jury as to
mental anguish,
Tseal1 CIerk
X
IN tNa Lansoe c,o,,.. 90 A,,.oa,. s....,.
n" s''e 1So.n NVuIL OL APpSnis, southern
& "P"''"'e"'' No"''"l DlVlsioh'
No ono
w. SV%'
i w yopas n,o,nt,ep T., orro.
nSarnia 1ohrsorV vs. Soeo,dor. i, .
S - 'O"'''"' U''''u""' III e'ror
The Advocate and news., 1898-03-30

Kansas Court Of Appeals Southern De-
partment, Western Division
No. 275.
The First National Bank of Garden City
Kansas, plaintiff,
VS..
w, W. Martin, ct al, as Board of County
Commissioners Of Morton county, Kan
sas, defendants.
Original Proceedings in Mandamus.
PEREMPToRY WRIT ORDERED.
Syllabus. By the Court. Milton, ].
/. Where peremptory writ of mandamus
commanding a Board of County Commits
sioners to make a special tax levy for the
payment Of a judgment obtained against
a county upon its registered warrants, was
sought and where the alternative writ
and the application therefor did not aver
that the defendants had at any time failed,
or would fail, to make a levy for current
county expenses at the maximum rate al
lowed by law, such writ and application
are fatally defective.
q The obligation of a county to pay
Judgment duly recovered against II upon
its unpaid warrants is continuing obliga-
ton, and is not satisfied by a tax levy
which. IL all paid. would be sufficient to dis
charge the judgment. where 1t appears
The Advocate and news., 1898-03-30

In the Kansas Court of Appeals, Southern
Department, Central Division
No. 2S5.
The Hutchinson & Southern Railroad Com
pany plaintiff in error,
VS..
w. M. Wallace, defendant in error
Error from Kingman District Court
MODIFIED AND AFFIRMED.
The correctness of plaintiffs account
against the defendant company being In dis
pute, he made a written Offer to compromise
the same, the offer requiring payment within
ten days from the date. The company's
letter accepting the offer and enclosing a
check for the reduced amount OF the claim,
although posted on the ninth day after
The Advocate and news., 1898-03-30

State Of Kansas, ss.:
/, w. A, Ayres, Clerk Of the Kansas Court
OF Appeals, Southern Department, Central
Division, do hereby certify that the above
and foregoing are full. true and correct
down at Fort Scott, Kansas, on the 10th
day Of March, A. d. 1893, and filed in this
office on the 14th day of March, A. ID. 1898.
Given under my hand and the seal of said
court, this the 10th day OF March, A. ID.
1898. wv. A. AYRES
Clerk Kansas Court Appeals, $. d. C. d.
lSeall
The Advocate and news., 1898-03-30
Error from Lyon District Court
AFFIRMED.
The opinion Of the court was delivered by
Milton, J.

Milton, j.
The law gives to each city OF the second
class ample powers to provide for it's clti-
2ens a system of drainage and sewerage;
and where the plaintiff sought to perpetu-
ally enioln the Mayor and Council of such
city from proceeding under the terms OF
q contract already let for the construction
or sewerage system for the entire city,
in accordance with a comprehensive plan
adopted by them, and where the petition
set forth no other ground for the allowance
OF such Injunction than that the location of
the outlet for the sewerage system as de-
termined upon by the city officials, was Ill
Judged and its use would necessarily result,
by reason of the foul and noxious stencil
that would arise, in continuing nuisance
to plaintiffs property, and to himself, his
family and the persons employed In his
mill, such outlet being down the stream
from and not on plaintiffs premises Held,
that demurrer to such petition, for fail
ure to state a cause of action was prop
erly sustained.
Attest: w. A. AYRES.
lSeal.l Clerk.
The Advocate and news., 1898-03-30
In the Kansas Court Of Appeals, Southern
Department, Central Division.
No. 255.

W. T. Sodon, plaintiff In error,
VS..
The City Of Emporla, G. A. Biddle, Mayor
VIM. II. Ewing, j. Il. Evans, s. II. Rich,
w. Z. Sexton, w. J. Idleman, d. w. Nor
rls, ID. r. Ireland and j. /. Haynes, Coun-
cilmen of said city, and w. p Wilcox,
contractor defendants In error.
The Advocate and news., 1898-03-30

down at Fort Scott, Kansas, on the 10th
day Of March, A. d. 1898, and filed in this
office on the 14th day of March, A. d. 1888.
Given under my hand and the seal of said
1893. SW. A. AYRES
Clerk Kansas Court Appeals $. d. C. D..
Kansas Court Of Appeals, Southern Depart
ment, Western Division.
No 181.
Perry A. Gibson, ct al, plaintiffs in error,
| vs.
Anna b. shorb, defendant in error
Error from Finney County
REVERSED.
Syllabus BY the Court. Dennison, p. J.
l. Each of the reasons given In section
| ia Of the code Is sufficient within itself to
authorize an agent or attorney to verify
| the denial provided for by section 108
| supra, and is entirely independent of any
| Of the other reasons given In said section
| ia.
2. An affidavit which states that the afii-
! ant Is attorney for defendant who Is a
nonresident or absent from the county,
| and that affiant Is informed and believes
| that the allegations of the answer are true,
| Is sufficiently verified to meet the require
ments of sections lOS, II and ia Of the code.
All the Judges concurring.
Opinion filed March IA, 1885,
true copy.
Attest: E. J. wEsTGATE,
lSeall Clerk
In the Kansas Court of Appeals, Southern
Department, Western Division.
No 1884,
John Padgett plaintiff in error
VS..
The AtchisOn, Topeka & Santa Fe Railroad
Company, defendant In error.
Error from Ford County.
REVERSED.
Syllabus. BY the Court. Dennison, P ].
/. When the PLAINTIFF raises an issue of
negligence in the petition he must estab-
lish the Issue by proof, although the issue
be properly matter of defense.
2. Where the employees of a railroad COM
pany,. on very windy day, set out fire
fifty feet toward the wind, from a plOwed
guard three or four feet wide the court
cannot say as a matter of law that they
are not guilty Of negligence.
3. 1t Is not negligence per Sc for the
plaintiff to shock his wheat in the field
where It is cut nor to fail to make fire
guards around such field, which Is one
and a half miles from the railroad
9. 1t is not negligence per Sc for the plain
tin to stack his grain upon his premises
two and half miles from the railroad |
nor to fail to make a fire guard around |
the stacks the next day after they are |
completed.
All the Judges concurring
Opinion filed March IA, 1S9S
true copy.
Attest Il. j. WESTGATE,
lSeall Clerk.
The Advocate and news., 1898-03-30

in the Kansas Court OF Appeals, Southern
Department, Central Division.
Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-11-08
SANTA rs 10 PAY ALL.
valley Road Stockholders VIII he Paid
Cash Before January 1.

Valley Road Stockholders VIII nc Paid
Cash Before January 1.
Il. p. Ripley, president Of the Atchison,
Topeka & Santa Ne. gave much add
tional information concerning the plans
Of his road, aud settled, 40 far az pos
sible, several mooted questions, says a
San francisco dispatch Of November 3.
As regards a positive decision as 70 the
Santa Ne option with the Valley road,
Mr.. Ripley said;
Adhesion has practically been reached
already through the action OF our direct
ors, but will be confirmed at the annual
meeting OF stockholders TO take place at
Topeka on December g."
when aud how will the Valley road
stockholders, who have already placed
their stock In escrow, be paldS'
They will be paid on or before Janu-
airy 1 In cash. Those who have not al
ready come In, representing about 2,40O
shares, will be allowed q reasonable
length OF time in which to deposit their
shares; but the offer will not be held
open indefinitely.
"We are compelled by positive agree
ment 10 pay all stockholders who come
In before January 1 full par value for
their stock.
'ShOuld any o. the stockholders decide
10 put their stock In escrow. they will
hold II az II We had not come into the
matter at all, and get dividends on II, II
any are earned. Their stock will not be
consolidated with ours In any eyent-in
other words, 30 far rs It's stock IL con-
oerned. the Valley road must always re-
main a separate organization"
How about your proposed arrange
ment with the Southern Pacific for the
use OF its tracks between Mojaye and
BakersaeldY"
Nothing has been determined as yet
II Is still in the air, with prospects
against 1t. do not even know when 1t
will be further considered
"Haye you come 10 any conclusion as
yet, in regard to your terminal iacili.
ties9"
Il have examined the whole bay and
water front on both sides, but am not
prepared to make any statement IN the
matter. The Port Richmond terminal Is.
however, settled upon definitely, and we
will have a ferry boat ready by the time
we get In here"
Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-11-08
DIR. BlaKer D.ad.


DR.. Blazer died at his home In Mesca-
lero on Monday. October 81, 1898 aged O.
years. He leaves a wife, son and one
daughter 10 mourn his departure. With
the death OF DR.. Blazer another old
pioneer has crossed the great divide into
the land OF eternity. The deceased was a
citizen respected and loved by sll who
we're acquainted with him; he was hon
est. conscientious and charitable.
DR.. Blazers profession was that OF
medicine, and he practiced II more or
less ever since coming 10 franklin tnOw
nj PasO). Texas, from Illinois in 1854,
On arriving In this country no also en-.
gagged In the mercantile business with q
man named Miller at Franklin. Later
he ran several f~reighting outfits between
Franklin, Tularosa and Stanton. AZ
forwards he, In partnership with Geo.
Nesbit, erected a sawmill In TularOsa
canyon, which in the early days supplied
lumber for the frontier improvements
throughout this country. lie eventually
bought out his partner, Nesbit, who, with
his entire family, was murdered while
crossing the White Sands. DR.. Blazer
later built a Touring mill at the Mesca.
lero agency, which he Improved from
time 10 time until IL is now q splendid
mill. The doctor was an officer In the
Union army In the civil wal. During his
residence at the agency he treated hun
dreds OF cases OF diphtheris aud hnally
succumbed to the effects OF the dreaded
disease himself. The news Of his death
was received with profound sorrow by
hundreds OF his frieuda throughout
southern New Mexico bona Ana County
Republican.
Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-11-08
F~HRsussON's ass1iSs.
ApOloe'I : for His histsKe In Congress
and HIS Straddle On the pIieh.

Apoloe'E : for BIS histske In Congress
and HIS Straddle On the Ditch.
A crowd, curious 10 hear how Mr.. Fer.
gusson would explain bis bungling ca
reer In congress. his reasonable action
toward Albuquerque In permanently To-
eating the capital at Santa Fe and his
straddle on the ditch question, gathered
at the Armory last evening. Martin
Tierney presided over the meeting and
introduced Mr.. FERGUSON.
10 opening. that gentleman announced
his undying allegiance TO the principles
enumerated ia the Chicago platform. lie
then entered into an extended apology
for the mistakes he had made while IN
congress. Ia explaining hts carelessneos
In no, framing his land bill 90 as 4 q
the territory $4,000 In land Office fees
he was especially weak. lie e~ndeavored
to pat the blame on ths land department
Tor not placing the Interpretation on the
bill that he wanted II to DO. He admit
ted that on accoun, Of his mistake In this
respect the whole thing would have to be
done over sgain at the next session Of
congress or else the people would have 10
pay $1,000 for his negligence.
When Mir. FERGUSON reached his cap
ital removal Till, he seemed TO realize
that he was treading on dangerous
ground and he argued that in throwing
A%lbuquerQu, he had simply made a viz
tue OF necessity. As an Offset for his
aston In locating the capital In Santa
Fs. he referred 10 his abOrtive efforts 10
secure a military post for Albuquerque.
When he took 10 the ditch question
Mr.. FERGUSON showed that he had
shared the fate Of all straddleFs-
he had pleased nobody and had
dissatisfied everybody. He p~iteOusly
referred to the fact that In this city
he was being opposed because he was
against the ditch and everywhere else in
the Rio Grande valley no was charged
with being the b ggest devil In the ditch
enterprise. He hal evidently we'll learned
the lesson that a man can not success
fully carry water on both shoulders. lie
warmly congratulated himself, however,
that the famous Gutierres letter, which
he wrote. was no worse than II was.
COncerllng his action before the com
mlttee on the wool schedule. Mr.. Fergus
son realized that the less said the better
and he neglected to tell his hearers that
there was no third class wool raised In
New Mexico, on which he secured a duty
OF four cents per pound.
When Mr.. Ferguson had completed
the principal portion Of his speech ht
rashly invited any person present to ash
any question that he might wish. Franh
Hubbell started TO accept the invitation
but before he could put his question the
Ferguson admirers In the audience
feared that their idol would be worsted
40 they raised a tumult OF shouts which
drowned Mr.. Hubbell's voice.
Mr.. Ferguson then introduced Mister
Spencer, who spoke a little piece OF
county affairs, which he hadeommittet
TO memory Tor the occasion.
The meeting then adjourned.