davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-11-27
California Pensions

WASHINGTON, Nov 24-California
pensions: Original-Charles F. Warren, ST.
mi, $40; George Stinson. San Francisco, S6
The name of the postoifice at Clifton,
Fresno county, California, has been changed
to Delrey. Ella Wilkinson has been commits
stoned postmaster
The herald., 1898-11-27
IT. y
STOPS n
COUGH
DON'T COUGH

There is nothing more irritable to .
cough than coughing.
Constant coughing is like scratching a
wound; so long as it is done the wound
will not heal. When tempted to cough
draw long breath and hold it until it
warns and SootheS every air cell, and some
benefit will soon be received from this
process. The nitrogen which is thus re-
fined acts on the mucous membrane, alays
the desire to cough and gives the throat and
lungs chance to heal. AT the same time
the use of "77" will aid nature in her
efforts to recuperate.
At druggists or sent prepaid; price, 25c
and soc; large pocket flask. $1.00. DIR. Hum
phreys' Manual at druggists or sent free.
Humphreys Med Co., cor William and
John SITS, New York Be sure to get
The herald., 1898-11-27

The Carling.-Furnshed rooms All
conveniences; house heated. No chill
dren or consumptives. Only respectable
patronage solicited. 422 West Second street
The herald., 1898-11-27


ROBlNSON-HILLMA Santa Ana,
Cal, on Saturday, Nov. 26, 1898, by the
Rev. Isaac Jewell, Emma Palmer Hill
man to Oliver r. w. Robinson
The herald., 1898-11-27
Our Home Brew,

Maer &c Zobelein's lager, fresh from their
brewery, on draught in all the principal
saloons; delivered promptly in bottles o.
kegs. Office and brewery. 44O Also street.
Telephone 81.
The herald., 1898-11-27

New styles of vehicles constantly arriv-
ing. Be sure and see them. Hawley, King
q Co, corner Broadway and Fifth st
The herald., 1898-11-27

The Rosslyn Main street, opposite the
postonice has all modern hotel appoint
ments.
The herald., 1898-11-27
JoTTINos

Lovers Of good driving horses cannot
miss 1t by buying one Of our No. Chester
Columbus Buggy Co.'S driving wagons
They have the Bailey hangers, long-dis-
tance axles and qulck-snifting shaft coup
lings. Hawley, King & Co.
The herald., 1898-11-27

BORN
MARRIAGES


S1EGEL-1n this city, Nov. %, to the wifi
of Myer Siegel, son.
The herald., 1898-11-27

observation-disclosures (2). Patterson
Wilson, Williams and Ballou. Goals-Rine
hart ~. Referee, Private Carson, Company
M; umpire, Hugh Neuhart; linesmen. ~
Stewart and w. Bosbyshel.
HIGH SCHOOL BEATS EAST SIDEIS
The third eleven of the high school lined
up against the East Side lightweights yester
day afternoon on the East Side gridiron.
The game was hotly contested from start
to finish, and the high school boys won by
narrow margin.
The Advocate and news., 1898-07-27
(Flrst published July 20, 1881
Notice for Pardon.

I hereby serve notice on all parties I'M
terested, that l will apply to the Gov
ernOr, through the honorable Board of
PardOns Of the State of Kansas, at tho
present session thereof, for a cOmmuta-
fenced In the District court OF Shawnee
county, at the June term, A. ID. 1871 for
the crime of murder In the first degree,
and ordered by said court to be hanged.
afterward said sentence was commuted,
on 18th day OF August, A. D. 1871, by
Governor James M. Harvey, to serve a
term OF my natural life in the Kansas
State penItentlary. LOUIS FORD.
Topeka, Kas., July Is, 1893.
The Advocate and news., 1898-07-27

The list price Of the American Navy,
Cuba and Hawaii; the great war book Of
1893, Is $3.50. Through our special arrange
ment we are enabled to offer II to our
subscribers for &l5O, or with the Advocate
and News one year for S225.
The Advocate and news., 1898-07-27
Syllabus.
State of Kansas, 49,.

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 copies Of the syllabi OF the court
handed down at Wichita, Kansas, on the
18th day of July, A. ID. 1888, and fled In
this office on that date.
Given under my hand and the seal Of
said court, this the 18th day Of July, A. d.
1S98
[Seal1 w. A. AYRES,
Clerk Kansas Court Of Appeals, 8. D., c. d.
The Advocate and news., 1898-07-27

In the Kansas Court Of Appeals, Southern
Department, Central Division.
No. 269.
A. ]. Holderman and w. r. Clancey, plain
tihs in error,
vs..
j. w. TedfOrd, defendant in error.
Error from Butler District Court
AFFIRMED.
Syllabus. Milton, J.
1. Certain facts held sufficient to establish
the existence OF an agency.
2. Since equity regards that as done which
ought have been done, the enforcement of
a judgment OF n District court OF this State
which the judgment creditor had promised
to satisfy, may properly be enjOined by an
other District court, when such promise is
supported by legal consideration.
3. "A person for whose benefit a promise
TO another, upon sufficient consideration,
is made may maintain an action on the
contract in his own name against the prom
isOr." Burton. v. Larkn, SO Kan A6.
Attest: w. A. AYRES,
[SeaL1 Clerk.
The Advocate and news., 1898-07-27

In the Kansas Court OF Appeals, Southern
Department, Western Division.
No. 100.
The Missouri Pacific Railway Co.. q COR
pOration, plaintin In error,
vs..
Max Llverlght, Benjamin H. Greenwald,
Simon Llverlght, Morris Liverlght, Mack
Drelfus and Morris Lang, partners, do
ing business under the arm name and
style Of Liveright Greenwald g. Co., de-
PENDANTS In error
The Advocate and news., 1898-07-27

For GENERAL STATUTES OF KAN
,SAS 1897, compiled by Judge w. G. Webb
'by authority OF Legislature (price $50, ad-
dress Kansas Statute Co., Topeka, Kas.
The Advocate and news., 1898-07-27

In the Kansas Court OF Appeals, Southern
Department, Central Division.
No. 36g.
George l.. Pratt palntlff in error,
VS..
The First National Bank OF Arkansas City,
Kansas, defendant In error.
Error from Cowley District Court.
DISMISSED.
Syllabus. Milton, j.
Where a Joint judgment was rendered
against the maker and the guarantor OF
a prOmissory note, held, that the maker
of the note IL n necessary party TO pro-
ceedings In error for a review OF such
Judgment.
Attest: w. A. AYRES,
lSeall Clerk.
The Advocate and news., 1898-07-27

Kansas Court Of Appeals, Southern De-
partment, Eastern Division.
I, w. o. Champe, Clerk of the Kansas
Court of Appeals, Southern Department,
Eastern Division, do hereby certify that
the foregoing is true, full and correct
copy Of the syllabus Of the opinion In the
above entitled case as the same appears
on file In my office.
Witness my hand and the seal OF the
Kansas Court Of Appeals, Southern De-
partment, Eastern Division, this 2lst day
OF July, 1893. w. o. CHAMPE,
Clerk Kansas Court of Appeals, Southern
Department, Eastern Division.
[Seall
by n. L. Eaton, Deputy
The Advocate and news., 1898-07-27
state Of Kansas, IS.

I, Il. ]. Westgate, Clerk of the Kansas
Court OF Appeals, I'm and for the Western
Division Of the Southern Department
thereof, do hereby certify the above and
foregoing to be true and correct copies OK
the originals therof remain OF record In my
office.
Witness my hand and the seal OF said
court, this 2lst day OF July, A. ID. 1893,
lSeall e. j. WESTGATE, Clerk.
The Advocate and news., 1898-07-27
REVERSED.
Syllabus.
sehoonover. ].

Where the travelling salesman OF a firm
purchases two frst-class tickets and on
these tickets procures trunks or sample
cases, belonging 20 the firm, to be checked
and transported by railroad company as
his personal baggage, without informing
the railroad company as to the contents,
value or ownership of the trunks, held,
that the railroad company IL not liable to
the firm II injury results 70 the contents
OF the trunks so transported as the per-
sOnal baggage Of their travelling salesman.
A true copy.
ISeaLl
Attest: e. j. WESTGATE,
Clerk Kansas Court OF Appeals, Southern
Department, Western Division.
The Advocate and news., 1898-07-27

Kansas Court OF Appeals, Southern De-
partment Eastern Division.
No. 227.
st. Louis & San Francisco Railway COM
pany, plaintiff In error,
VS..
Sarah II. Dawson, defendant in error.
Error from Crawford County.
REVERSED.
Syllabus. BY the Court. schoonover, ].
Where there IL no rule OF court fixing the
time, O request made for written instruc-
tions, when the evidence IL concluded is
sufficient to require the trial court to In
struct the jury In writing.
A true copy.
Attest: w. o. CHAMPE, Clerk.
[Seal1
by Il. l.. Eaton, Deputy.
The Advocate and news., 1898-07-27
Published July q. 1893
Appellate Court SylIabi.

In the Kansas Court of Appeals, Southern
Department Central Division.
No. 2l9
The City of Medicine Lodge, plaintiff in
error,
VS..
Alburtus r. Horner ct al, defendants In
error.
REVERSED.
Syllabus. Dennison, p. j.
1st. When an appellant in a condemna-
tion proceeding dies while the action Is
pending in the District court and the action
is revived in the name OF a person, such
person must allege and prove that he Is
the proper person to maintain or defend
the action.
Attest: w. A. AYRES,
ISeall Clerk.
The Advocate and news., 1898-07-27
Syllabus.

aside and a new trial granted.
Attest: w. A. AYREs,
LSeaLl Clerk.
In the Kansas Court OF Appeals, Southern
Department, Central Division.
No 800.
Andrew G. Harms, ct al, plalntiff In error,
vs.
The o. s. Kelley Co., defendant In error.
Error from Harvey County District Court.
AFFIRMED.
Syllabus. schOonover, j.
/. The statements in the case made set
forth, held, that the record atfirmatively
shows that 1t contains all the admissions
made and evidence introduced In the case.
2. The testimony examined, held, that the
Attest: w, A. AYRES,
lSeaLl Clerk.
In the Kansas Court Of Appeals, Southern
Department, Central Division.
No. $3.50.
Ann Augusta Thomas, plaintiff in error,
VS..
L. A. Merriheld and w. A. Willis, doing
business as MerrLheld a. Willis, defendant
in error
Error from Lyon County District Court.
REVERSED.
Syllabus. schoonover, j.
The evidence examined held that the
employment between the parties on which
defendants In error base their rights to be-
lief, Is not shown, and further, held, that
the plaintiff I'm error did not knowingly
accept the fruits of their labor.
Attest: w. A. AYRES,
LSeaLl Clerk.
In the Kansas Court Of Appeals, Southern
Department, Central Division.
No. H4
HalcyOn Lodge, No. 100, Ancient Order OF
Free and Accepted Masons, plaintiff in
error,
p. w. Watson, defendant In error,
Error from Marion County District Court
REVERSED.
Syllabus. DennisOn, p. j.
1st. We have made careful examination
Of all the evidence and conclude that there
was an absolute lack Of evidence tending
to show, first that either the Worshipful
Master, or one Of the Trustees, or both,
had the power to bind the lodge to pay for
the services rendered by Watson without
having been authorized by vote Of the
lodge, second, that such a vote was ever
had or, third, that the lodge ever ratified
their action in employing Watson.
All the Judges cOncurying
Attest: w. A. AYRES,
[SeaLl Clerk.
The Advocate and news., 1898-07-27

In the Kansas Court of Appeals, Southern
Department, Central Division.
No. $40.
C. Aultman G. Company, plaintiff in error,
VS..
r. A. Humphrey and w. H. Humphrey, de-
PENDANTS in error.
Error from Chase County District Court.
AFFIRMED.
Syllabus. SchoOnOver, J.
1. On a motion to set aside a Sheriff's
sale a trial court may allow or disallow
evidence to be introduced.
2. A decision OF the court upon such mo-
tiOn is not conclusive as to the ultimate
rights of either OF the parties.
Attest: w. A. AYRES,
[Seal.l Clerk.
The Advocate and news., 1898-07-27
In the Kansas Court of Appeals, Southern
Department. Central Division.

In the Kansas Court of Appeals, Southern
Department, Central Division.
No. S66.
The City of Hutchinson, plaintir In error,
VS..
Mary Il. Van Cleave, defendant in error,
Error from Reno County District Court
AFFIRMED.
Syllabus. SchoOnover, j.
1. The incompetent testimony set forth,
held, that the refusal Of the trial court to
strike II out, all the testimony Of the wit
ness considered, Is not such error as to re-
qure a reversal Of the case.
2. The actual, reasonable and necessary
expense incurred for medical services Is a
proper item Of damage, in suit against
city to recover for personal injury. The
law implies promise to pay the same and
1t may be recovered, even though actual
payment thereof was not made prior TO
the commencement of the action.
8. The record examined, the petition states
a cause OF action. There is some cOmpe-
tent testimony tending to prove the essen
tial facts necessary to recovery under the
petition, held, that the oVerrullng Of the
demurrer to plaintiffs evidence was not
error.
L. Where a person presents a claim to a
city for damages resulting from Its negli-
gence, for $3.50 and no action is taken by
the city council and afterwards suit Is
commenced TO recover ten thousand ($lO,-
0O0 dollars by the same person for the
same items of damage included In the bill,
held, that 1t is no violation of sec. 81,
chapter 81, G. s. 1897, for the trial court
to render judgment against the city for
costs.
Attest: w. A. AYRES,
[Seall Clerk
The Advocate and news., 1898-07-27
Syllabus.

In the Kansas Court Of Appeals, Southern
Department, Central Division.
No. 24
Franz Gertz, plaintiff in error,
VS.,
Agnes Beck defendant in error.
Error from Marion County District Court.
AFFIRMED.
Syllabus. Dennson, p ].
1st. A case made must be settled by the
Judge who tried the cause.
3D. A Judge who succeeds the Judge who
tried cause is competent to pass upon q
demurrer to the evidence introduced in said
cause when requested to do so by the par
ties, and when furnished with what Is
agreed by the parties to be correct copy
Attest: w. A. AHRES,
[Seall clerk.
In the Kansas Court of Appeals, Southern
Department, Central Division.
No. 2l5.
Pleasant Grove Township, plaintiff In err
rOr,
VS..
Alfred r. Ware, defendant in error.
Error from Greenwood County District
Court.
AFFIRMED.
Syllabus. Dennison, P. ].
1st. The petition examined and held to
state cause Of action.
Attest: w. A. AYRES,
[SeaLl Clerk.
In the Kansas Court of Appeals, Southern
Department Central Division.
No. 27S.
George N. Rexroad and Bert Matthias,
plaintiffs In error,
Kansas First Mortgage Company, cOrpo-
ration, defendants In error
AFFIRMED.
Syllabus. DennisOn, p. ].
1st. The record contains no ruling upon
the motion for a new trial and no copy OF
the journal entry of judgment and we can
not pass upon the errors set out in the pc
Attest: w. A. AfRES,
lSeall Clerk.
In the Kansas Court of Appeals, Southern
Department, Central Division.
No. 364.
A. W. Rumsey, plaintiff in error,
VS..
The Kiowa Town Company, defendant in
error
Error from Barber District Court.
REVERSED.
Syllabus. Milton, J.
Where the plaintiffs action was dis
missed, and the case was continued for
trial upon the defendants counter claim
and where at the second term Of court
thereafter over the objections Of the de-
fendant the plaintiffs action was rein
stated upon a motion containing no
grounds or reasons for such reinstatement,
held, error.
Attest: w. A. AYRES,
[SeaL1 Clerk.
The Advocate and news., 1898-07-27

Department, Central Division.
No. 233
The Fort Scott, Wichita & Western Rail-
way Company, and the St. Louis, Fort
Scott a. Wichita Railroad Company,
plaintiffs In error,
vs..
Don Kinney, administrator Of the estate Of
Hugh Fox, deceased, defendant In error.
Error from Harvey County District Court,
REVERSED.
Syllabus. SchoOnOver, ].
Where the trial court finds that the ver-
dict Is excessive and not sustained by the
evidence and that such excess Is not due to
lnadVertenCe, error of law, misapprehen-
sion of the facts, or error In computation
by the jury, the verdict should be set
aside and a new trial granted.
Attest: w. A. AYRES,
LSeall Clerk.
The Advocate and news., 1898-07-27
In the Kansas Court of Appeals Southern
Department, Central Division.
REVERSED.
Syllabus.

The following instruction was refused:
"The law presumes that every man in
tends the necessary consequences of his
necessarily results in the defrauding his
creditors he is presumed to have foreseen
and intended such result" Held under
the issue and the evidence the instruction
should have been given or the rule stated
Attest: w. A. AYRES,
[Seall Clerk.
The Advocate and news., 1898-07-27

In the Kansas Court OF Appears, SOUTHERN
Department, Central Division.
No. 3l4.
The Johnson Loan and Trust Company,
plaintiff in error,
VS..
II. l.. Ball, ct al, defendants in error.
Error from Kingman County District Court
REVERSED.
Syllabus. Dennlson, +. j.
LIST. Where an order of sale has been is
sued upon a judgment and the real estate
sold Hereunder by the Sheriff prior to the
death of one of the judgment debtors, 1t is
unnecessary to revive the action or the
Judgment before the confirmation of said
Sheriff's sale or the execution of the Sher-
iffs deed.
All the Judges concurring.
Attest: w. A. AYRES,
TSeail Clerk.
The Advocate and news., 1898-07-27
Syllabus.

In the Kansas Court of Appeals, Southern
Department, Central Division.
The Advocate and news., 1898-07-27

In the Kansas Court OF Appeals, Southern
Department, Central Division.
The Advocate and news., 1898-07-27
In the Kansas Court of Appeals, Southern
Department, Central Division.

In the Kansas Court of Appeals, Southern
Department, Central Division.
No. 260.
William Martindale, Edwin Tucker and
Henry S. Jones, partners under the firm
name and style of Eureka Bank, plain
tiffs in error,
Evans, Snlder, Bue & Company, defen-
dants in error.
Error from Greenwood County District
Court.
AFFIRMED.
Syllabus. Dennison, p. ].
/. A mortgage who maintains an action
in replevin for the possession Of the mort
gagged property against attaching creditors
of the mortgagOr Is not bound to protect
the interests Of an assignee of the mort
gagOr although said mOrtgagee has notice
of the assignment.
Attest: w. A. AYRES,
[Seall Clerk.
The San Francisco call., 1898-11-27

was estimated at $50, 900, 900. the heav- fest losses occurring in Illinois, Iowa, Missouri and Kansas. This gives, as the estimated loss in the thirty-eight years, 1850 to 1887, the enormous sum of $261,- COG, 900. Another chinch bug plague reached its maximum severity in 1S96 Careful estimates of the loss during the last seven years would in all probabil- ity swell the amount to fully $330, ,000, 900 for the period from 1850 to 189S During the outbreak in Ohio at least two farmers became discouraged and sought relief in suicide.
 It should be taken into consideration that the financial losses above esti- mated have not fallen upon the entire nation, but upon the nine States named. In fact, small as it is. the chinch-bug has cost the people of these nine States sum of money sufficient to defray the entire expense of the na- tional government for a whole year Fire excepted, there is probably no other thing that has caused so great a financial loss within the same period over the same area of country.
 No other insect, native to the west ern hemisphere, has spread its devas tating hordes over a wider area of country with more fatal effects to the staple grains of North America than has this one. But for the extreme sus- ceptibility to the very young to de- struction by drenching rains, the prac- tice of raising grain year after year on the same areas. as followed in the United States, would be altogether un- It seems,to be a fact that plentiful rain destroys the chinch-bugs,
The San Francisco call., 1898-11-27
INTERNATIONAL POSTAGE.

John A. Merritt, the Third Assistant Postmaster General, in his annual re- port recommends immediate negotia-
 tfons with the postal administrations of England, Germany and France to reduce the international postage rates to cents for a half ounce or fraction thereof. The report says:
 ''The administrations named have direct or separate postal intercourse to a large extent with our country and consequently are more likely to agree to the change desired than the administrations of inland countries that have to pay transportation charges to the seacoaSt to intermediary nations. The English administration particu- larly will probably assent to the pro- posed arrangement, for 1t has but re- gently decided to adopt the 2-cent rate on letters between the British Islands and Canada, as well as other parts of the empire-the change being ordered to take effect December 25 next.
 ''The department now realizes nothing in the way of revenue from ocean let ters, practically all the postage paid on them going to the steamship companies carrying the mails If the rate should be reduced the same state of affairs would exist; the department would still get nothing and lose nothing, and the steamship companies would suffer no hardship, for the stimulus given to correspondence by the reduction of rate would no doubt eventually at least give them as much compensation in the way of postage as they now get.
 An ocean penny postage would con- meet and permeate all the sea-divided communities of mankind with myriads ofSnew ties and veins to strengthen and beautify their brotherhood with bonds of sympathy and the circulation of knowledge It would be one of the most powerful aids to the work of Christian missions. An ocean penny postage is demanded by the social necessities of the Anglo-S Saxon race. The reduction does not require action of Congress. as the Postmaster General has authority under section 39S of the revised stat utes."
The San Francisco call., 1898-11-27

if 1t comes at the proper time. The years of greatest abundance of the pest are apt to be preceded by a series of years of drought.
 Each female chinch-bug lays about 800 eggs. and the adult insect is not pro- duced until sixty days later. The new ly matched young are very active, and the f1rst to appear may be observed with their progenitors about the bases Of wheat, corn or grass plants, and later all stages are seen mingling to- gether, having little appearance of be- longing to the same species, so greatly do they vary in size and color in their several stages of development. On first emerging from the chrysalis the adult Is generally of dull pink color. In a short time these colors change to the normal ones of the species, which are black as to the body, with white wings.
 From attack by enemies the chinch- bug seems to be protected in some de- gree by it's vile odor, which is similar to that of the related bedbug. How ever, in the Middle West the birds which are it's natural foes, such as the quail, are being ruthlessly wiped out by the shotgun. This fact may ac- count, in a measure, for the bugs s~read and multiplication, but, as will be explained later, only in a small de- gree. Various predacious insects feed. on the chinch- bug. but they do not seem to be of great importance. Indeed, the spread of the pest is accounted for largely by the absence of natural enc mics within the limits of the United States.
 The most important natural foes of
The San Francisco call., 1898-11-27

than moribund insects and it may be scattered over a field with far greater ease and convenience.
 The effectiveness of this plan for com municating plague to chinch-bugs ar tificially has been much questioned, but Professor Webster and other scientists to-day pretty generally admit that 1t accomplishes wonderful results. In field of wheat that has been treated in the manner described, the track of the insects as they move in any direction is literally paved with their dead bod ies, each little corpse enveloped in white winding sheet of fungus. In places the ground is white with them, and, on stirring up the soil at the edge of cornfield, it is found to be full of dead chinch- bugs to a depth of two or three inches, the white fungus covered bodies contrasting strongly with the black color of the rich loam. Never theless. it seems that the fungus has little effect except where the insects are very thick. so as to make contagion easy. Furthermore, it requires moist wea ther for it's maximum efficiency.
 There ought to be a central propa- gating station for the disease-fungus. from which farmers could obtain promptly an abundant supply" says