davidaulloa/AmericanStories huggingface dataset:
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

CHrcAeo. March %. AT the invita-
tion of the trustees and faculty Of
Northwestern university, Rev. Dwight
L. Moody, the noted evangelist, will
this week conduct series of monster
revival meetings at Evanston. The
inaugural meetings is to be held t9-
night and the indications are that the
capacity of the First Methodist church
will be taxed to its utmost to accom-
modate the hundreds OF students and
residents who have already secured
admission tickets.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22
Insurgent General Garcia Re-
fuss Overiures Of Peace
Made by AutonomIsts.
DAMAGING KANSAS BLIZZARD
Minnesota Banks victimized to
the Extent Of 100000
D
or More.
FIRES IN COLORADO SPRINGS

HAVANA, March 22.-The negotIa-
tions between General Pando. Dele
gates Ramadrez and Charvez. and
General Callxto Garcia and other
prominent insurgents, in which the
radical autonomists made what are
said to be Anal offers for practical inde-
pendence. proved an absolute. failure.
Pandos' command is again moving
eastward, while General Gomez remains
inside .lucaro Moron trocha, in General
Pandos' rear.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22
chlcsgo draIr.

CHICAGO, March %. - Wheat
May, $l.06; July, S556@4.
Corn.-Marcn. 2811s May, 284@ss.
Oats March, 25K; May, 261
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

WASHINGTON. March 22. The Presi-
dent has sent these nom nations to the
senate: German Bulle, New York.
consul at Cardenas, Cuba; James q.
McCos K, Pennsylvania, consul at Daw,
son 'ity, N. w. T; u. w. Akers, post
master at Prescott, Arizona. :
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22
-Bir Firm Assigns.

BosToN. Mass. March %. The as
alignment OF Pitts, KimbalI s. Lewis,
importers and retailers, to H, A..
BeIcher, Is announced. The firm IL
one of the largest In the city.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

The Escurial palace inSpain contains
q cathedral, a monastery with 200 cells,
two colleges. three chapter houses, three
libraries and nearly 5000 other rooms.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

HAVANA. March q. It is announced
from Spanish sources that insureent
Brigadier General Rafael Cabrera died
recently from sickness.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22
Goal Aine ExpiosIon

PrFTsDrRe. Pa. March sa.--Anexs
plosion occurred in the Manowan coal
mine, near Monongahela City. today,
Two were killed and five injured. They
we're foreigners.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

The skinsof animals were the earli5-
est forms Of money Sheep aud oxen
among old Romans took the place Of
money. s.5fs Z, sFa giss
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22
Money Market.

NEwY DIRK. March "a Money on call
nominal at. 111@2 per cent. Prime
mercantile paper, 41s@5a per cent.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

There 10 o firm Of wbelesale Rrocers
In Johnst0wn, Pa 4 which rttoices 10
the name of Love, Sunshine Il 20.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22
or ror Home.

KEY WEST. Fla, March % lit is
reported that the officers of the's Maine :
now in Havana, have been ordered
home.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

New York, March22. SdB9r, r,t5A !;
lead, $3 so; copper, II.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22
Although the Board Of rInqniry
Has Finished d lis Labori-
GUS Woik.
THE PRESIDENT REQUIRES TIME.
House Increases Naval Appro-
priation Bill to Help Our
Fighting Strength,
FOUR DRY DOCKS TO Be BUILT

KEY WEST. Fla, March 22.-The
United States Court of Inquiry into
the loss Of Maine" has finished its
laborious work of investigation and
submitted its report to Rear Admiral
Sicard. lie pointed out some altera-
tions which he considered necessary,
and the report will probably be taken
to Washington today by Lieutenant
Commander Mark, judge advocate.
1t is possible. however, its arrival at
Washington may be delayed several
days longer. The decision Of the court
is still a matter otsurmise. Admiral
Sicard said to a correspondent: 1.-The
case of the "Ma;ne" is perhaps the most
peculiar which ever occurred in the
history OF the world n. :.
From the general tone Of his re-,
marks, 1T might be inferred that the
court findings do not definitely solve
the mystery of the explosion. The
court will remain in existence at the
call of Admiral Sicard. The general
impression continues to prevail that
the court found the Maine had been
Intentionally blown up.
AN OFFICIAL STATEMENTS
WASHINGTON, March 22.--After the
cabinet meeting today, the following
statement was given out from an
official source: st was understood at
The cabinet meeting today that the
report of the Court of Inquiry. will
probably be here Thursday or friday;
that it will be avery yoluniinous docu-
ment: that probably it will not be-
given to the press and congress before
Monday; that the president will require
that much time for its proper consider
ation."
EN- ROUTE TO WASHINGTON.
New YORK. Murch % The Mail
and Erprcss prints a special from Key |
West. saying: Admiral Sicard signed |
the "Maine' report today. 1t will !
start for Washington at A o'clock this
in charge of Judge ;Advo-
cate Mark. He should reach Wash
iagton Thursday night. President
Mckinley has already been informed
by cipher cable of the findings of the
court. sss.ss. |
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-03-22

In al lts Numerous and al
verse branches done e Il
5, shouId Be at THE OPTIC Jsb
Rooms.
The Advocate and news., 1898-01-19
No. 1896.
Fred p. Nash,
VS..
w. Denton, ct al.

Error from Leavenworth County.
REVERSED.
The Advocate and news., 1898-01-19

qualified by statute to take and hold for
the purpose Of transmitting the success
sion ALI parties must take through her
or not at all, because the viii devised the
estate to none Of them, and the statute
passes il directly to none OF them, but
passes II only directly through her to
them. These conclusions being reached
the case is free from difficulty.
The amendment Of 1891 to the statute OF
descents and distributions, General Stat
utes 1897, chapter 109 section Is, which took
effect in the lifetime of Rosetta Shellhouse
Saxton, excludes strangers to the blood
from line OF descent The constitution
alty Of this statute in respect to the forms
Of its enactment has been disputed, but
has recently been affirmed. Homrighausen
VS. Knoche, ct al. This excludes all par
ties represented by G. In the quoted IL
lustration from the brief Of plaintiff in
error, and confines the succession to the
parties represented by b. In the illustrated
case The judgment of the court below Is,
therefore, affirmed.
Attest; JNO. MARTIN,
[Seal.l Clerk Supreme Court.
The Advocate and news., 1898-01-19
No. 10317
Denebiem Brothers,
VS..
The Wingate, Stone, Wells Mercantile
Company.
Error from Bourbon County.
DISMISSED.
No. 1O317.
Denebiem Brothers,
Opinion,

This was a garnishment proceeding In
stituted by the defendant in error against
it's debtors Greenburg and Berkson, ana
against plaintiffs. in error, the Citizens
National Bank of Fort Scott, and George
NJ Stafford. The plaintiffs in error were
not served with garnishment summons.
Nor did they file answer to the garnish-
ment affidavit, although named In 1t as
counsel as though they had been for
mally garnished, and offered evidence in
support of the validity Of their claim to
a stock Of goods belonging to the debtors,
Greenburg and Berkson, which was the
subject of controversy. Stern, Lauer, Scholl
& Co., were not named as garnishees In any
of the garnishment papers, but they also
appeared and offered evidence in support
court gave Judgment awarding the Citi-
zen's National Bank the first lien. Stern,
Lauer, Scholl & Co., O second lien, and
the defendants In error a third lien on the
goods, and held the claim of plaintiffs in
error to be fraudulent. and void. It ap-
peared upon the trial that other creditors
of GreenbQrg and Berkson, who had
neither been made parties to the garnish-
ment, proceedings. nor. had interyened
therein, were, nevertheless, entitled to
liens upon the stock Of goods in question.
In the interest Of these creditors one W. p.
p1worth was appointed receiver to take
charge OF the goods remaining after the
claims OF the other lien holders were sat
isfled.
From the finding Of the court that the
claim Of the plaintiffs in error was fraud
ulent and void, and its judgment refusing
them lien upon the stock Of goods they
prosecute error to this court. The only de-
tendant to the proceedings in error is the
Wingate, Stone, Wells Mercantile Co., the
creditor which instituted the garnishment
proceedings. Greenburg and Berkson, the
original judgment defendants, are not
made parties, nor is the Citizens National
The Advocate and news., 1898-01-19

Bank, nor Stern, Lauer, scholl g Co, nor
Dilworth the receiver, nor the parties
whom he represents.
The proceedings In error must be dis
missed. Beyond question Dllworth the re-
ceiver, and Greenburg and Berkson, the
debtors, must be made parties; so also
should the Citizens National Bank, and
Stern, Lauer, Scholl 81 Co., as we think
They appear to claim adverse interests
They have adverse interests unless the
plaintiffs In error admit the superiority OF
their liens. Possibly this may be done,
even after the case has been brought here
for review, but unless explicitly done at
some time, the question OF right as be-
tween plaintiffs In error and those par
ties would be for litigation In the event
OF reversal. Unless It could be held that
the failure TO make the persons named
parties to the proceedings In this court was
a concession OF their superior rights In the
controversy, In the event OF reversal such
tween the plaintiffs and the defendants
in error as to which shall have the third
lien Should the plaintiffs in error be al
lowed a third lien II would practically alb
sorb all the goods. because the value Of the
goods after payment Of the first two liens
Is only about 5000, and the claim of plain
tins In error Is over $4,000
This would leave about s1,OOO for Dilworth
the receiver, less the claim of the defend
defendant in error should be allowed the
priority already found In its faveor,
amounting to about $500, there would be
substantially 1900 left for Dilworth the re-
ceiver. Hence, he is most vitally inter-
ested so also are the debtors: Greenburg
and Berkson. They have O right to con-
test with plaintiffs In error over the ques-
ton OF the lien claimed by them. The pro-
ceedlng in error is, therefore, dismissed.
A true copy.
Attest: JNO. MARTIN.
[Seall Clerk Supreme Court.
The Advocate and news., 1898-01-19
opinion.
Per Curiam.

We are unable to say that the petition in
this case is so defective that Judgment
based on 1t is void, or erroneous when
based on testimony, offered at trial had
In the absence Of the defendant The pc
tition, however, is very defective In It's
averments, and the motion to make 1t more
definite and certain, which the court over
ruled, should have been sustained, 1t was
not sufficient to apprise the defendant
fairly Of the claims against him. The copy
Of the account attached as an exhibit In
dicates nothing in most OF the Items
thereof but dates and sums Of money,
though the aVerments OF the. petition are
that the transactions generally represent
grain sold and delivered. But there Is
nothing to indicate quantities or kinds OF
grain, or which items refer to grain, and
which to anything else, with some few ex-
ceptions The averments with reference
to the item Of 81 $50, loss on rye, as against
a motion to make definite and certain are
wholly insufficient. The defendant was en-
titled to a definite statement in the petit
ton as to what contract was claimed and
how the liability accrued.
While counsel for the defendant Nash
failed to use the highest degree Of dill
gence, we think under all the facts stated
in his affidavit, the court should have set
aside the Judgment and granted q new
trial. The information obtained by him
from the Clerks office, and the failure OF
the Clerk to send him copy OF the cal
enQar quite naturally lea MIN 10 DeHeVS
that the case had not been assigned for
trial Plaintiffs counsel well knew that
Nash denied all liability on the account.
In the exercise of sound discretion the
court ought to have allowed the defendant
a chance to be heard. The uncontradicted
statements in the affidavit of Grams, also
show that there was a credit Of $500 re-
celved by the plaintiffs after the COM
mencement of the suit from Wilcox, which
the plaintiffs failed to allow.
1t was misconduct on their part to take
judgment for the whole amount claimed
in the original petition, when only less
sum was actually due them.
The judgment is reversed, and the cause
remanded with directions to set aside the
Judgment and to sustain the motion to re-
quire the plaintiffs to make their petition
more definite and certain.
A true copy -
Attest: JNO. MARTIN,
[SeaL1 Clerk Supreme Court
The Advocate and news., 1898-01-19

tate mortgage wrongfully deceived the
court, by alleging balance OF debt due
session Of enough personal property under
the chattel mortgage to satisfy the whole
claim. This is not sufficient. A litigant
may not thus unsettle business transac-
tlons, which his debtor has engaged in
with others, or to which he has given as
sent, upon the mere statement that such
debtor has been wronged out of his prop
erty, or has improvidently wasted It, or
neglgently allowed II to pass into the
hands of others. The petition stated no
cause Of action. The objection to the re-
ception Of evidence under IL was rlghtfully
sustained, and the judgment Of the court
below will be affirmed.
A true copy
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court
The Advocate and news., 1898-01-19
No. 1OO75.
Janis, Saunders & Co., ct al,
VS..
The First National Bank Of Horton, ct al.
Error from Brown County.
DISMISSED.
DISMISSED.
Opinion.
Per Curiam.

OpInlOn. GeT NuIldIl.
This was a proceeding to foreclose a
chattel mortgage and to adjust and de-
termlne other mortgage and attachment
liens. The jurisdiction of the court is chal-
lenged because of the absence Of parties
who have not been properly brought into
this court; among them are Craig Broth
ers the mortgagors and attachment debt
ors against whom judgments were OBJ
tanned and liens established; the Bank Of
Horton, q mortgage which was given
second lien; as well as several other par
ties who were In the trial court and who
might be affected by the disposition Of
the case Some Of those who were brought
into this court have since died, and no
proceedings to revive or substitute were
had within the time allowed by law. The
Craig Brothers, who appeared In the court
below, and whose property is being sub
Jected and appropriated by the proceed
ings, are directly affected by the judg-
ments given and are clearly necessary par
ties to this proceeding. They are interested
in the judgments awarded against them
and in the disposition of the property
ment Of creditors that they had right. to
prefer. Some Of the parties complaining
here, like Herman w. Craig and Stern,
Lauer, Shohl q Co., are asking for addt-
tiOnal Judgments against them. There was
an attack upon the mortgages in the court
below and also In the petitions in error
The Swofford Brothers Dry Goods Com
pany and others complain Of the findings
giving the Bank Of Horton, which is not
here, lien; and they also complain of the
liens and judgments awarded to others
not parties to this proceeding. If all the
mortgages held superior to the attach
ment liens were defeated, the absence Of
some Of the smaller claimants who are not
present might seriously affect any future
proceedings in the case We are clear that
necessary parties are absent, and while
there are other serious objections to the
consideration of the case, we think 1t
must be dismissed for that reason.
true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-01-19
CFirst published January 5, 1885,
Notice.

In the District court Of Shawnee county, KAN
BAS.
ALA AcsWos3R, r. plaintiff No. 1890.
Daniel McSwegan, defendant.
To Daniel Mcswegan:
You are hereby notified that you have been
sued In the above named court by your wife,
Ala McSwegan, who has instituted her action
In divorce against you, on the groundSof aban.
donment and extreme cruelty, and that unless
you answer the said petition on or before the
10th day OF February, A. ID. 1893, the said petit
tlon will be taken as true and Judgment rem
deFed dlssolvlng the bonds Of InatrimOny now
existing between you, and restoring the plaint-
iR to her maiden name OF Ala McHenry, and
for costs of suit ]. s. EN9MINGER,
Attorney for Plaintiff.
Attest: +. N. COCKhELL,
[SEALl Clerk.
The Advocate and news., 1898-01-19
No. 1O314.
Charles Johns
VS..
Walter B. Jordan, ct al
Error from Washington County.
AFFIRMED.
No. 1914.
Opinion.

This was an action in the nature of a
creditors bill, brought by plaintiff in err
ror against defendants in error. Objection
to the introduction of evidence under the
petition, because Of its insufflciency in
statement of facts was made and sus-
tained. Judgment was, thereupon ordered
in defendants favor. The plaintiff prose-
cutes error to this court
The petition alleges that certain lands
were purchased by William r. Lavering
from the State Of Kansas, but had been
erroneously, patented to his son, f. M.
Lavering; that +. M. Lavering had mort
gagged them, together with large amount
Of personal property to one r. A. Head
to secure $4,000; that the mortgages and
accompanying notes were without consid-
Grafton, and only for the accommodation Of
Head; that Head had assigned them to
the principal defendant in error, Walter
B. Jordan, who took them with full knowl-
edge Of the facts; that Jordan had fore
closed upon the chattel property without
conforming to the laws of Wyoming where
such property was located, and had bid
It in at price much below its real value;
that had he taken It at a fair value II
would have satisfied the debt of $48, 900
in full without resort to the real estate
In Kansas; that he foreclosed the mort
gage upon the land in an action in which
he joined. as defendants. W. r. Lavering,
the equitable owner, and the administra-
tor and heirs of f. M. Laverng, who had
in the meantime died; that such defend
of foreclosure was taken, the land sold
and bid in by the plaintiff in the suit
Jordan, one of the defendants in error
here.
1t is not alleged in the petition or cred
itors bill that Jordan -, the plaintiff
in the foreclosure suit, knew that the mort
gagged land belonged in equity to w. r.
i.ayering instead OF F. M. Lavering, nor
Is Il alleged that w. r. Lavering fraudu-
iently colluded with Jordan to put his land
IN Jordans name. The only allegation OF
fraud made by plaintiff In error is that
Jordan in the foreclosure Of the real es-
The Advocate and news., 1898-01-19
First published in the Advocate and News,
January 10, 1881
No. 1929
Publication Notice.

To II. p. Gogley;--Take notice that you
have been sued, with James s. Collins and
Helen A. Collins as co-defendantg, In the
District court Of Shawnee county, In the
State OF Kansas, by the Masonic Mutual
Benefit Society Of Kansas, and that you
must answer the petition filed by the plain
tiff, on or before the I'd day OF March, 1885,
or the said petition will be taken as true
and judgment rendered against your said
co-defendants for the sum OF eighteen hum
dred dollars, with interest thereon at the
rate Of seven per cent per annum from the
Sd day Of March, 1885, the amount claimed
In said petition to be due the plaintiff
upon a certain note therein described and
for the foreclosure of q certain mortgage
executed September 3, 1890, by your said
co-defendants on lot numbered one hum
dred and fifty-seven Q5O on Quincy street,
in the city OF Topeka, In the county Of
Shawnee and State Of Kansas, to secure
the payment Of said note, for the sale OF
said mortgaged premises, and forever bar
ring you and your said co-defendants from
all right, title, estate, interest, property
and equity Of redemption in and 10 said
mortgaged premises, or any part thereof
GEO. w. CLARK,
Attorney for Plaintiff
Topeka, Kansas, January IL, 1895
Attest: 70. M Cockrell, Clerk.
The Advocate and news., 1898-01-19
JNO. MARTIN,
Clerk Supreme Court.

In the Supreme court OF the State OF
Kansas
I, Jno. Martin, Clerk OF the Supreme
Court OF the state Of Kansas, do hereby
certify that the foregoing are true and
correct copies OF the per curiam decis-
Ions In the above entitled cases as the
same appear on file In my Office.
Witness my hand and the seal OF the eu.
preme court, this 18th day OF January, 1885,
JNO. MARTIN.
[Seall Clerk Supreme Court.
The Advocate and news., 1898-01-19

corporation oustlng II from the exercise
OF corporate powers, or franchises, Is nec-
essarily prospective In Its operation. The
very purpose OF such an action is q. pre-
vent the future exercise of the privilege,
or authority, wrongfully claimed. Judg-
ments OF this character were entered by
this court in the cases OF the State ex rel.
Vs. The City Of Topeka, 30 Kan. 658, and
81 Id. 452, and In the State ex rel. VS.. Reg
ents OF University, IS Kan. SS9. No sub
stantial reason appears for refusing the
State a judgment finally determining and
ending the defendants claim Of right to
transact business In this State, notwith-
standing the temporary withdrawal or
abandonment of the exercise Of such al
favor OF the plaintlff, ousting the defendant
from the exercise Of its corporate powers
In the transaction OF insurance business
In Kansas, until duly authorized so TO do In
accordance with the laws OF the State of
Kansas by the Superintendent OF Insur-
ance.
Dissenting opinion by Johnson, ].
The court has given no consideration to
the power and discretion OF the Superin-
tendent OF Insurance as affecting the do.
fendant, nor as TO whether the company
was formerly entitled to q license from
that officer. As there is no actual contrO-
Versy between the parties, these matters
were not presented for decision, and the
only question Is What order shall be en-
ASIeu VA uinpoSlub VI tHS GdSel Inc Sole
purpose OF the proceeding was to oust the
defendant and to exclude II from transact
ing Insurance business In the State Of
Kansas.
1t answers that it has ceased to do busl-
ness, has withdrawn from the State, and
has paid into the court all accrued costs,
and those things are shown by undisputed
testimony Having surrendered the priv
ilege formerly exercised and gone out OF
the State, the purpose Of the proceeding
has been fully accomplished, and nothing 10
left for trial, nor anything upon which to
base a judgment Of custer. There Is moth
Ing to show that the withdrawal from
the State Is temporary, nor to impeach
the good faith Of the defendant In stating
that II has left the State. Not being in the
State nor claiming the right to do busi-
ness here what is there to oust, or uDOn
which such judgment can operate? state
VS.. Graham, supra, Is not authority here.
There the term OF the officer had not eE-
plred, and he still claimed the right to the
office. In the Topeka and University cases,
referred to In the majority opinion, the
defendant up to Judgment claimed the
right to exercise certain franchises and
continued to usurp authority not conferred
by law. 1t has been the ordinary practice
heretofore In a case like this where q trial
upon the merits cannot be had to enter an
order OF dismissal (Hurd VS.. Beck, as Pac
Rep. 90; Kansas State Board OF Health VS.
State eX rel, decided December 1877 And
this, | think, should be the order In the
present case.
A true copy.
Attest: JNO. MARTIN
LSeaLl Clerk Supreme Court.
The Advocate and news., 1898-01-19
No. 1O93I.

The State Of Kansas on relation Of l.. G.
Boyle, Attorney General
VS..
The Mutual Life Insurance Company OF
New York.
Original Proceedings in Quo Warranto.
JUDGMENT FOR PLAINTIFF.