davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-07-20
Kansas Court Of Appeals Northern De-
partment, Central Division.

Kansas Court Of Appeals, Northern De-
partment, Central Division.
No. S14
The Singer Manufacturing Company,
corporation, plaintiff In error,
VS.,
c. F. Armstrong defendant in error
Error from Cloud County District Court.
AFFIRMED.
Syllabus Mahan, 2. j.
/. Armstrong, as surety for DeBray,
signed a bond to the plaintih in error, re-
citing that plaintiff in error was New
Jersey corporation doing business IN the
State Of Kansas, and that 1t had employed
DeBray as it's agent for the transaction
of such business as 1t might entrust to
him, and conditioned that he would 1alth-
fully perform his duties, account Tor, pay
over and deliver all moneys, credits, notes,
leases and other property belonging TO IL
that might be entrusted to him or come
into his possession or control by virtue or
that employment, whether under or In the
absence of any present or future contract
agreement or understanding, verbal or writ
ten, or any change thereafter therein, with
or without notice to the obligors, ana re-
pay to It all expenses which 1t might incur
In ascertainlng the nature and extent or
any default In such conditions. The plain.
tiff In error, without the knowledge or
Armstrong, terminated TINS employment ~
Iiansas, removed DeBray to Missouri
where he was re-emplOyed under a new con-
tract, and after a lapse Of some years
returned him to Kansas, again employing
him at the city Of Lawrence therein. Held,
that the termination of the contract Of
employment at Concordia, in the State of
Kansas, and the removal Of DeBray to the
State Of Missouri, discharged Armstrong
from any obligation upon the bond on
account Of defaults occurring thereafter.
g. A provision in such bond for the pay
ment Of attorneys fees violates the pro-
visions of section 1896, General Statutes OF
1889, and cannot be enforced.
McElroy, J., concurring.
Wells, j., dissenting.
A true copy.
Attest: w. II. GATES,
[SeaLl Clerk.
The Advocate and news., 1898-07-20

and after the sOth day OF July, at the Of
ilce OF w. w. Rose, Superintendent, ae
Kansas City, and also at the asylum for
imbeclles and idiots at Winfield, Kansas.
Each separate proposal will be accom-
panied by q check 10 be certified by tho
president or cashier OF the bank upon
which Is drawn for a sum not less than
Ave per cent. OF the amount Of said pro-
posal, made payable to p. III. Dolan, Treas
urer OF the Board, and to be forfeited to
the State OF Kansas for damages sustained
in case the bidder for FIVE days fails 10
enter into contract for the work bid upon,
and to give a satisfactory bond for the
faithful performance OF the contract In
case award Is made to him.
The attention OF bidders Is called to chap
ter ia, session laws, State OF Kansas, 1891,
in relation to eight hours constituting a
days work.
Blank form OF bids will be furnished TO
those requesting them. The board reserves
the right to reject any and all bids.
Bids to be sealed and addressed to III. g.
Jumper, President of the Board OF Trus"
tees, state Charitable Institutions, Topeka,
Kansas, and be marked Proposal for
Heating and Ventilation Work at Win
field"
8. C. WHEELER,
Secretary Board OF Trustees State Chari-
table Institutions.
The Advocate and news., 1898-07-20
(Flrst published July l3, 1882
Proposals.

Sealed proposals will be received at To-
Charitable Institutions until IL o'clock,
noon August 1S, 1898, heating and ven-
tilatlon OF the new ward building at the
asylum for imbeciles and idiots at Win
field, Kansas. The bids will be considered
for all work and materials complete.
This work Is authorized by the Board Of
Trustees of the State Charitable Institu-
under section 2, chapter %, Of the session
laws Of 1897.
Plans and specifications may be seen on
The Advocate and news., 1898-07-20

LNOR gALn OR HXCHANG GE.-LThree nice eighty
Il aero farms go per acre; improved; want Topeka
property. Many suburban homes, away down, on
long time. Amy number Of acres you want, close 20
the city, long time Rt per cent Several fars OF
Gao per acre from 40 to $40 aores well improved long
time Send me description Of your merchandise for
sale or exchange always have customers. John
L. Howard, A0l Kansas Ave. Topeka,
The Advocate and news., 1898-07-20
In the Kansas Court Of Appeals, Northern

III lne hhHshS court Oh AppehlSp NOElneEH
Department Eastern Division.
State OF Kansas, Shawnee county, ss.
l. w. II. Thompson, clerk Kansas Court
Of Appeals, Northern Department Eastern
Division, do hereby certify that the above
and foregoing are full, true and correct
copies Of the syllabi OF the court handed
down at Topeka, Kas., on the 8th day OF
July. A. ID. 1898, and fled In this office on
the same day.
Given under my hand and the seal OF said
court, at my office In the city OF Topeka,
this 18th day Of July, A. ID. 1893.
[Seall w. III. THOMPSON,
Clerk Kansas Court Of Appeals, Northern
Department, Eastern Division.
The Advocate and news., 1898-07-20
In the Kansas Court Of Appeals, Northern
Department, Eastern Division.
No. S75.

NO. 3I6
w. Fl. Alston, plaintiff in error,
vs.
Northwestern Live Stock Insurance Com
pany, of Des MOnes Iowa, corporation,
defendant in error.
Error from District Court, Shawnee County,
AFFIRMED.
Syllabus. Mahan, P. j.
/. The policy issued by the defendant in
error upon the PLAINTIFF shorse contained
the following provision: "And he shall In
every case at once notify this company,
at the home office in Des Moines, Iowa, by
telegram, OF the fact of such sickness or
accident otherwise this policy shall be
void" 1t is admitted that the notice was
not given, although the horse was sick
about nine days before 1t died. Held, that
the condition was made material one by
insertion in the policy, and the failure TO
give the notice rendered 1t void.
2. After the death of the horse, upon ap-
pllcation OF the plaintiff, the company fur
nished blanks upon which to make proof
Of loss, and in the letter transmitting them
Is this statement: "The company has no In
formation upon the subject except your
statement nor has 1t any information with
reference to the other facts and circum-
stances attending the death Of this horse"
Proofs of loss were then made out and for
warded to the company upon receipt or
which they disclaimed liability on account
of not having received notice as required
by the policy. Held, that furnishing blanks
for proof of loss was not waiver OF the
condition providing for notice.
A. true copy. -
Attest: w. II. THOMPSON,
[Seal.l Clerk.
The Advocate and news., 1898-07-20

Of them mail" writes th0
establishment Pennsylvania where servants are employed
feeling
the dragged then she
servants huceanng che
depend
and that they
with
administers the TaeS when there extra work done when tho
will believe
them'" This lady further said:
% Servants
the b
experience Tab CurOan for nearly small Illness that b@
household"
The Advocate and news., 1898-07-20
In the Kansas Court of Appeals, Northern
Department, Eastern Division.
No. S7S.


No. S70
Margaret A.. shaffer, plaintiff in error,
VS..
John ID. Knox, Jr., James Enlow, Oliver A.
Spencer, ]. B. McAfee, assignee Of John
ID. Knox 4 Co., and j. b. McAfee, as
signee Of John ID. Knox, defendants In
error.
Error from Shawnee County.
REVERSED.
Syllabus. Wells, ].
l. In an action brought in the Circuit
Court Of Shawnee county by creditor Of
insolVent debtors to set aside O deed made
in fraud of the rights Of the creditors ana
to subject the property therein described TO
the payment Of plaintiffs claim, said ac-
tion was decided against the plaintiH
solely upon the grounds that as the plain
tiff had presented a claim for his debt TO
the assignee for the benefit Of the cred
itors of the said debtors for that reason
said action would not lie. Held, that said
decision Is res judicata as to the right or
said debtor to pursue said property for the
satisfaction of said debt.
g. The sale Of attached property under an
order Of sale issued after final judgment In
attachment proceedings without any ap-
praisement having been made under said
order OF sale, but for more than tWo-thirds
of the actual value thereof and for more
than twO-thirdg Of its appraised value un-
der the order OF attachment, is not absO-
lutely void but voidahle.
Attest: w. III. THOMPSON,
IseaL.l Clerk.
The Advocate and news., 1898-07-20

For GENERAL STATUTES OF KAN
SAS 1897, compiled by Judge w. G. Webb
by authority OF Legislature (price So, ad-
dress Kansas Statute Co., Topeka, Kas.
The Advocate and news., 1898-07-20
Published July 20, 1893.
Appellate Court Syllabi.
Kansas Court Of Appeals, Northern De-
partment, Central Division.

Kansas Court Of Appeals, Northern De-
partment, Central Division.
e No. 2s9
John w. Edminson, plaintln in error,
VS..
The City Of Abilene, defendant in error.
Error from Dickinson County District
Court.
AFFIRMED,
Syllabus Mahan, p. j.
The authority conferred by statute upon
cities OF the second class to Issue funding
bonds must be exercised by the enactment
of an ordinance under the forms required
by the statute Incorporating such cities,
and cannot be exercised by resolution;
Hence, resolution passed by the council
of the defendant city did not authorize
the Mayor and Clerk to issue the bonds
sued upon herein, and the same are In
valid in the hands of an innocent pur-
chaser, such bonds having been issued to
fund no lawful debt existing against the
city and being without consideration.
McElroy, j., concurring.
Wells, j., dissenting.
A true copy.
Attest: W. H. GATES,
TseaIj Clerk.
The Advocate and news., 1898-07-20
State of Kansas, IS.

State Of Kansas, ss.
l, w. H. Gates, clerk Of the Kansas Court
of Appeals, Northern Department, Central
Division, do hereby certify the above and
foregoing to be true, full and complete
copies Of the syllabl in the therein entitled
causes, as the original thereof remain on
file in my office.
Witness my hand and official seal, at my
office, in the city of COncordia, this 18th day
of July, A. D., 1S9S w. H. GATES,
TSeai1 Clerk.
The Advocate and news., 1898-07-20

office in the city of COncOrdta, this 15tn day
Of July, A. D., 1898. w. II. GATES,
[Seal] CLERK
In the Kansas Court of Appeals, Northern
Department Eastern Division
No. 88.
Joseph Reed, plaintiff in error,
Vs,
]. H. MARBLE, Justice of the Peace, and
J. B. Billiard, defendants in error
Error from Shawnee County.
AFFIRMED.
Syllabus. Wells' j.
Under section 76 Code of Civil Procedure
before Justices, paragraph 1926, General
Statutes 1889 a Justice of the Peace before
whom an application for a change of
venue is pending, has the authority to sum-
marily determine the legal competency OF
the other Justices Of the Peace OF the same
township to try said cause so as to give
jurisdiction to q Justice Of an adjoining
township to whom he transfers the case
to proceed and try the issues therein.
Attest: p' w. H. THOMPSON,
[Seall CleEA'
In the Kansas Court Of Appeals, Northern
Department, Eastern Division.
No. 32.
Highland University Company, corpora
ton, plaintiff In error,
va.
John s. Long, defendant in error.
Error from DonIphan County.
AFFIRMED.
Syllabus. Mahan, J.
l. AT the beginning Of the trial of this
case counsel for plaintiff asked the courts .
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
teachers Institute at Hazel Green.

An institute for the instruction
Of teachers will be held at Hazel Green
beginning August ) and continue
one week
Conductors: Prof. A. j. Schuster
OF Madison and Prof. G w. Gehrand
of Boscobel
Persons who intend to teach in this
portion of the county should show
their desire for excellence by attend
ing this institute. Certificates of at
tendance vii. be furnished Bring
your manuals and books for review.
Music and reading matter furnished.
School officers will note that the
most efficient teachers are quick to
seize every opportunity 10 improve
their work, and the institute furnishes
many advantages not found elsewhere
,t.rnd the entire session and so lusti
fy yo'rr own teachings TO your pupils.
CnAs II. NYE, Co. Supt. Schools,
24w2
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
Remarlsab e Rescue.

Mrs. Michael Curtain, Plainfeld, Ill.
makes the statement that She caught
cold which settled on their lungs; She
was treated for month by her family
physician but grew worse. He told
her she was hopeless victim If CON
sumption and that no medicine could
cure her. Her druggist suggested
DR.. Kings New Discovery for Con-
sumption; She bought bottle and to
her delight found herself benefited
from first dose She continued its
use and after taking six bottles found
herself sound and well; now does her
own homework and is aS well as she
ever was. Free trial bottles OF this
Great Discovery at j. i. Bennett's
drug store. Large bottles so cents
and Sl.00
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04

According TO accelerated anatomist
there are upwards OF 5000 600 little
glands in the human stomach. These
glands pour out the digestive Juices
which dissolve or digest the food In
digestion is want OF juice. weakness
OF glands. need Of help to restore the
health Of these organs The best and
most natural health i that given by
Shakers Digestive Cordial. Natural,
because Il supplies the materials need
ed by the glands to prepare the diges-
tive Juices Because it strengthens
and invigorates the glands and the
stomach until they are able to do their
work alone. Shakers Digestive Cor
dial cures indigestion certainly and
permanently. 1t does so by natural
means and therein lies the secret Of
its wonderful and UNMARRIED success
Al druggists, price ten cents to 81
per bottle
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
Partu Primaries.
gross.

AT republican caucus only repub-
licans ought to participate; at a dem
ocratic caucus only democrats ought
TO participate These are fundament-
al principles Of party organization.
TO deviate from them would be to rem
der party organization worthless if
not impossible
Nearly or quite all Twill assent to the
position here taken, but in the appli-
cation Of the principle to particular
eases there will be differences of opin-
ions. Who are republicans, and what
constitutes republican, are questions
that are continually coming up at
every holly contested caucus. 1t is
somewhat difficult to frame an answer
to these questions but it ought to be
easy for every man to decide for him.
self whether he is republican and be-
longs in the republican ranks. But
there are at least, three classes of
voters that ought not to take part
il republican caucus, and they prob
ably cover most Of the eases which
occasion disputes: First, all who will
not support the main features of the
national and state platform last enun-
ciated ny the party. Second indie
pendent voters so.called. who refuse
to be held by party ties and who vote
for the man and not the party
Third, men wha DO not feel under OBJ
legation 70 submit gracefully to the ,
will 81 the majority aud support gen
orally the nominees nj the caucuses
and conventions in which they partic-
ipate. To occasionally scratch
ticket ought not TO disqualify party
man. but il the scratching i habit
ual with him and includes consider
able part tthe names on his ticket it
ought 4 di>qualitv him
Republicans who believe in the tra-
dition~ and principle, 81 their party
Who work in the republican ranks and
by their conversation make their posi-
tians known. and who have sufficient
faith in the wisdom Of the majority as
expressed in nominating convention to
ratity its acton, generally are the
men who should constitute republican
caucuScs and conventions.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04

splendid record in congress and un-
swerving loyalty to the best interests
Of the nation. state and district have
endeared him to the people. 1t was
generally supposed that local pride
would outweigh other considerations
and that Mr.. Baxter would receive the
support OF the county. But the sober
sense Of the people, that it would be
unwise. especially during this war
crisis. to change safe man ike Mr..
Ba5cock for an untried one has pre-
vailed Pride in a local candidate
has given way to calm judgment
This Judgment has been strengthen
ed not little by the character Of the
newspaper support given Mr.. Baxter.
Though 20 question OF Senator Bax-
ter's loyalty to republican doctrines
had ever been raised, the fact that it
was the populistic press OF the county
and that almost exclusively that ral-
lies to his support raised the very suo-
stantial fear that if Mr. Baxter were
elected he would feel under obligation
10 listen to the teachings OF The papers
who would claim to have put him in
to office. If ever a candidate needed
protection from fool friends it was
Senator Baxter in this campaign.
1t would be graceful act for the
Grant county delegation at the Spring
Green orvention to give Senator
Baxter complimentary vote for nom
nee for congress. It would help to
correct the impression that republic
cans in this county are badly divided
md would show that Mr. Baxter is
leld in high esteem even b. the men
who opposed bis candidacy for con-
,ress.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
Teachers Examinations, Fall Series, 1898.

The fall series Of public examina.
tions Of teachers for Grant county
will be held at the following dates
and places
Lancaster High school, August ).
Hazel Green. August 1920.
Platteyille, Brick school. August
p %.
Potosi, August 26-27.
Cassville, August 29-3O.
Bloomington, August 81, Sept. l..
Mount Hope September. 2-3.
Boscobel, September 5-6.
Fennimore, September $40.
Lancaster, Supplementary at Court
House, September 1918.
Work will begin at each place at 9
O'Clock, q. m, first day, and at 3
O'Clock, a. m, second day. All who
expect to teach in Grant county. and
lack the legal qualifications. should
write at one OF these examinations, as
10 private examinations are held ex-
cept in strict accordance with law.
See New School Code, Page Is
The law makes provisions for public
examinations only, and certificates
issued on private examinations can
extend only to the next public ex-
animation The large number Of
teachers in the county who are quail
fled does not justify the superintend-
ent in issuing certificates to accommo-
date individual cases.
The following program will be
strictly followed, and teachers are re-
quested to note it carefully and ex-
pect no deviation from this arrange
ment of subjects.
First day, o'clock, a M Reading,
orthoepy, Spelling, Geography, Ply
siology, Grammar, Constitutions.
Second day, o'clock, a. m. Arith-
metic, Z. 5. History, Theory and Art
of Teaching. and Penmanship. First
and second grade additional subjects
given on second day in the following
order: Algebra, Geometry, Nat Phil
osophy, Physical Geography.
Applicants should come provided
with legal cap paper(ordinary size),
pens. blotters, and good black ink.
CHAs. II NYE, Co. Supt
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
New Train Between Dubuque
and Lacrosse.

Commencing Monday. August Isl.
the Chicago, Burlington & Northern
r. 4. Co. (''Burlington RouIeg will
place in service fast passenger train
between Lacrosse and Dubuque. stop
ping at all intermediate stations. This
train will leave Dubuque Except sun
days. at i:40 p. NJ. passing Potosi at
2:l6 p. M !, Cassville 2:41 pm. Glen
Haven 2:56 pm. Bagley sos .. M.
Wyalnsing 3:1l p. N. and arriving at
Lacrosse at sos p. N Returning
this train leaves Lacrosse (except
Sundays at 700 p. m. passing Wya-
lnsing s.5S p. m. Bagley 900 D. m.
Glen Haven 9:l4 p. m. Cassville $50
P. m. Potosi 9:52p. m..and arriving
at Dubuque 1870 .. m. In connec-
ton with the other trains Of the Bur
lington, this will afford the people OF
the towns between Dubuque and La
Crosse new and unequaIed facilities
for visiting either city. Apply to
nearest Burlington Route ticket agent
for tickets. time tables fare etc. 24t2
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
Cheap Farm Lands.

Lying in North-central Wisconsin
in the counties Of Portage, Marathon.
Jackson. Eau Claire, Longlade, Forest.
Lincoln. Clark, Wood. Price and Tay-
Tor are hundreds of acres Of the choic-
est farm lands especially adapted to
general farming, dairying and stock
raising.
Among the advantages are deep,
rich soil, unsurpassed water privi-
leges with no drouths, unequaled
market facilities. fine roads. numer-
Gus schools and churches and a re-
markably healthful climate.
The price ranges from $500 to
$500 per acre, on the very best terms.
All the land is good, none iillIIy.stony
or swampy The difference in price
depends on the location, the sur
rounding country and natural advan-
tages.
II you want land for home or an
investment you should investigate
them. Everything does well here
that will grow in Grant county.
Cheap rates to 90 and see the land.
II you prefer to locate in any other
county let me know. Any informa-
ton you wish will be glad to furn-
ish. EVERETT A. CAIRNS.
lstf Mt. Hope, Wis.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
A Great Many

Inyalids have discovered that it is a
very convenient thing 10 have spec
ialist whom they can consult in Lam
caster every month. Formerly it was
necessary when one was suffering
with any chronic ailment to 20 10
Chicago or elsewhere for the opinion
or treatment of some one Of the medi-
cal specialists there, Since Dr. Nc
Elwee has been visiting Lancaster
very few persons find that they must
go 10 the expense and inconvenience
If going 50 far away as the doctor is
fully qualified TO render complete sat
isfaction in these cases. He has lately
cured case Of lung trouble that no.
body thought could get well aud SO
il has been with many cases.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04

A comparison Of bond issues j.
something the Democratic party will
do wen to avoid. Under Cleveland
and Carlisle immense profits found
their way into the pockets III the BEN
edicts and Morgau~. Under the ad-
ministration # Mckinley and Gage
the bonds are placed in the hands Of
the people. Yetthe Democratic party
continues 10 pose As the PARTY ~ the
people.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
BORN

-@-~--~--o-@o-c~~~o~~~~~o
AZ PIatteville, July l6,to Mr.. and Mrs John
Carl, daughter.
At Platteyille June 80. to Mr. and Mrs AL
bert Schultz, a son.
!! At Platteville. July Il, to Mr.. ana Mrs Benz.
Webster daughter.
9 Al Muscoda, June 80, to Mr.. and Mrs
stephen Sharp. a son.
Al Beetown, July Il. to Mr.. and Mrs Chris
Garner. daughter.
AT Nj Ida, July 20 to Mr.. and Mrs. VIM.
BrindieY. a son.
4 At Clifton July 20 to Mr. and Mrs WIN
Warne, a daughter
z At clifton. July %. TO MIR. and Mrs. Frank
Lupeshka, a son.
!, At Georgetown, July p, to Mr. and Mrs
Henry Flush. son
AT Arthur. duly ) to Mr.. and Mrs jos Dob
son, daughter
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
Republican Congressional Convention OF
Third Congressional District.

A delegate convention Of the Republican
electors Of the Third Congressional District
of the state of Wisconsin is hereby called 10
meet at Spring Green o. the ninth day Of
August, 1898 at y O'Clock. noon for the pur-
pose Of placing in nomination Republican
candidate for Congress for the Third Dis
trict and for the transaction of such other
business as may properly be brought before
said convention.
The basis OF representation in said con-
vention viii be one delegate for every two
hundred and nifty votes. or the major frac-
ton thereof. cast for the Republican candi-
date for Congress at the last general cleo
ton. The several counties in the district
are each entitled 70 representation as fol-
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-08-04
After The Battle.

The Congressional campaign OF 1925
will rank as one Of the most spirited
and interesting in the history Of Grant
county. The character Of the contest
necessarily made il 50. On the one
hand was home candidate, Mr. Bax-
ter. who stood well politically and So
cially and who has been known as a
stalwart republican all his lie. On
the other hand was the present able
congressman. J. NJ Babcock whose