davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-05-18
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
REVERSED.
Syllabus.


REVERSED.
Syllabus. McElroy, j.
/. A change of venue should not be
granted upon a mere suggestion, or upon
an affidavit stating conclusions; such
change should be granted only for cause
true in fact and sufficient In law.
g. Evidence Is competent which tends TO
prove a material issue upon the trial.
Where there Is some competent legal
evidence tending to sustain the plaintims
right Of action, II is not error for the court
to Overrule demurrer to the evidence and
allow the plaintiff to amend his petition to
conform to the proof.
d II is not error for the court to refuse
to give instructions as prepared by the
party requesting the same. where the court
gives In it's general charge the substance OF
the instructions requested.
5. In an action to set aside and reform
written contract for fraud, and insert other
provisions to conform to the alleged orig
inal agreement the proof must be fun.
clear and decisive. A mere prepOndeTance
Of the evidence Is not enough: such facts
must appear beyond reasonable contro'
The Advocate and news., 1898-05-18

4 jury.
| A true copy.
| Attest: w. ii. THOMPSON
IseaLl Clerk
Kansas Court Of Appeals, Northern be-
partment, Eastern Division
No. 29l.
Western Union Telegraph Company, plain
tiif In error,
vs..
AFFIRMED.
Syllabus. McElroy, j.
/. Evidence is competent II II tends To
prove any material fact necessary to sup
port material allegation OF the petition.
2. copy OF telegraphC message prop
erly identified may be introduced I'm evil
dence where the evidence offered has es-
tablished conclusive presumption OF the
destruction Of the original
3. lf II appears from an examination of all
the evidence that a witness has an inde-
pendent recollection I'm the main OF trans
action ne may use memorandum, made
by another, to refresh his memory as TO the
details thereof.
A true copy
Attest w. II. THOMPSON.
lSeaLl Clerk.
Kansas Court OF Appeals, Northern De-
partment, Eastern Division.
No. SS7.
James Grubb and Henry Poston, plaintiffs
in error,
VS..
G. b. Troy and j. C. Purvls, defendants In
error.
REVERSED.
Syllabus. McEroy, J.
l. An error Of the trial court in excluding
competent testimony is immaterial where
the court finds the fact to exist which the
offered testimony tended to prove
2, Where the suretes for an insolvent
debtor, for the purpose OF enabling the lat
ter to pay his obligations, agree to furnish
the debtor with sums of money sufficient
to pay the rent on n tract OF land pay all
expenses of planting, cultivating, raising a
crop OF corn, the living expenses Of a
debtor and his family, and all the debtors
necessary hired labor while raising tho
crop; the crop by agreement to be the prop
ertY of the suretles and they to pay the
debtor for his services seventeen and one
half cents n bushel In the field for all the
corn raised. The payments to be made,
first, BY deducting the amounts advanced
for expense by the suretes; second, the
balance then remaining to be applied In
payment Of the notes for which the sure
ties are liable; third, any surplus then re-
naming to be paid to the debtor: Held, that
such agreement Is contract Of hire
A true copy.
Attest: w. III. THOMPSON,
[ScaLl Clerk.
The Advocate and news., 1898-05-18
Syllabus.

A true copy.
Attest: w II. THOMPSON,
[seall Clerk.
Kansas Court of Appeals Northern De-
partment Eastern Division.
No. 434.
The Kansas City Car and Foundry Com
pany, plaintiff In error,
VS..
Reuben w Sawyer defendant in error.
AFFIRMED.
Syllabus. McIGlroy, j.
!. it Is the duty Of q master to furnish It's
employees with a reasonably safe place at
which to work, and If 1t delegates to an
other the duty Of selecting material, or the
building Of scaffold, such delegated per-
son becomes vice-principal for whose acts
1t is responsible. servant to whom the
master entrusts the duty of selecting ap-
plianCes for other servants to work with
is not their fellow-servant so as to prevent
liability of the master to them for injuries
caused by his negligence In performing that
duty
A true copy.
Attest; w. II. THOMPSON,
lSeaLl Clerk.
partment, Eastern Division.
No. 524.
Board of County Commissioners OF Atch-
isOn county, plaintiff In error,
vs..
Timothy d. Sullivan, defendant in error.
AFFIRMED.
Syllabus. Mahan, p. j.
Sullivan sued the Board OF County Com
missOners of Atchson county, under the
provisions of paragraph 7l34, General Stat
utes Of 1889, to recover damages on account
of injuries sustained by him from being
thrown into chasm in the highway, Oc-
casioned by the removal Of the superstruc-
ture Of a county bridge. He alleged In his
petition that the superstructure was re-
moved by the direction OF the Board of
Commissioners, including its chairman, un-
der a contract therefor signed by the chair
man, more than five days before the injury
complained Of but did not allege further
notice of this defect to the chairman of
the board. Held, that the chairman OF the
board would be presumed to know what
was done by the boards direction, and that
the allegation was a sufficient averment OF
notice to entitle the plaintiR TO recover.
And held further, that the removal OF the
superstructure created a defect In the
bridge as contemplated by the provisions
Of said paragraph 7lA.
A true copy. -
Attest: w H. THOMPSON,
ISeaI.I Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. 224.
The Mccormick Harvesting Machine Com
pany, plaintiff in error,
VS..
Perry Hayes, defendant In error.
The Advocate and news., 1898-05-18

State Of Kansas, IS.
I, w. II. 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 originals thereof remain on
file I'm my office.
Witness my hand and official seal at my
office in the city Of COncordia, this 9th day
of May, 1898. w. II. GATES,
[Seal1 Clerk.
The Advocate and news., 1898-05-18
Kansas Court OF Appeals, Northern De-
partment, Eastern Division.

Kansas Court OF Appeals, Northern De-
partment, Eastern Division.
No. 1913.
w. s. Combs, plaintiff in error.
VS.
j. II. NIlchaells ct al, defendants in error
AFFIRMED.
Syllabus McElroy, J.
In an action for the recovery Of the
amount due for the construction of drain
age ditch, where the statute authorizing
such construction provides for the levy and
collection of a specific fund according to
benefits to pay for the construction thereof
the petition must allege the collection Of
the fund.
A true copy.
Attest W. II. THOMPSON,
[Seal1 Clerk
Kansas Court of Appeals, Northern De-
partment, Eastern Division
No. SO7.
The Kansas Town Company, a corporation,
plaintiff in error
VS..
M. c. Mclean, as county Treasurer Of Wy
andOtte county, Kansas, ct al, defendants
in error.
REVERSED.
Syllabus. Mahan, p. ].
/. We adhere to our ruling announced in
Kansas Town q Land Co " Allen, 81 Pac.
Rep. 8Ol, that chapter 66 Of the session laws
Of 1898 do not violate any constitutional pro-
vision.
g. In 1884 the Board of Commissioners Of
WyandOtte county. under the provisions of
chapter 115a, General Statutes of 1889, made
an order vacating the streets, alleys, lots
and blocks comprising the land in cOntro-
versy, then being an addition to the city
of Argentine. The Legislature of 1893 by
chapter 66 Of its session laws, provided that
where this had been done with respect to
any portion of town site being part of
a city of the first second or third class,
that from and after the passage of the act
such land should no longer be a part of
the municipal corporation. The fact that
such action of the Board Of County Com
nissiOneTs was invalid by reason Of the
construction of chapter lisa, announced by
the Supreme court in City OF Ottawa v.
Rohrbaugh, AZ Kan. 253. does not prevent
the operation of the statute of 1893, and
upon the passage OF that act the land In
controversy eeared TO be part OF the
The Advocate and news., 1898-05-18

and claimed that he had contract I'm parol
with the agent for one-half OF the pro-
ceeds OF the note as fees. After some con-
tention, Matthews was induced by the rep
resentations OF Robinson that he had such
same by one Lawrence, to permit Robinson
TO retain $S5l5 and to accept 81 200 in full
payment. Matthews brought this suit 20
recover the balance, and Robinson an
swered and relied upon the settlement as
defense. Held, that the burden WAS upon
Robinson to prove that the settlement was
fair and was entered into by Matthews
without any fraud or Misrepresentation
on the part of Robinson.
The Advocate and news., 1898-05-18
REVERSED.
Mahan. P. ].
Syllabus.

Syllabus. Mahan, T. j.
The defendant bought Of the plaintiff o
soda fountain. Upon receipt of one ten
deTed as performance OF the contract ne
ton therein. He set II up and used 1t for
four months, but refused payment, claiming
the right TO return the property for the rea--
son that 1t was not the article purchased
and that he held It subject to the plaintins
order. The continued use after knowledge
Of the deficiency was an acceptance, and m
consistent with this claim, and the plaintln
was entitled to recover the contract price,
less any damages Occasloned by dinerencs
in a value between the article sold and
the one delivered.
The Advocate and news., 1898-05-18
State OF Kansas, ss.

State OF Kansas, ss.
I, w. n. Thompson. Clerk Of the Kansas
Court OF Appeals, Northern Department,
Eastern Division, do hereby certify the
above and foregoing to be true, full and
complete copies OF the syllabl in the there
in entitled cases as the originals Thereon
remain on file in my office.
office in Topeka, Kas., this 11th day or
Nav. 1898. w. H. THOMPSON,
fSeai 1 Clerk.
The Advocate and news., 1898-05-18
Kansas Court OF Appeals Northern De-
paTtment, Eastern Division.
No. 554.

John Montague, plaintiff in error,
VS..
The Board Of County Commissioners OF
Jefferson county, James Grltiitts. II. y.
Bradford, John ID. Hines and L. M. Tut,
defendants In error.
REVERSED.
Syllabus. McElroy, ].
/. That portion OF section /, chapter 16l,
laws Of 1886, which reads: THAT II shall be
unlawful to divert any natural water course
from well deIined channel" IS not by
direct terms, nor by implication, repealed
by chapter 204, laws OF 1891
true copy
Attest: w. II. THOMPSON,
ISeal1 Clerk.
The Advocate and news., 1898-05-18

Kansas Court OF Appeals, Northern be-
partment, Eastern Division.
The Advocate and news., 1898-05-18
Kansas Court of Appeals, Northern De-
partment, Central Division.

Kansas Court of Appeals, Northern De-
partment, Central Division.
No 2S5.
John McLane, administrator of the estate
of c. s. Averill, deceased, plaintiff in
error,
Samuel T. Allison, Lettie Fl. Allison, Will
liam Docking and the Phoenix Loan and
Building Association, defendants In error.
Error from Clay County District Court.
AFFIRMED.
Syllabus. BY the Court. McElroy, ].
l. A covenant of warranty in a deed Of
real estate is not restricted by an exception
in a preceding covenant against incum-
branCes.
2. A mortgage given to secure the pay
ment of q pTomissOry note Is a mere Incl
dent at all times. When the note is barred
by the statute of limitations the mortgage
Is barred There exists on such mortgage
no cause of action Independent of the in
debtedness.
Mahan, p. j., concurring.
Wells, j., dissenting.
A true copy.
Attest: w. Fl. GATES,
[Seal.1 Clerk.
The Advocate and news., 1898-05-18
No. 294.

Western Union Telegraph Company, plain
tiT in error,
vs..
Collins a. MOorehead, defendants I'm error
The Advocate and news., 1898-05-18

municipality of the city OF Argentine and
ceased to be subject to taxation therein.
A true copy.
Attest: w. ii. THOMPSON,
lSeaLl Clerk.
The Advocate and news., 1898-05-18
published May IS, 1881
Appellate Court SyIIabi.
Kansas Court OF Appeals Northern De-
partment, Central Division.
No $50.

partment, Central DIVISION.
No. $50.
Andrew Daniel Chapman, plaintiff In error,
VS..
The II. ID. Lee Mercantile Company, de-
fendant in error.
Error from Saline County District Court.
AFFIRMED.
Syllabus. by the Court. McElroy, ].
l. A district Judge at chambers, has au>
thority to permit the amendment OF an
affidavit for an order of arrest, and when
such amended affidavit is made and filed
Il becomes part of the records of the case
and may he read and considered as evil
dcnce on the hearing OF a motion previously
made to Vacate the order of arrest.
2 The proceedings I'm attachment and In
arrest and bail are not necessarily eXclu-
siVe Of each other. The mere levy Of an
attachment does not satisfy the debt In
order for an attachment to have that cf-
feet II must he shown that the property
levied upon was sufficient for and applied
to the payment Of the demand sued on.
Wells, j., concuTrlng.
Mahan, =. j., dissenting.
A true copy.
Attest: w. II. GATES,
[SeaL1 Clerk.
The Advocate and news., 1898-05-18

Kansas Court of Appeals. Northern De,
partment, Eastern Division.
The Advocate and news., 1898-05-18
REVERSED.
McElroy, ].
Syllabus.
Kansas Court OF Appeals, Northern De-
partment, Eastern Division.
No. 346.

No. Ub.
James w. Tufts, plaintiff in error,
VS..
l.. ID. Mable, defendant In error
The Advocate and news., 1898-05-18
No. 32S.

w. s. Combs, plaintiff in error,
VS..
]. II. Michaelis ct al, defendants in erro
The Advocate and news., 1898-05-18

yersy, and the court should so instruct the
jury.
A true copy.
Attest: W. ii. THOMPSON
lSeaLl Clerk.
The Advocate and news., 1898-05-18

true copy.
Attest: w. IL. THOMPSON,
lSeal1 Clerk.
The Advocate and news., 1898-05-18
No. 524.

Board of County Commissioners OF Atch-
isOn county, plaintiff in error,
VS..
Timothy d. Sullivan, defendant in error.
The Advocate and news., 1898-05-18

James Grubb and Henry Poston, plaintiffs
In error,
vs..
c. b. Troy and ]. c. Purvs, defendants in
error.
The Advocate and news., 1898-05-18
AFFIRMED.
Syllabus.

Kansas Court of Appeals, Northern De-
partment, Eastern Division.
The Advocate and news., 1898-05-18

A true copy .,
Attest: w. Fl. THOMPSQN,
ISeal Clerk.
The Advocate and news., 1898-05-18

Kansas Court of Appeals, Northern De-
partment, Eastern Division.
The Advocate and news., 1898-05-18
Kansas Court Of Appeals. Northern De-
partment, Eastern Division.

AFFIRMED.
Syllabus. Wells, j..
A party purchasing lots on the margin Of
town site purchases only the land con-
tanned within said lots, and cannot recover
from a grantor a sufficient amount Of land
owned by said grantOr adjoining said lots
outside the limits of said town site, to
make up deficiency in the size thereof.
A true copy.
Attest: w. III. THOMPSON,
lSeall Clerk.
The Advocate and news., 1898-05-18
No, 3lt.

d. G. Dusenberry, plaintiff in error.
VS.
IL. Bennett ct AL, defendants in error.
The Advocate and news., 1898-05-18
Kansas Court of Appeals, Northern De-
partment, Eastern Division.

The Fish Keck Company, plaintiff in error
VS.
Charles b. Rodlon, defendant In error
The Advocate and news., 1898-05-18

A true copy.
Attest: w. Fl. THOMPSON,
lSeal1 clerk.
The Advocate and news., 1898-05-18

a true copy.
Attest: W. III. THOMPSON,
[Scal1 Clerk.
The Advocate and news., 1898-05-18

Kansas Court of Appeals. Northern De-
partment, Eastern Division.
No $50.
A. s. Johnson and John e. Frost, plaintiffs
in error,
Vs.
The BuTdett Town Company, defendant in
error.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-07-02

one year, % cents; three years, so
cents; over three years, 800.
Mortgages over 81 900 and not
exceeding 81, 800, % cents; each adj
ditional $500, 25 cents.
Steamboat tickets to a foreign
country, if costing $50 or less, 81;
between $50 and $50, so; over
$50, SIS.
Proxy for voting at conventions,
10 cents.
Proprietary medicines are all re-
quired to be stamped, the tax be-
ing five-eighths of cent on %
cent article, and five-eighths of a
cent for each additional % cents in
value.
Chewing gum, 4 cents for each
dollars worth.
For seats or berths in sleeping
cars (parlor) the ticket shall have
cent stamp attached, to be paid
by the railway company.
Sugar and petroleum refners
shall pay tax of one-fourth of
one per cent on their gross receipts.
An inheritance tax is also pro-
vided.
Tea shall pay duty of 10 cents
per pound.
Tobacco, tax II cents per pound.
Cigars, tax SO 60 per thousand.
Beer, tax $1,00 per barrel.
Bankers pay a special tax of $50
on every $4,000 employed and
$500 for each additional 81, 900.
Proprietors of circuses, museums.
bowling alleys, billiard halls, etc
all pay special taxes.
And in addition to the above
there are many other articles toe
numerous to mention tina require
the new revenue stamp.
Severe penalties are prescribed
for failure to comply with the reg
ulations laid down.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-07-02
VOLUME VIII.

THE HERALD enters upon its
eighth year of publication with this
issue. 1t is growing to be a jour
nal of quite respectable age. 1t
has been a pail bearer Of all its
early contemporaries, for of all the
newspapers in existance in Kootenai
county in 1891, the HERALD alone
survives. We have not had the
best field in Kootenai county, nor
have we ever been the beneficiary
of any Of the political rings of the
county, so that whatever of success
the HERALD has achieved has been
upon its merits as a fair and fear.
less newspaper. That the HERALD
has been consistently and persist
antly upon the fright side" is shown
by the unfailing reputation of the
men and cliques that the HERALD
has opposed, when the people have
had time to consider and chance
to express their will in reference tc
such men and cliques,
The HERALD hopes to merit the
continued support of the public
for which support in the past il
here acknowledges its great obliga-
tions.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-07-02
stampsI stampsu StampslIl

The war revenue act went into
effect yesterday, and hereafter a
man will be obliged to carry a
pocket full of the new revenue
stamps required by the new act, if
he expects to travel or do business.
The following are some of the
taxes required:
Every bank check, 2 cents.
Bonds or certificates of indebt-
edness of any kind, l cent.
Draft or certificate of bank de-
post, 2 cents.
Promissory notes, less than 500,
, cents; each additional 800, ,
cents.
Bill of lading to a foreign port,
10 cents.
Every express or freight bill, 1
cent.
Every telegraph message, / cent.
Every telephone message, l cent.
Indemnifying bonds and official
bonds, 80 cents.
Certificate of any deposition re-
quired by law, 10 cents.
Every deed for conveying real
estate over 500 in value and less
than $500, 50 cents; each additional
$500, 50 cents.
New life insurance policies pay
8 cents on each 500, except fra
ternal companies.
Fire insurance pays one half Of
one per cent on amount insured.
| Leases of land and houses for
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-07-02

WHEAT has taken an awful tum-
BILE. On June 1 the Idaho rancher
could get 76c for club sacked at
country points. On July he
could get only 46c-a falling off in
price of nearly half. The Oregon
election was carried on the wheat
argumenl-that the good price was
due to gold standard prices. If
the gold standard made the price
on the day of the Oregon election,
it must make the low price of to-
day. The gold standard does this
1t builds up monopolies and per-
mits syndicates to corner markets
at the expense of the public, just
as young Letter attempted to do
with the wheat Market Letter
failed, but other gold standard
robbers have succeeded and plum
dered the nation. Give us blmet-
allism.
The Republican journal., 1898-09-29

the Spanish war began, the Atlantic
promptly reviewed the whole question,
and showed the justitiable and inevitable
causes of our action; and now that the
war is closed, the Atlantic is to discuss
the new situation and the new problems
and tasks which confront the country, ex-
hibiting a spirit of hope and courage
which fully accords with the true nation
al feeling of our country to-day. Elisee
Reclus, the famous geographer, also dis
cusses from European standpoint the
pending division of China, and our rela-
tons to the Far Eastern question com
mercial and political, and Worthington c.
Ford compares the putative values OF
East Indian and OF West Indian Com
merce, deciding strongly in favor of the
latter.
The Republican journal., 1898-09-29
Scottish Rite Counc lis.

CINCINNATI, Sept. %. The supreme
council of sovereign grand inspectors of
the 33d degree, Scottish rite, for the
Northern Masonic jurisdiction, opened its
seth annual session here to day. The
supreme council was opened in full cere-
monal form by Henry L. Palmer, most
Puissant sovereign grand commander.
The supreme council this morning con-
ferred the 33d degree on several candi
dates. The officers Of the supreme coun-
ell participating in the ceremonies during
the day and in the work of comforting the
33d degree tonight included the follow
ing: Marquis Fayette King, Portland,
deputy of Maine; William j. Durham,
Grand Almoner, Auburn, Me.
The Republican journal., 1898-09-29
thimble would grow if you planted it?''
Eyes; l asked him, and he said I'm

thimble would grow if you planted it?''
Eyes; asked him, and he said I'm
hum just as plain.''
Mamma was filled with pity for her lit
tie girls disappointment and with indig-
nation for her brother, whom she inter-
viewed at once.
George, what did you mean by telling
Ethel that foolish stuff about her thimble
growing if she planted it?''
"Why, Julia, | never said anything of
the Sort
'.Yes, you did, Uncle George. | asked
you if it would grow if l planted it, and
you said it would
Then must have been dreaming"
mo, You wasn't; you was reading the
paper"
Mrs. Savage laughed
"fhat accounts for it; you know You re
never responsible when you re reading
war news
Uncle George was Just as sorry as he
could be, and mamma stayed at home
from the sewing society and finished her
own bag and helped Ethel with hers until
that, too, was done, and in the evening
they carried them to the president of the
society and she sent them with the rest to
Tampa.
But the best part of this story happened
to our little patriot the next morning
When she went sorrowfully out to the
locnst tree to dig again for her buried
treasure she saw at once that the fairies
had been at work in the night There, on
the ends of nine sticks, standing in a cir
Gle, We're three little red ceiuloid Thin
bles and three white ones and three blue
ones. In the centre of the circle was
planted pole from which the Stars and
Stripes waved cheerily in the morning
breeze, while on its very tip sat tiny sill
Yer thimble, and if it WASH t the identical
one she had planted, it was 50 nearly like
it that it eouldn' tell itself apart, Caro-
Ign Palmer, in Herald and Presbyter.
The Republican journal., 1898-09-29

At Probate Court held at Belfast within and for
the County of Waldo, on the second Tuesday of
September A. d. 1898.
4 certain instrument, purporting to be the last
a will ana testament of MARY CUSHMAN,
late of Montyille, i'll said County of Waldo, de-
ceased, having been presented for probate.
Ordered That notice be given to ali persons
interested by causing copy of this order to be
published three weeks successfully in the Repub-
lican journal, printed at Belfast that they may
appear at a Probate Court, to be neld at Belfast
within and for said County, on the second Tues
day of october next, at ten of the clock before
noon, and show cause if any they have why the
same should not he proved. approved and allowed.
GEO L. JOHNSON, Judge.
A true copy. Attest:
CHAs. z. HAZELTINE, Register.