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The Advocate and news., 1898-06-15
No. 1Oss1

No. lOSSl
The Chicago, Rock Island & Pacific Rail-
way Company, and 8. III. III. Clark, ct al -,
the receivers OF the Union Pacific Rail-
way Company,
Lissa Martin, Administrative.
Error from Clay County.
AFFIRMED.
Syllabus BY the Court Allen, J.
!. A judgment will not be reversed on ac-
count OF the admission OF incompetent evil
dence where the findings OF the jury show
that they have dlsCredited such evidence
and that the fact Is contrary thereto
2. In an action against the c., r. 1. g. p.
R'y Co., and the receivers Of the u. p.
R'y Co., to recover damages for wrong
fully causing the death Of the plaintiffs 3
ntestate while passenger on the train Of
the latter company, with which train OF
the former cOllided, where the employees In
charge OF each train were charged with
negligence, and through such negligence
jointly causing the death: Held, first, that
after answer by the railway company the
receivers are not entitled to remove the
cause into the Circuit court OF the United
States either on the ground OF diverse cit
lzenship, or that the case Is one arising
under the laws Of the United States, with
out jOlnder in the petition for removal by
their cO-defendant. Held, second, that
where the negligence OF the servants OF
each defendant directly contributed to the
death of the plaintiffs intestate both are
are being operated on the roadway of the
". p Co., under an arrangement for the
joint use Of the track by both companies,
an instruction that It was the duty Of the
II ". In hn lnVN NJ 20
trains
ITO use all reasonably practical care and
caution as far as human foresight could
go under the circumstances to prevent its
trains from running into the trains of the
receivers of the u. p. Co., which were be-
Ing operated at the same time over the
same track
and diligence on the former company. Held,
fourth, where the culpable negligence Of
the employees of the receivers in charge of
their train is clearly established by the
not consider the question whether they are
also chaTgeable with the negligence OF the
servants Of the c., r. l. & p. Co.
8. The case of the c., r. I. & P. Co. VS..
Groves approved and followed.
4. A. stipulation in a stock pass, on which
the deceased was riding In terms limiting
the laDiuty OF the receivers OF Cne railway
company for injuries to him resulting from
the negligence of their servants, does not
limit the recovery Of his Administrative for
damages sustained by the widow and chill
dren through his death, for which a right
OF recovery Is given to her by section 4l8,
chapter 95 Of the General Statutes 1897.
All the Justices cOncurring
A true copy. -
Attest: JNO MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-06-15
No. llO03.
The State Of Kansas

The State Of Kansas
The Board of County Commissioners Of
Wichita County
Error from Wichita County.
REVERSED.
Syllabus. By the Court Allen, ].
/. In an action to collect interest cou-
pOns on negotiable Tefunding bonds OF a
county, brought by a party claiming to be
an innocent purchaser for value before
maturity, In which the right OF the coun-
ty officers to Issue the bonds Is denied on
the ground, among others, that at the time
they were Issued there was no outstanding
county bonds to be refunded, certificate
filed by the County Clerk OF the county filed
with the Auditor OF State showing the
facts required by section 13 chapter 46 Of
the laws OF 1897 is admissible In evidence.
q AS against a bona flde holder, for
value before maturity, OF negotiable re-
funding bonds regular In form, the record
Of a judgment in suit brought by tax
payers against the Ohcers who issued the
bonds, enjOining them from issuing railroad
bonds In exchange for which the refunding
bonds purpOrt to have been Issued, Is In
admissible either to prove the illegality Of
such railroad bonds, the fact that no such
railroad bonds were outstanding, or want
OF power IN the county OmCeTB 10 issue lno
refundlng bonds, where the holder ia not
chargeable with notice OF such Judgment.
g. The doctrine of lis pendens does not
apply to commercial paper 80 as to charge
bona fide holders Of II with notice OF suits
between third parties by which its exc
cution or transfer Is sought to be re-
strained.
All the Justices concurring.
A true copy.
Attest: JNO MARTIN,
[Seal1 Clerk Supreme Court.
The Advocate and news., 1898-06-15

For GENERAL STATUTES OF KAN
sAS 1897 compiled by Judge w. c.. Webb
by authority OF Legislature (prtce S5J, adj
dress Kansas Statute Co., Topeka, Kas
The Advocate and news., 1898-06-15
No. 1851.


The City Of Kansas City, ct al.
VS.
The Union Pacific Railway Company, ct al.
Error from Wyandotte County.
REVERSED.
Syllabus. BY the Court Doster, C. j..
/. One cannot be heard to complain that
statute which dlscrimlnates between
classes OF persons in the imposition Of bur-
dens OF municipal control and taxation is
unconstitutional as being a denial OF the
equal protection Of the law, unless he be-
longs to one of the classes Disseminated
against.
2. The statute, section Is, chapter 30, Gen
eraI Statutes 1897, which provides for the
extension of city boundaries over certain
classes of adjoining lands, is not violative
of the fourteenth amendment to the con-
stitutiOn of the United States because It
exempts agricultural lands from Its pro-
visions.
All the Justices concurring.
Attest: JNO. MARTIN,
ISeall Clerk Supreme Court
The Advocate and news., 1898-06-15
No. 1O71S.

No. 1O71S.
John F. Miller, ct ux.,
VS..
II. V. Loving.
Error from Sumner County.
REVERSED.
Syllabus. BY the Court. Allen. =.
Where lands sold at judicial sale are
required TO be appraised, the appraisement
must be upon actual view, and this Inn
plies such a view as will enable the ap-
praisers to Judge fairly OF the value OF the
land and improvements upon II. The mere
at a distance OF a half mile from the
The Advocate and news., 1898-06-15
No. 11071.
The State of Kansas
VS..
Fatty Oswald and Frank Keeping.
Appeal from Reno County.
AFFIRMED.

Syllabus BY the Court. Johnston, ].
/. While the mere ownership and possess
sion OF dice does not constitute an Offense,
to provide, use and induce others to use
them In q game of craps, by which money
or property Is won or lost, Is an Offense un-
der section /, chapter 151, laws Of 1895.
2. The dice and chips so used are a
gambling device within the meaning Of the
statute.
g. The setting UP and keeping Of a gam
bling device, and enticing and permitting
persons to gamble Herewith, when charged
to have been perpetrated by the same per-
sons at the same time, constitutes but a
single offense, for which but one penalty
can be inflicted.
4. In an information for setting up or
keeping a gambling device or for entlcing
others to gamble Herewith, 1t is sufficient
TO aver that the Offense was committed
in the proper county and State; no more
particular averment OF place being neces-
sary,
S. The testimony examined and held to
be sufficient to sustain the conviction.
All the Justices concurring.
A true copy. -
Attest: JNO. MARTIN,
[Seal1 Clerk Supreme Court
The Advocate and news., 1898-06-15
No. 1924.
John M. Shrigley
VS..
Charles G. Black, ct al.
Error from Cowley County.
REVERSED.
No. 1924.

Syllabus. By the Court. Doster, C.. j.
/. A mortgage executed upon the estate OF
a decedent by several persons who are de-
Vsees under his will, some Of whom are
executors of his estate and sign as such,
but who had no authority from the Pro-
bate court to do so, is a valid instrument,
binding the respective ObligOrs including
the executors in their individual capacity,
and constitutes a lien upon the respective
interests of the mortgagOrs in the mort
gagged estate.
g. A. demurrer for misiOlnder Of causes OF
action shown not to be well taken.
All the Justices cOncurring.
A true copy. -
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-06-15

No. 1O7Oa. ..s.,,
John c. Douglass
w.
James l.. BYers.
Error from Leavenworth County.
REVERSED.
Syllabus BY the Court. Doster, c. ].
Errors in publication notice In a suit
to quiet title, OF the metes and bounds de-
scriptiOn OF tract OF land, by which dis
tances and bearings Of lines are incorrectly
stated but In which a correct and ascer-
tainable point Of beginning and return Ia
given, will be disregarded as against q
collateral attack on the judgment founded
upon such notice, where, allowing tho
point OF departure and return control over
the errors OF distance and bearing the
description embraces the tract In question
between the parties to the collateral suit.
All the Justices concurrIng.
A true copy
Attest: JNO. MARTIN,
ISeall Clerk Supreme Court,
No. 1905.
The State OF Kansas on the relation OF Il.
G. Boyle, Attorney General,
w.
Board of Education OF the City Of Topeka
Original Proceedings in Mandamus
And No. 1909
Scott, Foresman g. Company
vs..
Board of Education Of the City OF Topeka.
PEREMPToRY WRIT AWARDED
Syllabus. by the Court Allen, !.
Boards OF Education OF cities OF the first
class which are not bound by any arrange
ment for county uniformity for text books
for the public schools are not exempt from
the operation OF chapter 179 OF the Laws
OF 1884, providing for the establishment OF
State uniformity OF text books and the
fact that the Board Of Education OF the
City OF Topeka prior to the publication Of
the law, entered into written contracts with
books to be used In the city schools for
a period OF Ave years, constitutes no de-
fense to an action OF mandamus brought
to compel the board to introduce and use IN
the city schools the books adopted by the
State Text Book Commission. The board
was without power 10 make such contracts
and they are void.
All the Justices concurrlng.
A true copy.
Attest: JNO. MARTIN,
ISeall Clerk Supreme Court
The Advocate and news., 1898-06-15
No. 1912.
Reuben Delay
VS..
l. M. Yost, ct al.
Error from Ellis County.
AFFIRMED.
Syllabus.

Syllabus. BY the Court Johnston, J.
A right Of action accrues on an under
taking given to obtain writ OF replevln
when the plaintiff fails 20 comply with the
plevin action, and the fact that he ineti-
tutes q proceeding in error to reverse the
Judgment; wherein no supersedeas bond ~
given Is no obstacle to the c0nimencement
OF an action on the undertaking, nor will
Il prevent the running OF the statute OF
limitations against such action.
All the Justices concurrinB.
A true copy.
Attest: JNO. MARTIN,
[Seal1 Clerk Supreme COurt.
The Advocate and news., 1898-06-15
No. 1905.
And No. 1909.

Scott Foresman s. Company
vs..
Board Of Education Of the City OF Topeka.
The Advocate and news., 1898-06-15
No. 1O6S9.
Madison Frame
Vs.
Henry Ashley, ct al.

Error from Court of Appeals, Southern
Department
REVERSED.
Syllabus. BY the Court. Doster, c. ].
A civil action brought under chapter AZ,
laws of 1879, General Statutes 1897, chapter
IS, section "a, against bank officers for the
recovery Of deposits received by them when
the bank was insOlvent or in falling con-
dition, Is upon liability created by Stat
ute, and is governed as to the time OF
bringing 1t by the three years limitation
provided by the second subdivision OF sec
ton IL, Civil Code, General Statutes 1897.
All the Justices concurring,
A true copy.
Attest: JNO. MARTIN,
ISeaL1 Clerk Supreme Court.
The Advocate and news., 1898-06-15

In the Supreme Court Of the State cE
Kansas tNt
/, Jno. Martin, Clerk of the Supreme
Court Of the State OF Kansas, do hereby
certify that the foregoing are true and corr
rect copies OF the syllabl OF the decisions
in the above entitled cases as the same
appear on file In my Office
Witness my hand and the seal OF the SUI
preme court, this 18th day OF June, 1895.
Attest: JNO. MARTIN, D
[Seall Clerk Supreme Court.
The Advocate and news., 1898-06-15
No. 1O597.

The Chicago, Rock Island & Pacific Rail-
way Company and Clark, ct al, receivers
of the Union Pacific Railway Company,
vs.
B. +. Posten.
Error from Cloud County.
AFFIRMED.
Syllabus. BY the Court. Allen, J.
/. Under the terms Of the articles OF
agreement made between the Union Pa
cihc Railway Company and the Chicago,
Kansas & Nebraska Railway Company on
the 18th of March, 1887, for the joint use
of the track of the former between To-
peka and Kansas City, the train hands In
charge OF a train belonging to the c., Il. /.
& p. R'y Co., successor to the latter com
pany, while on the Union Pacific track are
TO be deemed the employees Of the c., r. l.
e p. Co., and the latter company ana its
assigns are liable for injuries to passengers
on a train Of the former for injuries caused
by the negligence OF the employees In charge
Of q train OF the latter.
e. On the trial OF an action to recover
damages for personal injuries preventing
the plaintiff from transacting his ordinary
business, evidence OF the character and ex-
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10
Notice..

All persons owing US past due &C.
counts are requested to, call at our
office and either pay same our give
us a note in settlement so that we
may balance our books on Nov. 20,
1898 (the end of orr business year,.
This request is not made with a view
to curtail our credit business but to
enable us to increase it. Please call
promptly and oblige us =
j. w. TuTHALL LUMBER Co.
INV A. P. Stewart, Mgr.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10
HIGH SCHOOL NOTES,

HIGH SCHOOL NOTES.
Mrs. Trip visited school Wednes-
day.
The school house windows are be-
ing frightened up for the winter.
The class rings for the class of '98
have been purchased. Everyone
acknowledges that they are the pref
lest ones out
The high school foot ball team
was fully organized last week with
Walter Ager as captain and treasur-
or, and Manning Plotts, manager.
We expected to play the Pipestone
team here Saturday until they asked
US to- pay their expenses. We don't
expect to now. However we may be
able to arrange for game sometime
in the future.
The enthusiasm over foot ball has
become ( widespread. Numerous
teams are being organized by those
who are fortunate to be out of the
high school team. Last Saturday
game was played between the "Clary
Addition" and the cup town" teams,
resulting in a score of 81 to in fav-
or of Clary Addition.
/ All the rooms except one and
three had vacation last Friday on
account of the teachers meeting at
Mankato. Those who attended from
this school were: Miss McLaugh-
lin, Miss Wilburn, Miss Spafford,
Miss Schoregge. Miss Smoad, Miss
Hall, Miss Hyland, Miss Eaton,
Miss Case, and Mr.. Porter. They
speak good word for the meeting
and also for the Mankato schools.
The Olympic society met Thurs
day afternoon instead of Friday on
account of the teachers meeting at
Mankato. The following was the
literary program: Rec, "The I'm
finished Song."-Carrie Dayton; Es-
say, ''Evangeline"-Pearle Barnes;
Ovation, Observation-Disclosures Peter
son; Topics, John Mosher. Debate
"Resolved that Hobson is a greater
hero than Dewey. Affirmative, Bes-
sic Bedford, Edith Gale. Negative,
Max Cole and jeanette Bliss. The
judges decided in favor of the affirm
alive.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10
For Sale.

Ny village property in Clary Adj
dition. Will sell for cash or trade
for land. 40 G.S. DEAN. IS
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10
For Sale Cheap.

A pair of heavy mares at the Lake
View Livery F. D. BRowN.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10
For Sale.

Odd pieces of silver ware below
cost. Call afternoons at the resi-.
dence of Mrs. P. Nelson's, corner II
and 3rd Ave. II If
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10

Now is the time to fill your coal
bins for winter. I am delivering
best grade hard coal at SITS.
F. c.. TURNER.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10

A new line of walking hats and
sailors received at McNaughton & Co.
Born, to Mr.. and Mrs. Joseph
Loveless, Wednesday, Nov. 9th. a
girl.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-11-10
HYMENAL.

At the residence of Rev. H. G. Car
ter, Wednesday evening, November
2, 1898, Mr.. Henry D. Bauermeister,
OF Chicago, to Miss Addie Coyer, of
Indian Lake township, Rev. Carter
officiating.
The bride is sister of F. Coyer
of this township and is we'll and fav-
orbly known, and the groom has been
at work in this neighborhood and is
an industrious young man.
Mr.. and Mrs. Bauermeister intend
to remain here until spring, when
they will take up their residence in
Chicago, followed by the best wishes
of their many friends.-Graphic,
Round Lake.
The San Francisco call., 1898-08-13
WHERE CATS ABOUND
 WITH Y0WL TERRIFIC
FELINES MAY SEVER A LONG
 STANDING FRIENDSHIP.
District Attorney Foote's Pets h. crease, Multiply, Vail Nocturn- ally and Rob the World
 of Rest and Joy.

United States District Attorney Foote now goes about with an air of distraction added to his usual dignity. Occasionally he may be observed to take sudden start and to ejaculate scat" MT. Foote Is haunted Gaunt felines ever arch their backs before his excited imagination, in his ears ring the yowl of the fence-walk- ing Tom. and all about him the air seems flled with floating hair. He has dreams of kittens, single or in filters. Phantom pussles cavort upon his chest as he slum- bers. The case is melancholy one.
 For time MT Foote lived out on Green street. and a trio of cats adopted him. They fed in his back yard, and behaved themselves in a manner altogether seem ly. The Barclay Henley family lived next door, and while they were aware of the cats, no trouble ever resulted, until the Foote's moved away and began living at a hotel To take the cats to the new abode was impracticable They were left behind forgot their manners, and began to increase and multiply. Soon the vicin- ity was alive with cats. Some had been born there and others were wooed from a distance by the song of the assembled force of cats The three grew to crowd, and the crowd to a multitude like the
The San Francisco call., 1898-08-13
THE PRIMARIES.
Two Tickets in the Field-Candidates
 Repudiate One.

ALAMEDA. Aug. 12.-There will be two tickets in the primary election to be held in this city tomorrow. One Is headed ''Un- pledged Ticket, Preferring the Alameda County Candidate for Governor Who Shows the Great est Strength The names 1t fol- lows: Henry Sevenng Ralph ilamlin. J. L.. Ballentine, J. B. Lanktree. Henry Tank. P. S.. Telle. c. L. Tisdale. George Britt. J. C.. Bates Jr.. W. R. Snow. H. W. Meek. B. D. Gray. ". F. Lynch. Egbert Stone. Hugh Di- mond.
 The other ticket is headed For Governor William R. DaYis.' and the names are as fol- lows: J. A. Remmel. w W. Haskell, G. A. Bordweil, Edw Houston, D. T. Hard. R. J. Van Voorhies, Fritz Boehmer w H. Davis E. D. Judd, A. Lorsbach, J. K Jeffress, Frank Storer, Harry T. Smyth, Socrates Huff
 Two of the gentlemen whose names on this ticket, E. D. Judd, a prominent real es- tate man. and w. W. Haskell, the Travellers Insurance agent. out in the evening paper with emphatic denials of their candidacy, and assert positively that their names were used without their consent MT. Haskell says that he will support the unpledged ticket and he wants his friends to do the same. A great deal of work is being done and time Is expected at the primaries. AS the polls will be open till o'clock in order to accommodate San Francisco business men. it is expected there will be a full vote boiled.
The San Francisco call., 1898-08-13
The Ohio Society.

A large and enthusiastic meeting of the Ohio Society of California was held last night at Mystic Hall. William H. Jor- dan, Charles c. Wadsworth MD, F. C.. Swearington and James H. Robinson were elected to membership, making a total of forty-four new members within the last three months. It was expected that H. c. Van Voorhis, Congressman from the Fifteenth District of the State of Ohio, now sojourning in this State, would be present. but circumstances necessitated his departure from the city and he sent his regrets. Eloquent and timely ad- dresses were made by Colonel John P. Jackson, w. B. Wiltshire, Fillmore F. Ew- Whitten, Dorsan Nichols and others and an altogether enjoyable evening was spent.
The San Francisco call., 1898-08-13
":SUT.RO'S WILL
 :. CRITICIZED :
 Trust Clause Said to Be Illegal. /" HALF THE HEIRS ARE DEAD
 CITY HAS A VALID CLAIM ON ..." THE LIBRARY. Belief Is General That the Dead : Millionaire Left Later Tes- :. tament Than That of 1882.
CITY HAS A VALID CLAIM ON =. THE LIBRARY.

The final disposition of the estate of the late kdolph Sutro will be awaited with intense interest by the public as well as by the heirs. That this docu- rnent of May p, 1882, is his last will is a matter of doubt, but later document has not yet been found. MT Sutro re- peatedIy.announced, publicly and in priv ate, that he intended to give his mag niffcent library and the Heights to the city. and when the board of regents ac- cept1d the. site for the Affiliated Colleges it was. stipulated in writing that Sutro sholild erect a building on the adjacent and and establish the library there. In the opinion of many eminent attorneys this agreement is valid claim on the estate. of the dead millionaire.
 Many persons who were more or less intimate with Mir. Sutro express a belief that he rnade a will in recent years, or t not:-a' will that somewhere among his papers. will be found elaborate memor- : anda. directing the disposition of his es- :. Unless new will is found the docu- be offered for probate. But it will not stand. ~"- In the first place, the trust clause, hinder the Supreme Court decision In the: Walkerley case, is invalid. In the second place, since executing the will the decedehts relations with the beneficiar- .ies. named underwent great changes and new ties, which created claims on the estate were formed, if Mrs. Kluge's story is true. Attorneys for the heirs have . already announced that the will will be contested and that a distribution, under the statutes is sure to follow
 Another interesting phase of the mat ter is that over half the persons named in the will which was read the other day are dead.
 Mrs: KIuge, who says she is the widow of MT. Sutro, Is out of the city, and whether or not she has anything tangible with which to establish the validity of her claim is known only to herself and her. attorney, Van R. Paterson. Judge Paterson left the city yesterday after noon to consult with his client Mrs .Kluge has stated on one or two occa- siofis that she knew she and her two children would be provided for in Mr. 'Sutro,s will Her attorney says she will have no difficulty in proving that Sutro was the father of the children, and that he had frequently acknowledged his re- latfonship to them.
 Whether a new will is found or not, Mrs. KIuge. win make a demand for a share In the estate and will carry the fight to the courts if her claims are not recognized and satisfied.
 . Joseph Moore, who was MT. Sutro's le- gal adviser for years and also witness to the will of 1882 says he does not know of the existence of a later one. although .Sutro may have made a new one. Elliott