davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-04-20

sive or unequal assessment where no prin-
ciple OF law Is violated In making the as
sessment and the complaint is OF an error
OF judgment only In such case the REM
edy is provided by statute in the Board OF
Equalization.
McElrOy, j., cOncurrlng.
Wells, j., dissenting.
A true copy.
Attest: w. II. GATES,
ISeaLl Clerk.
The Advocate and news., 1898-04-20

in controversy exceeds one hundred dol
lars must be sustained.
There is nothing whatever disclosed by
the record from which we can determine
the amount in controversy. The defend
ant IN error recovered q judgment against
the plaintin In error for the possession
OF a dwelling house for which she had been
paying $3.50 per month rental. She had
used the property about three months and
had made default In payment OF part OF
the rental OF the second month and all or
the rental Of the third month. For these
defaults, OF which the jury found her
the property was given against her. There
cannot even be an inference drawn as TO
what the value Of the controversy Is. lt
must necessarily be nominal
Petition dismissed.
All the Judges cOncurrng.
Filed April 8, 1898.
Attest: W. H. THOMPSON,
lSeall Clerk.
partment Eastern Division.
No. 342.
Helen j. Moore. plaintiff in error,
VS..
D. N. Burge, defendant in error.
Syllabus. BY the Court Wells, J.
l. Where the successful bidder at a sher-
ms sale repudiates the sale, and refuses
to pay the amount Of said bid on account
of a mistake, and the Sheriff returns the
order of sale in due. time with a certificate
of the facts thereon, and afterwards an
other order of sale is issued, and the prop
erty sold hereunder for a much less sum
than at the first sale, this does not con-
stitute failure on the part Of the Sheriff
to execute said first order of sale so as
to subject him to amercement under para
graph 457O General Statutes 1889.
The Advocate and news., 1898-04-20
state Of Kansas. ss.

State OF Kansas, ss.
Court OF Appeals, Northern Department,
Central Division, do hereby certify the
above and foregoing to be true, fun and
complete copies OF the sylabl in the therein
entitled causes as the original thereof re-
main on file In my office.
Witness my hand and official seal at my
Office in the city Of COncOrdla, this l4th
day Of April, 1888
[seal.l w. H. GATES,
Clerk.
The Advocate and news., 1898-04-20

Kansas Court of Appeals, Northern De-
partment, Central Division.
No 1Sl.
John Moore, plaintiff in error,
VS..
The Chicago, Rock Island & Pacific Rail-
way Company, defendant in error.
Error from Republic County District Court
REVERSED.
Syllabus.
The performance Of parol contract re-
Specting an interest in real estate Is taken
out of the operation of the statute of
frauds by full performance, and In such
case injunction is an appropriate remedy
to prevent the destruction OF an easement
All the Judges concurrlng.
A true copy.
Attest: W. III. GATES,
[SeaLl Clerk.
Kansas Court of Appeals, Northern De-
partment, Central Division.
No. 2S2
The Board of County Commissioners OF
Lincoln county, Kansas, and ]. w. Nc
Reynolds, Treasurer, plaintiffs in error,
VS.
r. f. Bryant, defendant in error.
Error from Lincoln County District Court.
REVERSED.
Syllabus.
The collection of a tax will not be
en1Oined on the ground OF merely exces-
The Advocate and news., 1898-04-20

|
anime into the merits OF the contentious
OF the plaintiff I'm error. and the petition
In error Is therefore dismissed.
All the Judges concurTins.
Filed April s, 1898.
| A true copy.
Attest: w. III. THOMPSON,
[seal.l Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division
No. 800.
J. NJ French, plaintiff in error,
VS..
]. G. Packer and II. s. Packer, defend
ants In error.
Error from Shawnee County District Court
AFFIRMED.
Syllabus. McElroy, j.
The record examined In this case and
found to contain no reversible error either
In the admission or rejection of evidence
Filed April 8, 1898
A true copy
Attest: w. II. THOMPSON,
[Seal.l Clerk.
Kansas Court Of Appeals, Northern De-
partment, Eastern Division.
No 555.
L. w. Hindman, plaintiff In error,
Askew Saddlery Company, defendant in
error.
Error from the District Court Of Douglas
County.
BY the Court.
The motion Of the defendant in error to
dismiss this case must be denied. The
plaintiff In error has, upon his own mo-
ton, dismissed as to Myer Bannerman q
Company. 1t leaves but a single party de-
tendant In the case 1t Is immaterial that
there are matters In the record other than
the proceedings of the court in the Askew
Saddlery Company case except as to Ques-
ton OF costs, The defendant in error
waived the defect in the Authorization
OF the record. The case-made Is properly
certified
Motion to dismiss denied.
All the Judges cOncurring.
Filed April s, 1898.
A true copy.
Attest: W. H. THOMPSON,
LSeall Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. S2l
Samuel Newman, plaintiff in error,
VS.,
s. d. Newman and ED Morehead, defend
ants In error.
Error from the District Court of Jackson
County.
REVERSED.
Syllabus Wells, ],
the verbal request Of another, and upon
his oral promise to pay for them II the
purchaser does not, such request and prom
ise constitute the maker thereof a guar
antor OF the Indebtedness thus created,
statute of frauds
Filed April s. 1898.
A true copy.
Attest: w. H. THOMPSON,
lSeall Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
j. p Wilson, plaintiff in error,
vs..
j. j. Paxton. defendant In error
Error from Johnson County District Court. |
AFFIRMED.
Syllabus. Wells, J. |
l. 1t is not error for the District court
upon an appeal from Justice Of the Peace |
to allow the transcript to be amended so
rs to show the rendition and entry of the |
that WAS In fact rendered
Filed April 8, 1898.
A true copy
Attest: W, H. THOMPSON
lSeall Clerk.
Kansas Court OF Appeals, Northern De-
partment, Eastern Division.
No. 595
O. Hicks, plaintiff in error,
The Advocate and news., 1898-04-20

State of Kansas, So.
l, w. II. 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 syllabi in the there
in entitled cases as the originals thereof
remain on file in my office.
Witness my hand and official seal at my
office in Topeka, Kas., this 18th day Of
April, 1898.
lSeal. w. Fl. THOMPSON,
Clapk
The Advocate and news., 1898-04-20

Official Statement Of the Financial Con-
dition Of the
Bank Of Richland,
Private bank, Albert Neese, owner, at
Richland, State of Kansas, at the close
Of business on the 5th day of April,
1898:
RESOURCES.
Loans and discounts .............,..$17,5l ,5l4.S6
OVerdrattS ,.........,,...,. ...,.,,.,. 2O236
Cash and sight exchange, legal re-
serve ...,......,......... ............ b,S56.a
IOCaI ',...........'... ....,......... VS. bS5.yS
LIABILITIES.
Capital stock paid in................. $5,000.O0
interest ................s ........s..,.s l5fI.64
Individual deposits .........,......... 10 S61.42
Demand certificates .................. 6,18A87
IOtdi s.s........ss.,ss .3s3o oI5.v0
State Of Kansas, County Of Shawnee, ss.
l. Albert Neese, Cashier OF said bank, do
solemnly swear that the above statement
is true; that said bank has no liabilities,
and Is not indorser on any note or Obliga-
tion, other than shown on the above state
ment, to the best Of my knowledge and be-
ALBERT NEEsE,
Cashier.
Subscribed and sworn to before me, this
18th day of April, 1S98
r. II. SCOTT,
Justice OF the Peace.
The Advocate and news., 1898-04-20
Syllabus.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.

partmeht, Eastern DIVISION.
No. $40.
Miller r. Irwin, plaintiff in error,
Arthur w. Dole defendant in error
Syllabus. BY the Court. Wells, ].
/. Where the evidence on behalf of the
plaintiff Is sufficient to prove his cause of
action and there Is no substantial evidence
offered by the defendant upon the ma
terial issue in the case, 1t Is not error for
the trial court to instruct the jury to return
verdict for the plaintiff.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No 2O3.
II. Fl. Hagan and Eugene Hagan, plaintiff
in error,
vs..
W. II. wellington, defendant In error.
Syllabus. McElroy, j.
An answer states a defense which AYERS
that A. entered into q fraudulent con-
spiracy with X. to defraud the government
and incidentally to defraud H., and
then agreed with II. for a sum Of
money to be paid by him to furnish the
evidence Of such fraudulent conspiracy
in land contest trial. The contract to
furnish the testimony in the contest case
under such circumstances is against public
policy, and a note given in consideration
thereof is void.
The Advocate and news., 1898-04-20
published April 20, 1881
Appellate Court SylIabi.
Kansas Court OF Appeals, Northern De-
partment, Eastern Division.

Kansas Court OF Appeals, Northern De-
partment, Eastern Division.
No. e.
Kelley s. =. Higgins plaintiff in error,
w.
Hiram Higgins, defendant in error.
Error from Shawnee County Circuit Court.
DISMISSED.
by the Court.
The motion TO dismiss IN this case must
be sustained There Is nothing before the
the petition in error does not pretend TO
set out the Judgment or record OF any
case In court. The papers attached to the
petition In error are not referred to In any
manner therein IL Is neither O transcript
nor a case-made. 1t is not transcript,
not being certified as required by law.
lt Is not q case-made because II was never
served or settled as required by law. Case
dismissed.
All the Judges concurring
Filed April s. 1SO8
A true copy.
Attest: w. II. THOMPSON,
[seaLl Clerk.
Kansas Court Of Appeals, Northern De-
partment, Eastern Division.
No. S1S
The Peoples Savings Bank, plaintiff in
error
vs..
Thomas w. Fisher, defendant in error
Error from the District Court OF Brown
County.
DISMISSED.
The Advocate and news., 1898-04-20
BY the Court.

The motion Of the defendant in error to
plaintiff in error has, upon his own mo-
tlon, dismissed as to Myer Bannerman &
Company 1t leaves but a single party de-
fendant in the case 1t is immaterial that
there are matters In the record other than
Saddlery Company case except as to Ques-
ton OF costs. The defendant in error
waived the defect in the Authorization
of the record. The case-made Is properly
certified.
The Advocate and news., 1898-04-20

Fisher. He would have a right to insist
that the lien upon the undivided half In
terest In the land, created by this mort
gage, should be held 20 apply to all of
the land aud not to his undivided half In
terest only. So that II we should render
the judgment conlended for by the plain
tin In error, II would necessarily mate
rally affect the interest OF the other chill
dren and grandchildren OF Angeline Fur
nlsh who own an interest In this land,
under either aspect OF the case as con-
tended for by plalntfR In error.
Hence, we have no Jurisdiction TO ex-
anime into the merits OF the contentious
of the plaintiff In error, and the petition
IN error Is therefore dismissed.
All the Judges cOncurTins.
Filed April s, 1898.
A true copy.
Attest: W. III. THOMPSON,
LSeal.l Clerk
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23

and then read, Admiral Sicard affiXing
his signature of approval. After lunch
con Lieutenant Commander Mark
boarded the steamer City of Key West,
and sailed for Miami at 4:S0 O'Clock,
with the courts findings safely slowed
away in state room No. 16.
Lieutenant Commander Mark, before
leaving. was in a non-committal mood.
He confiEed himself to saying that he
was intensely glad to be through with
the tedious work, and once more to be
on the way north.
Despite the absence from Key West
of the documents on which the eyes of
the world are fixed, the court of inquiry
continues in existence though inactive.
Should the navy department require
further investigation and express dis
satisfaction with the findings, it is
probable the court would be obliged to
return to Havana, though the release
of all the Maine officers held here as
witnesses until today make it unlikely
that any loophole has been left which
would justify the department in requir-
ing the court to perform further work.
The receipt by the officers of the
Maine Of their orders to leave for their
homes caused the greatest joy among
them.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23
.HOFF WAS GREATLY EXCITED
HIS ACTIONS ON THE NIGHT OF
THE MURDER.
Said 1t Looked Bad For Him, For He
Was In the House-Wound On His
Hand.
fsnecial to The Herald.l

San Francisco. March 22-The first
witness today in the case of Albert HOff.
for the murder of Mrs. Clute, was john
Frais. formerly a grocer IN Seventh
street He told of Hon's visit TO his
store on the night of Dec. 10. and of his
exhibiting a cut on his hand. which he
said was caused by nail. Erals deS-
cribed the wound and said that at Hon s
request he had poured whisky upon IT,
Witness declared that he would never
forget Hoff's appearance that night on
account of his terribly excited manner
Robert Gopel, a shoemaker. testified
that the night of the murder Hom slept
with him The next morning he noticed
the cut on Hoff's hand and asked how he
had received it. Hoff replied that he had
got 1t while laying mating for lady
the day previous.
William Mohrman. a grocer. told of
Hoff's appearance the morning following
the murder when he entered Norman
store. Thomas Harmon. a customer, was
reading aloud the details of Mrs. Clutes
murder to which Hof listened intantly-
Upon the reading being finished, Hon
grabbed the paper and after looking at it
for few seconds. exclaimed: That
looks bad for me. | was at that house
last" Mohrmans advised Hoff to go to
the police headquarters and tell his story.
While Hoff was debating which course to
pursue, GoDei, the previous witness. en-
tered the store and advised HOn not TO
talk so much. Defendant finally decided
to visit the chief of police, in order to
save trouble
testified to substantially the same facts.
adding that he guessed "HOff was the
man." which remark caused Hoff to
start violently. Harmon described HOff's
actions while listening TO the reading or
the crime. He said Hoff appeared greatly
excited and upon witness asking what
troubled him, Hoff replied: Il am in a
bad fix. 1 was in that house last night"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23
FEDERAL NOMINATIONS.
Register at Gunnison, Colo; Post
master at Evanston, Wyo.

Washington. March 22.-The president
today sent these nominations to the
senate: Aquila ]. Dougherty, to be
collector of internal revenue for the
Fifth district of Illinois.
State-Gorman Bulle of New York, TO
be consul at Cardenas. Cuba; James
c. McCook of Pennsylvania, to be con-
sui at Dawson City, n. w. T.
Interior-Jay NJ. Smith, receiver Of
public moneys at Duluth, Mimi; Angus
J. Crookshank. register of the land
office at Los Angeles. Cal: r.. NJ. SEQ
hey, agent for the Indians at the Fort
Peck agency in Montana.
To be registers of the land office-J.
D. Maxey, at Stockton. Cal; S. w. Aus
tin, at Independence, Cal; G. F. Ham
lin, at Gunnison, Colo.
To be receivers of public moneys
Henry S. Sargent, at Stockton, Cal; F.
e. Densmore, at Independence. Cal:
Miss c. NJ. Brown, Gunnison, Colo; E.
Butler, Leadville, Colo.
Postmasters-Oregon ]. A. Wheeler,
Independence. Wyoming, E. P. Hol-
tenhouse, Evanston. Arizona, ]. w.
Akers, Prescott.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23

New York, March 22.-'I am in a po-
sition to inform yoU-and it is highly
important just now, in connection with
the political situations of the immediate
future-that the Spanish government
will refuse to accept any finding of the
Maine commission which may suggest
Spanish responsibility" says the Ma
drid correspondent of the Herald 1.-The
Spanish ministerial view is that the i'm
putation which such finding would
have, If admitted, would forever be an
Irremovable blotch upon SPANS repu-
tation as a civilized country, which she
could not possibly bear.
If the report of the commission
throws blame upon Spain which would
carry with it a call for indemnity, the
peninsular government with forthwith
make an appeal to the combined Euro
pean powers on the plea OF equity and
common fairness to intervene in favor
of Spain against what every Spaniard
would esteem as the most monstrous
and Ubiquitous finding
1t is hoped that under such cir
cumstances the United States will
agree to the appointment of neutral
court OF naval constructors, who could
carry out their work with perfectly I'M
biased minds, q. condition almost i'm
possible 20 onlcerS or the United States,
who would naturally seek TO exonerate
their service from all fault or blame.
and who would look upon Spain as an
enemy.
1t may be stated, however, that the
ministry still clings to the thought that
the commission cannot possibly return
the verdict other than that the explosion
was accidental. Constant reference to
plans for the solution of the Cuban
questions by means Of purchase, COM
ing from Washington, causes great af-
front here, and win not be entertained.
There are other means, non-commer-
cial ones, by which. if autonomy proves
unsuccessful independence could be
given to Cuba, but it must come
through some third and friendly pub
lie.
The strictest censorship has sudden !
ly been developed as regards dispatches |
containing any mention OF the torpedo /
squadron now in the Canaries'
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23
MAY BE OF THIS NATURE.
speculations On What the Presidents
Message Will Contain.

Washington. March 22.-Speaking of the
Cuban situation the Pest tomorrow will
say:
Having formulated no plan to solve
the problem and being anxious to gain
al the time possible the president will
not Immediately make any suggestion TO
congress.
Tho message which he will send on
Monday VIII treat alone of the Maine.
and congress will be informed that the
president Will at a later date. commune
cate with them on the Cuban situation.
The report of the Maine court and the
accompanying papers viii. therefore, be
at once referred in both houses to the
committee on foreign affairs. and then
congress will anXiously and patiently
await the presidents next communica-
ton. II the policy of relief be finally
agreed upon. al appropriation viii I'M
doubtedl,' be made for the purchase of
supplies and the work of wholesale sue
cor viii be made. If Spain should re-
gard this act as hostile one, the
responsibility for provoking war would
he upon her. The president still hopes
that in the meantime something may
occur 10 diminish the likelihood OF cppO-
sition. or if the programme is inaugur-
ated. that Spain viii accept the action OF
the United States in friendly spirit
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23
NOT DETERMINED DEFINITELY.
Feeling In Key West That Maine Re
port Lacks Positiveness.

Key West. March 22.-Within the last
few days a minority sentiment has been
growing that the court has been unable
to determine definitely the cause of the
explosion. Still, il is true that ma
jority hold to the conviction that the
report will find and prove that the
Maine was blown up Intentionally.
As is natural, ali who could speak au-
thoritatively continue to maintain the
silence which has marked the history
OF this most remarkable court. In the
absence Of any reliable basis, sDecula-
lion continues as rife as ever. and ac-
curate news from washington is await
ed as eagerly by Rear Admiral Sicard
as by the youngest cadet in the fleet.
The sending of the report today to
Washington, as forecasted by this cor
respondent yesterday, was an undra-
matte climax of weeks of waiting. Lieu
tenant Commander Mark went aboard
the Nashville early in the day, and
brought off the findings. After a pro-
longed conference with Rear Admiral
Sicard, certain alterations were made.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23
DIVISION OF OFFICES.
FUSION IN IDAHO.
Populist State Committee All At Sea
Over Question.

Boise, Ida. March 22.-The Populist
state central committee met here to-
day to consider the question of fusion
The committee is badly split up over
the fusion proposal, some favoring a
general union of the silver forces.
others advocating fusion with the Dem
ocrats only and still others favoring
middle of-the-road policy. While the
sessions are held behind closed doors,
it is stated as coming from an official
Populist source. that the committee will
make practical application of the Popu-
list referendum idea by referring the
question of fusion and the manner of
carrying it out to the Populist primary
elections for settlement.
The Populist committee tonight de-
cided to hold the Populist state con-
vention in Moscow. the date being left
to the executive committee, with in
structions to call it for some time be-
tween July 10 and Aug. Is.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23

ton taxation measure to the joint ses-
sion. It's leading points We're that the
trainers of the state constitution in
tended that all taxes be based on the
cash value of the property; that taxes.
should be levied upon public franchises
as well as other property; that the
present system Of specific taxes upon
railroad earnings is unsatisfactory and
wrong. That the tax upon railroads
has been less than a quarter of 1 per
cent on their own sworn valuations and
less than one-eleventh of the percent
age of that paid by other taxpayers.
The governor recommended authori-
cation of the appointment of a state
board TO make equitable valuation of
the property Of such corporations at
their cash values and TO assess them
at the average rate of all the taxes. A
bill was introduced covering all these
points
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-23
THE HERALD BULLETIN.

PAGE ONE.
Spain viii Not Accept Verdict.
Now Comes Time For Action.
Big Asphaltum Find.
Fusion Don't Fuse.
PAGE TWO.
In Railway Circles.
It Was Jeffries' Fight.
PAGE THREE.
The Northern Light
A Union Tactic Appeal Dismissed.
State Board of Health.
PAGE FOUR
Editorial
PAGE FIVE.
City Council Routine Business.
Forty Lives Lost at Sea.
Alaska Government.
PAGE SIX.
State News.
The Stock Markets.
PAGE EIGHT.
Local Politics.
Action of Gaines Appointment De-
ferred.
In the Social Realm.