davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
MORTGAGE IS GOOD.
Widow May Give One on Property
without Consent of Children.

The supreme court has just held, in
the case of Bessie Allen VS. Mary J.
Hoffman, Administrative, that a. mort
gage given by a widow to whom a
homestead property was devised is
valid, even though there be minor chill
dren.
Alfred Allen owned 10 acres of land
in Lyon county. Upon his death, in
1890 he devised the same to his wife,
Bessie Allen. After she had elected to
take under the will she nortgaged the
land to secure personal debt. but upon
defauIting in payn ent resisted fore
closure. The Lyon county court de-
creed the mortgage to be foreclosed,
and the supreme court has now affirmed
the decision.
Part of Justice Smiths opinion reads:
TT is insisted that the mortgage was
no lien on the homestead property. The
broad claim is made that the constitu-
tiOnaI provision exempting the home
stead from forced sale under any pro-
cess Of law except it be founded on
lien given by consent of both husband
and wife, makes void a mortgage given
after the marriage relation has ceased
to exist. In other words, II there be no
husband and wife, there can be no valid
mortgage on the homestead. The adop
ton of such meaning would interpose
serious fnpedim enfs in the way of
alienation It would deprive a widow
or widoWer. acquiring a homestead
after the death of a. spouse. of the
power of parting with It by voluntary
straints on the sale and incunbrance
Of real estate.
1.-THE constitution exempts the home
stead property from forced sale under
any process of law. and provides that
the same shall not be alienated with
out the joint consent of husband and
wife. when that relation exists After
the husbands death and the election
of the wife to take under the will. she
took the whole estate The children got
none. Their homestead rights in the
Ia nd were no greater after the death
Of their father than before. Nowhere
70 we find any statutory restriction on
tho right of a husband or wife to devise
-7-o-ertv to the srvivor. We think the
-~7 had all the rights in the land
n before the husbands death. were
al in both her husband and her
-.'r It is not disputed that thew. while
living together. might nave alienated
or abandoned the homestead Having
title. she could do. with resuect to the
land what they both could do when
the husband was alive"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
BOUGHT WHITE ELEPHANT.
Vinewood Park Railway Locomotive
Is Too Heavy.

1t begins to look as though the Vine
wood Park railway people are In the
possession of a white elephant though
when they bought it they thought 1t
was an engine.
The new engine-weight thirty tons.
r,,ice sg 00o-see7vs To be foo heavy for.
the track When an effort was made to
run the engine out on the main line IL
turned over a rail before 1t had gone
a hard time getting the monster back
into it's cage.
The railway company may be in the
position of the man who bought a set
some that he was obliged to build a
new house to match them The Vine
wood Park railway may be obliged
to build a new railway to match its
engine.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
HAVE A NICE TIME.
Tax Revision Committee to Take
Trip to Buffalo.


Trip to Buffalo.
The tax revision board laid plans for
the junket to Buffalo this morning. All
the legislative members of the board
Messrs. Francis. Biddle, HurrelI, Gros-
ser and Snith-are going. Grosser
will leave tomorrow and be Joined by
the others in Chicago on Monday. Attor-
ney General GODDARD, one of the ex-ofh
clio members of the commission will
leave Sunday afternoon
The tax conference held under the
auspices of the American Civic Fedora
ton viii have its principal sessions on
Wednesday and Thursday of next week.
which the commission is to attend to
get pointers for the tax law that they
are drafting for this state.
The revisionists are celebrating on
plan to have a general tax board govern
all taxes and assessments in the state
50 as to secure uniformity It is proba-
bic that one rule Will be laid down in
Regard to exemptions. Some means will
be provided, even if there is fractional
assessments, to have the $500 exemption
subtracted from the total valuation and
not from the final appraisement. This
is now done in Topeka
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

point at which the wreck occurred
The hog chain of the boat did not
break, and none of the chains parted
When I sailed away from the wreck
yesterday morning kept light on the
bank in hopes of finding some lost pas
senger, but we discovered none"
The register of the City of Clifton
showed on board the following per-
sons who We're saved from the city of
Paducah and made the return trip to
st. Louis:
Mrs. H. T. Allen Miss Carrie Minnie
Groed, E1r. and Mrs. James NJ. Trus1cW,
Fritz and John Gillen, pilots, John Gill
len, engineer, E. A. Lee, member Of
crew, William and Clarence Dodds,
John Scott, J. L. Force.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

factory and a number of their friends
enjoyed a very pleasant picnic Sunday
at Smiths farm, near Granville. The
party was composed Of Mrs. Z. Gaume,
Mrs. c. budding, Mrs. Alice Wilcox,
Mrs Gaume, Miss Minnie Wahl Miss
Anna Sumpers, Miss Matte Dowdell.
Miss Jane Basinger, Miss Viola Virgil
line Mccullough. Mr.. E. Gaume Mr.. O.
budding, Mr.. Joe Artzer. Mr.. Charlie
Smith, Mr. Ed Smith. Mr.. Robert
Smith Mr.. Earl Densmore. Mr.. George
Knoll, Mr.. George Gaume. Mr.. Bonnie
Natherson. Mr.. Bert Gaume. Mr.. VIII
liam Smith.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

The monthly crop report of the agri-
cultural department at Washington,
deals with the condition of winter wheat
which it places at s4-1, a slight improve
ment over the condition a month ago.
Last year there was a considerable loss
Of condition from April 1 to May L The
area sOwn is estimated at 2S.0O0.O00
acres. which is about 1000 600 less than
the acreage sown last year, but also
about 1000. 900 more than the area act
ually harvested in 1900. If present ia :
vorabIe conditions continue. this acre
age means q winter wheat crop of
about 50.0O0.0 900 bushels. The good
weather for seeding operations in the
spring wheat country and the ample
moisture justify an expectation Of fully
ESQ OO0. 900 bushels OF spring wheat. maxi
ing a total crop for the United States Of
some zoo. GOO. 600 bushels
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
TWO JOINTS RAIDED.
Police Are Suddenly Aroused From
Their Lethargy.

Late Monday afternoon the police
swooped down upon George Klauer at
626 Kansas avenue, and c. c. Chesney
at lis East Sixth avenue and captured
two kegs of beer and several bottles Of
liquor and glasses, together with what
bar fixtures each place afforded. The
morning and were continued until
May %.
Chief Stahl was accompanied on the
raid by Officers GOff. Carpenter. Ed
wards and Lemley The fixtures cap
tured at both places made a big load
for the patrol wagon.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
WORKs BOTH WYE.
One Jury Convicts Jointists and
smashers of Jointa

The jury in the district court seems
to be a remarkably unprejudfced set OF
men.
On the jury that convicted DR.. M X.
Mitchell and Rev. r. w Emerson on a
charge OF joint smashing and on the
jury that convicted sheep" Lyle and
NJ. Wagner of selling liquor at THE
Senate We're nine of the same men.
On the Lytie-E Wagner jury were f. M.
Boyles, George Hardy. L. FIeger A.
Gentry, Josiah Wilcox, J. c. Owens.
Sam Orner, Kent Raub. John Allen, J.
A. Dwyer. Eph- Anderson, John Chad
wick On the Mitchell Emerson jury
were f. M Boyles, George Hardy, I.
Fieger, A. Gentry. Josiah Wilcox, J. c.
Owens, Sam Orner. Kent Raub. John
Allen. Thorn as Lloyd, S. E. Bushong. J.
s Freeland
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

The Topeka Whist club players made
the following scores last night, the but
tons going to Ryder and Wolf:
FIRST GAME
North and South-Koontz and Drum,
so; Shakeshaft and Shakeshaft, 49,
Bradley and Gillett, 70; Marshall and
Murphy Is; Movers and Storey. 81 !:
James and Putin an, rs; Hurrie and Slb-
ley, rs. Average, rs 81.
East and West-Bronson and Cole, re: :
Hart and Nevill. SO; Ryder and Wolf
So; Herbst and Lowry rs; Merrick and
Troutman, rs; Korn and Thrapp. 81 :
Larsh and Robbins. 81. Average, 70 At.
SECOND GAME
North and South-Copeland and
West, IA: Movers and Storey, 20: Falk-
ners and Payne, 70; Shakeshaft and
Shakeshaft. 70; Bradley and Gillett. IL;
Hart and Nevill, 70: Hills and Hoge-
boom. 70; Ryder and Wolf. 70. Average.
70 rs
East and West-Larsh and Robbins.
50: Bronson and Cole, Sc: SfbIey and
Hurrie. X: Thrapp and Korn. Sc:
koontz and Drum. IS; Carr and Custer.
Sc; James and Putnam. 50; Ness and
Noble, a. Average, 81 6-S.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
ORGANIZE IN LAWRENCE.
"Home Rule" Party Carries It's Doc
trines to Douglas County.

National Organizer J. G. Stewart, Of
its inception in Topeka, has returned
from Lawrence, where he has been
holding meetings for the past few days
A county committee was chosen It is
composed of:
Chas. Herington. chairman.
VIM. H. Perry, secretary
F. NJ Root, vice chairman and treas
urer. ir
Some of the leading people, said
Mr.. Stewart, expressed themselves in
favor of the new movement. The late
mayoralty fight has prepared the way
for our cause there. Hundreds have de-
clared themselves dissatisfied with the
existing condition of things"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
TOURISTS REACH TOPEKA.
Sunday School Experts Here to At
tend State Associafion.

sunday SchoOl experts here TO At
tend State Association.
The transcOntinental Sunday school
tourists arrived in Topeka last night
and will conduct the opening meeting
of the State Sunday School convention
at the Auditorium this evening.
The party is made up of E. o. Excel
the song writer and singer; Marion
Lawrence, general secretary Of the in
ternatiOnal convention; Prof. H NJ
Hamill and Mrs. Hanill, the interna-
tional field secretary and his wife, and
the Rev. B. w Spilman, field secretary
of the Baptist state convention of
North Carolina.
The work of these five Sunday school
people here during the state convention
will conclude a tour of the entire con-
tinent, which began on February II at
Richmond, Va From here the party
will go to Chicago and disband.
This afternoon the five members of
the party went to a photograph gallery
and were photographed, as a sort of
farewell ceremony before separating.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

A decision interesting to landlords
and tenants has just been rendered by
an Omaha. court. It appears that the
plaintiff rented a building to be used as
hotel. on the understanding that the
landlord was to keep the building in re-
pair This agreement, however. the
landlord failed to keep. The gas pipes
were in a leaky condition. the paper
was hung crooked. and the furnace hues
were generally out of repair. AS a con-
sequence Of these defects the guests
would not remain. but sought other
quarters. The action was for the re-
cOvery of the consequent damages
Judge Slabaugh ruled that only nominal
damages. if any. were recoverable He
said in part. If man suffers an in
jury that be could have avoided by the
exercise Of prudence he cannot recover
damages for that injury. If you rent a
house and find that the furnace is out Of
repair, it is your duty to get it fixed
and If it's SO bad that it can't be re-
paired. throw it out and put in a new
one, charging up the cost to the owner.
who has contracted to keep the house
in proper shape Don't let your family
freeze and then go after your landlord
for damages
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
NORTH TOPEKA.

Items Intended Tor this column should ba
left with the Kimball Printing company
SS5 Kansas avenue
Captain and Mrs Morris of Hoyt were
in town today.
George MARBLE was down yesterday
from Silver Lake
Wanted, two or three unfurnfshed
rooms. Inquire New Era Dept store.
Mrs. N. J. Policy and Miss Eliza
Knott of Silver Lake were in town to-
day shopping.
Mrs. Kline and daughter, Miss Edith
Kline Of Rossville, spent the day in
town shopping.
Mrs. Russell Barber will entertain the
Needle Ten Thursday afternoon at her
home on Kansas avenue.
Don't fail to attend the removal sale
Wednesday, especially in the evening.
COSTLEY & POST
Victor council No 4 K. and l. of s.
gave a box social last evening at their
hall in the Barrett block
Don't fail ito attend Mrs, Courtney s
reduction sale in millinery. SOB South
and 905 North Kansas avenue
Pay day prices at our removal sale
will be OF interest to every one.
COSTLEY & POST.
Miss Maud Ira has returned from
RossviIle where she has been manag-
ing a branch store for Mrs. s. l. Court
ney-
Dr. L A Ryder, general president Of
the Fraternal Aid Association, has gone
to Lawrence to attend meeting of that
order.
The Ladies' Aid society of the Baptist
church will hold an all day meeting
Wednesday at the country home of Mrs
Scotch.
you come in and prove it. Pay for this
ad and you can have 1t. A. NJ Kent,
gil North Kansas avenue
Mrs J. F. Simonds and Mrs W. NJ.
Blakeney are delegates from the kan
sas Avenue NJ e Sunday school to the
State Sunday school convention
Miss Mabel Manifold and Miss Annie
Kaull of Beloit arrived yesterday and
are visiting Miss Kaulls aunt, Mrs v
b. Kistler of LII Van Buren, street
q. Max Claudy of North Central ave
nue. after a severe attack of pneumonia
Of seven weeks duration is again able
to be around. and has returned to work
at the State Printing Office.
Miss Kate Wies of Wamego who has
been visiting relatives In Topeka for
the past two weeks VIII leave today for
Flint Mich. where she will make an
extended visit to her sister. Mrs Huber.
We expect to move next week So this
will be the last week of our removal sale
and there will be no limit to the bar
gains we will give each day. All goods
at special prices. COSTLEY & POST.
THE True Measure Of Man" was the
subject of an interesting lecture de-
church last evening by w. S. Priest,
pastor of the Christian church of Atchi-
SON
On Thursday, May Is. Ascension Day,
there will be a celebration of the Holy
Communion at IL o'clock at the Church
of the Good Shepherd. In the afternoon
at half-past four there will bit a short
litany service.
Mrs Mary Kimban, formerly of this
city died yesterday at the home Of her
sister at Hebron. Ind The remains
will be taken to New York for burial.
Mrs T<imbal1s death was caused from
cancer from which she had suffered for
several months. She was the mother
Of Mrs Clark of Holnan's addition and
Of William Kimban also Of this city.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
WOODMEN CONVENE.
Sovereign Camp Begins Fourth Bien-
NAL Session.

Columbus. o., May 1.-THE fourth
biennial session of the sovereign camp
Woodmen of the World convened here
today with Sovereign Commander J. c.
Root, of Omaha. presiding. Delegates
representing p states are present. The
sessions will continue for a week
After the delegates had been called to
order, addresses of welcome were made
by Secretary of State Layin, who rep
resented Governor Nash, now in Call
fornia, Mayor Hinkle and Secretary OF
the Board Of Trade Bessen. Responses
We're made by Sovereign Banker Morris
Shepherd of Texarkana, Texas, and
of Denver.
Following the open session secret
work was taken I'D.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
Court Refuses 3 stay.

Carr w. Taylor, county attorney, was
refused a stay order to prevent the
building of an elevator by the Farmers
Elevator company alongside the Mis-
souri, Pacific tracks in Haven, Reno
county, in the supreme court this morn
ing. Previously the lower court refused
an injunction and the proceedings were
brought UP here on a petition in error.
George A. Vanderveer filed the motion,
acting for the county attorney.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
MRS. CARR AGAIN INJURED
Wife Of Clerk in Pension Office Has
Another Runaway

Mrs. Cass B. Carr, the wife of a clerk
in the pension office. who lives at 500
Tyler street, and who figured in the
runaway at Tenth avenue and jackson
street the goth of April. was the victim
of another runaway this morning at
about 11.30 near Seventh street and
Topeka avenue.
She was thrown to the pavement and
the scalp was cut severely, necessi-
Eating the taking of several stitches.
As in the previous runaway she was
badly hurt, and lay unconscious for a
short time
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
MADE NO DEMANDS.
Santa Fe Shop Committee Say They
Asked For No Removals.

The committee of Santa Fe machinists
which through conferences with the Off
Gals Saturday and Monday secured an
increase in the wages Of the skilled me-
chanics, deny that they demanded of the
management the removal Of any shop
fOremen.
have exceeded their authority, and that
such demands were not made They
say they were simply committee seek
ing an advance in the wages Of the men
which the Santa Fe company did not
hesitate in granting them as soon as
what they wanted was made known.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
Miss Miller Rurf.

Miss Miller. the daughter of Dr.
Henry W. Miller, of S2S Fillmore street,
was thrown from her carriage while at
tempting to enter it in front Of Kel-
lam's book store late Monday after
noon. The horse had been united, and
just as the young lady was about to
step in the horse frightened at some
thing and started to run. She was
thrown to the pavement, but escaped
with slight scra tches and bruises.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
Strike in wabash shops.

Fit Wayne Ind, May 14-One hun
bred and twenty-five machinists and
apprentices in the Wabash railroad
shops here struck today. The machin-
lists day and wage scale is at issue.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
In subatstute Feedine

for infants, physicians agree that cows
milk is the basis for all beginnings.
What is required then,is the best posi-
Bile milk product. Bordens Eagle Brand
Condensed Milk is ideal, pure. sterile
and guarded AGAINST contamination
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

St Louis Post-Dispatch: When mon
ey is abundant and business is good, a
Wall street panic is only an interesting
incident. It is only when conditions az
unsound that Wall street crazes cause
widespread disaster. But the danger of
disturbance should not be overlooked.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Minneapolis Tribune: The only safe
way to speculate is to buy the property.
whether it is real estate or stocks. and
pay for it. Then the fluctuations of the
market will not wipe the owner out
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
Johnnv Reiff Wins.

London, May 14-At the Newmarket
second spring meeting today the New
market handicap of 800 sovereigns was
won by Mr.. Russell's bay filly Semper
Vigilans. ridden by Johnny Reif. Seven
horses ran.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Mrs Botha has given up negotiating
with Kitchener for peace and viii try
her hand on Dom Paul as soon as she
can reach him.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Gen. Chaffee has fallen into the same
mistake made by many more Of our
military and naval herOes-that OF talk
ing too much. Meritorious action in war
seems to be regarded as carrying with
1t the right to say what one pleases.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Don't let the little ones suffer from
eczema or other torturing skin diseases.
No need for it. DOan's Ointn ent cures.
Can't harm the most delicate skin. At
any drug store, 50 cents.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Minneapolis Times: The Mole st
Wichita liar has opened the windy sea
son with an easy one. He says a spring
zephyr loosened three front teeth for a
ranchman of that region the other day.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Prosperity brought on the panic in
wall street last week and confidence
prevented it from wrecking the business
Of the country
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

A number of newspapers seem dispos-
ed to take the Hanna presidential boom
seriously. but they are mostly Demo-
cratic papers.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

DIV. 3. Swan has returned from Alb
iIene and Junction City, where he says
the quarantine against smallpox is well
established.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

The war department has issued its
first order for the return Of regiments
in the regular service from Manila
Among those to come first is the Four
teenth which participated in the march
to Pelin
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

In deciding the question which should
die first, the sultan of Turkey or his
doctor. the former came out on top.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
Trimmed Hats

If you care for low prices and stylish
goods, you can be suited at Morrison's.
507 Kansas avenue.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Rev. Charles NJ. Sheldon will deliver
an address and give Il reading at the
Kansas City, Kan, high school Friday
night-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

TO Cure DYSPEPSIA and Indigestion
Sour Stomach or Heartburn take Rex
Dyspepsia Tablets. All druggists are au-
thoTized to refund money If they fail to
cure. Price SOC per package
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

sas ave Tel. 10. residence 1851 Topeka
ave. Tel IS. Office hours to p. N.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14
An Excellent Combination.

The pleasant method and beneficial
effects of the well known remedy,
SYRUP OF FEES, manufactured by the
CALIFORNIA FIG SYRUP Co., illustrate
the value of obtaining the liquid laxa-
tive principles of plants known TO be
incidentally laxative and presenting
them in the form most refreshing to the
taste and acceptable to the system. It
Is the one perfect strengthening Taxa
tive, cleansing the system effectually,
dispelling colds, headaches and fevers
gently yet promptly and enabling one
to overcome habitual constipation per
manently. Its perfect freedom from
every Objectionable quality and sub
stance, and it's acting on the Kidneys
liver and bowels. without weakening
or irritating them, make It the ideal
laxative.
In the process of manufacturing hgs
are used as they are pleasant to the
taste. but the medicinal qualities OF the
remedy are obtained from SIENNA and
other aroma tic plants, by method
known to the CALIFORNIA FIG SYRUP
Co only. In ORDER to get its beneficial
effects and to avoid limitations, please
remember the full name of the Company
printed on the front of every package.
CALIFORNIA FIG SYRUP CO.
SAN FRANCISCO. CAL
LOUISVILLE. KY NEW YORK. ". ?.
Forsale BY All Druggtsts--Prices Soc psr botsla-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

Tom johnson is said to be making goo
goo eyes at the Democratic presidential
nomination.