davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23
CHRISTMAS AT PoTSDAM.
low Emperor William and Court
Will Celebrate.

BERLIN, December 23.-Thirteen Christ
mas trees stand in the new palace at
Potsdam for the members of the imperial
family. There are two large trees in the
center, with five smaller ones on one side
and six on the other. diminishing in size
according to the age of those for whom
they are intended. The two large trees
are for the emperor and empress and the
others for their six sons and daughters.
the wives of Crown Prince Frederick VIII
liam and Prince Eitel and the children of
the crown prince.
The emperor's Christmas program be-
gins after luncheon on Tuesday, when he
will walk through the grand park at
Sans Souci with several hundred marks
in coin, freshly minted. in his pocket,
bestowing or 10 or 30 mark pieces upon
poor persons whom he may meet.
No one knows what paths the emperor
may take, but as IL is his annual custom,
plenty of the poor are distributed through
out the parks on the lookout for his
majesty. On such occasions he continues
his walk to the barracks of the list
Regiment of Foot Guards. to attend the
celebration of the so-called Life Com
pany." of which he was captain as crown
prince, and after him the present crown
prince. but of which Prince Eitel is now
captain.
Every Christmas the emperor is present
at the distribution of presents and to join
In a fraternal glass of punch. Each COM
pany in the German army has its own
Christmas tree. for which gifts are sent
from the mems homes. The imperial fam
lily gathers al 6 O'Clock to give each other
presents Then the officials of the i'm
perial household come into the shell room.
where the trees stand. to receive theirs.
The members of the imperial family give.
but do not accept gifts from members
of the household.
The emperor has been summoning deal
ers TO Potsdam almost every afternoon
since his return from England. and has
been selecting for Christmas gifts sport
ing guns saddlery outfits. gold-mounted
or jeweled riding crops and other appro-
pirate articles for the twenty or thirty
ladies' and gentlemen attached to his
household. He also gives. portraits with
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23
SOUTHERN EDUCATORS.
Annual Meeting to Be Held in LEI
ington, KY, December 1928.


LEXINGTON. KY, December 23-The
Southern Educational Association will
hold its annual meeting here December
90 to %. Committees are making ar
rangements for entertainment.
Addresses of welcome will be made on
Thursday evening by President Patter-
son of the State College Of Kentucky and
w. L. Kimball and NJ. A Cassidy Of Lex
ington, and responses by Supts. s. A.
Mynders. Knoxville. Tenn. and President
G. r. Glenn. Dahlonega, Ca. which viii
be followed by the annual addresses by
President R. ]. .Tighe of Asheville. N c.,
and of the Southern Drawing Teachers
Association by President Elizabeth M.
GetZ Atlanta, Ga.
The next morning the reports Of edu-
eational progress In the southern states
will be made by their state superintend-
ents Of education.
Saturday morning paper on Some
Practical Means for the Improvement Of
Teaching will be read by Supt. James
H. Van Sickle. Of Baltimore.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

Capt. Johansson is noted for his hatred
Of sharks as we'll as his love of the truth
He never sails without collection of har-
poems on board. and is never too busy to
stop for a shot at Johnny Shark. On this
last trip the captain carried along a guam
tity of bombs. and had. he says, great
success In getting the sharks to swallow
the bombs cunningly concealed in bits of
pork. The bombs had time fuse attach
ments and blew up the sharks after
dinner.
Well. it was to the southland Of the
Azores that the lookout sighted dead
ahead a queer gray something lying half
submerged. with what looked to be part
of a coming tower sticking out Of the
water The Elise was ambling along at a
two-knot gait and everybody got q good
look. II was found that the coming
tower was a most peculiar I'm on q most
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

peculiar fish. AS the Elise sailed by the
conundrum raised head shaped like that
Of an ostrich and opened appealingly, the
captain says, q mouth like a camers. 1t
waggled the split lower jaw and took
readily the meat-covered bomb which
Capt. Johansson heaved over. AS II alb
sorbed the bait a happy smile overspread
the strange countenance and Capt. Jo-
hanson was almost sorry about the bomb.
However, the bomb didn't explode, and
that explains why thes monster is still I'M
classified. 1t Is further described as "12
feet square, which suggests the great
grandfather of all turtles
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23
THINGS SEEN AT SEA.
Bomb Would Not 60 Of inside
Lucky Shark.

NEW YORK, December 23.-The Swed-
Ash bark Elise. commanded by Peter Jo-
hanson. got In at pier %, South Brook
lyn. yesterday. The Elise il unloading a
cargo from Bristol. and Capt. Johansson
gave some "reminiscences of new brand
Of sea serpent.
The Elise cleared from Aruba in the
Dutch Antilles so long ago that they don't
speak OF 1t. 1t was on her way to Bristol,
while she was standing to the south ard
of the Asores that the addition to natural
history was sighted. To understand what
happened 1t is necessary first to know that
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23
General Building Trades Union.

NEW YORK, December 23.-Plans have
been completed for the formation of a
temporary organization which will en-
brace all the building trades unions in
the country in accordance with the pro-
posal made at the last annual meeting
of the American Federation of Labor. A
charter for the new organization will be
asked for at the next meeting of the ex-
ecutive council of the federation, which
will be held in New York January 20. A
meeting to form a permanent organiZa-
ton will be held January .. 1t is said the
new federation will include 1,O00,OO0 men,
beers.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

his autograph. richly framed, porcelains
and jewel boxes, of which he is exceed
ingly fond.
The crown prince and Prince Eitel have
establishments of their own at Potsdam
to which they repair after the. family
gathering to make similar distribution of
presents to members of their official
households.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

PHILADELPHIA. December 23.-George
Cremer, for thirty-five years in the United
States subtreasury here. died yesterday at
his home of pneumonia. In financial cir
Giles he was best known through his abii-
ity to detect counterfeit banknotes. So
great was the confidence of the Treasury
Department In his knowledge that Mr.
Cremer was frequently summoned to
Washington to pass upon bills and coins
of a suspicious nature, and his word was
accepted as final.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

a business deal aggregating s25O.OOO was
contaminated at Clarksburg, w Va,
whereby Robert Morris and others pur-
chase the interests of the General Manu-
featuring Company of Clarksburg.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

Lieut.. Weber McKibben, after four
years spent in the cavalry service OF the
United States army in the Philippines
is on a three-month furlough at his
home in Hancock. Md. His re sident sta.
tioa is at Fort Meade, s. D.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23
Russian Automobile Corps.

ST. PETERSBURG, December 2s.-The
Russian war department has ordered the
formation of military automobile CORPS
to be based on the German model.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

Eddie King. a colored waiter at Hotel
Bagby, Tappahannock. Va, committed
suicide by blowing out his brains with q
pistol.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
LEGAL,
No. 1926.
State of Kansas
James Jepson, ct al.
Error from Crawford County.

James Jepson, ct al.
Error from Crawford County.
REVERSED.
Syllabus. By the Court Graves, ].
l. The repeal of section 1, chapter 165,
laws of 1887, by section l. chapter 232, laws
1901, does not limit the authority of an
has authority to aid the attorney general
In the enforcement of all the provisions of
enacted.
has been appointed by the attorney gem
eral, the appointment will be presumed
to have been regularly and legally made.
If the authority of the officer. SO appointed
Is challenged under section z, chapter II,
Gen. Stat. 1901, the certificate of appoint
ment will be prima facie sufficient to
establish his right to represent the state.
3; When the state applies to a court or
judge for tenn porary injunction in an
action of injunction to suppress public
ton, no notice to the defendants is neees-
sary, and none should be required.
4. Whenever such an application is made,
the court or judge, in determining the
the same judicial discretion that exists
when other questions of fact are deter
mined. In all such cases, the general rule
that the language of the statute will be
holding and promoting its object, and that
strained and technical interpretations of
Its provisions for the purpose of impair
ing or defeating its manifest purposes VIII
such rule of construction, a fairly reason
able showing has been made, the state is
entitled to the writ.
5. The evidence in this case examined
and held to be sufficient.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
No. 1875.
The Lincoln Mortgage and Trust Com
pany

No. 1875.
The Lincoln Mortgage and Trust Com
pany
Robert Davis.
Error from Seward County.
AFFIRMED.
Syllabus BY the Court. Mason, j.
/. In the case of tax deed covering sew
eral tracts which has been of record for
Ave wears. the failure to ad to the statu-
tory form (which includes but one descrip-
tion) words showing explicity that the re-
citals are meant to apply to the tracts,
seEerally and not collectively is not fatal;
such omission results at most in an am
biguity and a construction must be
adopted which win uphold the deed.
q A tax sale certificate issued under the
"cornpromise act'' (Gen. Stat. 1901, secs
1872 1879 is assignable.
3. The fact that tax deed is based
upon proceedings under the ompromise
act does not change the rule that 1t is
not rendered void upon its face by fall
ure to disclose the residence OF the gran
tee.
4. The compromise act, which authorizes
the county commissioners, where property
offered at tax sale remains unsold for
three years for want of buyers. to cause
a certificate to be issued for less than the
full amount due thereon, does not violate
the constitutional requirement that the
rate of assessment and taxation shall be
equal nor is its title insufficient, nor is
ii void as an attempt to devolve judicial
powers upon administrative officers.
All the Justices concurring.
A true copy. -
Attest: D. a. EALENl tNE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
LEGAL

evidence was admissible to prove that 1T
Mas made and sold for the purpose of be-
ins used 70 thfesh all kinds OF grain
lowing provision:
=. AFTER the machinery mentioned herein
Is Qeilyered to the purchaser all subse-
quent contracts relating thereto or in
anywise affecting this warranty, or the
return or the machinery Hereunder must
pc IN writing, and must, in order to bind
me company, be signed by its president .
neio, that the company could not thereby
sequent contract by parol, or to waive anv
CONDITION of the contract made for its
penent. Evidence examined and held
sumlcient to support the verdict
All the Justices concurring.
A true copy.
Attest: d VALENTINE
lSeaij Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
LEGAL.


No 1908,
Council Grove Township and Four Mile
TOWNSHIP
VS..
Martha J. Bowman and s. A. Bowman.
Error from Morris County
REVERSED.
Syllabus By the Court Benson,
/ When a road is laid out upon a town
ship line. and is fenced, improved, and
used for many years with reference to the
supposed location of such line, such ac-
tual location will be presumed to be cor,
rect until the contrary is shown, and
proof of such facts is sufficient, prima
facie, to show the existence of a highway
along the route SO fenced, used and i'm
proved
q The obstruction of a public road by
erecting g wire fence along, or near, the
center thereof for a considerable distance.
by the owners of adjoining lands, who
seek thereby to permanently appropriate
a part of the highway. may be prevented
by injunction, when such owners threaten,
and are about to build such fence.
All the Justices concurripg.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
No. 1889.
The State of Kansas

No. 1883.
The State of Kansas
VS..
Frank White and Elmer williams.
Appeal from Barber County.
AFFIRMED.
Syllabus. By the Court. Burch, ].
!. A prosecution by information for a
rant which is executed is placed in the
hands of the officer for service and not
on the date the information is filed; and
upon the hearing of a motion to quaSh an
information which states offense the
prosecution of which is apparently barred
the court may examine the prior proceed
ings to ascertain the time when the ac-
ton was in fact begun.
2. If upon his arrest for felony the
party charged consents to a continuance
and without objection to the complaint or
warrant gives bond to appear at later
the complaint and warrant and thereafter
can not be heard to say they were insuH1-
Gent to begin a criminal action against
him and arrest the running Of the statute
of limitations.
g. A complaint and warrant for felony
which state the date t OF the 9 daE Of as
month and year named are sufficient to
authorize the detention of the party
can be held; and this is true although the
prosecution APPARENTLY is barred by the
statute of limitations.
f. In a prosecution under section 285 or
the crimes act Gen. Stats. 1901, Sec. 2zS6l
providing that every person who shaH
steal or obtain by 6fber sta the tertory
or county. and shall bring the same into
this state, may be convicted and pun1shed
for larceny in the same manner as II sucl1
property had been feloniously stolen or
taken within this state, the question
whether the property brought into the
state was stolen is to be determined by
the law of this state.
s. If a person in another state mark or
brand or after the mark or brand of, any
animal the subject of larceny and the
property of another with intent to steal "
or to convert it to his own use SO that II
the marking, branding OF alteration were
done in this state he would be guilty of
the larceny defined by Sec. So OF the
crimes act Gen. Stats. 1901. Sec. 2076), and
then brings such animal into this state It
he may be convicted of the offense de-
nounced by Sec 2S5 of the crimes act:
g. In a case of the character just des-
cribed the offense may be charged in the
information as simple larceny.
T. An instruction regarding the 1ncrim-
mating effect of the recent and unexplain-
ed possession of stolen property modelled
after the fifth paragraph of the syllabus
of the case of the state VS.. Cassidy, L
kan $50 criticised but not condemned.
All the Justices concurring-
A true copy.
Attest. D. A VALENTINE,
TSeaIJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13

No. 1899
The State of Kansas, ex rel,
Carr w. Taylor, etc,
VS..
Tie Missouri Pacific Railway Company.
Original Proceeding in Mandamus.
WRIT ALLOWED.
syllabus. BY the Court. Porter, j.
l. The statute creating a board of rail-
road commissioners (chapter 2S6. Laws of
1901 and the acts supplementary and
amendatory thereto, being chapter 391.
Laws OF 1905 and chapter 340 Laws of
1909, is not In violation of the constitu-
tfonaI requirement that the legislative,
executive and Judicial departments of
government shall be kept separate
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
D. A. VALENTINE,
Clerk Supreme Court.
No. 14S73

No. 14S73
o. P UpGegraff and M. G. Updegran
A. T Lucas, Sheriff of Shawnee County,
Kansas; James E. Larimer and ]. G.
Slonecker.
Error from Shawnee County.
REVERSED
Syllabus BY the Court. Porter, j.
l. A petition which otherwise states a
case of action is not subject to demurrer
for the reason that 1t seeks to recover
more or different relief than that to which
&aintif is entitled.
q Injunction will lie to enjoin an exc
cution upon a dormant judgment. The
plaintiff IN such an action does not there
BY seek to use the statute of limitations
as sword, but as a shield to protect
something which the law has already
given hin1-the right not to have his prop
erty taken upon void process
the death of the judgment creditor. al
though the action was prosecuted by one
having no beneficial interest therein, and
the Judgment belongs lin fact, to another;
and under such circumstances. where no
proceedings to revive the judgment have
been taken within one year after the
death of plaintiff in the action, an exeeu-
ton issued upon the judgment is void and
may be en1oined.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
No. 1854.
J. G. Shreves ct al.
O. S. Gibson ct al.
ror from CnwIev County

o. >. Gibson ct al.
Error from Cowley County.
REVERSED.
Syllabus. By the Court. Mason, j.
/. The provision of the county drainage
act (sections 2551 to 1855. Gen. Stat. 1901),
which allows an appeal from the order of
the county commissioners requiring
drain to be constructed by the landowners
benefited, in consequence of which appeal
the final determination of the amount OF
labor to be performed by. each person IN
terest ed-in effect the estimate of benefits
as a basis for special assessments-is sub
mitted to a jury selected by the probate
Judge Is not void as an attempt to devolvo
legislative functions upon judicial trtb-
unal.
2. Although the proceeding referred to is
described in the statute as an appeal to
the probate court. and is there spoken OF
as a Cease" and although the Judge IL re-
quired to make record Of the proceed
ings of the jury and to make an order in
accordance with their report, nevertheless
such proceeding is in effect an appeal to
commission to be appointed by the pro-
bate Judge and not to the court itself.
inasmuch as the court ts given no control
over the jury's investigation or decision.
g. Where the statute relating to an ap-
neal bond is silent to its amount such
bond is not void because the liability
thereon is limited to a fixed sum.
A. Under a statute requiring written
clerk notice otherwise sufficient. which
Is delivered to the clerk, Is not rendered
void by the fact that 1t Is addressed to the
commissioners.
All the Justices concurrtng.
A true copy. -
Attest: D. A. VALENTINE.
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
No. 1861.
State of Kansas

George K. Addison ct al.
Original Proceeding in Quo Wararnto
DEMURRER OVERRULED.
Syllabus BY the Court. Graves, ].
!. Section l. chapter 374. Laws 1907,
known as the veterans preference law. Is
not unconstitutional.
2. Under such law, it Is the duty OF the
appointing power to determine whether or
qualifications required, and such deter
mination, if made fairly and in good faith,
is final
g. An applicant for appointment under
such law to be competent, must possess
the qualities which are essential to- the
prompt efficient and honest performance
of the duties pertaining to the office for
which application is made.
f. If the applicant has these qualifica-
tions. he is entitled to the office.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
TSeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
No. 1900.
Alice Coates, eft al


P. j. Nugent and The City of Kansas
City, Kansas.
On Re-Hearing.
Error from Wyandotte County Court of
AFFIRMED.
Syllabus. By the Court. Mason, j.
l. The provisions of the statute regard
ing the establishment of sewer districts
that where any property has paid it's full
proportion for general sewers and drains
in one district, it shall not be transferred
to any other and made liable for the con-
struction of sewers and drains therein, -
is intended to prevent charging property
of one sewerage system with part of the
cost of another which as to such property
first; it does not forbid the creation of a
minor division sub-district out of a
part of the territory of a principal dis
with the cost of a lateral or tributary
sewer which is constructed for the special
creation of a yet Smaller district within
such sub-district, and charging it with
ed for its especial benefit.
2 The evidence m this case examined
and held not to show any violation of the
8. The determination of a legislative body
that certain tract of land is especially
benefited by. proposed local improve
case admitting of substantial difference of
opinion. If the owner seeks to enjoin the
enforcement of an assessment upon the
ground that his land receives no benefit
he assumes the burden of showing con-
clusively that no such benefit is possible
and e. failure on his part to produce evil
dence regarding conditions by which the
matter might be affected is fatal to his
success.
4. Where a tract of land in front of
which a sewer has already been con-
structed is charged with part of the
cost of an extension along the same street.
proof that 1t is not at the present time
drained into such extension does not con-
elusively established that 1t can not pos
a
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
No. 1906.
Mary e. WeaVer

VS..
First National Bank of Chicago, ct al.
Error from Jackson County.
REVERSED.
Syllabus. BY the Court. Mason, J.
/. Although under the provision of the
Kansas constitution that a Homestead
occupied as a residence by the family of
the owner-shaI be exempt from forced
sale under any process of law right
to exemption can not originate without
the existence of a family-of a household
consisting of more than one person-yet
when the homestead character has once
attached it may persist for the benefit Of
viving member of the family Ellinger VS..
Thomas, GA Kan. $50, 81 Pac. $40, over
ruled.
2. Where a wife after the. death of her
husband continues to reside upon the
family homestead, although she is its
sole occupant, it is exempt against her
own creditors as well as against the cred
itors of her husbands estate, irrespective
of the time the Indebtedness was incurred
and without regard to which spouse held
the legal title to the property during their
married life.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-13
No. 1886.
The State of Kansas


Thomas Patton.
Appeal from Russell County.
REVERSED.
Syllabus BY the Court. Mason. j.
In a prosecution upon a charge of the
malicious destruction of property, based
upon the act of the defendant in cutting
down a telephone pole erected in public
street in front of a lot owned by him,
where there is evidence tending to show
reason so placed as to hamper him in the
use of his property, and that this incon,
by moving the pole a few feet to posi-
ton where lit would serve it's purpose
equally well it is material error for the
court to instruct the jury that no one has
a right to destroy the property of another
under the claim that it is a nuisance I'M
less it has been declared to be such by
some competent authority or by judicial
determination.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
CSeal1 Clerk supreme court