davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
LEGAL

$4,000. 49,
ana recurring cities having q population
% more IMAM %. 900 to have and maintain
a system of public parks parkwavs and
poulevards. and providing for the apoir1t-
naSl. ny the mayor of board of park
commissioners to devise, improve and
ssuperinlend the same, with authority to
. n,shi city bonds, and levy taxes therefor.
fhe o1ec. TO the restrictions contained in
ene act, Is valid and constitutional
eenac.ment so far as its operation and eff
1ect Is challenged in this action.
Inc levy of a tax by such board of
PARK commissioners of one half mill on
s .n9 aoiiar Ior general park purposes. is a
All the justices coneurrinR
true copy.
ATTEST; d. A. VALENTINE,
loeai'd - Clerk Supreme Court.
: No. 15712
The Citysof Holton
E. w Tatlock
Error from jackson County,
REVERSED
syllabus. By the Court. Johnston, c. J.
l. Under a statute authorizing a; city to
pass ordinances for the levy and collec-
ton of license taxes and to prescribe PEN
alties for the enforcement of such ordi-
nances by inflicting a fine not exceeding
one hundred dollars and imprison-
m mem not exceeding three months.
or both such fine and I'm
pr1sonment for each offense. an ordinance
lars nor more than one hundred dollars,
OF Imprisonment not exceeding thirty
Gays, or both such fine and imprisonment
Tor each violation, Is within the limits of
the statutory grant of power.
All the Justices concurring.
Attest: D. "A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1871.
The Fisher Machine Works Company

The Fisher Machine Works Company
vs.
The Leavenworth National Bank. !.
Error from Ieavenworth County
AFFIRMED.
Syllabus. BY the Court. Graves, j.
l. The holder of non-negotiable prom
issory note. Endorsed by the payee, Is prl-
ma facie entitled to maintain an action
for the collection thereof.
q A non-negotiable promissory note was
owned by an estate. The administratrix
endorsed the note in blank, and delivered
it to bank. The bank commenced an &C
ton in it's own name against the maker to
enforce collection. In its verified answer,
the maker admitted the execution of the
note. but denied the authority of the ad-
ministratrix ito endorse the note to the
bank or any other party" On the trial,
the plaintiff presented the note to the
court and demanded Judgment. No proof
being presented by the defendant. judgs
ment was entered for plaintiff.
Held not error
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
D. A. VALENTINE,
& Clerk Supreme Court.
No. 1888.
The Fredonia Gas Company

The Fredonfa Gas Company =
A. w. Bailey and Joseph Kafnmeref.
Error from Wilson County. 81
AFFIRMED.
Syllabus. By the Court Benson. J.
/. Anticipated profits may be allowed as
damages UPON the breach of q. contract,
where the business undertaken Is not new
or untried, and has been established to
such an extent that a safe basis can be
found upon which to estimate such profits
with reasonable certainty.
O. In an action by the contractor for
damages for breach of a contract to drill
gas well, the testimony of witnesses who
have had experience in drilling gas wells
upon the same farm, and other wells in
the vicinity where the strata appear to be
the same, and the conditions similar. is
competent to show the cost Of doing the
work contracted for. and prevented by the
owner.
All the Justices concurrfng.
A true copy.
Attest: D. A. VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
Isea1.l
First published in The Topeka State
Journal Feb. g. 1905

First published in The Topeka State
Journal Feb. 6, 1851
At a: meeting Of the city council of the
1905 the following resolution was present
ed and adopted.
Resolved, That the Mayor and Council
of the City of Topeka. deem it necessary
North Jackson street, from the south line
or Morse street to the south line of ST
John street. be graded, eurbed with COM
bined curb and gutter aud paved with Wit
ing to be thirty (3O) feet wide, including
cutters
C. E. JORDAN.
I. c. B. Burge, City Clerk of the City
the above and foregoing is true and cor
rect copy of the. original resolution now
c. B. BURGE,
lSea1.J City Clerk.
First published in The Topeka State
Journal Feb. s. 1881
city of Topeka. Kansas, held February 8.
1903. the following resolution was present
ed and adopted:
Resolved. That the Mayor and Council
for the best interests of said city that
Thirteenth street, from the west line of
Harrison street to the east line of Topeka
avenue, be graded, curbed and paved thir-
ty 600 feet wide with vitrified brick on
sand foundation.
y c. E. JORDAN.
I, c. B. Burge, City Clerk of the City
of Topeka, Kansas, do hereby certify that
rect copy of the original resolution now
on file in my office.
] [SeaL1 City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
MISCELLANEOUS.

MISCELLANEOUS.
GENUINE American main springs for
American watches. s. Freidberg. 507 K-A.
CEMENT cellar floors 75c per square
yard guSranteed SwaIweH Ind. fiji
MANICURING house. Calls solicited.
Mrs. Elliott, Ind. phone 1891.
IF YOUR watch needs repairing bring It
to 8. Freidburg. 50 Kansas ave. and
have it done right
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

No. 1880.
The Modern Woodmen of America ct al.
Edna A Puokett ct al.
Error from Reno County.
REVERSED.
Syllabus. By the Court. Porter J..
1. A member of a mutual benefit socie-
ty who holds a certificate of insurance
therein has no interest in the fund. He
possesses simply the power of appointment
which If not exercised becomes inopera-
tive. Neither the certificate nor the pro-
ceeds become a part of the estate or the
g. A member of mutual benefit socie-
ty who is the holder of insurance therein
has no interest in the certificate which
the rules and bylaws of the order and
the contract of insurance provide a
method by which a change OF beneficlary
may be made by the member, that method
must be followed, and testamentary
direction viii be held Intellectual as new
designation.
8. Where the beneficiary named in a
benefit certificate issued by a mutual ben
eft society dies before the insured mem
Der. no interest in the FUND vests U.s. IN ts ens
the fund by inheritance. The only n
terest such beneficiary had In her lifetime
was an expectancy which ceased at ner
l. Where, in a case like the one men
toned In the preceding paragraph, the
assured has made no change IN sne % Pe the
society which were a part OF the coni II ..a.
expressly provide where the fund snaa go
at his death, the contract governs. IN
this case the laws of the order provide
that under the facts which are not dis-
puted the proceeds are payable only to the
heirs of the assured.
whose benefit such mutual society Is or
ganfzed can not become a. beneficiary.
g. Where latent ambiguity IN the
terms of a last will is established by parol
testiruony which itself serves to explain
and remove the ambiguity the language OF
the will controls.
All the Justices concurring.
A true copy. ,>,z
1seaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

TRANSFER AND STORAGE
MERCHANTS TRANSFER & STORAGE
Co., packs, ships and stores house hold
goods. Tel. 1S6. Clarence Skinner. GIL
Quincy st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1873.
E. o. Faulkner

No. 1888
E. o. Faulkner
VS..
Bank of Topeka
Original Proceedings in Mandamus.
WRIT DENIED.
Syllabus. By the Court. Burch, J.
Section 90 Of chapter AZ of the session
laws of 1897 forbids a transfer of shares
of bank stock on the books of the bank
rectors when the registered holder is in
debted to the bank upon obligations ma
tured and unpaid; and transfer under
such circumstances may be refused by the
bank notwithstanding the fact that the
party demanding the transfer acquired the
shares from the registered holder at a
time when the registered holder was not
indebted to the bank.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1887.
state of Kansas, ex rel.

No. 1881
State of Kansas. ex rel.
VS..
D. w. Shufford, ct al.
Error from Allen County.
AFFIRMED.
Sy1Jatus By the Court. Graves. j
J. A private person can no. use om mo
name of the state In an act1on OF duo
wa rranto for the disorganization OF an IN
cornorated city when the purpose OF the
action is to withdraw the properly OF
sIIch person from municipal taxation;
3 A petition, in such an action Wnich
AYERS a cause of action against the may
or. councilmen and assessor of the Guy
to disorganize the municipality and also
one against the county clerk and the coun-
tv treasurer, to enjoin the collection OF q
tax levied against the property OF INC
DIafntiff in such city, contains TWO causes
Of action which are temporarily joined
An action to annul the charter or an
Incorporated city on the ground that II
was Illegally organized, must be brought
in the name of the state by some oHlcer
authorized to represent the interest OF tne
public as the attorney general or the
county attorney. ..a g.,
4 An action cannot be maintained IN
the name Of the state to enjoin the coAeG-
ton Of a tax levied by a city Tor mum
cipaI purposes against the property OF q
private citizen merely because the owner
of the property claims the tax TO De IL
legal
All the Justices concurring.
Attest: D. A. VALENTINE.
TSeal1 Clerk Supreme court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
HOUSE BILL NO. SO.

Published in The Topeka State Journal
Feb. II, 1861
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No 1905.
No. 1898.
Missouri, Kansas & Texas R'y Co.


Missouri, Kansas & Texas Ry Co.
VS..
o. T. Roe.
Error from Neosho County.
-e- AFFIRMED.
Syllabus. BY the Court. Burch, =.
A railroad company condemned for It's
corporate use portions of two blocks d.
vfded into lots comprising part of an ad-
dition to a city The two blocks were
fenced with two others making tract OF
about eight acres nearly in the form OF a
. 5Quare, which was cross-fenced. The al
8 tevs were not opened through the tract
and streets and alleys were not followed
in that part of the city. The owner sued
for damages account of the land ta-
ken and the injury to the remainder OF
the two blocks from which land was Ia
ken. Held
The plaintiff was entitled to compen-
eation according to the most advantage
GUS and profitable use ne could make of
his land.
2-The defendant could not insist that
the plaintiff treat his entire holding as a
farm In order to minimize his damages.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
(Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
FURNTruRE REPArRED.

ID. J. TrIckler does expert furniture re-
pairing. Carpenter and job work also
neatly done. "a w. 18th 1T Bell 1se2 red.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1864.
W. L. Christie

No. 1884.
w. L. Christie
Roy Scott
Error from ChautauQua County.
REVERSED.
Syllabus BY the Court. Smith, j.
1. Where C sells to an article of per-
sonal property and at the. time of sale
amount of the purchase price and with
interest until paid, and on the same paper
following the promissory note ana !, oeIo 1Te
the purchaser of the property, the follow
ing contract is inserted
1.-THE express condition Of the sale and
purchase of (words describing the partic
uiar implement) for which this note Is
given is that the right or title or owner
until this note and interest Is paid in full,
and that he may declare this note due at
any time, even before its maturity. ana
also take possession OF SAID ABOVE nane9
property, remove and sell the same, and
apply the proceeds toward payment or tnts
note. less the expense of such removal ana
sale All expense incurred In the colec-
tion of this note after maturity snail De
paid by the maker thereof -.....
Payable at the office of W. L Christie
Cedar Vale Kansas.
And where in accordance with the
provisions of the contract, after defauH
erty described therein and applies the pro.
ceeds toward the payment of the note and
afterwards brings suit for balance sls! tb 5s
naming unpaid lIeTSoH
the law does not imply re-
Vacation of the sale by sucn
taking and selling nor does 1T imply tnae
there is no consideration remaining to sup
mort a recovery upon the unconolIional
promise in the note to pay the remainder
of the purchase price s h.va
Where more than five years nave
elapsed from the maturity of a note. as
anpears by a pleading, and the time OF
hrinr4nS an action theron but facts are
alleged in the pleading which, II true. sH US
-anSed the rI1nntuE of the statute LOT
such time that the bar thereof mao att not
feIian at the commencement Of the actlon
q demurrer to the pleading on the GROUND
that it shows upon its face tnat II Il n oah
red by the statute of limitations shouio
be overruled. tha , nn,,ca-
ton Of partial payments on an lnteres..
bearing promissory note is II the payffsG rst
svceed the interest due, to Apply Il hIs'
in discharge Of the interest ana 1ne
tla I,sI-noent be less than the interest que
- ia APPLIED upon the interest put tne re- re-
,,,ainder of interest is not to increase the
principal. ,r-;r1
A true copy. 1y.TENrTrNE
AtteS1' Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

No. 1917.
Missouri. Kansas & Texas Railway Com
pany
VS..
Charles Sinclair and John Wallace, Part
ners. doing business as Sinclair & Wal
lace.
Error from Atchison County.
REVERSED.
Syllabus. B. the Court. Porter, ].
The State VS.. otis, 60 Kan. 24S, followed,
and held that chapter 354, Laws Of 1905,
providing that railroad companies shall
furnish free transportation to shippers of
live stock IN certain cases, and authoriz-
ing actions to be brought to recover pen
Siities for its violation, has no application
to Interstate shipments.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

FOUNDERS AND MACHINE SHOPS
FOUNDERS. MACHINISTS AND PAT
tern makers. Topeka Foundry, 31S-320-321
Jackson ST. Both phones 4ee.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

NO 1886.
The Kansas City, Olathe, Lawrence and
Topeka Railway Company
VS..
John Weidenmann.
p Error from johnson County.
AFFIRMED.
Syllabus. By the Court. Johnston, G. j.
1. In proceeding to condemn a right
of-way for a railroad through farm a
farmer who has lived many years in the
neighborhood and knows the. character Of
the land and the course of the railroad
through 1T, as well the condition in
which 1t was left by the construction of
the railroad, and who states that he is ac-
quainted with its market value in that
neighborhood Is competent to express an
does not know of any actual sales in the
neighborhood at the time the land was
appropriated.
3. In determining the market value of
land appropriated any and every legiti-
mate use to which it may be applied and
for which it is adapted, including those
which are most advantageous and valua-
BILE, may be considered.
8. The Issue of what owner should
receive for Land condemned cannot be es-
tablished by some specific or exceptional
sale in the nefghborhood but to test the
knowledge OF witnesses and the value of
opinions given by them as to values they
may be asked, on cross-examination, as to
other transactions. and as to sales of
other property. t
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
- tSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

No. 1880 wsT - IS
C. w. Barnes. ct al. s=fy
The City OF Parsons, Kansas, ct al
Error from Labette County
AFFIRMED. r.
Syllabus. BY the Court. Graves. ].
l. The power given to cities of the sec
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

CAPITAL CITY vITRIFIKD BRICK &
PAVING CO.. IA e. 9Th st. Mfgrs. of
building. paving and sidewalk brick.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

No. 1889
Robert T.. Mooney and Mary E. Mooney.
Willard Merriam. Frank s. Ellis and Ar
thur s. Benton. doing business under the
firm name and style of Merriam, Ellis
and Benton.
Error from Wyandotte County District
Court.
AFFIRMED.
Syllabus, By the Court. Porter, j.
l. In order to recover damages for the
loss Of property destroyed by fire on the
ground of the failure to carry out the
terms of an oral contract for insurance
the evidence should show with reasonable
definiteness that the minds of the parties
met upon the subject-matter of the con-
tract. and agreed upon it's terms
q In an action like the one referred to
in the preceding paragraph, where the
evidence leaves it uncertain as to whether
the oral contract for insurance was one
which required defendants to write the
insurance in q certain company of which
they were agents, or, on the other hand.
left it to the agents to determine in what
company 1t should be placed, and Is like
wise indefinite and uncertain with respect
to the subject-matter of the contract. the
risk insured against the duration of the
risk the amount of the Insurance and
the premium to be paid, no recovery can
be had and a demurrer to the evidence
Is properly sustained y
All the justices eoncurring.
A true copy. -,
Attest: D. A. VALENTINES =
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
FREE DIspENsARY.

QUINCY STREET FREE DIsPENsARY.
621 Quincy st. Conducted by regular
ical service free Medicine free in some
cases. Office hours TO .. IN. Calls
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

TIMERS.
JOHN SETBOLD. tin roofing, guttering
spoutiny. Estimate on furnace Jobs cheer
fully GIVEN ia e. sth- Ind ISL
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

JAMES B. HAYDEN, Jeweler and op,I.
clan. Complete stock of watches, dia-
monds, silverware. etc. Eyes examined
and spectacles properly fitted.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

c. B. BURGE,
tSeal.1 City Clerk.
The morning journal-courier., 1908-02-20
STOCK MARKET REVIEW.
Position of Railroad Corporations
 Feature To-day.

New York Feb. 19.-The feature of the financial situation which was brought into notice by the action of to-day's stock market was the position of corporations. especially the railroads with important maturing obligations to meet, while the falling off in their earning power has encroached so far on, the margin of surplus available for distribution os to seriously impair the market standing of the securities. The Gould group was acutely affected by these considerations to-day and se- curities of other companies whose po- sition is. believed to be analogous show ed sympathy, The degree of resistance shown by the general market, however, to the influence of the demoralized break in the Golld's was worthy of remark. In the early stages the con- trary movement in Missouri Pacific was ignored and prices elsewhere made some headway upwards, and there was final rally to the best The early rise was halted and a general reaction ensued, but it was moderate compared with the fall in the stocks most af- feoted. The slumping tendency ex- tended to some points in the bond mar Ike. as well, where the same general causes were at work. The steps TOW being taken towards re .renchmcnt and economies of the railroads n meet the falling off in business offer one of the leading subjects of attan.ij jn in the f. nl ( ia, ports of concerted action amongst western railroad companies looking to- wards reduction in wages on their systems. Fears of the strike troubles that may follow are an appreeiable ln- huence in the undertone of depression.
 Retrenchment and economy, how ever, cannot escape the obligation for expenditures already made, and the burden of such obligations was the point of emphasis in the lesson incul- cated by the days doings in stocks A belief prevailed that an aggravating cause of the extreme depression shown by some stocks was the forced selling of them in the liquidation of loans in which they figured as collateral and which are now maturing. Reports of an intended reeeivership for Missouri Pacific, which were stimulated by the action of the stock were denied by the head of the system. The stock sold as low as 2S 12. Westrn Union at 41, to-day's low price, was at the low record since 1870, when it touched 30 1-2 Another decline in copper was an incident of the day. Money on call went above per cent, for the first time in many2 days. Payment of 20 per cent. installment of subscriptions to Canadian Pacific stock was a factor in the money market. Sterling exchange continued firm and kept alive discussion of a possible outward movement of gold at an early date. The closing tone for stocks was strong at the re- bound.
 Bonds were weak. Total sales par value. $S,4T0,000
 United States As advanced 1-2 per cent. on call.
The morning journal-courier., 1908-02-20
Regarding Stuyvesant Eish's Fight for
 Illinois Central Control.

Chicago, Feb. 19.--Judge Pal of the Superior Court will render his de- cision in the Illinois Central railroad case at 10 a. m. tomorrow.
 The chief point involved is whether it Is lawful for corporations outside of Illinois to control and vo:e stock fin : Illinois corporations. Incidentally. the decision will settle whether Stuyvesant Fish of F. H. Hartman is to control the Illinois Central railroad during the ensuing year
 Last December MT. Fish obtained a temporary injunction restraining the voting at the annual meeting of the Illinois Central of large amount of stock held in The name of the Union Pacific Railroad company, and in that of the Railroad Securities company ef New Jersey. The injunction provided that the stock might be voted. but if it proved decisive in any question it was to be ruled out. The decision to- morrow should determine whether Jle temporary injunction secured by Mr. Fish is to be made permanent.
The morning journal-courier., 1908-02-20

funds, but since that decision there has arisen considerable public criticism Of the plan.
 When they had adjourned this after- noon, the directors declined to say what had taken place, but it was learned that they took no final action, and that the consensus of their opin- ion was in favor of further hesitation before committing themselves to the project.
 Both F. H, Hartman and Stuyvesant Fish attended the meeting. Mir. Harri- man, when questioned about the pro posed issue, said:
 Tt is not every railroad that has $40 00O000 of free equipment"
The morning journal-courier., 1908-02-20
Ex dividend.
ST. PAUL'S GIRLS PARTY.
Missionary Guild and Junior Auxiliary
 Event Saturday.

A Washington birthday tea party is to be given by the girls of the Mis- sionary guild and the Junior auxiliary of St. Pauls church in the club house of the Knights of King Arthur in the rear of the church home on Chapel street. There will be a sale of fancy articles. homemade caKe and candy. The hours will be from to 3 D. m. on Saturday. The proceeds will be used for the furtherance of missionary work,
 Tho girls have arranged to apparel themselves in fancy colonial dresses and the result will be quite picturesque and will add charm to the event All interested are invited to attend
The morning journal-courier., 1908-02-20
TEST IMMIGRATION ACT.
Two Japanese Fined $500 Each and
 Year in Prison in Canada.

Seattle, Wash. Feb. l9.--A dispatch to the Post 1ntelligencer from New Westminster, B. C., says that the Natal act, passed unanimously by the pro- vncial government, was tested yester- day, when the two Japanese from Portland, who, last Friday, insisted on entering British Columbia, were fined $500 each and sentenced to twelve months Imprisonment. This is the full penalty under the act.