davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

NOTICE is hereby given that my petition
Tor a permit to sell Intoxicating liquors
according to law at my drug store at No.
IL and 124 E. 4th ST., in the Second ward
OF the city of Topeka, Shawnee county,
the probate judge of Shawnee county,
Kansas, and that the same has been set
for hearing by the Honorable r. F. Hay
den, probate judge of Shawnee county,
Kansas, on Tuesday, the 31st day Of
March, 1908. at 10 o'clock a. M, at his
onfce in the court house, in the city of
Topeka. NJ A FUNCHESs
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 1922.
Frank Rockefeller

No. 1922.
Frank Rockefeller
K B. Ringle.
Error from Reno County.
AFFIRMED.
Syllabus. BY the Court Smith, J..
l. Where a commission company as
signs and guarantees the payment at ma
turity of accommodation notes to a bank
and an officer of the com mission company
who is not guarantor of the notes but
who has heretofore given a written I'm :
dertaking of the bank indemnifying the
bank for any debts of the company there
after contracted to an amount much
larger than the amounts of the notes,
pays after maturity, a balance due upon
the notes and receives the notes from the
bank he does not thereby become q pur-
chaser of the notes for value in the usual
course of business.
q In such case the officer who pays to
the bank the balance due upon the notes
does so as the surety of the commission
company and, in taking the notes. ac-
quires no greater rights against the maker
thereof than his principal, the commits
sion company would have had, had the
notes been returned to it, and he cannot
recover of the maker thereon
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 1920.
The Fowler Packing Company

No. 1920.
:. The Fowler Packing Company
Joseph Enzenperger, Jr.
Error from Wyandotte County, Court of
Common Pleas.
AFFIRMED.
Syllabus. BY the Court. Johnston, C. ].
1. The principal purpose or that pro-
vision of the Factory Act which REQUIRES
owners or operators of manufacturing
establishments to properly and substan-
tally enclose OF secure elevators, hosting
shafts and wel1-holes, is to protect the
lives and limbs of employees at work in
such establishments.
2. Two freight elevators without enclos-
ures or coverings were operated in sin
gle enclosed shaft in a six-story packing
house and while barrels were being loaded
on one of the elevators through door of
the shaft at the sixth floor a barrel was
allowed to fall down the shaft upon an
employee then at work upon the other ele-
vator at the fourth floor thereby injuring
him held In an action on to q recover
er of the packing house to enclose and
make secure the elevator on which plain
tiff was at work was prima facie evidence
Of negligence within the meaning of the
Factory Act and that the defendant is
liable to the plaintiff for the injury suf-
fered by him in consequence of such
neglect.
8. The statement of the court in an in
struction that the defendant was required
to enclose and secure the elevators did not
impose higher duty upon the defendant
in this case than is prescribed by the sta
tute which provides that elevators shall
''be properly and substantially enclosed or
secured in order to protect the lives and
limbs of employees.
A. In order to avail himself of the pro-
lection of the Factory Act 1t was not nee
essary that plaintiff should plead or make
specific reference to that act in his petit
ton. 1t is sufficient to plead such acts
of negligence as bring the case within the
rule of the statute.
s. AS a general rule the omission by a
party to produce important testimony re-
iating to a fact of which he has knowl-
edge and which is peculiarly within his
own reach and control raises the presump
ton, open to explanation Of course. that
the testimony, if produced. would be I'M
favorable to him.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
| fSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 1890.
Charles E. Gibson

No. 1890
Charles E. Gibson
We.
+. s. Simmons ct al.
Error from Lane County.
REVERSED.
Syllabus. By the Court. Porter, J..
1. Before debtor who is absent from
the state when a cause Of action accrues
against him, and who makes temporary or
occasional visits to the state during the
period of limitation, can set up a bar of
the statute the times of his temporary
presence in the state must aggregate the
statutory period.
2. Where a debtor is out of the state
when cause of action accrues against
him the statute does not begin to run nu-
til he comes into the state, and it will
continue to run SO long as he remains in
the state; but if, after he comes into the
state, he again depart from 1t. the running
Of the statute ceases and remains sus-
pended during his absence.
All the Justices concurring.
A true copy. --
Attest: D.. A. VALENTINE,
TSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
LEGAL,
LEGAL.
Published In The Topeka State Journal
March IL, 1903
SUPREME COURT SYLLABI.
No. ISIS.
Mrs. E. d. Ferguson, ct al.

vs.
The City of CoffeyvilIe, ct al. So
Error from Montgomery County.
AFFIRMED. -a-csss
Syllabus BY the Court. Porter. j.
j. In a suit to enjoin a special assess
ment for street paving on the ground that
the proceedings of the city council were
void under the statute of frauds (secs. 3l75
& BIG, Gen. Stat 190D because member
of the city council was a stakeholder in
the brick company which furnished ma
terial for the paving, and that another
member of the council accepted employ
ment as a laborer under the contractors,
an Injunction is properly denied where it
appears from the findings Of the court
that the proceedings of the mayor and
council were in ali respects regular, that
no fraud was shown on the part
of any member Of the council, and that
no member of the council was interested
directly or Indirectly in the contract for
the Improvement.
3. Where the mayor and council have
passed upon the question and accepted the
work of street Improvement as salts
factory, their action is conclusive and
binding upon the property. owners in the
absence OF any showing of fraud In such
acceptance.
All the Justices concurring.
A true copy. E.
Attest: D. A VALENTINE,
TSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 1921.
Georgia Ann st. Clair

No 1921.
Georgia Ann st. Clair
Arthur U. Craig and George Grimes. 20
Error from Atchison County.
AFFIRMED.
Syllabus. BY the Court. Graves, J..
I. A tenant, while in the possession Of
real estate under an agreement with the
owner to pay the taxes thereon, can not
obtain a tax deed upon such premises, for
taxes which accrued during his use and
possession, and tax deed so obtained is
void. and insufficient to start the statute
of limitations.
2. Recording tax deed which has been
fraudulently obtained by a tenant of the
land described in the deed, will not i'm
part notice of such fraud to the owner
who is a nonresident of the state and has
no knowledge of, or reason to suspect the
existence of such fraud.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 15427
T. H. Harrod and John w. Hanlen

No. 15427.
T. H. Harrod and John W. Hanlen
The Latham Mercantile and Commercial
Error from Cowley County.
REVERSED.
Syllabus. By. the Court. Benson,
/. The title of chapter 90. Laws of 1871.
is sufficient to embrace the provisions
Including the penalties prescribed therein.
2.The provision Of section % OF the act
referred to- that one-half OF such penalty
when collected shall be paid into the
treasury for the use of the county, and
the other half to the inforn1er, is invalid.
being in violation of section 6, Article OF
the constitution.
8. This invalid provision is not such an
integral portion OF the whole law as to be
inseparable: the act provides proper
means for collecting such penalties which
reefs. and this does not violate the legis-
lative intent or impair the efficacy Of the
law.
4. The penalties above referred to are
not SO far exclusive as to preclude q party
suffering loss from a violation of the stat
wrong doer The decision Of this court
upon the former hearing Is adhered to.
5. When the burden OF proving the ma
terial averments of a petition Is upon the
plaintiff 1T ca mot be determined az mat
ter of law, that the jury are bound to ac-
cept the evidence az true although not
contradicted; the weight and sufficiency
Of testimony to prove q fact thus in Issue
is for the Jury In the first instance, SUBJ
ject to the supervisory powers Of the
court to be exercised Afterwards. IL found
All the justices concurring.
A true copy. -
Attest: ID. A. EAisENI1NE ~,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 15445.
Henry c. Eyer, ct al.

VS..
]. U. Brown ct al.
Error from Greeley County.
AFFIRMED.
Syllabus BY the Court Burch, j.
l. In order that purchaser taking title
by quit claim deed may be purchaser IN
good faith it is not necessary that he
Should catechise the yender respecting the
1atter's estate IN the land when the VEN
dor on the face of the record appears to
have an interest or estate to convey
2. The rule that If purchaser by quit
claim deed act in good faith, pay yalua-
Bile consideration and have no actual no
tice of outstanding equities or unrecorded
instruments he will take title subject on
ly to those rights which are dfscoverable
through an Investigation of the various
public records and by the exercise of rea-
sonable diligence in making proper exam
nations and inquiries applied. and the
rights of quit claim deed holder held to
be superior to those OF grantee unoef
prior unrecorded conveyances-
Ali the Justices concurring.
Attest: d. A. VALENTINE, =
ISeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

80 No. 15415.
NJ G. Stevenson
VS..
c. w. Carson.
Error from Clark County
lse REVERSED.
Syllabus. BY the Court Graves j.
A tax deed which has been recorded
more than five years will not be deemed
void on it's face merely for the reason
that it does not recite the county and
state where the assignee of the certiff-
cate of sale resides.
All the Justices concurring.
A true copy.
Attest: D.. A. VALENTINE,
(SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
TO WHOM n NAY ooNorRy

NOTICElMy application for permit tx
sen intoxicating liquors according to law
the city of Topeka, is now on file In thu
oHlce OF the probate Judge of Shawnee
county. Kansas. The hearing of the sam,
Is set for Tuesday, Ahril Z, at 10 O'Clock
a. m. c. M KNOWLTON.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

No. 1880.
Otto Kurth. ct al,
VS..
Farmers e Merchants State Bank OF
LeonaTdviIle, Kansas.
Error from Riley County.
REVERSED.
Syllabus BY the Court. Johnston, G. j.
i A memorandum written on the back
of a promissory note at the time of exc
cution which limits its consideration, az
fects its operation and was intended to
be 4 mart Of the contract must be regard
ed as a substantive part of the note.
2, A verified dental. Of the execution Of
issue the execution as well as alterations
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 1914.
Audley Tidball

No. 1914
&c Aud1ey Tidball
VS..
Joseph B. Schmeltz. ~
Error from Shawne County.
AFFIRMED.
Syllabus BY the Court Porter, j.
1. The doctrine of lis pendens applies to
partition suits as well as other actions,
but a purchaser pendente lite is only af-
fected to the extent of the decree and sub
sequent proceedings therein, and where the
suit, instead of terminating in a judicial
sale, provides for one of the parties ac-
curing the title by sheriff's deed at the
appraised value, a MORTGAGE may assert
his mortgage lien acquired while the ac-
ton Is pending.
2 A purchaser of lands subject to a
mortgage not in an action to fore
close the mortgage intsrpose the defense
Of usu-y-.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
ISeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

. No 1888.
The State of Kansas
VS..
Frank Thurston, ct al.
Appeal from Ellis County.
AFFIRMED.
Syllabus BY the Court Smith. J.
l. An information which. In addition to
the formal parts, charges that on or
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

MODEL Barber shop S15 Kansaa 49,
Hair cut Is cent?. Shave 10 cents.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

NSOIICH Is hereby given that my petition
Tor a permit to sell Intoxicating liquors
according to law at my drug store, at No
aso Kansas 50 ave, in the Fourth ward of the
Is now on file in the once of the probate
Judge OF Shawnee county Kansas, and
mat the same has been set for hearing
by the Honorable R. F. Hayden, probate
Judge of Shawnee county, Kansas on
thursday, the I'd day of April, 1908, at 10
CLOCK a. M, at his office in the court
E. 3. WALKER
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

Butter MiIkAOrder today. both phones 5s7.
17eiivered all parts city, 1oc gallon, Oak
land Friday only, N. Topeka Monday.
Cali wilbur. residence 1853 Bell phone
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
JEWELLERS

JEWELLERS.
JAMES B. HAYDEN, JeweIer and opti-
cian Complete stock of watches dia-
mouds, stiverware, etc. Eyes examined
and spectacles properly fitted
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
ERIE pIsPENsARY.

QUINCY STREET FREE DIsPENsARY.
62l Quincy st. Conducted by regular
practiclng physicians and surgeons. Med
ical service free. Medicine free in come
cases. Office hours 10 s p. IN. Calls
answered hight or day. Ind. phone 176s.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

NOTICE-My application for a permit to
sen Intoxicating liquors according to law
OF the city of Topeka. is now on file in
n Tne o on,It OF the probate judge of Shay
same is set for April 1, Wednesday, at 10
CLOCK a. m. C. s. POPE.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

SEE that you get the best, such as VIZ
carry. All our seeds are fresh. prieef
right. g. H. Harris. 30 w. 9Th st
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

TRANSFER AND STORAGE
MERCHANTS TRANSFER & STORAGE
Co., packs, ships and stores household
goods. Tel 186. Clarence Skinner. gu
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

BEFORE you build that new house, 1t
VIII pay you to see o. A. Bowersfield,
ty.. Call ia E. 4th st. Ind. phone 1865
GENUINE American main surfing. for.
American watches. S. Freidberg, E07 K. A.
IF YOUR watch needs repairing bring II
to 9. Freidburg. 5G7 Kansas ave ana
have 1t done right = . $3.50
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

sANrTARTUMs.
CHRISTS HOSPITAL COTTAGES FOR
the care and treatment of nervous inva-
lids. alcohol and drug habits and mild
cases of entail arrangement. w. g.
Lindsay. M. D.. $40 K. A.. Topeka. Kan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

FOR SALE-1,59 acres close to good rail
road town, lots of timber and runnin,
water. 300 acres of bottom lard, good i'm
provements. An ideal farm and ranch
Only SIS per acre. Willard E. Lyon Lin
coin, Kan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
FOR SALE

Highland Park II lots near car line, goo6
3 room house, chicken house and yard
we'll, fruits, woven wire fence, $1,000.
j E. ToRRINGTON, 100 w. Sixth st.
j~fOR SALE-7 room house, cistern ant
well, barn, 2 lots. 1912 Lincoln, 81, 75i
cash. Inquire at 1715 Clay st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

LOOK HERE
Contractors and farmers, and those who
hire help, see me. If you want Job SEE
me. If you want to buy, sell or trade
real estate, live stock or merchandise see
me. C. L. Sayfer, Real Estate and En-.
ployment Agency, 521 North Kansas ave
Bell phone 1878.
The Julesburg grit-advocate., 1908-12-25
GENERAL NEWS.

The American Atlantic fleet sailed
from Colombo, Ceylon, on the morning
of the 18th inst. on its way to Suez.
The French steamer Porquoi Pas.
with DE-. Charcot's expedition on board,
sailed from Punta Arenas on the 18th
inst. in search of the South pole.
The date for the next national en-
campment of the Grand Army Of the
Republic has been announced by the
executive committee. 1t will be held
from August 9Th to 14th in Salt Lake
City.
Donald G. Mitchell. eighty-four years
old, the we'll known author who wrote
under the nom de plume ELK Marvel"
died at his home, "Marvelwood." In
Bdgewood, \ suburb Of New Haven.
Conn, on the 18th inst.
The fire loss in the United States
for the month of November was $15,-
S34, $50, which is less than the losses
for the same month in either 1906 or
1907.
At LIE Mans, France, on the 18TH
inst, Wilbur Wright. in his aeroplane,
flew to q height of $50 feet in strong
wind, winning the Sarathe Aero clubs
prize for height.
More than $5.000,0 900 in money or
ders was sent to foreign countries
through the port of New York between
Dec. End and Dec. 10th, when the last
of the Christmas money remittance
'shtps sailed.
The Julesburg grit-advocate., 1908-12-25

Vice Admiral Ceryera OF Spain, oas
of the captured officers Of the Spanish
fleet during the recent var. has been
retired from the active list of the navy,
at his own request on account Of fail
ing health.
At New York Sunday night Presi-
dent-elect Taft declared that not only
will he go to Panama in January to in
spect the canal. but he will 60 there
every year he is In once IL his duties
will permit it. '.f
Report has it in Thomsonvilie. Con-
necticut. the manufacturing town
where Theodore Roosevelt. Jr.. is en-
ployei in carpet factory. that the
Presidents son is scheduled for place
in the Connecticut Assembly at the
next election.
American citizenship was denied to
EeymuniO Diano. a Filipino. by Fed
eral Judge Thompson At Cincinnati.
Diano VAS barred because of the con-
stitutiOaal provision that only free
born whites or persons Of African de-
scent may become citizens.
Gen. William Booth, commander-in-
chief Of the Salvation Army. was op-
Grated on At london few days since
for cataract. The doctors are hopeful
that he will completely recover his
sight. II Is hoped that the operation
will restore his vision and improve
his fast-failing health.
On the many million dollars worth of
buildings owned by the United States
government In the Panama canal zone
not one cent Of insurance is carried.
The government has spent S10,250. 900
In buildings In the zone. which amount
takes no account of the value of tbs
buildings purchased from the French.
both In the canal zone and the republic
Of Panama. nor value of the property
In all the buildings. including the large
amount OF stores.
The Julesburg grit-advocate., 1908-12-25
Terrible snowsIids Experience.

Denver.-A Crested Butte dis
patch says: Escaping one snowslide
to be caught in another which buried
him and swept his four horses to their
death in the gulch, Andrew Mosher
was rescued from death by his dog.
only to be caught by third slide and
buried a second time several feet deep
under the white terror of the noun
tains and was again dug out by his
faithful dog.
Mosher and w. F. Stockman start
ed from Gothic with supplies for the
Mountain King mine, six miles distant.
They had gone four miles when the
first slide swept over the trail so close
that they were showered with white
spray and fragments OF debris which
swirled under the cliff that protected
them. Stockman turned back but Mo-
sher continued toward the mine and
was caught by the other two slides He
was severely injured, but managed to
reach the mine.
Stockman was found frozen nearly
to death and injured by his battle with
the elements. Both men were out
three nights. and their escape from
death is considered most remarkable.
The Julesburg grit-advocate., 1908-12-25
Tn Geaat Poe.


The late Charles Eliot Norton"
said . Bostonian. used humorously
TO deplore the modern youths prefer
ence Of Drawn to brain.
He used to tell of . football game
~ once witnessed. Princeton had .
splendid player in-Pe-you will rs-
member little POe?-and Prof. Nor
o0n. thinking Of The Raven and An
nabel Lee said to the lad at his
side:
"'He plays we'll. that Poe
"'Doesn't he? the youth cried.
ais he.' said Prof. Norton. any -.
lation to the great Poe?
ANY relation said the youth
frowning. Why. he 10 the great
Poe"
The Julesburg grit-advocate., 1908-12-25

0gArI ov ONO Clfy op TOLEDO
LUCAS COUNTY. S.
FRANK J. CHENEY makes oath that b. b sIa1o
Daftner OF tho nrm Of Y. J. CHENEY Co.. doing
business fn the City Of Toledo County and stats
aforesah. and that aaid nrm will pay the II
ONE HUNDRED DOLLARS for each and every
GAee Of CArAkkH that cannot b cured By tAe -
uAILs CArARkn CURE.
FRANK J. CHENEY.
eworn before and subscribed in my pfns0sA
~ Sth day Of December. A. D.. 1885.
A. W. GLEASON.
NOTARY PUDlSc.
Halls Catarh Cure b taken internally aad aess
directly upon the blOOd and mucous surfaces Of tho
system. Send for testimonials. free.
r. CHENEY 4 CO.. ToJsda O
ood by ali Dfuagista. 75c.
Take Halls Family Pills for eonstipatioa
The Julesburg grit-advocate., 1908-12-25
Good Eye.

Mltchells Eye Salve was first com
pounded in 1s4s by DR.. Mitchell. .
noted eye specialist Of Missouri. 1t IL
Q clean, white odorless salve with won.
derful curative properties. Simply ap
ply to the eye lids, that's all. Sold
everywhere. Price 25 cents.
The Julesburg grit-advocate., 1908-12-25
Hill vs.. Hartman.

ticle says: BY securing the 2,25O
miles of the Colorado & Southern sys-
TEN, Mr.. Hill has not only swelled
the total Of the lines controlled by
him to nearly $4,000 miles, but by Sc
curing the long-distance outlet to the
Gulf of Mexico and completing his
route from the far Northwest to Gal
weston he has invaded HIS rivals ter
ritory Just as Hartman has persist
emily strengthened his own position
by pushing out new lines into the
Northwest"
The Julesburg grit-advocate., 1908-12-25
Sympathetic Envy.

You seem to speak Of birds with
sort Of sympathetic envy" said the
court odcial.
YES" answered the poet laureate:
II do envy the birds. You see, there
are certain seasons Of the year when
they are protected by the game laws
from ruthless attack"