davidaulloa/AmericanStories huggingface dataset:
The Detroit times., 1908-11-28
FOUR ADDITIONAL
COUNTIES ARE
GUARANTEED
BAN PLACED ON LIVE STOCK IN
MAcoMB, OAKLAND, WASH
TENAW AND MoNRoE-sLAuoH.
TER OF CATTLE CONTINUES.

A quarantine on live stock In four
counties adjacent to Wayne has been
ordered by the state live stock sani-
tary commission. the provisions being
somewhat less stringent than for this
county, however Macomb, Oakland,
Washtenaw and Monroe counties are
affected, and the movement OF cattle
out OF those counties Is forbidden. This
Is merely a precautionary measure,
taken temporarily, to make sure OF
checking the spread OF the foot and
mouth disease.
The killing of condemned cattle will
hardly be finished Saturday. Friday
AZ head of cattle and IS swine were
killed. The total appraisal value OF
the live stock killed is Salts. Ira
Wilson is the only one who Is protest
ing against the price offered by the
government experts. They have placed
q value OF SIG each on his 20 beasts.
The work Of slaughter on the farms
Of Robert Bredin. Charles Hirschleib
and Edward Pankow attracted crowd
Of farmers, who were, however. sept
back by the inspectors. EveIy pre-
caution was taken to prevnt tn, germs
OF the disease being spread. Alter the
killing, the barns were disinfected and
the inspectors washed their clothes In
pungent solution of formaiin and car
bolic acid.
DR.. Louis X. Green and DR.. Fl. V.
Smith are in charge OF the DetroAt
stock yards, while DR.. Mullowney, Of
Boston, is in charge of the killing Of
animals In Livonia. with Drs. Spar
hawk and Hyde as assistants. Drs.
r. K. Noyes, of Nashville. and p. ].
Cass, of Milwaukee, and w. ]. Adams.
OF Chicago. are here to assist the local
officers. Drs. Eichorn and Durfee. In
charge OF the scouting work on farms
In the vicinity OF Lvonia, have discov
cred no additional cases.
The Detroit times., 1908-11-28
ASK THAT RESTRICTIONS
ON HA YBE AMENDED

SAGINAW, Mich, Nov. 2S.-Import-
ant interests In the hay industry have
started a movement to have the fed
eral authorities amend conditions
caused by the quarantine of Michigan
due to the foot and mouth disease
among cattle. The hay dealers say
that Michigan's interstate hay bust
ness involves outward shipments OF
upwards OF 100000 tons of the 1908
crop, valued at s1o,000,000. This is
needlessly jeopardized, they say. by
Secretary Wilson's restrictions upon
this traffic. Representatives OF the
Michigan Hay Dealers Association
have gone to Detroit to take up the
matter with the federal authorities.
The Detroit times., 1908-11-28
Seeks Revenge by
Firing Three Times
Af THE u. S. Flag

SUPERIOR, Wis. Nov. 2S.-Resent-
ing the action of the postofiice depart
ment which, he alleges, opened his
mail, George NJ. Marter fred three
charges Of buckshot into the federal
building flag. Marter was arrested
and held pending an investigation on
the quest. of his sanity. He was
seen to- take deliberate aim and fire
three times
The Detroit times., 1908-11-28
BlEEOS TO DEATH.

MANISTEE. @NIich., Nov 2S.-
Charley kempf. bartender, bled To
death when n varicose vein burst be.
low his knee. He lost over two pail.
fuls OF blood before a doctor could
reach the place. Kempf wasN35 years
old and was formerly an athlete and
wrestler.
The Detroit times., 1908-11-28
100 PERSONS ARE
PROBABLY LOST

MANILA, Nov. 28.--One hundred
persons. the crew and passengers OF
the steamer Pointing, enroute from
Narvacan to the rice fields In Pan
eastman province, are believed to have
drowned when the vessel struck
rock and sank last night during
storm of the town OF San Fernando,
in Union province. Fifty-fve persons
were rescued by the steamer Vigcays.
II is OF known IL any Americans or
Europeans were aboard. The ship
carried mostly laborers.
The Detroit times., 1908-11-28
Pursues Husband for 1000 Miles and Has
Him Arrested in Front of Chicago Postoffice

behind pillar and placed Harper un-
der arrest. The wife had sworn out
warrant several days, charging wife
abandonment, and before Harper
could realize what happened, he was
I'm cell al the Harrison-st station.
The prisoner is 29 years old. He
was special policeman In New YORK
when he married his wife last March.
After two months Harper. the wife al
Ieges. ran away with $500 OF her
money which she gave him to invest.
Two weeks ago the wife learned
that he was In Milwaukee. She came
wost. only to find that he had fed
from the Wisconsin city the day be-
rOre
The Detroit times., 1908-11-28
WOMAN is WAYLAID;
NEGRO is IDENTIFIED

PITTSBURG, Pa, Nov. 2S.-Attack'
ed by Negro in Francis-st. shortly
before 8 o'clock last night, Mrs. Mar,
garet Jones. OF No 1920 Center-ave.,
was carried into vacant lot, where
she was choked and attacked. After
removing several rings from the wom'
ans fingers, the Negro cast them aside,
fearing they would be found on him,
and fed, leaving his victim uncon
scious.
John Fields, a Negro, 2s years old
was arrested q few minutes later by
Capt. John Dean and Lieut. Thomas
Carroll. He was identified by Mrs.
Jones.
The Detroit times., 1908-11-28
$4,000 for Charity.

GRAND RAPIDS. Mich, Nov Is
The children's home. erected by ID. A.
Blodgett. his father, has been given
$4,000 in bonds of the Gulf Lumber
Co. by John W. Blodgett. The bonds
bear per cent interest annually and
the income goes TO the home perpet-
ually. Senator Burrows will dedicate
the building Saturday.
The Detroit times., 1908-11-28
Rummaqe Sale for Charity.

The Ladies' West Warren associa
ton will hole a rummage sale Friday
and Saturday. Dec. 4 and 5, In the
building at st. Antoine and Benton
SITS. The proceeds go to charity
Donations of clothing. millinery, furri
ture, etc. will be received at the fol
lowing homes: Mrs. j II. Sanderson
No. 1883 Warren-ave. west: Mrs. c.
Bloom. No. % Biddle-st.; Mrs Steele
No. eli Roosevelt-ave.. and Mrs Say
res. No. - McArthur.pl
The Detroit times., 1908-11-28
REPORTED SETTLEMENT.

MONROE, Mich, Nov. est is re-
ported here that Frank H. Scott. the
Ypsilanti dancing teacher. who said
he was injured by falling OF the
bleachers on Ferry field during the
Michigan Wisconsin football game In
1904, has settled with the University
Of Michigan Athletic association for
900 He sued for $4,000
The Detroit times., 1908-11-28
CON.CON REUNION.

LANSING. Mich. Nov. 2S.-Dec. II
has been named for a reunion OF the
delegates TO the constitutional conven-
ton and the main officers of that gath.
ering. The reunion will be held In the
morning and a social session and ban.
quet will be held at the Hotel Downey
In the evening
The Detroit times., 1908-11-28
"Winchester," Sheridan's
Famous Charger, Once Trod
The Streets of Port Huron

PORT HURON. Mich Nov. 2s.-
The famous charger, Winchester. that
Gen. Phil Sheridan rode from Win
chester al breakneck speed L. the at
tleheld at Cedar Creek, 20 miles
away, on Oct. 19, 1864. and rallying
the panic stricken forces, turned de-
feat into 4 brilliant victory, which
event was immortalized by +. Buchan-
an Reads thrilling poem, Winchester
Twenty Miles Away" was bred in st.
Clair county. The horse was from
Black Hawk stock and his first owner
was A. T. Sexton, of this city. He
sold the colt TO Russell Leonard, OF
Burtchville. Capt. Campbell, who
was then on his way TO the front,
drove to Burtchvllle, looked at the
colt and was greatly pleased with the
animal
The captain returned 10 Port Huron
and instructed Ed. J.. lnslee, OF this
city with the duty OF making the pur-
chase If Mr.. Inslee thought the animal
was thoroughly sound and strong, The
horse was brought to the corner OF
Military and Pine-sts. and Mr.. Inslee
then proceeded TO put him through
severe test. He placed two men OH
the horses back and had them run
him up PineSt. 10 Tenth and back
at breakneck speed. The horse came
back strong and without culver.
Then another man mounted the ami
NAL and again put him TO the test
He showed no sign of fatigue.
Mr. Inslee and the late Horny Kings
ley then shipped the beautiful animal
TO Capt. Campbell, at Grand Rapids.
The purchase price was SITS. The
horse was afterwards purchased from
Capt Campbell by the officers OF the
Second Michigan Cavalry and present
I'd TO Sheridan, who rode the animal
from that date. early in 1862, in forty
two engagements IN which he part!ci-
pated until the close OF the war. The
horse died I'm 1878 and Gen Sheridan
had him mounted by noted taxiderm-
lst, placed in a huge glass case and
presented him to the Military Serv-
ice Institute, museum, at Governors
island. where Winchester now stands
as fine example OF the taxidermfstis
skill. having the same commanding
bearing. pOiso OF head and graceful
arch OF neck that characterized him
in life.
-------
Nothing Will so quickly restore and
build up weakened system as Strohs
Malt Extract. Phone Main Si6 for
The Detroit times., 1908-11-28
Has Rouah VOYAGE.

HOLLAND, Mich. Nov. 2s.-The
barge Topeka had a narrow escape
from laundering during Fridays gale
on Lake Michigan. The boat has
crew of nine men. II started from
Fort Washington, Lake Huron. TO st.
Joseph, loaded with crushed rock. The
boat was tossed about by the waves
near her and was saved only by the
heroic work of the crew.
The Detroit times., 1908-11-28
License Bill Killed.

LONDON, Nov. 2S.-The house OF
lords last night rejected the licensing
bill by vote OF 272 To SO. The Lib
erals probably will renew their cam
paign with increased vigor. They
claim the house of lords has defeated
the will of the people. The Conserva-
tives, however. say the bill Is the
most unpopular measure in many
wears
The Detroit times., 1908-11-28
POSTPONE ACTION.

LANSING. Mich. Nov 2s.-The
state house clerks have postponed
until the arrival of Atty.-Gen. Bird.
rext week, their plan to get a man
damus from the supreme court TO
compel Auditor-General Bradley to
issue warrants for salaries.
The Detroit times., 1908-11-28
REFUSED MONEY, HE
KILLS TWO IN FAMILY

NEW YORK. Nov. 28.-Because ne
was refused money, VIM. Kallebraun,
of Jersey City. last night shot and
killed his brother, Leo. and his aged
mother, Mrs. Victoria Kallebrun. La
ter, Kallebrun was arrested and said
he was dazed at the time or the
tragedy.
The Detroit times., 1908-11-28
THE WEATHER.

Detroit aud vicinityi saturday night
aud sunday. cloudy with showers;
moderate temp nature; light variable
winds, mostly south tn east.
Lower Michigapi Partly cloudy with
possibly showers late tonight or Sum
day; moderate temperature.
The Detroit times., 1908-11-28
SHIPS EOR CHINA.

WASHINGTON. Nov. 2S.--Two Of
the ships OF the American feet have
been ordered TO the Yang.Tse river.
China. to safeguard American inter
ests.
The Detroit times., 1908-11-28

BusIne.s-IIke Printing. 40 fuss and
no feathers The plain. neat kind. that
looks right. Times Printing CO., IL
John R-st. Phone lies.
The Detroit times., 1908-11-28
Burns Hotel Cate.
Table d'hote dinners 6 TO 8. SOC.

Sober second thoughts are always
best for a topper.
The Detroit times., 1908-11-28

Nothing will 80 quickly restore and
build up weakened system as Strohs
Malt Extract. Phone Main 3l6 for
dozen bottles. Also az druggists.
Alexander. Umbrellas. 20 Monro~
The Detroit times., 1908-11-28

Frank II. Hitchcock. who directed
the campaign of Judge Taft during
the recent campaign, was the recipient
Of congratulations from his many
friends when he reached Washington
from New York. II is considered here
that the appointment of postmaster
general was well earned by Mr. Hitch.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
LEGAL.

after that day in which to redeem.
8. Such a tax deed, although void on
its face as a conveyance vests IN the
grantee the lien for taxes.
f. After three years from the day of
sale have elapsed and the tax deed has
been executed a tender to the county
treasurer of the amount necessary to re-
deem the land is unavailing to prevent the
grantee from taking out a second deed to
correct defects in the first one.
5. The clause in the statutory form for
a tax deed relating to the payment of sub
sequent taxes by the purchaser should be
inserted in a deed based upon a sale to
the county and an assignment of the GER
tificate only when the purchaser has paid
taxes subsequent to the assignment of the
certificate.
g. A tax deed which recites sale to the
county and an assignment of the tax sale
certificate need not give separate state
ment of the amount of taxes for each
year, if there be more than one, which
make up the consideration for the assign
ment. The statutory form merely requires
that a gross sum, which equals the
amount necessary to redeem, be stated.
Z. If the recitals of tax deed which has
been of record less than five years do not
themselves imDeach it's validity evidence
is necessary to overthrow it. An assump-
ton of something which may or may not
be true will not be INDUCED to defeat it.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
10 ISeall C Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
LEGAL.

court decided the case upon 4 certain the
Dry of law applied to certain specific
b facts found which were decisive of its
judgment
2. Where Intoxicating liquors. and other
property are seized, upon a warrant is
sued upon the provisions of section 2494,
the officer who served the warrant pend
ing hearing under section PASS, i'd, the
plevin against the officer to recover the
possession Of such property The property
is in the custody of the law and must
there; remain until final action is had
upon the complaint upon which the seiz-
ure was made. eel
ALI the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
[Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
LEGAL.


negligentIy done to the injury OF another.
2. A railroad company let a contract, 70
another to burn fire guard along. its
right of way. Through the negligence OF
the contractor the fire escaped his control
and damaged the property of the pam
tiff. - = :
Held. (a1 that the work was performed
as part of the operation of the railroad.
and that the railroad company coufd not
by delegating the work to an-independels
contractor avoid the liability placed Upon
it by statute. Gen. Stat 1901 sec. oszo;p
OBJ That the work being or enaIactel
from which III the natural course NJ tnlnss
injurious consequences to. others might De
expected to result unless means We're
adopted to preevnt such consequences,
the railroad company was bound to see
that measures were taken to prevent Such
injury, and could not avoid the onllgd-
ton by letting the work to an independ-
ent contractor.
All the Justices concurring.
Attest: D. A. VALENTINE,
ISeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14

No. 1904
The Salina Implement and Seed Company
W. E. Haley.
Error from Ottawa County.
AFFIRMED.
Syllabus. BY the Court. Johnston, C. j.
l. What is reasonable time within
which a purchaser should return ma
chine, sold to him on condition that he
can return it if it does not meet the war
ranty and work satisfactory. is ordinarily
a question for the jury where there is
conflicting testimony on the proposition.
While such purchaser, in order to re
sc1nd, is required to return the machine
with reasonable promptness, after giving
1t fair test and learning of it's defects,
the seller is not in a position to insist that
there was unreasonable delay where the
purchaser was induced to keep the ma
chine for a time by assurances of the
seller that he would put it in working
order and by his attempts to do so If
the machine is promptly returned after
the last Intellectual attempt of the seller
to make it work satisfactorily.
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14

No. 1922.
The Board of County Commissioners of
the County of Cheyenne
VS..
The Board of County Commissioners of
the County of Norton.
Error from Cheyenne County
REVERSED.
Syllabus. By the Court. Smith j.
l. In criminal case tried in a county
to which a change of venue was granted
and in which the court, IN its discretion
sequestrated the jury from the time 1t
was impapeled until its duties were conf
jury cases were tried, the fees of jurors
and of officers summoning the jury and
all the necessary expenses incident to the
seQuestration must be horne by the coun-
ty where the action was instituted.
2. Where in such case the board of
county commissioners, of the county in
which the trial was had, have audited,
allowed and paid such fees and exepnses.
it may maintain action against the
other county to recover such proper ex-
penditures.
g. Although in such case officer is en-
titled to no fees for summoning jurors I'M
less he return on the venire the amount of
his fees and the items thereof. still if it be
admitted as between the counties. that
no such return was made but that the
services were in fact rendered and the
fees allowed were correct in amount, and
were paid to the officer, recovery thereof
may be had.
Ali the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE.
TSeaIJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
No. 1917. =
C. o. F. Brown, Cashier,

No. 1917.
C. o. F. Brown, Cashier,
VS..
z. Baxter, ct al.
Error from Marion County. ,e,-.
AFFIRMED.
Syllabus BY the Court. Graves j.
l. The equitable title to the personal es-
tate of an intestate deseends at once to his
heirs at law subject only to the debts of
the defendant. The legal title to the estate
passes to the administrator, when appoint
ed. for the purpose of enabling him to pay
the debts due from the estate.
2. No administration of the personal es-
tate of an intestate is necessary when
there are no creditors The heirs in such
case may divide the assets of the estate
among themselves in kind or otherwise
by mutual agreement. When so divided
each will become the owner in Severalty
of the portion so received
3. Where no administrator has been APP
pointed the claim of creditor will be-
come barred by limitation at the end of
three years after the last date at which
an administrator might have been APP
pointed.
4. The statutes of another state cannot
be .cocnsidered in this court upon review
of case unless they have been esta b.
lished as facts in the trial court and pre-
served in the record. e7.e.-l ~
5. Certificates of authentica ton examin-
ed and found to be sufficient under the
statutes of the United States. ~. =
All the Justices eoncurring.
A true copy.
Attest: D. A. VALENTINE, a,
lSeal-1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
No. 1852
L. T Martin and Ella H. Martin
Elem K. Hoffman.

Elem K Hoffman.
Error from Phillips County.
AFFIRMED.
Syllabus. BY the Court Benson, j
1. A general finding in favor of either
party g finding in his favor of all facts
necessary to constitute his calm.
2. The evidence upon which a finding is
made cannot be reviewed in this court:
except so far as may be necessary to de-
termine whether there was competent
evidence sufficient to support the finding.
: g. 1t is a general rule that where wit
ness has identified letter introduced on
the trial. as his writing. 1t is not proper
to ask whether statements such as coun-
sci may suggest are contained in 1t, the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
No. 1880.
Ed NICHOLSON
John NJ. Dial.
Error from Riley County.

AFFIRMED.
Syllabus. BY the Court. Graves, j.
l. A mere special agent will not be pre-
sumed to have authority to take, in MS
own name, and negotiate a promissory
note for money due, or to become DUE 10
his principal.
2. Where an action is commenced by the
holder of a promissory note, CHARMING 10
be an innocent purchaser thereof, VINO, IN
stead of resting upon the prima facie erect
of the note, presents the payee Thereon as
q witness to establish his ownership Of
ness Will be subject to cross examination
aS in other cases
8. Where, in such a case the Dayee tes-
titles that his authority to take and ne
sEotiate the note is contained in a cantract
with his principal, outside statements or
such authority should be rejected when
objection to their admission is properly
made.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
fSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
No. 1885 @ :
Harry Greentree
G. w. Wallace. Sheriff.

G. w. Wallace, Sheriff
Error from Mitchell County r
: AFFIRMED. 80
Syllabus. BY the Court Smith i
/. A motion to dismiss an error proceed
ing in this court will not be sustained for
the reason that the evidence is not brought
up to show there was not an entire fail
ure of proof Of some other fact essential
to appellants recovery below, where it
appears from the record that the lower
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
No. 1881.
John H. Lynds

vs.
Tremain r. Van Valkenburgh, ct al
REVERSED.
Error from Atchison County.
Syllabus. By the Court. Burch, j.
J. The consideration for certain promis-
sorry notes secured by a mortgage on land
in Kansas was that the payee should as
sumo the payment of certain notes secur-
ed by real estate mortgages on land IN
Nebraska which was conveyed to the
payee. The payee sold and Endorsed the
kansas notes to th rh person Ee, n,e Wno
ed failure of consideration in that the
payee had not paid the Nebraska notes
The court found that the tndorsee was
not an innocent purchaser and knew at
the time he took the Kansas notes the
maker claimed a defense to them on &C
count of the failure of consideration de-
scribed. 1t made no finding that at the
time of the Endorsement the information
of the indorsee extended to any defense
of failure of consideration upon any other
ground. Held, the contract. the pleading
and the finding all forbid that judgment
in favor of the indorsee should be denied
for a failure of consideration in respect to
any matter other than the one stated
was not required to prove that he or the
payee of the Kansas notes paid any OF the
Nebraska notes or discharged any of the
Nebraska mortgages The burden of prov
ing the failure of consideration pleaded
rested upon the defendant.
notes had been paid but that the evidence
did not disclose by whom the payment
had been made. Held, the was
entitled to judgment on the findings. The
word paid means, prfma facie, that the
obligations have been satisfied and the
demands extinguished; and If the oblfgors
on the Nebraska paper still rest under la
bility upon it the defendant should have
established the fact.
4. The court concluded as a matter of
law that the plaintiff would be entitled
to judgment If he produced in court and
delivered to the defendant the Nebraska
notes paid and the Nebraska mortgages
cancelled. Held, error. The contract of
the Nebraska paper paid and cancelled
to the defendant and whoever paid the
notes and satisfied the mortgages was en-
titled to the possession of them.
5. Following the return of the finding of
fact and conclusion of law referred to the
plaintiff undertook to account for the Ne
braska notes and mortgages. He produced
and rendered one note cancelled and the
mortgage securing 1t released of record.
One note and the mortgage securing it
and the mortgage securing it had been
delivered to n grantee of the land af-
fected who desired to retain it. The re-
naming note ard the mortgage securing
based upon them and had been filed with
the papers in the case by the clerk Of the
court, but the note was missing All the
notes not produced had been paid under
circumstances indicating an extinguish-
ment of liability upon them and the mort
There was no evidence of circums tances
indicating that any right of equitable as
signment or of subrogation existed or
might arise. Held, the plaintiff was en-
titled to judgment
All the Justices conourring.
A true copy.
Attest: D. A. VALENTINE
lSeal1 Clerk Supreme Court.