davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-11-26

things in our national life that fill the
heart OF the t8patiiotic citizen with
| misgivings. Crimes of violence are
too frequent. Sins against the home
are too common. Neglect to perform
civic duties in the spirit Of righteous
ness is seen in the acknowledgement Of
public. affairs in many instances, ana
breach of trust on the part Of otficials
The lack of tolerance and charity is
often apparent where those qualities
should be found in abundance. But
notwithstanding all there lis an awake
ening to better understanding Of the
duties imposed by the reception of
blessings, and the people are demand
ing purer moral atmosphere.
This is boost weather for dry farm
ing.
Does The Barber of Seville use
safety razor?
Dornado had run for his money,
but ho got it,
VIII President-elect Taft's spear
know any brother
Everybody talks shopping IL not shop
just before the holidays.
The road to wealth-the road to the
mines and the beet fields.
rr&t. = 81
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
WON BY BABy'S COO.
Harper Nfauck-D Vance Case Results
in Reconciliation OF Parents.

Topeka came very near having a
kind of incubator baby case this week,
but the clouds have lifted and the lit
tie ones chubby hands now pull!
equally at two heartstrings where be-
fore one parent was desolate.
The trouble over the possession of
Baby Harper first became public prop
erty when Mary F. Devance and Viola
Mauck. both of North Topeka, appear
ed before the city council Monday
night with a sworn statement in which
they alleged that Mrs. G. w. Harper.
accompanied by two police officers
and Humane Officer Kilmaurs King,
appeared at the Mauck home on North
into the house, took the Harper baby
from Mrs. Mauck and Mrs. DeVance.
That Mr.. and Mrs. Harper were forced
to leave their home in North Topeka
on account of the flood and went to the
home of Harper's sister, Mrs. Mauck.
That Mrs. Harper, without cause, left
this place and her baby and household
goods and husband and went elsewhere
to live. That in regaining possession
of the child the officers used profane
language and were unnecessarily vio-
lent in their treatment of the ladies or
the house.
The other side of the case was start
ling in its extreme contrast with the
above statements. Mrs. Harper had
Mrs. Mauck and Mrs. DeVance arrest
ed Tuesday on charge of assault. She
alleges that these women a<nulted her
and drove her forth from her home
and baby and that she appealed to the
officers for assistance in regaining her
child, which is only nine months old.
That no unnecessary force or -profane
language was used by the officers at
the Mauck home.
The case reached a climax in police
court today when the charges against
Humane Officer King were withdrawn
and all legal prosecution on both sides
dropped. The baby, big tow-headed.
blue-eyed boy with laugh as sweet as
the ripple Of fountain in a rose gar
den, appeared in court himself and
moulded principals, witnesses, lawyers
and judge to his will, which was loud
demand for both father and mother
The case was compromised and the
parents left the court room together in
peace. taking the baby with them.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. Is. $50.
Henry Beardsley and c. ]. White

Henry Beardsley and G. j. White
VS..
The Kansas Natural Gas Company. ct al.
Error from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Graves. j.
I. The statute limiting the right of re-
view in this court. to civil actions. where
the amount in controversy exceeds the
sum of one hundred dollars, was repealed
by chapter 256. laws of 1907, and that linn
itation now applies only to civil actions
for the recovery of money.
9. A certificate to transcript of the
record by the clerk of the district court,
or certificate by the district judge TO a
case made, will be deemed sufficient If in
the form prescribed by the rules of this
court
3. In an action by the lessees. in an oil
and gas lease, for a partition of their in
terests Hereunder. the lessers are not
necessary parties.
4. The provisions of the statute relat-
ing to partition apply to real estate only.
5. An ordinary oil and gas lease does
not convey an interest in real estate. or
any present title to the oil and gas which
may be in the leased premises: it merely
grants the privilege of exploring for gas
and oil. and the right to sever the same
IL found.
s. A petition in an action for the parti-
ton of property other than real estate,
will be deemed insufficient unless it con-
tains averments which show the condi-
ton of the property to be such than eQui-
table Intervention is necessary to preserve
the property. or to protect the interests OF
the owners thereof.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
WHY WATER Is RILED.
Not Due to Break in Mains But to
Flushing.

II your city water is riley and
dirty it is not caused by another break
in the driven well points-just lay the
blame to the flushing out of the mains
which is going on all over the city
today.
Some portions of the city complain
ed because the water was turbid at
noon after it was clear this morning.
They feared another break.
Everything is going along finely.
There is no break That condition of
the water is probably caused by the
flushing" said Jesse Shaw, superin-
tendent of the waterworks depart
ment.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
LEGAL.

sought. and. Interpreted with the resolu-
ton embodied therein, conclusively evil
abandon and sever all its Connection with
me enterprise known as the De Boisiere
Odd Fellows Orphans Home
"A party to an executory contra ct
Tor the building up and maintaining of an
eieemosynary institution who repudiates
M ms conlract Ior a portion of the MAIN
writing sewers all his connection there
With cannot, after the enterprise has
failed. recover from the other marty to
the contract. or from the property bene-
lifted by his investment the money he has
invested in the enterprise
A reply which alleges facts in con-
tradictioni of the facts set forth in the
petition, upon which the PLAINTIFFS right
OF recovery depends, constitutes a de-
Benson, j., not sitting
All the Justices conCurrinz
A true copy.
Attest: D. A. VALENTINE
tSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
LEGAL,

The foreman was spoken to by the
PLAINTIFF about the defect, and was told
man stated that he intended to repair 1t.
but they would use it without, for the
present. At this time the plaintiff did
not REGARD the defect as DANGEROUS, and
his only purpose in calling the foreman's
attention to it was that. If repaired. the
car could be handled more conveniently
In their work. Some days afterwards.
the plaintiff was thrown from the car
and injured. The injury was due to the
defective brakes. Hold that the plaintiff
having waived the defect and assumed
the risk. the railroad company Is not
liable in an action for damages for such
injuries.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08

Longest Continuous Double Track Ry
under one management is the Grand
Trunk Railway System from Chicago
to Montreal and to Niagara Falls. The
Grand Trunk-Lehigh Valley double
track route via Niagara Falls reaches
from Chicago to New York
Descriptive literature. time tables,
etc., will be mailed free on applica-
ton to Geo. w. vaux, A. G. p. & T. A.,
Grand Trunk Railway System, 1855
Adams ST., Chicago. I'll.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. 10, 3Ss.
George w. Hunley
]. Melvin Adams, ct al.

j. Melvin Adams, ct al.
Error from Rush county.
AFFIRMED
Syllabus. BY the Court Smith. J..
Where the record OF a judgment of a
district court differs In its recitals from
the recitals made in a case-made which is
certified by the judge of the court for the
purpose of an appeal to the supreme
court and the matter of contradiction Is
thereafter brought to the attention of the
court on a motion to correct the 5udg-
ment and the court upon the hearing of
such motion refuses the same and re-
affirme the correctness of the judg-
ment, Held. that the record Of the 1udg-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08

EDWARD Henschell, by his next friend
Julia Henschell
Inc Union Pacific Railway Company.
Error from Wyandotte County Court of
Common Pleas.
AFFIRMED.
syllabus. BY the Court. Mason J.
/. The fact that the clerk of the trial
court In preparing the transcript of the
record attached to the petition in error
Incorporated therein a part of the orig
mai files in the case instead of comics is
not a ground for dismissing the proceed
ings in error.
(sec. 4, chapter $780, laws of 1900 that
AL. .....cog gearing used in a manufac-
turing establishment shall, where prac-
ticable. be properly and safely guarded,
for the purpose of preventing inju Jury
to the persons employed. in any such
establishment contemplates that such
gearing shall be screend enclosed or
covered-that is, that a barrier of some
sort shall be interposed to keep the en-
ployees from coming in contact there
with; it does not require the remodeling
of machinery or the addition of any at
tachments excepting those of the char
acter indicated.
3. In an action under the portion of the
factory act above quoted Ii is ordinarily
incumbent upon the plaintiff to produce
evidence that it was practicable to guard
the machinery which occasioned the in
jury complained of.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE
lSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
u BUILDINGS BURNED.
Fire Loss Of 100000 at College
Point, Il. /.

New York, July s.-Two hotels and
20 cottages were destroyed by fire at
College Point. L. L.. this afternoon.
There was no loss OF life. The loss 10
estimated at 100000.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. Is. 62.
Margaret l.. Brady

Martha A. Fuller, ct al.
Error from Doniphan county.
REVERSED.
Syllabus. By the Court. Johnston, c. j.
/. An instrument in the form of deed
duly acknowledged and recorded which
in express terms does grant, bargain.
sell and convey land to a grantee and
which reserves from the land conveyed a
life estate in the grantor and following
this reservation is another of power In
the grantor Ito mortgage, cucumber. sell.
lease. convex. or otherwise dispose of
said real estate, and in the. habendum
clause is a recital and condition that Il
the said party of the second part shall
die before the death of the said party of
the first part then in that event the
estate hereby conveyed shall revert to
and vest in the said party Of the first
part just as If this deed had not been
made is not testamentary in character
but is deed which conveyed. a present
title to the grantee subject to life
estate in the grantor and 1t is further
held that the reservation in the grantor
of power to mortgage. cucumber. sell.
lease, or convey the real estate refers to
the control and disposition of the re-
served life estate.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08

No. 1855.
The Atchison, Topeka and Santa re
Railway Company
VS..
Lydia E. Burks.
Error from Neosho County.
REVERSED.
Syllabus BY the Court. Burch. j.
L An order for an inspection and copy
of documents made under section S6s OF
the code is renewable after judgment rs
an intermediate order involving the
merits
2. Such an order granted upon an un-
verified motion without proof of the ex,
istence of the described documents ana
possession or control of them by the ao-
verse party is erroneous
8. Matters of procedure under the
code section referred to discussed.
4. In an action against a railway cor
poration for damages for personal IN,
juries alleged to have been occasioned
by a defective coupling apparatus, reports
of its car inspectors concerning the con,
ditfon of the coupler, whether paseo
upon Investigations made before or after
the injury, cannot be received IN eVi-
dence as admissions by the defendant OF
the facts stated in the reports, unless
such reports have been adopted or pro-
mulgated in an authoritative way by
corporation by admissions.
5. Reports of the character described
duly received according to some regula-
ton or customary practice are admisSi-
BILE in evidence to prove notice 10 the
company of their contents.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. IS.
The State Of Kansas

p. S. Bradon.
Error from Montgomery County.
REVERSED.
Syllabus. BY the Court. Graves, J.
l. Under section 221 of the criminal
code, a defendant is not entitled to be dis
charged until after the end of three terms
from the time when the information is
filed. Time which passes prior to the fill
ing of an information can not be consid-
cred.
2 In a prosecution under section l,
chap 10S, laws 1901 a verdict. which finds
the defendant guilty of the crime of
grand larceny all as in manner and form
charged in the information" when the in
formation does not charge grand larceny,
contains no language intended to describe
that offense, does not state any act COM
mitted by the defendant nor the value of
the property disposed of. is void for I'M
certainty.
Johnston, c. j.. Burch. j., Smith, j.
Porter, J.. and Benson, j., concurring.
Mason. j., dissenting.
true copy.
Attest: d. A. VALENTINE,
lSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
LEGAL.

ment conclusively prevails as to the mat
ter in question.
Benson, J., not sitting.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
TvDHI
No. B,624.
w. j. Cow
NJ. A. Blackman. ct al.
Errar from Ora ham County

NJ. A. Blackman. ct al
Error from Graham County.
AFFIRMED.
Syllabus. By the Court. Mason, j.
A tax deed which was not assailed TOT
more than five years after being record
ed. omitted to state in terms in what
year the taxes accrued for which the
land was sold, the sale having been
made in 1895 Held, that this omission
was supplied by a recital that the total
consideration of the deed was made ur
of the taxes of 1894 and subsequent years,
1t being inferable therefrom that the sale
was made for the taxes of 1894.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. 1906.
Amanda H. Hollingsworth
VS..
George Colthurst.


Error from Cowley County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
A contract for the sale of land provided
that the vendor should furnish an alb
stract showing satisfactory title TO the
property. In an action against the vendee
for damages for his failure to perform it
was alleged that the vendor furnished an
abstract showing a good and sufficient
title. Held:
l. The vendee was the party to be sat
isfied
.. 1t was immateria1 that the title was
good If the vendee in good faith was not
satisfied with it,
3. In order to Withstand demurrer 1t
was essential that the petition either al
lege that the title was satisfactory TO the
vendee show that the vendee did not
act in good faith.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
tSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. Is, 654.
c. B. Hoffman

No. 1854.
c. B. Hoffman
Inc Farmers Cooperative Shipping As
Error from shaWnee COUNT County.
Syllabus. By the Court. Porter T
A company was chartered tn n,,rchas ~
sen. ship and handle grain, live stock and
Hib bn ia arr products products; Its bylaws pro-
rbar sgpecuiatlng In options on grain or
snV of farm products. and provided that
should be personally liable to the COM
pany i9r any damage resulting there
Irons from; In ma an action by the Company
manager, to hold him personally liable
IoI losses caused by his Speculation in
1aR sId. with the funds of the company.
~ A petition which sets I'D several
causes OF action which are all alleged to
Ienoant to perform his duties as man
ager OF the company is not subject to
oemurrer on the ground of misjoinder of
contract. 40 WIZ anu oii
q The following language of the by
laws s1"e, OF the company; 'or shall engage in
| or produce. taken with It's CONTEXT
means the making of contracts in which
~ me parties speculate in the rise and fall
90 Where it appears from the findings
, rnas the company under direction and
L
specuiat1ng In options on grain the real
question at issue is not whether the
transactions were illegal and void but
whether they were in violation of the by
Jaws and resulted in loss to the COMPANY
TOT which the defendant is liable
"a The fact that the board of di-
rectors knew that the defendant was
violating the bylaws and failed to take
any action to prevent him from SO doing.
| can not be held ratification by the com,
pany or his unlawful conduct The board
OF directors could not bind the associa-
tion by rattfyfng transactions which the
bylaws expressly prohibited, for the rea-
son that the bylaws furnished the rules
OF conduct for the officers of the associa-
aion and applied as well to the directors
as to the defendant
ool In such an action it is no defense
that some of the losses which accrued TO
ine company arose out of speculative
transactions which were made by the de-
lendant IN good faith and for what he
deemed the best interests of the company
Cb) Upon the findings showing the man
ner IN which the business of the company
was conducted and the necessity for the
employment OF an assistant general man
ager the court can not say as a matter OF
law that 1t was the duty of the defend
ant to know each day all that was done
| by his assistant.
All the justices concurrtnp
true copy.
Attest: D. A. VALENTINE,
ioeai'I Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. Is, $50.
The Missouri Pacific Railway Company

NO. 10, 800
The Missouri Pacific Railway Company
NJ. ]. Click and r. G. Click.
Error from Miami County
REVERSED.
Syllabus. BY the Court. Smith, ].
"A servant assumes the ordinary risks
OF his employment in cases where its dan
gers are open to common observation and
are FULLY known TO him to his employ
er, and where he is as capable of knowing
and measuring the dangers of such en-
ployment and is not induced to continue
in the work by any promise of better
ment or indemnity from his employer In
such a case the servant can not recover
from his employer damages for any injury
that may come to him in the course of
his employment" (Walker VS. Scott 81
Kan. S14. "a Pac. 6l5)
All the Justices concurring,
A true copy.
Attest: D. A. VALENTINE
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
No. Is, 63S.
c. H Kirshner


c. H. Kirshner
VS..
Frank ]. Brown. ct al.
Error from Shawnee county.
REVERSED.
Syllabus. By the Court. Mason. J.
under an agreement that he shall have
the exclusive agency for its sale and as
a. part OF his compensation for his ser
vices shall receive a percentage OF the
price IL 1t is sold. no matter by whom, a
contract executed by the owner granting
erty and retain all the proceeds over
certain price as a commission. does not
amount to a sale In such a sense as 10
entitle the original agent to the specified
percentage Of such price.
2 Where under the circumstances
original agent upon the execution by the
owner of the second contract treats his
own employment as ended, and sues at
once for such percentage, his case is not
|'aided by the fact that afterwards the
second agent finds a buyer for part OF
the owner the specified amount, and upon
the contamination of such deal receives
deed to the remainder of the property
as his commission.
5. Under such circumstances the matter
is not affected by the consideration that
therein named agrees to plat the lana
and offer it for sale in small tracts under
an agreement that whenever the fixed
amount is paid to the owner the unsold
portions shall be decided to him, he how
ever assuming no absolute obligation
All the Justices concurr1ng.
A true copy.
Attest: d. A. VALENTINE,
GSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
LEGAL.


therefor to be made upon receipt of the
same at the place of destination; that the
piaintin had delivered the coal to the rail-
way company on its cars to be transport
60 accordingly, and that the company re-
FUSED to deliver the coal to the con-
slgneess, but wrongfully confiscated and
converted II to its own use: that thirty
gays mad elapsed and the defendant had
Ialeu and refused to pay for the coal is
taken although duly demanded in writing,
ana prayed for judgment for the value of
me property. plus fifteen per centum of
the same for an attorneys fee; Held:
mat the action could be maintained
so stated
That upon an objection to evidence
under the petition the court committed
no error preJudicial to the defendant in
n nolding that the action should be pro-
ceeded with on the theory that it was a
SUI SUI ON an implied contract, and that the
measure OF recovery if the plaintiff
snouid show a. right to recover was rea-
sonaoie value of the property appro-
ton. ~ff
.. That certain statements of the de-
iendants fuel agent. objected to as be-
ing only an offer to compromise, were
competent as tending to show the use of
tne coal by the company and its liability
therefor.
All the justices concurring.
true copy.
ATTEST: D. A. VALENTINE
lSealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08
D. A. VALENTINE,
Clerk Supreme Court
No. $3.50.
Comfort H. Larimore

No. 1850.
Comfort H. Larimore
VS..
John c. Miller.
Error from Clay county.
REVERSED.
Syllabus. BY the Court. MASON, y.
i. The question of defect of parties
defendant cannot be raised by DE,
n1urrer to the plaintiffs evidence; and
whsre s,,ch a demurrer has been sus-
tained and this court on review is OF
the opinion that there was some , evi-
dence OF support all the essential ailega-
tions of the petition, the ruling Will pc
reversed, notwithstanding it may appear,
that a final Judgment for the plaintll,
could not rightfully have been rendered
without the bringing in of additional
parties. .,o,a IN
Q. The evidence examined ana helo 70
have some tendency to show the exist
ence of a water course.
All the Justices concurring.
A true copy. ~,r,>,r
Attest: D. A. VALENTINE,
fSeaIi Clerk Supreme Court