davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
- -7l-
LEGAL.
lPublished In The Topeka State Journal
Feb IL. 1861
HOUSE BILL NO "a.


AN ACT making appropriation for the
state Printing Plant.
Be 1T enacted by the Legislature OF the
State of Kansas:
SECTION / That the following sums.
are hereby appropriated out Of any money
In the state treasury not otherwise appro-
priated to pay for labor and printing and
binding stock for the state printing plant
for the remainder of the fiscal year end
ing June 30, 1905: For labor six thousand dol
lars C$6,000) and for printing and binding
stock two thousand dollars $4,000.
SEC. 2. This act shall take effect and
be in force from and after its publication
in the official state paper.
mated in the House. and passed that body
J. s. SIMMONS,
Speaker of the House.
c. H. BRILHART,
Chief Clerk of the House
Passed the, Senate January 30, 1908
W. ]. FITZGERALD,
President of the Senate.
w. S. KRETSINGER.
Secretary of the Senate.
E. w. HocH,
STATE OF KANSAS.
Office of the Secretary of State.
I. C. E. Denton, Secretary of State of the
state of Kansas, do hereby certify that the
the original enrolled bill now on file in
my office.
In testimony whereof I have hereunto
subscribed my name and affixed my offi-
cial SEAL this LIST day Of February. 1908.
ISeal.1 Secretary of State.
BY J.. T. BOTKIN.
Assistant Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

AN ACT to amend Sections 1, and 9. of
Chapter ISL, of the Session Laws of Kan
sas, of 1907: Granting the Board Of County
Commissionsrs. OF MaTTey county co marv
Jail building. and to dispose of the pro,
ceeds of sale: erect a new county jan
to levy an annual tax on all the taxable
property in the county, in payment there
for, and to repeal original Sections l.
Of fG Kansas e Isl s Of 1907 'i'' sS
Be it enacted by the Legislature of the
Section 1. That Section 1, Of Chapter Isl
Of the Session Laws Of Kansas; of 1907; be
amended to read as follows: Sec. ]. That
Harvey iha eSAf County, Kansas. are hereby a9;
thorized to sell the present county jan
building. Of said county, and to apply the
county jail building. in the erection and
equipment of a new county jail puiioing
and sherins residence combined; SAID
tom Kansas, on the tract of land now
owned by said county. and known as the
total cost of the erection and equipment
of said building shall not exceed the sum
Of thirty thousand dollars; proeiiddeo, Ina :
shall vote in favor thereof at the general
election held in 1905.
Sec q That Section of Chapter lsl. OF
/ the Session LAWS, of. Kansas, of 1907, be
amended to read as follows: Sec. q The
said board of county commissioners are
Of Of the the taxable property subject to taxa
ton in said county, to pay the expenses
Of the erection and equipment OF said
upon the dollar. shall be levied in any one
celandar year; the first levy snail De
made in the year 1so at the ms and
q levy shall be made each year thereafter,
until the amount required to erect and
taxes taxes levied under this act shall be kept
=" y = County seut jail Fund.
the Session Laws of Kansas. Of 1907. be
amended to read as follows: Sec. g. the
said board Of county commissioners Itr sna.
and commence the erection of said build
ing any time after January 1st. 1910, and
are hereby authorized to make any and
ali contracts requisite and proper, for
carrying out the provisions OF this act
h,it All such contracts shall be let accord
inrsto plans and specifications, and after
due notice has been given as now re-
quired in the letting OF contracts TOT pup
ser Original Sections l. 2 and 5. Of
CHAPTER ISL. Of the Session Laws Of Kan
sas OF 1871 S are a nsre sSaH Be- in fun force
and effect from and after Its publication
in the official state paper,
I hereby certify that the above bill orig
mated in the House. and passed that oody
January 70, 1sos eY,r,xoyr
e. II. BRILHART.
Chief Clerk of the House.
Passed the Senate January q. 1906;
w ]. FTTZGERALD,
= President of the Senate.
w s. KRETSINGER,
Secretary of the Senate.
/ E. w. HOCH,
Governor.
| STATE OF KANSAS.
| Office of the Secretary of State. .
I, G. E. Denton, Secretary Of State OF
1.-THE State Of Kansas. do hereby certify
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

At a meeting of the city council of the
city of Topeka Kansas, held February g.
1908. the following resolution was present
ed and adopted: ss-sst s-5
Resolved That the Mayor and Council
of the City of Topeka, deem it necessary
for the best interests of said city that
Sixth avenue. from the east line of Harri-
son street to the west line of West street
be repaved sixty-five (65) feet wide with
vitrified brick.
c. E. JORDAN
I. C. B. Burge, City Clerk of the CITY
Of Topeka, Kansas, do hereby certify that
the above and foregoing is true and cor
rect copy of the, original resolution now
on file in my office.
c. B. BURGE,
ISeal1 CitH(Ilerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
First published in The Topeka Stat
Journal Feb. 6, 1903.
First published in The Topeka State
Journal Feb. 6, 1908.

At a meeting of the city council of the
city of Topeka, Kansas, held February 8.
1888. the following resolution was present
ed and adopted:
Resolved. That the Mayor and Council
Of the City of Topeka, deem it necessary
for the best interests of said city that
Tenth avenue west, from the east line of
Jackson street to the east line of Harri-
son street be repaved sixty-five (s5) feet
wide with vitrified brick with asphalt
filler on the present concrete base.
c. E. JORDAN.
I, c. B. Burge, City Clerk of the City
of Topeka, Kansas. do hereby certify that
the above and foregoing is true and cor
rect copy Of the original resolution now
on file in my office.
C. B. BURGE,
[Seal.1 City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
TO WHOM n NAY coNCERN

NOTICE is hereby given that my petition
for a permit to sell Intoxicating liquors
421 Holiday avenue, in the Second ward
Of the city of Topeka. Shawnee county.
Kansas. is now on file in the office OF
Kansas. and that the same has been set
for hearing by the Honorable r. T.. Hay
den, probate judge of Shawnee county,
Kansas. on the 10th day of February, 1905,
at 10 O'Clock a. m. at his office in the
court house, in the city of Topeka.
H. C. MARTIN.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
First published in The Topeka Stat,
Journal Feb. 6, 1901

At a meeting of the city council of the
city of Topeka, Kansas, held February g.
1905. the following resolution was present
ed and adopted:
Resolved, That the Mayor and Council
of the City of Topeka, deem it necessary
for the best interests of said city that
Lane street. from the north line of Eighth
avenue to the south line Of Sixth avenue
be graded, curbed and paved thirty 900
feet wide with vitrified brick on sand
foundation.
c. E. JORDAN
I, c. B. Burge, City Clerk of the City
Of Topeka, Kansas, do hereby certify that
the above and foregoing is true and COR
rect copy Of the original resolution now
on file In my office.
c. B. BURGE,
TSeaL1 City Clerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
[seal.l
First published in The Topeka State
Journal Feb. 6, 1908

Journal Feb. 6, 1861
At a meeting of the city council of the
city of Topeka. Kansas, held February 8,
1908. the following resolution was present
ed and adopted:
Resolved. That the Mayor and Council
for the best interests of said city that
Williams avenue from the west curb line
of Clay street in TROOPS Fourth addition
to the east curb line of Buchanan street in
Throop's addition, be graded, curbed and
paved twenty-five (2O feet wide with Wit
rified brick On sand foundation
c. E. JORDAN.
I. C. B. Burge, City Clerk of the City
of Topeka, Kansas, do hereby certify that
the above and foregoing is true and cor
rect copy Of the original resolution now
on file in my office.
c. B. BURGE,
lSeaL1 City Clerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
LEGAL.

borhood of the corn, found the wife, her
husband being away, read the execution
to her and told her he intended to take
the corn. The officer then went to the
corn field with a witness and posted at a
public corner of the field notice that the
corn was taken on execution and was In
his possession. The levy was duly in
dorsed ON the writ. Held, a sufficient
levy.
g. 1t was essential to the validity of the
levy that the officer should station and
keep a guard over the field.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
TSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
LEGAL.

copy of the original enrolled bill now on
file in my office
In testimony whereof, have hereunto
subscribed my name and affixed my Off
cal seal, this 1st day Of February. 1908.
c. E. DENTON,
Secretary of State.
BY J. T. -BOTKIN.
Asst. Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
First published in The Topeka State
Journal Feb S. 1908.

At a meeting of the city council of the
city OF Topeka, Kansas, held February 8,
lsS. the following resolution was present
ed and adopted:
Of the City of Topeka, deem it necessary
for the best interests of said city that
Garfield avenue from the south line of
teenth street, be graded, curbed and paw
ed thirty. 900 feet wide with vitrified brick
on sand foundation.
l, c. b. Burge. City Clerk of the City
OF Topeka, Kansas, do hereby certify that
the above and foregoing is true and cor
rect copy of the original resolution now
on file in my office
c. B. BURGE
tSeal City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
[First published in The Topeka State
Journal Feb.-6, 1908

JOURNAL Feb. 3, 1913.
At meeting CT the city council of the
city of Topeka, Kansas, held February 8,
1908. the following resolution was present
ed and adopted:
Resolved That the Mayor and Council
of the City of Topeka, deem it necessary
Harrison street from the north line of
Huntington avenue to the south line of
Seventeenth street. be graded, curbed and
rified brick on sand foundation
@. 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
on file in my office.
c. B. BURGE,
lSeal.1 City Clerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1926.
Thomas Brown

s IuOmaS Brown
y vs.
Robert MeCrie
Error from Atchison County. :
- ON REHEARI -
~+-sl REVERSED. 20
Syllabus. BY the Court Porter. j.
In action by vender to recover the
purchase price Of land sold under con-
tract which provided that the yender
make a sufficient deed and furnish an alb
stract showing perfect title the answer
and cross-peution admitted that defend
ant secured possession under the con-
tract but alleged that plaintiff had failed
TO tender. a sufficient conveyance: that the
abstract rendered disclosed an outstand-
ing claim against the land the holder Of
which had threatened to eject defendant.
and had commenced an action against
him in e1ectment and for rents and proY-
Its. 1t is alleged a refusal on the part of
pialntin to correct the defects in the title
and averred willingness to paw the hall
ance when the title should be perfected.
II asked that plaintiff be required to per-
rect the title. and for other ALTERNATIVES re
LIEF. Held, that it was the DUTY Of tbe
court to overrule the demurrer to the an
sWer ana cross-petition, and retain fine
cause until the equitable rights of the
parties could be determined
All the Justices concurrinR
A true copy
AfStteS1; D. A. VALENTINE.
tS-I clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1916.
The State of Kansas

No. 1916.
The State of Kansas
M H. Ross.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Benson, J
1. In an inform alton charging arson IN
the third degree 1t is not necessary to
where the charge is that it was done will
fully, wrongfully. unlawfuily and felon-
iously.
court fairly presents the case to the jury,
a party who desires an instruction upon
some particular question should request
omission II he has not done SO.
g. The latitude allowed on cross exam
Of the case and necessarily rests largely
in the discretion of the trial court; and
upon a review of the evidence in this case.
proper discretion in this respect.
f. The evidence In this case examined
and held to be sufficient to sustain tha
All the Justices concurring.
Attest: D. A. VALENTINE,
GSealI Clerk Supreme Court
No. 1888
The Board of County commissioners OF
Ftnney County, ct al. --.,.
8. A. Hullard.
Error from Finney County.
REVERSED.
l. Injunction will not be awarded to
prevent the collection of a tax on the
ground of an irregular or excessive assess
ment unless the case comes clearly under
some acknowledged head of equity Juris-
diction.
3 In the absence of fraud. or conduct
which is equivalent to fraud, an over
valuation of property will not of itself
Justify an injunction against the collec-
ton Of taxes and especially where 1t
would operate to invalidate the whole tax
levy.
g. An assessment is not deemed to be
fraudulent merely because It is excessive
g. The statute provides that irregular
and excessive assessments may be correct
ed before board of equalization and In
the absence of grounds justifying resort
to a court of equity the decision OF the
statutory board on valuation Is plenary
and final. II
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
TSeal.l szs Clerk Supreme Court.
I No. 15706.
ss H. F. Wulf, ca al
/ essss-..- .-- VS.. sftE $500
y The City of Kansas city. ct al
Error from Wyandotte County District
AFFIRMED.
Syllabus by the Court.
l. Chapter lis. Laws OF 1907. authorizing
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
LEGAL.
COURT SYLLABI.
No. 1906.
w. NJ. Mills
G.. D. Harris, ct al
C@ n


G. D. Harris, ct al
Error from Miami County
AFFIRMED. -,
8yllabus- By the Court. johnston " .
J. Under a lease of land for gas, OH VI
coal purposes the lessee was given Tue Eli Ell
elusive right to dig and bore for gas, "a.
or coal for a term of twenty years ana DC Dc
much longer as any of these couIa te
found in paying quantities, also the rlsn.a
ofway on and over the land to expIore
and operate, including the right TO cree
buildings and appliances for procuring
gas, oil or coal on the land and the rlgns
to remove all improvements anu
machinery when the land Was
abandoned or the lease had expired Ine
only consideration for the lease, asloe
from the technical one of SVo, was d
royalty of eight cents ton on coal mlne9
and 5000 per annum for the gas procured
from each well and sufficient gas to sup
ply the two, stoves in the lessons farm
house, No grounds of forfeiture were
specified. Held, In an action to cancer
the lease that 1t contemplated early expo
ration and operation and a failure on tne
part of the lessee to begin operation lor
q period of about seven years is equlVd-
lent to a surrender by the lessee and gave
the lessor the right to treat the contract
as abandoned.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
teeal.1 Clerk Supreme court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1906.
G. f. Miller.
]. D. Sullivan.
Error from Shawnee County.

]. D. Sullivan.
Error from Shawnee County.
AFFIRMED.
Syllabus By the Court. Benson,
l. The general rule is that on a breach
of the covenant by the landlord to make
repairs the measure of damages is the diff
ference between the rental value Of the
have been If they had been put and kept
in repair.
2. The foregoing rule Is not Of universal
application, and where the tenant gave
seasonable notice to the landlord. and the
landlord made continual, although Incl
fectuaL efforts to repair, the tenant may
recover for damages to goods in his store
room on the leased premises. when the
extent of such damage is shown with
reasonable certainty, all vague and specil-
lative claims being withdrawn
All the Justices concurring.
Attest: d. A VALENTINE,
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
D. A. VALENTINE.
Clerk Supreme Court.
No. 1918.
w. NJ. Patterson

The Missouri Pacific RAILWAY, rro
Error from Woodson COUNTY pan
c,-,,. REVERSED.
syllabus. BY the Court c,,.. -
l. The courts will take iud;o;eo1I l ~ J:
OF the route OF railroad which has bsen
punt ana operated for a number of veers
ara +, one staCon to another in Kansas
ana tnat Tor a great portion of the dis
lance between such stations such roI,+a 3s
; beyond the boundaries of this state and
Within another state and again retrrns
into the state of Kansas "A iiS
railroad company in conveying
1relgnt over such route between such Sta
lions Is engaged in interstate Commerce.
g. While the state has the power IN
make reasonable police regulations af.
lee tne operation of railroads operat-
ing within the state and which are also
engaged IN interstate commerce fha raer'
ulations should be such only as tend %
the eHlcient ana orderly discharge Of the
duties of the railroads to their patrons
within the state and to the safe-gnar1ine5
or persons and property therein and as
Interstate commerce. S"e
l. The provision of Chapter s45, Laws
of 1905, which imposes a penalty of one
dollar per day upon each car for DELAY In
furnishing freight cars ordered and ner
mits no excuse therefor except f'strikes
unavoidabie accidents and other public
calamities," is not invalid but is a reason
able police regulation and imposes no CON
siderable burden upon interstate com
merce.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE.
ISeaL1 Clerk Supreme Court.
No 1885.
Charles E. Gibson
J. D. Larabee
Error from Stafford County
AFFIRMED.
Syllabus. BY the Court Smith
In support of the tax deed Involved IN
this action. which had been Of record
more than five years, it viii be pres,,,naJ
that the two tracts of land therein de-
cribed were separately assessed taTad
and sold.
Ali the Justices concurring. -.
A true copy.
Attest: d. A. VALENTINE
tSeaLl Clerk Supreme Court
No. 1920
The National Bank of Holton.
L. B. Duff. o. G. Duff and A. 7, Due,
Error from Brown County
AFFIRMED
Syllabus. BY the Court RI,rcb
1. In making a levy of execution Tnon
q field of standing corn the officer nesli
take only such possession as the pat,,rs
of the property will permit He mead ,at
do that which, but for the writ wouIS
make him trespasser. 1t is suff,cient ~
he go to the premises, there do some onen
and uneQuivocal act which as nearly as
practicable amounts to seizure and in
dorse the levy on the writ
2. In this case writ of execution was
issued against the property of man and
his WIFE The man owned field of stand
AAG eern- The officer went to the neigh
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1881.
Mary E. Robson

Mary E. Robson
VS..
The City Of White City.
Error from Morris County.
AFFIRMED.
Syllabus BY the Court. Graves, j.
Where, in an action against q city for
damages received on account of defec-
tive Sidewalk the jury return general
verdict for the plaintiff. and with 1t, pre-
sent special findings of the fact which
show that the officers of the city did not
have notice, either actual or constructive,
of the defect, prior to the injury, 1t is not
error for the court to set aside the YER
dict and enter Judgment in favor of the
defendant for costs.
All the Justices concurrtng.
A true copy.
Attest; D. A. VALENTINE,
TSeaI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

No. 1874.
d. C. Nation and E. w. Nation
VS..
Rundberg ct AL. as the Board. of Commits
sioners of Cove County, Kansas.
Original Proceedings in Mandamus.
WRIT DENIED.
Syllabus. BY the Court. Smith j.
A peremptory writ of mandamus will not
be granted to compel a board of county
commissioners to consent to an appoint
school lands, 1t being conceded that such
lands had. prior to the application for
such consent, been patented by the State
to q purchaser thereof.
All the Justices eonctrring.
! A true copy.
Attest: D. A. VALENTINE,
tSeaL] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11

No. 1884.
The Atchison, Topeka and Santa Fe Rail-
way Company.
a --
~ James D. Conlon, ct al.
Error from Atchison County. s.ts-
REVERSED. ..s.f
syllabus. By the Court. Burch, j.
l. Under rule 10a Of this court the plain
tiff in error may make the claim in his
brief that a finding of fact returned by
the jury is not supported by any evidence
without being obliged to abstract the evil
dence to support the claim. In such case
it devolyes upon the defendant in error
to abstract such portions of the evidence
as he contends support the finding and II
he fail to do this the claim OF the plain
tiff in error will be taken as confessed.
2. Causes are no longer to be deter
mined in this court upon the records but
upon, abstracts prepared in accordance
with the provisions of rule 10a-
8. The subject of the preparation of
abstracts discussed. ~, -
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
No. 1882.
Sarah A. Wilkinson

No. 1882.
Sarah A. Wilkinson
VS..
E. T. Mears
Error from Montgomery County.
REVERSED. et5-
Syllabus. BY the Court. Benson J.
Where both parties claim to own and to
be in possession of real estate, the subject
Of the action. and each prays for tudg-
Tnent quieting title. and produces evidence
tending TO support such. claim presenting
substantial questions OF law and fact uri-
der the issues, duly submitted for decision
and Judgment. It is error for the court to
render general Judgment of Dismissal
over the objections of a party to the ac-
ton
Ar the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
lSeaL1 Clerk Supreme Court
No. 1878
ST. Louis and San Francisco Railroad Co.
VS..
John CLANCY.
Error from Bourbon County.
REVERSED
syllabus. BY the Court Smith
l. BEFORE the declaration of a party
with regard to q present and existing pain
or suffering Is admitted In evidence t, a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-11
LEGAL.

jury for the purpose of proving that an
injury received by the party some time
prior was continuing or permanent. suAi-
Gent evidence of the appearance or con-
cumstances under which the staten srts
were made should be produced to make 1t,
at least, probable to the court, that the
statements were the natural and sfontan-
eous expression of present feeling and not
the result of deliberate purpose.
No definite rule, APPLICABLE to all cases,
can be laid down as to the amount or
character Of preliminary evidence requisite
In such cases but a wide latitude OF dis
erection rests in the trial court
g. The rule prescribed in A. T. and s.. r.
Railroad Co. VS.. Johns, SO Kan. 769. Is
modified. f.5-
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeal1 Clerk Supreme Court