davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
No. Ell.
c. Brice-Nash.

No. 15,711.
G.. Brice-Nash.
VS..
Barton Salt Co.
Error from Reno County.
REVERSED.
syllabus. BY the Court. Mason ].
Where the method adopted by salt
company for carrying on its business In
wolves the occasional dislodging Of masses
or salt, thereby covering the floor of a
room with fragments moving with such
force as to expose to danger employees
who are there in the. discharge of their
tect them from such danger is to Ntarn
them just before such dfslodgment, the
bic duty of the employer, and its omission
imposes a liability for any consequent in
jury to an employee, regardless of any
question of co-serVice.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
lSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
LEGAL

Published in The Topeka State Journal
December 16, 1908.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

The Kansas City Southern Railway COM
pany.
c. H. Alberz Commission Company.
Error from Crawford County.
AFFIRMED.
Syllabus; By the Court. Graves, J.
l. In September. 1901, 1901. it was not INLAY.
a joint rate with a shipper for the trans
portation of grain from one state to an
was valid and binding upon the parties
thereto if there was no established rate
under the provisions of the interstate COM
traffic.
2. Where such a contract was entered
into after it was performed, the shipper
commenced an action to recover from one
to be overcharges paid to said company
upon its proportion of the rate agreed
upon. and the railroad company. TO avoid
unlawful, and void. The burden of proof
was upon it to establish the facts which
8. The general rule that where con-
Meeting roads, each having legally es-
which has been filed and published as re
a joint rate for less than the sum of the
two locals, has no application where such
roads have no established local rates.
into a valid contract with a shipper to
transport grain from one state to another
at a Stipulated joint rate, in which agree
ment the proportion of such rate to be
received by each road is specified, one of
such roads can not afterwards change the
contract by Joining with other connecting
lines in establishing joint rate with
them in which it secures larger sum for
the transportation of similar freight be-
tween the same points named in the
former agreement.
s. In September, 1901, certain connect
ing railroads entered into a contract with
a grain dealer whereby they agreed to
transport grain for him from Omaha, Ne
braska. to TexaTkana. Texas. through
Kansas City. Missouri. at astipulated joint
rate. No legally established joint rate
was then in force on these roads between
the points named. The contract specified
the proportion of the stipulated rate each
road was to receive. A large amount of
grain was shipped over these roads upon
this rate. The rate was not esta blished
as required by law. Afterwards, the ship
per commenced an action against one of
the roads to recover over-chargeS paid to
it upon its proportion of such rate for
said shipment. Held that the failure to
establish the rate required by law. can
not be interposed as a bar to the action.
g. The exclusive jurisdiction conferred
upon Federal courts in all actions of vio-
lations of the interstate commerce law does
not apply to action to recover over
charges paid upon shipments made under
a contract which was not made in viola
ton of that act.
T. Where a case is tried in the district
court without a jury, and no special con-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
FREE DYSPFNSARY

QUINCY STREET FREE DIsPENsARY.
practicing physicians and surgeons. Med
ical service free. Medicine free in some
cases. Office hours to 5 D. M Calls
answered right or dav- Ind phone 1867
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
LEGAL.

No. 15,70s.
N. r. Ross. Sheriff of Ness County, and
Lorenzo e. Mcdonald.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
Franz D. HutchinEs.

JUDGMENT OF CUSTER
Syllabus. BY the Court. Smith, ].
1. Chapter 50, Laws of 1905 IS special
law and is in violation of section II, ar
ticle 2 of the constitution of Kansas and
affords no warrant to the defendant for
holding the office of Judge of the circuit
court of Wyandotte county.
2. A general law can be made apphca-
Bile to the whole state and adequate to
furnish reasonable facilities for discharg-
ing the judicial business which now comes
or may come within the cognizance OF dhe
district court in any county.
g.. The constitution of Kansas does not
prohibit the legislature from providing
more than one district Judge In a judicial
district.
Burch, J., Mason. J., Graves, J., and
Benson, J., concurring.
Porter, j., concurring specially.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

The Board or Educatlon OF Lno Cily U
Humbolt.
Paul Klein. Geo. NJ Reynolds. T. ]. An
derson. as the Board of County Com
County Clerk of Allen County, Kansas.
Error from Allen County.
AFFIRMED.
Syllabus BY the Court. Porter j.
l. Before the provisions of chapter 49,
Laws of 1895, providing for establishing
county high schools can be legally adopt
ed the proposition when submitted at a
general election must receive a majority
of all the votes cast upon any question or
office voted for at such election
2. A proposition to adopt the proVls-
ions Of the high school law of 1900 was
submitted to the voters of Allen county
at the general election held November s,
1906. 4, SIS votes were cast at the election;
on the proposition of adopting the high
it; LOS voted against it; and 1532 voting
at the election failed to vote on the pro-
position. The board of county commits
sioners met as a canvassing board and
ing that the proposition carried, the
board levied tax for high school pur.
poses for the year 1907, which was used
in the maintenance of a high school un-
board refused to make any levy for this
purpose. Held, that the proposition fall
ed to carry and that no order which the
board could have made could AFFECT the
legal result of the election as shown by
8. The fact that the board of county
hension of the legal effect of the returns
and levied a high school tax for 1907 will
not estop the board in an action brought
to compel them to levy a similar tax Tor
position was never legally adopted.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
TCoal1 clerk SIIDrpma Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
No. 15.72S.
J. I. Case Pillow Works.

O. BIT
J. L Case P1ow Works.
Park B. Pulsifer. Trustee
Error from Cloud County.
REVERSED.
Syllabus By the Court. Benson, j.
l. The declarations and admissions maze
petent evidence against the corporation,
first When fney 3,c Tela aent and in respect
! to which he is authorized IN the Usual
course Of business t to civ. s9e 6da Wife
the agent is acting within the scope of his
authority. and during the. continuance OF
pending at the time they are made.
2 The declarationss Of an agent when lI;5
which relate only to a past transaction
are hearsay and inadInissible.
All the Justices concurr1ns'
Attest: e0P'' D. A. VALENTINE.
TSeaI1 Clerk Supreme Court
The Atchison. Topeka and Santa Fe RAN
way Company
John I. Baker. administrator Of the
Estate of Sarah E. Baker, Deceased
Error from Johnson County
| REVERSED.
Syllabus BY the Court. Mason j.
i. In an action to recover damages on
account of an injury to pedestrian re-
sulting from a locomotive being dTlV en-
unlawful and dangerous rate of speed
with no signal being given OF its approach,
and with no outlook being kept the mis-
conduct of those in charge OF II may
amount to such recklessness and Wanlon-
ness as to cut off the defense of contrib
utory negligence. although such employees
did not know of the presence OF the per-
son injured. if to their knowledge the ex-
tent to which the street was used made an
| injury so probable that they must be
deemed to have realized its imminence,
and to have refrained from taking steps
to prevent it because they were indi1er-
ent whether it occurred or not:
2 In the trial of such an action an IN
struction that 'wanton negligence is the
failure of one charged with duty to ex-
ercise an honest effort in the employment
of all reasonable means to prevent an
injury is insufficient as a definition of
conduct that would authorize a. recovery
regardless of contributory negligence; II
the employees in charge of the engine did
not know of the presence of the person
injured it is essential that the jury be
told what condition will supply the lack
of actual knowledge.
g. Inasmuch as the statute requires an
ordinance to be published before it takes
effect. and provides that to its entry in
note stating the date of its publication,
no other provision being made for pre-
serving evidence of the fact of pubhca-
ton. if no notation with regard thereto
is found in the proper place. the ordl-
nance is not admissible in evidence with
out other proof that it has been pub
Iished.
All the justices concurring.
Attest: D. A VALENTINE,
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
UNDERTAKERS.

L. NJ. PENWELL. funeral director and
emblmer. First class service. reason
able prices. 511 Quincy st. Both phones 1ss
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
No. 1854.
w. S. Masnker, ct al.

NO. 15,5S4.
w. S. Masnker, ct al.
L. NJ. Tough.
Error from Scott County
REVERSED.
Syllabus. By the Court Smith, ].
l. An agent employed to sell real estate
and not authorized to execute a contract
of sale or to execute an instrument of
buyer. ---..---.
2. A contract between real estate
agent and land owner that if the agent
should find a purchaser for the land he
vices the amount the land should sell for
above a certain price, is an agency con-
tract and not joint adventure.
8. Where under the statute which au-
thorizes cities of the third class to i'm
pose a license tax upon real estate
agents, the council of such a city ena cts
the business of real estate, and a real
estate agent thereafter continues to con-
duct his business within said city without
a license and in such business makes a
a compensation, such ordinance does not
render the contract Illegal and void.
A. In civil action, to which the city is
not a party, where a breach of such ordi-
nance is invoked for the purpose of avoid
ing a contract between the parties the
ordinance will be strictly construed.
for a new trial. filed after a general YER
dict in a district court, is largely a mat
ter of judicial discretion as to the findings
of fact and the weight of evidence in
of law occurring upon the trial are not
matters of discretion and are fully sub
ject to review in this court.
Burch, J., Mason, J., Graves, J.. con-
Porter. J., and Benson. J., concurring
specially.
true copy.
Attest: D. A. VALENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
CINDERS.

FOR SALE-Edison cinders, delivered.
Call Jamison. Ind. 1872. Bogg's feed store.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
No. 1913

No. 1913.
In Re ]. H. Williams.
PETITIONER REMANDED.
Syllabus. By the Court. Benson, J.
Chapter $50 of the Laws of 1907 entitled,
"An Act to protect mines, miners, ana
mine laborers, and defining the manner
use in coal-mines Of the state of Kansas"
is not in conflict with the state constitu-
ton or the fourteenth amendment to the
constitution of the United States, and Is
not invalid as regulation of interstatS
commerce.
All the Justices concurring.
Attest: D. A. VALENTINE,
TSeaLl Clerk Supreme Court.
No. 1921.
James F. Getty.
Frank NJ. HoIcomb and Van B. Prather.
Petition for Peremptory Writ OF Man.
damuS.
WRIT DENIED.
Syllabus nv the Court Burch, j.
l. The provision of the Australian Bal
LOT Law claws 1898, CHI. Is, sec. %; Laws
1905. CHI. 222, sec 81 to the effect that in
ballots which have been sealed up and de-
posted with the county clerk snail pc
opened only in open session or the contest
tribunal is not unconstitutional because
not within the scope of the title OF the
. The provision referred to forbids the
onening of such ballots in proceeding
for the taking of dispositions before the
nrohate Judge preliminary to the trial OF
a contested election to the office OF SEN
All the justices concurring,
A+taet. d A. VALENTINE.
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
LEGAL.

No. 1898.
The State of Kansas, ex rel, Fred 3.
Jackson, Attorney-General
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
No. 16,
d. A. Williams.


The Board of Education of the City or
Parsons, State of Kansas
Original Proceedings in Mandamus.
MOTION TO QUASH OVERRULED.
Syllabus. BY the Court. Benson, J.
l. Where children entitled to school
privileges in city, If required to attend a
certain school designated by the board or
education, would be exposed to daily dam
gers to life and limb SO obvious and SO
great that in the exercise of reasonably
prudence their parents should not permit
them to incur the hazard necessarily ana
unavoidably involved in such attendance,
they should not be compelled to attend
the school so designated
2. The board of education OF a city OF
the first class may provide separate
schools for white and colored children IN
the grades below the high school, pro-
vided equal educational facilities are fur-
nished; but where the location of a school
for one of these classes is such that ac-
cess to it is beset with such dangers 70
life and limb that children OF the class
for which 1t is designated ought not to be
required to attend it-such children are
denied equal educational facilities ana the
action of the board requiring them to at
tend such school and denying them ad-
mission to any other is an abuse or ois-
erection.
All the Justices concurring.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
FOR Observation-Disclosures.

FOR SALE-Use of boys and wagons t
deliver packages, trunks, etc. Phone
1852. Hasty Messenger Co, liz west 18th
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

TRANSFER AND ~rORAGw
MERCHANTS TRANSFER & STORAGE
Co packs, ships and stores household
goods. Tel. 1S6. Clarence Skinner. GIL
Quincy st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

CARPET WEAVING.
BATH rugs and carpet weaving, 712 E. 4th
St, next to r. r. Y. NJ. c. A. Adelia Black
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
IDA c. BARNES, M. D.

IDA z. BARNES. N. D.
Onice 726 kansas ave. Residence Thir-
tenth and Clay. Office hours: 8 a. m to
II n. m. and 2. m. to o. m. Both
phones 16 residence and Ind. 1916 office
DIR. H. H. KEITH. surgeon and diseases
OF women. with private hospital Ofrice
531 Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
PAVING.

CAPITAL, CITY vITRIFIED BRICK
PAVING CO.. 214 E. 9Th st. Mfgs.
biIiIdina. paving and sidewalk brick
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

MACHINE SHOPS.
FOR up-to-date gunsmIths and electrician
see H. B. Howard. 40 Kan. ave. Tel 500
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

FOR SALE-One second hand New Gem
fury typewriter in good condition. Call
or address Gatlin Drug Co., 702 Kan. ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

CONTRACTORS AND BUILDERS.
M. g. PLANK. gen. contractor, has a.
office at 521 Kan ave Estimates cheer
fully given. Ind. phone 1890. Bell. 1920.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
PHYSICIANS AND srRGFoNs.

DIR. E. L. CARHART. NJ. D., physician
and surgeon: diseases of women AND
children. Office. room 2. over Shows druS
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

No. 1860.
The Board of County Commissioners OF
Shawnee County, Kansas.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

d. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
FOR sALE-REA1 ESTATE.
TAKE NOTICE

Close in on Tyler street, rooms, MOD
ern with barn. 81. 500.
Close in on East Side, 2 good houses
with 3 lots: will sell all or part at
bargain.
Dandy, nearly new room, modern cot
tage. good West Side location, on car
line and fine neighborhood. Price S2,5O.
Almost new 5 rooms and iots' ed E1
front. close to car on West SIDE. Ian
make special price on this.
New room thoroughly modern mouse
on College ave. II block of Washourh
college: this is an ideal place for room
ers. Better see it.
TILE SIP AIrSS AGENC.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

PICTURE FRAMING.
FRAMING, regilding, mat making. mount
ing done by ]. D. Sullivan, 112 w. Eighth
street. Packing. shipping. etc.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16

JEWELLERS
JAMES B. HAYDEN, Jeweler and Opti-
clan. Complete stock OF watches. diaa-
monds Silverware, etc. Eyes examined
and spectacles properly fitted.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
No. 15.725.

Harriet B. Taylor, Ann NJ. Beckwith, G'
o. Taylor and E. j. Taylor.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-18
BOY TELLS FATHERS DEEDS
Minneapolis Man, Now In Hiding
Said 10 Have Cheated
Customers.

CHICAGO, Feb. 1z-Joseph Mulhall, 16
years of age, today before United States
Commissioner Foote, testified that his
father, James T. Mulhall, is a criminal
1t is alleged that the father was impli-
Gated in the swindling OF Minnesota pro-
duce raisers under the name of the Mic
colet Creamery company OF Minneapolis.
He is said now to be a fugitive in Canada
Jacob Nathanson, arrested in Chicago for
the same offsnse as is alleged against Null
hall, is fighting extradition. and It was in
connection with these proceedings that
young Mulhall appeared in court.
He testified that his father and Nathan
son were engaged in business in Mime
apolis under false names and made mis-
representations through the mails to the
growers OF produce. Mulhall declared that
he had been employed by his father in his
unlawful business and was anxious to get
away from 1t and lead an honest life
While he was testifying, his mother, Mrs
Mulhall and his sister, Miss Anna Null
hall, attempted to influence his testimony
by signs and whispers They were COM
pelled- to leave the court room.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-18
CHINESE EDITOR THREATENS
Says His COuntrymen Are Preparing n
to show ThievinE Nations
Few Things.

SAN FRANCISCO, Feb. l7.-At a meet.
ing in the Young Mems Christian associa-
tion headquarters yesterday. the Rev. Ns
Poon Chew, editor of the Chinese World.
told his audience that China was raising
an army of 100000 men to drive the Bu-
ropean nations from the empire.
But 1t viii never be a menace to Amer
ica," said the editor, because, among
other things we have learned recently. Is
that the United States is the only nation
on earth with a conscience" The Journalist
talked on "China's possibility. the churches
responsibility" and he interspersed his ad-
dress with epigrams and figures OF true
Chinese tersenes
China is," he said. 'just awakening
from her slumbers ana II Is getting ready
to go to arms. When It does Il will send
Germany France, England, Russia and
other robbing and thieving nations home In
a hurry II Russia ever tries again TO grab
any Chinese territory We will fill her full
Of CORY holes-just as Japan did. China is
destined 70 be the greatest nation on
earth"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-18
rRocEkDINGs OF THE SENATE
WetherspOOn Nomination IL Com
firmed After Five Hours Debate.

WetherspOOn Nomination IL Con-
firmed After Five Hours Debate.
WASHINGTON, Feb. 17.--After a brief
executive session today the senate ordered
the doors closed and for several hours
discussed the wetheyspoon nomination
During the executive session an agreement
was reached to consider the ocean mail
subsidy bill on Wednesday, and Senator
Stone, (Missouri.) announced that he would
speak on the Aldrich currency bill tomOr-
row.
The senate, after nearly five hours de-
bate on the nomination of Lieutenant
Colonel w w. Wetherspoon to be brigadier
general today voted to confirm. There were
only seven votes in opposition. The contest
was led by Senator Bulkeley who spoke
against the practice of promoting officers
except by seniority, unless an officer has
had such service as would cause the whole
country to demand It. he was bitter
against what he called the promotion of
officers for some one act of heroism, when
they had not been especially trained for
an advanced grade. In the case of Lieu
aenant Colonel Wetherspoon there was
not a word directed against his record,
which was conceded to be such as entitled
him to special recognition. Senator Briggs
and Dupont also spoke briefly in opposition
to confirmation. while Senators Warren
and Foster spoke at length for favorable
action.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-18
KENTUCKY OFFICERS WHIPPED
Night Riders Apply Lash to Police
JudEe and Two Marshals at
Eddyvtige.

EDDYvILLE KY, Feb. 16.-Night riders.
800 strong. visited Eddyville at o'clock this
Sunday morning and whipped ten men,
four of them white. and six negroes. The
white men who are today suffering from
sore backs as the result Of a severe chas-
tisement with switches are: Police Judge
c. w. Rucker, Lesel Woods, former city
marshall; Press Fralick, who occasionally
acted as deputy marshal, and Grace Rob-
ertson, a saloon porter.
The connection between the whipping of
the white men and the negroes, and the
tobacco war in western Kentucky is not
apparent. and no one has been able to offer
any explanation. None OF the victims was
known to be either active or influential in
opposition to the farmers pooling move
ment. No attempt was made at destroying
stored tobacco.
The riders were well drilled and we'll
armed. About $50 entered the town from
the direction OF Trigg county and the re-
mainder from the opposite direction. over
1000 shots were fired during the course Of
their stay. but the only casualty reported
10 that of young woman, whose face is
said to have been grazed by stray bullet
The home Of Judge Rucler was badly
damaged before the riders were able to
with bullets, doors and shutters torn off,
etc. After taking each OF the men to the
edge Of town and whipping them they were
allowed to return home.
After the whipping had been administered
the mob awakened County Judge w. l..
Crumbaugh and warned him that his i'm
munity from similar punishment hereafter
depended entirely on the friendship he was
expected to show the tobacco growers
organization. He was told that his gray
hairs alone were responsible for his being
spared this time.
The only tobacco man visited was ]. NJ.
Bradshaw, who is an agent for one of the
growers associations Mr.. Bradshaw was
ordered to close up a billiard hall which he
owns.
Before leaving the town the riders an
nounced that they had not finished their
work and they would return before many
days.