davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
D. A. VALENTINE,
Clerk Supreme Court.
No. 1876.
In the Matter of the Application of Amos
Martin for Writ of Habeas Corpus.
Original Proceeding.

NO. 1856.
In the Matter of the Application of Amos
Martin for Writ of Habeas Corpus
Original Proceeding.
PETITIONER DISCHARGED.
l. . Chapter IS Of the laws of 1905 pro Q:
viding that sales of grain, seed. hay and
coal shall be deemed t. be made on the
basis of the actual weight thereof, and
providing that any purchaser of such
commodities who, without express agree
ment with the seller. shall deduct any
hold payment therefor under a claim of
right by virtue of custom or board of
trade rule shall be guilty of a misdemean-
or and fined, has no application to a de-
curing in a settlement between purchaser
and seller made in a foreign state.
2. The owner of a carload of wheat
in Kansas consigned it to a member of
the board of trade in Kansas City. Mis-
souri,, for sale on the floor of the board
The grain was sold there and the bill of
lading was there delivered to the pur-
chaser, who was also a member of the
board and who ordered the grain stored
in his elevator in Kansas City, Wyan-
dotte County Kansas. The wheat was
and a certificate of the true weight was
sent to the purchaser in Missouri. Con-
trary to the Kansas statute, the rules of
the Kansas City, Missouri, board of trade
allow a deduction Of 100 pounds from the
true weight of each car of wheat. Settle
ment for the wheat was made on that
of trade in Kansas City. Missouri. The
wheat did not leave the state of Kansas
at any time. Held, the sale was made in
the state of Missouri.
8. The purchaser in the transaction de-
scribed cannot be prosecuted in Wyan-
dotte county for violation of the Kan
sas statute
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
No. 1904.
Q ". Petersilie,
Mary McLachlin.
Error from Ness County.

Error from Ness County.
AFFIRMED.
Syllabus. BY the Court. Porter J
/. Where q new purchaser of school
lands who is the defendant in ejectment
seeks to show valid forfeiture of the
plaintiffs contract and offers parol or
other testimony to supply COMMISSIONS in
a defective return of the notice of for
fixture, the testimony, while competent
for the purpose under the provisions of
section 1. chapter 37S, Laws of 1907 is not
conclusive or binding upon the court Its
weight and credibility are to be passed
upon the same as any other controverted
fact, and a Judgment in favor of the
plaintiff in such case amounts to a find
ing against the validity of the forfeiture
2. Section of chapter S73, Laws of
1907. so far it attempts to make the
posting in the office of the county clerk
of a copy of a notice Of forfeiture OF
school lands cor. elusive evidence of proper
service of such notice, is a legislative
declaration Of the truth of facts an in
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11

No. 1882
A. NJ. Horner
Theodore Schinstock-
Error from kingman County.
AFFIRMED.
Syllabus BY the Court. Benson, j.
A party against whom judgement was
obtained by the perjury of the adverse
party committed in testifying on the
trial of the action wherein the judgment
was rendered, cannot, while the judgment
remains in force, maintain an action
against such adverse party for damages
alleged to have been suffered because of
such perjury.
AL the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
LEGAL,

vasion of the province of the judicial de-
partment of the government to which
alone belongs the power to inquire wheth-
er facts upon which rights exist are true
or false. For this reason, and because it
denies to the holder of the original Ger
tificate due process of law, it is uncon-
stitutional and void
All the justices concurring.
A true COPY.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11

No. 16 go.
The State of Kansas, ex rel. Fred s.
jackson, Attorney General,
VS..
W. E. Bentley, ct al
Original Proceeding in Quo Warrantc.
Judgment for Plaintiff.
Syllabus By the Court Benson, j.
/. The statute providing for a high
school in Cove county Chap. AS, Laws of
1909 directed the county commissioners at
their first regular session after the pas
six weeks that they would consider
petition for the establishment of such
school. No action was taken by the board
until July II, 1903 when it considered the
be established. notice signed by the
chairman of the board and county clerk
had, however, been published for seven
weeks. prior to such meeting but only
five weeks after June Y, the date when
the statute took effect by publication;
Held, that the publication of the notice
as required by law for six weeks after
the act took effect was a condition pre-
cedent to the establishment of such school,
without which it could not be legally
established.
2. Until the act took effect the commits
sloners had no more power to give the
notice than to make the final order and
the words THE passage of this act in
section of the statute relate to the time
that it should take effect.
8. The Importance of the notice is made
more apparent by the provision that the
petition should not be considered If a pro-
test signed by forty-five per cent of the
session designated to consider the PROPOSE
ton specified in the notice, as the failure
to publish the notice for the requisite
time after the act took effect abridged the
time thus allowed for remOnstrance.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
D. A. VALENTINE,
Clerk Supreme Court.
No. 1905.
Joseph F. Doyle

Joseph F. Doyle
The Hays Land & Investment Company.
Error from Kearny County.
REVERSED.
Syllabus. BY the Court Benson, J
l. An assignment of a mortgage was
made to Jessie L. Williams wife of
Edward H. Williams' and was duly
recorded; in suit to quiet title brought
afterwards by the holder of a tax deed
10 the mortgaged lands, this assignee of
the mortgage was made a party by the
designation Mrs. Edward H. Williams,
and by that name was given notice by
publication. he has assigned the mort
pant in this ACTON eic cais@ before the the
SUIT to quiet title was commenced, but
tbs assignment was not recorded until
at the date of the publication and resided
IN Massachusetts,. Judgment was render
defendants therein including Mrs. Edward
Il Williams quieting title and barring
the defendants named from any interest
IN the land. The plaintiff in that suit
then sold and conveyed the land to anoth-
er under whom Doyle holds through
valuable consideration. and he was in
possession claiming such title when this
action was brought by the Investment
company TO foreclose the mortgage which
1t so held by assignment; Held. that IN
der the facts stated in the opinion the
Edward h Williams in the lef'i petition ana
notice published was sufficient to permit
an adjudication of the interest and claims
or the plaintiff holding under her by an
assignment not recorded when the publ
cation was made, the title to the mortgage
appearing at that time by the records to
be in her.
2. Where the records show a title in one
VINO IS made defendant In u foreclosure
suit IN order to bar his interest in the
land, and he pleads title to the land in
Zee, and the issues arising upon such
pleading are fully tried and adfudicated
against him, he may maintain a petition
In error upon such judgment, although
1t was shown upon the trial that a con-
i'm RI ami l,n- 7of
a party 70 the suit, had been made before
the suit was brought. it being also shown
that such conveyance was not recorded
until afterwards. and no motion was made
for substitution; In this situation the
plaintiff who made him a party and OBJ
tanned a Judgment against him can make
no valid objection to his presenting the
Judgment to this court for review.
All the Justices eoncurr1ng.
a true copy.
Attest: D. A. VALENTINE,
lSeaLl Clerk Supreme Court.
No. 15,765.
E. T. Jones
VS..
J. H. Hickey and Mary E Hickey.
z. T. Jones
J. L. Gibbons and Florence Gibbons.
Error from Seward County.
AFFIRMED.
| Syllabus. By the Court. Porter. J.
1. BY the enactment of chapter s7s,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
UNDERTAKING.

L. NJ PENWELL. funeral director and
embalmer. First class service. reason
able prices. 511 Quincy st. Both phones 49,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
STATIONS.

LITTLE CORPORAL, 21ek- Handsome
chestnut horse, greatest sire OF trotters
in this vicinity. Fee, $500 to insure. In
spection invited George Parish. Barn No.
l. Fair Grounds.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11

At a meeting of the City Council held
April 13. 1909, the following resolution was
presented and adopted:
RESOLVED. That the Mayor and Coun-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
No. 1892.
Charles Reitler

William A. Harris.
Error from Edwards County.
AFFIRMED.
Syllabus. By the Court. Smith, J.
1. Under the facts found in this case
there is no element of estoppel as against
the plaintiff below.
>. The decision in Jones V. Hickey, just
decided, as to the competency of the Iegis-
lature to provide what shall be prima
facie evidence of the legal service of a
notice, is followed.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
D. A. VALENTINE,
Clerk Supreme Court.
No. Is, $50.
Fred L. Morris

No 10,JSJ.
Fred L. Morris
VS..
F. H. Morris, ct al
Error from Labete County.
AFFIRMED.
Syllabus. BY the Court. Graves, j.
1. In action to set aside tax deed
which was good on it's face, it appeared
that the deed was based upon a sale for
the delinquent tax of 1887; that the levy
for that year upon the land described in
the tax deed was Al mills on the dollar
It also appeared that by chapter 26s Laws
of 1895, the levy for 1897 for state purposes
was 81 mills on the dollar. Held that
this showing alone was insufficient to
overcome the presumption which obtains
in favor of every tax deed which is good
on it's face.
3 Whether or not the person named in
a tax deed as grantee was the agent of
the owner of the land when it was sold
and charged with the duty OF paying the
tax, is question of fact, and when decid-
ed by the district court upon evidence
presented, such decision is controlling.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
No. 1905.
The State of Kansas
VIC

Charles Fritz.
Error from Saline County.
AFFIRMED.
Syllabus. BY the Court. Johnson, Z. ):
The statute providing for the abatement
of d nuisance, maintained in violation OF
the prohibitory liquor law, which author
ICES the court in awarding judgment IN
favor of the plaintiff to allow and tax as
costs an attorneys fee for plaintln at
torney claws of 1903, Chap. $3.50 Is NOT
protection of the law made by the federal
constitution
All the Justices cOncurrlng-
A true copy. -
Attest: D. A. NAbEN Tine
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
No. 1862.
Joseph ]. Cole and p. D. Plain


Richard n. Dorr. City Clerk.
Original Proceeding in Mandamus
Writ Denied
Syllabus. By the Court Mason, J.
/. The statute claws of 1907, chap. 1l4)
providing a scheme of municipal govern
ment commonly known as the 'commls-
sion PLAN" to be operative only IN those
cities that adopt its provisions by popular
vote is not void as an attempt to dele
gate legislative power to the people OF
such municipalities, nor as a violation OF
the sections of the constitution forbidding
the comforting of corporate power by
special act and requiring provision TO be
made by general law for the organic 6lon
of cities, nor as failing to have a UNIFORM
operation throughout the state.
2. The statute claws of 1919, chap. y
reading-'AH cities that have
adopted by majority vote of the electors
voting at election called for the pur-
pose of adopting the commission form OF
government ...... snaH pc from ana az AZ
firmed and legalized regardless of any
and all Irregularities that may have &C
CURED in the calling, advertising, publish
be interpreted intending to legalize all
city elections previously held for the pur-
pose of voting on the question of the
adoption of the commission form OF gov
eminent, at which a majority of the votes
cast We're in favor of such proposition.
3. An act validating a city election
which is otherwise rendered void by a
failure to give the notice required by
statute is not obnoxious to the constftu-
tional prohibition against comforting cor
porate power by special act, If 1t applies
10 all cities in the same situation, not
WithStanding it results in a classification
based upon existing conditions only.
Johnston g. j., Smith J., Porter j.
Burch, J. dissents from the first para
graph of the syllabus and corresponding
portion of the opinion.
A true CODY.
Attest: D. A VALENTINE,
LSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
TRANSFERS AND STORAGE.


MERCHANTS TRANSFER & STORAGE
Co. packs, ships and stores household
goods. Tel 1856 Clarence Skinner. sl1
Quincy ST
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
D. A. VALENTINE,
Clerk Supreme Court.
No. 1905.
Citizens National Bank of Fort Scott,
Kansas,

No. 16,036.
Citizens National Bank of Fort Scott,
Kansas,
VS..
The Bank Of Commerce, ct al.
Error from Neosho County.
REVERSED.
Syllabus. By the Court. Graves, J.
L The assignment and actual delivery
to another of a certificate of stock in a
joint stock company by the owner thereof,
for the purpose of pledging the property
represented by such certificate as collat-
era1 security for the payment of debt
of such owner, is sufficient to effectuate
change of the possession of such property
from the owner to the holder of the as
signed certificate when such property is
not itself susceptible of delivery.
2 In such case, the holder of the as
signed certificate will have right to the
property for the purpose of such pledge,
superior and prior to the rights subse-
quently acquired by an attaching creditor.
3. A pledge to secure a debt may be
made in trust to a third person, for such
purpose, with the same effect as if made
directly to the creditor.
4. The law relating to the registration
of chattel mortgages has no application
to pledges.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
D. A. VALENTINE,
Clerk Supreme Court.

No. 1885.
Missouri, Kansas and Texas halfway
Company
VS..
The New Era Milling Company, "a CUT
poratiOn-
Error from Labette County.
REVERSED.
Syllabus. By the Court Johnston, {. J.
1. Freight received by railway COM
pany in Kansas to be transported over us
own and connecting line on a through
bill Of lading and by a continuous trip to
3 point beyond the state is deemed to be
interstate commerce. !
2 In such a case where the rate charged
for the through shipment is the aggregate
of the local rates on sle two lines and
where the connecting line had previously
adopted and filed with the Interstate Com
merce Commission a tariff under which
its proportion of the charge on the
through shipment was collected and there
is a claim by the shipper that the charge
made is excessive, unreasonable ana IN
Just his redress must be through the In
ferstate Commerce Commission and can
not be obtained in state court.
All the Justices concurrlng.
a true copy. -
Attest: D. A VALENTINE,
[SeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
FREE DIsPENsARY.

QUINCY STREET FREE DIsPENsARY.
81 Quincy St Conducted by regular
Zeal service free, Medicine free in come
cases. Office hoirs to p. N. Calls
answered night or day. Ind phone 1851.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
No. 1923.
Charles J. Brenholts

NO 1b,U23.
Charles J. Brenholts
VS..
Volney T. Miller.
Error from Ness County.
AFFIRMED.
Syllabus By the Court. Benson, J.
Where the court has Jurisdiction of the
parties and the subject matter a judg-
ment entered by default quieting the title
of party in possession of land under a
tax deed void upon its face as a convey
ance is not nullity, and will not be set
aside on motion of a defendant filed more
than three years afterwards.
All the Justices conCurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
No. 1902.
Mary Mathes and ]. w. Mathes,


Mary Mathes and ]. w. Mathes,
VS..
The Shaw Oil Co.
Error from Neosho County.
REVERSED.
Syllabus. By the Court. Graves, )
gas and oil lease in addition to the
usual provisions, contained a clause to
the effect that if gas is found in any well,
sufficient to Justify saving and casing,
lessor may have enough for domestic pur-
poses, and the lessee the remainder. I'M
mediately following this, was a clause
which reads:-
If, however, second party shall use,
market or sell gas from any well pro-
ducing gas, it shall pay therefor fifty
dollars per year for and during the time
such gas shall be sold, marketed or used,
except for drilling or domestic use of
parties leasing to second parties"
Held that lessee is liable for stiplated
other than drilling.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
LEGAL.
No. 16,02S.
V. l.. Beshears

NO. 1bUZo-
Y. L. Beshears
VS..
Nilsson Distilling Company.
Error from Butler County.
REVERSED.
Syllabus. BY the Court. Buren,, ).
1. The rule that the courts OF TINS
state cannot judicialIy know the laws OF
another state. and in the absence OF eVi-
dence will presume them to be the same as
our own. applied in an action TO recover
the price of Intoxicating liquors. SOFA anu
delivered in the state of Missouri.
2. Chapter 325 of the laws of 1860 author<<
ling the institution and prosecuao,.nis i1 0I
civil actions upon causes of action aIls-IlS
under the laws of other states and terri
tories of the United states pTov I'D fb some ac
ton be a resident of this state, enlarges
the right to bring civil actions IN TINS
state and does not restrict the prosecutions
of suits maintainabIe here before the sta
tute took effect.
All the Justices concurrtng.
Attest: D. A. VALENTINE,
TSaaI.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
CHIROPoDY.

HENRY OBERG, National hotel. Turkish
baths. Ladies' work solicited. Belize. Ind isG4
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11

No. 5000.
The First National Bank of Lincoln,
Nebraska,
vs..
Elias Duncan.
Error from Sheridan County
AFFIRMED.
Syllabus. BY the Court. Mason j
]. Where demurrer TO a petition is
sustained and the case is thereupon dis
missed without prejudice at the request
of the plaintiff, a theory of the law ad-
yanced by counsel for the defendant on
the argument is not conclusive upon him
IN a subsequent action on the same mat
ter between the same parties
Z Where Htigant as a part of his
cause of action or defense asserts that he
Is indebted to third person, not a party
to the litigation, such assertion is not
conclusive upon him when subsequently
sued by such person.
All the Justices concurring.
A true copy.
Attest; D. A VALENTINE.
lSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
PATENTS.

J. A. RoSEN, patent attorney. SO Kan
sas ave. Topeka. Kan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
First published in The Topeka State
Journal May Z. 1901

THIRTY DAY NOTICE OF APPLICA-
TON OF BUSINESS COLLEGES FOR
A PERMIT TO CANVASS IN THE
STATE OF KANSAS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
Published in The Topeka State journal
May II. 1901
OFFICIAL COUNCIL PROCEEDINGS.
Council Chamber, Topeka, Kansas,

May 3, 1913.
Council met in regular session at 8
o'clock D. m. with the following council
men present: BIakely, Drew, Fink, Fraser,
Howard, Hughes, Jordan, I.annan, Miller,
Simpson, Stanley and Tandy-12. Absent,
none. Mayor Green in the chair.
On motion of Councilman Lannan the
reading of the minutes of the special meet
ing Of April 18th was dispensed with and
they were approved as written up by the
clerk, also the regular adjourned meeting
Of April 9th, two special meetings April
9Th, two special meetings April 18th and
special meeting April 18th.
Claims and accounts against the City of
Topeka were presented, read and referred
to the Claims and Accounts committee,
who reported the same back with the rec
omnendation that the claims be allowed
and paid from funds as follows:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11

No. 1880
T. o. Kelley
vs..
jerry Forney.
Error from Marion County
REVERSED
Syllabus. BY the Court Mason T
1. In an action of forcible entry and
detainer brought by the lessee of a cor
poratlon to recover possession of the
leased property, a defendant whose right
of occupancy has expired cannot question
the power of the corporation to execute
the lease; the fact that he is a stockhold-
er gives him no right to raise the question
of ultra wires in a proceeding of that
character.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
OSTEOPATHS

DR.. Nellie Sawyer, Ind. phone 1sS0. 8
K. A. Crawford Bldg. Elevator seryic
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
PICTURE FRAMING.

FRAMING, regilding, mat making, mount
ing done by ]. d. Sullivan. 122 w. Eighth
street Packing. shipping. etc
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11

FRESH cut flowers for all occasions to
be found at Hayes flower sto-a, 1c7 w.
sth. Ind. phone 81.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
First published in The Topeka State
Journal May 6. 1891

Sac superintendenatt. 81 PubIie instruction.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11

Nilsson Distilling Company.
Error from Butler County.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-11-26
Interest in George Sand.


George Sand died in 1876 at seventy
two years of age. Though she continued
to produce novels to the day of her
death-"I shall die" she said. turning
the wheel of the wine press"-her Tenown
was overshadowed, toward the last, by
that of the rising schools of realism and
naturaliSm; and for a considerable pc
riod after her death she was consign-
ed to q relative obscurity. Then, few
years ago. revival of interest in her
personality was created by the appear
ance of a number of books treating of
her private life, which gave rise to vio-
lent controversies. More recently, there
her writing accompanied by similar
LEGATION of several excellent critical stud
les. Rene Doumic elected to the French
Academy last spring., the latest critic
to make study of George Sand as a
writer. assigns her high literary and
INTELLECTUAL rank. He calls her the
good fairy of the modern romance and
pronounces her an indisputable genius.
n marvellous prose poet. an incompara-
BILE idylliSt. a master of a simple limpid.
flowing style and lineal descendant of
the great story-tellers. the French
raults. She impregnated the novel; he
says, with the poetry that was in her
soul. She gave it a f!exibility, an ampli-
tude, an influence. which it did not pos
sess before" In the evolution of mod
ern thought also he assigns her highly
important role. He holds that she in
carnated, so to speak. the sentiments, the
inspirations and the aspirations Of an
epoch.