davidaulloa/AmericanStories huggingface dataset:
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

ney disease attacked
me. The pain in my
back was 50 agOniz-
ing l finally had to
give up work. Then
came terrible attacks
Of gravel with acute
pain and passa geS
of blood. In all J
passed % stones,
some as large as u
bean. Nine years of
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

The technologic branch 0f the geolog-
cal survey is experimenting with a new
oAygen apparatus, which may be worn
ike knapsack to permit a man to enter
poisonous gases or smoke.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

DO not neglect constipation, for this
condition poisons the blood and leads to
chronic i'll health. Garfield Tea, the mild
herb laxative. corrects constipation, keeps
the blood pure. and the health good.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

The recent discovery of human remains
n a Swiss cave has led German savant
o declare that man lived there before
he last glacial epoch, at least 100000
years ago.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05
Post Cards for Sale

We have series Of sixteen post cards
which we offer for sale for Is cents in
stamps-S cards illustrating views in
the Washington Park zoo and the bal
ance taken Of animals in the Ringing
Brothers menagerie. This is a very in
teresting lot OF cards. Ii you do not
wish the entire series, send 5 cents in
stamps for samples THE EVENING
WISCONSIN CO., Milwaukee, Wis.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

Anna D. Adams Theatrical Beauty Pug
lie. 10000 prizes to those who solve it.
Abuses young and old. Send Zoe to-day.
Room 212. 80 State street, Chicago
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

! In Paris, France, there is a special
school for walters. Students are taught
! four languages, geography, artistic dec
Grafton and dancing, as well as minor
accomplishments.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

In Holland all locomotives are unde
the supervision Of the government ant
are required by law to be equipped will
devices to consume the smoke and pre-
vent the emission Of sparks.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

weight in paper when made into that
commodity. Cornstalks viii yield AZ per
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

! A long series of experiments has dem
3nstrated that hollow copper rods make
| The best lightning rods.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05
Only one "BRonTo QUININn"

That is LAXATIVE BROMO QUININE. Look
for the signature of Il. w. GROVE. Used the
World over to Cure Cold Ia One Day. 25c.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05
More Than FiguratiVe.

Alas" sighed Weary Wigges, gazing
dejectedly upon his torn and tattered
trousers. Pm afraid these here pants
is on their last legsr'-Lippincott'
Red, NVcnk, Weary, Watery Eyes
Relieved by Murine Eye Remedy. Com
pounded by Experienced Physicians. Mu-
rine Doesn't Smart; Soothes Eye Pain.
Write Murine Eye Remedy Co, Chicago,
for illustrated Eye Book Free.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

MRS wINSLOw'S SOOTHING SYRUP fs-
Children teething; softens the gums. reduces IN
lsmmation, sllsys pain, cures wind colo. =
rents q bottle.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

\. W. Hide & Fur Co. Minneapolis,
Mimi, pay II cents for hides and high
prices for furs.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

A race horse galloping at full specs
clears from 20 to a feet every stride.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05
PILES CURED IN 6 TO IA DAYS

PAZO OINTMENT is guaranteed to cure any
case of Itching, Blind, Bleeding Protrud-
ing Piles in 6 to Ii days or money refunded
bOc.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05
AWFUL GRAVEL ATTACKS
Cured by Doan's Kidney Pills After
Years of Suffering.

f. A. Rippy. Depot Ave, Gallatin,
Tenn. saws: "Fifteen wears ago kid
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05
NEW DISTRICTS
OPENED FOR SETTLEMENT
800 Acres Of Land 70 EACH SETTLER-I6e Free
Homestead and $50 at $500 Per Acre
A Possible Reason.

Milwaukee Newsp Union d Madison Lists
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

Troubles too often come disguised.
Many a chaperon develops into match
maker.
Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1909-02-05

csier mare goods brighter and faster celors than oA
any saEaer without HIciag apart Grle Ter Tree heske
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
PRIVATE CAR LINES
Given a Slight Reduction by State
Tax Commission.

Among the appeals in assessment
made to the tax commission which
will be heard this week is that of
the Kansas City Stock Yards Com
pany, which claim that their personal
property was given. in correctly at
$31,70O and that the assessor added
$4,000 to that amount without war
rant or authority in the way of prop
erty to additional property to cover
any part of that sum.
The tax commission Will hear com
plants from the various counties from
the Sth to the 18th. Some fifteen
cases have already been filed, most of
them from lumber companies and pri-
vate corporations. From the 18th to
the end of the month the commission
will sit as a board of equalization
proper and hear the appeals Of pri-
vate individuals.
The commission today fixed the as
sessment against the private car line
companies of the state. The total
assessment of these companies is ST.
o47,170 this year as against $1,063,207
last year. There are SO companies
now as against 81 last year. The big
ones are the Santa Fe line, assessed
at $274,41O and the Pacific Fruit Ex-
press Company at $151,740- These
car line companies include refrigera-
tor, fruit and stock car lines.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
CARRIERS GET A RAISE.
Twenty-Seven Topeka Postoffice En-
pIoyes to Be Paid More.

Twenty-seven city mail carriers at
the local postoffice have received a
raise in salary of 500 a year. This
means $2,70O more next year sent to
the Topeka office for carrier bene-
fits The salaries at the office are
raised according to work and merits
of the employees. There are 35 car
riers in the office but the rest of them
have had raises within the last year.
The annual payroll at the local
postoffice amounts to about 100000
s'gThe office is growing as fast as the
city," said Postmaster a. K. Rodgers,
this morning.
The following carriers are en- the
honor roll for the salary increases:
J. P. Bauer, TheO o. Blank, Calvin
Conron, John ]. Curry, George Dagg,
z. p. Daniels, Fred C. F'arnsworth, s.
S. Ferguson. Howard Hannah, A: H.
Kline, NJ. McNerney, oscar r. Molz,
James H. Murphy, o. c. Myers. Frank
Palmer. Eugene Pollard, J. T. Por-
ter. Sam NJ. Robinson, A. NJ. Roush,
John Ryan, Allan P. Smith, Charles
H. Stewart, Charles Summers, Charles
Swearinger, John w. Swickard. John
p. Towner, Thomas A. Widener.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
CHASED UP TREES.
People Driven From Homes by Wall
of Water Feet High.

Chillicothe, No., July IA great
wall of water six feet high. sweeping
down both forks of the Grand river,
Joined at Utica, in the west part of
Livingston county today and the bot
tom lands here are now experiencing
a flood far surprising that of June.
Railway tracks and bridges are wash
ed out, stock is drowned and people
in the country have been driven to
the roofs of their houses and some
to tree tops. Several have been res
cued in boats and other rescue par
ties are at work.
Six section men are reported miss
ing.
William Christian is reported
drowned near Chillicothe.
Arthur Fiske, the station agent at
Gault, was rescued from the depot to-
day after being marooned SO hours.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
REAL ESTATE TRANSFERS.

~~|~N-~~~-~-~-~-----------
II. Magill and wife to A Neese, tract
in n. W. Il A-13-16. So O0
G. T. Lawrence to Chas Wolf Packing
Co, lots 126-2S-30 and 80 Crane st.
Cranes add ACKNOWLEDGEMENTS.
J. G. Harding to w. B. Foster and
wife. lots 612-14 and Is Highland
ave, East Hill add-............-...... !, 90
b. B. Giles and wife to w. J. Ricken-
hacker. pit. n. e. a 7-12-16. $500
NJ. Shuu to The Shawnee Agency
Realty Co. lot So Gilmore st, Irving
race add: OBSERVATION-DISCLOSURES.
G. E. Schooler and wife TO D. v Nc
Quain. pit lots ISL and 50 East First
St; Harvey,s sub .;..-----:-.:-...-...-1 ,5o'
A. 9. SeckreSt and wife to S. J. Noel
Ter, pit. lots and AZ blk. . Rich
land, also tract 1851 Richland ..-..... 90;
D. r. Jones and wife to NJ Massey.
lots 50 and Locust ST., Metsker's
r. J. Hibbard and wife to H MagiIl.
lot $40 and pit. A Lincoln St, TROOPS
End add. .......-............-......
NJ S. Black to c. A. Black ct al. pit.
lots 1868 and 90 and lots 221-3 and
and lots 322 and "A Kansas ave..
]. Chubb. and wife to The. Salvation
Army, lots lis and IS Illinois ave,
Sunnyside add to Highland Park
A. A. GLIB and husband to c. S
Elliott. lot $50 Kansas ave............. :. 5O(
c. S Elliott and wife to P. G. Nuffer
and wife. lot $50 Kansas ave. ......... . 5O(
NJ Z. Worrall to NJ B. Magoffin, lot
81 10th ave, west. Observation-Disclosures. !, 75(
n S. Black to c. A. Black ct al pt
lots 1S6 and IS Kansas ave. ...........4s
J. w. Ross and wife to w. Shoecraft,
lot 213l Buc hanan St----..-....---...- II
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
D. A. VALENTINE,
Clerk Supreme Court.
No. 16, 129.
The Wichita Sash & Door Compan

O.. lb,l
The Wichita Sash & Door Company
VS.
Charles We'll and Anna Well. His Wife,
Error from Sedgwick County.
MODIFIED.
Syllabus. By the Court Johnston, c. J.
recover a personal judgment against the
contractor and to forecIose mechanics
lien on the building and premises of the
owner a judgment by default was first
rendered against the contractor and the
foreclosure of the lien was adjudged. Sub
sequently the owner moved for the Vaca-
ton of the judgment and the motion was
allowed but the personal judgment against
the contractor was not formally set aside.
No defense was made by the contractor
and the court proceeded to try the case
as If the entire judgment had been Vacat-
ed and upon the trial allowed the owner
to contest the amount due and the extent
of the lien to be adjudged against his
property. Held: That the court should
have formally set aside the personal judg-
was not prejudicial error to try the ques-
ton of the amount due to the sub-con-
tractor.
2 In an action brought by a sub-con-
not defend against the claim the owner
may defend and for the purpose of ascer-
extent of the lien to be established against
his premises may allege and prove dam
ages resulting from defects and omissions
In the work performed or the material
furnished by the sub-contractor.
8. Where the owner asks for the with
draWal of an amount of money rendered
and paid into court to meet the claim of
the sub-contractor and which the sub-con-
tractor declined to accept and the court
grants his request and permits the with
drawal of the deposit such tender and de-
post cannot be regarded as effecting dis
charge of a lien properly perfected.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07


against an attaching creditor to reclaim
the property, which is not lost by delay
TO assert it, unless an intention on his part
is shown that the title should pass abso-
lutely. and whether that is the case is or
dlnarily a question of fact to be deter
mined in view of all the circumstances.
2. In an action for conversion the evil
dence tended to show these facts: farmer
residing some miles from a town delivered
wheat to a buyer there with the under
standing that it was to be paid for at
once; he received therefor a check on a
local bank, which he took home with him,
it being after banking hours; he did not
present the check until his next trip to
town, between two and three weeks later,
when payment was refused; the buyer had
no funds on deposit when the check was
drawn but had an arrangement with the
bank under which it paid his checks and
took bills of lading on the shipment of
grain as security; a week after the issu-
ance of the check the buyer became in
solvent and the bank attached the wheat;
after the dishonor of the check the seller
sued the bank for the value of the wheat.
Held, that his failure to make an earlier
presentment of the check did not con-
clusively show waiver of his right to
reclaim the wheat.
All the Justices c0ncurrlng.
true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 16, 433.
J. McCabe Moore.

NO. is, ABB.
J. McCabe Moore.
James M xs Nation.
Original Proceeding in Mandamus.
WRIT DENIED.
Syllabus. BY the Court. Burch, J.
l. The duties of a public office include
all those which fairly lie within its scope
those which are essential to the accom-
plishment of the main purposes for which
the office was created and those which,
although Incidental and collateral, are
germane to or serve to promote or bene-
fit the accomplishment of the principal
purposes. All such duties are official ana
the incumbent is obliged to perform them.
Duties not so related to an office are I'M
official, cannot rightfully be attached to
it and the incumbent is not obliged to
perform them.
guaranty of the right of trial by jury the
district court possesses, by yircue - the
sovereignty reposed in its, inner ut power
to provide itself with a jury. The legis-
lature may aid and regulate the exercise
of this power, but the selecting OF jurors
ritory to determine issues Of fact in court
is a court function cognate with that OF
hearing and deciding and is not admins
tratfVe in origin, purpose or character IN
the true sense of that term.
3. Chapter 232 of the laws OF 1907 re
quires the judge of the district court in
certain counties to perform the duties of
jury commissioner and authorizes him to
appoint jury clerk to assist him in the
performance of such duties. Held, the
duties prescribed are not administrative in
character, fall within the scope OF the Of
flee of judge of the district court and do
not appertain to another office within the
meaning of section 10 of article OF the
Constitution forbidding a judge of the
district court to hold any other office Of
profit or trust.
4. When a public official takes office
he undertakes to perform all it's duties al
though some of them may be called into
activity for the first time by legislation
occurring after he enters upon his term.
In such event he must perform the in
creased service without increased com
pensation unless the legislature has the
power and sees fit to grant him additional
pay.
5. The act of 1907 referred to contains A
provision increasing the salaries of dis
trict judges performing the services spe-
cified from $4,000 to $500 per annum. Sec
ton Is of article 3 of the constitution pro
vides that Judges of the district courts
shall receive such compensation for their
services as may be provided by law
which shall not be increased during their
terms of office. and that they shall re-
ceive no fees or perquisites Held, that
district judges in office when the statute
took effect were obliged to render the In
creased service without increased COM
pensatton for the remainder of their
terms.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1913.
In the Matter of the Estate of William E
Jones, Deceased. Jane E. Thomas, ct al

No. 1913
In the Matter of the Estate of William z.
Jones, Deceased. Jane E. Thomas, ct al
Hugh Williams, Executor.
Error from Lyon County.
AFFIRMED.
Syllabus. By the Court. Mason. j.
1. The provision that action for re-
tute of Limitation can only be brought
within five years after the cause of action
shall have accrued has no application to
a proceeding instituted in the probate
court by an executor for the sale of real
estate to pay debts of the testator.
2 There being no statute of limitation
relating to the matter the requirement of
the law is that such a proceeding can be
maintained only if begun within a reason
able time, in view of all the circumstances
of the case.
g. A delay of six years by a foreign
executor to petition for the sale of land
in this state to pay the Indebtedness of
the testator is not unreasonable when it
is OccaSioned by the tendency of Htiga-
ton carried on in good faith to determine
the validity and amount of such indebted
ness.
T. The allowance of a claim against an
estate by court having jurisdiction is
prima facie evidence of the debt, and of
its due presentment, against the heirs or
devisees. in a proceeding brought to sub
ject real estate to its payment
5. One who buys land in this state from
the devisees, seven years after the death
of the testator while resident of another
state is not protected as an innocent
purchaser against proceedings thereafter
brought to subject 1t to the payments OF
debts of the estate.
All the Justices coucurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

No. 16,145.
School District No. 127, of Reno
County, Kansas,
VS..
School District No. 49, of Reno
County, Kansas, ct al
Error from Reno County.
AFFIRMED.
Syllabus. BY the Court. Smith. ].
trict, at a regular annual school meeting
theI Elm, vote a tax the taxable prop
erty in the district at a rate authorized
by law and such as the meeting deems
sufficient for the various school purposes
and the district clerk of said school dis
trict certifies the amount so levied to the
county clerk of the county this constitutes
the levy of a school tax at such rate on
all the real and personal property in said
school diStrict.-Ceneral Statutes of 1901,
Sections, 6127, SIP and 6191.
The power OF levying taxes is a leg
islattve function and such power abides
only in the annual school meeting to de-
termine the rate of taxation sufficient for
the various school purposes.
5. The duty of the county clerk of ex-
sessment rolls of the county is purely a
ministerial function and, until such levy
Is made, the extension of assessment
upon tax roll affords no authority for
the collection of the tax.
4. A mistake of the county clerk in ex-
against the property in a school district
at a less rate than that levied at the an
nual school meeting in the district and
certified by the clerk thereof does not de-
aggregate sum collected through such
erroneous assessment.
All the Justices conCurring.
true copy.
Attest: D. A. VALENTINE,
LSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 16, 120.
Union Pacific Railroad Company

No. 100.
Union Pacific Railroad Company
o. L. Thisler.
Error from Dickinson County.
AFFIRMED.
Syllabus BY the Court. Mason, J.
l. Where in an action against a railroad
company for horses killed on the track
there was evidence tending to show that
the engineer (whose engine was running
forty-five miles an hour must have seen
the animals a quarter of a mile away, If
they were then on the track, finding
that he did see them at this distance is
supported by testimony of a witness that
the appearance of manure and tracks of
the horses between the rails indicated that
they had stood for some time at the point
where they were struck
Johnston. c. J., Smith, J., Graves, J.,
and Benson, J. concurring.
Burch, J., and Porter, j., dissenting.
A true copy.
Attest: d. A. VALENTINE,
TSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
d. A. VALENTINE.
Clerk Supreme Court
No. 1850.
The State of Kansas

No 16. 36a
The State of Kansas
VS..
L. w. Lahore.
Appeal from Decatur County
AFFIRMED.
Syllabus. By the Court. Benson, J .
l. Contradictory answers of a juror
while under examination concerning his
qualifications do not necessarily prove his
unfitneSs TO serve, and if after proper IN
struction by the court he appears to be
duly qualified, it is not error to overrule
a challenge based upon such answers.
. The unlawful acts specified in the
prohibitory law in defining a common
nuisance may be charged conjunctiveIy in
one county, and it is not error to overrule
a motion of the defendant to require the
prosecuting attorney to elect upon which
of the acts so charged he relies for con-
victiou.
3. The oral repetition of an instruction
to the effect that no inference of guilt can
be drawn from the omission of the defend
ant to testify. which one of the in
structions properly given in writing. is not
material error. if error at all.
f. a statement by the prosecuting attor-
ney in the closing argument that there
was no testimony to contradict the evil
dence Of sale Of liquor on certain day,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
LEGAL


if warranted by the proof. does not afford
ground Of reversal although the defend
ant did not testify the trial.
5. An instruction requested although
stating a correct proposition of law should
be refused if not pertinent to the evidence
or If it be included in substance in the 9TH
ers given.
Ali the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
LSeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1909
The Atchison, Topeka & Santa Fe Railway
Company
No. 16.O9a

Company
P. D. Schriver, Administrator.
Error from Chase County.
REVERSED.
Sylla bus. BY the Court. Graves, J.
1. In action against a railroad COM
pany, to recover damages on account of
death caused by it at an ordinary country
crossing, the court instructed the jury,
in substance, that a person about to cross
a railroad track upon public highway in
front of approaching passenger train
which he sees, may assume that the train
is not moving at a speed greater than
usual; and if, with this assumption, the
situation is such that a man of ordinary
care would not regard an attempt to cross
the track ahead of the train dangerous,
it will not be deemed contrfbutory neglig-
ence to make such an attempt. Held error.
2. Where a traveller is at an ordinary
country railroad crossing, and sees an ap-
preaching train, he must assume that such
train may be running at any rate of speed
which the business or necessities of the
company require, and act accordingly.
8. Instructions given in this case exam
fned and found misleading and erroneous.
All the justices concurrlng.
A true copy.
Attest: D A VALENTINE,
TSeaIJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1922.
The State of Kansas ex rel

School District Number One Edwards
County, Kansas. ct al.
Error from Edwards County.
AFFIRMED.
Syllabus. BY the Court. Johnston. C. j.
l. Primarily and ordinarily used in
a statute the word may Is permissive rath-
er than peremptory. 1t may be given the
imperative meaning If that was the
obvious intention Of the legislature but
the sense in which the word is used must
always be determined by the context Of
the act.
2. In the statute relating to school dis
riot meetings which provides that special
meetings may be called by the district
board or upon a petition signed BY ten
resident tax payers of the district" the
word may is used in its pernissive sense
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
LSeaLl Clerk Supreme Court.