davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

No. &c. i'll.
J. NJ. Walbridge
VS..
Christian Walbridge.
Error from Jefferson County.
AFFIRMED.
Syllabus. BY the Court. Porter J.
/. In civil actions for dam ages the mo-
tive, design or intent of the defendant
becomes material only where the act
which occasions the injury is not unlaw-
full, or where it affects the amount of re-
covery.
2 In an action for damages for assault
and battery the defendant is liable for all
the natural and proximate consequences
of his wrongful act, whether the conse-
quences have been foreseen or the in
juries are more serious than were in
tended.
All the Justices concurrfng.
A true copy.
Attest: D. A. VALENTINE,
lSeaIl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 16. los.
Fetzer & Co.

No. 16. los.
Fetzer & Co.
VS..
+. n. Williams.
Error from Smith County.
AFFIRMED.
Syllabus. BY the Court. Mason, ].
l. A party cannot rely at the same time
on inconsistent defenses. but inconsistent
allegations do not render a pleading de-
murrable.
2 No violation of the rule that the
adoption of one of two inconsistent rem
edies irrevocably bars a resort to the 9TH
err is shown by journal entry which
describes a proceeding as the allowance by
the court of a change of election between
inconsistent remedies, where it appears
that what actually took place was that
a party was permitted, immediately after
amending his pleading so that 1t declared
that prior to the commencement of the
action he had adopted one of two repug-
nant theories, to change the amendment
so as to make it allege the adoption of
the other theory.
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. Is, 1853.
Ben A. Wood

No. Is, 953.
Ben A. Wood
VS..
Ira NJ Cobe, ct al
Error from Morton County.
AFFIRMED
Syllabus By the Court Johnson C. J.
J.. An indispensable prerequisite of the
right to open up a judgment under Sec
ton n of the code (Sectfon SO new code) is
that the applicant shall make it appear
to the satisfaction of the court that during
the tendency of the action he had no act
ual notice thereof in time to appear and
make his defense
2 Mere oversight and fnadvertence of a
party in failing to make his defense at
the trial of an action of which he had
actual notice does not JUSTIFY the opening
up of the judgment under that provision
of the code.
All the Justices concurring.
A true cupy.
Attest: D. A. VALENTINE,
LSeaL] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07


n. A. Yeager
VS..
Granville p. Altman.
Original Proceeding in Quo Warranto.
DISMISSED.
Syllabus BY the Court. Smith ]
l. Article 6, Chapter Sc, General Statues
of 1901, constitutes the officers and mem
bers of the State Senate as a tribunal 10
hear and finally determine a contest of
the election of any person declared elect
ed judge of q district court in the state,
and is valid.
2 When, in such case. a contestor in
vokes the Jurisdiction of such tribunal
and the contest is begun therein but is
finally dismissed on the order of the
tribunal for the failure of the contes|or
to state the grounds of contest as re-
the order of dismissal is analogous TO stIs-
tanning a general demurrer to a petition
in court and is a final determination of
the contest on its merits.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
ISeaIl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

No. 16,110.
Theodore r. Converse, Receiver, ct al,
VS..
J. H. Edward.
Error from Reno County.
REVERSED.
Syllabus. BY the Court. Smith, J
The second count of the petition in this
case is sufficient as against a demurrer
on the grounds that the facts stated are
not sufficient to state a cause of action
and that it shows upon its face that the
cause of action therein stated is barred
by the statute of limitations.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

not to be considered for any other pur-
pose than to determine defendant 5
mental responsibility for the act.
All the Justices concurring.
| true copy.
Attest: D. A. VALENTINE,
LSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
D. A. VALENTINE.
Clerk Supreme Court.

No. 1922
The Board of County Commissioners of
the County of Jefferson
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

=
/. A person whose interest in real
estate has been barred by Judgment
quieting title rendered IN an action 70
which he was not a party. wherein ser
vice was made by publication only, has
the same right to have the judgment
opened and to make his defense that the
party from whom he obtained such In
terest has under sec. AZ of the civil code.
Gen. Stat. 1901. sec. 45l1.)
?. This rule should be applied to a per-
son who holds title under a conveyance
in such a proceeding has been entered, II
there is imputation OF bad faith and
no intervening equities are effected.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ESeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

d. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

A VALENTINE.
ERIK Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 16,107.
NJ. Toffler
Nh 1525

The Grand Lodge of the Independent
Order of Odd Fellows of the State of
Kansas
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16

by Rev. Cation in the presence of large
gathering. Miss Mary C. Davis. a sister
of the bridegroom. was maid of honor
and the bridesmaids We're Misses Hazel
Norris of Baltimore. Courtney Williams
of Evansville, Md, and Mabel Kind'ey Of
Frederick The bridegroom's cousin, Not
ley Davis of Hyattstown, was best man,
and the ushers were Messrs. Dutrow
Linthicum and James Harris and DIR.
Charles J. Price. all of Hyattstown neigh
oorhood. Preceding the ceremony a we'd
ding breakfast was served.
The will of Mrs Priscilla ]. Poole,
widow of Reginald Poole, who died re-
Gently at her home near Poolesville. this
county, has been admitted to probate in
the orphans court at this place. The in
strument bequeaths 500 to the vestry of
ST. Peters parish, diocese of Washing
ton, the interest from which is to be
applied To the payment of salary Of rec
: tor of Christ p. F. Church at Barnes
VILE, this county, until the sum is need
ed to repair the church building. when
it is to be so expended: 500 to the P. f,
Church for foreign missions: 500 each to
Batsin Hays. Frederick Hays. Leonard
II. Poole and Reginald Poole. nephews of
testatrix, and Pauline Hays. niece: $500
to Mary ". Poole, niece. in trust for
her daughters, Mary. Sallie and Eleanor
Poole: $500 TO children of Leonard T.
Hays. and residue to be divided equally
among Frederick p. Hays. brother, and
children: Richard p Hays, brother,
and children, and Mary Martha Jones, a
sister. and children. Leonard n. Poole,
a nephew, Is named as executor without
bond.
Licenses 10 marry have been issued
here to Wallace E. Harding, aged forty
six, a widower. and Miss Homa Rock,
aged twenty-six. both of Washington,
and Miss Nellie May Linthicum and VIII
liam w. Hawkins. both of this county.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16

the Nautical Almanac, which IS legaily
distinct from the observatory, though for
present convenience 1t has lately been
connected with 1t.
Secretary Of the Navy at any time. so
1t is of no importance to the present ques-
ton.
DIR. Ira Remsen. president of the Ma
tional Academy of Sciences and of the
Johns Hopkins University, says:
There is no doubt in my mind that the
superintendent of the United States Naval
Observatory should be an eminent as
recommendation is made in the Presi-
dents message.
Others who have warmly commended
the idea of utilizing the splendid equip
ment of the Naval Observatory fol
scientific work are Prof. Charles Lane
Poor astronomer OF Columbia University;
Director Boss of the Dudley Observatory
at Albany, Prof. f. w. Brown OF
Yale, Director +. B. Frost of the 1erkes
Observatory. Director Campbell of Lick
Observatory. Prof Catten of Columbia,
editor OF Popular Science Monthly and
Science and indeed all scientists might
be included as they have long held the
same view of the situation.
Prof. Cattell says: Our government
does more for science and its application
for the welfare OF the people than any
other government, and this country Is
making more important contributions 10
astronomy IMAM ANY QUIET but ~ - WI
fortunately the case that our Naval OBJ
servatory is accomplishing less for as
tronomy and its useful application than
the observatories of the other great ma
tons. This is not due to lack of ade-
quate appropriations. but to unsuitable
organization
The board of visitors, whose report
urging the proposed change in the man
| agement of the observatory is quoted by
| the President. had as Chairman William
2. Chandler. senator and ex-secretary
Of the navy, while its scientific members
were Prof. Pickering, director Of the
Harvard observatory; Director Hale.
now OF the Carnegie Institution Observa-
tory in California, and Director Com
stock of the University of Wisconsin OBJ
servatory.
That officers OF the navy themselves
appreciate that the present condition adds
no luster to their fame and is instead
detriment to them Is shown by a state
ment made by Rear Admiral Cowles at a
hearing which the naval committee OF the
House kas already held on this question.
He said that although 1t is his view that
the observatory should continue under
supervision OF the Navy Department he
sees no objection to placing it in charge
Of an eminent scientist
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16
Knights of Pythias Give Dance.

A vaudeville entertainment and dance
was given by the members of Harmony
Lodge. No. 81, knights Of Pythias, Tues
day evening at Pythian Temple. The pro-
gram included fancy dancing by Miss
Mary Lipp and Miss Leona Callan; GYM
nastic exhibitions, Jeual Nardette; read
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16
ROCKVILLE AND VICINITY.
peciai Correspondence Of The star.

Special Correspondence Of The Star.
ROCKVILLE, Nd. December l6, 1909
The Southern NJ E. Church at Hyatts-
town. this county, was the scene Of the
marriage OF Miss Carrie Olivia Warfieid.
daughter of Mrs. Ella B. Warfield of
Hyattstown, and Ira Lynnwood Davis. a
young resident OF that locality, yesterday
afternoon. The ceremony was performed
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16

1t pays to read the want columns of
The Star. Hundreds of situations are filed
through them
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16

ing. P. c. Bowen: black face monologue.
irwin. Pridgeon; songs. Walter Busey. a
sketch. A West Point Regulation was
presented by the Takoma PLAYERS
Dancing continued until midnight.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16
Navy Needs Its Men.

Besides, the navy is no longer hunting
for work for its Surplus officers. The
Navy Department has said this many
times. Just now il again announces that
1t ..has found that there is INSULT
cient number of captains and commanders
To perform all the necessary duties TO
which officers of these grades are eligible
for assignment.
All sorts of plans have been tried to get
around the difficulty OF lack OF scientific
head to the work at the observatory.
None has ever been practicable aid all
We're soon abandoned.
The professors of mathematics and the
civilian astronomers who do the scien-
tific work of the observatory have been
accustomed to do each what he considers
desirable to do. and that may be much or
little. He has never been rewarded by
any recognition when his work was OF the
highest quality and quantity. nor has he
suffered when the reverse was true.
1t is certainly greatly 10 their credit
that several of them have achieved as
the history of the observatory shows,
lasting distinction for their scientific la
bors But at best ii has been One-man
ought to produce.
Formerly several line officers were de-
tailed to the institution. OF late years
they have been needed elsewhere. SO that
now there is none there outside the
Superintendent and one extra number
lieutenant, not available for sea duty.
who supplies the Western Union Tele-
graph Company with the correct time.
Work Done for Navy.
What the observatory does for the navy
is to inspect. test. regulate. store and
issue thermometers and other scientific
instruments used in navigating our ships.
That this is only very small part OF
the work. possible in an observatory
which has large and fine astronomical
instruments Is clear.
Several secretaries of the navy have
taken the position that il was a burden
on the navy TO require its officers to ad-
minister work which they necessarily
knew so little about as the science OF as
tronomY, and have strongly recommended
that civilian head be authorized by
Congress. or course this has not included
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16
Expert Talent Needed.

The experience of our own and other
countries shows that there is no estab-
Iishment whose success depends more
completely upon the special qualities Of
its managing head than does a great as
Economical observatory. 1t might also be
said that scarcely an observatory of the
world has ever become great except
through the agency of the astronomer in
charge of IT, because to perform the best
work cooperation and continuity are es-
senfialS.
There is no need for the government to
have a national observatory at all If it
merely does what private institutions are
doing Its use is above all things to un-
dertake and to carry out long pieces of
important work of such sort and on such
a scale that others cannot do 1t, though
il is OF tine greatest value to science and
10 the people.
Such work is entirely impossible. no
matter how able the naval officer might
be. If he is merely detailed for a few
years to the observatory to manage the
business part and mot interfere with
what each professor there wants to do.
There were times when a naval officer
had plenty of time to become a good
amateur astronomer when his tastes lay
in that direction. Now his professional
work has. II Is said. become so complex
aud difficult as to demand all his atten-
ton.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16
Greatest Observatory.

I'm fact" said Washington scientist,
measured by cost of construction and
equipment and annual expense of main
tenance, 1t has for at least twenty years
past been without exception the greatest
astronomical observatory in the world.
But when Importance and amount OF
work produced is considered Its present
standing Is so deplorable that no AInerl-
tan can regard it with pride.
1T is generally ranked below observa-
tories which are run at half it's cost
In 1896 the astronomer royal Of Eng
land and the oxford professor of astron-
omy visited several observatories in the
nited States. including the one at
Washington. When they published an ac-
count OF what they had seen all the rest
were highly praised. All they could say
about the Naval Observatory was:
Some fine buildings have been erected
and many excellent instruments are all
ready for use. The system of appointing
as director naval officer whose knowl-
edge Of astronomy is limited by nautical
requirements and changing him every
few years is still in force.
1T will perhaps be kinder not to say
more of this national observatory until
this system is altered
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16
Condition of Affairs.

The President touches on the peculiar
state of things at this institution when he
SAYS
THE generosity of Congress has pro-
vided i'm the present Naval Observatory
the most magnificent and expensive as
Economical establishment in the world 1t
is used for certain naval purposes wnicn
might easily and adequately be subserved
by small division connected with the
Navy Department at only a traction OF
the cost of the present Naval Observa-
tory
Scientists with one accord support most
heartily the position of the President.
Those in Washington are quite ready to
talk of the matter even though their OF
fetal positions prevent them from Deing
quoted by name
The question raised is as old as the OBJ
servatc- itself, because Congress never
las pIcided any organization for the
observatory said what 1t is there Tor
or what its duties are. Originally 1t was
called merely "a depot of charts and in
struments for the navy. Then for
time it was called the National Observ-
atory," and finally it long ago took the
name of naval though at the same
period it entirely outgrew naval necessi-
ties, and in the number and size of its
Instruments it became the equal of the
great national observatories of the world.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16

There is no message of love, affection, goodwill
or friendship that cannot be conveyed in book
Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-16
OBSERVATORY HEAD
Scientist Favored for Com
mand of Institution.
PRESIDENT FINISHES 1T
Has Asked Congress to Supersede
Naval Officer.
SUGGESTION WINS APPROVAL
Conditions Which Make It Desir-
able to Have Expert as
Director.
PRESIDENT TAFTWISHES 1T
SUGGESTION WINS APPROVAL

In tho Presidents recent message he
urged Congress TO make provision by law
for the appointment of an eminent as
fronomer as director of the Naval OBJ
servatory.
This director. he said, should be APP
pointed by the President, by and with the
advice of the Senate, and have a rela-
lively permanent tenure of office, not
holding it merely by detail OF two or
three years duration. This was the rec
ommendation of the official board of Wis
itors appointed in 1901.
The President adds
II am sure I express the desire of the
astronomers and those learned in the
kindred sciences when I urge upon Con-
gress that the Naval Observatory be now
dedicated to science, under control of a
man of science who can, IL need be. rem
der all the service to the Navy Depart
ment which this observatory now rem
ders and still furnish to the world the
discoveries in astronomy that great as
tronomer using such plant would be
likely to make.
Arizona republican., 1909-06-10
TUCSON TEAM ID BE HERE
 CH FIFTH OF JULY Pr7 SALT RIVER VALLEY TEAM WILL BE STRONGEST IN
 ITS HISTORY. w. N. Stevenson is Arranging Details For Two Games With Old
 Puebloites.

The arrangements have not been entirely completed, but it is assured that the Tucson baseball team will be in Phoenix on July 4th and then on to Mesa on July 5th at which time Mesa will organize a ball team composed of the very best players in the valley. The teams representing Mesa will in reality be Salt River Valley team
 w. N. Stevenson has charge of the base ball arrangements and may be depended upon to get the very best base ball material to be had in the territory here on the Fifth of July.
 It has not been definitely settled, but it is anticipated that the game will be pulled off on the Vance grounds in the rear of the audito- rum. It will be possible to ar range these grounds so that a gate fee can be charged and collected. While the fence surrounding the grounds is of Page wire, yet it will not allow close inspection of the game unless a gate fee is paid.
 In connection with the game it is planned to open the Vance audito- rum for dance in the afternoon. This is for the accommodation of those who are asking for something to be doing every minute in the day.
Arizona republican., 1909-06-10

whiskey to Ed. Hansen that drove him to make an attempt at an un- printable crime on an eighteen months old babe
 While the crime hanging over the Apache may not be so severe in the eyes of the law from the fact that the baby is getting along as well as can be expected with good chances for her complete recovery. Drs. Nelson and Drane performed an op- eration Tuesday afternoon and it is anticipated that everything will be as satisfactory as can be expected. The report was circulated Tuesday even ing that the child was dead, which caused considerable indignation, but the rumor was without foundation.
 Immediately after the Indian had been placed in the Phoenix jail the search was taken up to find out who sold the liquor. It was positively known that two Apaches had been to Mesa on the day of the outrage and Under Sheriff Jeff Adams went direct to Fort Mcdowell and returned to Mesa yesterday forenoon with the Indian who was with Hansen to learn if possible the source of their whiskey supply. Jeff Adams and Marshall Peterson immediately after the noon hour took the Apache and went to several MeXicans about town in a search for the guilty parties.
 Marshal Peterson was finally told by a Mexican that he had seen some Indians receiving whiskey the day before and had seen men carrying it to them on bicycles. This furnished a clue and the officers proceeded to ferret it out. The Mexican who had been accused by one of his pals was accOsted while out in the field by Marshal Peterson and immediately denied the charge. The Indian was not sure whether it was the man who had given him and Hansen the whislley. However, it is the opinion of the officers that they have the right man and Officer Adams took him on to the Phoenix jail where he will answer to a serious charge.
Arizona republican., 1909-06-10
BATES NOT GUILTY.

The case of T. M. Bates, who was charged by three MeXicans with an assault, was tried yesterday after noon in Justice Irwin's court. Attor- neys Pomeroy & Guthrie appeared for the defendant and handled their case in splendid manner. The jury was out less than ten minutes when they returned a verdict of not guilty. The jury was made up of the follow ing well known citizens: James And erson, Geo. Peterson, Don Brimhall, A. c. Kean, Thos Harris w. K. Bowen, Geo. Fryer, Jack Allison, Oren Merrill, Nate Brundage and Ed Griffith. It appears from the evil dence that the men were in an intox- icated condition and used insulting language to the defendant whereupon he proceeded to deal with them viz Orously.
Arizona republican., 1909-06-10
.REV. MADDOX EXPLAINS
 CHAPLA|NCY DISPATCH
He Simply Investigated Army Posi-
 tion Through Some of His Friends.

Rev. c. Sidney Maddox of this place explains the cause for the spe- cial dispatch from Washington June in regard to Delegate Cameron seeking to have him appointed as a chaplain in the navy.
 Rev. Maddox says:
 Editor Republican:
 Allow me to state that I have made no application to the United States navy for a chaplaincy Through some of my friends I inves- tigated chaplaincy in the United States army and I found after re- ceiving blank application from the chief of staff, that owing to the ex- isting conditions I would make for nal application.
 May l say for MT. Cameron that he has been courteous and prompt to
Arizona republican., 1909-06-10
PROFESSOR LOPER ID BE AT HEAD OF PHOENIX SCHOOLS
Final Details Were Completed Yes terday Evening at Mesa Board Meeting.

Tn final dcision was made yester- day afternoon toward the resignation of Professor John D. Loper, who has for so many years been in charge of the Mesa schools, and it has been de- cided that he will go to Phoenix where he will be at the head of the schools of the capitol city. Special inducements were offered Professor Loper to stay here, but even though the twelve hundred dollars difference in the salaries of Phoenix and Mesa be made up by private subscrip- tion it would in that case work a hardship on some of the taxpayers. The Phoenix board and Professor Loper reached a final agreement yes terday morning and a meeting of the Mesa board was held yesterday aft ernoon which finally decided the mat ter definitely.