davidaulloa/AmericanStories huggingface dataset:
Williams news., 1909-09-11
From Coast to Coast in Eighty Hours

According to the statement of the Santa Fe officials the new exclusive fast mail and express train will be put in service on Nov. 1. It will be the fastest train on any road in the country. The train is designed to capture the transcontinental mail contract, valued at $1, ,25O,OOO year.
 The new train will cut the pres- ent best time of 72 hours from Chicago to Los Angeles down to 60 hours and will make possible the sending of mail from coast to coast in eighty hours.
 The opening of the Belen cut off has made possible this new train. The new train will carry passen- gers as we'll as mail and expresss on the eastbound trip.
Williams news., 1909-09-11

It is with sorrow that we an- nounce the death of County Asses sor Wesley L. Jones, of Taylor, who died at hls home on Aug. 29. MT. Jones was pioneer of this county and one of our most respected citi- zens. He had been suffering from paralysis for some time.-Holbrook Argus.
 C.J. Connors, A. N. Larree and John Brown, Santa Fe swing men between Williams and Ash Fork, were braking on main line trains that were being detoured from here to Phoenix this week.
 Miss Lulu Heating returned to her studies at the Tempe normal after a most pleasant summer vacation which she spent in Will jams as the guest of Miss Alice Carlson.
 w. N. McGugin of Albuquerque, and Wm. Fields of Winslow, who were in the city for about ten days, left Thursday for Kingman, where they intend to organize lige nest of Owls.
 There will be special music at the M. E. Church, tomorrow, dur ing both morning and evening ser vices, furnished by the choir under the leadership of Prof. Richardson.
 The regular monthly pay day of the Saginaw and Manistee Lumber Company was yesterday and re. suited in prosperous trade at the local stores.
 Since the dalay of train service by washouts Albert Lebsch and family have given up the visit to Saginaw, Mich, that they were go- ing to take.
 If you know of news item tell !us about it.
Williams news., 1909-09-11
Northern Arizona Pioneers Met

The annual meeting of the North ern Arizona Pioneers Association which was held at Flagstaff last Monday was not as largely attend. ed as last year owing to rain.
 Governor Richard E. Sloan, who was the speaker of the day, deliver. ed an eloquent address, in which he paid glowing tribute to the sturdy pioneers who had made i, possible for Arizona to become what she is today and will be ir tue future.
 An old-fashioned rag time dance which was held at the court house Monday night, and was enjoyed by a large crowd. ended the days program.
Williams news., 1909-09-11
DANCE

SILvERNAIL HALL Monday night --- practice Friday night social
 Admission 50 cents.
Williams news., 1909-09-11

T. D. Fennessy, one of the most widely known printers in the United States, was in Williams Wednesday enroute to Colorado Springs to at- tend the board of trustees meeting of the Printers Home of which he is a member. The board meeting was to begin Thursday morning, but MT. Fennessy being delayed several days by washout the meeting was postponed until Monday. MT. Fennessy for the past ten years has been the foreman on the Los An geles Examiner, which position he still holds.
 R. c. Wente left yesterday for Charleston, West Virginia, where he will meet Mrs. Wente, who has spent the past summer there. MT. and Mrs. Wente will go from West Virginia to Manistee, Michigan for visit with his parents after which they will return to Williams on or about Oct. 15, and will move. into their cozy bungalow which will be complete upon their return.
 Mrs. Henry Seveirs, mother of Mrs. B. F. Sweetwood of this city, died at her home in Capistrano, California, Monday morning at 4:3O o'clock. The cause of her death being stroke of paralysis, which she received about three weeks ago. The deceased was seventy-two years of age. Her daughter, Mrs. Sweet wood, was at her bedside at time she passed away.
 FOR SALE-A new strictly modern 8 room house, nicely furnished, bath, hot and cold water, 13 lots all fenced. Price only $500 if taken soon. Inquire of Mrs. Al Wakefield, or at the Majestic Bar.
 George K. Eastman, president and manager of the Eastman Kodak Company of New York City was in Williams last Sunday, Monday and Tuesday,. He was returning from the Grand Canyon where he spent about three weeks. Mir. Eastman and his party travel in luxurious private car.
 Miss Helen Merritt, who spent this summer in Williams as the guest of Miss Lillian Terry, has been engaged to teach the school at Blackberry, Mohave county. Miss Merritt is a normal graduate and an able teacher. She taught in the city schools of Bisbee last year.
 Raise the standard and lower the prices is our motto. Almond Cream, formerly 50c, now only 25c at the Grand Canyon Drug Co.
 The local gun club members are very enthusiastic and live in high that the team of crack shooters that will represent Williams at Tucson shooting tournament September A 25, 26 and 27 will return home bringing with them a good share of the big money offered as purses.
 Mrs. Fred Marshall of Toronto, Canada, left for her home last week after two months visit with her son. Ross Marshall. Miss Kathleen Marshall, of Carnegie, Pa, a cousin of MT. Marshall, accompanied his mother home
 Mrs. Wm. H. Spencer, of Ash Fork, left for her home last Sun- day. Mrs. Spencer had been under the care of physician in Williams for some time, but had recovered her usual health before leaving for her home.
 Fresh fruits received daily. Tele- phone 3-1. Racket Store.
 Hon. Curtis D. Wilbur, judge oi the juvenile court of Los Angeles, was delayed by the washouts, and spent Tuesday in Williams. He visited the schools and gave a very interesting talk to the pupils.
 B. B. Crosby and R. s. Teeple have purchased the Smith Sheep Go. sheep on the Apache national
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
LEGAL

form of commitment prescribed in that
statute, directing the patient to be re-
ceived and maintained at the expense Of
in a revision laws 1901, CHI. 1853, sec. 60)
to read "at the expense of the state.
s. The fact that the probate court
found that a person adudged insane was
without sufficient means for his support,
and ordered that his maintenance should
be at the cost of the state does not con-
stitute an adjudication against the con-
tention of the PLAINTIFF in an action
brought by the state to charge the estate
of such person after his decease with the
cost of his maintenance at the hospital
for the insane.
All the justices concurring.
A true COPY.
Attest: d. A. VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
First published in The Topeka State
Journal May 7. 1901

TON OF BusINEss coLLEGEs FoR
4 al PERMIT E,F 1T 70 Ns CANVASS n IN THE
Topeka. Kansas. May g. 1909.
Notice is hereby given that the follow
ing business colleges cor eommereial de.
application to me for permit to canvass
in the State of Kansas for the purpose
ing or securing notes for tuition from stu
dents before their registration at the bus
mess colleges Coz commercial depart
Central Business College. Abilene, Kan
Enterprise Normal Academy. Enter
Parsons Business College. Parsons, Kan
Joplin Business College. Joplin, Mo.
Central Business College. Kansas City,
Walden College, Mcpherson. Kan.
Browns Business College. Kansas City.
York Business College. York. Neb.
Salt City Business College. Hutchinson.
Leavenworth Business College. Leaven-
worth. Kan.
Independence Business College. 1nde-
Concordia Normal and Business College.
Concordia. Kansas
Wichita Business College. Wichita. Kan
Wichita Commercial College. Wichita.
Kansas.
If satisfactory proof Is furnished that
any of the above named colleges or COM
mercial departments are incompetent to
furnish such a course OF instruction as
they advertise or that the moral surround
ings OF the institution are not good. or
that the premises are kept in an I'M
healthy condition, or that the agents of
said institutions use Misrepresentation or
fraudulent methods In securing contracts.
notes, or cash from prospective students.
in such case a permit win not be granted
to such business colleges Cor commercial
Departmental
e. T. FAIRCHILD,
state Superintendent of Public Instruction
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
LEGAL
No. 1904.
NJ. Sattinger.
The City of Topeka.
Error from Shawnee County

The City of Topeka.
Error from Shawnee County.
AFFIRMED.
SYLLABUS. BY the Court. Johnston: =. ].
IN fhe Act of 1881 relating to cities of
tne rrst class was a provision authoriz-
ing the mayor and council to designate
upon the giving of a bond conditioned
tnat the deposits should be promptly
paid upon the checks and drafts of the
treasurer. In the Act of 1888 this pro-
vision was slightly amended and under 1t
depositary was designated and the bond
In question, which was signed by the de-
PENDANT, was given. In 1903 there was a
revision of the laws relating to cities of
the .hrst class and the provision relating
TO depositaries was re-enacted substan-
ualty as 1t had appeared in the prior acts.
When the new provision was enacted the
section containing the prior provision was
l. In an action upon the bond that the
provision relating to depositaries con-
standing the changes in the form of the
statutes and further that the enactment
OF the later act did not abrogate the
ordinance passed in pursuance of the
2 When bank is named as deposit
tary of the city funds and tenders a bond
signed by sureties, in which 1t is recited
that the bank has been duly designated
Years the funds Of the ctty 0f are DEPOSITED
in the bank in reliance upon the bond and
thereafter there is a default in the condl-
ed to be at least a de facto depositary and
the sureties on such bond will be held
liable although the steps prescribed by
law in making the designation of the de-
Qositary may not have been strictly fol-
lowed.
g. A designation of bank deposit
tary is effectual so long as the city shall
continue to deposit its funds in the bank
and the bond given in pursuance of such
designation is deemed to be a continuing
obligation upon which the sureties will
continue to be liable for defaults unless
they have taken the necessary steps to
terminate their liability on such bond.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
LEGAL.


injury to such property caused by its
negligence or the negligence of con-
Meeting carrier to which such property
may be delivered or from whose line the
property may pass Under this provision
a contract was made by a railway COM
pany in Missouri for through shipment
of goods from station in Missouri on its
line and also over that OF con-
Meeting carrier to a destination in this
state and the goods not having been de-
livered the railway company claimed that
the loss occurred on the line of connect
ing carrier and that because of clause
in the bill of lading purporting to limit
If liability to loss or damage occurring ,i sa9:
Oh its own line it was not responsible for
the loss of the goods shipped under the
contract. Held: That as the initial car
rier contracted to carry the goods
through to destination it became liable
under the statute quoted for the negh-
gence of the connecting carrier notwlth-
standing the clause purporting to limit its
liability to the loss occurring on its own
line.
All the Justices conCurring
A true copy.
Attest: D. A. VALENTINE,
lSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 1864.
Charles w. Harrell,
Margaret Neef.

Margaret Neef.
Error from RawlinS County.
AFFIRMED.
Syllabus. BY the Court. Porter. ].
l; In a notice of publication a defend
ant whose name was Eliza beth d. Borth-
wick, was described Elizabeth D. Both
wick Held, that the names are idem
Sonans and the notice sufficient.
2. In an action to compel specific per-
Torrance of a contract to purchase lands
where it devolves upon the plaintiff to
show that she rendered an abstract of
title, the abstract itself and ex parte at
fidavits accompanying the same for the
purpose of proving who are the heirs of
a deceased person are competent evidence
showing the kind of abstract furnished.
3. Where contract for the sale of real
estate provides that the purchaser shall
execute mortgage to secure the purchase
price and is silent with respect to the
terms and conditions of the mortgage. 1t
is proper for the court to provide in the
decree for specific performance that the
mortgage shall contain the usual terms
and conditions of a real estate mortgage.
4. On the facts in this case, under the
rule declared in Dunn VS.. Mills, 70 Kan.
sos, the judgment decreeing specific per-
Torrance is affirmed. =
ALI the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 16,066-
Peter Kaiser, Amd'r.
We


AFFIRMED.
Syllabus BY the Court. Mason. ).
l. The provision of the constitution Cart.
T. sec. u that institutions for the benefit
of the insane, blind, and deaf and dumb,
and such other benevolent institutions as
the public good may require, shall be
fostered and supported by the state. SUBJ
ject to such regulations as may be pre-
scribed by law does not prevent legfs1a-
ton making the estates of persons COM
rnited to the state hospital for the insane
liable for the cost of their maintenance
there.
q Neither is such legislation in conflict
with the constitutional provision requir-
ing uniformity and equality in the rate
of taxation.
Under the provision of the statute in
relation to the state hospital for the in
sane Gen. Stat. 1883. sec 1925. Gen. Stat.
1901 sec 39SS) that If the probate court
shall find that person adjudged to be in
sane has sufficient means for his main
tenance and that of his family, without
impoverishment, 1T shall order his guard
ian to pay for his maintenance out of his
estate the state may upon the death of
a patient in such hospital recover from
his administrator the cost of his main
tenance for any period during which he
was possessed of means not needed for
the support of any one dependent upon
him.
4. The rule stated in the foregoing para
graph is not altered by the fact that the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 1905.
State of Kansas,

No. 16,0S5.
State of Kansas,
VS..
Henry Page.
Appeal from Wyandotte County District
Court.
AFFIRMED.
Syllabus BY the Court. Porter, J.
In a murder case where there is some
evidence which tends to show killing in
seIf-defense and that previous threats had
been made by the deceased against the
defendant, but the defendant makes nc
request for special Instructions and the
court instructs the jury to the burden
of proof and in general terms as to the
law of self-defense, 1t is not error to fail
to expand the instructions on those SUBJ
jects so as to apply them to the facts
which the defendant claims the evidence
shows.
+ All the Justices concurring.
A true copy.
Attest: d, A. VALENTINE,
TSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 16,0S7.
The State of Kansas


T, J. Bassnett.
Appeal from Finney County.
AFFIRMED.
Syllabus. BY the Court. Graves, j.
/. The crime or misdemeanor not
amounting to a felony mentioned in sec
ton u. chapter 81 of the act relating to
crimes and punishments being section 1897
Gen. Stat. 1901, need not necessarily be in
dependent of and separate from a homi-
eide intended by such section to be re-
duced from murder to manslaughter in
in and constitute part of such homicide
3. Where a homicide is committed under
such circumstances as would otherwise be
murder, it may be reduced to manslaugh-
ter in the first degree If committed While
attempting to perpetrate an assault, or
other crime or misdemeanor less than a
felony, upon the deceased.
3. A change of venue on account of the
prejudice of the inhabitants of the county
against the defendant should not be grant
ed unless it is made to appear to the sat
isfaction of the court, that the defendant
can not have fair trial in such county On
account of such prejudice.
4. Where, upon motion for a new trial,
1t is commended that a Juror, after being
impaneled to try the cause. made state
ments indicating that he entertained a
decided and hostile opinion against one of
the parties, which is denied, and the ques-
ton is presented to the court upon the
oral testimony of witnesses; and upon the
hearing, the court decides the question by
overruling the motion,-such decision viii
be deemed final and conclusive here.
5. Instructions examined and sustained.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
GSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08

No. 1901.
David Burke,
James ]. Spaight
Error from Atchison County.
AFFIRMED.
Syllabus. BY the Court. Mason, j.
l. The maker of a negotiable promis-
sorry note who has valid defense but who
is compelled to pay it because of it's trans
fer to an innocent purchaser. is entitled
to recover from the payee what he has
been compelled to pay. And If when sued
by the indorsee he has attempted with
out success, but in good faith and with
reasonable grounds. to show that the
plaintiff was not in fact innocent hold
err SO that he might make his defense
upon the merits, his recovery should in
clude the costs and his attorneys fee in
that action.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No 16, 0s2
The Missouri Pacific Railway Company,

Henry Baden.
Error from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Johnston. C. J.
In Missouri there is statute substan-
TALLY providing that when property is re-
ceived by a common carrier to be trans
ported from one place to another and
where it issues receipts or bills OF ladfng
1t shall be liable for any loss, damage or
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 1867.
The City of Arkansas City,

vs.
Evelyn S. Payne.
Error from Cowley County.
AFFIRMED.
Syllabus. BY the Court Graves. j.
l. Where a plaintiff files a petition in
an action to which the defendant files an
answer and cross-petition which is after
wards dismissed such pleading may be
used by the plaintiff as evidence upon
the trial. if it contain statements which
amount to admissions of the defendant
material to the plaintiff
2. A person who RECEIVERS damages for
a personal injury is entitled to compen-
satton for future pain and suffering where
the evidence shows that such pain and
suffering will be a reasonable result from
the injury sustained.
5. Instructions examined and sustained.
All the Justices concurring.
A true copy,
Attest: D. A. VALENTINE,
LSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08

DR. H H. KEITH surgeon and diseases
of women. with private hospital Office
ia Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 1868.

No 1868.
Maize Schroeder and Howard W.
Schroeder,
vs.
Mary L. Griggs and Mary A. Ford.
REVERSED.
No. 5000
E. B. Whittiker and F. M. Whittiker.
Mary L. Griggs and Mary A. Ford.
Error from Finney County
L. A Dockum and Jennie L. Dockum,
Mary l. er5 REsv rs msry A. Ford.
Error from Finney County.
Syllabus. BY the Court: Benson, J.
an action of ejectment by the defendants
holding possession and claiming title I'M
der it, which had been of record more
commenced, should be read in the light of
every reasonable presumption in its favor.
,. Where the printed form of a tax
deed with blanks to be filled prepared
for use in cases where several tracts have
been assessed and sold separately, but are
to be conveyed together. was so changed
by striking out words and interlining 9TH
ers as to leave recital TO the effect that
the land could be sold for the amount of
tax and charges thereon and was there
fore bid off by the county treasurer for
the county; Held, that an examination OF
the whole instrument with the changes SO
made clearly shows that the omission OF
the word not which should have been
inserted aTter the WORD neither had been
stricken out, was a mere clerical omis-
sion.
g. The general rule is that a written
contract should be construed according to
the obvious intention Notwithstanding
clerical rrors and omissions therein
which can be corrected by perusing the
whole instrument.
4. The foregoing rule of Interpretation
is applicable to the tax deed in question
in the circumstances stated in the opin-
ion.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaIJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08

No 1906.
Michael Heery and Edward L. Mooney,
Executors, ETC.
Maggie Reed
Error from Shawnee County.
AFFIRMED.
syllab4@ss bus BY the Court, Johnson. E. =
testify in her action against the executor
in regard to her services in nursing and
caring for deceased and of other trans
actions had personally with deceased but
as the same facts were shown by other
testimony and there was in fact no con-
Trajectory or conflicting testimony on the
subjects the error in the admission of the
testimony is not material.
2 Under an oral agreement a girl was
i've With an9 work yne oe 81 bi bo
death of himself and wife in considera-
ton of which she was to receive the
property of decedent at his death. In ex-
ecution of this agreement she faithfully
served decedent for twenty-five and one
Vars befor ah b,s dea+ e[ m lew lew
the $500 on account and at the same time
fraudulently induced her to sign a receipt
containing provision of which she was
not aware acknowledging payment in full
of all debts and demands, and when he
died it was found that no provision had
been made by will or otherwise. to com
pensate her for her services under the
agreement, Held:
]. That the contract, although not in
writing, is enforeible.
2. That as performance of the contract
was to be completed and compensation
pdl0 at the O6dln OIL deceOeHL ana mis- WlIo
the statute of limitations would not ordi-
narily begin to run on her cause of ac-
ton for her services until that event
TRANSFERRED.
8. The fact that there was renuncia-
ton of the contract by the decedent be-
fore his death did not compel her to end
the contract relation. She was at lib
erty to keep the contract alive and await
the time for final performance specified in
the contract.
4. Held further that the testimony suf-
ficiently sustains the findings and verdict
rendered in her favor.
All the Justices concurring.
A true copy. H.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 16. 074.
Bertha J. Balm


Arthur Peyton.
Error from Lyon County.
REVERSED.
Syllabus BY the Court. Graves, J.
/. In an action of ejectment where the
controversy depends upon the location of
the boundary line between lands owned
by the parties to the action, evidence may
be produced to establish such line other
than a survey made under chapter % Gen.
Stat. 1901, when no such survey has been
made.
In such a case, survey made by
a county surveyor or his deputy, not in
compliance with the provisions of chapter
% Gen. Stat. 1901, is admissible evidence
and should not be excluded or disregard
ed.
In an action which involves the loca-
ton of a disputed boundary line where
no survey has been made under the pro-
visions of chapter Is Gen. Stat 1901, that
law has no application and the contro-
versy may be properly adjudicated upon
other testimony.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
PHYSICIANS AND SURGEONS.
IDA c. BARNES. n. D.

Office 726 Kansas ave. Residence Thir-
tenth and Clay. Office hours a. m. to
phones is residence and Ind. 1915 office