davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. 1906.
Peter Heinz, Appellant,

vs.
Consumers Light, Heat & Power COM
pany, Appellee.
Appeal from Shawnee County.
AFFIRMED.
Syllabus By the Court. Johnston, C. ].
In an action against a gas company
for damages for personal injuries result
ing from an explosion of gas negligently
allowed to escape from open gas jets it
was shown that the company had munich
In the city and that it was it's duty to
place meters in buildings and apartments
TO be supplied with gas free of charge;
mat application was made to the COM
pany to place a meter in an apartment
and within day or two two men appeared
for which application had been made, and
after obtaining a key, entered the base
ment of the building and installed meter
Held: That these facts justified an in
ference that the men who placed the
meter were the employees of the gas COM
pany.
2. There was an explosion of gas which
escaped from jets left open in an apart
ment. The evidence relating to the open
ing of the. jets and allowing them to re-
main open is held to be insufficient to
warrant an inference that the jets were
negligently opened and left open by the
employees OF the gas company.
A motion for new trial Is necessary
to denomination of the facts in case
where verdict for defendant is render
ed on PLAINTIFF testimony by direction of
the court Darling VS.. Railway Co., rs
Kan. 1893.
Burch, J., Porter, J., Graves, J., and
Mason. J., and Smith, J., dissenting.
A true copy.
Attest D. A. VALENTINE,
LSeal] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
n A VALENTINE,
Clerk Supreme Court.
No. 1916
John T. Steele, Appellant

No. 1916
John T. Steele, Appellant
charlotte A. Dye, ct al, AppelieeS.
Anneal from Wallace County
REVERSED.
Svt1ah,Is BY the Court NAason. a
compromise tax deed over ~
wears old is not rendered void py q ssiss,
fbat the taxes subsequent to the assiS 4. !,
nen+ of the certificate were pald py tiie
n,rrchaser no amount being named, wiz
pc taxes due at the time of the compIoss
mise are shown to have peen eno - a O.
from its operation and no new taAesS al .
crued between such assignment anu IL
execution of the deed, and the consioera-
tion rscited in the granting clause Is t az
amount for which the cert1hcate was is-
sued. .--.,,+ +hat :, tax
aeed shall recite that the land sold at tax
sale has not been redeemed thSreLroli l., ,e
sufficiently fulfilled by recltal tnal ~ IN
owner has not offered to redeem II, .he
word "owner'' in this connectlon, as IN ine
statute relating to redemption, lnciu .. e;
any one who has substantial interest," Al
the property. 49,, daed ax
& Other objections to a tax oeeo eA-
amined and held not to be fatal
a stipulation that an action snal " ".
facts and that if the defendant preVa1ls
a certain Judgment shall be rendered. ooes
not prevent the PLAINTIFF from causing
dismissal without prejudice, IN Wnlcn cas-
the defendant will not have prevailed
within the meaning of the stipulation
All the Justices conCurring.
true copy. ~,,r,,r
Attest: y. A. xALf-N - f..
rSeaI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14

No. $3.50.
Richard Merywethers Appe11ee
VS.. -.
]. F. Youmans,xsAppellant.
Appeal from Sedg wick County,
AFFIRNED
Sytiabus.~ BY tho 'ourt. Johnston. G. =
e. ]: In actions for thaEeeovery of money
only the jurisdiction OF the civ court Of
Wichita is fixed by the amount claimed
and not by the amountof Indebtedness.
2 1t is the privilege of a creditor to
abandon or, remit part of his debt and
court and when he limits his claim to an
amount within the Jurisdiction of the
court he necessarily forgives SO much of
the debt as exceeds that amount
g. 1t is competent for the plaintiff to
set up an express contrast to pay specified
wages for work done and also that the
claimed. - 81 ~
A. Entries in the account book of
plaintiff, who could not read or write.
made by another upon plaintiffs dictation
about the time the transactions entered
were had may be received in evidence
wnen verified by the testimony of the per
sons making the entries and of the plain
TN that the items entered were CORRECTLY
reported by him.
All the Justices coneurring.
A true COPY
Attest: D. A. VALENTINE.
lSeail Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. 16,047.
w. D. Beougher, Appellant,

No. 1901.
w. D. Beougher, Appellant,
Ora Clark. Appellee
Appeal from Thomas County.
REVERSED.
Syllabus. BY the Court Porter J.
1. Where the owner of land lists 1t with
a broker under an agreement to pay
commission provided the latter finds a
buyer at a given price, the broker f. en-
titled to his commission when he has pro-
duced a purchaser able and willing to take
the property at the terms named. and is
not required to procure from the pur-
chaser a binding contract.
hands of several brokers for sale. the
owner is bound to pay the broker who is
the primary. proxinate and procuring
cause of the sale although the sale is con-
summa ted by another broker on different
terms. Votaw " McKeever, rs Kan SOD
3. In such a case, where a prospective
purchaser has been introduced to the own :
er by one broker and the negotiations are
pending and have not fallen through, the
owner can not. with knowledge of the
facts, complete the purchase with an
other agent and avoid his liability for the
commission due the first broker.
All the justices concurr1ng.
true COPY.
Attest: D. A. VALENTINE
lSeal-l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. 1925.
Fl. Rowell, Appellant,

No. 1926.
Fl. Rowell, Appellant
Vs.
j. NJ. Dosbaugh and The Cedaryale Oil.
Gas & Mining Company, Appellees.
Appeal from Chautauqua County.
AFFIRMED.
Syllabus. BY the Court Graves r
Where motion for new trial I'm which
there are ten separate and distinct
GROUNDS stated. has been sustained by the
does not indicate any specific ground upon
which the ruling of the court was placed
such decision will not. be reversed nv the
supreme court unless it is made clearly to
appear that 1t can not be justified under
ton. 'i-e Aio
All the Justices concurring.
A true copy.
Attest: d VALENTINE
tSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
LEGAL.


The State of Kansas, ex rel. Plaintiff
The Parsons street T Railway and Electrical
original Proceeding in Mandamus.
Peremptor X writ rai,r Aiiowe Mason. J..
with the control of such matters authorize
an S owner Of abutting properly. the value
of which is Thereby diminished, can not
interfere to prevent us coh i,,,anuen
fenced by it. In such case his only rem
edy. if any is by an action Tor the con-
The iegislature having paramount
authority over public streets may autnor-
ize a street car company, Mnicn mas ~ .
ordinance been granted a,gHr sS sub
way beneath the tracks OF ralIoa1;tt l ny
it may devolve the power 70 penny 81 az =
to require this upon the board Oh raiioau
:. Under the statute claws 1897. en-,
267, sec. /; Gen. Stat lSol, sec: os,1 now
er to determine whether there Is n tra IL
sity for the crossing of a raiiroad tra ae :
thereof whether it shall be over or under
the existing railroad, or at grace anS
in other respects the manner OF SUI Az
street Railway company to constrnhet, ,,s
subway in the street of city oe 81 accord-
tracks of railroad co n,lR}ations - it may
see fit to impose, so that they have rei a.
ton to the safe operation OIL oo'n 'ooN-
and are not unreasonable ,...,.,,, or
Unless the board acts arbitrarlly, VI
canriciously in such matter its deter.hiiia'
In a mandamus brought by the s.a -
to REQUIRE a street railway company ~ ~
Construct a subway beneath the u 1850
q railroad the city is not hecess@A
party ;,u,av conpany is
ope1 far a break caused by NUMBER
Of raiiroad tracks over which its ps aihsenfi
gers are transferred the poato - VI oaostr,,c,
Commissioners may require 1. "
a crossing below grade.
All the justices concurring.
true copy. war ENcrTNE
Attest: u: a. Snray,,a Court.
ISeal1 CLERK oo
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
D. A. VALENTINE,
Clerk Supreme Court.

Elmer A. Hanson, ct al, Appellants.
VS..
-. Oscar A. Hanson. ct al, Appellees.
Appeal from Brown County.
AFFIRMED.
Syllabus BY the Court. Benson. j.
1. A married man, may with the con-
sent of his wife given in the manner pre-
scribed by law, dispose of his property
by will as If unmarried.
2. Where a wife has so given her con-
sent to the will of her husband, it is not
necessary that she should be called upon
after his death to make an election under
section 1879 of the General Statutes OF
1901 although she is not named as bene-
ficiary in the will
All the Justices concurring.
A true copy. -
Attest: d. A. VALENTINE,
TSea11 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. 16, 2S4


The State of Kansas, ex rel,
VS..
The St. Louis & San Francisco Railroad
Company
Original Proceedings in Quo WarTanto
Demurrer to Answer Overruled.
Syllabus. BY the Court. Mason. ).
1. Where a foreign corporation com
plies with the terms of a statute provlu-
ing that upon performing certain condi-
tionS it shall possess in this state all the
rights, privileges and franchises confer
red by law upon a domestic corporation,
it will not be deemed to be within the
purview of a subsequent enactment re
Quiring foreign corporations seeking TO 90
business in the state to make application
to charter board for permission TO 90
SO. this requirement not being exacted OF
domestic corporations already formed
2. The statutes (Gen. Stat 1901, sec. LOO
Laws of 1907, oh. 40, sec. 80 requiring the
payment of certain fees upon the increase
of the capital stock of corporation do
ing business in this state refer to an IN
crease in the authorized capital, and such
fees are payable whenever there is an
increase in the power of the corporation
to issue stock in addition to the amount
of its original capitalizat ton. regardless
of whether any part of the new STOCK is
actually issued or subscribed for.
g.. A pleading which denies that a cor
poration organized under the laws OF an
other state has increased its capital stock
unless that result follows from certain
facts stated, which do not include the fill
ing of any certificate of increase with
the secretary of state of such other state,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. 1862

NO. 1O,OZJ.
The Bankers Deposit Guaranty and
Surety Company, Plaintiff,
VS..
Charles w. Barnes, Superintendent of In
surance of the State of Kansas, De-
fendant.
Original Proceeding in Mandamus.
PEREMPTORY WRIT ALLOWED.
Syllabus. By the Court Smith, ]
1. The provisions of section l, chapter
159, Laws of 1896. relating to the incorpora-
ton of surety, fidelity and guaranty com
BILE to the incorporation of companies or
ganized in this state for the purpose of
guaranteeing the payment of deposits in
state and national banks.
2. All of the steps to be taken and all
the requirements to be met to entftie a
company which has been granted a char
ter by the charter board of the state for
such purpose to obtain a certificate of
authority to do business in this state are
prescribed in section 8 of the above act,
and in sections 3419 1921 and 1872, General
Statutes of 1901 which by reference in the
act of 1906 are applicable to connection
Herewith.
3. When the corporation organized for
such purpose has compiled with all the
prerequisite statutory requirements, 1t is
the duty of the superintendent of insur-
ance to furnish the company with certl-
ficate of authority for 1t to commence the
business proposed in the charter General
Statutes 1901, section 3422), and such super
| intendent has no discretion to impose any
other requirement condition proceed
ent to the issuance of such certificate.
All the Justices concurring.
A true copy.
| (SesL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14

CAPITAL CITY vITRfFIED BRICK =
PAVING CO., IA e. 9Th st. Mfgs. -
building. paving end sidewalk brick
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14

D. A. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14

d. A. VALENTINE,
Clerk Supreme Court.
Omaha daily bee., 1909-08-08

on an extensive scale in 1903, but private
owners are evincing as much interest as
the factories and dealers. Although the
work Of organizing the tour has scarely
advanced beyond the preliminary stage, in
dividual entrants are among the most prom
inent features of The early developments.
Three handsome trophies have been offered
for the three ciasses-touring cars, minld-
ture tonneau and double rumble cars and
touring runabouts.
The scout car is the Chalmers-Detroi
80" the flag-to-flag car, which made the
famous gruelling scouting trip from Denver
to Mexico City. It's tentative course will
be from Washington to Baltimore. via
LAUREL; Baltimore to Philadelphia, via York
and Lancaster, Pa; Philadelphia to Mil
Omaha daily bee., 1909-08-08
Dates for Golf.

NEW YORK, Aug, There is a move
ment on foot to have the date for the Met
ropolitan open golf championship tourna-
ment changed, The reason is that 1t con-
flicts with two important events-the West
ern open championship and the Intercol-
leglate tournament, the first named to be
held at Skokie and the other at Apawamis,
Omaha daily bee., 1909-08-08

ford, Pa. via the Delaware Water Gap;
Milford to Albany. Albany to Boston, via
Springfield; one or two days stay in Bos-
ton, then Boston to New York by the
straightest course; New York to Philadel-
phia, possibly via Atlantic City; Philadei-
phia to Washington. via Baltimore. Tn.
total distance will be about 1900 miles.
Omaha daily bee., 1909-08-08
FROM WASHINGTON TO BOSTON
R~eIfabIIity Contest over Eastern
Roads in September.

HeIfRbIIIty CONTEXT OVer EaAterh
Roads in September.
NEW YORK. Aug. 1.-The pathfinding
Chalmers-Detroi car will lay out the route
for the Frank A.. Munsey reliability rum
from Washington to Boston and return,
September Fl to %. This will be the longest
touring event in the east this year, and,
although 1t YVES announced only a few
weeks ago, eight factories have entered
cars and twenty-five entries are practically
assured, with many others hanging fire.
AS the Glidden tour was early and en-
tirely in the west this year, the Munsey
run will offer the sole opportunity for
manufacturers to try out their 1910 models
Omaha daily bee., 1909-08-08
Postal Telegram

Moline, ILL.,, Aug. 7, 1909.
John Deere Plow Co.,
Omaha, Neb.
In three entries VELIE wins
Algonquin, ILL.,, two firsts and one
second, making better time on
hills than Moon, two Marions,
two Kissels, Locomobile, Charm
ers-D Detroit, two Bucks, two Mo-
lines, Falcar, Columbia, Grout,
Petrol. Performance remarkable.
Velie Motor Vehicle Co.
The citizen. [volume] (Berea, Ky.) 1899-1958, 1909-03-11

is about that Turn TO Jesus own
words in Matthew K. 32, 80: Whose
ever therefore shall confess Me before
men, him will I confess also before
My Father which is in heaven; but
whosoever shall deny Me before men,
him will also deny before My Father
which Is in Heaven" $50
Z once more. not to be a Christian
costs the sacrifice of eternal life, and
means to perish for ever.-How
plain the Word of God is about that
Take the words of Jesus Christ Him
self in John III. Il. Is, And as Moses
lifted up the serpent in the wilder
ness, even so must the Son of Man be
lifted up: that whosoever belieyeth
in Him should not perish, but have
eternal life" How plain it is. Be
lieve-haye everlasting life; not be-
lieve-perish. '''
Men and women, / put to you then
this question: Are you willing to pay
the price Of a Christless life? If you
are, | have nothing more 10 say. IL
not. ask you to stand right up and
profess your acceptance OF Christ
like men and women. Now l will ad-
init that you may gain something by
not becoming Christians. / will ad-
nit that 1t will cost you something
to become real Christians. II will i'm
all probability cost you the loss OF
friends that you hold very dear. /
never knew a man to step out OF the
world without losing friends. IL Will
cost YOU the loss Of money, for
real Christianity touches mans
pocketbook. am willing to admit
that. You cannot do some things In
business II you become a Christian
that add TO your income and which you
do to-day. will admit that. want
YOU TO know this. do not want you
to come out under false pretenses. 1t
will cost you very likely the loss OF
pleasures OF which you are very fond
and not for one day only, but for
weeks and months and years to come.
When gave my heart to Christ !
had 10 give up everything was
most addicted to In the days gone by.
the things without which, 1t seemed
The citizen. [volume] (Berea, Ky.) 1899-1958, 1909-03-11

Now / will admit that there are
a great many people in the world that
call themselves Christians, who have
just enough religion to make them
selves miserable. They are holding
TO the world with one hand. gener-
ally the right hand, and to Jesus
Christ with the other. OF course they
have not joy unspeakable and full Of
glory But show me a Christian who
has dropped the world with both
hands and viii show you a man or
woman that has joy unspeakable and
full Of glory. every time. But nobody
out Of Christ has Joy unspeakable
and full Of glory 49,
3 In the third place not to be a
Christian costs the sacrifice OF hope.
A Christian has hope.-As We read
in Titus T. 2. 'In hope OF eternal life.
which God. that cannot lie promised. 4"
oh, how magnificent that hope is.
hope Of eternal life, How sure il IS
resting on the Word Of God Who can
not lie. The world has no hope that
has any foundation. Hope for the
future is more important than pre-
sent possession. -
4 In the next place, not to be a
Christian costs the sacrifice Of the
highest manhood and the highest wo-
manhood Have you ever thought of
II, that we have all fallen away from
Gods ideal OF manhood and woman
hood through sin? Paul puts II in
his tremendous way. I'VE have all
sinned and come short OF the glory Of
Cod" all fallen short Of Gods ideal
OF manhood and the only way back
to 1t is by the acceptance Of those
regenerating and Transforming powers
that there are in Jesus Christ. =
5 In the next place not to be a
Christian costs the sacrifice of Gods
favour.-We have all sacrificed Gods
favour through sin. The only way
back to Gods favour is by the accept
ance of the Sin-bearer whom God
has provided. '''
6 In the next place, not to be a
Christian costs Che sacrifice of Christ's
acknowledgment in the world TO
come.-How plain the Word OF God
The citizen. [volume] (Berea, Ky.) 1899-1958, 1909-03-11

TO me life would not be worth living.
/ want you to know this tonight. We
want real conversion here. But l also
want to ask you a question: Are
you willing, for the sake OF a few
goddess companions that you are bet
ter off without, are you willing, for
the sake of a few hundred or a few
thousand or a hundred thousand, II
need be, OF silver dollars. are you
willing, for the sake OF foolish, god
less pleasures that are unworthy OF
a thinking being anyhow, and un-
worthy OF your brain and your feet
and hands, that men and women ought
TO be ashamed OF even IL they are not
Christians, like the dance, the card
table. the theatre, that intelligent
people ought to be ashamed Of even
II they are not Christians, are you
willing, for the sake Of such things
as these. TO sacrifice peace and JOY and
hope and manhood and womanhOod
and Gods favour and Christ's acknow
Judgement and eternal life. and perish
for ever? Are you willing TO make
so great sacrifice for so paltry
gain? 49,
The citizen. [volume] (Berea, Ky.) 1899-1958, 1909-03-11
Or. TORREY'S FIRST SERMON

DR.. Torrey's first sermon Tuesday
night was given 10 about ! 100 people.
1t was on the subject: What II
Costs Not To Be a Christian" Fol-
lowing are a few extracts from it
they give only a faint idea Of its
power and effect.
What does It cost not to be a
Christian? First Of all, what is it
to be a Christian? BY a Christian
understand. any man. woman, or child
that comes to God as a lost sinner.
takes Jesus Christ as their personal
Saviour, surrenders to Him as their
Lord and Master. confesses Him as
such publicly before the world, and
strives to live to please Him in every
thing day by day.
What does it cost not TO do IL?
l In the first place, not to be q
Christian costs the sacrifice Of peace.
"A Christian has peace: Being
justified by faith, we have peace with
God through the Lord Jesus Christ. Z"
Romans, v 1. And having peace
with God we have peace in our
hearts, but no man out OF Christ has
peace. There is no peace for the
wicked saith my God" 80
2 In the second place, not to be
a Christian costs the sacrifice Of the
highest, deepest, purest, holiest, most
overlooking Joy that can be known
right here on earth. $50
The citizen. [volume] (Berea, Ky.) 1899-1958, 1909-03-11
SAYINGS OF LINCOLN

No men living are more worthy TO
be trusted than those who toll up
from poverty.
Gold is good In its place; but liy-
ing, brave. and patriotic men are bet
ter than gold.
In law It is a good policy never TO
plead what you need not, lest you
obllge yourself to prove what you
cannot.
Let us have the faith that right
makes might; and in that faith let
us TO the end, dare TO do our duty
as we understand II.
Understanding the spirit OF our In
situations to aim at the elevation OF
men, / am opposed to whatever tends
to degrade them.
The reasonable man has long since
agreed that intemperance is one Of
the greatest, II not the greatest Of
all evils among mankind.
The purposes OF the Almighty are
perfect, and must prevail, though We
poor errlng mortals may fail accurate
" to perceive them in advance.
II this country cannot be saved with
out giving up the principles of liber-
ty, / was about to say that | would
rather be assasinated on this spot
than surrender IT,
Many free countries have lost their
liberty, and ours may lose hers; but II
she shall be It my proudest plume.
not that was the last TO desert, but
that | never deserted her.
/ am profitably engaged reading the
Bible. Take all OF this book upon
reason that you can. and the balance
on faith, and you will live and die a
better man.-Said TO Joshua Speed.
about a year before the presidents
assassination,
With malice toward none; with
charity for all: with firmness In the
right. as God gives us to see the right
let us strive on TO finish the work
we are In; to bind up the nations
wounds, TO care for him who shall
have borne the battle. and for his
widow and his orphans-to do all
which may achieve and cherish
Just and lasting peace among our
selves and with all natlons.-Conclu-
sion OF second inaugural address.