davidaulloa/AmericanStories huggingface dataset:
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

mons, quilts, wr"athes, breasts, sprays.
wings and plum"s. Perhaps the air
ships have called our attention to the
f]catncr"d throng that sail about the
sky, or perhaps chanticlcr has really
awakened the world to tn" POSSIBLE
ties of feathers. At any rat" they are
everywhere in endless and ~h""ilderinB
variety.
They have been made w In pieces
all ready for the hat, and IA" way OF
the matrur millincr Is made easy.
This is he sort of trimming that IL
safe for her to undertake. She should
BUY both III" shape and III" trimming
all ready prepared. Some Of the for
men come already lined. which Is n
great convenience: for placing IN"
trimming properly Is not easy by any
means.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15
500 Reward, 500.

Ths readers OF this paper will be pleased To learn
that there In at least on1 dreaded disease that science
has been ablo To cure Ia all It's stages. and that u
Catarrh. Hairs Cntarth cure In tho only positive
cure now known TO tho medical fraternity. tnihtfh
being n constitutional disease. requires q cOnHtlti-
tionai treatment. iIall'A 'niarrh Cure In taken in
ternally. acting directly upon tho blood and mucous
surfaces OF tho system, thereby destroying the
foundation OF the disease. and giving tho patictt
strength by building mp tho constitution and assist
Ing nature IN doing ih work. Tho propriet0rs have
10 much faith IN It's curative powers that they oncr
Ono hundred Dollars Tor any case that II fails -
cure. Send for list Of Testimonials
Address y. J. titINLY d co. Toledo. y.
Sold by all DrigRihtH. 7ic.
lake Hans Family filIs for constipation.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15
Not That Meaning.

"Thc doctor said that Bill was
drunk when We took the poor fellow
to have his head attended to last
night after he fell"
Doctor never said anything Of the
kind"
Didn't | hear him? Said It was u
Jagged cut"
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

ment failed to help. When In despair
I began with Doan's Kidney Pills and
soon improved. Continued use cured
mo and at present my health IL ex.
cellent."
Remember the namc-Doan's.
For sale by all dealers. so cents a
box. Foster Milburn Co., Buffalo, N. Y.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

developed and for a
whole year, ! was un'
able TO work. ! suf-
fered agonizing pains
In my back and the
kidne secretions
were in terrible con.
dition. My vitality
gradually diminished
and tho doctors treat.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15
Utilizing Old Buckles.

Old fashioned ohlong buckles are
now utilized In a variety OF ways by
fashionable drcssmnkers In cOnncc
lion with the new effects In drapery
Large and small buckles are en-
pl0yed IN thIs way and tiny gold but
o n also enter into many Of the
dressmakinS schrmes for the cominS
season.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

liraiding H""ms to have lost none OF
It's popularity, and some stunning COS.
tunes are deliberately trimmed In this
manne The cut today suggcsts n
drcssy afternoon costume In pale gray
satin m%cRsalin", the bodice and tunlc
covered with self tonc BLK rnt.taiI
braid in close design Tho front and
neck Of bodice Is cream lace and
tucked mOussclinc, the former edged
with "A narrow band Of black velvet
ribbon and tiny black buttons. The
tunic opening ON left side IL trimmed
at bottom with II huge fringcd
caboch0n Of gray braid. The long
trained skirt Is finished at bottom with
three deep tuCkS.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15
IN WRECK.
Thrown Down rs Foot
Embankment.

George Hahn. G. & ". w. conductor,
Arbor Ave. West Chicago. H.. says:
81 was thrown from "A car down n %.
foot embankmont and my kidneys
were badly bruised. Kidney trouble
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

No evil dOoinB us hopcIcRsly except
the evil we love and desire To keep In.
and mako no effort to csCap" iron.-
George Eliot.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

'Tis much to wound Il foe, Ills more
to save him and to win Il friend Erie
MaCkay.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15
ImpOytept to Mothers

CASTORIA, a safe and sure remedy for
infants and children, and see that IT.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

| would say TO all: Use your gent
lest voice ut home.-Elihu Burritt.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

Lewis Single Binder cigar. Original
Tin Foil Smoker Package, Be straight.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

There Is n duty OF pleasure as well
Al Il pleasure Of duty. SiIas K. Hook.
ing.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15
Good for Sore Eyes,

for 100 years PETIIT'S EYE SALNE has
positively cured eye diseases everywhere.
All druggists or Howard Bros. Buffalo, NY.
Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-09-15

The gentleman exists to help: he
has no other vocation. r. r. Munger.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
sNkS;;'nI61 >

The straw hat days have arrived at
last.
Now for a few days of the national
game undisturbed.
Provident Association tag day will
be held June 25.
The service on the Independent
phone will please you.
This is Flag day, and not flag was
to be seen on Kansas avenue.
This afternoon the city is full of
delegates to the state c. E. convention.
Children in Topeka are beginning
once again to get the roller skating
craze.
e. E. Roudebush is a new member
of the Topeka Real Estate Dealers
association.
Registration for the boys camp at
Maple Hill has begun The camp be-
gins July 5.
Work on the Guilford Dudley bust
ness building at S27 Kansas avenue is
progressing rapidly.
A trolley ride will be given by the
C. E. of the First Congregational
church on the evening of June 20.
Where will spend my vacation?'
is a common question of debate just
now on the part of Topeka people
Friday evening is the date set for
the regular meeting of the CONNER
cial club. No meeting was held last
month.
Realty men say that the fair
weather which we have been expert
encing has been bringing in the bust
ness.
Merrick's band will play at all ses-
sions of the c. E. convention which
commences this evening at the First
Presbyterian church.
Rev. H. Breese Jones and James
Stolbert, evangelists, are conducting a
series of meetings at the American
Salvation Army hall.
Robinson Bros circus has an ele-
plant which is put to work when shift
ing time comes pushing the heavy
wagons here and there.
c. A. home, corner Seventh and Van
Buren, streets, will be laid the last OF
July or the first Of August.
Work is in progress in getting the
Y w. e. A. summer camp in readiness
at Wakarusa. The cook shack and
dining pavilion are being erected.
Registration in connection with the
state c. E. convention is taking place
at the First Presbyterian church. Del
egates are coming in by every trani.
The city is full of Christian Endeav-
orers today. They are flocking in on
avery train. It is expected that there
will be about 1900 from out of the
city.
meeting of the educational and
4c.vs, committee of the Central Y. M.
q A.. will be held tomorrow at 1915
to discuss plans for the work next
fall
Topeka people must be losing their
ginger. Last night the audience at the
circus permitted themselves to be talk
ed almost to death by the concert an
Ieouncer.
Today the members of the First
Presbyterian church are working for
! a fund of about $1,000 to complete tbs
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14


Original Proceeding in Mandamus.
PEREMPTORY WRIT ALLOWED.
syllabus. By the Court. Porter. J.
IN mandamus to compel board
OF county commissioners to subscribe for
STOCK in railroad company and issue
ponds In aid of its construction, where
the defense relied upon was the failure
70 complete the road within the time
stated in the proposition submitted to
the voters it is held upon the evidence
that the plaintiff company had substan-
9aily complied with the terms and con-
oltlons of the contract and is entitled
bonds issued.
2 The .sheriff's proclamation calling
a special election to vote upon a railroad
bond proposition contained IN the first
publication a number of errors in the
preamble of the notice. The notice itself
correctly stated the date of the election
as did the notices posted by the sheriff,
and the errors in the published notice
were corrected in the subsequent publ
cations. Held, that the defects were
merely formal and not sufficient to rem
der the election void.
j. In section 1927 of the General Stat
utes of 1909 authorizing the calling of
a second election to vote bonds in aid of
a railroad upon a petition of a majority
of the legal voters, the word second
means another" or subsequent election,
and the authority of a county, township
or city to hold bond elections is not ex-
hausted upon the holding of a first and
second election.
AL the Justices concurr1ng.
true copy.
Attest; D. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

No. 1855
T. ]. Roll and Oscar Roll. Plaintiffs,
James M. Nation, Auditor of the State
of Kansas ct al, Defendants
Original Proceedings for a writ of Man
ALLOWED.
Syllabus. BY the Court. Graves. )
l. After. an attempted forfeiture of a
sale of school lands, a person who, re-
lying upon the regularity and. validity
of the forfeiture proceedings, purchases
the forfeiture is invalid, may take an
assignment from the former purchaser
and perfect his rights to the land under
such former certificate.
2. Where a purchaser of school land
assigns the certificate and the assign
ment is brought to the knowledge of the
county clerk who enters it upon the rec
ords of his office, the assignee will there
after be deemed to be a purchaser with
for forfeiture proceedings; and in such
proceedings notice must be served upon
him as the statute directs.
8. Where, in proceedings to forfeit the
sale of school land, the notice is issued
to a person who is shown by the record
in the county clerks office to have as
other, and no steps are taken to give
notice to such assignee or to any one
holding under him, such proceedings can
not be upheld and subsequet sale will
be held to be invalid.
4. Where in such a case, a purchaser
who buys the land in good faith rely
ing upon the regularity and legality of
the forfeiture proceedings, subsequently
ascertains that such proceedings are IN
valid and obtains an assignment of the
former certificate of sale and completes
the purchase hereunder, he will be en-
will be the duty of the state auditor to
make the proper certificate authorizing
such patent upon demand
Johnston, c. j., and Benson. J.. dis
senting.
fVf.n
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LEGAL.
sazzzzz..N - 80 s z1z.auzasrn

fication of the judge was filed, and was
supported by an affidavit that a certain
bank had a large interest (shown by
other evidence to be at least $4,000 in the
subject matter of the action, and that
the judge lis a director in said bank
actively engaged as such in its manage
ment, and acts legal adviser for and
advises the board of directors and officers
of said bank concerning legal matters
and interests of said bank, and for his
services so rendered to said bank receives
stipulated annual salary, and that sucn
relations have existed for a continuous
period dating back to the time the sub
Ject matter of this suit first came into ex-
istence, and prior to the time the in
debtedness- of the said W. H. Jones to
said bank was first made and that the
subject of said Indebtedness, and the
ability of said Jones to pay the same,
and his means so to do have been the
subject of discussion of the directors of
said bank with and in the presence of the
judge, in connection with other business
matters of said bank" (Abst. 39). There
was no counter evidence, and no counter
statement by the judge. Held, 1t was err
ror to override the motion.
All the Justices concurrfng except Ben
son, J., who did not sit.
A true copy.
Attest: d. A. VALENTINE.
lSeau Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1856.
Nobia K. Mosiman, Appellee,

The Occidental Mutual Benefit Associa-
Appeal from Saline County.
AFFIRMED.
Syllabus BY the Court. Mason. j.
/. Where the officer of local lodge,
to whom the assessments of a fraternai
insurance order are payable, pays an as
sessment for one of the members, later
incumbent of the office has no power to
divert money paid by the member upon
subsequent assessment to reimbursing his
predecessor for the amount so advanced.
2. Where the bylaws of a fraternal
to pay an assessment when DUE of itself
causes an immediate forfeiture of mem
bership, and that reinstatement can be
effected only by the payment of all arrear-
a certificate of good health, the accept
ance by the association of dues from a
delinquent member without exacting any
showing as to his physical condition, eff
regard:
such an order. to whom assessments are
without requiring certificate of good
health. whether or not a waiver is eff
fected in the first instance, his act is
association where the general secretary
received the money and notifies the
beneficiary, after the death OF the. in
sured, that the payment. was unaVailing,
that the amount was insufficient
A. The fact that the delinquent mem
Der is not in good health, the association
does not prevent the acceptance of his
money from effecting a reinstatement, in
the absence of any false representations
or fraudulnt conceaiment-
All the Justices concurring-
A true copy.
Attest: d. A. VALENTINE,
ISealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1890.

No. 16, 4S0.
w. E. Brooks, Trustee of the Estate
of E. P. Madison, Bankrupt, Appellant.
VS..
The Bank of Beaver City, Appellee.
Appeal from Reno County.
REVERSED
Syllabus. By the Court. Johnston, G. ].
An unrecorded chattel mortgage given
by a merchant on his entire stock of
goods under which he was permitted to
remain in possession of the goods, sell
the same without limitation, replenish
the stock whenever he might desire and
the proceeds to his own use
and benefit, without keeping the new
goods apart from the others, or paying
anything on the Indebtedness. and with
out accounting to the mortgage for
the sales made, or the money derived
from such sales, is a void instrument;
and a later mortgage given by the mer-
chant to the same creditor on the same
stock of goods to secure the same debt,
which was executed within four months
prior to the bankruptcy of the
mortgagor and at a time when he was
insoIVent and which was intended as a
preference and where the mortgage
knew that a preference was intended,
constitutes a voidable preference under
the national bankruptcy act.
All the Justices concurring.
A true COPY.
Attest: d. A: VALENTINE,
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
Published in The Topeka State Journal
June IA, 1901
OFFICIAL CITY COMMISSION PRO
CEEDINGS.

Cp ~ GTu,11 - St = F1NO
Commission Chamber, Topeka, Kansas,
June 13, 1910. The City Commission met
the following Commissioners present:
Bone, Holman, Miller and Tandy-.
Mayor Billiard in the chair.
Petition to construct a new cement side
walk, five feet wide, from Eighth Street
to Tenth Street both sides. on Underwood
Avenue, Melrose Subdivision, signed by
B. w. Rehkopf and a number of others,
was presented, read and referred to Com
missioner Of Streets and Public Improve
ments.
Communication from Burke & Durbin,
relative to money retained by the City on
the Burke & Durbn contract, sewer dis
placed on file.
Communication from John D. Gigeist.
relative to deciding to the City strip of
land fifteen feet by ninety-seven and two
thirds feet in the block bounded by Gar
field Avenue, Van Buren,. Harrison and
feet wide along Garfield Avenue from
Van Buren, Street west to alley, present.
ed to Commission May 81 and referred to
Commissioner of Streets and Public I'm
provements was reported back with rec
ommendation that it be not granted, which
report was adopted on motion of Commits
sioner Tandy.
a number of others, to construct gutter
ing along East Sixth Avenue, east of Le-
land Street, SO as to cause the surface
an underground drain to the Shunganunga
Creek was presented, read and referred
to Commissioner of Streets and Public I'm
provements.
Petition to vacate alleys, part of Mac
Donald's Grandview. Addition, presented
to Commission June and referred to Com
missioner of Streets and Public Improve
ments was reported back with recon-
mendation that the petition be granted,
provided that said petitioners deed to the
City the north twenty feet of lot No. S.
which report was adopted on motion of
Claims Of Lewis & Kitchen for con-
structing Garbage Crematory in the sum
of sS4555 and S4, S33.45, were presented,
read and, on motion of Commissioner
Bone recommended to be allowed
Report of appraisers for grading and
curbing the streets and avenues in Ken
wood Addition to the City of Topeka, was
nresenteds On melton of Commissioners
randy a special meeting was called for
Wednesday, at 8 O'Clock a. m, June Is. to
hear any and all complaints on the ap-
praisers' report on the Improvement of
the Streets and Avenues in Kenwood Adj
dition.
og the Crematory Bond Fund was pre-
sented by Commissioned Bone. An emer-
gency being declared in writing by the
Mayor, the Ordinance was taken up for
final passage. Each section was read and
on separate motion. adopted. On roll call,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 16, 557.
w. H. Jones, Appellee,

vs.
American Central Insurance Company,
Appellant
Appeal from Franklin County.
REVERSED.
Syllabus BY the Court. Smith, ].
4 The various methods provided by
statute for obtaining service of process
on foreign corporations are cumulative.
Betterment Co., V. Reeves, 70 Kan. 167.
2 Upon the everything of a motion to
qliash a summons and to set aside the
service. if it appears to the court that
is frivolous, it is within the discretion Of
the court to. continue the case for the
term, even before the adoption of the
new code, or to assign 1t for hearing at
the same term, reasonable time being
given to make up the issues Held, in
this case, the discretion was not abused.
g. In the absence both of a motion for
a continuance and an affidavit conform
ing substantially to the requirements of
the statute, the party cannot predicate
error upon a lack of time to produce his
evidence.
L. A motion in this action for a change
of venue on the ground of the disquali-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

LEGAL

the Ordnance was passed by the following
vote: Ayes, Commissioners Bone, Holman,
Miller and Tandy and Mayor Billiards..
The title was read and approved.
Plat of Broadmoore Addition to the City
OF Topeka was presented and referred to
commissioner of Streets and Public I'M
ProVements in connection with the City
Engineer.
NO further business appearing, on mo-
uon of Commissioner Miller. Commission
adJeuTned to meet $50 O'Clock a. M,
ISeal1 G. B. BURGE,
City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1852.
c. A. Smith, Appellee.
The Republic County Mutual Fire In.
suTance Company, Appellant.
Appeal from Jewell County.

The Republic County Mutual Fire In
Appeal from Jewell County.
MODIFIED.
Syllabus BY the Court. Bu1ch. j.
/. Under the act relating to the or
ganization and control of mutual fire,
les CART. 5, CHI S., Gen; Stats. 1909 the
liability of a member to assessment on
lowing purposes and no others: First,
to maintain a reserve fund equal to ten
per cent Of all the premium 1od notes IN
Ond to pay losses which may accrue
and defray expenses (Sec. 4216, Gen. Stats.
An assessment of premium notes not
necessary to maintain the reserve fund
at ten per cent. of the premium notes
or expenses but levied merely for pur-
poses to be developed in the future is
8. A company with 100000 at risk
held notes to the amount of $SS, 1853. It
held mortgage loans to the amount OF
serve fund 1t had cash on hand in the
sum of "a O11 Its liabilities were slight
" in excess of $500. Held. an assessment
Of the premium notes under those condi-
tons was illegal ,oO- 49,
4. Chapter 273 of the Laws or 1910 lSeci;
424l Cen Stats. 1900 authorizing mutual
companies having certain quaiiticaIlonn rs
to establish a guarantee FUND and 70
not hermit the assessment of premium
notes directly for such purposes. ,zo.
5. The assignee or po1t eIyeei neiu to
accent his policy subject to the bylaws
of the company, a copy or Whlcn appn-
cation was attaSa en- es sp ' to saw that the
bylaws are not part of the contract
although the COPY OF the sisyned in sccordl
ance with section 1925, Gen. stats. 1SV5.
All the justice concurrlng'
4 trIe COPY D. A. VALENTINE.
TSeai1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1852
The Colean Manufacturing Company, APP
pellee,
VS..
Charles Johnson, Appellant.


Charles johnson, Appellant.
Appeal from Lane County.
MODIFIED.
Syllabus. BY the Court. Johnston, c. j.
l. In an action of replevin brought by
mortgage to recover the possession
of property under a chattel mortgage
given to secure the payment of Ger
tain notes where the mortgagor admits
the execution of the notes and mortgage
and defends only upon the grounds that
the mortgage has no right to main
tain the action and the property Is ex-
empt the court does not err in placing
the burden of proof as to the contested
issues upon the mortgagor.
3 When the mortgaged property is
seized under the writ of replevin and
the possession of the same is retained
by the plaintiff up to the time of judg-
ment in his favor there is no necessity
FOR rendering an alternative Judgment that
the plaintiff shall recover the value OF
the property in case a return thereof can
not be had.
g. Under a general denial in replevin
action defendant may defeat recovery
by the plaintiff by showing that IL is
a foreign corporation without authority
to carry on business in the. state and is
not entitled to maintain that or any
other action in the courts of the state.
All the Justices concurrtng.
A true copy. -
Attest: D. A. NALENI1N y,
TSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1885.
H. NJ. Hill, Appellant,
Robert Baker ct al, Appellees.
Appeal from Johnson County.

Robert Baker ct al, Appellees.
Appeal from Johnson County.
AFFIRMED.
Syllabus. BY the Court. Porter. ].
Chapter pol of the session laws of 1909
providing for the Improvement of the
country roads, commonly known as the
Rock Roads Law" is not unconstitu-
legislative power to the petitioners, nor
for the reason that the act contains no
express provision for notice to the prop
erty owners before the special assess
ments become a tax upon their property,
nor because it gives to the board of coun-
fourth Of the cost of the improvement
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LEGAL.

woman's undivided interest in tract of
real estate does not extend to the shares
of her co-tenants and after the lien has
been perfected she may purchase and hold
such shares unincumbered by it.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
ISeal.1 Clerk Supreme Court.