davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
First published in The Topeka State
Journal March s. 1901
Office of Commissioner of Elections.
TnneIra Kan March 8 1910
RFCIaTRA TIlN- NOTIf,E :.


REGISTRATION NOTICE.
Notice is hereby given that the books
Tor the registration of voters for the City
Of Topeka will be closed Thursday, March
18th, 1910, until after the Primary Election
to be held on Monday, March 18th, and
me me CITY Election to be held on the 9Th
Voters are further notified that there
will be no opportunity for registration
after the primaries to be held March 2Sth.
Failure to Register prior to Thursday,
March 18th, will lose the right to vote for
the Mayor and for Commissions and the
members of the School Board and City
committeeman, under nominations at
the primaries and the election of said offi-
GERS at the City Election to be held the
eighth day subsequent to holding of the
primary.
From Tuesday, March sth, to Thursday,
March 18th, inclusive, registration can be
made at the office of the Commissioner
of Elections from s o'clock a. m. until 10
o'clock p. M, including the noon hour.
All MALE and FEMALE voters who
were legally registered for the City E1ec-
ton held on the 9Th day of April, 1909.
tered since, and have not changed their
residence since are legally registered at
this time
All voters who did not vote at the last
City Election held April 9Th, 1909, and who
have not registered since will have to reg
lister to become legally entitled to vote
at any primary or general election at this
time.
Failure to vote at any primary or spec
ial election does not disqualify the voters
registration as 1t does under law govern
ing General Elections.
tSeaLJ c.. H TITUS,
Commissioner of Elections.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. 1884.
George Branstool, Appellant,


Charles E. Gibson, Appellee
Appeal from Decatur County
REVERSED.
syllabus. By the Court. Graves J..
1. Where county adopts the pro-
visions of chapter 1872 of the Laws of 1891.
being sections 1863 to 1861 of the General
Statutes of 1901 and lands are taken for
county commissioners may dispose of
them for less than the legal charges
against them, or they may be conveyed
TO any person who offers to pay the legal
charges due thereon without the interven-
ton of the county commissioners.
2. Where such lands are disposed of for
a sum less than the legal charges due
thereon. then under the provisions of sec
ton 1872 of the General Statutes of 1901,
six months must intervene between the
date of the assignment of the certificate
and the execution of the deed but not
otherwise.
3. Where county held lands taken un-
der this law for more than three years,
the certificate was assigned to a pur-
chaser for the full amount of legal charges
against the land and tax deed was ex-
ecuted therefor the same day. From
the recitals in the tax deed it appeared
for the deed consisted of the amount of
the original sale with interest to date of
deed and the amount of the subsequent
taxes with interest to same date which
amounts were separately stated instead of
being named as one lump sum as con-
teruplated by the statutory form of deed.
Held that this irregularity does not make
the deed void.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaII Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
Published in The Topeka State Journal
March Is. 1901
OFFICIAL COUNCIL PROCEEDINGS.
Council Chamber.


Topeka, Kan, March H. 1910.
at o'clock D. m. with the following coun-
cilmen present: Blakely, Fink. Fraser.
Howard, Hughes, Jordan. Lannan, NIL
s ser; simpSoa1ii SanHey ano ISnay az,
Petition for paving Western Avenue
from Douthitt Street to Sixteenth Street,
signed by L. A: Warning and others. was
presented, read and referred to Streets
and Walks Committee.
Petition for paving Douthitt Street from
c. L. Ransom and others, was presented,
read and referred to Streets and Walks
Committee.
Petition for paving Chandler street
signed by Joseph Meier and others, was
presented, read and referred to Streets
and Walks Committee.
Communication from City Treasurer,
asking for an Assistant, was presented,
read and referred to Ways and Means
Committee.
An Ordinance granting to the Topeka
Street Railway Company certain streets
in the City of Topeka, presented to Coun-
ell March and referred to Committee OF
mendation that the same be passed as
amended, the report being adopted on
motion of Councilman Tandy. The Ordi-
age. Councilman Howard moved the sec
ton of the Ordinance pertaining to grant
ing of the right of way down Buchanan
Street from Seventeenth Street to Tween
ty-third street be stricken out. The mo-
ton was lost by the following vote: Ayes.
Councilmen Fraser. Howard. Jordan, Mil
Blakely, Fink, Hughes, Lannan, Simpson
and Stanley-6. Absent, Councilman Drew.
On motion of Councilman Howard.
Council adjourned to meet Wednesday
(Seal) c. B. BURGE,
City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. 1900.
The City of Goodland. Plaintiff.

No. 1890.
The City of Goodland. Plaintiff.
James M. Nation, Auditor of State.
Defendant.
original Proceedings in Mandamus
PEREMPTORY WRIT GRANTED.
Syllabus. BY the Court Smith T.
Section 1, Chapter 81. Laws of 1909 and
Section 8, Chapter So, Laws of 1909, as to
the provisions relating to the amount of
ponds thereby authorized to be issued by
cities of the second and third class, are
construed as one act and limit the
amount of bonds which may be issued to
one and one-half per centum of the as
sessed value of taxable property in the
city for the year previous to the issuance
or the bonds; except as provided in Chap
ter 6z and that. such cities may issue
DonoS in an amount not to exceed the ex-
lstlng floating Indebtedness of such city,
such bonds to be used in the redemption
city outstanding May 1, 1909.
All the Justices concurring.
A true copy
Attest: D. A VALENTINE
LSeail Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16

No 16, 3o2.
The City of Newton, Appellee,
H F. Toevs, Appellant.
Appeal from Harvey County.
AFFIRMED.
Syllabus BY the Court. Benson,
/ A party desiring to have the evil
dence which has been taken in a trial be-
fore a referee reviewed by the district
court, to determine whether it supports
the findings should have bill of excep-
tions containing such evidence allowed by
the referee; and if it is necessary to do
So should apply to the referee for time
to prepare exceptions.
9 If there is not sufficient time, or OPP
portunfty is not given to make such APP
plication to the referee, it should be made
to the court. and for the purpose of hav-
ing such exceptions allowed by the referee
the court may direct the report to be held
or if filed, to be referred back to the
referee; or, the court might order the
referee to report the evidence.
3 Evidence taken before a referee but not
brought before the district court cannot
properly be reviewed in this court to de-
termine whether it supports the findings
of the referee, but upon an examination
of that part of it which is distracted it
is found to support the findings to which
it relates.
All the justices concurring.
A true COPY
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
LEGAL.

---------r-"-r-|<
real estate to wit: All of the east half
of the southwest quarter OF Section num-
bered Twenty-three CD OF Township
numbered Thirteen (13), east OF the Sixth
(6th) principal meridian, lying and situate
in the County of Shawnee in the State of
Kansas.
The above-described real estate is taken
as the property of said defendants, and
is directed by said order of sale to be
sold, and win be sold without appraise-
ment, to satisfy said order OF sale
JONATHAN d. NORTON,
Sheriff OF Shawnee County, kansas
z. d. McKEEVER, Attorney.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
LEGAL.

peal had been taken the husband leased
the land to another and collected the rent
Tor the same. Held in an action by the
wife to recover from the tenant for. the
use of the land 1, that the tenant was
bound to know that an appeal had been
taken from the Judgment and therefore
look his leasehold interest at the risk of
a reversal of the Judgment. Q. Although
no supersedeaS bond was given on the APP
peal the tenant was bound by the result
of the appeal.
All the Justices concarring.
arrest: d. A. VALENTINE,
tSeaII Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
D. A. VALENTINE,
Clerk Supreme Court.
No. II, 432.
George B. Stevens, Appellant,

NO. 16, 432.
George B. Stevens, Appellant,
VS..
The City of Anthony, Appellee.
Appeal from Harper County
AFFIRMED.
syllabus. BY the Court. Burch, ].
In an action against city for damages
occas1oned by mob through injury to
the person of a saloonkeeper and the des-
truction of his liquors and saloon fixtures
and paraphernalia the conduct and repu-
tation of the keeper may be given in evil
dence in mitigation of the damages to the
property
All. the Justices conCurring.
A true copy.
Attest: d. A. VALENTINE,
LSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
40. 16.aS2.
NO. 1b,3oZ-
Gaius NJ. Brumbaugh, Appellee,

Gaius NJ. Brumbaugh, Appellee,
s. T. Wilson, ct al, Appellants.
Appeal from Hodgeman County
AFFIRMED.
Syllabus By the Court. Smith, J.
l. In a collateral attack on a Judgment
rendered on a default, the judgment will
not be held void even if the petition upon
which it was rendered does not state facts
sufficient to constitute a cause of action.
2 Where the proceedings of court are
attacked as void. years after they occur
red and where the primary evidence of
such proceedings is shown to have been
lost or destroyed, the court may consider
such secondary evidence as may be pre-
scented and may entertain every reason
able presumption consistent with such
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. 1897.
William T. Van Buskirl1, Appellant,

No. 1881.
William T. Van Buskirk, Appellant,
Arthur Lawrence, Appellee.
Appeal from Morton County.
AFFIRMED.
SYLLABUS By the Court. Burch, j.
A tax deed based upon a sale to the
county and an assignment of the certifi-
cate. which does not in terms state the
sale price and which misstates the cost
of redemption, which was the considera-
fion for the assignmemnt is not void on
its face if from data furnished by the
deed and the law, aided by the presump-
lions which may legitimately be INDUCED,
the sale price may be ascertained and the
recital corrected.
All the Justices concurr1ng-
A true copy
Attest: D. A. VALENTINE,
TSeaIJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16

No. 16,D02.
]. A. Edison. Receiver, Appellant,
City of Olathe. Appellee.
Appeal from johnson County.
REHEARING DENIED.
Syllabus. By the Court Burch, J.
The state does not guarantee the judg-
ment fidelity of its officers and agents
in their. conduct of political affairs, and
municipal corporations, erected for pur-
poses of local government, are not liable
for n1isfeasances of their officers when
acting in a governmental capacity with
respect to matters of general public con-
Germ. The principle of respondent superior
does not apply in such cases.
All the Justices concurrtng.
true copy.
Attest: D. A. VALENTINE,
CSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
d. A. VALENTINE.
Clerk Supreme Court.
No. 16.41S.

NO, 1913.
D. P. Smith, Appellee,
VS..
The Chicago, Rock Island s. Pacific Rail
way Company: appellant nnt;,
AFFIRMED.
Syllabus. By the Court. Porter. j.
/. A railway engineer is not bound TO
know every defect existing In the ties and
rails CT the track over which he runs his
engine. If the track, ties and rails are IN
place he has the right to assume that the
keen them in reasonably safe repair.
q In an action by railway engineer
against the company to recover for per-
sonal injuries received in the dera1lment
rails, where the defects had existed for
such a length of time that the railway
company was bound to have notice OF
them, and where it was shown that the en-
gineer had no knowledge of the defects
and no opportunity of knowing of their
existence except such as came to him in
operating his engine over the track, held,
that the risk as to the condition of the
roadbed was not one which he assumed.
8. In the action mentioned in the pre-
ceding paragraph the answer set up as
defense the failure of the plaintiff to give
thirty days notice in writing of his claim
for injuries as provided in the contract Of
without objection testified that some one
from the claim department of the COM
pany came to his house three weeks after
the accident and took from him written
statement concerning the accident and his
injuries The defendant then introduced
in evidence the written statement itself,
signed by the plaintiff, stating the time,
place, maner and cause of his being in
jured and the nature and extent of his in
iurieS. Held, that the taking of the writ
ten statement constituted a waiver by the
company of the failure to give the notice.
Ali the Justices concurrlng.
Attest: D. A VALENTINE.
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
LEGAL.

jury in the determination of which it is
necessary to consider the entire evidence
submitted which is conflicting, it is error
i LOT the court to direct the attention of the
jury TO small portion of the evidence
and instruct it to return a verdict in
FAVOR of the plaintiff if such facts are sus-
tanned by the evidence.
All the Justices concurring.
true copy.
Attest: ID A VALENTINE
lSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
First published In The Topeka State
Journal February 10, 1901

THIRTY DAY NOTICE OF APPLICA-
TON OF BUSINESS COLLEGES FOR
a PERMIT TO CANVASS IN THE
STATE OF KANSAS.
Topeka, Kan, Feb. 3. 1910.
Notice Is hereby given that the follow
ing business colleges Cor commercial de-
partments Of other schools) have made
APPLICATION to me- for a permit to canvass
In the State Of Kansas for the purpose
of selling tuition in advance and contract
ing or securing notes for tuition e-om stu
dents before their registration at the bus
mess colleges Cor commercial depart
ments) herein named:
Arkansas City Business College and
Schol of Telegraph.
.Fredonia Business College. Fredonia.
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 a.
they advertise or that the moral surround
ings of the institution are not good. or
that the premises are kept In an un-
healthy condition, or that the agents OF
said institutions use Misrepresentation OF
fraudulent methods in securing contracts.
notes or cash from prospective students.
in such case permit Will not be granted
to such business colleges Cor commercial
Departmental
z. T. FAIRCHILD.
State superintendent of Public Instruction
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No 16.4N.

No. 16, 421-
George W. McClelland. Appellant
VS..
The Missouri Pacific Railway Company
Appellee.
i Appeal from Greenwood County.
= AFFIRMED.
Syllabus BY the Court. Porter. ].
The plaintiff was driving along a high
way with load Of hay and came to a
railway crossing. The railway company
was engaged at the time in repairing its
track and road-bed and had taken up
the crossing and raised the rails several
inches. The plaintiff stopped his team
got down from the wagon, went to the
crossing and talked with the foreman in
charge of the work. The foreman said
he ,Soold have the crossing ready for him
In 3 ltw minutes. and the section men
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. 16, 423.
Henry F1iege, Appellee,


VS..
The Kansas City Western Railway Com
pany and the General Electric Company,
Appellants.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court Johnston, G. J.
1. A manufacturing company sold a
machine to a railway company. retaining
the title thereto until payment was made,
and undertook to furnish a competent
engineer to superintend the erection and
installation OF the machine the rail-
way companyS premises and the rail-
way company undertook to furnish en-
ployeS to assist in installing and starting
the machine. While the work was in
progress an employe of the railway COM
pany, acting under the direction of the
engineer of the manufacturing company,
was negligently injured. Held, That the
manufacturing company and the railway
company were engaged in joint opera
ton and there was imposed on them the
joint duty to use due care towards those
employed in the work and as employee
was injured through the. omission or
negligent performance of that duty the
companies were guilty of joint tort upon
which arose joint and several liability
to the injured employe.
2. Under the facts in the case it is held
that the employee was not guilty of con-
tributory negligence in not adopting an
other and safer method of performing the
task assigned to him.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ESeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. Is, 414.
In Re James T. Butler.
Proceedings for contempt.
From Jewell County.

No. 1911.
In Re James T. Butler
Proceedings for contempt
From Jewell County
REVERSED.
Syllabus. BY the Court. Benson i
l. Where, in a judgment in an action
for divorce, the husband is ordered to
join with the wife, upon her request. in a
conveyance of land adjudged to her in a
division of the property. he is not Obliged
to execute deed containing covenants of
tempt of court for refusing to do so.
?. The husband who was so adtudged
to execute a conveyance upon the request
OF the wife is not compelled to execute
such instrument until so requested by her
or by some person authorized by her to
make such request; and the person who
makes the request should state by whose
authority he acts if the husband asks for
All the Justices concurrfng
true copy
Attest: D. A. VALENTINE
lSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
onice of Commisaioner Of ELECTIONS:


Topeka Kan, March 8, 1910.
REGISTRATION NOTICE.
Call for meeting of board of supervisors
of elections.
Call for bids to furnish meals to election
boards, including the Primary Election
to be held Monday, March 18th, and the
City Election to be held Tuesday. April
5th, 1910
A meeting of the board of supervisors
of elections will be held at the office OF
Commissioner of Elections on Tuesday,
March end, 1910, at 7:30 D. m. for the pur-
pose of revising the registration, hearing
appeals from the decision of the Com
missioner of Elections and the considera-
ton of bids for furnishing meals to the
election boards for the Primary Election
to be held March 18th, 1910. and the City
Election April 5th, 1910, also any other
business which may properly come before
the board of supervisors.
Bids for furnishing meals for election
boards are requested and must be filed at
this office on or before II O'Clock Tuesday,
March End, 1910.
LSeaLJ w. G.. TANDY,
Chairman Board OF Supervisors OF Elec-
c. H TITUS. Secretary.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
za No. 16. 431.
Ellen P. Kremer, Appellee,

NO. 10, 43I.
Ellen P Kremer. Appellee,
VS..
William Schultz Appellant
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
In a divorce proceeding the wife claim
ed a certain farm as her separate property
but the district court decided that it be-
longed to the husband. Upon an appeal
the supreme court reversed that judg-
ment and decided that the title to the
farm was in the wife and that the hus-
band never had owned it After the APP
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. 1888.
J. D. Rowland, Appellee,

No. 16, 1893.
J. D. Rowland, Appellee,
VS..
The Mcdonald Independent Telephone
Company, Appellant
Appeal from RawlinS County.
REVERSED.
Syllabus. BY the Court. Porter. j..
1. In December, 1905. the records of
Rawlins county, including the road rec
ords, were destroyed by fire. In an ac-
ton in the district court where the only
question involved was whether a certain
section line road in that county is sixty
feet or only forty feet wide, the defend
ant sought by secondary evidence to show
that a sixty foot road had been establish
ed along the line, that it had been trav-
eled by the public ever since the year
1886. and had been worked at. public ex-
pense long prior to 1897. Held error to
exclude the testimony. The destruction of
the road records having been shown, the
evidence offered for the purpose of prov
ing the existence of a sixty foot road was
the best evidence that could be obtained
2. Where a public road sixty feet wide
has been legally established on a section
line and no proceedings have been taken
to vacate anv part of the same the board
of county commissioners has no authority
to grant a petition establishing on the
same line a road forty feet wide.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. 16, 1896.
J. H. c. Bowers, Appellee,


VS..
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellant.
Appeal from Sumner County.
AFFIRMED.
Syllabus By the Court. Benson, j.
1. Where the motive, intent, or belief
of a person is a material fact to be ascer-
tained, and he is a competent witness to
prove such condition, he may testify to it
directly in connection with his testimony
detailing the circumstances and situa-
ton in which he was acting at the time
quired brakeman who had given a sig
nal had been seen, understood and obeyed,
position. It is held that this rule is rea-
sonable and should be obeyed and it is
further held that the word know, as
used in this rule, has the sense in which
it is ordinarily understood: 1t does not
a fact which actually exists. but it means
the full assurance and belief to the ex-
clusion of doubt or uncertainty of a rea-
sonable and prudent man based upon con-
vincing evidence addressed to his intel
igence or senses
8. The contentious that certain findings
are inconsistent, that they do not support
the verdict, and are not sustained by the
evidence, are considered and held unten-
able.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
LEGAL.

evidence in support of the validity of such
proceedings.
All the Justices concurrmg.
A true copy.
Attest: D. A. VALENTINE.
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-16
No. 6,417.
Angel Matthewson, Appellant,

Lewis Hevel, ct al, Appellees.
Appeal from Labette County.
-'et AFFIRMED. ---'.T-
Syllabus By the Court Bulch, J..
l. The tax rolls of county showing the
assessment of land in the name of per-
son as owner are prima facie evidence of
ownership by such person in an action
10 set aside a tax deed of the land issued
to him.
> Where portions of a city lot belong
ing to different owners are taxed together
and sold for taxes as one tract a tax
deed to one of the owners operates as a
redemption of the whole tract.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
[SealJ Clerk Supreme Court.