davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1876.
The State Of Kansas, Appellant,

NO. 1876.
The State of Kansas, Appellant,
VS..
Dina Kaemmerling. Appellee.
Appeal from Crawford County.
REVERSED.
Syllabus BY the Court Graves. ].
ITO make a matter res judicata there
must be a concurrence of the four con-
dttions following, namely: ID Identity
of the thing sued for, CD Identity of
the cause of action. (3) Identity of the
persons and of parties to the action. %
Identity of persons for or against whom
the claim is made" (Syllabus.)
All the Justices conCurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

Topeka, Kansas, August e. 1910.
Notice is hereby given that the follow
ing business colleges Cor commercial de-
na-tments of other schools) have made
application to me for permit to canvass
in the State of Kansas for the purpose
of selling tuition in advance and contract
ing or securing notes for tuition from stu
dents before their registration at the busi-
ness colleges Cor commercial depart
m~nTSl herein named.
National Business College. Independence.
Kansas.
Kansas.
If satisfactory proof is furnished that
any of the above named colleges or COM
merc1al departments are incompetent to
furnish such course of instruction as
thy advertise or that the moral surround
fngs of the institution are not good, or
that the premises are kept in an IN
healthy condition. or that the agents of
said institutions use Misrepresentation or
fraudulent method in securing contracts
notes. or cash from prospective students.
in such case a permit will not be granted
to such business college Cor commercial
Departmental
f. T. FATRCHTID
state Sunerintendent of Public Instr ctio,,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1851,
G. v. Ricksecker, Appellee,

No. 1851,
c. v. Ricksecker Appellee,
The Board of County Commissioners of
the County of Reno, Appellants.
Appeal from Reno County.
MODIFIED.
Syllabus. BY the Court Graves. j
l. Section of chapter 339 of the Laws
of 1903 contemplates that the salary
therein provided shall be paid only after
the performance Of some service required
by such section and a peremptory writ
of mandamus compelling the payment of
such salary where no service has been
performed is erroneous
2. Where claim against a county has
been reduced to Judgment and such judg-
ment has become final. payment may be
enforced by mandamus.
Ali the justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

NO. II,03z
The State of Kansas. ex rel, Appellant,
The City of Kansas City, Kansas. ct al,
Appellees-
Appeal from WyandOtte County.
AFFIRMED.
Syllabus. BY the Court. Mason, ].
1. An act which limits the operation
of an earlier one, is not repealed by i'm
nal statute, incidental to its amendment
in some other respects, but continues in
force a limitation upon the amended
statutes.
2 Where an act authorizes a city to
issue bonds for waterworks, and pro-
vides that their issuance shall not be
affected by an earlier statute forbidding
the creation of a bonded debt In excess
of a stated percentage of the property
subject to taxation, a subsequent re-en-
actment of such earlier statute incidental
to an amendment merely changing the
percentage, does not by implication re-
peal the provisions exeTnpting waterworks
bonds from the limitation.
3. Assuming that under the statutes
be included in estimating the amount of
outstanding indebtedness for the purpose
of ascertaining whether the statutory
five per cent limit has been reached. II
two sets of bonds, one for Waterworks
and one for a city hall, may lawfully
be issued by giving the latter priority
in time both may be issued at the same
where under such circumstances city
hall bonds are first voted and first au-
thorized by ordinance, their issuance
poraneous with that of waterworks bonds
which bear the same date and mature
at the same time, but which are actual
ly executed q few weeks earlier.
All the Justices concurring.
Attest: D. A VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
POOL AND BILLIARD TABLES.

FOR SALE-New and secondhand BILL
lard and pool tables and bowling alleys.
We lead the world in cheap bar fix
lures; easy payments. Send for catalogue
brunswick alke-Collender Co., 132e-M
Main street. Kansas City No
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 17.1e9
The State Of Kansas, Appellee.

VS..
Sherman White, Appellant.
Appeal from Lyon County.
AFFIRMED.
Syllabus. By the Court. Benson. J.
/. Upon an information for maintain
ing nuisance in Violation of the pro
hibitory liquor law, Instructions giving in
substance the rule of evidence prescribed
by the statute Gen. Stat: 1909, Sec. 1896
were not erroneous as applied to the facts
shown by the evidence. although the
court limited the term "a dwelling
house" as used in the statute, to the
defendants dwelling house
2. Where no objection was made to
an information for maintaining a nuts
defendant kept and maintained place
where persons ''resorted'' for the pur-
pose of drinking intoxicating liquors as
a beverage, instead of a place where
persons were permitted to resort for
such purpose. Che language of the stat
ute) and the case was tried and tnStruc-
tions were given in all respects as would
have been done if the precise words of
the statute had been used, the defendant
was not prejudiced and the variance is
immaterial.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1851.
E. Baxter, Appellant.


C. o. F. Brown, Cashier. and Farmers
& Merchants National Bank of Cadiz
Ohio Appellees.
Appeal from Marion County.
AFFIRMED.
Syllabus BY the Court Smith, ].
In civil action in which the defendant
answers by a general GENIAL and veri-
fies his answer but asks no affirmative
relief and judgment is finally rendered
against him in the action, he is not re-
sponsible in another action for damages
for expenses incurred in obtaining proof
to sustain the allegations of the petition,
although the defendant knew at the time
he answered that the allegations were
true and that his verified denial would
involve the palintiff in considerable ex-
pense to establish the truth thereof
Johnston c. J., Mason, J., Smith, J..
Porter J., Graves, J., and Benson, J.,
concurring.
Burch, J., concurs in the result
A true copy.
Attest: u. a VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

NOTICE TO COAL DEALERS.
Sealed bids will be received at the office
of the president of the State Normal
school for Southern Kansas nut coal de-
livered in car loads on track at Emporia
Kansas. from January 1 to April J. 1911
as the demand may require. All bids to
be In by November TO- 1910, and addressed
to Joseph H. Hill, president.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 17,212.
The State of Kansas, Appellee,

The State of Kansas, Appellee,
VS..
John McCool, Appellant.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus By the Court Burch ].
The statutes of weights and measures
establishing a standard weight for LOAF
of bread and prohibiting the sale OF
bread except by the whole, half OF
quarter loaf claws, 1909, CHI. 264) is not
unreasonable or oppressive and is valid
exercise of the police power.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 16,679.
Minnie NJ Laffery. Appellee,

United States Gypsum Company and J.
E. Drake, Appellants.
Appeal from Marshall County.
REVERSED.
Syllabus. BY the Court. Benson, J.
person let's out work to another, the
work or workmen, the relation of con-
tractor and contractee exists, and not
that OF master and servant and ai,s- ene
or improper execution OF the work by
the contractor.
2. To the foregoing rule there are
many exceptions and limitations. one of
which Is that an owner or contracted
is responsible for injuries to a third
party, caused by work done by an i'm
dependent contractor where the contract
directly requires the performance of work
intrinsically dangerous, however sk1llful-
g. The mere liability to injury from
doing the work contracted for can not
be the test, for injuries may happen IN
any undertaking, and many are attended
with great danger if carelessly managed;
although with proper care they are not
specially hazardous
L. The intrinsic danger of the under
taking upon which the exception is based
is a danger which inheres IN the perform
ance of the contract, resulting directly
from the work to be done and not from
the collateral negligence of the con-
tractor.
s. It can not be held as matter of law
that mining generally is go intrinsically
or inherently dangerous to make the
owner of a mine liable for the negli-
gence of an Independent contractor re-
Sulting in injuries to a servant of such
| contractor where 1t is not shown that
the mine was unsafe when the contract
was made or that the owner reserved
some control of it's operation.
6. Where it is a disputed question OF
! fact whether person who employed the
| workmen and suuperintended the opera
| ton of a gypsum mine was an indepen-
| dent contractor or the superintendent fol
| the owner, it is error to instruct the jury
| that the owner it liable for fatal injuries
| to laborer employed in the mine caused
| by the negligence of the person SO super
| intending the mine, without submitting
| to the jury the disputed question of fact
as to the relation of the superintendent
| to the owner.
7. Where it was a material question
! for the jury whether one acting as SUI
/ tending it for the owner, as its employee
| or operating it for himself an indie
pendent contractor, evidence that tht
| owner held insurance fndemnifying Il
| against loss and damages from accidents
| to la,borers in the mine, and of the terms
| of the policy, and of the correspondence
| between the owner and the insurance
company and with the alleged contrac-
| tor, was competent as tending to show
| the real relation between the person sc
experimenting the operation of OF the
| mine and the mine owner.
g. The evidence is held to be sufficient
| to sustain the findings of negligence II
| the operation of the mine, and causing
the injury complained of, and OF the alb
| sence of contributory negligence.
| Burch, J., Mason, J., Smith, j., Porter
Johnston, g. J., and Graves J., dis
| senting.
| Attest: D. A VALENTINE,
| ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
MODERN COTTAGE S2400
LEGAL.
OFFICIAL CITY COMMISSION PRO-

Published in The Topeka State Journal
November 8, 1901
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
IBITGIBIlLANID PARK

Maryland Ave-, 2 lots, nice cot
tage, 4 big rooms, closets, pantry,
good cellar. large barn, chicken
house, well and cistern with
pumps, fine shade. electric car
close. Price 81, $50, part cash.
J. E. TORRINGTON, 100 W. 9Th St.
Bell 1862. Ind. 22S.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

No. 17,1S5.
The State of Kansas, Appellee,
VS..
Ezra Miller, Appellant.
Appeal from Marion County.
AFFIRMED.
Syllabus. BY the Court. Porter. J.
1. In criminal action where the de-
PENDANT Is charged with aiding and abet-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
First published In the Topeka state
Journal October ., 1901
Topeka. kansas. AUG

THIRTY DAY NOTICES OF APPLICA-
TION OF BUSINESS COLLEGE FOR
A PERMIT TO CANVASS IN THE
STATE, on
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
PHYSICIANS AND SURGEONS.
PAVING.

CAPITAL CITY VITRIFIED RRICK a.
PAVING CO., IA E. 9Th st. Mfgs. OF
building. paving and sidewalk brick
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

MERCHANTS TRANSFER & STORAGE
Co. packs. ships and stores household
goods. Tel 1S6. Skinner & Gayharts e1
Quincy st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
MONEY.

MONEY to. loan on live stock, pianos. or
gans, typewriters, household goods and
personal security. i. BisCoe, 523 Kan. ave.
MONEY TO LOAN on personal property
and collateral security, on easy terms.
G. H. Flintham. 906 e. 4th St
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

WANTED you to order, your cider from
Washburn's. Ind. 2315 Black
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

D. A. VALENTINE,
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

Have your keys made and lock repaire,
by F. A. Bauman. rs Kan ave. Bell Zl92
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

JOHN PETRZTLEK the only 'prae-
teal furrier in Kansas. ~ E. 18th. Topeka.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
First published in the Topeka State
JournalOctober q, 1901

state supentendent Of PRb aiaH f6stri.eto,,
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
SUCH AN AMIABLE BOY.

A Giddings school boy announced
the other day that he didn't want to
go back to school.
Why not?" demanded his father.
"Th' teacher doesn't like you,.' the
boy replied.
Doesn't like me?" the father ex-
claimed. What do you mean by
that?'
Why, she-she wants to hurt your
feelings"
See here. my aimable child" re-
marked the father with growing stern
ness; II want to know what you
mean by this nonsense. Speak up"
It's like this. dad" said the boy,
teacher has sent you a letter tellin'
you some things about-about me an
l know it would hurt eybuat feelings,
an she shouldn't have done 1t, an
that's why l hate to give you the let
ter, cause it amt treatin' you kind
Somebody's feelings We're hurt a little
later and then the boy slowly and
stift1y went back to school.-Exchange.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
Crystal Lake Drowning.

To the Editor Of the Evening Star:
The d%eplorable drowning of young
Halperin, the High School pupil. in
Crystal Lake yesterday, In view of the
circumstances surrounding the tragedy.
1t appears to me, could have peer pre-
vented. and shows negligence m
where. The pretty sheet Of water is a
most popular one. and, as the resort is
f~requented much by young people, and
young people are apt to be careless. 1t
should be properly protected. That
could be done easily enough by having
a rowboat equipped with life-pre-
servers patrol its waters.
II such a BOAT had beer on hand yes-
terday there is no doubt that a precious
life would have beer saved and there
would be no grief in the Halperin
household today. The season of lust
such accidents is now upon us, and
will soon be at the full flush. What
is true of Crystal Lake applies with
equal force to many other small bodies
of water in this part Of the State.
BENJAMIN.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
England ana '

the Editor of the Evening Star.
In Mr.. Roosevelt's famous Guildhall
speech, when receiving the freedom of
the city of London, the following pass
age
You r in Egypt for several pur-
poses. and among them one Of the great
est Is the benefit of the Egyptian people.
You saved them from ruin by coming
in, n at the present moment. II they
are not governed from outside, they
will again sink into a weller OF chaos.
Some nation must govern Egypt. !
hope and believe that you will decide
that it is your duty to be that nation
While 1t is true that British admin
istration In Egypt saved the country
from financial ruin, 1t is not at all
true that II not governed from outside
the Egyptian people will again sink
into a weller of chaos" On the con-
trary Sse Egyptians of today are per-
fectly capable of governing themselves.
and Mr.. Roossvelt's idea that some ma
ton must govern her is ridiculous in
the extreme.
The English have no right whatever
to remain in Egypt, now that her
finances are good and her institutions
stable and lasting. I'M for an Ameri-
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
THAT East orange Dance.

To the Editor Of the Evening Star:
In the year of our Lord 1910 the high
ly cultured society people of East Or
ange, they who contribute to the sup
port of the churches. they who sub
scribe to the belief which teaches that
Thy ~neighbor is any man, woman or
child, without regard to faith, race,
or creed" they who live in the home
town of the States chief executive,
who advocates the teaching of religion
In the schools. are at present engaged
in the courageous pastime of discrimi-
mating against two girls whom Divine
Providence caused to be born black.
Unless these unfortunate "undesir-
ables' promise to be good and keep
away from the dance of the High
School seniors the dance is to be stop
ped. But strange to say the father of
the girls refuses to accept ever so large
a sum as 500 for the admission tickets
the girls HOLLAND instead of promis-.
ing not to come they intend to be there
and with escorts, too-black escorts!
What a s%candalous ~situation!
Social intercourse between whites and
blacks is at present out of the ques-
ton. h negroe do not reach up to
the standard of the whites nor are they
very anxious to mingle with them. But
an open war against them will make
the negroes antagonistic, and although
these girls will feel uncomfortable in
the presence of so many of their me-
mics yet for the sake of a principle
they intend to sacrifice their own feel
ings. Martyrs, I call them. 1 do not
think that they would have attended
had they not been openly attacked.
THE poor we nave always with U.S.
the negroes, too. What are we going to
do with them? H. L. M.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
CREDIT FOR II GOOD DoNE BY

oN HE question occurs, what would be the general character of
il the legislation by Congress at this session if the insurgent
spirit had not arisen and, with the Democratic minority. made
such a formidable fight that Aldrichism and Cannonism had to
make concessions? For answer the PayneAIdrich tariff bill may be
pointed to. The session would be absolutely barren of good and
fruitful of great harm. Revolt in Senate and House and popular
criticism of the President were productive of all the good that comes
out of the session, and also proved effective in averting contemplated
evil. The question may be asked again, who is to get the credit for
the measure of good accomplished? Can the men in Congress who
fought reform at every point claim the credit? Will the Aldrich
senator's and the Cannon representatives impudently go into their
States and districts and hold up results won against their utmost
efforts as their work?
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
The People 5 Rostrum


can to urge that she, has such a right,
and should exercise it by frequent APP
plications of the "big stick policy, is
un-American, to say the least.
Egypt has more claim to home rule
ireland by right of conquest; In Egypt
their occupation of the country was on
the understanding that 1t would ter
inmate when order was restored in
that land. Order has peer restored,
and yet the British will not quit.
ANTI-HUMBUG.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20

IT f Senator John Kean gets the support of the Federal adminstra.
ton in his candidacy for reelection to the Senate, as it is init
mated that he will, Senator Kean will have one powerful aid
and one signal advantage over his party competitors. And there is
good reason to believe that he will not lack administration support.
During the present session of Congress there has been no more loyal
helper of Senator Aldrich than the New Jersey senator. He has
been with Aldrch first, last and all the time. The influence Of
Senator Aldrich with the administration is absolute. And Aldrich
stands by those who stand by him. The obligations of the present.
and past sessions cannot be forgotten. Nor is the possibility of the
election as Kean's successor Of some man who would join the body
of Republican insurgents in the Senate to be tolerated. There is no
insurgency in John Kean. He is not built that way. 1t may be
questioned whether a Federal administration should interpose in a
State campaign. But this has been done in other States recently,
and why not, then, in New Jersey?
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
HIS PRIMARY ELECTION EXPENSES 10000.

Ho1 CONGRESSMAN JOSEPH G. SHELLEY, of the Twentyeighth
W Pennsylvania district, got unenviable notoriety not long ago
by the publication of private records of a Standard Oil
magnate in which Sibleys name appeared in a compromising way
Notwithstanding this expose Sibley was repominated in his district
in the recent primaries and received 10,400 votes. Being obliged by
law to file a sworn statement of his primary election campaign ex
penses, Sibley owns up to the expenditure of 100000, to which must
be added the expenses of his election campaign Mr.. Sibeys salary
as congressman for a twoyear term is only $4,000. Sib1ey has
spent for his nomination, by his sworn acknowledgment, $4,000
more than the two years salary of a congressman, and he is yet to
prosecute an expensive campaign. Congressman John Dalzell, of.
the Thirtieth Pennsylvania district, confesses to a primary campaign
expenditure of $4,000, which is modest by comparison. Sibleys out
lay of money represents four dollars a head for the whole O,400
voters who supported him for the nomination. Can there be any
wonder that the American people are in revolt against existing
political conditions?
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
ROOSEVELT IN TEMPORARY REPOSE.

Io0 I~NCINNATUS, in the heydey of his personal popularity and
" power, retired to his farm and could not be drawn thence
except by a great national emergency. George Washington
sought retirement at Mt. Vernon. Roosevelt goes to Oyster Bay
after a triumphal progress in two hemispheres, and says: II am
ready and eager to do my part SO far as I am able in helping
solve problems which must be solved Roosevelt asks only two
months abstention from politics and affairs. He must have July
and August for domesticity and to get in closer touch with current
affairs. He will devote his energies to his editorial duties. Roose-
Welt is neither a Cincinnatus nor a Washington. He doesn't propose
to retire. He is impressed by the belief that his mission in the world
is only half fulfilled. He went to Africa after a long and strenuous
occupancy of the presidency, not so much to kill lions and elephants
as to restore his vitality, andfhe brought back with him a large stock
for future use. 1t will be in evidence in the fall. The puzzle at
present is Is to what direction it will take in the solution of the
national problems!
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-20
HEIGHT OF ExTRAvAGANCE.

Simon Legree (between acts A. D.
191O-Speaking of good old days In
actordom, why, I al remember the
time when Western audiences used to
shower us with gold and silver.
Little Eva-The Pikers. Why, l re-
call the period when all kinds of vege-
tables-and even eggs-were thrown on
the stage with a lavish handi-Ex-
change.