davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
No. II, 223.
Henry G. Fisher. Appellee,

s. E. Spiilman, ct al, Appellants.
Appeal from Allen County
REVERSED
Syllabus. BY the Court. Porter j.
/. Stove Works V. CasWel, IS Kan 6S9
and AIulvane v. Sedgley, So Kan. los, fol-
lowed and held in an action on a prom
issory note that an answer admitting the
execution and delivery of the note and al
leging that it was secured by a mortgage
on certain real estate in Iowa, that the
defendants afterward sold and conveyed
the land to a third person who assumed
and agreed to pay the mortgage indebted
ness, that the plaintiff as payee accepted
him as his creditor and afterWard without
the knowledge or consent of the defend
ants made a valid agreement with the
purchaser extending the time of payment
of the debt states a good defense.
2 Neither the promise of such pur-
chaser to the debtor to discharge his in
debtedness nor the acceptance by the
creditor of the purchaser as his debtor Is
within the statute of frauds
s. In an action on promlssory note
brought by the payee an unver1fed gen
eral denial raises no issue
f. No provision of the Code OF Civil
Procedure nor any rule of court requires
the abstract to show notice or proof of
notice of appeal.
All the Justices concurrtng.
A true copy -
Attest: ID. "A. NALEN Tine.
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
No. 1855.
H. K. Goodrich,

No. 1856.
H K. Goodrich,
George G. O'NeiH, The City of Topeka, J.
r. Billiard, Mayor; Roy L. Bone, H. P
Miller W. C. Tandy, and z. B. Stotts,
Commissioners.
Original Proceedings in QUO Warranto-
Demurrer to Petition Sustained.
Sv'fa bus Sy the court MASON, >
The statute requiring certain appoint
noents in cities operating under the com
mission form of government to be made
from a certified list of candidates who
have excelled in a civil service eXamina-
tion. is not limited in its operation by the
earlier statute requiring the appointment
Of an ex-soldier whenever one who Is
competent is an applicant for position
IL the public service; TO any office
covered by the later law an ex-soldier to
be eligible for appointment must nave
taken the examination and been placed
upon the certified list.
All the Justices concurring-
Attest. D A VALENTINE.
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
No. II Os.
NO. II 1U6.
w. S. Johnson, Appellee,

W. S. Johnson, Appellee,
vs.
The Oil Well Supply Company of Pitts
burg Pennsylvania, a corporation, and
\. T. Lucas, Appellants
Appeal from Shawnee County
MODIFIED.
Syllabus. BY the Court. West. J.
The holder of a note and chattel mort
gage made to secure the same sued for
the wrongful conversion OF the mortgaged
property and rightfully recovered a judg-
ment for the amount of his note up to the
day of trial. including the rate of inter-
est specified in such note, 1870 Held, that
such Judgment can under Gen. Stat.
Secs. 4347-4S4S bear only SO interest
All the Justices concurring.
A true copy.
Attest: ID. a. VALENTINE.
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
No. II, 221.
P. NJ. Ahlstrom, Appellant,


The Kansas Milling Company. Appellee.
Appeal from Sedgwick County
REVERSED
syllabus b. the Court Mason, j.
Where in an action brought by an en-
nlovee on account of personal injuries,
the Jury find specifically that the plain
Tiff did not know of his danger and could
not have known of it by the exercise or
ance a new trial is not required by reason
Of further findings to the effect that there
was nothing to prevent the plaintiff from
knowing of his danger, or to prevent him
from refusing to do the work, and that
the danger was so great that he ought
not to have performed the labor although
directed to do so.
All the Justices concurring-
true copy
Attest: u. A NAbENI1NE l..
1ceaiI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
D. A. VALENTINE,
Clerk Supreme Court.
No. 17,217.
Lilly Campbell Appellee,

No 17.217.
Lilly Campbell, Appellee,
VS..
Chase w. Brown. Appellant
Appeal from Neosho County.
AFFIRMED
SYLLABUS BY the Court West, J.
1. In an action by a widow to recover
damages for the death of her husband
caused by the alleged negligent sale by a
druggist to him of wood alcohol which he
mistook for grain alcohol and drank,
causing his death. the stomach of the de-
ceased and a sample of the liquid were
sent for examination and analysis to wit
nesses who were permitted to testify as
to statements made by the persons de-
Iivering such stomach and sample as to
whence they came. Held hearsay and in
competent But as other and competent
evidence sufficiently showed their identity
and unchanged condition, such hearsay
was not materially prejudicial
2 The jury found that the deceased
purchased or had no other nuqor on the
occasion in question, which finding was
contrary to the undisputed evidence of
the only witness who testified on this
point Held that the court did not err in
refusing to set aside such finding, for the
reason that the jury We're the judges of
the credibility of such witness and were
not required to believe him.
g. 1t was iInmaterial whether or not the
deceased applied for alcohol for use as a
medicine intending to use 1t as a bev-
eraze as this if true, would be no justi-
fication or defense for selling wood aleo-
hol unlabeled.
4. The pharmacy act (Gen. Stat. 1909.
Secs S0g5-s112) does not by legislative con-
crimes act (GTen. Stat 1903. Sec. 2763) rem
der it lawful for one whether registered
pharmacist or not to sell wood alcohol
without Labelling it as poison.
8 When instead of discussing the
merits of the case each of the Jurors
marks down the amount he thinks the
nIaintiff should recover, and the amounts;
are added and the sum divided by twelve,
and an amount materially less than the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

No. II, pa
In re Laura Pryse Hickey, Petitioner.
Appeal from Franklin County.
Proceedings in F1abeas Corpus.
AFFIRMED.
Syllabus BY the Court Benson. J.
In determining the custody of a child
his welfare is the paramount considera-
ton. Even parental love must yield to
the claims of another if, after due judi
cial investigation, it is found that the
highest good of the child requires it.
All the Justices concurrIng.
A true CODY
Attest D. A VALENTINE.
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
Published in The Topeka State Journal
October 10. I'LL
oFF1cIAL cITY coAlMIssIoN PRo-

OFFICIAL CITY COMMISSION PRO-
CEEDINGS.
Commission Chamber, Topeka, Kansas,
mission met in regular adjourned session
at 500 o'clock a. m, with the following
commissioners present: Commissioners
Bone, Miller, Stotts and Tandy-4. Mayor
Billiard in the chair.
Claims and accounts against the City OF
Topeka for the month of September, 1911.
commissioner randy, recommended to be
allowed and paid from funds, as follows.
General Revenue Fund (Miscel-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

'Sa'EW,ING MACHINES repaired. cleaned
sla adjusted by an expert of 20 years.
s4perlence at rs West Fifth
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

= REFAlh al kinds of sewing ma
chimes at the New Home and NOV, 80
office. W. P. Frost, over 1Oc store. Phone
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

AUTO TIRES vulcanized. radiators 70
pared by experienced mechanics at 125
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
PHOTOGRAPHER

WEHE's pictures please You get your
moneys worth. then some. TrY him
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-200 odd sized windows for less
than half retail value. The Chicago
Lumber Co., N. w. Cor. 3rd and Jackson
Phones u.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-Two folding beds and other
household furniture 1904 Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
CIDER.

~-----------'----
Washburn cider Works win deliver
sweet cider Monday. Wednesday. Friday
and Saturday. Ind phone 2slb Black
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-Cheap delivery horse. deliv-
ery wagon, counters. 1 desk, coffee
mill 100 Topeka ave. Both phones 5S6-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

HONEYSUCKLE and Cinnamon vines. 8
for 25c. Ind. 1862. 1872 Topeka ave.
Bulbs for sc.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
D. A. VALENTINE,
Clerk Supreme Court.
Nos. 1887 and 17,12S.
L. a. Golden, Appellee,

Nos. 1887 and II, 1913.
L. a. Golden, Appellee,
F. NJ. C1audeI. Appellant
l. A. Golden, Appellee,
F. NJ. ClaudeII, Appellant
Appeals from Smith County.
AFFIRMED.
Syllabus. BY the Court. Benson J
l. Written authority of brokers to sell
lands contained the following clause: Il,
F. M. Claudell, do hereby authorize Mahin
& Mahin to bargain and sell in my
name" the property described. This con-
ferred power the agents to negotiate
for the sale, and to conclude a contract
in the owners name binding him to make
conveyance, the language quoted not
being limited qualified in any way.
2. An agreement for the sale of land
reciting the names Of parties, the sale of
the land described, and the consideration
and terms of payment contained the fol-
lowing clause:
Party of the first part is to convey
said land by warranty deed and furnish
an abstract of title showing said land to
be free and clear of all incumbrance and
title perfect. Party of the second part is
to take said lands subject to the lease now
on the same for the year 1906
1t is held that the instrument created
mutual obIgations-of the vendor to con-
vey and of the vendee to accept the con-
veyance and pay the consideration &C
cording to the terms stated.
3. The Vendee in the contract above re-
ferred to delayed the commencement of
action for three years and fifteen days
after the reputation of the agreement by
the vendor. During about half of that
time an action by the agents of the ven
dor to recover their commission was pend
ing against him, wherein he interposed as
a defense the want of authority of the
agents to conclude binding contract in
his name. which is one of the defenses
presented in this action. The vendor
stated to third persons that if defeated in
that action he would make the convey
ance and this statement was commune
Gated to the vendee. The vendee's attor-
neys advised that the commencement of
this suit should be delayed until the de-
termination of the action referred to,
which was determined adversely to the
vendor. Upon these facts and the at
tending circumstances the conclusion of
the district court that specific perform
ance was not barred by laches will not be
reversed.
All the Justices concurring.
A true copy.
Attest; D A VALENTINE.
LSeaL1 Clerk Supreme Court
No. II, pa
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

Nor SALE-Phonograph records 1870 Co
vi lumbia and Victor disk records, zoe each.
235 Jackson ST
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
10 BEGINNERS

It may be OF interest to violin students
2, topeka to know that Mr. Samuel
1or many years a violinist with +bs
symphony Orchestra under the direction
q Sohn behr and Carl Busch, has located
n y. 4opeka, and has organized a class for
BEGINNERS on violin, and will be pieased
% nave any one interested to cali ar bis
S SHlo' Iul East nth st. Ind. phone as5S
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10
MISCELLANEOUS.

MISS EFFIE ARNETT. propria+o- =, -.
Kansas City Dyers and Cleaners, has
succeeded in securing the assistance of an
e1peIt oyer and cleaner and is now pre-
pared to do better work than e(1er o,e7
mas added a dressmaking department
191 West 6th st. Ind. phone 195.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR sAL.E-A heavy walnut standing
desk about z feet long, ST. Merchants
Transfer Co.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR sALE-Gas range, cheap. 426 Jeffer-
son St. upstairs.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-Standard bred driving mare,
rubber tired, auto seat and top buggy;
also harness. 1925 Clay.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE@The Baldwin piano Artists,
teachers, musicians, or those desiring
the highest grade piano are invited to in
spect the beautifully toned Baldwin piano.
BY appointment. Joe Roe & Son, with
J. c. Harding Co. 1O6 E. 9Th. Phones 14S5
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-Gas range. cheap. Inquire
10l3 Arch.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-Furniture and chainless
wheel; leaving city. $40 Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-Winter apples at the King
orchard, 10 to 70 cents a bushel. Pickers
wanted. Ind. 127S-Ring L. Call after p.
m j. H. Weaver.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

Is YOUNG horses and mares; also reg
istered Young driving mare. 12S Top. ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

DR.. LYDIA A. AGUMA, 11o5 r ST., -
Chronic diseases q speciality -
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

D. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

Z. 4. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

191h acres near Seabrook, unimproved;
.4ea1est tract west of town. Good view
of the city; good soil. \ sure bargain Ind
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR SALE-Homer pigeons, 20 mate,
pairs. all working. CAL 709 TAYLOR st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

HOT WATER BAGS and rubber boots. re-
paired at 125 West Fifth.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-10

FOR sALE-New and secondhand ~
lard aRd pool tables and bowling aueya
We lead the world In cheap bar fiH-
lures; easy payments. Send Tor cataloEue
Brunswick Balke-Collender Co. la<l-a
Main street Kansas Fily. Ne
Omaha daily bee., 1911-09-24
Suit, at $3.50 to $45 90

Suits at these prices are of two
toned zibelines in such popular conf
binations as brown and black, cadet
blue and black and coronation pur-
pie and black. Two-button cut
away styles with large revers trim
med with velvet and embroidered
cuffs to match. Skirts have panels,
two large folds and high girdles.
Omaha daily bee., 1911-09-24
Quality Furs

and stylish furs are one and the
same at the Bennett Store.
Every coat and piece is fin
ished with a lining that CORES
ponds in quality to the fur--one
must give as satisfactory wear
as the other. But fur styles
change and you will come here
for the newest innovations.
River mink coats at $500 and up.
Russian pony coats at $500
and up.
Pony coats at $500 and up
Nearseal coats at $500 and up.
Red Fox sets at $3.50 each.
Natural mink sets, $3.50 and up
Black fox sets, $500 and up.
Silver fox sets at S29.50 and up.
And many others as reasonably priced
Omaha daily bee., 1911-09-24
Miss Henson
In charge OF the
Designing Room
Stylish Corsets

Our Madame Grace corsets
combine all the elements of
style and beauty that go to
make a good corset as we'll as
many other desirable features
possessed by no other line.
They are made of imported silk
batiste or Italian cloth and boned
with boning that is guaranteed.
They are beautifully trimmed and
the hose supporters are covered to
protect the flesh and garments.
To bring out to the fullest the
perfect fit of the costumes and suits
you should select a corset from this
superior line. Here are models for
every figure, from the little French
stage corset to the most extreme
style
Priced at $500 to $500.
Omaha daily bee., 1911-09-24
Tailored Suits at 90

English cheviots, mannish wor-
steds, French boucle cloths and
striped homespuns enter into the
making of this superior line. Coats
are in cutaway and plain straight
models. Velvets, fancy buttons,
braiding and silk frogs and orna-
ments are greatly used in the many
trimming schemes. Skirts trimmed
to match the cloth.
Omaha daily bee., 1911-09-24
Guaranteed WILLOW Plu111es

Monday only we will give to all who come one if
our handsome black guaranteed willow plumes,
worth $500 and $3.50, for $3.50. A small de-
post will reserve it for fu- n7CEO
ture delivery. Our written 'NInD ]
guarantee with each plume. ~ AO'OO
Omaha daily bee., 1911-09-24
Imported NeuO Dress Shapes

large assortment of the newest Persian dress
shapes of very fine velvets and the best quality
hatter's plush--no two hats alike actual $1,000
to $500 values offered as a h7 m
special for one day only-Mon- NJ
day. NEUTRALITY-SUSPICIOUS.. ~ ~
Omaha daily bee., 1911-09-24
Junior Coats. So so to $3.50

Quite a pleasing assortment of
girlish styles will also be given spe-
cial attention this week. Coats of
checked and plaid back materials
are most stylish while the new Jun
Tor polo coat finds favor with many
girls and their mothers. Cadet blues,
tans, grays and browns for ages l3
to II years. Also Junior suits.
Omaha daily bee., 1911-09-24
Coats at $500 to $500

Coats at $500 to $500
Rough materials have the call in
the coat stock although mixtures,
striped materials and reversible
cloths are much in evidence. Large
revers and large collars are in high
favor and velvets and large fancy
buttons relieve the garments at col
lars, cuffs and pockets. Brown,
purple, tan, Royal gray and other
colors as please your fancy.
Omaha daily bee., 1911-09-24

effective ideas shown low neck styles for evening
white satns with floral bodeTng gold
bradng yoke; skirts and waists trimmed with black
Of pale blue net made satin with deep floral Dor
pink satin folds gold lace trimmed
Also pretty dresses for street and informal
Omaha daily bee., 1911-09-24

Fine Tailored Suits at $4e5o to $50 so

The majority of these made from the finest chiffon broad
cloths cadet bue black the shades The
heavily embroidered collars and cuffs of velvet with silk
embroidery work and finest Innings The skirts
both back finished with embroidery
the coats. Very smart and dressy
Omaha daily bee., 1911-09-24

A Kitchen Cabinet A1Oay Free September
the Six B Reasons 70 Using a. sellers No 8 Cbt We NoU
Free
arranged a part are access Thorough fitting an lowering
@
~ an rec ling al possibility or uam Gf
Omaha daily bee., 1911-09-24
This Unfolding of Winter Garn1e

lno
discovered at o da abroad o. f he can read nasaI
NJ
ThevMi B lines NJ " we al a o the ain led
Trimmings me Q unvaynga qmiy
The Washington herald., 1911-07-23
Special to The Washington Herald.

Special TO The Washington Herald.
New York, July 22.-Mrs. Kate Trim
BILE woolsey a resident suffragist men,
Der of seventy-five woman's organiza-
tions, and author Of Republics Versus
Woman" has advanced an amazing
philosophy which answers the statement
OF DR.. Lee Deforest that his marriage
was only a biological reason"
DR.. Deforest is suing for divorce. His
Wife Is Nora Blatch Deforest, daughter
of the suffrage leader. Mrs. Harriet STAN
ton Blatch. The doctor declares his suf-
fragist wife and mother-in-law ignored
him after the birth of a fine suffrag &c
baby girl
Mrs. woolsey, in an interview at AS
bury Park to-day. stated that DR.. De-
forest, in rebelling against being only
biological factor Of the family life, -
merely reflected mans changed position
in society. He simply represented. she
said. the first man to be caught in this
whirl OF an evolution ushering in a new
woman aided by the suffrage movement,
who would rule the world.
Mrs. woolsey declared that her views
sufrragists and by the leading writers
and scientists Of Europe. with whom
she discussed the subject at the great
International gathering Of scientists in
Brussels. She Is putting these views in
a book entitled The Superwoman."
Suffrage is only one Of the powerful
agencies which are hMrrying in the ad-
vent OF the superwoman," said Mrs.
woolsey.
Neither the personal feelings Of DR.
Deforest nor of any other creature can
alter this tremendous fact.
'Our institutions are built wholly upon
woman's economic dependence on man.
and when woman is economically free-a
condition which science and invention
will secure to her-it is inevitable that
our present forms Of marriage. religion.
and laws will topple to their ruin.
woman's Freedom Near.
':Our women are not only growing
larger physically, but in every field OF
mental activity they are catching up
with the men. If they can gain SO much
with a partial liberty and independence,
what may we not expect when suffrage
gives them absolute freedom from man
made laws?
Woman is rapidly coming into her
rights. and 1 firmly believe that she will
eventually rule the word. I believe also
that it will be a much pleasanter world to
live in when she does rule 1t.
Man Is rapidly eliminating himself. 1t
is natures law-the survival of the fit
test. The male was an afterthought OF
nature. He was at first, and Is still
many orders Of being, solely
useful in the propagation Of the race.
throughout the animal world, below
man, the female is supreme. the males
are unable to corral the food supplies
and the females. therefore, being eco
nomically free, select males that nave
the highest value for the race.
Women" continued Mrs. Woolsey'
The Washington herald., 1911-07-23
CATTLEMEN HELD
FOR NIGHT RAID
Landowners and Employees
Jailed by q. s. Marshal.

Denver, July 22-Charged with acts OF
oppression, intimidation. and wanton de-
struction Of property, nine citizens Of
Colorado. some worth at least 100000
in property, others reckless ranch hands.
were arrested to-day by Deputy United
States Marshal E. c. Jeffords. The ar
rests were ordered by the United States
Land once
The alleged principals in the AFFAIR
are Eugene Buchanan. Sterling bank
director, rich cattleman. irrigation pro-
noter, and alleged leader Of the gang OF
raiders. and Irving Monette, Of Peets,
Colo, rich cattleman. The others are
said to be employees Of Buchanan and
Menette.
The defendants are charged with ap-
pearing at daybreak at the homestead
of J. II. Scott, civil war veteran, twen-
ty miles from Sterling. near the Nebraska
line, armed with shotguns and revolvers,
and destroying. all property on, the place.
The complaint charges that the sole
object Of the raiders was to drive Scott
or the homestead. now considered to be
one of the best in the neighborhood. and
valued at. 500 an acre. because II In
closed a watering hole used by the
cattle OF Buchanan, Monette. and the
other rich ranchers Of the neishborhood
for more than quarter oe . century.