davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1909.
w. p. Knote, Appellee,

w. P. Knote, Appellee,
]. T. DeShurley, Appellant.
Appeal from Butler County.
AFFIRMED.
Syllabus BY the Court Porter. J.
One of the grounds for granting new
trial under the old code (Sec. 1868 was
that the verdict is not sustained by suffi-
cient evidence. The new code (Sec. 3O5)
reads: Fourth. that the verdict, report
or decision is in whole or in part contrary
to the evidence" Held, that both forms
of expression mean the same thing, that
is when the weight of the evidence as a
whole is not sufficient to justify the YER
dict.
All the Justices concurring.
A true copy. -
Attest: D. a. VALENTINE,
fSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1854
No II Hr1

NJ. 1tsOOt
No. 1850.
Dawson. Attorney-General, PLAINTIFF.
Charles H. Sessions, as Secretary OF
State, Defendant
Original Proceedings in Mandam1s.
WRIT DENIED.
Syllabus. BY the Court Benson J
l. A constitution must be interpreted
of government which it embodies. 1t
deals broadly with general subjects, and
its language should not be Interpreted in
any narrow, refined or subtle sense, but
should be held to mean what the words
imply to the common understanding of
men.
2 The words "if any bill should not be
returned within three days (Sundays ex-
cepted) after it shall have been presented
to the governor contained in section IA
| of article 2 of the constitution, relating to
| the veto power, would indicate to persons
| of common understanding that the gov
ernor should have three full working days
| to consider and act upon bill.
| g. The general rule (where the rule of
the code does not apply to include the
day on which an act is done in computing
Tune from or after an act or event. is not
lnflexible. When not expressly declared
| after" from SUBSEQUENT and the like.
| are susceptible of different Specifications,
and are used in different senses, having
| an inclusive or exclusive meaning Accord
| ing to the. subject matter, context, and
| the purpose to be accomplished.
:. considering the policy of the constl-
| laws and the probable understanding of
| the language in question by the people in
| adopting it, it is held that the three DAYS
| limited for the action of the governor
upon bills should be computed by exclud-
| ing the day on which thev are 1resentea
| to him.
s. a law is not complete until it has
peen f1nally acted upon by the two houses
Of the legislature and by the governor.
| although the action of the latter may be
| only negative. as when he permits a bill
the prescribed time. " "
8. Where the governor at the request
OF the legislature or of either house
| Inereof, has returned bill before aetna
upon it. and the bill is again presented to
MN for his approval or rejection, he has
| tne iuil period of three days thereafter ia
consider and act upon it, ~
| All the Justices concurrinr
| true copy
1 AttesI: d. A. VALENTINE
| lSealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

No. 16, 96l.
T. q. Kelly, ct al, Appellants,
VS..
H. L. Burgess, ct al, Appellees.
Appeal from Johnson County.
AFFIRMED.
Syllabus BY the Court. Bureh J.
l. Section 97S7, General Statutes of 1903,
requiring certain affirmative proof to
establish the validity of will written or
prepared by a person occupying a conf
Dental relation to the testator and who is
the sole or principal beneficiary in the
will, applies to the single case of a will
written or prepared by person in con-
fidential relation to the testator who re-
ceives the whc>s or the most considerable
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 17,070.
Dorothy D. Kline, ct al, Appellees

No. IL, 070.
Dorothy D. Kline, ct al, Appellees.
D. +. Cowan, ct al, Appellants.
Appeal from Lyon County
REVERS ED
SyHaDus. BY the Court. West, J.
l. The owner of hotel in another
State-a single man-bought furniture and
nAtures therefor of a hardware COM
pany. Thereafter he conveyed the hotel
In exchange for farm in Kansas, and
10 oeIraud his creditors and especially
the hardware company, procured the deed
Tor the land to be made to his siSter-in-
law and himself Jointly. Soon thereafter
he quit-claimed the land without consid-
Grafton to the husband of the sister-in-
claimed to her. Held, that the land is
sun to be regarded as the property of the
single man and subject to execution for
the DEBT of the hardware company, not
W1thStanding the sister-in-law and her
husband occupied it, and claimed it as
homestead before the judgments were re-
covered.
2 To impress land with a homestead
character some real interest or ownership
must exist, and mere gratuitous gran
tee OF one who conveys to defraud his
creditors does not acquire any real in
terest or ownership, and such grantee is
not entitled to an injunction against the
grantor's debts.
g. Deeds duly recorded impart notice
OF their contents but not of fraud prac-
tced by means of such deeds, unless their
character or terms are such as to furnish
evidence of such fraud or information
| which may lead to its discovery.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1908.
Lawson Cook, Appellee,

No. 1908
Lawson Cook, Appellee,
VS..
Joseph AndrianO, Appellant.
Appeal from Cheyenne County.
REVERSED.
Syllabus By the Court. Smith, j.
l. In an appeal from the decision or a
probate court as to the right of contest
ing claimants to purchase tract OF
school land, if an appeal bond be given
which is not the prescribed statutory form:
but is sufficient to give the district court
jurisdiction the appeal should not be dis
missed on motion therefor
2. In such case, the proper remedy is to
bond and upon his failure to comply with
such order his appeal may be dismissed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.1 Clerk Supreme Court.
NO. 1883
ST.. Hibbard, ct al, Appellants,
A. M. Barker, ct al, Appellees.
| Appeal from Montgomery County.
AFFIRMED.
Syllabus BY the Court. West, J
| /. A city of the second class has the
power under sections TIA and $50 of the
General Statutes of 1909. to extend its
waterWorks system by purchasing lane
| six and one-fourth miles beyond the city
| limits and procuring the right to lay
pipe line therefrom, and to issue bonds tt
pay for such extension, g majority of the
electors having voted in favor of such
| issue at an election duly called and held
! 2. Matters of mere municipal policy are
not for the courts to control.
All the Justices concurrlng.
| Attest: ID. a. VALENTINE.
| [Sea1.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1902.
E. B. Robertson, Appellant,


o. E. Talley, ct al, Appellees.
Appeal from Cheyenne County.
REVERSED.
Syllabus. By the Court. Mason, j.
1. One may bind himself personally by
an agreement to furnish deed to land
owned by another, even when he has no
present interest therein and no means of
compelling conveyance.
2. Such q contract, being in effect one
for the sale of land, is not enforcible I'M
less in writing.
s. Where one agrees orally that for a
certain sum to be paid him he will pro-
cure a deed to another from the owner
of tract of land, and under color of such
agreement delivers a paper purporting to
be such a deed and receives the stipu-
lated amount, he is liable for a return of
the money upon the instrument turning
out to be a forgery, regardless of what
he may have paid to the person of whom
he obtained it, and notwithstanding his
own good faith in the transaction.
4 Under such circumstances the gran
tee in the forged deed can not recover
from the person from whom he obtained
it the expenses of defending an action
brought by the owner of the land to re-
move the cloud cast on the title by the
recording of the spurious conveyance
All the Justices concurrIng.
A true copy.
Attest: D. A. VALENTINE,
tSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

No. Il, 096.
Joe Lane and F. H. Leonard, Appellees,
VS..
M. L. George and I. H. McQuilkin, APP
pellantS.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Porter. J.
A written contract for the exchange of
properties provided that one of the par
ties should convey to the other certain
farm. The exchange was made, the deed
conveying the land was delivered and the
grantee entered into possession. The
deed contained recital that the land was
conveyed subject to a certain mortgage
of $1,000 which the grantee assumed; In
an action by the grantor to recover dam
ages for a breach of the contract, held,
that the grantee by accepting the deed
without objection and remaining in pos
session of the land with no offer to re-
scind was estopped to set up the claim
that the grantor agreed to convey title
free from membranes.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
D. A. VALENTINE,
Clerk Supreme Court.

No. 1867.
Christ Lehrling. Revived in the name of
Emelie Lehrling, Administrative and
.devisee, Appellee,
Emil A: Lehrling, ct al, Appellants.
Appeal from Mcpherson County.
AFFIRMED.
syllabus. BY the Court. Benson, J.
The owner of farm was pressed by
nt1gat1on upon liability requiring imme-
date attention. His children, in whose
care he had left the farm, negotiated a
settlement of this claim and by letter ad-
V1sed their father, who was then in Ger
many, to convey the farm to them in
order that they might, as stated in their
letter, borrow the money necessary to
make the settlement upon a mortgage to
be given by them upon the land. He ap-
proved the settlement, executed the deed
they had sent to him, and returned it to
the grantees, who thereupon, borrowed
the necessary money, gave their note
therefor with a mortgage upon the land
to secure its payment, and used the
money as they had proposed in payment
of the claim referred to, and necessary
expenses. The father then returned to
his home, resumed possession of the farm.
and paid all expenses and Indebtedness
incurred by his children in the matter in
full. About fifteen years after resurning
possession of the land, he commenced this
action against his sons and daughter,
grantees in the deed, to quiet his title to
the farm; they pleaded ownership of the
land in fee simple under the deed referred
to, subject only to the use thereof by
their father during his lifetime. It is
held, that the action to quiet title may be
maintained; that the grantee in the deed
took the legal title in trust, arising by i'm
plication of law from the facts stated, to
raise the money required, for their faith
er's use, and that the purposes of the
trust having been accomplished the mort
gage satisfied, and all expenses paid, the
father is entitled to a decree quieting his
title.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
CSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
TRANSFER AND STORAGE.

STORAGE and transfer, Merchants
Transfer Co., Skinner & Gayhart- Phone
Us about storage. packing or freight II
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

No. 1858
Home Lumber >& Supply Company, Ap-
pellee,
VS..
School District Number One of Clark
County, Kansas, Appellant,
G. F. McCurley, ct al.
Appeal from Clark County.
AFFIRMED
Syllabus. BY the Court. Burch j.
l. The inclusion of non-lienable items in
statement for a mechanics lien does
not defeat the lien when there is no fall
sification of the statement, when such
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
LEGAL.

by the special finding that the deceased
at the time he was injured was in the en-
ploy of the defendant and that the super
intendent was acting for the company.
3. The law with respect to the negli-
gence of an independent contractor rests
upon the principle that one person should
not be compelled to answer for the fault
or negligence of another over whom he
has no control In actions to recover
damages for the alleged negligence of the
master, where the defense is that the
negligence was that OF an independent
contractor, courts will not hesitate to look
to the substance of the contract and all
the circumstances in order to determine
the actual relation which the owner of
the property SuStainS to the persons en-
ployed. The mere fact of nominal en-
ployTnent by an independent contractor
will not relieve the master of liability
where the servant is in fact in his en-
ploy.
4. Whenever the court can say from all
the circumstances that the contractor is
not Independent of the owner and that
the contract whatever it's terms is only
a colorado arrangement or device to en-
able the master to avoid liability to his
servants for the failure to perform a duty
which the law imposes upon him, the de-
tense that the injury was caused by an
Independent contractor should not be per-
mitted to prevail, and the failure to SUBJ
init such defense to the jury will not be
deemed error.
g. In this case it is held that there was
no substantial evidence showing that the
written contract relied upon in the an
| Swer was in force or that the superin-
| tendent at the time of the accident sus-
tanned to the company the relation of an
/ independent contractor.
! All the Justices concurring.
Johnston, C. J., concurring specially.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
PICTURE FRAMING.

-FRAMING, regi1ding, mat making. mount-
ing done by j. D. Sullivan. 122 W. EtshS8
street. Packing. shipping. etc.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
poon AND BILLIARD TABLES.

FOR SALE-New and secondhand bill
Hard and pool tables and bowling aIleya-
we lead the world in cheap bar Fix
lures; easy payments. Send for catalogue.
Brunswick Balke-Collender Co.. 132e-U
Main street. Kansas City. Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1852.
John Taggart, Appellant,

No. 16, 672.
John Taggart, Appellant,
VS..
The Chicago, Rock Island and Pacific
Railway Company, a corporation, APP
pellee.
Appeal from Morris County.
AFFIRMED.
Syllabus. BY the Court. Mason. J.
In fire case against railway COM
pany an instruction that disproof of negli-
gence in certain respects will constitute
a perfect defense amounts to a peremp-
tory instruction against the plaintiff as
to any other form of negligence charged.
All the Justices cOncurring.
true copy.
Attest: D. A VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
PATENTS.

PATENTS.
~~~~~~~~-~~>S~~--~~~~~~
J. A. ROSEN. patent attorney. S1x Ka~.
sas ave. Topeka. Kan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
PAVING.

CAPITAL CITY vITRIFIED BRICK n
PAVING CO., "a e. 9Th st. Mfgs. ee
building. paving and sidewalk brick.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
HOUSEHOLD GOODS.

Rugs made from old carpets; beauufuz
effects. Prices 500 and up. Carpets
cleaned. sewed. la6d. McCormtck-Osbogu
Rug Factory. so Van Buren,.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

LAWN mowers ground on factory ma
Chimes" perfect job, $1.00. Free delivery.
Ind SOB. Bell 1877 H. B. Howard.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

D. A. VALENTINE.
Clerk Supreme Court
The Kennewick courier. [volume] (Kennewick, Wash.) 1905-1914, 1911-06-16
GOOD WORK GOES ON
At THE TABERNACLE
Last Week Closed with 1875 Converts
Saturday and Sunday-.Another
week ends the Services

The union evangelistic meetings
being held in the Tabernacle under
the leadership Of Evangelist Bob
johnson and musical director, G.
Z. Pledger are doing more to wake
the people up and bring the church
people of all creeds together and
men and women to Christ, than
any other revival ever held in Ken
newick. Bob Johnson is a clear,
forceful and fearless speaker who
thoroughly believes in Gods word
and has the faculty of making it so
plain that it can be understood by
all. 10 him a spade is spade
and sin is sin and he with the
authority of Gods word condemns
in high places as well as the low.
Up to Saturday his messages had
been to the Christian people telling
them OF their privileges, obligations
and power. Saturday and Sunday
the call to the unconverted was
made and in response 1875 persons
gave their hearts to Christ and their
lives to His service. Saturday night
a choir of almost 200 children made
a most impressive scene and the
tabernacle way crowded to the limit
many having to stand on the out
side. Sunday morning at six
O'Clock was held perhaps one of
the most spiritual meetings of the
entire series 80 far. And after
Sunday school at 10: 3Othe different
schools of the town formed a pro-
cession and marched to the taber-
nacle which was very impressive.
Notwithstanding the intense heat,
all the services Of the day were we'll
attended, it being again impossible
to seat the people in the evening,
many giving their hearts to Christ.
The remainder of the meetings
bid fair to 80 increase in interest
that not only Kennewick will be
stirred and shaken as never before
but as many are coming from all
nearby towns, it will extend to
them. ~**
The Kennewick courier. [volume] (Kennewick, Wash.) 1905-1914, 1911-06-16
Leaning to Keep Bees
Paper by Mrs. S. B. Reade North Yakima Read Before the
Annual Convention Of the Washington State Beekeepers Assn

help. / shook the bees clinging to
the bushes into a large pan, opened
the hive, poured them in and re-
placed the cover. / was afraid to
brush those on the ground for fear
of injuring the queen. l took the
smoker on the opposite and attempt
ed to smoke the bees into the hive.
Presently the air was full of bees
and as quickly my animation drop
ped below zero. l thought l had
lost the swarm. All at once they
began settling and like regular
army marched into that hive to see
their queen. l clapped my hands
and shouted. Ihad, alone, unaided,
hived my first swarm of bees.
Our present method is to place
three or four frames Of foundation
and frame of honey, if we have
it, into hive and set it convenient
ly near. Shake or brush the bees
from the limb into a large pan and
pour them into the hive and cover.
Repeat the process if necessary.
We seldom ever have them leave
the hive, and never if we have Sc
cured the queen. The honey and
foundation attract them.
We always use.good tight hives
of standard make and size. If we
wish to change frame from one
hive to another, it will fit with
out any difficulty. Often this is a
great advantage. The apiarist may
take frame of brood from a strong
colony and insert it into a hive con-
tanning weak one to their mutual
benefit. This is only one of the
many ways in which uniform hives
and the necessary equipments are
advantageous and facilitate the
work of the apiarist.
What wonderful field of thought
is opened to us as we study the lives
and habits of bees! Where can
we find such examples of accuracy
in mechanical construction, of in
dustry, and perfection of method?
All eliminates at last in the pro-
duction of a grand climax of deli
cious sweetness called honey!
Last season Is hives increased to
81, a gain of Is, almost double the
original number. The best hive
made record of five supers, or 12O
pounds. It also cast a swarm that
filled super, "a pounds OF honey.
Both hives went into winter quarters
in good condition and with abun-
dant stores. Two good strong hives
filled with plenty Of honey and IA
pounds of first class surplus honey
was the grand total at the end of
the season for this hive. From the
p hives this season has harvested
over 1900 pounds of good market
able comb honey.
The Kennewick courier. [volume] (Kennewick, Wash.) 1905-1914, 1911-06-16

When we bought our home in
Yakima there were but a few di-
lapidated hives of bees on the place.
These at once attracted Mr.. Readle's
attention. He began watching the
bees and asking questions of every
one he thought could give him any
information on the subject. He
bought the "A BIC of Bee Culture"
and subscribed for a bee journal.
With head and hand he set to work
to learn the bee business; while I
with equal enthusiasm, studied
about poultry. Being partners in
life, we found it necessary to de-
pend upon each other for assistance
in our different lines; consequently
we learned much in common. Our
first step was to get those bees into
good hives and to introduce new
queens. One of the ladies on your
program sold us some queens and
gave us many helpful suggestions.
With fear and trembling / watched
her open the necessary hives with:
out a smoker to get the needed
queens. A neighbor, a pioneer bee
keeper, gave US some help. Let's
not forget the pioneers, but remem-
Der that their struggles in the early
Jays contributed to the present sue
cess OF us who arrive later to enjoy
Inc land they opened to civilization.
how we managed to accomplish
the changing of those bees would
Nil a long chapter. Let it suffice
10 say we had few singing ex-
perlences. By and by we thought
We would get out some honey. One
good neighbor told us to take the
cover Oft the hive over night and
'ne bees would go below for warmth.
III 'ne early morning we could easily
lake the super off. Dear hearers
you should have been there! This
whole audience would have been
entertained. The program was
something like this: a few singing
experiences repeated and the head
:. 'ne house defeated. His helpmeet
"s0tously applied whisk-broom,
saueht up the super, ran into the
'VOashed and slammed the door
I'n'no her. Finally we ended with
i ss4 excellent honey, for break
aust.
0'ep by step we proceeded, with
loss ;ng success. Where my leige
~ 'ea' followed on. One day,
sra My absence, I discovered a large
and ' o. bees issuing from a hive
Tho 1s'!llng on the raspberry bushes.
wa;.' 0fiarS would bend with their
pra sn' !, and many bees fell upon the,
mus 1uo' What should I do? II
the ~ get that swarm! I lighted
as na suioAer and placed hive as
"s'f as I could but that did nto
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-02-21
MAROONED ON
RIVER ISLAND
quincy Men Afraid to Venture Out
Into the Ice Filled Rushing
Waters.

QUlNCY, Ilf., Feb. 21.-Four Quincy
men--Harry Goodwin. Robert Wink
ier ]. Brown and Charles Rogers
are marooned on an island FIVE miles
below the city. none of them daring to
brave the dangers of the ice-filled riv-
er. The men went down in boat
sunday. their errand being to bank
many cords Of wood which have been
cut for the Quincy White Lime Co
me high water had threatened to
larry large part Of it away.
yesterday they failed to return
nome and fears for their safety were
entertained. Yesterday afternoon A,
Y, Long, manager of the lime com
pany, received a telephone message
ifom one of the men, he, with com
'ade, having crossed the river to q
,arm house. They realized that their
'amllies would be worried and took
.he risk to reassure all that the party
is safe.
IL is possible the men will remain
On the island for another day or two,
US they have plenty OF provisions
nave constructed house, and are in
comparative comfort. They have
saved the cord wood.