davidaulloa/AmericanStories huggingface dataset:
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-03-04

the peace and welfare of the islands,
Taking up the sale of the San Jose
estate, the report says:
"Mr. Welch had no sooner acquired
the San Jose estate for himself and
immediate associates than he caused
to be organized what have been de-
scribed in the majority report as the
California corporations. The stock
holders of these corporations are made
up of his wife, brcthers-in-law bust
ness associates and clerks. OF course
he is the dominating figure, and by the
community interest that is apparent in
the situation, there is to all practical
intent and purposes, holding of about
$4,000 acres of Philippine land by one
person. It Is possible that Mr.. Wee.
and these California corporations and
their stockholders have violated the
inhibitions of section Is against mem
bers of one corporation engaged in
agriculture being interested in similar
corporations, and in the light of the
testimony developed in this earring
that matter should have the attention
of the Philippine law officers. The
whole matter has worked out in such
manner as to clearly indicate what will
happen If the Philippines are thrown
open to exploitation by American cap
italists.
IF the balance OF the unoccupied
friar lands, amounting to about 1000
acres is permitted to go into the hands
of American capitalists, that will, W
the San Jose estate, amount to pr,ac-
tically half of them being acquired by
large land owners, no one of which
will. in all probability, live in the
islands. and it may be but me COM
mencement Of system of absentee
landlordism thai might develop into a
system equally as obnoxious as the
old one under the friars.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-03-04
LOCAL NEWS ITEMS
From Thursdays Daily.

Miss Carrie Brown, of Lockrldge
has returned home after visiting Will
Mrs. j. Glotfelty, 1873 North Greer
street.
Mrs. H.C. Evans of Des Moines, mas
returned home after visiting with Mrs
A. Odenwalder, POI Court avenue.
Mrs. Fred OFT of Abba, has returned
home AFTER visiting with Mrs. James
wright, 1873 Richards street Mrs
Wright accompanied her home.
Phillips Chyenkus, 419 East Main
street, left last evening for St. Paul.
Mimi, for an extended visit.
Mrs. J w Thomas OF Hepburn, has
returned home after visiting with Mrs.
j. q. Keller, 1404 Esct Main street.
Mrs. d. T. Williams, 1874 Fairview
avenue, and Mr.. and Mrs Howell
Price, 108 Park avenue. have gone to
Hiteman to attend the funeral Of Miss
Ruth Morgan.
Mr.. Z. I'D Mrs. Fred Carter have re-
turned to their home on North Jetfer-
son. street after visiting with Mr..
Carriers parents at Larimer, Iowa.
Mrs. Carter was formerly Miss Bertha
Cooper daughter Of Mr.. and Mrs.
L. w. Cooper.
Mrs. F. M. Woods, 100 Ottumwa
street, has gone to Oskaloosa for a
few days visit with friends.
Mrs. Charles Poulton, ZIG South JEFF
ferson street, returned home today Of
tersa VISIT with friends in Des Moines.
Miss Nell Field Of Payton, Iowa, is
in the city to make an extended visit
with her cousin, Mrs. John Huston 11S
East Woodland avenue, and with other
relatives.
Mrs. C. A. Cornell and children. Of
Bussey. are visiting at the home Of
DR.. and Mrs r. F. Lowry, 221 North
Marion street.
Mrs. L. M. Dennis, Of Highland Cen
ter, arrived here this morning and
will make her home in the city,
Mrs. J. Plowman. Of Kilbourne is Wis
iting at the home Of Mrs. Grant Wier,
1435 East Main street.
Mrs. Frank Adamson, 61S East Main
street, has gone to Pella for a few
days visit with friends.
Mrs. ]. B. Easter. of Fairfield, has
returned after business visit in the
city.
Mrs. d. Orr, 206 Fairview avenue
has gone to Kirkville for few days
visit with friends.
Mrs. A. e. Graves, 613 West Fifth
street, has returned home from an ex-
tended visit in the south.
Mr.. and Mrs. T. w. Reynolds, of
Hedrfck, returned home this morning
after business visit in the city.
Mrs. l. D. Baker, of Highland Center
who has been shopping In the city has
returned home.
Mrs. James Underwood, 401 South
Benton street, is visiting with friends
In Moravia this week.
E. L. Smith OF Bidwell, returned
home this morning after a short stay
in the city.
J. Mace Hagen, of Oskaloosa, left
this morning for Centerville, after a |
short business visit IN the city.
Miss Grayce Pierce. of Burlington,
has returned home after visiting with
Miss Madaline Steward, ia North |
Iowa avenue. a
Mrs. C. H. Crump, of Chillicothe, has
returned after shopping in the city.
Mrs. v. Butin, of Chillicothe, re-
turned home this afternoon after visit
ing with Mrs. G. E. Jenkins, 100 East !
Court street.
C. H. Stevenson, of Frederick, has |,
returned after business visit in the
city.
Miss Ethel Chisman, 125 North Davis
street, has gone to Bear Creek for
few days visit with friends.
Mrs. r. J. Dunlap of Keosauqua is
visiting with Mrs. H. G.. Sewer, PIG
South Ward street.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-03-04
Tri- eekly Courier

CHANGING ADDRESSES
Subscribers wishing their .dcres!
eAanged will please give th,. narae q.
the Postofhcs to which the pape: has
cssn sent ~ welt az the Po'tomfs
= here they desire II 70 he changed 20
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
Published in The Topeka State Journal
February IA 1911
SENATE BILL No. Is.

SENATE BILL No. Is.
AN ACT dedicating the tract of land
designated as square in ward three
in the city of Manhattan, Riley county,
Kansas, to the use of the public schools
of the city of Manhattan and for the
erection of school buildings thereon.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That the tract of land desig-
mated upon the original plat of the city
of Manhattan, in Riley county, Kansas,
in Ward three of said city, as SQUARE
be, and the same is hereby dedicated to
the use of the public schools of the said
city of Manhattan and for the erection
of school buildings thereon.
Sec ?. This act shall take effect and be
in force from and after it's publication in
the Official state paper.
I hereby certify that the above bill orig
mated in the Senate, and passed that body
February LIST, 1911.
RICHARD ]. HOPKINS,
President of the Senate.
WALTER A. JOHNSON,
Secretary of the Senate.
Passed the House February II, 1911.
G. H. BUCHANAN,
Speaker of the House
EARL AKERS.
Chief Clerk of the House.
Approved February 10, 1911.
w. r. STUBS, Governor.
= State of Kansas,
Office of the Secretary of State.
l, Chas H. Sessions, Secretary of State
Of the State of Kansas, do hereby certify
that the above and foregoing is a correct
copy of the original enrolled bill now on
file in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
ISeal.1 and affixed my official SEAL
this 14th day of February, 1911.
CHAS. H. SESSIONS.
Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1866,
State of Kansas, Appealed

John Harmon, Appellant
Appeal from SedgWick County.
AFFIRMED.
Syllabus. BY the Court West J.
Appellant. a hack driver, called about
midnight for two travelling men and
while in the building two girls, L and P,
under eighteen, entered the hack. The
two men entered and the four were driven
by appellant about twenty minutes, dur
ing which time one OF the men, v, COM
mitted a rape upon one of the girls, L.
She claims she called to appellant to let
the girls or the men out but it does
not appear that he responded to the call.
After the two men left the hack appel
liant permitted the two girls to remain
therein several hours and finally landed
them at hotel, giving them money to
informed against at the same time, one
for rape upon L and the other for rape
upon P, the same date being laid in each
information and the names OF the same
Nov. ell when appellants trial was
postponed upon his application. was
convicted of the ofense charged The
two girls testified in his case and L
claimed t6 have been worn by her when
the offenSe was committed by v and
claimed to have blood spots caused by its
commission. Two doctors testified as to
had been committed. Appellant was tried
Nov 18th and over his objection five of
the jurors in VS. case were permitted to
sit in trial of appellant, several of them
challenges. Held, error but owing to his
admission upon the stand. his conviction
being for an attempt only, the error is
not Substantial, and the judgment is af-
firmed.
All the Justices concurring.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
LEGAL.
Published in The Topeka State Journal
February IA, 1911
SUPREME COURT SYLLAD|.
No. 16, 4g7.
w. E. Hayes, Appellee,


w. E. Hayes, Appellee
VS.
The Missouri Kansas & Texas Railway
Company, Appellant
Appeal from Allen County.
REVERSED.
Syllabus. By the Court Smith. J;
to be placed at a loading chute, two
miles distant from. any station of the
cattle and without any contract as to
the shipment, except such as the law
implies, and the shipper accompanies the ne
the railroad station of the company, and
there calls upon the station agent to
which is done, and the shipper signs
the contract, receives copy thereon, pro-
ceeds on his journey and uses the con.
making any objection thereto, the ship
ment is held to be made under the writ
ten contract, although the shipper ne1tn,
er read or had an opportunity to read
the contract before entering upon the
train.
tains this stipulation:
1.-THE shipper further expressly agrees
that as a condition precedent to his right
injury to said cattle resulting from car
rier's negligence as aforesaid, lncludlng
delays he will give notice in writing to
the conductor in charge of the tram or
the nearest station or freight agent or the
carrier on whose line the injuries occur
before said cars leave that carriers ine
and before the cattle are mingled with
other cattle or removed from pens at des-
tination" Held, that in case the cattle
are removed from pens at destination
Wtthout any notice having been given as
required by this provision, that the ship
per cannot maintain an action for shrink
age of the cattle occasioned by carrier s
negligence in unnecessarily. shunting and
humping the cars containing the cattle
and in delaying the delivery of the cars
at the destination chute for unloading.
g. Loss of market and depreciation in
price resulting from Negligent delay IN
fhe delivery of the cattle may be recov-
cred without such notice.
All the Justices concurrIng.
A true copy.
Attest: ID. a. NAbEN LINE
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
LEGAL.

rate account thereof. and then takes the
money for the assessments from the COM
mon fund.
4. The statutory rule that no party
shall testify in his own behalf in respect
to any transaction had personally with
a person since deceased, where the ad-
verse party is the heir at law, next OF
kin or assignee of such deceased person,
does not apply where the adverse party
claims as the beneficiary OF certificate
issued by mutual benefit association to
such decedent, because the beneficiary
named in the certificate is not the as
signee of the member to whom it was
issued, and the circumstances that he is
in fact his heir or next of kin is not
material where his claim is not founded
on that relationship.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1915.
A. r. King, Appellant,
Charles E. Gibson ct al. Appellees.
Anneal from Sherman County.

Charles E. Gibson ct al. -Appellees.
Appeal from Sherman County.
AFFIRMED.
SYLLABUS BY the Court. Burch. j.
The case of Spicer VS.. Howe. 81 kan;
465, holding that the expression the real
property last hereinbefore DESCRIBED
used in the granting of a tax deed includ-
ed only one tract of several described IN
the deed. furnishes a rule or lnterpFe9a-
ton under the following conditions only:
The last description must be tnaI OIL
single tract which is segregated from the
others and described wholly apart from
them for some independent purpose, anu
no language must intervene between TINS
description and the operative words or
the grant which will extend the appnca-
ton of those words beyond That tract.
g In the case of Cartwright VS.. hor-
man 45 Kan SIS three features of the
deed considered were noted as indicating
that all the lots described were conveyed
they were all described together, and ar
forwards they were spoken of together
as ''said property" But it is not neces-
sarv that all these features should be
nresent in a tax deed to warrant the con-
cIusion that all the land sold is conveyed
by a grant of "real property last herein
before described.
last hereinbefore described" was inserted
in the statutory form of tax deed to des-
ignate the property sold as distinguished
the successful bid is for a less quantity
than the whole tract and to avoid repeat
ing the description Of the property 500.
to the property sold unless language De
used which diverts it beyond doubt from
the whole to some specific portion or
such property; and any doubt that the
whole is conveyed is removed by collect
i've reference to all the property imme-
diately preceding the grant.
An the Justices concurr1ng.
Attest: d. A. VALENTINE.
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
LEGAL.


Held. that although he testified that he
was earning the same wages as before
In his former employment a finding by
the jury that his injury was such as to
prevent him from performing regular la
Dor such as he performed before the in
jury. taken together with the. general
verdict in his favor, may and should be
harmonized herewith
s. The court charged that if the unsafe
and defective condition of the casting
could have been discovered by reasonably
careful inspection and vigilance the law
charges appellant with knowledge Of such
condition. The testimony showed that
actual knowledge did not exist. but 1t
was sufficient to support a finding that
it could have existed by the exercise OF
reasonable care. The jury found actuai
knowledge. The general verdict was for
appellee. Held, that such finding may
and should be constructed as equaVa-
lent to a finding that appellant should
have had such knowledge, the legal and
logical difference between such actual
and constructive findings being more
technical than substantial.
All the Justices concurring.
& A true COPY.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
D. A. VALENTINE.
Clerk Supreme Court
No. 1850.
Matte Crelly, Appellee,

No. 1850.
Matte Crelly, Appellee,
Missouri and Kansas Telephone Com
pany, a corporation, Appellant.
Appeal from Crawford County.
REVERSED.
Syllabus. BY the Court Johnston. c. ].
A local manager of telephone COM
pany demanded of an operator of the
company, who was about to quit the SER
vice, that she sign a voucher for the
compensation due her and when she re-
fused to sign the voucher he violently
assaulted and beat her. Held, in an ac-
ton brought by her against the tele-
phone company to recover damages for
the assault and resulting injuries, that
the assault and use of force by the local
manager to procure the signing of the
voucher was not within the scope of his
employment and the telephone company
was, therefore, not liable for his wrong
full act.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 1852.
Michael Aaron and Jeanette Aaron, his
wife, Appellees,

No 1852
Michael Aaron and Jeanette Aaron, his
wife, Appellees,
Missouri and Kansas Telephone Com
pany, corporation, Appellant.
Appeal from Leavenworth County.
REVERSED.
Syllabus. BY the Court Johnston. r. ].
1. The Interpretation of a written con-
tract introduced in evidence is an ex-
elusive function of the trial court and the
relations of the parties as we'll as their
duties and obligations under the contract
should be determined by the court and
embodied IN its charge to the jury.
2. Where, under a contract, one tele-
phone company places some wires upon
the poles of another company and an
employee of the former is killed, while
stripping the wires of his own company
from a defective pole belonging to the
other company, the duty of the owning
company to the leasing company and its
employees In respect to maintaining the
poles in a safe condition for the en-
ployees of the leasing company and its
liabilities for injuries sustained by such
employees while working upon the poles
are matters of law for the determination
of the court and to leave the jury to
determine both the law and the facts is
reversible error.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

HOUSE BILL No. 49,
AN ACT relating to annual ana .s spSn1.s
school meetings and amending Secuonss
T669 and 7544 of the General StatuteS u
I9G9 and section e251 of the S5 Is lsi a
Statutes of 1901, and repeating SAID orls-
Re- ma II enacted enacted by the Legislature of the
State of Kansas: ,.1 ,,naat
t,, ~ each school district, of eacn con-
soIidated school district, OF each uIiloi l VI
e-.aIad school district, and OF each schoo1I
5ss+rict for which the date or the annual
US has been fixed by special acL
Of the legislature, shall be nelo On Nt nF
second Friday in april IN ea a6 +y1aa and
T1ace of said annual meeting shan pc
zen Zen BY the clerk by posting written OF
Pr .tIi- the district at least ten days before
Va meeting. Special meetings may Dc
ceiIed by the district board or upon
Itaatitiou Signed by ten legal voters OF the
lIstTic4 Int notice of such special meet
10 stating the purpose Tor Whlcn II Is
called. shall be posted IN at leasl t M &c
rubiic places within SUCH district ten GAYS
ITeTiOls to the time of such neetlnB,
crowded, that the annual scnooI nleetlns
for union or graded school dlstflcts COM
e.booi districts shall be held at two O'Clock
= M on the Thursday immediately pre-
ceding the second Friday IN April IN each
yS zee. ?. That sections. 74O2 and 7s44 of
ne General Statutes of 1903, and section
6951 of the General Statutes or ISOl' aHa
I'll acts or parts of acts in conflict with
ne me provisions of this act, are hereby re-
Sec. 8. That the provisions of this act
shall take effect and be in force from ana
after its publication in the official state
paper. -. -. 49,, III, orig.
mated in the House, and passed that pody
G. H. BUCHANAN.
Speaker of the House.
EARL AKERS.
Chief Clerk of the House.
Passed the Senate February II, 1911
RICHARD J. HOPKINS,
President of the Senate.
WALTER A. JOHNSON,
Secretary of the Senate.
Approved February IS. 1911.
w. R. STUBBS, Governor.
State of Kansas,
Office of the Secretary of State.
7, Chas II. Sessions, Secretary of state
of the State of Kansas do hereby ceruly
that the above and foregoing is correct
COPY of the original enrolled bill now on
file in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
[SeaLJ and affixed my official seal!
this 18th day of February, 1911
CHAS H. SESSIONS,
Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
LEGAL.
No. 1912.
Henry H. Routh, Az

AAOAA&J II. 1lOut41s t<aPk5O1AO~'
The Board of County Commissioners of
Finney County, Kansas, Appellant.
AFFIRMED.
syllabus. BY the Court. Mason. ].
The board of county commissioners
IN passing upon claims against the county
does not exercise strictly judicial func-
ton; the appeal which the statute gives
from its dfsailowanee of an account is
merely method for getting the contro-
Fersy into court. The district court upon
such an appeal exercises original juris-
diction and may adjudicate question of
title to real estate if the validity of the
claim is affected thereby.
Z. A judgment which may have resulted
from determination of either one of
TWO Or more separate issues does not
constitute an adjudication as to either,
where 1t Is not shown upon which it was
in fact based.
8. A judgment against the plaintiff in
an action for rent. where the issues were
whether the plaintiff owned the property
and whether the defendant occupied 1t
under such circumstances as to create an
obligation to pay rent to the owner, does
not estop the plaintiff to assert the same
title in ejectment subsequently brought
against the same defendant, in the alb
sence of a showing that the court in the
first action actually decided the question
OF title against the plaintiff.
All the Justices concurrtng.
A true copy.
Attest: D. A VALENTINE,
ESeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
D. A. VALENTINE.
Clerk Supreme Court
No. 17,141.
The City of Minneoia, Appellee,

No. 17,141
The City of Minneola, Appellee,
L. c. Naylor. Appellant
Appeal from Clark County.
AFFIRMED
Syllabus. BY the Court. Smith, j.
1. Section 1879. Gen. Stat. 1909 is
general provision for the government of
cities OF the third class, and authorizes
the enactment of ordinances prohibiting
not only acts which, under the laws of
the state, are defined misdemeanorS
but other acts, not so classed, which are
against the peace and welfare of the city.
The maximum penalty authorized by this
section for a violation of any such ordi-
nance Is one hundred dollars and no
minimum penalty is prescribed. If the Of
Tense be such as is denounced by the
state law a miSdemeanor. the penalty
under an ordinance prohibiting the act
may be greater or less than the penalty
under the state law.
2. Section of chapter 232, laws of
1901, is a special provision for the en-
forcement of the prohabitory liquor law
and preScribes maximum and minimum
penalty which may be provided by ordi-
nances of cities of the first, second and
third class for violation thereof.
All the Justices concurr1ng.
A true copy.
Attest: D. A VALENTINE,
[SeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

No. 1908.
L. B. Payne, Appellee,
A. A. Barlow and the State of Kansas,
Interpleader, Appellants.
Appeal from Haskell County.
AFFIRMED.
Syllabus BY the Court. Benson,
l. The provisions of chapter pa of
the Laws of 1899, giving authority to GER
tain officers to lease school lands are not
obnoxious to section 16 of Article II of
the constitution which provides that mo
bill shall contain more than one subject,
which shall be clearly expressed in its
title
within five years next preceding the ex-
ecution of a lease thereon is not condf-
ton precedent to the exercise of the pow
err to lease 81
exceeding. five years. As. under the re-
striction imposed by Section five of Ar
ticle VI of the constitution, subject to re-
valuation every five<years; THAT is, a
lease is burdened wfthEthe condition that
the rentals may be changed at each val
uation.
An the Justices coicurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
D. A. VALENTINE,
Clerk Supreme Court

No. 1851.
Matteo Greco, minor, by Pietro Greco,
his next friend, Appellee,
VS..
The western States Portland Cement
Company, corporation, Appellant.
Appeal from Montgomery County.
REVERSED.
Syllabus. BY the Court Porter, j.
/. In an action founded upon negii-
gence. the plaintiff must recover upon
some act of negligence alleged in the Pc
tition and submitted under proper instruc-
lions to the jury.
2. In such an action, where the court
instructs, the jury that they may con-
slider only certain acts Of negligence
claimed, and the jury return a verdict
in favor of the plaintiff and a. special
finding that the negligence which was
the proximate cause Of the injury was
something not alleged in the petition nor
included within the claims of negligence
to which the instructions restricted the
jury, the general verdict will not be per-
mitted to. stand. and the judgment will
be set aside and a new trial ordered.
Johnston, c. J., Burch, J., Mason, J.,
and Smith, j., concurring.
Benson, J., and West, j., dissenting
Attest: D. A. VALENTINE,
ISeal.I Clerk Supreme Court