davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14
No. 1896.
Jennie Carter, Appellee,

Matte Mosier, Appellant.
Appeal from Allen county.
AFFIRMED.
Syllabus BY the Court. West, j.
A Quit-claiIn deed to real estate owned
by the material grandmother of the
grantor (the mother of the latter being
deceased) who expects to inherit from her
a share thereof conveys nothing and does
not preclude the grantor from subsequent
ly claiming the share devised by the
grandmother to the deceased mother of
the grantor.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
[SeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14

No. 1871.
F. H. Evans and H ]. Evans, partners
under the firm name and style of Evans
Bros, Appellees.
R. S. Moseley and e. S. Downs. APP
Appeal from Finney County.
REVERSED.
Syllabus BY the Court. west, J.
1. A contract for the purchase of about
after providing for receiving the cattle on
the terms and conditions therein set forth,
contained the following: And failure on
shall cause the forfeiture of the advance
payment of three thousand dollars this
day made. The party of the first part
hereby acknowledges receipt from the
party of the second part of three thousand
dollars as partial or advance payment on
to said party of the second part In the
event of the party of the first part failing
of this contract, and same shall be paid
by said first party in addition to any and
all sums which shall become payable to
said party of the second part by reason
of any shortage in numbers of head of
cattle as hereinafter provided" Held, to
be stipulation for penalty and not for
liquidated damages.
2 While, ordinarily. parties are bound
by the terms of their contracts unless it
appears that they bona fide and actually
intended to stipulate for hquidated dam
ages, they will be presumed to have in
the language used is susceptible of either
construction, or where actual damages
might without serious difficulty, have
been estimated in advance, or where the
sum named would be recoverable alike for
a partial or for q total breach.
g. The market price of stock cattle at
Garden City is largely governed by the
price at Kansas City, less the freight, and
In an action to recover damages for fail
ure to purchase ana receive such cattle
their market price at Kansas City at
such time, the rule being that the best
evidence of which a case is susceptible
should be produced.
l. The trial court is not an autonaaton
or mere umpire, and should exercise a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14

No. 1888.
In the matter of the application of M. G..
Gardner for writ of habeas corpus.
ORIGINAL PROCEEDING.
PETITIONER DISCHARGED.
Syllabus BY the Court. Burch, j.
Chapter 1913 of the laws of 1895. provid-
ing that the officers and men of the Kan
sas National Guard shall when in the
performance of military duty be trans
ported on all railroads of the state at the
rate of one cent per mile, denies to the
railroad companies the equal protection
of the laws guaranteed by the fourteenth
amendment to the constitution of the
United States.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
TSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14

No. 1929.
James A. Hill, Or. E. Colburn. Appellant)
Phillip J. Miller ct al. CIV. NJ. Starting,
Appellee.
Appeal from Haskell County.
AFFIRMED.
Syllabus. By the Court. Mason, j.
On January Is an application was made
under section So of the code to set aside
decree quieting title, based upon pub
Iication service. 1t was resisted by one
who claimed to have purchased the land
in good faith in reliance upon the decree.
The conveyance to him was dated and
acknowledged January II, and recorded
February s. There was evidence that on
January Is he stated to the representa-
tive of the applicant that he then had
no interest in the property. Held, that
the evidence justified a finding that the
deed was not delivered prior to the filing
of the application.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14
No. 1896.
T. o. Kelley, Appellee,


We.
Jerry Forney Appellant.
Appeal from Marion County.
REVERSED.
Syllabus. BY the Court. Mason, J.
The directors of corporation organized
to maintain an auditorium to be used
principally 1or public entertainments I'M
dertook without special authority to ex-
ecute a ten year lease of the property to
an Individual. to discharge the manager
employed by the association and to put
the lessee in possession by breaking a
lock and replacing it with new one: the
for the corporation and his acts were
adopted by the stockholders at a subse-
quent meeting and by persons then Sc
lected as new directors. The lessee
brought an action of fercible entry and
detainer against the manager, who de-
Tended as a representative of the cor
poration. Held, that whether or not the
lease was void the plaintiff could not re-
cover in that proceeding.
All the Justices concurring.
A true copy. -
Attest: d. A. VALENTINE,
p ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14
No. 1871.
Ray Hull. Appellant,


B. D. Allen, Appellee.
Appeal from Sedgwick County.
AFFIRMED.
Syllabus. BY the Court. Johnston. e. J.
l. A purchaser of land who makes a
deposit of money rnder a written con-
tract that If the balance of the considera-
ton is not paid as agreed upon the deposit
will be forfeited cannot recover the de-
post if the consideration is not paid and
the contract carried out because of his
fault.
2. Where the contract provided that the
seller was to furnish an abstract of title
within a stated time and that if he did
not furnish the abstract together with a
warranty deed in accordance with the
agreement the deposit should be returned
to the purchaser and where before the
time for furnishing the abstract the pur-
chaser instructed the Eeller not to furnish
the abstract and notified the seller that
he would not carry out the contract he
thereby waived the furnishing of the alb
stract and it did not relieve him from the
obligations of the contract.
8. Testimony showing waiver of per-
Torrance is not inadmissible on tho
ground that it varied or modified the writ
ten contract.
All the Justices concurring.
A true CODY.
Attest: D. A VALENTINE.
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14
No. 1889.

No. 1859.
James NJ. Mason, Appellant,
Ship D. Harlow, Appellee.
Appeal from Wyandotte County,
District Court, I'd Div.
REVERSED
Syllabus. BY the Court. Porter. j.
/. Equity has power to restrain party
within it's jurisdiction from prosecuting
a suit in the courts of another state,
and in a proper case will not hesitate to
exercise the power.
3 Courts will not enjoin a suit in
another state merely on the ground of
convenience of parties, but will do SO
when such restraint is necessary to pre-
vent one citizen from doing an inequitabIe
thing, as where the action has been
brought malieiously in order to vex and
harass another citizen or to interfere with
i,,s+ i peeE y, Ine II; I; @ OF
8. The petition in this case examined
and held to state cause of action, and
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14
No. 1853.
H. c. Mayse, Appellant,


Jerome Belt ct al, Appellees.
Appeal from Clark County.
PETITION FOR REHEARING DENIED.
Syllabus BY the Court Burch, j.
In 1885 school land was duly sold and
a certificate of purchase issued. In 1884
the land was sold to the county for taxes.
In 1895 a notice of forfeiture of the GER
tificate holders rights was issued and
served and the record of sale was
marked Cancelled After that the land
was taken from the tax roll and from
time to time was leased. the last lease
expiring April S.. 1907: On February &c.
1907 the appellant took an assignment of
the tax sale certificate. took out a tax
deed paid the state the entire sum due
it on the certificate of purchase and be-
came entitled to patent which was is,
8, 1907 the appellee settled on the land
and on December 80, 1907, petitioned for
its sale. Held, in accordance with Baker
VS.. Newland, % Kan. Is, that the ap-
pellee has no standing to question the APP
pellant's title.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-14

d. A. VALENTINE,
Clerk Supreme Court.
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02

than were ever dreamed of, and
the wonder is that we have so late
ly awakened to our potentiaIities.
With an ideal climate, a wonder
fully generous soil, a chivalrous
people, Mississippi is no place for
the pessimist. Never in the his
tory of the south have there been
such possibilities open for the
hardy, industrious farmers of the
north, west and northwest as in
Mississippi to-day, and to all such
Mississippi extends a hearty well
come. With their thrift and ener-
gy expended here, where the strug-
gle for existence is merely a pas
time, they would soon live as
princes, and the strains of Dixie
would in time be as sweet as the
more familiar air of yankee
Doodle. E"
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02

poets are bright for splendid ad-
dition to our resources.
On the other hand If we ever do
this new thing. and considerable
number depend entirely on peanuts,
and fail to realize a reasonable prof
1t, the whole thing may "get a
black eye" and go the way truck
ing has gone in many places.
If you are thinking of putting
FIVE acres in cotton and ten in pea
nuts, think again, and try just the
reverse. If you are thinking Of
putting all your land In peanuts,
and none in cotton. stop thinking
tor a whole day, and see what a
rested mind will do for you. Don't
let the tail wag the dog.
H GUY HATHORN,
Special Agt. Farmers Cooperative
Dem Work.
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02

of high position TO such state o.
degradation as here described, anC
that Is the use of some poisonous
and stupefYing drug. And The
drug that is most frequently re-
sponsibIe for such tragedies Is al
cohol.
Some time last year Our atten-
tion was attracted by brief news
paper item which told how a GER
tain man had been arrested for
snatching something from a drug
store and had been sent to the
workhouse for a term of several
weeks. 1t chanced this time that
the poor unfortunate was one whom
We had known for many years.
When we first met him he was a
man of broad culture and charming
personality, and was admired and
honored by thousands of people in
the great state In which he lived.
And now he must be arrested and
sent to the workhouse as common
vagabond and pilferer How did
it come about9 The same old
story. He became addicted to
strong drink, and went down,
down, down, step by step, until he
reached the very abyss of degrada-
tion. And there were others we
could not help thinking of as we
dwelt upon the sickening picture. |
He has a wife and Is the father of
two boys, one of them still but a
lad. What about them?
These are awful cases, but they
are by no means rare Similar ones
may be found in every city and In
every town and village of our land.
We do not refer to such things
to make our young readers feel un-
comfortable, but only that we may
warning which cannot
be repeated too often. To tamper
with strong drink is a folly very
like to the folly of playing with
poisonous serpent. The only safe
course is to let it alone, and the
only kind and brotherly course is
to do everything in your power to
induce others to let 1t alone.
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02
Call on Mr.. Spencer.

We, the undersigned, voters of
District Z, Claiborne county, and
the State of Mississippi, believe
that it is of material and vital In
terest to the citizens and taxpay-
ers of the county TO elect to the
State Senate one who will use his
best efforts, influence and work for
the carcelling and doing away with
the petty offices made and created
by our last Mississippi Senate. We
believe the passing of such laws
unjust and a great burden to the
tax paying citizens. The office of
County Attorney, made by our law
makers, we regard as a nuisance,
and the favored few appointed by
His Excellency. the Governor, to
Fill same in the counties of the State.
are alone the parties benefited,
while the taxpayer, already over
burdened, feels keen the thrice paid
salary to support this nuisance.
AS we are in a great measure rid
of the ticks in our county, /. e., the
Texas Fever Tick and the Spotted
Tail Comanche Tick, while all 9TH
|ers are quite numerous, we will
pass these created Offices without
notice or comment, except to ask
of our Senator to be elected TO
pledge his constituents to use his
best efforts and influence against
having any more offices Of like ma
ture. Nor to have any more leg
islation to benefit few TO the in
jury of the people.
We believe James G. Spencer to
be the most suitable and the best
QUALIFIED TO represent our District
as State Senator in the coming
election next November, and pledge
him our hearty support If he will
consent to become candidate for
said Office. Mr.. Spencer is well
known throughout this district
and has the interest of his people
at heart, and we feel confident that
be will do his duty to bis constItu-
ents and district If elected.
]. <. Highlender,
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02
w. c. T. U.
ATerrIbIe Example.

The following is clipping from
a recent issue of one of our leading
Southern newspapers
"CIarence Willard, one.time may
or and president Of the Toledo
(Ohio) Council, and formerly a
prominent business man of that
city, walked into the police station
last week and asked for a bed.
Willard recently, while walking
down Superior Street, threw a
brick through plate glass window
of local newspaper, and was ar
rested and later released. Where
can get a drink r Willard asked
the turnkey as he was being assist
ed to his lonely bunk along with
the market buns and other out
casts who make the station their
home"
The reporter who sent out this
item knew that no explanation was
necessary. There is only one thing
that is at all likely to reduce man
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02
= public Opinion q
Lee Richardson for Governor.

Lee Richardson for Governor.
Editor Reveille
Is 1t possible that there Is only
one man in Mississippi that has any
aspirations for, or could be encour-
aged to announce his name and
make the race for governor of the
State? 1t is certainly not because
we do not have number of men
in and throughout the state who
have all the necessary qualifications
to make a good state executive. l
can think OF several that would
make a model governor. Men who
are deserving, have the business
capacity, and all other require
ments necessary. Therefore will
take the liberty to name one who
is identified with the best interests
of the State. This Is Major Lee
Richardson of Vicksburg. He is
largely interested in farming and
in the mercantile business. About
sixty years ago his father organ
lied the present hardware business
and the present head of the firm Is
the above named Mr.. Richardson.
He has been successful In the bus
mess management of this firm for
number of years, and If be could
be induced to become candidate
for chief executive of the State,
and be elected, Mississippi would
have a governor that the people
would be proud of, and I hope the
people throughout the state will
encourage him to make the race.
c. c. GOA.
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02
Has MlIIIOns OF Friends.

How would you like to number your
friends by millions as Bucklen's Arnica
Salve does? Its astounding cures in the
past forty years made them. It's the best
Salve in the world for sores. ulcers. ecze-
ma, burns, boils, scalds. cuts. corns, sore
eyes, sprains, swellings bruises, and cold
sores. Has no equal for piles. 25c at [.
A. Shreve's Drug Store.
The Port Gibson reveille. [volume] (Port Gibson, Miss.) 1890-current, 1911-03-02

c. K. Powell.
r. E. Davis,
A. M. Curtis,
B. S. Curtis,
w. R. Ewall.
S. Bagnell,
E. w. Lum,
S. B. Patterson,
R, c. Lum,
H. H. Whitaker,
]. N. Taylor,
@. Clarke,
c. E. Emrick.
M. H. Wilson,
G. ]. Ross,
]. w. Emrick,
L. F. Brown,
]. r. Rrown,
w. ]. Emrick,
]. A. Regan,
d. L. Curtis,
A. c. Curtis,
w. A. Boyd,
c. L. Nelson,
]. L. Crawford,
]. P. Lum,
T. A. Luster,
E. w. Lum.
I. N. Nelson,
w. F. Rogillio, Jr.
]. B. Coca,
w. S. Wright.
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-03-19

but absolute knowledge. The latest
discoveries of science are applied in the
curing of obstinate and complicated
cases which have been thought incur
able. DELAY is DANGEROUS. Are you
suffering from some chronic anectOnl
Make no mistake. Restore your health
and strength before il n too late. GET
Expert MedlcaI Treatment. Urinary,
Kidney, Bladder. special and privats
complaints treated with prompt and per
manent results. The doctor Is a gradu-
ate OF Harvard. one Of the best medical
schools In the world. He has had an
experience Of over 20 years and has the
complete confidence and full endorse
ment OF the leading business men and
prominent citizens OF the southwest Ali
who have been unSuccessfully treated
elsewhere are especially invited to call
CONSULTATION FREE-Hours 10
to IL and to 8. Office room 5, sec
ond floor Monihan building, corner
Washington and First Avenue, Phoe-
nix, Arizona.
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-03-19

Of the Indians. Square all around.
square To- the Indians just as much
rs the white man
DISTRIBUTION OF CREDIT
Give Mr.. Hill and his subordinates
the same degree Of credit that YOU
would give any body of soldiers that
has done n hazardous and difficult
piece OF work with exceptional sue
cess. business ability and great cour-
age. Down in Panama We have
adopted the principle of giving n
medal of credit FOR work carried on
a certain length of time l very
much wish that the Reclamation
Service wouls adopt some similar
plan. You people Of Arizona are
ignorant Of what is most important
that YOU should know, If you don't
understand the debt of obligation
owed by you to these men who with
such conspicuous success and with
such complete and absolute absence of
scandal has done this great work
! want YOU to recollect the men
who built the dam, who made that
road To the Roosevelt dam from
Phoenix (the Roosevelt road. l hope
my people will realize, which / am
bound to say l did not, or never
realized until this morning. what an
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-03-19

In this connection. it seems proper
to say that the people Of the Salt
River valley gratefully recognize the
fact that they are the direct bene-
ficiaries of the law as thus admin
isteFed, and | mistake their temper
and disposition if they be not de-
termined 10 show their appreciation
Of isis fact by fulfilling their obliga-
tons To the government in the utmost
good faith and in strict compliance
with the terms of their contract
This dedication seems incomplete
without the presence of the honored
head of the reclamation service. Mr..
Newell has shown such an interest in
this project and takes such a pr
sonal pride in its completion as TO
make his unavoidable absence today
deeply felt by us all
Until the past week we had every
reason to expect the presence and
participation in these exercises of Mr..
Arthur p. Davis. chief engineer Of
the reclamation service. 1t is a mat
ter of regret on his part, as it is to
US. that he is prevented from being
here today. owing to an important
his way to meet As YOU know, Mr.
Davis made the first governmental
report on the feasibility of the Salt
River project, and to him is due in
a large measure the breadth and com
pleteness of the plans which We're
adopted by the department and car
ried into execution with such fidelity
and energy by the officers of the rec
lamation service. one of these Of
ficers is with us today, and we trust
he may remain with us So long as
the. government may find work here
commensurate with his great ability
and unusual energy.
AS the first speaker of the day. l
take great pleasure in presenting AIR
Louis c. Hill. district engineer. who
has had Immediate charge of this
work from it's inception to fits com
pletion. and who viii tell us some
thing of the building of the Roose-
welt dam.
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-03-19
ORDER oE EXERCISES

John L. Orme. president Of the Salt
River Valley Water Users assOcia-
ton, the host Of the occasion. called
the assemblage to order and speaking
very briefly introduced Governor
Richard f. Sloan who had been Sc
lected to conduct the exercises as
chairman Governor Sloan said:
President Orme. Colonel Roosevelt.
Ladies and Gentlemen:
The celebration Of the completion
of any great work must % necessity
take on largely the character OF a
personal appreciation of and tribute
TO those by whose effort il was ac-
complished. This pile of masonry,
blocking this ancient channel worn
deep into these rocks by the floods
Of unnumbered ages. and storing up
these floods for beneficent uses. is
not only a triumph of engineering
skill and genius. but it is also a vim
dication Of the wisdom and foresight
and a Justification of the effort and
labor of all those who were instru-
mental in bringing about the adoption
OF the national irrigation policy. as
that policy is expressed in what is
Act. This National Irrigation Act is
so recent. that the names of those
most prominently identified with it,
IL not in its inception, at any rate
during the period when il was being
fought out on the floors of congress,
might here be recountet by any of
us familiar with the subject with
some degree of certainty and COM
pleteness. The history of this legis-
lation is full of interest on its per-
sonal side as it is of surprising his
torical interest as marking a new
phase in our national development
and long step towards the complete
conquest of the arid west to the uses
of civilization.
Most of us can recall wildly the
time, for il is comparatively recent,
when the suggestion that the nation
should take up the work of reclaim
ing the deserts by building dams and
reservoirs for the diversion and stor-
age of the waters of our streams
seemed chimerical or at least remote.
Many looked upon the whole project
as altogether impracticable and I'M
worthy of serious consideration while
others objected to il upon the ground
that it was a form of paternalism
pure and simple. Notwithstanding
these objections earnest and intelli-
gent advocacy by such men as George
aroused public interest and
gave force and momentum TO the
Enthusiastic supporters
were found i'm congress who took up
the work of securing the needed leg
islation. In the house there was
Needham of California. Mondell of
Shafroth of Colorado, and
in the senate there was Newlands
Of Nevada. HansbOrough of North
and others. These men fought
against obstacles of all sorts. but the
result was the act which became a
aw on June II. 1902. This law was
he result of the effort and thought
IF many. i'm congress and out of con-
yress To name any of these without |
naming them all seems unjust, al
most. one thing is certain, however; |
m the effort, intelligent and well di- |
'ected as that effort was. would have |
allied had il not been that the match
ess energy and force of n great per-
ionality was behind ii from the first |
The cause of national irrigation was !