davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
LEGAL.

physician incompetent to testify to any
knowledge obtained in his professional
capacity from the patient.
z. denial by a witness that he de-
1vered to the deceased in the latter s
lifetime a certain deed, held not evidence
of a transaction with a deceased person
but mere denial that transaction was
had.
8. The burden of proving mental in
capacity In a person Of mature years
rests upon the party having the affirma-
tive, but this burden may be met by a
preponderance of the evidence, and an
instruction requiring clear and satisfac-
tory evidence in order to establish such
mental incapacity is erroneous
9. Upon rehearing all the questions
raised by the appeal are open for re-
argument except where the order grant
ing the rehearing otherwise provides.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
LSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
LEGAL.
No. I7197.
B. B. Thompson, Appellant,

No. T71S7.
3. B. Thompson, Appellant,
-
III. Musick, Appellee.
Appeal from Marion County.
AFFIRMED.
Syllabus. BY the Court Porter. J.
Upon the findings of fact it is held, that
the trial court properly refused to com
pei the partial performance Of a written
contract for the exchange of real estate.
ALI the Justices concurrIng.
true copy.
Attest. D. A VALENTINE,
LSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
D. A VALENTINE.
Clerk Supreme Court.

No. 17176.
The Deatherage Lumber Company, APP
pellant,
VS..
c. H. Miles, Laura E. Cravens, The Ma
pie Leaf Lot Company and F. NJ. Per-
kins, Appellees, and MARY A. Schultz,
Appellee.
Appeal from Wyandotte County Court Of
Common Pleas.
REVERSED.
Syllabus. BY the Court Benson.
An action was commenced against the
owner of a lot, and a mortgage thereof,
to forecIose mechanics lien. The mort
gagee answered setting up bond alleged
to have been given by the owner to pro-
tect against liens, as provided by statute
A reply was filed alleging the INSULT
cheney of the bond. A grantee of the
owner who is not party to the action
then filed a motion to dismiss the action,
which was sustained without a trial of
the issue made upon the pIeadings- 1t
is held that the dismissal was erroneous:
that upon the claim that the bond, and
a suit alleged to have been brought there
on, were defenses to the action, the per-
son entitled to the benefit thereof should
have been made party and pleaded such
defenses.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
[Se2l1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
POOL AND BrLLrART Tables

FOR SALE-New and secondhand BIZ
lard and pool tables and bowling aileya
We lead the world in cheap bar fix-
lures; easy payments. Send for cataIoguA.
Bruins fck-B alke-Colender Co.. 11zeF8
Main street. Kansas City. he.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
No. 1716S.
James Gibson, APPELLEE,

No. 1716S
James Gibson, APPELLEE,
Kansas City Packing Box Company. a
Corporation, Appellant.
Appeal from Wyandotte County, District
Court.
REVERSED.
Syllabus By the Court. West J..
A father sued the proprietor of a manu-
featuring establishne nt for loss of ser
vices resulting from an injury received
by his minor son by reason of failure to
guard the machinery as required by the
factory act. claws 1903, CHI. 356; Gen. Stat.
1909, Secs. 4676-46S7). Held. that such act
gives the father no rights in this respect
in addition to his rights at common law
and only the son himself can recover for
such injury.
All the justices concurring.
Attest: D. A VALENTINE
ISeal1 Clerk Supreme Court.
No. 17167
Julius A. Bailey, ct al, executors of the
estate of Charlemagne Tower, de-
ceased, Appellants,
James A. Oats, ct al, AppeIIees.
Appeal from Smith County.
REVERSED
Syllabus. BY the Court. Benson J.
1. Fraud without injury is not action
able; order to sustain an alton for
false representations the party complain
ing must prove that he has sustained
2. Where it was falsely represented to
a mortgagor that the mortgage had been
foreclOsed and a deed made to. the as
signee of the mortgage, and the mort
gagor was thereby induced to lease the
land and pay rents and afterwards to
give a new mortgage for the principal Of
the original debt upon the agreement of
such assignee to release the old mortgage
and make and deliver a deed of the land
to the mOrtgagor and such release was
made, but a deed was not made, and the
title was all the time in the mortgagor
subject only to the morgage and all
mi Nv hi n Ca
the original mortgage, leaving the prin-
eipal and some interest still due, it is
held that the failure to make and de-
liver the deed was immaterial since it
would convey nothing. and that the new
mortgage should be treated as a renewal
Of the old one and enforced accordingly.
All the Justices concurrlng-
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
No. 1873.
Claus Sizzling, Appellant,
e City of kansas city, Kansas. Mu-
nicipal Corporation of Said State, ]. P.
Angle, Samuel S. Glasscock and James
Sullivan, Appellees.
Appeal from District Court OF Wyandotte
County.
AFFIRMED.
Syllabus. BY the Court Smith. J
1 Error will not be predicated upon q
judgment rendered in accordance with a
duly certified and published statute OF
the state because of an adverse pleading
that some constitutional requirement was
not observed in one branch of the legis-
IatuTe in passing the act-no record being
exhibited to sustain the contention.
2. Acts of the legislature are presumed
to be constitutional and valid and no
challenge thereof should be entertained
unless the particular constitutional pro-
vision alleged to be violated or the par
ticuIar controlling record to prove the in
validity be pleaded
All the justices concurring.
A true COPY.
Attest: D. A. VALENTINE.
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

Thirst published in The Topeka State
Journal July H. 1911
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11


Office Of the City Clerk. Topeka. Kansas.
July s, 1911.
Sealed proposals will be received at the
office of the City Clerk of the City OF To-
peka- Kansas, until 1000 O'Clock a. M.
July 20, lSlls for the purpose of specially
Illuminating Kansas Avenue from First
street to Tenth Avenue in said City as
per plans and specifications on file in tins
should be made on the basis of payment
as follows: One-half January IS 1872 and
one-haif July Is, 1912.
A certified check of five per cent of the
proposed bid must accompany each pro-
posal
The Mayor and Beard of CITY Commits
sfoners reserve the right to reject any or
LSeal1 c. B. BURGE,
City Clerk.
First Published in The Topeka State
Journal July 8, 1911
Office of the City Clerk. Topeka, Kansas,
July 8. 1911
Sealed proposals will be received at tho
office of the City Clerk OF Topeka, Kan
sas, until 1000 O'Clock m. July 20, 1911
Tor curbing and guttering of Kansas Ave
nue. from First Street to Tenth Avenue IN
SAID City as per plans and specifications
on fils in the office of the City Engineer
All proposals should be made on the basis
OF payment as follows: One-half January
Is, 1912, and one-half July Is, 1872
A certified check OF five per cent OF the
proposed bid must accompany each pro-
posal.
The Mayor and Board of City Commits
sioners reserve the right to reject anv OF.
all bids or parts of bids.
Iseall c. B. BURGE.
City Clerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

No. 1851.
Gabriel Schmuck ct al, Appellees,
The Missouri, Kansas and Texas Railway
Company, Appellants.
Appeal from Cherokee County.
MOTION TO DISMISS DENIED.
Syllabus. By the Court. Porter. J.
L Under the provisions OF the Code
of 1909 an appeal is perfected so far as
to give this court Jurisdiction thereof
when notice of appeal with proof Of SER
vice has been filed with the clerk Of the
trial court and the failure or neglect of
such clerk to send up the papers until
after the expiration of a year from the
rendition of the judgment or order ap-
pealed from win not prejudice the rights
of appellants or defeat this courts juris-
diction-
q The failure of the appellant to follow
up his appeal by compliance with the
rules of this court respecting security for
costs. payment of docket fees. service of
abstracts and briefs may furnish grounds
for dismissal of the appeal, but cannot
defeat the jurisdiction Of the court or
affect the computation of the period with
in which the appeal must be perfected
All the Justices concurring.
true copy.
Attest: D. A VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
No. 1892.
David Baker, Appellee,

-N~~--
David Baker, Appellee,
Missouri, Kansas & Texas Railway Com
pany, Appellant
Appeal from Bourbon County,
REVERSED.
Syllabus BY the Court West, j.
In an action against a railway company
for damages alleged to have been caused
by its employee riding railroad tricycle.
over a highway crossing in wantonly
reckless manner, thereby frightening
plaintiffs horse and injuring the owner,
such employee is a competent witness to
testify as to his motive and intention at
such time and the exclusion of his evil
dence fairly tending to show such motive
and Intention, held, to be prejudicial
All the Justices concurring.
Attest: D. A. VALENTINE.
TSeaI1 Clerk Supreme Court.
No. 1915
The Missouri Pacific Railway Company,
Appellant
Board Of Railway Commissioners of the
State of Kansas, Appellee.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court Johnston. =. J.
l. Chapter 26s of the Laws Of 1907,
(Gen. Stat. 1909, Secs. no. 1882, 7lS3, 7lS5,
1885 71SS. 1885. 7217, 72lS, 1925. 722S), con-
corning railroads and common carriers, and
Stat, 1909, Secs. 7246, 7247, 7248, 7249. 1850,
7251, 1850, requiring railroad companies to
provide freight terminal points and ia
cilities, should be construed together as
if they constituted a single act and the
provision in cahpter 2ss, requiring the
board of railroad commissioners to give
notice and a hearing to railroad COM
panies before making an order against
them, applies to the orders which the
board may make in pursuance of chapter
I'll.
@ Chapter 271 OF the Laws of 1907 is
not unconstitutional because 1t fails to
make provision for notice to railroad
companies before an order is made re-
curing them to provide freight depots
and freight terminal facilities nor be-
cause of the penalty imposed for a fall
ure to obey an order of that kind.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

No. 171S7.
Gate City National Bank. q corporation,
Appellee,
VS..
F. @. Thrall, Appellant
Appeal from Greenwood County
AFFIRMED.
Syllabus. BY the Court. Mason. J.
/. One who buys at less than its face
value a negotiable note bearing the
highest legal rate of interest is not
chargeable with usury because of the
fact. of which he had no knowledge or
notice, that the note was executed by tho
maker for the accommodation of the
payee.
?. The fact that the payee upon the
sale of a negotiable note becomes by in.
dorsement liable for its payment does not
him.
All the Justices concurrlng.
A true copy.
Attest: D. A VALENTINE,
LSeal Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

No. I7l62.
J. E. Evans, APPELLANT,
VS..
N. B. McElfresh and Mary McElfresh,
Appellees.
Appeal from Lyon County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. ;.
l. Where a writing is incomplete and
shows on its face that all the stipulations
between the parties were not included in
1t, parol proof of the omitted parts of
the contract which are not repugnant 10
OF inconsistent with the written portions
may be introduced to supplement that
which is written.
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE.
lSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
PHOTOGRAPHERS.

WEHE'S pictures please. You get your
moneys worth. then some Try him.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

Office Of the City Clerk. Topeka. Kansas.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
HOUSEHOLD GOODS.

Rugs made from old carpets. beautif,,I
effects. Prices $1.00 and up. Carpets
cleaned, sewed. laid. McCornick-Osbo
Rug Factory, 522 Van Buren,.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

--~-~-~-~-~-~-@--~~-~-~-~- ~~~@~~~N@
STORAGE and transfer, Merchants
Transfer Co.. Skinner & Gayhart. Phone
us about storage. packing or freight. 1Ss
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
PAVING.


CAPITAL CITY vITRIFIED BRICK a
PAVING CO.. IA e. 9Th st. Mfga os
ou1idinR. having and sidewalk brick
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
UNDERTAKING.


L. NJ. PENWELL, funeral director ana
embalmer. First class service. reason
able prices: OIL Quincy st. Both phones ISL
6otn Phones 287. Day and Night.
HAWLEY & STEELE,
Funeral directors and embaImers. I1s East
9Th ave. Mrs. Robt. Steele. assistant.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
No. 1879.
Claus Sizzling, Appellant,

e City of Kansas City, Kansas. a Mu-
nicipal Corporation of Said State, J. P.
Angle, Samuel S. Glasscock and James
Sullivan, Appellees.
Appeal from district Court OF Wyandotte
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

First Published in The Topeka Stat
Journal July 8, 1911
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

D. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
PHYSICIANS AND SURGEONS

IDA c. BARNES. M. D.
ONCE rs Kansas ave. Residence Thir-
teenth and Clay Office hours g. m. to
II a. m. and D. m. to p m. Both
phones Is, residence and Ind 1916 office.
DR. LYDIA A. MUMA. HOS E. sth
Chronic diseases speciality. Ind. 1752
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

D. A. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
PICTURE FRAMING.

>~@-~S--~~--~-~~~-~~~~-~~
FRAMING, regilding, mat making, mount
ing done by J. D. Sullivan, 122 w. Eighth
street Packing, shipping, etc.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22
YOUNG MARRIED MEN TO
TRY MRS. PATTERSON

Denver, Colo, Nov. 22.-Befors a
jury of comparatively young married
men, among whom there is not a gray
head, Gertrude Gibson Patterson will
be tried for the murder of her hus-
band, whom she shot and killed Sept.
%, while walking with him in a
suburb of Denver near a tuberculosis
sanitarium in which he was a patient.
Acceptance of the jury came sud
denly at the close of yesterdays pro-
ceedings.
Every man of the jury Is married.
Most of them have children. Not one
OF the jurors has ever seen service be-
fore in a criminal case. Each mem
Der stated under oath that he was
willing to impose the death penalty If
the evidence appeared to warrant 1t.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22

The Vestry of Trinity Episcopal
church held an important meeting
yesterday afternoon, at which it was
decided to at once begin
the construction of the new
church, to be erected on the recently
purchased lot on West Pine street.
The residence formerly located on
the Pine street end of the lot has
been moved back and nicely repaired
and the entire front of the lot will be
used for the church, which when COM
pleted will do credit to the zeal and
faithfulness of this small band OF
Christian workers.
The building will cost about ST.,
900 and will be brick with natural
wood finish on the interior. 1t will fol
low purely ecclesiastical architecture
al designs which have marked as dis
tinctive the Episcopal churches OF
! England. oliver Bros. of Hattiesburg
will have charge of the work
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22
JOHN D. To
Be QUESTIONED
Manner in Which He Acquired Valu-
able Ore Properties In
vestlgated.
(By Associated Press.l

Washington, D. c., Nov. 22.-John
D. Rockefeller will be called to ap-
pear before the House Steel Trust
Investigating Committee to produce
papers in the Merritt case and explain
the deal by which the Merritt family
of Minnesota is alleged to have lost
valuable ore properties worth many
million dollars. Leonidas Merritt, a
brother of Alfred Merritt, who yes
terday told the story of the family
loss of valuable ore lands and rail
road property to Mr.. Rockefeller was
on the stand today. Merritt told of
how Rev. 8. 2. Gates ,Mr. Roeksfeller's
almoner. took him to see Rockefeller
about a consolidation of ore inter
ests. He raid he felt honored In be-
ing taken before such a magnate."
He said Gates told him John D. was
hard up" "By golly." said Merritt,
81 believed him then, but now know
Gates led"
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22
Hattiesburg Baptists Moue
on GuBport in Strength

of the leading educational institutions
of the state, and that Hattiesburg will
benefit by an annual attendance of
upwards of five hundred young ladies
at the school.
The local Baptist have also gone af-
ter the 1912 Convention and they are
going to get that. There will proba-
bly, be a thousand Baptists at Gulf
port, and with the growth and inter
est and the more central location,
Hattiesburg should have quite that
number next year. And the
excellent manner in which the
doctors and surgeons were en-
tertaned is ample proof that Hat
tiesburg can take care of them
Next year the State Normal will
be completed and this city will then
be in even better shape to care fol
large delegations than now.
Among the prominent Baptists il
Culfport are s. r. Travis, A. Polk, s
V. Hayes, r. S. Jackson, Ellis Hick
man, Prof. Rivers. e. ID. Solomon, I
p. Trottcr, A. L. O'Bricnt, Or. an,
! MIS- Stapleton.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22
Rattiesburg Permanent Domicile
of South Miss. Baptist Encampment

and lectures will be conducted. The
nature of the work OF the encamp-
ment is on the order Of the chatauqua
work, and Of great educational value.
The meetings are held for a period
of ten days during the summer, usual
ly in July, and there is no estimating
the probable attendance. Some are
of the option that there may be near
two thousand people at the encamp-
ments. and as the meetings advertise
themselves by their success the atten-
dance is predicted to far exceed that
number.
This is a splendid victory for the
members of the church who have
waged the campaign for the location
of the campaign in Hattiesburg and to
them is due the thanks of the com
munity.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22
ENTHUSIASTIC PREPARATIONS
EOR BISHOP GuNN,a COMING

The local Catholics are making
great preparation for the enter
tAinment of Bishop Gum when he
comes to Hattiesburg on the second
Sunday in December, and the pros
poets are that his visit here will
mark one Of the most important oc-
casions in the history of the local
church. The gentlemen of the denom-
ination are taking a leading part in
the entertainment feature and will
hold another meeting next Sunday to
perfect their arrangements.
Bishop Gum is one of the eminent
men in the Catholic church of the
south, and is held in high regard by
the people Of all denominations. He
has been extended a cordial recep
ton by all the people in the towns
and cities of the state where he has
visited and will meet with that same
cordial reception here.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22
MAYOR c. v. RICH
IS INDICTED ON
TECHNICAL POINTS
FINED TWO RETAILERS $500
EACH WHILE MINIMUM is
$4,000.
MAYOR is NOT PERTURBED
Claims indictments Were Inspired by
Politics and Says There Was no
Intentional Wrongdoing on His
Part.
MAYOR is NOT PERTURBED

Mayor c. w. Rich was arrested yes
terday evening on two separate grand
jury indictments charging violation
of official duty Bond vas readily
made in small amounts for each
charge and the cases will probably
be set for hearing during the present
term of court. The exact nature of
the information given the grand jury
and on which the indictments were
based is not known further than is set
forth in the indictments.
When seen by News reporter,
Mayor Rich stated that he was not in
the least perturbed by the action OF
the grand jury and considered The in
dictments inspired by politics. He
feels confident that he will have no
trouble in proving his innocence OF
any intentional wrongdoing, admit
ting, however, a technical offense on
his part in assessing fines in
the two specific cases set forth, be
low the minimum provided by the
code.
The indictments, according to .he
Mayors statement, is founded on his
fning Carrie Owens and Leila VIII
liams $500 each for retailing, when
the law fixes the fine at not less thar
$50. He was acting, he claims, in
good faith, not knowing that the law
had been changed since his former
administration as Mayor of this city
When he was mayor before sucf
cases were tried under ordinances
the fines which the mayor was author
lied to assess being from $500 t
$4,000, and in the two cases in ques
ton, considering the circumstances IL
each, he thought the fines given am
pie. In the case of Carrie
Owens, the woman voluntarily sur
rendered to the authorities and pleat
guilty to retailing; and in the Leli;
Williams case, the mayor says he
lawyers asked that the fine be mad
small and they would see that it wa
paid. Mayor Rich stated that in tn
latter case the evidence given wa
weak and he felt that If the fine as
sessed was paid it would be bette
than to conf1ne the woman in tn
city Jail where she would become a.
added expense, and that In neithe
case did he know he was not conform
Ing to the lay.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22

A telegram from M. P. l.. Love at
Gulfport to A. " Hays, this morning,
conveys the very gratifying informa-
tion that Hattiesburg has been select
ed as the permanent domicile of the
South Mississippi Encampment. This
will mean much to the Baptist denom-
ination here and to the whole COM
munity, both in the good to be de-
rived from the annual encampments
of the Baptist Sunday schools and
Baptist Young Peoples Unions of
South Mississippi and the publicity Of
substantial nature it will give the
city, influencing in no small way per-
haps the location of the State Baptist
School for girls, which Hattiesburg is
likewise after.
The Baptists of Hattiesburg have
been after the location of the encamp-
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-11-22

Many of the leading Baptists OF
Hattiesburg are in Gulfport today at
tending the annual Baptist Conven-
ton, and before the close of the Gulf
port meeting the people of Hatties-
burg are likely to hear some mighty
good news. Hattiesburg is .recogniz
ed as probably the strongest Baptist
community in the state. There are
five fourishing Baptist churches here
and the total membership will run
close to 1000. The members of these
churches are influential men in all
the walks of life-men who have
made marked success in their various
avocations, and are accustomed to
success.
They have gone TO Gulfport to ac-
complish something for the church in
terests at Hattiesburg and for the
city as a whole, and they are likely to
succeed. First and foremost they
want church aid and church recogni
tion of The Womans College. They
have every prospect of success ir
that, and if they do succeed it means
that the Woman's College will be one