davidaulloa/AmericanStories huggingface dataset:
The Holly chieftain., 1911-10-20
MEN AND THINGS
m 9ENEaAL

in H0t1Y and Vicinity
The Holly Hardware Co. wants
to see you.
+. B. Marrnon, one of the pros
porous farnels of Canon City,
Colo, has .traied property in that
city for the. Ragsdale place at Am
ity. The p,epe will be beautifed,
many improvements being under
contemplatpa. Thrice welcome,
MIR. Marmoay
Mr.. and Mfs. Fred Brownlee
contemplate moving to California
at an early date.
Trade at Bngd's and get A.
piece dinner III free.
Boyd's.
Young Ruben Speer. while driv-
ing his milk wagon north of town
last Saturday. !hnd thinking of the
time when d 4 keepskin will be pre-.
sented to him,fau into n telegraph
pole. While H. wagon was badly
injured, Rube{ escaped.
Postmaster ind Mrs. McCreery
left last Frida1fo the Odd Fellows
convention at Denver.
Subscribe q The Chieftain.
New line SD es. velvet top and
high cut. Boyd's.
Frank j. McGrath, formerly
senior partDerj il the drug store of
Thompson &McGrath. has en-
barked in th drug aud grocery
business At Agity, where he con-
Quoted \ dss ,ss;Qee 4 canpla of
years ago. More power 70 him. m
Ladies' coats made to order, Gt
guaranteed. Boyd's.
Herr Ernest Kaufman of Os.
wego. Kan, came in last Tuesday
on tour Of investigation and went
away very favorably impressed
with the Holly country.
Ladies suits made to order.
Prices no higher than ready-made
suits. Boyd's.
DIR, A NJ. Sherman and wife of
Des Moines, Ia.. came Tuesday
evening and will visit the formers
brother, DR.. f. NJ. Sherman and
wife for few days. DR.. and Mrs.
Sherman are enroute to California
to spend the winter.
Earl Calkins has been appointed
general sales agent in Holly for
tho Saturday Evening Post and
will be pleased to take your order
for same.
Buy your goods at Boyd's and
get Apiece dinner set for moth
ing.
A brand new Free" sewing ma.
chine for sale at a great bargain.
Chieftain office.
George j. Ikleman of the Holly
pharmacy left last Monday for the
eastern markets, where he will place
his order for holiday goods. The
motto of Ikleman Bros. is, buy
right and it is easy to sell right.
Here to stay. Two Jacks. the
Tailors.
Mr.. and Mrs r. E. Nye of Hart.
man were the recipients on Oct. 8
of a handsome baby girl, who came
via the stork route. weighing nine
pounds. Friends of Mrs. Nye de-
clare she is harboring an inhabi-
tant of Lapland but bill" says it's
n mistake. as the little one has
taken complete possession OF the
Nye household.
Ladies. get your coats and suits
made Mt Boyd's. They will please
you.
The Holly chieftain., 1911-10-20

The Chieitain is strictly 4
home paper. It's advertisers are
home merchants. Do you ap-
preciate the fact, MIR. Business
Man?
The Holly chieftain., 1911-10-20
suits cloAnO d

and pressed equal to new. Repair
iux a specially. Let us bs your
valet. X + Rob nson, the tailor,
White Building, next TO jewelry
store.
The Holly chieftain., 1911-10-20
BAReAIMS--SALE OR TRADE
WHAT NAVE voU7

IAN notices under this heading will be
charged at the rate OF cents per line each in
sertion. Have your copy in by Thursday
morning
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
First, published in The Topeka State
Journal June Is, 1911
NOTICETO BIDDERs.

NO1ICE BIDDERS.
Sealed proposals will be received bv the
state Board of Control, at their office
IN the city of Topeka, until ten O'clock
a: M, Monday, June 10, 1911, for the fur
hlshlng OF all labor and materials neces-
sary Tor the erection of front porch on
Ine main building at the State Home for
eeDle-m1nded at Winfield Kansas
All of the foregoing to be executed IN
strict accord with the plans. details and
specifications prepared for the same bv
Chas. I'll. Chandler. State Architect
copies OF the plans and specifications
can pc seen on file at the Office of the.
Board Of Control, Topeka, Kansas. AT the
ONCE OF the superintendent of the in
Stitution.
An bids or proposals shall be made to
the Board OF Control, and shall be ac-.
companied by a certified check on some
responsible bank, for five per cent of the
amount bid, payable to the Board of Con-
troll, and the same shall be forfeited to
the state in case the successful bidder
Ialls Tor ten days to enter into a contract
and furnish the required bonds as pre-
scr1ped by law, after the awarding of the
All bids or proposals shall be sealed and
directed to the secretary of the Board
OF control Topeka, Kan, and indorsed
Proposals for porch"
All contracts shall be awarded by the
Board of Control to the lowest responsible
ploder but the Board reserves the right
to reject any and all bids or to reject
parts of bids and accept parts, if deemed
for the best interest of the State
Attention OF bidders is called to the
'eight-hour law" with which they must
comply.
By order of the Board of Control of
state Charitable Institutions.
H. c. BOWMAN, Chairman.
+ CHAS. W. GIBBS, Secretary
June 10, 1911.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
LEGAL.

else of greater vigilance and care on
his part to learn if there is present
danger in CROSSING, and 1t is incumbent
on him to look again when he passes
the obstruction and when an opportunity
exists to hook and listen for an approach
ing train. 80 -77
8. The, presumption invoked in support
of the general verdict, that the deceased
looked and listened and otherwise exer-
cised due care for his own safety, Is over
come by the special findings Of the Jury
which show, that If he had looked and lis
tened, where there was an opportunity, he
must have seen the approaching train and
could have saved himself
4. Where the general verdict of the
jury is. IN favor of the plaintiff but the
special findings returned with the verdict
cover, Judgment SHOULD be entered on the
special findings in favor of defendant.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
[Seal1 Clerk Supreme Cont
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
LEGAL

ing business colleges Cor commercial de-j
sa-tments OF other schoolsl have made
asppncatlon to me for a permit to canvass
IN the State of Kansas for the purpose
of selling tuition in advance and Contract.
lag or securing notes for tuition from stu-'
dents before their registration at the busi-
n. 81 herein named
Dooge City Business College, Dodge
City, Kansas
II satisfactory proof is FURNISHED that
any or the above named colleges or COM
.nsrGIal departments are Incompetent to
furnish such a course of fhstriIction az
they advertise or that the moral surrounds
1 ms OF the institution are not good, oe
Una! tne premises are kept In an nm
healthy condition, or that the agents Of
said iDstitutions use misrepresentation or
Irauoulent method in securing contracts.
~ sucn case permit win not be zranted.
20 SUCH business college Cor commercial
e r FarpSIT1rD
State Superintendent of Public Instructio,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 17.125.
z. Lewellen, Appel


Kansas Natural Gas Company, Appellant.
Appeal from Montgomery County. Zee
AFFIRMED
Syllabus BY the Court. west. j.
/. Answers to special questions are not
a sufficient basis for a judgment non
obstante unless they are clearly fnconsist-
ant with the general verdict.
>. In order to separate water and other
frksn substances from natural gas flow
q > through its pipe, company maintain
I'd drip pipe in connection with which
was a valve and also a perpendicular pipe
about two feet high into which gas from
the conveying pipe could be released by
a valve turned by a wrench. A boy nine
years old. playing with the appliance
the wrench having been left on the core
of the Valve-turned the valve and the
force of the released gas instantly killed
him. The father who recovered damages
for the death was found to have known
that escaping gas was dangerous to per-
sons inhaling the same and to have known
the use of the pipes and appliances. Held
that such findings are not sufficiently in
consistent with the general verdict to
warrant a judgment non obstante.
All the Justices concurr1ng.
true copy. -
Attest: d. A. VALENTINE,
LSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 1T,122,

A. #. Underwood; Appellant,
Henry Quantic and. A. G. Cress. Appel
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court, Porter, j.
L In an action on a promissory note
payable to the order of A G. Cress, 1t
was alleged that Cress Endorsed and de-
lvered the note to the plaintiff The an
swer denied that Cress Endorsed and de-
livered the note to the plaintiff. Held, ID
that the denial was a limited one and
raised no material issue; If the payee in
Endorsement to the PLAINTIFF; CD that the
defective denial of the Endorsement was
cured by other avermentS in the answer
to the effect that the signature of A. G.
CresS to the. Endorsement was forgery
and placed there without his knowledge
or consent. "'f .--
2. At the trial the plaintiff called a
number of expert witnesses who teSti-
fled that in their opinion the signature in
dispute was genuine. Held error to per
nit the, witnesses on crosS-examination to
be asked their opinion as to the genuine
ness of several purported signatures of
the same person, and afterwards to per-
NIT testimony to be offered showing that
some of the purported signatures were
false. (Gaunt ". Hardness, So Kan. 1861
3. In permitting testimony of such col
lateral issue it is held in this case not TO
have been prejudicial because of certain
findings of the jury to the effect that the
transfer of the note to the plaintiff was
not made in good faith, that the note was
procured by false and fraudulent repre-
sentation, and that the consideration for
which it purported to be given failed.
that those given covered all the issues
and that the court committed no error in
refusing the instructions requested. F.,
All the justices concurring.
Attest: D. A. VALENTINE,
LSealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No 17119.

No 17119.
The Colonial and United States Mortgage
Company (Limitedl, Appellee,
j. p. ElSea and j. NJ. Thralls, Appellants
Appeal from Barber County.
AFFIRMED.
Syllabus. b. the Court Mason, J.
l. One who either alone or in eo-opera-
ton with adjoining landholders maintains
a fence SO to inclose the land of an
other with his own, and treats the entire
Enclosure as his pasture, excluding all
other stock therefrom, is liable for rent
to the owner of the tract SO inclosed.
2 Under such circumstances his Habil-
ity is not affected by the existence of a
public road through the Enclosure, across
which he maintains gates, or by the fact
that he has made an offer. which was re-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 17167.
No. 1llbI.
G. II. Whitman, Appellee,


The Atchison, Topeka and Santa Re Rail-
way Company, Appellant.
Appeal from Montgomery County
REVERSED. s-sr,;----.- .-.l-l=s
Syllabus. BY the Court. Porter. j.
l. A passenger on a freight train was
injured while attempting to- alight from
the steps of the caboose while the train
was moving. Before becoming a passen-
ger he signed a release relieving the COM
pany from liability for injuries except
those occasioned by willful negligence. In
an action to recover damages he set up
two causes of action, the first charging
that his injuries were caused. by the will
full negligence of the conductor of the
train. Held, there being no evidence tend
ing to show willful or wanton negligence
of the company or it's employees, the de-
murrer to the evidence to the first cause
of action should have been sustained.
2. The plaintiff was a man seventy-five
years of age. When he fell his ankle
bone was broken. After the accident the
conductor came to where he was lying
on the platform and informed him that
the law required him to obtain from plain
tiff a written statement. Relying upon
the truth of what the conductor told him,
he consented to remain and make the
statement, and was detained thereby from
fifteen to twenty minutes before he was
taken home. Held, that evidence Of such
facts justified a finding that his deten-
ton was unlawful and that the company
is liable for such damages as were the
natural and proximate result thereof.
3. 1t appearing that the conductor was
fnstructed nv the railway Germans, 10 oh
tain from injured passengers writer
statements, it is held that he was acting
within the scope of his authority in de-
tanning the plaintiff for that purpose
f. In such a case it is held that there
was no error in giving an instruction that
II the company detained the plaintiff
Neainst his will and prevented his being
taeen Immediately to his home such ac-
ton would amount to an unlawful re-
straint of his personal liberty, and that
all that is necessary to constitute an I'M
lawful restraint of ones liberty is that he
be restrained without any sufficient legal
cause therefor, and by words or acts
which he fears to disregard
Johnston, c. j., Mason, j., Smith, J.
Benson, ]. and West, J., concurring
Burch, ]. and Porter j., dissenting from
End and 4th paragraphs OF. syllabus and
corresponding portion of opinion.
A true copy.
Attest: d. A. VALENTINE
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
. D. A. VALENTINE,
Clerk Supreme Court.
No. 17.164.
w. P. Finger, Appellee,

No. II, 1874.
W. p. Finger, Appellee,
The Wichita Railroad and Llght Coih-
pany Appellant.
AppeaI from Sedgwick County
AFFIRMED.
Syllabus. BY the Court. Benson.
/. 1t is not contributory negligence per
sc for a passenger to attempt to al1ght
from A street car practically stopped at
the usual stopping place at street cross
ing. Whether it was negligence 1or
messenger to do so In this instance was
a question for the jury upon all the evil
dence. = .L; ~
2. Whether the passenger in TINS IN
stance was guilty of contributory negn-
gence in leaving the car was question
for the Jury upon all the evidence.
All the Justices. concurrlng-
A true copy. r,n-Trnru
Attest: ID. A EALEN ~ H -
.[Seall CLERK supreme GouA"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. l7l3A.

No. 17134.
The Badger Lumber Company, Appellant,
VS..
w. Gordon Parker, Sarah E. Parker, The
Hill Investment Co., Albert Faulconer,
w. L. Cunningham, o. S. Gibson and
Verna Parker, Appellees.
Appeal from Cowley County.
REVERSED AND REMANDED.
Syllabus. BY the Court. West, j.
l. n lumber company sold material for
the erection of improvements upon real
estate, furnishing items from time to time
as desired until August II. January 81,
thereafter it endeavored to collect its bill
and, failing, took security for its pay
ment. The next day it sold two cans of
added the price to the bill and sought to
maintain thereon a. material mans lien.
Held that parties can not by such after
thought and subterfuge increase the time
for filing a statement of lien beyond the
four months prescribed by statute.
2. While as between the original par
ties to an executory contract for the sale
Of land stipulation against assignment is
binding, still when the intended purchaser
is in possession and has paid about one
fourth of the entire consideration, he may
secure debt for material which he has
purchased and with which he has made
improvements upon the land, by assign
ing his interest in the contract, his pres
ent interest and investment being such
that the vendor could not claim forfeiture
under his contract or dispossess the
payments and improvements made on the
land
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE.
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 17161.
w. NJ. Ringer, Appellee,

VS..
st. Louis & San Francisco. Railroad Com
pany, Appellant.
Appeal from Bourbon County.
REVERSED.
Syllabus. BY the Court. Mason, ].
1. An experienced section hand was
injured while prying against rail, by the
end of his bar slipping where it rested
upon an angle iron used as a fuIcrum. In
an action against the railroad company,
based upon the alleged negligence of the
defendant in furnishing him an unsafe
tool, he testified that he and another
hand were directed by their foreman to
a(eempt to line the track, and to hurry
y''p little as a train was expected; that
two bars were Immediately available for
the purpose, one sharpened in the shape
Of the letter nv" the other like chiseI;
that previously he had always selected
for own use the former, because 1t did
not slip so badly as the latter; that on
the occasion in question he picked up one
Of the bars without noticing which it was
and did not learn until after his injury
that it was with the chisel shaped end ;
that its slipping was caused by the point
being worn off about half an inch-a con-
dition that could have been ascertained at
glance. Held, that his use of the bar
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
LEGAL.

lease he names date slightly later than
the actual time, nor by the further fact
that for several months he takes no
steps to dispossess the tenant.
4. Adelay of two months and a half N
the commencement of an action of for
chile entry and detainer, after the giving
of the statutory notice thereof, is not
necessarily fatal: to the. proceeding.
All the Justices coneurr1ng.
q true copy.
Attest: D. "A. VALENTINE,
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. HIP.
Lenora Burch, Appellant,
Mary J. Goodson, Appellee:

Mary ]. Goodson, Appellee
Appeal from Sedgwfck County
REVERSED.
Syllabus. By the Court w esn' d
l. In an action by wife for the AMEN
alton of her husbands affections 1t Is
error to sustain demurrer to the pam
tiff's evidence when il shows continuous,
persistent and successful efforts on the
part of another woman to monopollze the
company of the husband, resulting IN ms
increasing neglect and final Abandonment
of his wife and children
2 The law no longer hesltates TO
award damages against one who by CON
tinued willful Vaccinations succeeds IN
wholly or partially depriving a wife OF
the affections which otherwise her nus
band would have bestowed upon her.
All the Justices concurrlng.
A true CODY. ,D--,,,-r,
Attest: -. A. NAbE4N 1L11NE
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 1850.

No. 1850.
Mary Es Mathes and John w. Mathes,
Appellees,
The Shaw Oil Co., The Great Western
Refining & Pipe Line Co., and The
Great Western Oil Refining Co., APP
pellants.
Appeal from Neosho County.
AFFIRMED
Syllabus. By the Court West, J.
1. Under Sec. SO of the Civil Code Gen.
Stat. 1902 Sec. $500 misjoinder of causes
of action is not a ground for demurrer to
a petition.
2. A petition which alleges in substance
that each of three corporations success
sively became the assignee of an oil and
gas lease and that the three by some ar
rangement unknown to the plaintiffs
claimed the right to operate and had
operated the lease and had used and were
using gas for which the terms of the lease
required payment to the lessor, without
paying for it, states a cause of action.
3. In such an action to recover rental
for gas used it is no defense that the
wells produced both oil and gas, or that
the latter had to be removed to save in
jury to the former and to the machinery,
when under the terms of the lease and
the pleadings the material question re-
lates to the length of time the gas has
been actually used by the defendants for
their benefit, aside from the mere matter
of it's removal from the wells.
All the Justices conCurring.
A true COPY.
Attest: D. A VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
LEGAL

know edge to the contrary may assume
ton according to agreement and that the
company has written the policy accord
ing to the application and he is not neg
Hgent IN failing to examine such instru-
mentS for errors and omissions.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE;
[Seal] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
LEGAL.

without any examination whatever, in
view of the circumstances stated, amount
ed to such negligence as to preclude his
recovery.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ESeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 1851.
Dennis D. Doty, Appellant,
VS.

r. S. Cone, Appellee.
Appeal from Finney County.
REVERSED
Syllabus. BY the Court Smith, J.
AS between two claimants to the pos
session of tract of land, each basing his
claim upon an assertion of title the one
who first obtains peaceable possession is
the judgment of a court of competent
jurisdiction.
All the Justices concurring.
4 rue copy.
Attest: d. A. VALENTINE,
(Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
LEGAL.

closed land the expense of fencing so as
to separate their tracts.
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 1851
NO. IbbzI.
Jenny r. Turner, Appellee,

Jenny r. Turner, Appellee,
The Atchison, Topeka and Santa F'e Rail-
way Company, Appellant
Appeal from Cowley County
On Rehearing.
AFFIRMED.
Syllabus. BY the Court. Porter. J.
Whether a railroad employee who is in
experienced in the work of placing a dead
engine on a round table by means of a
push pole kicked by a live engine on q
converging tract, and is crushed between
the two engines while holding the pole
in position, should have known and ap-
preciated the dangers of his situation and
stepped back so as to avoid the injury,
is held under the circumstances of this
case to be a question of fact for the jury
and not one of law for the court.
All the Justices concurrIng.
true copy.
Attest: D. A VALENTINE,
[SeaLJ ..-s- Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

No. Il, Ill.
The State of Kansas, eX rel, Fred s.
jackson, Attorney General ct al, APP
pellee,
VS.,
w. S. Lindsay, ct al, Appellants.
Appeal from Shawnee County.
AFFIRMED.
Syllabus BY the Court. ~ Benson, j.
Where a statute prohibiting the estab-
Iishment of asylums or retreats for the
care of the insane or persons OF unsound
mind for compensation and hire without
first obtaining a license from the state
board of charities is continuously violated
by receiving, keeping, maintaining ana
caring for, persons of the classes named
in an unlicensed asylum or retreat, there
by causing fear, CONSERVATION, ana as
turbance of the peace in the community,
an injunction may properly be granted
to restrain such unlawful acts, and the
court is not restricted to prohioluon OF
disturbances of the peace. -,
All the Justices .concurring.
A true copy. -
Attest: ID. A NALENItNE.
LSeaLl Clerk supreme Soure'
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 16S49.
- w. F. Bolte, Appellee,


J. H. Sparks, Appellant.
Appeal from Sedgwick County.
REVERSED.
syllabus. By the Court. West, J.
The owner of a patent right who by
written contract vests in an agent the ex-
elusive right and authority to sell terri
tory to customers who are to have the
exclusive right to sell the patented inven-
ton in such territory, thereby parts
with an interest in the patent; and notes
taken in consideration for such agency
contract must contain the words "Given
for patent right" in order to be valid.
2 A. sold to B. an interest in a patent
right taking therefor four notes contain
ing the words "Given for patent right"
Soon thereafter G. sold to A. another in
terest in the same patent right in con-
s1deration for these notes, knowing that
they had been given in part payment for
an interest in patent right. c., in order
to obtain paper freed from the quoted
words "a. consenting) procured B. to take
back the notes and give in their place
others which omitted the words referred
to. Held that this transaction was equiv
alent to an erasure from the old notes of
the quoted words and the new notes are
void for failure to contain them.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
lSealI Clerk Supreme Court.