davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14


Sealed proposals will be received by the
Board of Regents Of the Kansas State
Normal School until =. NJ Tuesday De-
cember 8, 1911, for the furnishing Of all
labor and materials and the erection OF
an Industrial Arts Building on tho
grounds OF the State Normal Manual
Training School, Pittsburg. Kansas ia
accordance with the plans and specifica-
lions prepared for the same by Charles
II. Chandler, State Architect
Plans and specifications may he had at
Institution.
Each proposal must be accompanied by
a certified check for five (5J per cent OF
the amount bid made payable to Joseph
II. Hill, President. and the same shall DO
forfeited to the state in case the success
tul bidder fails for ten days to enter into
contract and furnish the required honda
as prescribed by law, after award OF con-
tract has been made
The attention OF the bidder Is called 20
Chapter ia Session Laws OF 1891. with
which he must comply. This IS CONF
monty known as the eight hour law"
The right IS reserved by the Board u
Regents TO reject any or all bids ~ 10 ls
so.
All proposals win be presented under
sealed covers and shall be marked. PRO
posals," and addressed TO Charles *.
Chandler, State Architect, Topeka. Kan
THE BOARD OF REGENTS OF THE
KANSAS STATE NORMAL.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. 1905.
Max Van Hall ct al, Appellees.

Charles L Rea, Appellant.
Appeal from Stanton County.
Syllabus BY the Court Burch j.
Under the urative act of 1905 Gen.
Stat 1903, sec. 1850 the record OF an in
strument purporting to be a receiver s
final receipt, which has been of record in
the office of the register of deeds for ten
years. may be read as evidence of title
in an action of ejectment although the
instrument lacks an acknowledgment and
although the original is not accounted
for.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
D. A. VALENTINE,
Clerk Supreme Court
No. II, Az
The State of Kansas, Appellee,
Fred Keehn, Appellant

Fred Keehn, Appellant.
Appeal from Nemaha County.
AFFIRMED.
Syllabus BY the Court. Burch J.
/ While the evidence was being pre-
scented at the trial of the defendant for
murder one of the jurors drew an mac
curate sketch of the scene of the homicide
in his notebook, so that he could follow
the movements of the principals, and 9TH
ers, as detailed by the witnesses, more in
diligently. When the jury entered upon
its deliberations it felt the need of a
sketch to visualize the scene, and no other
being available, commenced to draw one.
when the juror submitted his, which was
used for the purpose. Held, a new trial
will not be granted for misconduct of the
juror or the jury, or because the jury re-
ceived evidence papers or documents
not authorized by the court" as provided
for in sec. rs of the code of criminal pro-
cedure Gen. Stat. 1903, sec 6S49).
, The jury agreed on a verdict of
guilty but were unable for a time to
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
LEGAL.

where the court should consider, with the
other circumstances, the failure of the
owner to pay taxes or to keep the prop
erty insured, but it cannot be said that
the failure to do either or both compels
such finding, which is necessary before
the court has power to shorten the period
of redemption. (Civ. Code, sec. 476-)
All the Justices concurrIng.
a true copy.
Attest: D. A. VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. 17,11S.
Frank Griffith, Appellant,

No. lis.
Frank Griffith, Appellant,
Frank Marsh, Appellee.
Appeal from Butler County
AFFIRMED
Syllabus. By the Court. henson, =,
not be received to vary the terms of a
written contract does not apply to bank
check given in payment for property
containing a recital of the consideration
for which it was given unless the parties
understood and intended that the check
should contain the final contract between
them for the sale of the property.
All the justices concurring-
A true copy. -
A++as+. d A VALENTINE,
rSeai1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
LEGAL.

resident, that personal service of sum-
mons cannot be made upon the defendant
in the state, and that the plaintiff has a
just cause of action herein against the
defendant, held, sufficient as against an
attack by suit to set aside the judgment
brought more than three years after the
judgment was rendered.
All the justices concurrfng-
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
NJ. LflVU5.
Annie B. Wood, Appellee.

Annie B. Wood. Appellee,
J. S. McAlpine, Armour PackingCo., ct
al, Appellants.
Appeal from Wyandotte County, District
Court.
REVERSED
Syllabus By the Court West, J.
counties having a population of 100, 900 or
over (Gen. Stat. 1909, Secs. 1850 to 4699),
requiring the jury list to be revised each
year II was not error to OVerrule chal-
lenge to the array on the ground that such
revision had not been made, it appearing
that several hundred names of competent
jurors still remained in the box.
,. A deed describing land as beginning
at a point the bank of a navigable
river, running thence along the river bank.
presumptively carries with it the rights
of accretion and reelection, but If the land
adjoining the bank has been recently lost
by avulsiOn such deed will not estop the
GrantOr from subsequently claiming such
land upon its temperance otherwise
Land added to the bank by accretion or
reelection unaided by artificial means be-
longs to the grantee
3. To constitute avulsion along the Mis-
souri, river bordering upon Kansas, the
bank must be destroyed or removed sud
denly, visibly, rapidly, violently, in sub
stantial quantity, and in manner I'M
usual to that river.
T. To constitute avulsion it is not es-
sentiaI that the land torn away be re-
moved intact 50 as to be capable Of 1oca-
ton or Identification.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
LSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. 1851.
The State of Kansas. AppeIlAa


George Stills and Thomas Afc1o..,s
pellants.
Appeal from kingman County.
AFFIRMED
Syllabus BY the Court Mason
1. In a prosecution under a statIIte al
ing 1t a mlsdemeanor to induce a zS-i+,ae
10 absent himself from a trial. vba-e 80
information charges that such result ~
accomplished by abducting and csrr,-;p -
away the witness, proof that the vvit3 ~
S Sonsel 4L 10 oelng taken away is not
In order that one shall be deemed .
Wltness within the meaning of mat
i beTsuI 81 IL Is not necessary that he SHAH
Al the Justices concurring.
\ true copy.
Attest: d A NATr-N-,,ro
lHealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

No. 17,129
Olive NJ Wood, Appellee
J. w. Spurgeon, Appellant
Appeal from Douglas County
AFFIRMED.
Syllabus By the Court West 7
An overpayment made by mistake upon
an amicable settlement of an account may
be recovered back. and this is especially
true when the parties We're not upon equal
terms as to knowledge concerning the
items included in such settlement.
All the Justices concurring except Ben
son, J., who did not sit
A true copy
Attest: D. A VALENTINE.
lSeal.I Clerk Slprema Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

q. NO II, 40.
~ e Rosenfield. Defendant. Appellant
NJ J. Cunningham, Appellee.
appeal from Leavenworth County.
AFFIRMED
syllabus By the Court Porter
IN determining whether property soid
upon execution has been Abandoned ~ 4.
not occupied in good faith cases may arsse
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. 1855.
s. T. Kindley. Appellant,

NO. lb,SSS
s. T. Kindley. Appellant,
VS..
George V. Rogers, as Treasurer of Os-
borne County. Kansas; George F..
Schultze, as Clerk of Osborne County,
Kansas, and the City of Downs, d
municipal corporation, Appellees.
Appeal from Osborne County.
REVERSED.
Syllabus. BY the Court. West J..
1. In an action to enjoin the sale OF
lots for an invalid tax the presumption is
that the officers acted lawfully, and the
burden Is upon the plaintiff to show az
Tentatively that the tax is void
2; Mere Irregularities in the levy will
not suffice.
8. A city of the third class can not
lawfully include in a special assessment
for sidewalk the cost of grading that
portion of the street on which the walk
All the Justices concurring except
Smith. j., who did not sit
A true copy.
ISeaLI d. A. VALENTINE
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

No. 17,213-
Charlotte 3. Douglass, Executrix, Appel
pellant,
Mary R. Lotus, Administrative, ct al,
Appellees-
Appeal from Leavenworth County.
REVERSED.
Syllabus By the Court Porter. j.
l. A judgment for damages for tres
pass to real estate where the tort bene-
fitted the tort feasors estate to the fun
extent of the actual damages recovered
by the injured party, is not a judgment
upon a tort pure and simple but upon
cause of action so far contractual as TO
bring the judgment within the protection
of the provisions of the federal constitu-
ton against legislation impairing the OBJ
legation of contract
? Where such q judgment was rendered
against corporation June So 1906, upon
cause of action which accrued prior to
1899, neither the statute of 1898 laws Spe-
cial Session 1885, CHI 10, sec 40 which took
effect January II, 1899. changing the rem
edy of stakeholder from a single action
TO an action by a receiver; nor the act of
1903 (Laws 1908, ch. 1922 repeating all pro-
visions for enforcing the liability of stock
holders; nor the constitutional amendment
of 1906 limiting the stockholders liability
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
LEGAL.

school purposes. held. that the district is
liable for the reasonable value of such
extra work although no contract was
made therefor by the board in session.
All the Justices concurrIng.
A true copy.
Attest:
[SeaLJ D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

First published in The Topeka State
Journal Monday Nov. IS BILL
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

No. 16, 919
The State of Kansas, ex rel. John S. DaW-
son, Attorney for the Board of Railroad
Commissioners of the State of Kansas,
Plaintiff.
The Chicago, Burlington & Quincy Isail-
road Company, a corporation. and The
Chicago, Rock Island & Pacific Railway
Company corporation, Defendants
Original Proceeding in Mandamus.
Peremptory Writ Allowed
Syllabus. By the Court. West, j.
l. The attorney for the board of rail-
road commissioners is the proper officer
to bring an action in the name of the state
to compel compliance with an order OF
the board
, An order was made requiring certain
railroad companies to make a connection
between their tracks on or before W Gays
from it's date. Three days Thereafter an
action was brought to compel the COM
panies to obey the order, the petition sub
stantially charging predeternlnaton nor
to obey One of the defendants answered
that the other would not obey and that
obedience on its own part was therefore
practically impossible. Each contested the
Va Iifitv and reasonabIeness of the order.
Held, that he action was not premature
g. Complaints by the mayors and coun-
Giles of certain cities and petitions from
many persons and firms requested the
board to order a connection at or near
certain city, it being set forth that at
such place and at another IA miles east
of it the tracks were close together, one
petition mot signed by mayor ana council
of any city or town. prayed for the con-
nection at or near the place first referred
to or at some convenient place IheSe
complaints and petitions asserted that a
large territory traversed by the parallel
roads needed a connection in order to give
such territory better shipping facilities
Held, that after notice, answers and hear
ing, the board rightfully located the con-
nection at the second place referred to-
f. Such order being prima facie reason
able it was not shown to be unreasonable
BY the fact that such connection would
cost a certain sum, in the absence or a
showing as to increased or diminished in
come or profits as a result.
s. The tracks were about 1852 feet apart
where the connection was ordered Held
that the board had power TO order the
connection made at such place
Johnston. C. J., Burch, j., Mason j.,
Smith j. Porter, J., and Benson, J., con-
curing. West, J., dissenting from second
parag graph of syllabus and corresponding
portion of opinion
A true copy.
Attest: d. A. VALENTINE,
TSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

Published in The Topeka State Journal
November IA, 1911.1
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

Both Phones 2s7 Day and Night
HAWLEY & STEELE.
Funeral directors and eYnhalmers, IFS East
~h ave- Mrs Roht. Steele. assistant.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. 17.O0o.

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
COAL
UNDERTAKING.

L. NJ. PENWEL4I. funeral director and
embalmer. First GLASS service, reason
able prices 6oS-5io Quincy st. Both
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
MACHINE SHOPS.

LAWN mowers ground on factory ma
Chimes" perfect Job, 81. 90. Free delivery
Ind. bo3 Bell 1871. II. n. Howard.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

The State of Kansas. ex rel. John S. Daw-
son, Attorney for the Board of Railroad
Commissioners of the State of Kansas,
Plaintiff,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

d. A. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
CIDER.

John PETRZILEK. the only practical
furrier in Kansas. 1T w. 9TH. Topeka
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

D. A. VALENTINE,
Clerk Supreme Court.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-11-10

without carrying the ball back to the
line where it started. In this case.
the right play is TO touch the ball and
let il drop to the ground, so that the
pail VIII then be brought back to the
place where it started and given to
his side. To the Erandstand this play
properly executed would be Kissed by
the unthinking.
Again, a quarterback in the safety
position is standing almost on his own
goal line. The ball is kicked to him
He can't make an easy catch, but the
heady man in this case viii usually
allow the ball to fly or bounce across
the goal line. The defending side is
then allowed to take the ball out to
the 25-yard line and put 1t in play
If he elects to catch it he viii prob
ably be downed before reaching that
line. Yet quarterbacks have been
called dubs and poor catches by the
grandstand for this play. The same
procedure should be used where
high Kickoff is kicked so as to pass
or bounce over the goal line imme-
diately. especially where the ends
coming down under the kick are fast.
The heady backfielder Of these days
runs outside and continues parallel to
the goal line for a few PAGES in order
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-11-10
GRIDIRON WARRIORS
TO MEET SATURDAY
Local High School and Y. NJ.
@. A. to Battle For
HOuOr-

The final football game between
the high school and the z. H. c. Al
viii be played at Washington Park
Saturday afternoon. This is the sec
ond time that the two teams have
been matched against each other this
season, the other game going to the
T. II. c. A. by a close score
Both teams have been working hard
in preparation for the game, and each
is confident of victory. The high
school boys are especially anxious to
win the game on account Of defeat in
the other game and viii use every
thing they have to defeat the Y. team.
The Y. II. c. A. viii line UP as fol-
lows in the game Center, Nee.
guards, Perralta, Freeman. Anderson.
tackles, Pickens, Miller. Wilcox. ends.
t1let, stevenson, Wyman. Evans.
ThurnOnd. fuuback, Worthington.
Golden; right half, Hewitt Robert
son; left half. KiIburn. quarterback.
GarWOOd and Golden
The Y. H. c. A. team VIII appear
for the first time in its new football
uniforms The uniforms are OF gray
with a white Y.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-11-10
There is Inside Football
the Same as In Baseball
Quick Thinking Changes Defeat vicoBrins
BEavn-Kueh Depends the Quarterback.

New York n. Y, Nov 1O.-There is
an inside" football Just as wen as
INSIDE" baseball The great difference
IS that there IS SO much more inside
football that NOT ONLY does the aver
age spectator miss il, but the players
and coaches themselves see little of
# AT present il seems that the pos
sibiliues OF inside football are un-
limited.
Every player on team has chances
10 pull off inside work, but the posi-
ton which most needs the ability to
grasp a situation and grapple with IT
IN a new way is that Of quarterback.
around the little men Vho call the
signals Tor the big elevens open a
thousand possibilities for inside play
and many are the quarterbacks who
do NOT take advantage of their oppor-
tunities. That is why the "heady'
quarterbacks, that is, those who can
run team on the field as wen as
the coach on the side line could direct
1t, may be counted on the fingers Of
one hand
The quarterback must keep I'm mind
the number Of the downs, the distance
% be gained, the position on the field,
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-11-10
SCALPING SCANDAL
TO BE INVESTIGATED
National Commission Sets
December II For An
nOUncing the Result

Cincinnati. Ohio, Nov. 1O.-That the
National commission has obtained evil
deEce REGARDING the charge that ticket
scalpinS was prevalent during the re-
ceE- worlds baseball series in New
York and Philadelphia. was indicated
when the commission definitely decided
to pursue an Investigation.
y meeting viii be held by the com
mission in New York on December II.
at which the result OF the investiga-
tjou will be announced. Not a sem
blance of clue as to along what lines
the Investigation is to be conducted or
what evidence was displayed before the
meeting, was made public.
The commission decided by q unani-
nous vote that in the future the ticket
sales for worlds series games shall be
conducted by business repreSe natives
of the commission under direction Of
its members.
If the Investigation now under way
develops proof that warrants such 8C-
ton, the commission viii, IN finding.
fix the responsibility, regardless of
whether club or any of its employees
be affected. II. on the other hand, no
substantial testimony IS produced that
either a club or any of its officials
or employees are at fault, the commits
sion viii go on record as eXOnerating
them.
The commission was I'm session for
five hours, and the major part of the
time was devoted to the ticket scaIping
question.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-11-10

to tempt some unwary man or the
other team to tackle him and secure
penalty against the tackler-
Coaches Have Trick Methods.
Almost all coaches have devices FOR
getting the other team Offside- The
favorite device of Bill Roper. now di-
rector at Princeton. was peculiar
system of signals. The series con-
tanning the charging number would be
called and Immediately after the last
integer called the team would count
two to themselves and charge. Other
themselves to this system of charging,
which was without any apparent sig
nal. 1t mystified the opposing teams
and they began charging couple Of
seconds after q series which did moi
contain the charging number and
were caught Offside. False starts and
twitchings of the ball by the snapper
back also accomplish the same object.
A very questionable kind Of inside
work is the system of working on
the injured knee or other injured part
of an opponent in the hope Of weak
ening him and making an opening.
To fOrestau this, injured players
frequently cover their good knees Os-
tentauous!y with oanoages, mus
tricking their opponent to direct his
energies where they will do least
harm.
The use of the unexpected play IS
the Quintessence Of inside play One
of the most successful things at times
is the repetition of a play which has
just failed. Two plungers have tried
in succession tO. pierce through guard
and the man defending the spot counts
himself safe from a third attack. An
other play of the same kind under
these circumstances viii frequently
take him unaWares and result in a
substantial gain.
A thousand other possibilities are
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-11-10
Georgetown Charges that West Point
Soaked its GridirOn for Saturday Game

~ HE West Point team is being Sc
verely censured on account Of
the game with Georgetown last
Saturday. which ended in a tie score
Several serious charges are being made
AGAINST the cadets Georgetown &C
cOrding TO experts although out
weighted, both Outgamed ana OuIpLaye co
the West Pointers. In the first place
GEORGETOWN supporters say that LAe
West Point field had been soaked with
water and the field was IN sosSy
condition. during the game Ihls was
supposed to have been done purpOSely,
as the grounds and roads in the lmme-
date vicinity Of the grtdiron were
dry.
It is well known that the cadet team
this year is at its best on SOFT ana
soggy field, as it was on account on
this that they Outplayed Yale IN their
game this year, as that DAY was one
Of the most disagreeable or me pres
ent season Another charge IS made
against the officials, as the George
it was penalized II times during the
game for total Of 135 yards
Some clever fights are booked for
Friday and saturday IN me an, ollIe s-. en- {
cities which VIII please the night fans
At Buffalo, n y, Friday, Bat Nelson
is slated for a 10 round go with Tom
nv Moore. On Saturday, Joe Rivers
the Mexican fighter, viii meet FRANKIE
COnley in a 20 round affair al ernOnr
Cal, George Brown viii meet Jack
Dillon in a six round match at Pitts
burg, and Nike Gibbons VIII meet
Willie Lewis in a 10 round fight in
New York
A Packey NcFarland-Ad WOlgast
fight seems TO be sure thing. Packey
is booked for a conference with rom
Jones WOlgasts manager, and about
-n
signing up Of the articles The articles
are already made out and have been
for some time awaiting for the sigma
lures of the two contestants, and from
now on il looks as II the two speed
boys VIII finally come TO an agreement
The fight if finally arranged for. VIII
be held in san Francisco, January j.
Western football honors are up to
Wisconsin to decide who VIII take
them for the 1911 season They must
decide this point In the game which
they will play with Minnesota. a week
from Saturday. Wisconsin and Mime
sofa are the only two teams in the
western college conference, which is
known as the Big Eight that have not
been beaten this year Minnesota did
championship honOrs, by deCisively de-
feating il last Saturday, and so now
the whole thing remains on the out
come Of the game between the Bad
gers" and the "GOphers-'
The Minnesota team cannot be i'm
proved upon much, because as Ii stands
IL is one Of the best football machines
IN the country. Williams has built up
an organization this year that can
hardly be beaten, and had the team in
its best form early in the season, so
as he now has only to keep the men
In condition for the game with Wiscon- /
sin. Wisconsin, on the other hand, viii
have to do a lot of work in the week Z
before the game with Minnesota This
is the first time I'm several years that
the Badgers" have had a chance TO Z
ay any claim to the western title, and
they will probably put their best in {
the game I'm order to win.
Ira Thomas. the Athletic catcher. viii I
soon be a rival of Christy lIathewson l