davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
No. 1878.
o. 8. Stovall. Appellee,

No. 1878
o. 3. Stovall, Appellee,
The Atchison, Topeka &c Santa Fe Rail-
way Company, Appellant
Appeal from Marion County.
REVERSED
Syllabus. BY the Court Johnston, c. j.
Where the road of a railway company
which runs through the farm of plain
tiff was legally fenced through the
farm except for a distance of thirty feet
over which the owner built fence in
Guiding gates for his own convenience
which fence diverged about fifteen feet
from the right-of-way and connected at
each end with the fence of the railway
company. thus leaving a passage way
between his fields and also to private
crossing of the railroad, it will be deemed
to be substantial enclosure of the rail
road with a fence within the statute
and the owner can not recover for the
killing of an animal which passed
through a gate on his land where the
only negligence alleged is the failure OF
the railway company to perform the
statutory duty of fencing it's road
through his farm.
All the Justices concurring.
A true copy.
Attest. d. A. VALENTINE,
lSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10

No. 1910.
Girard Trust Company, Trustee, APP
pellee.
Thomas Owen, Jr.. ct al, Appellants,
Appeal from Cheyenne County.
MODIFIED
Syllabus By the Court. Mason. J
l. Where there is conflicting testimony
in this court as to whether a case-made
was served before the expiration of the
time allowed. the certificate of the trial
judge that the service was made in due
time will control.
3 The payee of note who has as
signed it as collateral. security has still
such an interest therein that a written
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
No. 16,772.
c. C. Mills, Appellee,


c. c.. Mills Appellee, ..
E. P. Riggle, Appellant, and Charley E.
Sullenger, Defendants.
Appeal from Greenwood County.
JUDGMENT MODIFIED.
Syllabus. BY the Court. Porter. ].
1. Negotiable paper made in the name
of one partner when his name is not
that of the firm is prima facie the in
dividual note of such partner and ordi-
narily not binding upon the partnership;
but it is not conclusive of that fact, and
upon proof sufficient to warrant a find
ing that the money was borrowed on the
credit of the firm and that the firm re-
ceived the benefits, the note may be re-
garded as merely collateral, and the 9TH
er partner will be held liable in an action
to recover upon the original considera-
ton.
2 Evidence that one who has loaned
money to copartnership had heard that
one of the partners was financially re-
sponsible is not hearsay where it is Of
fered for the purpose of establishing the
fact that he relied upon what he had
heard.
All the Justices concurrfng.
A true copy.
Attest: D. A VALENTINE,
TSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10

No. 1854.
Mary n. Taylor, Appellee,
John T. Danley and J. w. Scott, APP
pellantS.
Appeal from Scott County.
REVERSED.
Syllabus. BY the Court. Smith. ].
1. A tax deed issued to wheeler &
Motter of Buchanan County, Missouri"
is not void for the reason that it does
not sufficiently identify the grantee
2. Where, in such case. w. W. Wheeler
and Joshua Motter, with two persons
designated as their respective wives, af-
ter the issuance of such tax deed, join
in a conveyance of the land described in
the tax deed, it will be presumed, in the
absence Of any evidence. after the tax
years, that w. w. Wheeler and Joshua
Motter were the identical persons named
as grantees in the deed
3. In an action of ejectment where the
petition and answer set forth such facts
and make such denials only as are re-
quired by sections 619 and $40 of the code
either party under such pleading may
prove any fact which would tend to
strengthen his own title or to defeat that
of his adversary to the same extent as
If the facts were fully pleaded, including
such as may tend to prove that the
rights OF either party have been barred
by any statute of limitations.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
PHOTOGRAPHERS.

WEHE'S pictures please. You get your
moneys worth. then some. Try him.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
BUSINESS CHANCES

FOR SALE-Restauran doing good busi-
for selling. Address J. B. J.. care Journal
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
d. A. VALENTINE,
Clerk Supreme Court.

No 16794.
The Atchison, Topeka & Santa F'e Rail
way Company, Appellee,
VS..
The Superior Refining Company, APP
pellant.
Appeal from Elk County.
AFFIRMED.
Syllabus. BY the Court Benson, J.
Relief from excessive freight charges
upon interstate shipments, where the
charges are made according to established
rates fixed and promulgated as required
by the interstate commerce act, must be
sought through the interstate commerce
commission
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
MACHINE SHOPS.

GUNS cleaned and repaired by experts
The H. B. Howard Supply Co. 10 K. A.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
FOE EXCHANGE.
EXCHANGE

G2lAeS NStAEsG eA6N S0GS
$4,000 stock hardware, implements fur
f1fture, undertaking. with corner building
On clear eastern half OF Kansas King
man county. Well improved, 120 acres in
Coffey county, 31s miles of Leroy. SO
bottom no overflow. price $1,000; 50 900
mortgage. Trade equity for close in resi-
dence or rental
$50 a. in Thomas county. $500, mtg. $3.50.
Trade for residence property, close in w
O' W. NJ Forbes & Co. 10 w. 18th.
FOR EXCHANGE-16O a. choice wheat
land. Ness CO., Kan. Want Topeka
property. Phone 2SIS red 413 E. 18th St
EXCHANGE
q rrn modern bungalow, 55x1S5 on ter
race: leased at SIS per mo. Price, 5000.
want Z or s rIn. house within dozen blks
~ Kan. ave: West side.
~. nj. FORBES & CO,
lo7 West 18th. Both Phones.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
PAVING

PAVING.
CAP1IAI CITY VITRIFIED BRICK s
PAVING CO., PA E. 9Th st Mfgs. o
building. paving and sidewalk brick
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10

FOR SALE-City property, close in rents
per year $S73; cash price $4,000 By owner.
Ind 24SS Rlue
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
PICTURE FRAMING.

FRAMING. regilding. mat making, mount
ing done by ]. D. Sullivan. 122 w. Eighth
street. Packing. shipping. etc.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
WANT TO EXCHANGE
10 ACRES

| In Southern California; will trade for
| property near Topeka. Frank H. Roebuck,
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
AT Local TheQters
At the Murray.

The verdict of the patrons of the
Murray theater is very pleasing, in
pronouncing the show to be one of the
most delightful and entertaining seen
there in some time. Jane Barber
billed as some singer Is all that and
then some. She renders three selec
tons In manner that makes her au
dience wish for more. Not only has
Miss Barber good voice, but she is
certainly very pleasing to gaze upon.
Leslie Thurston renders some beau
tiful selections on the xylophone and
displays extraordinary ability as a
high class musical artist.
The Four Sullivans is a quartet OF
much merit and in connection with
their fine singing do a lot of good
dancing. introducing many new and
difficult steps.
Heading the bill is George Reno and
company in vaudeville's foremost
comedy offering. Misfit Army. This
is the first time that this act has ever
appeared in the popular priced houses
and local theater goers are certainly
being accorded rare treat in this
act. There are five people in this act
every one of them being clever and
capable performers. During the act
some very good singing and clever
dancing is introduced by charming
Miss Bessie Reno.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
GAMBLERS STILL
LAUGHING AT ANTS

French Lick. May 24.-The Anti
Gambling league, organized here re-
Gently. is the butt and joke of the gam
bler's of French Lick because, on it's
surface, it has accomplished nothing
toward putting an end to the games
of the sports, who flock here from all
over the country One of the promot-
ers of the league, however, says:
Just wait till the chain of evidence
we are forging is complete. Then
we'll see who laughs
The league has not made public it's
plan of campaign. but it is known
spoilers" have paid several visits to
Al Browns Monte Carlo" and here
seen enough to convince even wal
ley grand jury that the laws of In
diana are being violated constantly.
Residents of the valley are not admit
ted to the brilliantly lighted gamb-
ling rooms, but on warm nights. when
the the windows are open. II does not
require ocular evidence to know what
10 going on.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
PLAYS AND AYERS

The new play in which Robert Hill
lard is to apper is called The Sew.
enth Moon
THE White Sister," Viola Aliens
success, will be used by stock com
panies this summer.
Wallace Munro has joined the David
Belasco forces, and is working on the
Pacific Coast.
Anna Held is to become manager
as she has the rights to play by the
author of Madame X"
Gertrude Elliott is to produce play
by Joseph Medill Patterson called
Rebellion" in Jersey City.
Louis Mann is to apper in play call
ed "On Easy Terms" under the man.
agement of w. A. Brady.
Julian L'Estrange, leading man with
Billie Burke, is next season to play
the role of Nicias in That's"
Julia Hay will be member OF
Frank McIntyre's company in George
Bronson Towards play, The Snobs. u
Margaret Mayo is writing a new play
for Charles Dillingham;, and is also
turning Baby Mine" into novel.
Eleanor Kent is making her first
appearance in vaudeville in a one-act
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
How to Get Well
Not How to Keep Well, But How To
Secure Health Is the Serious
Problem to Many.
TRY euro GRAINS FREE.

Sick people want health, not advice.
Therefore this is not a philosophers
corner. There is too much of a tend
ency to tell sick people they need ex-
ercise or they need this, that or the
other sort of diet. The quickest way
to health is to use the recent medical
discovery, euro Grains.
The reason is this-you get every
bit of your bodily strength from nerv-
GUS energy derived from your food. If
it doesn't digest properly the body is
deprived of these natural chemical
elements of which it is composed.
This fact is thoroughly demonstrated
by the analysis of our bodies. Now
euro Grains have the remarkable ef-
feet of causing a weak, nervous system
to take care of the functions of the
body and thus enable the blood to dis
tribute health-building chemical ele-
ments all over the system.
Here is a simple statement of fact
with concise reason. And yet it
would perhaps be more convincing if
sick people would try these euro
Grains.
If you send your name and address
to L. c. Grains Co.. 1872 Pulsifer Bldg,
Chicago. ILL.,, they will mail you a free
trial package of euro Grains.
The full size package of euro Grains
Richmond by A. G. Luken & Co.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
WHAT is LEFT OF
MAINE TO BE SUNK

Washington, May e4.-unless 9TH
erwise directed by congress all that re-
mains of the Inflated battleship Maine
after it has been rasied from Havana
harbor and stripped of parts of value
will be towed out to sea and sunk in
deep water.
The board of engineers, engaged in
raising the vessel SO recommends in
its report. which the war department
submitted to congress. Secretary
Dickinson has approved the recommen-
dation and says: Action will be taken
accordingly unless congress directs
otherwise"
The matter will be considered by
the house military affairs committee.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24

operetta called Love via Acceptance. -
1t is said that May Templeton will
return to the stage next season under
the management of George A. Lederer
Several companies will be organized
in New York late in August to play
Over Night" on the road next sea-
son.
A stock company in Providence will
have as stock stars Eugene Blair,
Mildred Holland and Isabelle Eveeson.
Henry Miller is to play a short en-
gagement in vaudeville in Frederic
lie Maitre,' supported by Laura Hope
Crewe.
Marie Cahill has been suffering with
such a severe cold that she has been
compelled to cancel some of her book.
ings.
J. E. Dodson has play in which he
will star under the management OF
"Gauntlet's Pride" and is by J. Hart.
icy Manners.
| Clifton Crawford, the star OF
Three Twins" is to appear next sea.
son in a new musical play called
The MILDLY" under the management
of Joseph M. Gates.
Alexandra Bison the famous French
dramatist, had conference in Paris
with Porter Emerson Browne with the
idea of adapting the latter's play for
the French stage.
| William H. Crane is to have a new
play next season adapted from the
down east stories Of Joseph c. Lincoln
by the Rev. William Danforth, author
of The Gates of Eden.'
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24

charge OF the driver again and the
the night.
The conductor OF another kind of
car, a Brooklyn rapid transit elevated
car. was lacerated about the hands
and face in the afternoon solely be-
cause the crowd that went Coneyward
was the biggest since Luna Park was
thrown open in 1903.
The conductor. Walter Bowling, of
675 Fifth avenue. Brooklyn. had OPP
ened the gates as usual after the West
end train had left the Thirty-sixth
street station to proceed the rest of
the way on the surface and at the
same time pulled up the wooden flaps
which cover the steps when the gates
are closed. So great was the plat
form overflow that as the train ap-
preached the Sixty-second steet sta
ton. Bath Beach, Bowling was acct
IDENTIFY pushed off his platform. DR..
Jackson of the Norwegian hospital
took the battered conductor to the hos
pital.
Black Prince, the Dreamland lion,
which on two successive Sun Well,
put II another way. Harry Smith Of
the Ferrari. animal show at Dreamland,
who on two days running had the
distinction of seeing certain wild
animal of the species which Bonavita
four or five times day all year, every
cry year, tries to subjugate. was trail
ed steadily yesterday by the Dream
land press department. When Harry
finally got too close to a clipper Shet-
land pony used IN the Dreamland cir
Gus ring early in the afternoon the
pony shot backward with babyish,
playful thrust and kicked Harry Smith
gently in the face. ...-
Harry was just fraction of an inch
from the end of the thrust, SO he was
MT hurt badly. The press department
apologized because nothing more SER
ious had happened, but Harry was Of
the opinion that little bit more than
enough is plenty. Pete Coklin, clown
in Barnum's first real circus, up at
Broadway and Spring in the early SOS
and now ballyhooing at the age of 20
at Dreamland, said that the boy will
have to stay out of the animal show
| from this on or take up for
add time some quieter trade. like the
butter and egg business.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
SOCIAL SERVICE IS
TEACHING SUzzAlO
Salary Should Always Be
Secondary Matter Is Pro-
fessor's Advice.

Indianapolis. May 24-Dr Henry
Suzzallo, professor of educational So
GEOLOGY in the teachers college of
Columbia university, New York city,
who has spoken a number of times in
this city, lectured in Caleb Mills hall
to an audience made up of teachers of
the Indianapolis public schools on
The Practice of Teaching as a Pro-
fession"
He said in part: Every profession
al service is mastership of crisis.
Something crucial is always at stake
when the professional workmen enters.
1t may be life, health, liberty, the
right of property or the pursuit of hap
piness. The professional workmen
must be superior in his knowledge and
skill to the layman.
Experience in teaching consists of
four superiorities: First, scholarship;
second, method of presentation; third,
commenting from the values and
ideals of life: fourth. a superior hui
man personality.
Teaching as profession is a social
stewardship. No selfish man is true
professional workman In true pro-
fessional service it is always true that
earning livelihood must be secondary
to serving civilization The lawyer and
the doctor are frequently tempted
away from these ideals by the prom
Use of huge fees; the teacher and the
minister seldom are so tempted be-
cause they are paid by the salary sys-
tenn. The teacher will not become an
anti-social. His danger is that he will
be nonsocial; that he will not awake
from the barrenness of his books and
his monastic traditions and see fully
and understandingly the real economic
social and political world which he
serves.
Leading, Not Driving
professions service is an ethical CO.
operation. 1t is a leading, not a driv.
ing of men. 1t is a working in with
things which are below him, but with
human beings who are his equals.
THE martinez renders no profession.
al service, because he has no rever-
ence for the human beings beneath
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
Dandruff Vanisnes
Falling Hair Ends and Hair Grows
Profuseiy.

Falling Hair Ends and Hair Grows
Profuseiy.
Your money back IL Partisan Sage
isn't the best hair tonic-the best hair
grower-the best hair saver-you ever
used. you be the judge. Ask Leo H.
Fihe.
It's really a wonder what a pnenom-
email sale Partisan Sage has made for
itself in America in a few years. And
what a multitude of people have been
cured of falling hair. dandruf and itch
ing scalp by its use. .
And now the American women praise
Partisan Sage for its peculiar ability to
turn harsh, faded, lusterless hair into
fresh. beautiful. silky and lustrous
hair in few days.
Partisan Sage is today the favorite
hair dressing and tonic of discriminate
ing Americans, because 1t is the only
hair grower that will do just as ii is
advertised to do, or money back.
II kills the dandruff germ and cures
dandruff, stops falling hair and itching
scalp in two weeks. II it doesn't Leo
II. Fihe and druggists everywhere will
give you your money back.
II you haven't tried Partisan Sage,
get large so cent bottle today.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
OVER THE $4,000
MARK IS THE FUND
Six Big Contributions, Re-
ceived by Earlham Today,
Swelled the Fund.
EARLhAM DEBT FUND.
Previously Acknowledged 80. $19,431
New Pledges ............... 1000
Today's Total ............. $21 ,031

| Six big contributions swelled the
Earlham fund today from $19,431 to
] $21, 031. President Kelly, who is act
ing as chairman of the campaign COM
mittee in the temporary absence OF
Morton c. Pearson, had an opportunity
to enjoy the thrills that come with
the opening OF envelopes from field
workers. These envelopes are mail
ed in every night and contain the re-
ports Of the days work, together with
pledge cards signed in various
| amounts. The anticipation that al
ways reigns when the mail has been
delivered and is ready to be opened is
much like that of Christmas. The
Opener" knows that he is to get
something" and that it will be nice"
but he doesn't know just how nice"
Todays mali was not disappoint-
ment in any way. 1t came from Ham,
| ilton county, where V. ID. Nicholson,
field representative of the American
Friend, is working with Tom ones.
| The county has many Quakers and
they are substantial citizens. This is
shown by the size of their contribu-
tions-six of them giving $1,000. Three
came from Westerfield and three from
Carmel. Two pledges were for $500
each; one for 5000; two for $3.50 each
and one for $11.
Other pledges have already been
signed in Hamilton county, enough to
bring the county's total to $4,000, but
not all of these cards have been re-
ceived and filed, and no pledges are
added to the fund until they are in
the chairman's file case.
| One of the gratifying features of the
campaign, is the large number of men
and women who are giving pledges
ranging from 800 to $500. Yet, while
there are many of these, the cam
paign is being made success through
the interest and generosity OF the
many friends of Eariham who are CIV
ing smaller amounts. Pledges rang
ing from 81 to SIS are frequent, al
though most of them are from S. to
SIS. There is a generous sprinkling
of $25 and $50 pledges also.
| No reports have been made of re-
suits in Wayne county. The campaign
is being actively conducted here and
the county, outside Of Richmond will
be thoroughly canvassed this week.
Chairman Pearson and President KEEL
ly are counting strongly upon Wayne,
believing that support should come
through several sources: Friendship
for the institution, ALLEGIANCE to the
church, and county pride.
While the fund has been growing
satisfactorily, every dollar that can
be had will be needed to bring it over
the $4,000 mark on Commencement
Day.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
Interesting Reading for
Tubercular InvalidS

The makers of Eckman's Alternative
will send literature direct. Every con-
sumptive should read this convincing
raight-from-the-heart evidence.
71s Cherry ST., Phila., Pa.
Gentlemen: I'm July, 1905, I hrst
noticed the symptoms of Consump-
ton. My brother recommended Eek
mans Alternative. In the Fall of 1905,
began to take it. and at this time /
am perfectly we'll" (Signed)
M. L. GERHARDT.
Fuller details of above case on re-
quest.
Eckman's Alternative is for Bronchit-
is, Asthma, Hay Fever; Throat and
Lung Affections. For sale by A. G.
Luken & Co., and other leading drug
gists. Ask for booklet of cured cases,
and write to Eckman Laboratory, Phil
adelphia, Pa, for additional evidence.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-24
Rheumatism Comes
From Bad Kidneys
Once Your Kidneys Work Properly,
Rheumatism, Kidney Disease and
Bladder Trouble Disappear
How to Cure Yourself.

Il Ia no longer necessary to spend
months and months undergoing com.
plicated treatment for rheumatism.
kidney or bladder trouble, or spend a
good many dollars In doctors bills.
A new treatment can now be OBJ
tained which seems to act more like a
marvel than medicine. This treat
ment has produced such satisfactory
results In a short time that 1t is now
guaranteed from first to last.
There should be no more doubt
about the rapid cure OF rheumatism.
no fears OF the fatal termination OF
treacherous kidney disease or dropsy.
Rheumatism means nothing more
nor less than that your kidneys do not
work properly. Your blood passes
through the kidneys hundreds Of times
. day to be filtered and purified. When
the kidneys are weak. the poisons are
not taken out OF the blood as they
should be. This leads to various dis
eases. such as rheumatism, terrible
Bright's disease, diabetes, dropsy and
bladder trouble.
The new guaranteed treatment is DR..
Derby's Kidney Pills. One days use
OF them will prove their remarkable
effect NJ. T. Ridenour OF Lima, Ohio.
says: when feel bad in my back. I
just take a couple Of Derby's Kidney
Pills and get immediate relief"
II you have rheumatism anywhere.
back pains. cloudy. foul urine. pains in
che bladder. Bright's disease or dia-
beeeR, nut your whole confidence in
DR.. Dcrby's Kidney Pills. and you will
not be disappointed.
DR.. Derby's Kidney Pills are sold at
hll drug stores-25 and so cents. or
Ne will send them direct from the
laboratory Of Derby Medicine CO.. Eat.
% Rapids. Mich. prepaid II you wish.
81 you want to try them first, just tell
four druggist 70 give you q free sam.
pie package.