davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14

No. 1885
Ethel Garvin, Appellee,
H. F. Garvin, Appellant.
|. Appeal from jackson County.
Affirmed as to the First
and
Reversed as to the Second and Third
causes of action.
Syllabus. By the Court West, j.
l. A witness may on cross examination
be asked and required to answer ques-
lions touching his past conduct and char :
acter and as to specific acts for the pur-
pose of sitting his conscience and testing
his veracity and credibility-
2. In an action for SANDER punitive
damages may be recovered only upon
proof of express as distinguished from
implied malice.
g. When the jury returns unreSponSive
answers to special questions submitted TO
them they should be required to retire
and perpare answers which fairly respond
to the interrogatories.
Ali the Justices concurrlng.
A true copy.
Attest: d. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
LEGAL

educate at the school. Held, he is entitled
to maintain an action of mandamus in his
own name to compel the establishment of
the school, under Sec. us of the civil coGe
which provides that the writ of man
damus may issue on the information Of
the party beneficially interested
2 1t is the duty of the court to inter
pref statute designed to ameliorate So
cial conditions and promote the general
welfare of the people of the state in such
a way that it may be upheld and not
nullified, if it be possible to do So. and
in such a way that the intention of the
legislature may be carried out to the
fullest extent. A causus omiSSus should
not be acknowledged if by any reasonable
Interpretation the statute may be read to
avoid it.
;. The duty of establishing the school
of mines and metallurgy created by the
statute referred to in paragraph 1 is i'm
posed upon the Regents of the University
of Kansas.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. IL, $50.
Cary johnson, Administrator of the Estate
of Lillian Sly, Deceased, Appellee,

Cary johnson, Administrator of the Estate
of Lillian Sly, Deceased, Appellee,
L. NJ. Powell Appellant
Appeal from Shawnee County.
REVERSED.
Syllabus. By the Court. Johnston. c. }.
1. In an action against a. physician and
tice for failing to properly reduce dis
location and treat an injured hand nom
expert witnesses can testify as to external
appearances and manifest conditions OBJ
seryable by any one but whether a surgi-
cal operation has been performed with
reasonable degree of skill, knowledge and
care, and whether the patient was there
after skiIlfuIly and properly treated, are
questions of science to be established by
the testimony of witnesses OF special skill
those who are without special learning
and skill as to such operations and prac-
tice.
and spontaneous character, indicating
present bodily pain, is competent as orig
inal evidence. but the declarations OF an
injured party as to his past feelings ana
symptoms, and which are not voluntary
EXPLANATIONS of present pain and surfer
ing, are hearSay and should be rejected
g. Ordinarily the declarations of
physician who is not a party to the &C
ton and who was consulted by patlent
as to an injury or ailment are not ad-
nissable in evidence to show the physical
condition of the patient.
4. After instructing the jury correctly
as to the skill, learning and care TO De
possessed and exercised by general prac-
titioners the court further instructed that
a physician and surgeon, who holds him
self out to the world an expert In
any of the branches of medicine and sur
gerry is required toApossess and exercise
a higher degree of knowledge and skill
than the ordinary practitioner, held, that
nothing in the testimony herein warranted
an instruction on the theory that appel
liant had held himself out as specialist
or that the degree of skill and care re-
ouired of him should be higher and great
er than is required of the ordinary ply
stefan and surgeon.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
ISeaLl Clerk Supreme Court
No. 1911.
The Board of Education of the City or
Fort Scott, Plaintiff,
VS..
W. E. Davis, Auditor of the State of
Kansas, Defendant.
Original Proceeding in Mandamus
WRIT DENIED.
Syllabus By the Court. Johnston, G: j.
Chapter 259, of the Laws of 1911, which
purports to limit the bonded Indebtedness
that may be voted and assumed by cities
of the first class for school purposes. is
repugnant to the provisions of the state
constitution prohibiting special legislation.
All the Justices concurring-
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
d. A. VALENTINE,
Clerk Supreme Court.

No. II 346.
John P. Burns and Christopher ]. Burns
Appellees,
VS..
James Burns and Mary Burns. Appel
lants.
Appeal from Saline County.
MODIFIED.
Syllabus. By the Court. Mason ].
1. What is designated by the trial court
as a conclusion of law will DE treated on
review as a finding of fact if it appears
to be essentially of that character
2. Where findings show that the evil
dence presented question of fact whether
a deed was intended as advancement,
a statement, found among what are
designated as conclusions of law, to the
effect that the evidence is not sufficient
to overcome the presumption of that in
tention, will be regarded a finding of
fact that advancement was intended.
8. The common law rule that one who
has received property by way of advance
ment must bring it into hoteh pot, If he
wishes to claim a portion of the estate of
an intestate as heir. is abolished by
the statute providing in substance that
advancements shall be considered as part
of the estate, but that one who has re-
ceived an advancement in excess of his
share need not refund any part of it.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
lSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
| EGAl-
Published in The Topeka State Journal
May IA, 1921
SUPREME COURT SYLLABI.
No. 1855.
A. K. Coleman, Appellee,

VS..
The Atchison, Topeka & Santa Fe Rail-
road Company, Appellant.
Appeal from Kingman County.
REVERSED.
Syllabus. BY the Court. Benson, J.
l. A railway company is not liable for
injuries suffered by person in attempting
to pass over it's track at street crossing
merely because it's employee managing
the train ought in the exercise of reason
able care to have discovered his perilous
situation, and stopped the train, where
his own negligence operating at the same
time, contributed to produce the injury.
2. The doctrine of the last clear chance
does not apply so long as the parties are
concurrently negligent.
All of the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
(SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. 1889.
A. r. Hetzer, Appellee,

A. r. Hetzer, Appellee,
]. F. Koogler, Appellant.
Appeal from Kearny County.
AFFIRMED.
Syllabus. BY the Court. Benson, J.
1. A judgment was rendered upon de-
fault reciting a service upon one of the
defendants named therein by publication
only. The defendants name was not in
cluded in the affidavit for publication nor
in the petition and he was not a party to
the action. 1t is held that the judgment
so far as it purports to affect that de-
PENDANT OF his property is a nullity, anG
there was no error in setting it aside on
motion of a party holding property by
conveyance from the supposed defend
ant which the judgment purported to
bind.
2. A tax deed which shows the sale OF
several separate and distinct tracts In
bulk for a gross sum is void upon it's
face (Worden v. Cole, "A Kan 226, Sc Pac.
464)
g. The claim that the owner of land
has lost his title by abandonment in favor
of the tax title holder under the facts o.
this case is not sustained.
All the Justices concurring.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14

D. A. VALENTINE,
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. 1855.

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14

d. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14

D. A. VALENTINE,
Clerk of Supreme Court.
The Birmingham age-herald., 1912-10-29
BIG THREE WILL FIGHT FOR THE FOOTBALL RELATIONSHIP BROWN AND SWARTHMORE STILL UNDEFEATED

Boston. October 2s.-with the season of football at its height all eyes are turned toward Harvard, Princeton and Yale Dartmouth and Brown were put out or the running Saturday. Carlisle and swarthmore are still undefeated, but their schedules are such that a clean slate even to the end of the season would hardly land them better ranking than second division. Yale is the only one Of this years big Three whose goal line has not yet been crossed, the only SCOT ing against the Blues being two field goals. The Yale defense has been rock ribbed, but the offensive has been gen- eraly regarded as disappointing. Some decisive developments in the coacnes have been reached. Harvard's showing against Brown Saturday sent the stock of the Cambridge team soaring. If the experts are correct in their prophecies that the brunt of the work of the big games will fall on the back field, liar ward should stand very high for It has an unparalleled trio in Briekey, Wen- dell and Hardwick. Princeton with 8 defense showing some weak spots has developed an attack with speed and enough drive to cause much worry at Yale and Harvard. The Tiger coaches have been hammering steadily from the start at offensive tactics more vigorous. Dartmouth riddled the Princeton line time and again and showed the coaches that a difficulty task is in store If the New Jersey team is to retain the grid iron supremacy which 1t last year won.
The Birmingham age-herald., 1912-10-29
H. FOGEL DENIES
 THE CHARGES OF
 PRESIDENT LYNCH
Denies Charges in Letter and Questions Leagues
 Right to Try Him

New York, October 2S.-A denial ot charges brought by the National league against Horace Fogol, president of the leagues Philadelphia club, in this city. on October r, are contained in letter received from Mr Fogel today by presi- dent Thomas ]. Lynch.
 Mir Fogel's letter expressed defiance of the right of the National league to try his case for alleged statements refleetfng upon National league baseball, according to Mr. Lynch, who said the text of MT. Fogels reply would not be made public until November 26, when the league will meet here to give the Philadelphia of- fioial a hearing.
 One of the charges brought against Fogel is that in an article published un- der his signature he stated that the Ma tional league race for 1912 was crooked and that President Lynch and certain the New York club and that further 1t was fixed" for the New York club to win the pennant. In his letter of reply today MT. Fogel denies he ever made such statement
 How does MT. Foge explain the fact that such statements appeared under his signature?" Mir. Lynch was asked
 --f1e does not attempt to explain that at all,' was the reply. He merely makes a general denial of that and the other charges and then declares the Ma tional league has no Jurisdiction in the matter of trying him for his alleged statements
The Birmingham age-herald., 1912-10-29
Fogel Denies Lynch's Charges ##
CLUBS SHOULD BE MANAGED
 FROM THE BENCH, SAYS CLARKE
Pittshurg oheftan Gives Reasons for SaemenSays Man. ager Gan Think Clearer and Act to Better Advantage
 When Not On Field
Fly FRED CLARKE Manager Pittsbure Basebail Team

and at the same time to discern the strongest points of his own players When he is not engaged in the game he Is also enabled to figure out the various plays to the greater advantage,
 Two ball teams in a game are like two armies on the field of battle. Beach side has adopted certain line of defense. It Is necessary to form an attack that will break that defense. and at the same time you must be prepared to put up defense that will prevent the opposing club from breaking your own method of attack Each manager, like the comma nding of ficer in a battle, uses a different system to provide the ways and means Of getting results
 No two ball players are alike. some are obedlent and will execute every or der exactly as it is given to them. Others require a certain amount of coaXins. Not a few Of them must be fairly pushed along and now and then one must actually be driven. Each man has Q different temper ament, and the manager cannot hope to meet with ultimate success unless he is able fully to understand all these mat ters. He must know exactly how to handle every player under his direction.
 These are the most important things that are to be worked out by the man who is placed at the head of baseball team and when manager is required to keep all these details in his mind and at the same time to play the game, he certainly is lessenlng the chances of his club.
 II stands to reason that the person who must think of two things at one time Is bound to be at a disadvantage with the man who is free to place all his thoughts upon the one subject. That Is the whole matter in a nutshell, and that is why l am thoroughly convinced that a bench manager has far more opportunity than the playing manager
 Many games have been lost by teams that would have been won If he had been able to see what was going on with out the necessity of concentrating his whole thought on a single play. This has often been pointed out, and 1t is true,
The Birmingham age-herald., 1912-10-29
POsT-sEAsON SPORT GOSSIP
Fly O. W. GREER

ealiarly to Rogers opinion of Mrs Britton, owner of the St. Louis National club, who h1s just busted the great catcher as man. ager of the Cardinals.
 
 Larry Doyle, Hal Chase, and other stars who are loath to forget that the baseball season is at an end, are having rather 8 hard time of 1t in New York just now. This "all star aggregation which mas been playing semi professional games on Sunday in Gotham are being arrested and fined with provoking regularity. JOG Tinker is another star who has recently suffered for over indulgence of pleasure. Joe could not resist the temptation 10 let. out his new car. and the contsequence Is that Joe parted with net sum of his we'll earned coin.
 More things happen during q world series than the applauding fans ever dream of. When Joe Wood was knocked out of the box in the seventh contest, fans cast about for an explanations Was he nervous? Had he broken before the strain of two successive victories? Was his arm sore? Many questions were asked, but few were answered. The fact ia, Smoky Joe" thinking that he was going to pitch the sixth game of the se- ries, advised his friends to stake their coin upon his success. AS Is known, 5tahl used - brlen, ana said U bflen was qulck- ly disposed of by the Giants. In tact, the New Workers had O'Brien so much eff of his balance that the twirler was guilty of balk. Just before the seventh game Wood made an uncompllmentary remark to O Brien regarding the person. aiity of q pitcher who would be guilty of such an indiscretion O'Brien couldn't agree. and nsteuff ensued. Wood went intO the game nervous and excited from the encounter, and consequently Wood vas easy sailing for tho Giants.
The Birmingham age-herald., 1912-10-29
IMPORTANT FOOTBALL GAMES
 IN SOUTH NEXT SATURDAY

game, however will be a good one. Tech has come strong since the opening of the season, and has shown real strength in the recent games. Auburn defeated one of the strongest teams in the south, when Agricultural and Mechanical of Missis- sppi went down before their attack Sat urday. The teams meet in Atlanta and the result will have an important bear ing upon the S. I. A. A. race.
 In Athens, Ga, the Sewanee Tigers lock horns with the Red and Black of Geor- gla. Thus far. Georgla's work this sea- son has been a keen disappointment. With almost the best material of any southern college on the Georgia campus, Cunnlnghams aggregation met an over- whelmng defeat at the hands of the eommodores, and barely defeated Ala bama, after being outplayed during the entire contest Sewanee is reported to have n strong team this season, but as yet they have not had an opportunity to show 1t. If they defeat Georgia, tho Tigers will be in q position to put up a hard fight for second place, and Georgia will drop down considerably in the south ern standing It is likely, however, that the Georgia crew has had some pretty stiff work since the Alabama game, and that they will put up the best work against Sewanee that they have done this season. It would not be so very sur prising to see them take the measure of the mountain lads.
 The game that Is attracting interest throughout the south at present is the Vanderbilt Virginia game, which takes place in Nashville Saturday. Both teams have prepared for the contest since the early season and both are in good condi- ton for the battle. Ii is probable that the Commodores will get away with tho victory, however. In fact 1t is hard to find anything as far south as Virginia that can mix things successfully with the Commodores.
The Birmingham age-herald., 1912-10-29
OWNERS DISCUSS
 SALARY LIMIT

Chicago, October 23.-Club owners of the American association met here yes- terday to discuss the salary limit of the association for next year. After five hour session behind closed doors it was announced that limit had been named and would be enforced, but the amount was not made known. It is said ss00O was the sum and it was understood that the owners would be satisfied with a monthly limit. This is $500 more than the fier named several years ago, but hicb suffered to become dead let ct nf lis numerous violations.
The Birmingham age-herald., 1912-10-29

l have been requested to state why I believe a baseball club eair be managed more advantageously from the bench ;han from the field. Before deciding to give up my playing position in left field and direct the game from back of the scenes l gave the matter long and se- rious consideration. After looking at the situation from every possible angle l became more than ever determined that the opportunities for bringing out the best results were far greater for the bench manager than for the field man ager. When you come to sift it right easily comprehended.
 Take the player who Is engaged in the game. He has about all he can do to think from the players standpoint and there is a great deal of quick thinking to be done by every man on the diamond during every minute the game is in pro- gress His eyes must be constantly open and his mind must be ready to grasp in stantly any situation that may suddenly develop. It is necessary for him to be pre- pared to do his particular part from the instant the ball leaves the hand of the pitcher.
 Thinking is one of the most important factors in baseball, and no matter how perfectly a man can handle the ball, he will never make a success in the game unless he Is a good thinker.
 Now, when man who Is engaged in the game must think for himself and fin addition to that must do the planning for all the rest Of the players, he is bur dened with handicap that Is certain to prevent him at many times from obtaining the best results
 The fellow who directs operations from the bench is free from this obstacle. He Is able to concentrate his mind on one thing He has far better opportunity to detect the weakness of the other team
The Birmingham age-herald., 1912-10-29

In Johnny Evers the Chicago National club succeeded in replacing Frank Chance with one of the brainest players in baseball Whether Evers' style of head work will prove efficient in producing 8 winning club is yet to be seen, but wnen it comes to goodly share of diamond gray matter, the Cub veteran ranks up With the best of the game. Moreover. he is 9 fighter. He Is one of those sort of players who never give up the game until the last man is out and there is no chance for his umps to change his decision. E,yers chief fault is beenng." So notice able is this habit with the Cub indelder that he has received the nickname of the Human Crab" But 1t will be remem- bered that Muggsy McGraw, probably the most successful manager in the game, is somewhat given to backtalk himself, and still manages to get away with a few games. Eyers says that he will make few changes in the Cub lineup next season, but that all of the boys must ride the water wagon.
 1yrus Raymond Cobb is again in the limelight According to reports from Phil aGelphia the Georgia peach" may retire from the national game next season and become q Wall street broker Cobb s contract with Detroit expired on the 18th Of this month, and it is reported that he wants the Detroit club to give him Il three year contract stipulating a yearly fork over of some $150oo. While the Georgia peach" is some ball player. he has reached his zenith and has no higher to go. If he goes any way 1t will Ee backwards. and the Detroit officials have noet yet been able to see him in his demand for $i5000 for three years. An agreement will probably be reached before spring however, and the Georgian will twirlers.
 Harking back to the proposition as to whether Montgomery will be found in tho Southern league circuit next season, Own CT Tillis of the Montgomery franchise comes out with the statement that he Is through with baseball and that he is only awaiting a good offer to dispose of his club. However, President Jones of the Montgomery association Is making ar rangements to attend all meetings of the Southern league officials, which will be held this winter, and Montgomery fans think that this action points to the fact that some arrangements are being made whereby the Bilikens will again be a Southern league club next season.
 Roger Bresnahan Is to appear in a vaudeville show this winter entitled "Just Like a Woman" The title applies pe-
The Birmingham age-herald., 1912-10-29

With last Saturdays contests, the southern championship football race reached it's heighth. The teams were in the stretch with six or eight champion ship contenders. The games Saturday eliminated half of the eontenders, and now only four remain to battle for the south's gridiron supremacy. These teams are Vanderbilt Auburn, sewanee and Georgia Tech.
 Next Saturday will see some of the most important struggles that will be waged in the south this season. Auburn meets Georgia Teach, and one of these teams must be eliminated from the race, In all probability it will be Tech. The
The Birmingham age-herald., 1912-10-29
ALL BUT HARVARD, PRINCETON
 AND YALE ARE ELIMINATED
POLICE STOP
 SUNDAY BALL
 IN NEW YORK

New York, October 2s.--Hal Chase Cy Seymour. Louis Drucke, Josh Devore. Nick Altrock, Fred Schaeffer, with eight other stars of the baseball diamond, were fined sS each today in police court for playing professional ball on Sunday. Tho ball players told the court they did not know they were violating the law. They were arrested while playing
The Birmingham age-herald., 1912-10-29
DULUTH'S FIRST
 WHITE CHILD DEAD

Duluth, Minn., October 2s.--Duluth's first white child is dead. aged 73 years, Eustice Lamb. He lived for q while at Fon Du Lac. He taught the In- dians to read. He has long been known as a guide of sportsmen and a friend be- tween Indian and the white game seekers.