davidaulloa/AmericanStories huggingface dataset:
Holbrook argus., 1912-02-27
Stock Market

Kansas City Stock Yards, Feb. 19 19- 12, After Tuesday of last week, on which day cattle sold a little lower, prices strengthened, and the close of the week was little higher on every thing in the killing line except bulls and calves Bulls dropped. down 25 to 50 cents and veals quit quarter lower Stock and feeding cattle lost some of their edge early in the week, and close ed 15 to 25 lower for the week To-day looks to be the low day this week, as the situation is burdened by the ad- verse influence of too many cattle at chicago. the run here being of moder- ate proportions, 10000 head. Prices are steady to 10 tower on all kinds to-day, except calves, which are quarter lower tops $7 25. Bert steers brought $500 10 day, and IL lsnoL believed that the eigh, dollar mark will disappear from the price list for some months ahead. Bulk Uf steers bling $6 25 10 $7 25. Htav! COWS Urlne up U $ 75, and ,op heIter aiounu $6 p, Uulls $3.75 10 $5.25 OnIy 12 cars of quarantine cattle Came in to- day, small receipts for Monday, and the mai keJ on them Is steady, sales at $ 50 to $605 for steers. The top steers brought the same money to-day as thelI mates, fIom he some teed 10 !, brought week aeU to-day, CoIurad, steers from the Arkansas Valley nave sUid ai 50 5U to $.25 Hi tho last Wetk k. otock steers are being shipped from Ch.cago to kansas olty every week now because ot the betie CT ouIlet for them nere, nearer the grass country. Twenty five cars of them are here to-day !. al $4.5O to $5.50. Best native stockers bring 5000. and feeders $5 .50 to $6.6O.
 There was no appreclable net change Ill hog prices last week, on the average though prices were uneven. Receipts are increasing in the last ten days. Prices are lower to-day because oi outside influences, rather than on ac- count or there OeIng too many here Supply here to-day Is 12,000 head, ill ciuding 3U00 head direct to Cudaby, from Omaha. Nebraska raised a big crop of corn last season, and Omaha has been getting heavy run of hogs for the last few months. The short number al Kansas City keeps prices here the, highest on the river, top today $6.22H bulk $5 s5 to $6.2O.
 Sheep and lambs revived a little at the close last week. but they are ten lower to-day. Run to-day is lS,OOO head, and lambs sold up to $6 25, middle class ambs around 5000, which is about on level with the low time last week. Yearlings bring SAYS to $50. wethers $400 to $4 SO, ewes $3.25 to $39O colo rado feeders are discouraged at the tr end of the market, and shiI ments from there are moving at good rate already, month ahead of time Feed ing bring $5,25.
 J. A. Rickart,
 Market Correspondent.
Holbrook argus., 1912-02-27

tor charity, or do you advsT. tise for direct resultsa
 Did you ever stop to think how your advertising can bs made a source of profit to you, and how it's value can bs measured in dollars and cents. If you have not, you are throwing money away.
 Advertising is a modern business necessity, but must be conducted on business principles. If you are not satisfied with your advertising you should set aside certain amount of money to be spent
Holbrook argus., 1912-02-27
Enlarging Your Business

annually, and then carefully note the effect it has in in. ereasing your volume of busi- ness; whether a 10, 70 or 30 per cent increase. If you watch this gain from year to you will become intensely ;n- terested in your advertising, and how you can make it en- large your business.
 If you try this method we believe you will not want to let single issue of this paper go to press without something from your store.
 We will be pleased to havs you call on us, and we will take pleasure in explaining our annual con tract for 90 many inches, and how it can be ased in whatever amount that seems necessary to you.
 If you can sell goods over the counter we can also shov you why this paper will best serve your interests when you want to reach the people ef this community.
Holbrook argus., 1912-02-27

If you are in business and you want to make more money you will read every word we have te say. Are you spending your money for ad- vertising in hap hazard :fashion as if intended
Holbrook argus., 1912-02-27
Are Ever A. War

There are two things every lastingly at War, joy and piles. But Bucklen's Arnica Salve will banish piles in any form. It soon subdues the itshing,. irritation, inflammation or swelling. Itgayes comfort, invites joy. Greatest healer of burns, boils, ulcers. cuts, bruces, eczema, scalds pim- pies, skin eruplions. Only 25 Cts at all druggists. *
 There is no better medicine made for colds thln Cham yer lain's Cough Remed.. It acts on natures plan. relieves. tn lungs. ''pcn~ lhc >ctetion ., aids exp, Ct- oration; and restores the system to healthy condition. For sale by all dealers. f
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
No. 17,777.
o. B. Manross, Appellee,


The Uncle Sam Oil CO. ct al, Appellants
appeal from Wyandotte Common Pleas.
REVERSED.
Syllabus. By the Court. Porter T.
L. The general manager of an oil com
pany has implied authority to bind the
company by a contract for the employ
ment of a superintendent of refineries for
one year and to fix the compensation of
such employee. -
2 The effect of the presumption of law
respecting the power of the general man
ager to enter into such contract on behalf
OF the corporation is to cast upon the cor
poration the burden of proving the con-
trary, that is, his lack of authority in the
premises and that the person seeking to
bind the corporation had knowledge OF
the restrictions.
8. Certain provisions of the charter
and bylaws of corporation considered
and held not to constitute a Limitation
upon the implied powers of general
manager held out as possessing the usual
manager of such corporation would be
expected to exercise.
f. For the reasons suggested in the pre-
ceding paragraph it is held that the re-
fusa1 to admit in evidence the charter
and bylaws of the corporation, while
error, is not sufficient ground for re-
versal-
s. The appellee, claiming that he was
employed by the general manager of ap-
pellant as superintendent of refineries for
one yea= sued for salary claimed to DC
due for one month The appellant set IIp
as defense that it had discharged appellee
for incompetency disloyalty to the COM
pany and INSTRUMENTATION in refusing to
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
According to uncle Abner.

Miss Pansy Perkins has gone east to see
a beauty specialist 1t seems that Miss
Perkins was helping with the family
washing last Monday and being quite
nearsighted, stopped over to see if snc
was feeding a peek-a-boo shirtwaist
through the wringer properly. Her nose
was caught in the wringer and consider
ably flattened out before she stopped
turning the crank
Mr.. Ansel Hanks has bought a new
home and lot in the last year on his sal
airy of 5000 per week in the feed mill and
has paid cash. The board of trustees ~
the HardsheH church has asked him 70
relinquish his position, which is that OF
passing the collection plate. The board
passed a resolution praising Mr.. Hanks
integrity and regretting that his services
must be dispensed with on account of his
health. Hereafter Rev. Hudnutt will pass
the Mate himself.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
LEGAL.

protected by the statute of limitations.
2 Under the circumstances stated IN
the opinion a conclusion of law PLEADED
in the reply will be treated in review
of the case on appeal as a statement OF
fact.
g. A tax redemption notice relating to
several lots of the same owner which
states that unless all such lots be re-
deemed within the proper period each lot
will be conveyed to the purchaser Is IL
legal and invalidates tax deeds subse-
quently issued pursuant to 1t.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10

AN ORDINANCE vacatinS a certain alley
in the block bounded by Fifth street;
Market street, East Sixth avenue ana
Sxyvgart avenue, in The City of Topeka,
Shawnee County, Kansas. ~,
RE TT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE Cl1h of
TOPEKA: .,,
Section l. That the alley running north
and south from the north line OF East
SiXtb avenue to the south line of the
ai1aIr r1Innine east and west in the block
bonnded by Fifth street, Market street,
East sixth avenue and Swygart avenue IN
1Tte SItv of Topeka, Shawnee County,
Kanses he. and the same is, hereby va
Sec. 2. This ordinance snail take erect
and he in force from and after its puphca-
-, ~ tbe offfcfaI city paper.
Passed the Board Of Commissioners
December 9, 1912. 1910
1 SppII GU J. B. BILLIARD,
loeal'I Mayor.
Attest; c. B. BURGE, City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
LEGAL,
SUPREME COURT SYLLABI.
LEGAL
Published in The Topeka State Journal
December 10, 1921
No. ISL.
Edna Shepard, Appellee,

No. II, S51.
Edna Shepard, Appellee,
VS.
Charles E. Gibson, Appellant.
Appeal from Greeley County.
AFFIRMED.
Syllabus. BY the Court Johnston. c. }.
l. In the enactment of Chapter 232 OF
the Laws Of 1911 the legislature did not
intend to take from a mortgage any ex-
listing rights under the mortgage contract
nor to deprive him of a remedy to en-
force such rights but its purpose was To
give the owner of land on which there is d
mortgage that has long been in default
and cause of action thereon is barred
by lapse of time the right to bring an &C
ton and have the present condition or
status of the mortgage adjudicated an
the act, therefore, does not operate to
impair the obligation of the mortgage
contract.
All the Justices concurrtng.
A true copy.
Attest: d. A. VALENTINE,
CSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10

The question as to whether there IS
in existence a list of the contributors
to the national Republican campaign OF
1904 will be answered soon. The one
possibility that such a list will be dis
closed rests with Elmer Dover, former
secretary of the national COMMITTEES.
Dover has just reached Chicago. and
will search through the papers of the
national committee stored in thai citv.
Should he find the list of 1904 con-
tributors he will turn it over to the
senate committee investigating cam
paign contributors at Washington. This
document would be one Of the most i'm
portant that the committee could get
hold of in it's effort to determine who
furnished the funds for the election. Of
Theodore Roosevelt
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
No. 1888.
Sarah G.. Shattuck, Appellant,

Catherine Wolf. ct al. Appellees.
Appeal from Sedgwick County.
AFFIRMED.
SYLLABUS Ry the Court. Burch, J
l. AT the commencement of suit 10
foreclose a real estate mortgage the aS-
pelIant was Joined as a defendant. The
allegations of the petition were that sne
Rad or claimed to have some interest il
or lien upon the premises adverse to the
lien of the mortgage but that any interest
she might have was Junior. subordinate
and inferior to the mortgage lien The
prayer was the usual one in such cases
Afterwards the appellant took out tax
years old when pleaded in her answer
Held. the petition was continuing chal-
Ienge of the appellants claims upon the
property and that the tax deeds were not
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
No. 1888.
James Mcmillan, Appellant,

No. II S43.
James Mcmillan, Appellant,
VS..
Lewis v. Gardner, ct al, Appellees.
Appeal from Stevens County.
MODIFIED.
Syllabus. By the Court Porter j.
l. A mortgage on real estate was given
to secure two promissory notes, one 1r
1925, due in six months, and one for 81. It's.
due in three years; the second note was
for part of the consideration for the sale
of the real estate; the first note grew out
secured by a chattel mortgage. The real
estate mortgage contained a provision
that 'if said sum or sums OF money or
any part thereof or any interest thereon,
is not paid when the same is due-then
the whole of said sum sums and in
terest thereon shall become due. Held,
that the failure to pay the first note
when due accelerated the maturity of the
second, and that one who with notice of
the mortgage purchased the second note
after the maturity of the first was not a
holder in due course.
9 Where the holder in the situation
mentioned in the preceding paragraI Il
brings an action upon the second note the
makers may assert as a defense the
breach of a contract which furnished the
entered into between themselves and the
original payee by which the latter bound
himself to quiet the title to certain por-
lions Of the land conveyed to them.
3. In an action on a promissory note
brought by the payee or one who is not a
holder in due course partial failure OF
consideration may be shown under an an
swer which pleads a total failure of con-
sideration.
4. In such an action where the proof
shows that the loss occasioned by the
breach of the contract set up as defense
was less than the amount due on the note
the plaintiff in the action is entitled to re-
cover for any balance due thereon after
allowing credit for the amount of loss
shown, and it is error to render Judgment
against him as for a total failure of con-
sideration.
All the Justices concurring.
\ copy.
Attest: D. A. VALENTINE,
LSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
No. 1913.
W. B. Penrose, Appellee,


s. w. Cooper, Appellant.
Appeal from Sedgwick County.
On Re-Hearing.
REVERSED.
Syllabus. BY the Court Porter 7
l. Before filing an action in ejectment
plaintiff without actual notice of an un-
recorded deed inquired of the tenant on
the premises and learned the name of the
person to whom the tenant paid rent
Relying upon his knowledge that the same
person had acted as the attorney for the
record title-holder and had been until
a few days before renting the premises
as agent for the record owner he made no
further inquiry. 1t did not appear that
further inquiry of the tenant would have
disclosed the existence of the unrecorde ed
deed or the claim of the grantee therein
Upon these uncontroverted facts it be-
came a question of law whether he exer-
cised due diligence; and upon the facts
as stated it is held that he was not bound
to make further inquiry.
Burch, j., Smith, J., and West, J., con-
curing
Johnston, c. J., Mason, J., and Benson.
J., dissenting.
A Irue copy.
Attest: D. A VALENTINE
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
LEGAL,

obey the orders of the general manager
Held, that the court should have instruct
ed the jury that the general manager had
the power to discharge appellee for such
grounds and that if they believed from
the evidence that such grounds were true
and were the cause of his discharge he
would only be entitled to recover what
was due him up TO the time of such dis
charge.
Ali the Justices concurr1ng.
A true copy.
Attest:
[SeaL1 D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
EGAL.
First published in The Topeka State
Journal December 6, 1921

RESOLVED, That the Mayor and Board
Of Commissioners of the City of Topeka,
Kansas, deem it necessary for the best
interests of said city that Throop street,
from the west line of Buchanan street to
the east line of the alley running north
and south between Huntoon street and
Lincoln street, be graded, curbed with
twenty-six (26) feet wide with asphaltic
[Seall. w. G. TANDY.
Commissioner.
l. c. B. Burge, city clerk of the City of
the above and foregoing is true and
correct copy of the original resolution
now on r1le in my office; c,... c1o
RESOLVED, That the Mayor and Board
of Commissioners of the City of Topeka,
interests of said city that Lane street,
from the south line of Tenth avenue to
the south line of Eleventh street, be grad
ed, curbed with combined curb and gutter
and paved thirty (30) feet wide with
asphaltic concrete on a four CD inch con-
EseaiI. w. G. TANDY.
Commissioner.
l. C. B. Burge, city clerk of the City of
Topeka, Kansas, do hereby certify that
the above and foregoing is true and
correct copy of the original resolution
c. B. BURGE, City Clerk.
RESOLVED, That the Mayor and Board
of Commissioners of the city OF topeka,
Kansas deem it necessary for the best IN
terests of said city that College avenue,
from the south line of Tenth avenue TO
the south line of Munson avenue, be grao-
ed curbed with combined curb ana gut
ter and paved thirty 900 feet wide with
vitrified paving blocks on four "a men
concrete base with asphalt filler.
TSeaI1 w. G. TANDY-
Commissioner.
I, c. B. Burge. city clerk of the City OF
Topeka Kansas, do hereby certIy thaI
the above and foregoing is true ana
correct copy of the original resolution
now on file in my office.
c. B. BURGE, City Clerk.
RESOLVED That the Mayor and Board
of Commissioners of The City OF Topeka'
Kansas deem it necessary for the pest IN
terests of said city that Ninth street, from
the west line of Western avenue 10 the
east line of Buchanan street, be graded,
curbed with combined curb and gutter ana
paved thirty 800 feet wide with asphaIuc
concrete on four "a inch concrete base.
ISeall. w. u 1AN -.
7. g. B. Burge. city clerk of the City OF
Topeka Kansas. do hereby cert1y thaI
the above and foregoing is true and
correct copy of the original resolution
now on file in my office.
c. B. BURGE, City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
w A IN T S
AUD MISCELLANEOUS ADS

ADVERTISING RATES: The rate Tor
inserting Want Ads in The Topeka State
journal is one cent a word each insertion,
minimum 10 cents: by the week , cents
q word. minimum sc cents
OUT OF TOWN advertisements must be
accompanied with cash or check in rulI
payment for the same. Note the foreso-
ing instructions about counting the words
and the rates per word for The Topeka
state Journal
COUNT THE WORDS OF your AZ III
Guiding four words for State Journal al
dress when such address is used; count
each Initial letter and each number OF
combination of figures as one word
CLOSING HOUR. Want Ads. to be
classified properly in The Topeka State
Journal must be in The State Journa!
office before O'Clock. Want Ads received
after the noon hour will be inserted under
the heading "Too Late to Classify, or
next day desired.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
PATTERN WORKS,

MODELS, patterns, experimental work
wo0d turning and mission furniture A
A. Rulings 912 Jefferson. Phone BIT w
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10

No. is. 376.
The State ex rel John s. Dawson, Attor-
ney General, Plaintiff,
The City of Wichita, ct al, Defendants.
ORIGINAL PROCEEDINGS IN QUO
WARRANTO.
JUDGMENT FOR PLAINTIFF.
Syllabus. BY the Court. Porter, J.
I. Prior to 1880 a forty acre tract of
land lying wholly outside city was plat
ted as addition to the city. In 1891 the
plat was vacated by the board of county
commissioners. The land has ever since
been used one tract for farming pun
poses. All conveyances affecting 1t have
referred to it by its legal description.
Held, that since the vacation of the plat
it has been unplatted lands within the
meaning of section 1920 of the Gen. Stat
of 1909 which authorizes a city by ordi-
nance to extend its limits as to annex
adjoining territory
Q A tract of unplatted lands exceeding
twenty acres not lying wholly or NANNY
Witnin the limits of a city cannot be
added to or brought into the city by orGi-
nance passed under the provisions Of sec.
1920 Gen. Stat. 1909
3. An ordinance changing the limits OF
a city which fails to declare the entire
boundary of the city as changed In ac-
cordance with the requirement of sec. 1913
of the Gen Stat. of 1909 is invalid.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
ISeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
MACHINE SHOPS.

GUNS repaired and cleaned by experts.
H. B. Howard Supply Co.. 716 Kansas
ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
ORDINANCE NO. 4192.

Unpublished in The Topeka State Journa
December TO- 1921
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
No. 1866.

No. 1S,O56.
In re Ida Roden baugh and d. MCGOWAN,
Jr., Administrators of ]. Rodenbaugh,
Deceased, Appeal from Report of Har-
vey County Surveyor, Appellants,
VS..
A. L Egys Appellee.
Appeal from Harvey County.
AFFIRMED.
Syllabus BY theACourt Smith: J.
L In a survey, called for the specific
purpose of establishing the boundary line
between the northwest quarter and the
northeast quarter of a certain section, IT
is the duty of the county surveyor, and
of the court on appeal, to relocate the
line according to the statutory rules for
reproducing United States Government
surveys.
If the survey be called to determine
and permanently establish the corners and
boundaries of one more tracts of land
severally owned or occupied, then it is
the duty Of the county surveyor, and OF
the court on appeal, to observe the statu-
tory rules far applicable and also
to consider any other competent evidence
which may be produced.
All of the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
WANTED-FEMlLE HELP.

WANTED-Girl for house work; no wash
ing; good wages. 406 Madison.
WANTED-White girl to assist in care of
children. Phone 1896.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
UNDERTAKING.

l. n PENw ELL, funeral director and
anbaImer. T, b. Jones, Asst First class
service. 508-510 Quincy st IelePhohe LsA
Pbona 2s7. Day and Night
HAwLEY & STEELE,
,,,reral directors and embalmeTs. 11S East
9Th ave Mrs. Robt. Steele. assistant
AUTOMOBILES
EssENKAY is THE BEST SUBSTI-
TJTTE FOR WIND in your tires. II you
are tired of pumping wind in your tires
have them filled with Essenkay. No pune
lures. no blow-outs, no rim cuts Abso-
lutely guaranteed.
ELMORE AUTO co.
phone PTS. 515 Quincy St
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
WANTED SITUATIONS.

ANY KIND of work wanted by young
lady; wishes to go home nights. ID. F.,
care Journal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
No. 1889.
f. J. Blake, Appellant,

VS..
George Gunkey, Appellee.
Appeal from Smith County.
REVERSED.
Syllabu BY the Court. Benson, J.
If b. and G., who were severally en-
gagged in inducing people to purchase
Texas land, agree to divide commissions
received upon sales thereafter made by
either of them in the course of such busI-
ness and G. received commissions in consid-
Grafton of his having brought purchasers
to Texas agents who made sale and paid
over the commissions, B. is entitled to a
share of the commissions according to tire
agreement, without proving that the sale
was made through tn fundamentally of
either B. or G. as the primary and pro
curing cause.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
WANTED-FEMALE HELP,

WOMEN WANTED for government posi-
TONS 5000 month. Topeka examina-
tons soon Write Immediately for speci-
men questions Franklin Institute, Dept.
615 w. Rochester. N. Y.
WANTED-Experienc shirt finisher;
also experienced aSsorter and checker
for laundry. w. W., care Journal
WANTED-Girl for general housework
Must be good cook. No washing or
ironing. Good wages. Call phone 3945
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10

WANTED-Situation by young man, 10
years old; can give best of reference
2316 Blue.