davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. IA
William c. Little, Appellant,
john S. Liggett. Appellee
Appeal from Sedgwick County
First Division)
REVERSED
Syllabus BY the Court Mason, }.
1. Were agent employed to enect
a loan has diligently performed services
under the employment, but is prevented
from an attempt to complete the trans
action by the refusal of his employer to
accept the loan he is entitled to recover
the reasonable value of his services, even
if he has not carried the matter Tar
enough to have fully earned his COM
mission.
2 An agent employed "to procure a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 1859.
The State of Kansas, Appellee,
VS..
L. Jennings, Appellant
Appeal from Sedgwick County.
AFFIRMED.
Syllabus. BY the Court. Smith, ].
!. Where. in criminal action. wit
ness for the state has, on direct exami-
nation, testified to discriminating facts, it
is proper on cross examination, for the
purpose, in good faith, of testing his
memory and accuracy, to inquire If he
was not drunk at the time referred to.
?. If, however, the court, in such case,
sustains objection such cross eXami-
nation and tenders to the defendant per-
evidence for the state is closed, the error
is not prejudicial.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 1885.
o. L. Thisler, Appellee,
VS..
E. c. Little, Appellant.
Appeal from Dickinson County.
DISMISSED.
Syllabus. By the Court. West J..
L An appeal is perfected by proper
service of the notice and filing proof
thereof with the clerk of the trial court.
2. When the appellee and his attorney
of record reside in this state the service
must be made in the same manner as
service of summons unless service be
waived or acknowledged Mailing a
duplicate notice to the appellee and to his
attorney of record, and filing proof there
of are not sufficient.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
lSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
NU. IIJtI-
George A. Griggs, Appellee,



John F. Hanson, Appellant.
Appeal from Mcpherson County.
AFFIRMED.
Sylla bus. By the Court Burch. j.
The action in the district court was one
brought there by the defendants appeal
from the judgment of Justice of the
peace before whom the defendant ap-
peared and contested other than juriSdic-
tional matters. The case was one for the
recovery of money due on account for
goods sold and delivered, involved sum
less than 500 and did not involve the
state constitution or the constitution of
the United States. The district court
having rendered judgment against the de-
PENDANT by default he appealed to this
court and among others assigns as error
that he has been denied due course of
law and has been deprived of property,
without due process of law. Held:
1. This court has no jurisdiction to con-
slider any but the constitutional ques-
tons.
2 The civil code provides a procedure
which satisfies all the requirements or
due course and process of law in actions
of this kind and errors and irregularities
committed in the administration OF sucn
procedure by a district court having
jurisdiction of the parties and OF the SUP.
ject matter do not constitute denial or
due course or process OF law
g. An irregularity is the failure to Cd
serve that particular course OF proceed
ing which conformabe with the practice
of the court, ought to have been observed
in the case
a. The defendant challenges the pro-
ceedings on the following grounds:
(a) The judgment was rendered with
out notice to him of the time or tne near
ing while he was in custody under a
commitment for contempt Of the PROBATE
court and Notwithstanding he mao re-
ouested that such notice be given him.
OBJ The judgment was rendered not
withstanding his motion attacking the
notification of the plaintiff Dill OF par
ticuIars was pending and was not passed
on.
(c) The plaintiffs bill of particulars
was not properly verified and the Juoe-
ment was taken without proof.
I'D A motion to vacate the Juqsnleht
for the reasons stated was overruied;
Assuming this entire charge to be true
the course pursued was Irregular ana
erroneous only and the defendant was not
denied due course or process OF law
within the meaning of the state and led
eraI constitutions.
All the Justices concurr1ng.
A true copy -r>-u
Attest: D. A Y allen L = e..
TSeaI7 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1875.
Penalosa State Bank, Appellee,

0.
Penalosa State Bank, Appellee,
James F. Murray and G. NJ. Duckworth,
as Sheriff of Reno County, Kansas, APP
pellants.
Appeal from Reno County.
REVERSED.
Syllabus. BY the Court. Mason, ].
Where will contains a provision pur-
porting to devise real estate to several
persons, followed by a direction that it
be sold by the executor and that the pro-
ceeds be divided equally among them,
the right with respect to such property
acquired by one of them is subject to the
lien of judgment existing against him
at the time of the testator's death.
All of the Justices concurr1ng.
A true copy.
Attest:
[Seal D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1926.
Minnie Pottorff, Appellant,

/
The Fidelity Coal Mining Company and
William H. Barrett, Appellees.
Appeal from Cherokee County.
REVERSED.
SyIla bus. By the Court. Benson ].
1. When a person let's out work to an
other, the contractee reserving no control
over the work or workmen, the relation
of contractor and contractee exists, and
not that of master and servant and the
contra ctee is not liable for the negligent
or improper execution of the work by the
&C contractor
g An independent contractor generally
is one who. exercising an independent en-
ployment, contracts to do piece of work
according to his own methods and with
out being subject to control of his en-
ploye-, except as to the result of his
work.
BILE by retaining the right to direct and
control the time and manner or means
of executing the work, although he may
inspect and supervise it to the extent nee
essary to produce the result intended by
the contract without mourning such liabil-
ity.
4 A contract between the owner of q
coal mine and another party for its op-
Grafton, is examined and it is held that
tractor within the rules stated in the
above paragraphs.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL] Clerk Supreme Court.
J. K Bremyer, Appellant,
VS..
The School Association of the Swedish
Evangelical Mission Conference of the
State of Kansas. Appellee.
Appeal from Mcpherson County.
MODIFIED AND AFFIRMED.
SyIiabus BY the Court. Johnston C. J.
l. The passing of an executed deed into
the hands of a grantee named therein
does not constitute delivery where it Is
the understanding and intention that the
instrument shall not then become effective
as a conveyance.
. In a transfer of real property by
deed it is essential that grantor and
grantee shall understand that the con-
veyance is complete and that the title is
to pass in order to have the mere placing
of it in the hands of grantee, his at
torney, or agent, construed as a complete
delivery.
3. The evidence in the case is examined
and held to be sufficient to sustain the
finding of the trial court that there was
no delivery Of the deed in question.
4. Where, by the terms of fire in
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1751S.
Ruth Nolte, Appellee,

No. 1751S.
Ruth Nolte, Appellee,
VS..
The Kansas City Long Distance Tele-
phone Company, A Corporation, APP
pellant.
Appeal from Montgomery County.
AFFIRMED.
Syllabus BY the Court Smith J.
Under the facts found upon the trial of
this action in nlandamus, it was not error
for the court to render judgment against
the appellant for damages and costs; the
damages being the sum reasonably ex-
pected by appellee as attorneys fees for
the prosecution of the action
All the Justices concurring.
true copy.
Attest: D. A VALENTINE
LSeal.] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

The psychological moment counts for
much That's right. Almost any town
could be voted dry along about January
1."-LouiSville COurier-Journal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1850.
W. J. Grist, Appellee,

No. 1850.
W. J. Grist, Appellee,
VS..
Charles E. Sutton, Appellant
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. West, J.
A judgment supported by a verdict re
turned by jury after determining a dis
puted question of fact upon competent,
material and conflicting evidence will not
be disturbed.
All the justices concurring.
A true copy.
Attest. D. A. VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

ct can trace my descent for 500 years -
"Sure enough?'' Yes How far can you
trace your DESCENT Not very far But
] never claimed to have descended so far
you-'-Houston Post.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

MERCHANTS Transfer Co." offers
Reward for piano cover and straps
which "strayed'' from their van. Phone
1S6.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

LOST-Ladies' gold watch with fob hun
ter case, Elgin movement. Reward. $50
Polk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
WANTED SITUATIONS.
TOO LATE TO CLASSIFY.
LOST And FOUND.

LOST-Sman open face gold Swiss watch
with long chain. Liberal reward for
return to Mrs. Josephine Webb, National
hotel.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

. UNFURNISHED front rooms 3Os Kan
sas ave. Gas, city water. Inquire 52s
Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR RENT front rooms. first floor.
with alcove, unfurnished, suitable for
light housekeeping. 709 West 9Th st. Ind
phone 1890.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FURNISHED ROOMS for Housekeeping
and sleeping rooms. 215 z. 9Th.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

6 ROOMS, entirely modern, 100 Western
ave Inquire gil West End st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
WANTED-FEMALE HELP.

WANTED-First class dressmaker to
work in shop out of city. Address E,
care Journal Give phone No
WANTED-Girls for house work; dining
room girls; white women cooks for Ari-
iona. EMPLOYMENT OFFICE, 81 KAN
Sas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR Rents room modern cottage near
Central Park Inquire Ind phone 1891
Black.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

DOUBLE HOUSE at 1913 Madison, and
rooms; no children. Call at 1921 Jack
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

91s KANSAS AVE. Room, furnished or
unfurnished. Call evenings.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR RENT-e13 Klein ave, seven rooms,
bath pantry and wash house.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR RENT-No. 1902 Kansas ave-, 3 room
cottage and cemtnted basement of 3
rooms with toilet and city water and gas,
$40 per month. We pay the water bills.
+ e. Shaffer, 113 East 9Th st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

I12S Polk. room house, gas, bath. barn
Ind. 16,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
BUSINESS CHANCES.

SMALL BARBER shop, good location,
good trade. Inquire Az East Gordon st
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
FOR SALE-HORSES. COWS.

FOR SALE-15 head of high grade 2-year-
old Holstein heifers, heavy springers.
F. B. Croker. Phones Bell 3s43-R. 8. Ind.
27S0-P- l.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

WILL TRADE clear western Kansas
land for first class home in Topeka.
Must be close in. VIII assume small IN
cumbrance. s. care Journal
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR RENT-Two houses, 335 Tyler, and
61O West 4th. Possession at once, SIS 90
each. Call Ind. 2447 White, evenings; day,
3031.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
CEMENT WORK.

IF YOU DON'T GET US to lay your walk
or cement your cellar, we will both lose
money. The name of Crouch on your
walk is a guarantee. Ind. phone 2681-2.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

GALLON COW. just fresh; big black
horse 2601 Black.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

PAIR young sound Percheron mares,
weight $500. Phone Bel 2620.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 1864.
W. J. Kelchner, Appellee,
VS..
The City of Kansas City, Kansas, APP
pellant
Appeal from Wyandotte County
AFFIRMED.
Syllabus. BY the Court. Benson. j.
1. An undertaking on appeal from pro-
ceedings to appropriate land for park
purposes, running to the park board in
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

1906 POLK, or modern furnished
housekeeping rooms. Bell 1893.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
FOR SALE-REAL ESTATE.
AN EXTRA BARGAIN
FOR SALE By OWNER

Five room modern cottage. Hale Ritchie,
lis Madison st. Ind. IT'S.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR SALE-White Leghorn eggs for set
ting Ind. PIP Blue.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR SALE-Alfalfa and prairie hav al
Wilkerson's Feed Yard. Ind. 65S
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

PAIR young sound Percheron mares,
weight 26o0. Phone Bell 2620.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR SALES dairy COWS, Is Shorthorns,
Jerseys, also Is head Holstein heifers,
coming fresh soon. 1719 Van Buren,.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1879.

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR SALE-Rooming house; close in.
full year round; big bargain. Address
Bargain, Journal
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
FOR SALE-MISCELLANEOUS.

FOR SALE-WindowS and doors belong
ing to the four one story buildings lust
south Of the State Journal Please apply
at once to Henry Bennett. 1173 Clay st.
FOR SALE-Oak library table BRUSSELS
rug 9xl2; collapsible baby buggy. Ind.
1868 Red. 2O44 West St
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR sALE-Good milk cow. Ind. 171O-2.
FOR SALE-7-year-old mare. weight
about 100, city broke, well bred Ind.
2447 White, or 3031.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No 114as

D. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

d. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
announcements.

j. H. RINEHART. NJ. D.. candidate for
coroner, Shawnee Co, subject to pri-
marieS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR RENT-3 pleasant unfurnts hec
rooms. 1921 Jackson st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1871

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

FOR SALE-New motorcycle, cost $3.50.
will consider exchange for horse and
buggy. Ind. S031 or 2447 White.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1912-05-23
Notice Of Completion Of Street Improve.
mentS,

Notice is hereby given that the Transfer &
Livery Co, contractors, have fled written no
tlce this 2lst day of May, 1912, of the compile.
tion of Cascade Avenue by grading the road
way from curb line to curb line in front of
Blocks 10 and IL of Second Addition West;
Books Is and 10 of Hood River Proper and
Blocks ? and 3 of Waucoma Addition, under
their contract with the city heretofore
made and entered into and under Ordinance
No 3i2 and that the amount due said con-
tractors for said Improvement upon its ac-
ceptanct is hereby stated to be S77l07
And notice is further given that any objec-
tions To the acceptance of said work under
the contract with The said contractors on the
part of said city may be led in the Office OF
the undersigned City Recorder by any inter
ested party at any time within seven days
FROM the date of filing said notice. to wit,
within seven days from the 2lst day of
May, 1912.
This notice is published In the Hood River
Glacier for two consecutive issues thereof the
date of the first publication thereof being the
23rd day of May, 1912
Ii. l.. HOWE,
m2Sm3O City Recorder.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1912-05-23
Notice Of Completion Of Street Improve
mentS.

Notice is hereby given that Charles W. Con-
nor X Son, contractors have filed written no.
tice this 2lst day of May, 1912, OF the compile
ton of Seventh Street in front of Block OF
Waucoma Park and Block 35 of Hood River
Proper by laying cement curbs and walks,
under their contract with the city heretofore
made and entered into under ordinance No.
326, and that the amount due for said i'm
prOvement upon Its acceptance is hereby
stated to be Sl2600
And notice is further given that any objec-
tions TO the acceptance of said work under
the contract with the said contractors on the
part of said city may be lied In the Office of
the undersigned City Recorder by any inter
ested party at any time within ven days
from the date of filing said notice, to wit
within seven days from the 2lst day of
May, 1912
Fhis notice is published In the Hood River
GlacieIsfor two consecutive issues thereof, the
date of the first publication thc reof being the
23rd day of May, 1912.
II. H. HOWE,
m23m30 City Recorder
The Hood River glacier. (Hood River, Or.) 1889-1933, 1912-05-23

derful-but he politely reserved and
maintained the opinion that he had
seen lust as rugged. just as beautiful
sights 10 Switzerland. But when the
top was reached, when be looked out
across the wonderful panorama Of cit
les. rivers, valleys, plains, hills. noun
tain ranges and mountain peaks some
Of them three hundred miles away-he
was silent and awe stricken. He con-
fessed that no view in Switzerland
could equal it,
Likewise, an army officer, discharged
from the service with the best wishes
of a group of surgeons who, after a
The Hood River glacier. (Hood River, Or.) 1889-1933, 1912-05-23
Notice of Completion Of Street Improve.
ment.

Notice is hereby gwen that Chas. W. Connor
y Son, contractors, have filed written no
tice this 2lst day of May, 1912, of the COM
pletion OF MOntello Avenue In front of Blocks
81, "a and 20 of Hood River Proper, and Blocks
and of Park Addition, and Block of Wau.
coma Park, by laying cement curbs and
walks. under their contract with the City
heretofore made and entered INTO under Ordi-
nance No, 326 and that the amount due said
contractor for said improvement upon its
acceptance is hereby stated to be SlSS9 93.
And notice is further given that any objec-
tlons to the acceptance of said work under
the contract with the said contractor on the
part of said City may be filed In the Office OF
the undersigned City Recorder by any inter-
ested party at any time within seven days
from the date OF filing said notice, to-wit
within seven days from the 2ist day OF
May, 1912
This notice is published in the Hood River
Glacier for two consecutive issues thereof, the
date of the first publication thereof being the
23d day of MAY, 1912
Ii. L. HOWE,
m23m City Recorder
The Hood River glacier. (Hood River, Or.) 1889-1933, 1912-05-23

numerous operations, told him that the
months of bis life were numbered on
their fingers, Colonel w. F. Tucker
travelled over the world and throu gh
the United States, lured here an d
there, hoping yet fearing. At last he
approached Mount Hood. via the Hood
River valley. And there he lives to-
day-in a roomy log cabin:at the edge
of his cleared orchard tract, where the
white sides and the storm beaten pin
nacles and the fresh cool breath of old
Mount Hood have given him a new
life-grip and remade him into vigor-
Gus man.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1912-05-23
THE N0TORIST AND
THE MOUNTAIN

The following is an interesting story
written by Randall II. Howard, Of
Mount Hood and how the people of ad-
joining counties are planning on max
ing il more and more accessible each
year by constructing roads to its base.
Mr.. Howard spent several days here
last summer securing data for the
story for Sunset Magazine, in the May
issue of which it appeared.
The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1912-09-25
WISCONSIN FARMER BOY
WHO DISCOVERS COMETS

In an article in the October Wo-
mans Home Companion appears
the following:
"A young farmer boy in Wiscon-
sin was so interested in astronomy
that he built telescope himself.
ground the lenses himself, and
turned out a really serviceable in
strument. Not so very far from
where this boy lives is the greatest
telescope in the world, but every
once in a while this country lad,
with his crude, homemade tele-
scope, discovers a comet before his
neighboring astronomers do. Com
cts are usually named for the man
who discovers them, and so young
John Mellish has a number of COM
cts to his credit in the records of
astronomy"
The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1912-09-25

england township idea, and has,
therefore, a college for almost ev-
cry county.
The situation then, Is this: But
one real teacher, who chose teach
ing as a profession, has been elect
ed President of the United States,
and of the 4S3. members of the
present Congress but one is a teach
err.
Now, If Mr.. Wilson had spent all
those long years in a very gentle
way teaching ceramics or phonetics.
or German or pedagogy, and had
never written anything, no man
in his right mind would pretend for
a minute that he should be elected
President. 1t is the enviable char
acter of the man, combined with
the things that he taught, and the
way in which he taught them, plus
a long series of excellent books
written by him on subjects with
which every President should be
that make him in every
way eminently eligible for the Pres
Idency.
AS to his Presidency OF Prince
on, suffice it to say that by means
If intelligent determination, and
With the help of faculty, the ma
ority of whom believed in him, he
transformed Princeton from what
Z was into an institution OF sound
earning and waterproof culture.
And he was the first layman ever
,'ected TO the position. Professor
# American history, economics and
and member of
he Presbyterian Church, hence
earned in affairs of State and be-
lever in the church, he became the
cad of the university New
'ork Times.