davidaulloa/AmericanStories huggingface dataset:
Arizona republican., 1912-12-07
BANQUET PLAN
 fOR MONDAY
Ladies of the NJ. E. Church South Will Serve Ele- gant Repast to Men of Y. NJ. C. A. Who Are In tcrcSted in Work.

This is a little story about eating and it ought to interest everybody for almost everybody worth while is given more or less to eating, at times. The times in question are next Mon day night and every noon hour dur ing the ensuing five days. Incidentlly this story will introduce to the pub lie the part the women are going to play in he Y. NJ. C. X. money rais- ing campaign The women are be- coming very much interested in il even though they are not eligible to membership. There are some d woman can't do. even when she has the voting privilege and one of them is to become an active member of the Y. NJ c. A.
 But every person who is an act i've member had a woman for his mother and somehow mother never quite gets over looking out for the boys Most women believe the I. NJ. C. A. is a good thing for the boys and are willing o do whatever they can to help it along That is the reason they have consented to serve the meals for the workers next week. The first call of the dinner horn wiH be Monday evening, the occasion Of the banquet. There will be no browsing at nOOntime that day un- less the workers drop. in at the reg ular food emporiumS or go home for a bite, and many and many of them having the banquet in mind will want to abstain from food a few hours in order to do ample justice to the big supper.
 This supper will be served by the women of the NJ. l. church, south and their reputation for cookery in sures something fine on Monady night. All during the week the ''Y'' win be headquarters for the workers and they are all expected to report there during the noon hour to eX- change notes and felicitations, and all SD to have luncheon. These lun- cons will be served by the women of the various churches in succession proper announcement being made in advance.
 A little further information about the banquet Monday night is in order About roo invitations have been sent out and responses are already com ing in Emphasis is laid on the fact that invitations were merely sent to those whose names and addresses could easily be secured. Everybody else will not only be welcomed but is urged to come, no invitation is needed The man with card is nc better than the man without it ant
Arizona republican., 1912-12-07

the presence of all is desired. The only thing requested, outside of the 75c is notice from the prospective
 est that he will he there when the time comes. It would be rather em barrassing even for so good a cook as Methodist to be confronted at the last moment by two or three thousand people and nothing on hand to feed them with. It is hoped there fore that by this evening or early Monday morning the Y. NJ. C. A. will receive at least another thous- and acceptances of it's invitation to dinner. thus extended through the newspapers.
Arizona republican., 1912-12-07
MEMORIAL ID LATE
 COl. ]. \. CREIGHTON
J. w. Owen Post Adopts Resolution of Respect for Deceased
 Comrade

At the annual meeting of J. w. owen Post. No. ,. c. A. R. on We'd nesday afternoon the following mem orial of respect for the late Colonel James H. Creighton, was unanimous ly adopted.
 In Memory of Colonel Creighton
 A memorial of respect to our late Comrade, James H. Creighton of J. w. Owen Post, No ,, c. A. R., unan- imously adopted by the Post Wednes- ncsday the 4th of December, 1912.
 Comrade entered the service of his country May 11th, 1861, as a private in Company A, 18th o. V. 1.
 August 11th, 1862, he was made a lieutenant in the 18th Iowa Vol. h. fantry. In December, 1864, he was
Arizona republican., 1912-12-07
GOVERNOR HUNT GOES
 VISITING AT GLOBE

Governor Hunt left yesterday for Globe on business but will go by way of Benson, where he wants to look into the condition of the In dustrial school there. Recently new superintendent has taken hold of the situation and the Governor is de- sirous of seeing that all things are being done decently and in order.
 From Benson he will proceed by rail to Globe where he will spend a few days on business returning to Phoenix about the middle of next week.
Arizona republican., 1912-12-07
LAUNDRY TAKES
 THREE IN ROW
Phoenix Takes It from Ari-
 zona i'll Bowling Contest
 That Features Close
 Scores; Monday Night, Hanny's and Speed-boys.

Despite the fact the game went two out of three. the laundry took three straight. This is inter csting ana true. Bat one must not be particular which laundry is meant The Phoenix beat the Ari zona the first two games by margins of two and four pegs. The last game went the other way by seven pins
Arizona republican., 1912-12-07

made lieutenant colonel of the 46th Missouri Vol. Infantry In all his re- lations as soldier honoring the flag of h sicountry He died in Phoenix. October 17th, 1912. We mourn his loss
 Before the war he graduated from Mount Union college and studied law. After the war he entered on the practice of his profession. attaining prominence therein at Springfield, Mo, and later at Indianola, Iowa.
 ARCHIBALD J. SAMPSON,
 P. P PARKER,
 R. H. GREENE
 On motion copies of the foregoing were ordered furnished the city press
Arizona republican., 1912-12-07
Phoenix Laundry.
Arizona Laundry.

Total TAO i5l 6- Monday: Hanny's and Chalmers.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. 1859

NO Ii, bio.
John F. Tinker, Appellee,
The Union Pacific Railroad Company,
Appellant.
Appeal from Lincoln County.
REVERSED.
Syllabus. BY the Court Porter. J.
l. Procuring a favorable decision of a
motion for judgment on the special find
ings Notwithstanding the general verdi It
never operates a waiver of a motion
for a new trial SO long the decision of
the former motion is subject to review.
2 The trial court sustained the de-
PENDANTS motion for judgment the
special verdict. No action was taken on
the motion for a new trial. The plaintiff
appealed and the decision was reversed.
Held, that the defendant was entitled to
a ruling upon the motion for a new triai.
Notwithstanding the mandate directed
that judgment be rendered for the plain
tiff the general verdict.
3. One of the grounds of the motion for a
new trial was that the verdict was not
sustained by the evidence. The judge
who tried the case having resigned, the
motion came on for hearing before his
successor; held, that it was error not to
grant new trial.
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
D. A. VALENTINE,
Clerk Supreme Court.
No. 17,417.
No. 17,41s.
William T. Sinclair, Appellant,

No. 17,417.
No. 1741S.
William T. Sinclair, Appellant,
VS..
Joseph J. Eddy, as Treasurer of Douglas
County, Kansas; The Board of County
Commissioners of Douglas County, Kan
sas; Albert Walters, Gus H. Bruno and
J. c. Walton, Commissioners Of
Douglas County, Kansas, Appellees.
Appeal from Douglas County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
1. Where a board of county commits
sioners adopts a resolution providing that
if within fixed period the supreme court
shall decide certain taxes to be illegal, all
payments of similar taxes shall be re-
funded, the statute of limitations upon
claimsTfor the recovery of such payments
is not thereby suspended, after the period
named has elapsed without such decision
having been rendered.
2. An allegation in a petition that after
the adoption of such resolution, and at
the time of the commencement of an ac-
ton involving the controverted question
of law, the board of commissioners again
announced and agreed that If such action
should be decided against the county, the
illegal taxes collected should be refunded,
will be interpreted to mean that the orig
inal agreement was confirmed, not that
a new one was made.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. 1854.
Harvey ]. Harms, Appellee,


The A. T. & S. F. Rly. Co.. Appellant
| Appeal from Harvey County.
AFFIRMED.
Syllabus BY the Court. Porter, J.
l. A rule of a railway company requiT-
ing all brakemen to inspect carefully at
every stop the coupling apparatus and 9TH
er appliances and to report to the con-
ductor anything found out of order is sub
iect to a reasonable Interpretation, meas
IIred in degree by the opportunity to ex-
anime and the character of the existing
defect.
. Where such a rule is in force and
brakeman is injured by a defect in an ap-
pliance of which he is ignorant, but which
he might have discovered by inspection,
the question of his contTfbutory negH-
mine taking into consideration the rule
and the circumstances shown by the evil
dence-
3. Under the facts in this case the de-
PENDANT could not, by adopting such
rule thereby relieve itself from Liability
for a failure to furnish plaintiff with rea-
sonably safe appliances, the jury having
found upon sufficient evidence that 1t was
not practicable for plaintiff by inspection
to discover the defect.
A. The evidence is held sufficient 20
warrant a finding that plaintiff was not
guilty of contributory negligence
8. The plaintiff is held not to have as
sllned the risk of injury from a defect IN
a coupling and draw-bar of which he was
ignorant and which he had no reason
able opportunity to discovery by Inspection
All the Justices concurrlng.
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. 1S.O65.

NO. 1905.
The Kaw Valley Drainage District of
Wyandotte County, Kansas. Plaintiff.
Kansas City Terminal Railway Company,
Defendant
No. 1904.
The Kaw Valley Drainage District of
Wyandotte County, Kansas, Plaintiff.
The Kansas City Southern Railway Com
pany, Defendant.
Original Proceedings in Mandamus
WRITS GRANTED.
Syllabus. By the Court West J.
L The Kaw Valley Drainage District in
Its work of clearing the channel of the
Kansas River at and near its mouth and
in prescribing the height of bridges over
such stream is exercising the police power
of the state, and has the right to REQUIRE
railroad companies to elevate their bridges
TO correspond with the height of levees
constructed by the board, its determine
ton that such elevation is necessary be-
ing prima facie bona fide and valid
2. It is no defense to an action to COM
pei such elevation that such requirement
would entail upon the railroad companies
large expense or force them into contro-
versies with the city and other railroad
companies respecting the raising of grades
made necessary by such elevation. Their
rights and franchises must be deemed to
be held subject to the necessity of COM
plying with all reasonable requirements
which the legislature may make or au-
thorize in the exercise of the police power
of the state.
Of the consequent expense and difficulty
amount to a violation of the contract
commerce, due process or equal protection
clause of the federal constitution.
4. The plaintiff board, having no power
to abrogate its authority by contract, is
not bound to refrain from requiring such
elevation by reason OF an agreement in
1907 to treat a certain bridge of lower ele-
walton as lawful and sufficient: the party
thus contracting with the board being re-
ouired to know that such contract, If con-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
E:GAL-

terest of the condemning company. the
Judgment of the district court, affirmed
by this court, establishing the award
against the condemning company is con-
elusive upon its successor as to the right
or the parties recovering the Judgment to
do so.
2 The statute of limitations did not be-
gin to run against the suit to recover the
award from the successor of the con-
demntng company until the judgment
establishing the award became final.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
d. A. VALENTINE,
Clerk Supreme Court.
No. 1880.

No. II, $50.
Thomas A. Pollock, Appellee,
VS..
The City of Kansas City, Kansas, ct al.
Appellants.
Appeal from Wyandotte County.
District Court, First Division.
REVERSED.
Syllabus. BY the Court. West, j.
Under section 265 of the Civil Code
a property owner not affected by the spec
ial assessments for street paving but
whose burdens as a tax payer will be in
creased by reason of paving the intersec-
lions may maintain a suit to enjoin the
city from proceeding to let an unauthor-
lied contract for pavement.
2. Under section 1909, General Statutes
1909 a paving petition which used words
designating one specific kind of material
patented and controlled by only one COM
pany, and furnished to bidders at only
one price, in effect named the brand of
material to be used and was void.
g. The Legislature had the power to
validate petitions of this kind already on
file and by Chapter 81, Laws of 1911 did
validate the one in question.
Johnston, G. j., Burch, j., Mason, j., and
Porter, J., concurring.
West. J., Smith, J.. and Benson, j., dis
senting.
A true copy.
Attest:
ISeal1 D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14

No. 17,624.
Woods County Union Bank Appellant,
VS..
Howard Shore and e. Shore, Appellees.
Appeal from Barber County.
AFFIRMED.
syllabus. By the Court. West, j.
L. A lawyer familiar with the statutes
and decisions of another state is COM
petent to testify to whether a chattel
mortgage witnessed in a certain way is
void under the law of such state, and
the fact that he was permitted over OBJ
lection to state what the statute itself was,
even If erroneous (Which is not dectded)
was not materially. prejudicial.
2. A defendant in repleyin may, under
a general denial, show any reason why
the plaintiff is not entitled to recover, and
for such purpose may prove that a chat
tel mortgage relied by the plaintiff
is void under the law of the state where
it was made, without pleading such law.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISea11 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
d. A. VALENTINE,
Clerk Supreme Court.

No. 1857.
Ruben Rochester and Nellie Rochester,
Appellees,
Wells, Fargo & Company Express, Ap-
pellant.
Appeal from Wyandotte County.
District Court
AFFIRMED.
Syllabus BY the Court. West, j.
1. Our statute (sec. 419 Civil Code) per-
mits the recovery of compensatory dam
ages only for death by wrongful act. Ger
tain sections of the Missouri statute per
NIT such recovery-also punitive damages,
but only when wanton negligence is al
legged and shown. A Missouri plaintiff
brought an action in Kansas based on
these sections of the Missouri Statute to
recover compensatory damages only
Held, that such action can be maintained.
2 The plaintiff by his pleading having
any claim for exemplary damages his &C
ton is substantially the same as one I'M
der our statute and it's maintenance mere
is not opposed to our laws or public policy
or to good morals or the interests OF our
citizens and upon the principles or comfy
should be permitted. 100.
g. Section AZ, chapter 1872, Laws of 1903
Civil Code Sec 4O merely prescr1oes
the persons who may sue, and does not
enlarge the cause Of action itself.
4. While the prayer is no part or the
petition and does not limit or measure the
right of recovery still it may be consld7
cred in determining the rel1er actually
sought by the pleader.
s. When by his pleading plaintiff in
dicates his intention to recover compensa-
tory damages only, the courts Will not
regard his action as one for punitive
damages also
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
TSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
D. A. VALENTINE,
Clerk Supreme Court.

No. 1882.
L he Atchison, Topeka & Santa Fee Rail
way Company, Appellant,
The city of Humboldt, in the County OF
by, as County Treasurer of the County
of Allen. State of Kansas, Appellees.
Appeal from Allen County.
REVERSED.
Syllabus. By the Court Johnston, C. ].
l. Where the officers of city of the
second class have made levy of ten
mills on the dollar for general revenue
purposes they can not levy an additional
tax to pay indebtedness incurred for the
Same purpose and payable out of the
same fund, although designated by an
other name and placed in a different
class.
?. Where an illegal tax is levied on tie
property of a tax payer, which he is com
PEELED to and does pay. 1T is to be re-
garded as an involuntary payment which
he may recover back, but If he pays the
whole of such tax prior to December 10th
in June of the following year, the al
vance payment made to obtain rebate
is deemed to be voluntary and is there
fore not recoverable.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeall Clerk Supreme Court
No. $40.
C. F. Burk, W. s. Williams, ct al, Ao-
pellants,
VS..
The Ottawa Gas and Electric Company, a
corporation ct al. Appellees.
Appeal from Franklin County.
REVERSED.
Syllabus. BY the Court. Smith J.
l. The capital stock of a corporation
was issued and subscribed in the ratio Of
three-tenths preferred stock to seven
tenths common stock and the bylaws,
adopted at the organization provided
cent per annum preferred. noncumulative
dividend. payable semi-annually on tee
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. 1852.
Frank p. Blair, Appellee,


G. Porter Craddock, Appellant.
Appeal from Morton County
REVERSED.
Syllabus. By the Court. Burch, j.
A tax deed holder in possession brought
suit to quiet his title While the action
was pending and before the tax deed was
five years of record the holder of the
patent title brought Independent ac-
ton of ejectment. After the tax deed
was five years of record the two actions
were consolidated. The holder of the
patent title took leave to file an answer
in lieu of his ejectment petition, in which
he abandoned his claim for affirmative
relief, contented himself with defending
against the proceeding to quiet title and
asked merely to be discharged with costs.
The tax deed holder then dismissed at his
own cost Immediately after the dis
missal the patent title holder was permit
ted to amend his answer by reasserting
his cause of action for ejectment, upon
which he recovered. Held, that the filing
of the amendment should not relate back
to the commencement of the action so as
to deprive the tax deed of the protection
of the five year statute of limitations;
and that with this restriction placed upon
the amendment the court did right in
allowing it to be filed Notwithstanding the
dismissal.
All the Justices concurring.
A true copy
Attest: d. A. VALENTINE,
tSeaL] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
LEGAL.

first days of July and January of each
year after January 1, 1906, out of the net
profits OF the preceding fiscal year and d
pro tanto dividend if such dividend shall
rail- short of six per cent; and the pre-
1erTed stock may be called in as a whole
or in pro rata installments at 1O1 and &C
crued dividend and cancelled at the OPP
ton OF the board of directors on three
months notice at any dividend paying
period after two years dividend has been
paid thereon. Held, % that such by
law constitutes a contract between the
preferred stockholders and the corpora
uon which a court of equity will enforce
when the specified conditions exist which
ent1tle the preferred stockholders to a
dividend and it is refused them; ~ the
gas within the city, including necessary
repairs, extensions, fixed charges taxes
and other necessary expenses, only, shall
be charged as expenses to be deducted
from the entire receipts from the business
to determine the net profits.
2 If net profits. as above defined had
1t was not within the discretion of the
board of directors to declare or not to
declare dividend on such preferred
stock. If the funds were available for the
purpose the preferred stockholders were
right.
such preferred stock is however subordi-
nate to the obligation of the corporation
to the public And if 1T was necessary to
use all of the earnings in the enlargement
OF the plant in order to fulfill such obliga-
ton the declaration of dividend was not
required.
Although the contract of the corpora
ton with the city requires 1t to extend its
service upon the application of five pa
irons, a duty to make an extension may
arise without the making of such appii-
cation.
Johnston, c.. J., Burch. J.. Mason, j..
Porter, j., and Benson, J., concurring.
Smith, ]. and West, J.. dissenting from
Fourth paragraph of syllabus and CORE
spending portion of the opinion.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. 1S,016.
The State of Kansas, Appellee,

The State of Kansas, Appellee,
VS..
J. n. Peters, Appellant.
Appeal from Smith County.
AFFIRMED.
Syllabus. BY the Court. Benson, J.
i. The appellant protested to treat sick
and diseased people, maintained an office
for that purpose, and treated patients for
the cure and relief of bodily infirmities or
diseases, by examination of the person
and by rubbing the parts of the body
supposed to be affected, doing this as
business for fees charged therefor. 1t is
held that he is subject to the provisions
of the statute creating a board of medical
registration and examination and regulat-
ing the practice of medicine surgery and
osteopathy. Gen. Stat. 1909, secs. $685.
S093.)
3 The provision that nothing in the act
referred to shall be construed as interior
ing with religious beliefs in the treatment
of diseases does not exempt from its
operation one who practices in the man
ner and by the means stated in the pre-
ced1ng paragraph, although he believes
that the words of Jesus in regard to hear
Ing can be carried out; that from bible
study and supplemental study of psy-
chology and suggestive therapeutics he
can to some extent carry out such healing
practices; and that 1t is his duty to do so
All the Justices concurrIng.
A true copy.
Attest:
tSeal.1 D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
No. 1908.
Albert A Award, Appellant,

No. IL SOB.
Albert A Award, Appellant,
Anna Lobingier Appellee.
Appeal from Franklin County.
REVERSED.
! Syllabus. BY the Court. Mason, ].
Where the owner of real estate signed
and acknowledged deed, naming her
foster daughter as grantee. and retained
il in her own possession until her death,
delivery thereof did not result from the
fact that some two years after its execu-
ton she handed it to the grantee. request
ing her to read it, and received it back
saying that she desired to retain 1t that
she might occupy the property until her
death; nor is the situation materially al
tered by the fact that she spoke OF the
deed as belonging to the grantee, and told
other persons that she had decided the
property to her.
All the Justices concurring.
true CODY.
Attest: d. A. VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-14
LEGAL

the mandate to confirm was spread o.
record the eighteen months redemption
time had expired, and on motion of the
defendant a little over two months time
was fixed fer redemption. Held, that I'M
der section 500 of the Civil Code such y
der was within the power of the trial
court and in accordance with justice and
equity.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaLI Clerk Supreme Court