davidaulloa/AmericanStories huggingface dataset:
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

for Ike consideration troy should
90 destroyed
For tho lavish wnste OF public
funds. for the fraudulent disposition
of the peoples demand ana for their
contribution toward the division at the
people into classes. they should be De.
stroyed.
For the efforts 10 selzo FOR the ex-
ecutiye department powers righifully
belonging to the states, they should
be destroyed
"Ali destruction VIII be theirs this
very yenr. " we but DO our duty.
what ~ our duty9 TO think alike
MS So men ana measurosg Impossiblei
Even for our great party There Is
not reactiouary among us. All Dem-
ocrnts are prosgessives. But Il rs in
evitahly human that we shall not all
agree that Ia a single highway la
found the only road 10 progress or
each make the same man OF an our
worthy candidates hts first choice.
1T Is possible, however. ana Ii Is
out duty 90 put aside an selnshnoas. "a
consent cheerfully that the majority
shall speak for each of us, and so
march out OF this convention shoulder
TO shoulder, informing the praises Of
our chosen ieader--and that viii be
his duty. whichever the honorable and
able men now claiming our attention
be chosen
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

nte
tilsues
west
b. al
ltiIlf
Mon
rtRg
BE- pc
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25
PARKER CHOSEN
CcontInued from Page ons.)

every dollar which the tariff statutes
make pogdble.
"The average ~ duties under the
tariff Of 1888 was eight and one-haif
per cent Now the average Is fifty
per cent. IN 1S42 the average was
80 per cent. In lsA6 q was reduced
% IS per cent, which worked SO we'll
that a reduction 20 an average of 20
per cent followed In 1857.
Probably Il would never again
have been increased but for the war,
for tho census Of 1880 disclosed q
higher percentage of Increase Of the
national wealth during the preceding
ten yenrs than for any other decade
before or aimee. and the percentage
al increase la capital Invested ~
maRufaetnrlng MAS greater than aur-
ink any similar period IN our his
tory
"Protocted interests benefited by
awo increases during tho wnr, abs
first 10 an average of 80 - peg cent
the second % A per cene. That high
average then excused only hy the eN-
igencies Of the war. n exceeded now
as the average A. nearly so per cent
The Republican party thus has
gathered the machinery OF govern
ment 20 enrich the few az the ex-
pense OF the many. That increase 81
80 par cent In the average has taken
thousands Of millions from the gem
ernl public and devoted Il 70 the Gre
alton OF swollen fortunes.
"An awakening OF the people led
the Republican national convention
OF 1895 By It's platform 10 promise .
revision True Il did not in terms
promsse a revision OF the tariff down.
ward. but its assurance Of a revision
Of the tariff By n special session Of
congress 20 be- called immediately
after tAe inauguration of the new
president was intended TO hrld tbs
tariff reduction Republicans Ia line
while tho trick ii III phr.seolog,
was to be INSIDE clear 20 the tariff
beneficiaries.
I'm vain ala The people demand Of
congress the fulfiilment % the Re
publican pledge Tor the masters o
that partv--pfotected ilsterests--ln
sisted upon the pound Of flesh nom
mated in the contract. And wal
yielded. Congress passed aud IN
prealdont elgned the Payne-Aldrlel
tariff bill.
conc outcome 81 this breach @
faith was q Democrats house, which
has acted SO wisely ana c0urageouas
"a 10 arouse the enthusiasm % th
people and inspire the Demoeratt
party with juatifiabie hope Of earl
opportunity 80 render a public ser
vice sorely needed
Under sagaliou sand intrepi
Democratic leadership special bill
have been passed having for thei
purpose revision OF the tariff down
ward. ultimately 10 a revenue basis
These bills are known as free hA
cotton. Metals chemicals and eNciA'
The presidents use o. the veto powe
has postponed tho hour when ~
people shall enter into the enloymen
~ the relief proposed until after %
Inauguration of the next president.
Tine temporary failure owing
tho action OF the electorate Of Car
ada 81 the effort 70 effect reciprocii
with that country ~ regfcttablc. IN
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

TeethIng babies always have q hard
time OF Il when this process occurs
Ga hot weather. They not only have
20 contend with painful gums but the
stomach Is dis0rdered, bowels loose
and the body uncomfortable The
best help you can givc the little sur.
isrer 10 McGEE's BABY ELIXIR. II
cOrrects sour stomach copls and
quiets the bowels and helps digestion
Price Csc and soc per bottle. Sold
by all druggists.
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

Thtf1 ~ no rear head Bf any0na
being truubied with constipation.
Chamborlaan'B Tahiota win cause an
a9feeoblo movement uf the bowels
without any unpleasant grfect. Olvd
tnem sFieit Tor sale ~ all druEs
kiatet 49,, $3.50. -.
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

The periis Of trying to get rich
quick are still IN evidence.
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25
VIPIjaIIFnl

ers which contains much valuable
information, and many suggestions Of
helpful nature.
BRADFIELD REGULATOR CO.. AiIsaia. C.
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25
TOO LATE 10 CLASSIFY.

FOR RENT Four room cottage. two
screened sleeping porches. large
lot barn and chicken house; two
blocks from car line; furnished St5.
unfurnished sl2 Phone i3S3 j.
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

atoady
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

u spot
Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-25

|NUI
Sir
famous
night
ulcera-
under
llaWti,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
EGAl

son and others who worked the land The
mother died in 1909 and in 1910 the plaintiff
sued to set aside the deed for fraud and
to partition the land. The entry is termed
by the plaintiff presumption and by the
defendant a homestead and both claim
under the provisions of section 2291 of the
Revised Statutes of the United States AMI
both plead the statute of limitations.
completing the entry after the death CT
her husband became entitled to a patent
and the absolute ownership of the land.
>. Assuming that the entry was In TACT
made under the act of Congress OF August
IL, 1876 C9 Stat at Large I'D providing
Usage ceded land at S1.Z5 per acre, and as
Stunning, without deciding, that upon COM
pleGon of the payments by the WIDOW tie
patent should have issued to the heirs,
solemn declaration on the part of the
widow that the son owned the land sub
ject to her life estate therein, and with
the payment of the consideration and &C
to denial on the part of both that TIE
plaintiff had any interest whatever In the
land.
5. Assuming without deciding that upon
the completion of the title the land right
fully belonged to the widow and two chill
dren in common, then upon the execution
and recording of the deed, and actual
knowledge soon thereafter acquired,
cause of action accrued to her for posses
sion and partition but she having allowed
asserting her claim, the erect of the deed
and the conduct of the mother and son
being a denial of the PLAINTIFF co-tenancy
or rights as such, amounted to an custer
and the action is barred.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
EGAL

an answer claims title under a deed from
the plaintiff, and the evidence discloses
that this deed was given to clear the title
upon the payment of a deDt to secure
which the defendant had executed a deed
to the plaintiff such pleading should
not preclude the defendant from recover
ing upon a title held prior to the giving
of such security-deed, where the plaintiff
is given full opportunity TO meet the
claim of such prior title.
2. In ejectment brought against hus-
band and wife by one who has purchased
the property at sheriff's sale on an execu-
ton against the husband alone, where
both defendants maintain that the wife
was the sole owner, declarations of the
husband asserting title in himself are not
ordinarily admissible against the wife.
5. The statute authorizing the stenog-
rapher's transcript of the testimony of a
witness to be introduced in evidence by
any party under like circumstances and
with like effect as the deposition of such
witness permits such use only in ac-
tions between persons who were parties
to the litigation in which the testimony
was given.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
[SeaL1 Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
| E1EL

gardens and gardeners should be supplied
at specified meter rates, the water taker
to install the meter. The consumer did
not install a garden meter and continued
to use water for his garden as before.
Held, the city had the right to discon-
tinue service to him.
4. The city cut off the consumers sup
ply of water because, as 1t claimed, he
was in arrears and would not install a
meter. He was dependent upon the city
for water and was at once confronted
with the certainty of very great loss,
which he in fact suffered. Held, it was
the consumers duty, under the clrcum-
stances, to submit to the city's exacdons
and procure a restoration Of service in
order to prevent loss.
3. The power of the city to withhold
water placed the parties on unequal
terms and the law would have regarded
as involuntary any payment made to Sc
cure a restoration of service.
6. Assuming that the water was wrong
fully turned off the measure of the con-
Sumers damages was the amount he
would have been obliged to pay to Sc
cure a restoration of service and the
amount of damages, if any, provable to
the time water could have been supplied.
All the Justices concurTing.
a true copy.
Attest: D. a. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
EGAL

the sales is held to state sufficiently the
law of partnership applied to the evil
dence in view of the failure Of defendant
to request a mere definite instruction
upon the question.
. After the trial of a prosecution under
the prohibitory liquor law had begun and
several witnesses fer the state had teSIi-
fled the trial was postponed and the jury
were permitted TO separate for thirty-three
days, when the trial was resumed over
the defendants objections and other wit
nesses for the prosecution and for the de-
PENDANT testified to the jury. Held, that
the postponement OF tie trial for such a
length of time was an abuse of discretion
resulting in mistrial
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
(SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
LEGAL

an opinion as to what might or could have
caused death, and one asking for an opin-
ion as to what did cause it, is considered
and the latter form is approved. A ques-
ton asking for an opinion of the cause of
death based upon a given hypothesis, or
upon personal knowledge of the condi-
tons, or both, is one that properly quail
fled witness may be allowed to answer.
Z On cross examination a hypothetical
question emitting material facts which
the evidence tended to prove, and which
were included in question asked upon
direct examination, is permissible within
reasonable limits to test the intelligence,
capacity, discernment and candor of the
witness, but where the s-examina ton
proceeded at great length and the witness
testified upon the matters embraced i'll the
question in detail and admitted that lie
did not know positively whether the death
might have occurred from poison without
the symptoms stated, the ruling excluding
the question did not affect the substantial
rights of the appellant.
s. Upon a charge of murder by poison
it is not necessary that the verdict should
state the kind Of poison used.
All the Justices concurring.
A true copy.
Attest; D. A. VALENTINE,
[Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
70. 17.7O7.

Alice Lehnen, Appellee,
Z. j. Hines & Company, co-paftnerSnlp
composed of E. ]. Hines and H. II.
Hines, Appellants.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Johnston, C. J..
1. 1t is competent for court to mako
reasonable rules regulating the time with
in which parties desiring the submission
of special interrogatoTies shall present
them to the court. Ordinarily they should
be presented early enough to enable the
court to revise and the opposing party to
examine them before the jury is charged
or the argument by counsel is begun, and
under the circumstances of the present
case it is held, that the refusal of the
court to submit the special interrogatories
when they were requested was not an
abuse of discretion or prejudicial error.
,. Where a person is received in a hotel
guest the law implies contract be-
tween the proprietor and the guest that
the proprietor by himself and his servants
and agents will exercise reasonable care
for the safety, convenience and comfort
of the guest and that the guest on his part
will observe the recognized proprfeties OF
life and refrain from any boisterous or
other conduct offensive TO other guests or
which would bring the hotel into dis
repute.
g. A hotel-keeper is responsible to a
guest for the acts of his servants IN
charge of a hotel whether the particular
acts were expressly authorized or not,
providing, the servant was acting in be-
half of the proprietor at the time and
within the general scope or MS employ
ment.
4. A night clerk left in charge of hotel
with authority to receive guests, assign
them to rooms, preserve order. and gen
orally look after the hotel during tue
night, has the implied authority to eject
guests from their rooms in order to pre-
serve peace and order; and if the clerk
undertakes to eject a guest from his or
her room, and uses force, and violent
language, and summons the police, and
directs the police to make an arrest, and
place the guest in jail, such action on the
part of the night clerk will be held in Law
to be the act of the employer of such
clerk, or the proprietor of the hotel and
for the right OF wrong of which the hotel
proprietor must be held responsible.
3. Under the circumstances of the case
it can not be held that an award of $1,000
as damages is so excessive as to indicate
passion or prejudice of the jury.
All the Justices concurr42g.
A true copy.
Attest: d. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
D. A. VALENTINE,
Clerk Supreme Court.
No. 17,T79.
E. J. Kinzer, Appellee,

No. T7,779.
E. J. Kinzer, Appellee,
The National Mutual ms. Co., Appellant.
APPEAL from Douglas County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
!. A fire insurance policy for 81 600 COW
cred property described frame build
ing and undivided half interest in
brick wall. In an action upon the policy
the court found that the frame building
was wholly destroyed by fire without in
jury to the brick wall, and that the value
of the brick wall was $3.50. Held. There
being no separate valuation of the prop
critics or distribution of the amount of in
surance the insurer is liable for actual
loss of the property destroyed to the ex-
tent of s., 600 and the court rightly refused
to deduct from the amount of recovery the
value of the brick wall.
2. Property is to be regarded as having
been wholly destroyed" a total loss
within the meaning of an insurance con-
tract no matter how great a portion there
OF may remain unconSumed, If it is so III
jured that 1t must be torn down or that
what remains cannot be utilized in recon-
structing the building without mourning a
greater expense than if it were not so
utilized. Insurance Co. v. Hickman, "a
Kan. SSS, 1861
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE
CSea1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
D. A. VALENTINE,
Clerk Supreme Court.
No. 1850.
NJ. L. Richardson, Appellant,

]. f. Gunby. Appellee.
Appeal from Wilson County.
REVERSED.
Syllabus. By the Court. Benson. J.
l. Where a letter is addressed to a
bank or banker asking for information
concerning the credit and standing of a
business corporation and it's officers and
a communication is sent IN answer to the
letter containing matter Ibelous per Sc
against the secretary of the corporation
but within the reasonable purview OF
the inquiry, and there is nothing in the
correspondence indicating other than an
honest purpose, the communication prima
facie is conditionally privileged.
?. In civil actions for libel where a
communica ton Of the nature referred to
above is conditionally privileged, the bur
den Of proof is upon the plaintiff to show
malice or wrongful purpose in publish
ing IL.
3. A person who instigates or procures
a Hbelous communication to be published
against himself for the purpose of predi-
eating a suit for damages upon 1t. can
not recover in such an action. But IL
he instigates or sets on foot inquiries for
the purpose CT ascertaining the source OF
evil reports in order that they may be
counteracted, or for any other proper pure
pose, and not for the purpose Of predh
eating action for damages in his OWE
behalf he is not estopped thereby from
maintaining such an action.
All the Justices cOncurring.
true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
D. a. VALENTINE,
Clerk Supreme Court.

No. Is, $50.
The State of Kansas, ex rel. John s. Daw-
son, Attorney General, Appellant,
The Board of Education of the City of
Great Bend of the State of Kansas
Appellee
Appeal from Barton County.
AFFIRMED.
Syllabus. BY the Court. Johnston, G. J.
1. A Board of Education in a city Of
the second class is vested with the power
and discretion to select sites which
school houses shall be erected.
2 Two propositions were submitted by
the Board of Education at the same eiec-
ton, one authorizing the issue of bonds to
purchase a site for a school building and
another providing for the issue of bonds
with which to erect the building. TIE
Board determined to build the school
house on site already owned by the dig
trict and an action was brought to enjoin
the placing of the school building on that
site the ground that most of the cleo
tors who voted upon the proposition un-
GerstOod that new site would be selected
by the Board. Held, that the understand
ing which the voters may have had did
not interfere with the power and discretion
vested in the Board to decide where the
school house should be erected and wheth-
er new site should be purchased.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ESeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. Is, 269.
The State of Kansas, Appellee,

VS..
Walter Mounkes, Appellant.
Appeal from Lyon County.
REVERSED.
Syllabus. By the Court. Smith, ].
/ Whether one may defend another
from death or great bodily harm does no.
depend upon the reality or imnlinence %
the danger nor upon the belief as to these
facts of the one supposed to be in peril
but depends upon the facts they rea-
sonably and actually appear to the de-
fender.
2 BY the provisions of section II of the
Crimes and PuniShments Act, the common
law rule is migrated into the statute; and
upon charge of murder or manslaughter
the accused must, on trial. be acquitted If
the alleged homicide was committed under
circumstances in a case where, by the
common law, such homicide was justifia-
bic or excusable-
8 Under the common law one may. with
OFT mourning criminal liability, take life il
nj res%ary to prevent the murder or other
atl-oefous felony against his brother JUS
tifle alton for an assault with intent TO
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. II, 40.
Carrie Nelson, Appellant,

No. II, 80.
Carrie Nelson, Appellant,
VS..
andrew z. Oberg, Appellee.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court West J.
L about 1876 o. settled on an eighty
acre tract of land in Allen County. He
died in 1879 having made one or more pay
ments at the rate of S1.25 an acre. leaving
a widow and two children. the plaintiff of
age and married and living on the adjoiu-
ing eighty, and the defendant, a son then
sixteen years old The widow completed
the payments and a patent was issued
about 1882 in the name of the entryman.
The widow and son continued to live upon
and improve the land and in 1891 she con-
veyed It to him by deed reserving to her
self a life estate and placed the deed or
record. Thereafter the land was assessed
to the son. The son resided on the land
for some years, and at all times, whether
living there or elsewhere claimed to be
owner subject to the mothers life estaie
The mother stated at different times that
the land was TO be his after her death and
it was so understood and reputcd in the
nefghborhood- she received rent from the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 1853.
The state of Kansas Appellee,

The State of Kansas Appellee,
n. T. Olsen, Appellant
Appeal from Morris County.
AFFIRMED.
| Syllabus. BY the Court. Benson. }
/. Decisions upon challenges to jurors
for cause are sustained upon the authori-
ty of The State V. Morrison, 81 Kan. IA,
Y Pac. 554; The State V. Stewart, IS Kan.
404, ZIG Pac. 4S9; and The State V. Trus-
kett, So Kan. S04 11S Pac. 104z.
,. Remarks of the county attorney in
argument are considered and it is held
that the appellants rights were not in
fringed thereby
8. An instruction to the effect that the
jury should not consider the failure of
the defendant to testify raising any
inference of guilt is not erroneous.
4. The defense of insanity having been
interposed to a charge of murder the
county attorney in his opening argument
after referring to the evidence on that
issue said that the jury might protect
the defendant under the guise of pass
derer" 1t is held that while vituperation
and villificatiOn should be avoided, in
ferences- fairly deductble from the eyi-
dence and predicated thereon may be
stated.
5 A daughter of the deceased three
years old present while her father
of a corn knife, and exclaimed "Oh, poor
papa, do die This exclamation was re-
lated by her mother in the course OF her
narrative of the occurrence. 1t is held
this exclamation was not erroneous
g. A medical witness after giving his
opinion in answer to a hypothetical ques-
ton that the defendant was insane when
the homicide, was committed testified on
cross-examination that BASED on that
question this kind of insanity would be
fairly termed emotional insanity or I'M
pulsfve insanity or there may be several
names applied to it, insanity IS
not classified alike by all writers, II
would be similar to what we call ire
sistible impulse; sometimes It is
termed moral insanity" Counsel then
offered to prove that the witness had
made an examination of the defendant
during the trial and found him insane
II is held that in view of the testimony
already given by this witness and others
tending to show that the mental disorder
existing at the time of the homicide was
of a temporary, sudden or tmpuls1ve ma
t1Ire and not of a continuous character,
and of other circumstances stated in the
opinion, the rejection OF the offer was not
prejudicial error
All the Justices concurTinS-
true copy ,o-,,,~,-
Attest: ID. "A. NALENIANEs
ISeal1 Clerk Supreme Court