davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
No. II, 3S1.
Fred Washbon, Grand Master, ETC.. ct al.
Appellants

No. II, 3S1.
Fred Washbon, Grand Master etc ct al
Appellants,
Mrs NJ. E. Hixon, Appellee
Appeal from Jackson County
Reversed on Rehearing
syllabus. By the Court. Porter J.
l. Albert Sarbach was grand treasurer
OF the Grand Lodge of Masons. He kept
an account with a bank as grand treas
urer. In payment of a personal debt he
owed to her he gave defendant a check
signed by him as Grand Treas" Without
any inquiry of the bank she presented it
for payment and received the money The
Officers of the bank could have informed
her that Sarbach was grand treasurer and
that the check would be paid out of his
account as treasurer. In an action by
the grand lodge to recover the money the
defendant answered that subsequent TO
the payment of the check Sarbach had ac-
counted to the grand lodge for all sums
due from him as treasurer. Held, ID that
the burden was upon defendant to show
that the grand lodge was reimbursed: (2l
that 1t is no defense to the action to show
believing that the check was payable out
of moneys belonging to Sarbach person
ally; (3) that the words Grand Treas
following the signature to the check, were
sufficient to put her upon inquiry as to
the ownership of the fund out of which it
was payable.
3 The special findings are held suffi-
cient to warrant a judgment in favor of
plaintiff, notwithstanding the general YER
dict.
All the Justices concurring.
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11

No. IL. $50.
The State of Kansas, Appellee.
George L. Pearce, Appellant
Appeal from Stanton County
AFFIRMED
Syllabus. BY the Court. Johnston. c. ].
l. Some of the persons called as jurors
stated that they held opinions as to the
guilt or innocence of the defendant buT,
upon further inquiry in which the Judge
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
No. 1898

No. II, 2S9.
The State of Kansas, ex rel, Frank T.
Knittle County Attorney of Saline Coun-
ty Appellant,
Samuel Zerbe, Appellee
Appeal from Saline County
AFFIRMED.
Syllabus. BY the Court mason, ).
Where the law permits one to maintain
unon his own premises an embankment
to prevent storm waters from flowing
upon his land from that of another, while
following the natural drainage, put not
running in a watercourse, his right is the
same with respect to surface water from
a public highway
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
D. A. VALENTINE.
Clerk Supreme Court.
No. 1852.

No. II, 500.
Ruben H. Sawyer, Administrator of the
Estate of H. B. Sawyer, Deceased,
Appellant,
VS.,
John Kroenert, Appellee.
Appeal from Cowley County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J.
a judgement of final order of justice
of the peace can not be reviewed on
petition in error. Under the present code
a review of such a judgment or order can
only be obtained an appeal.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
D. A. VALENTINE,
Clerk Supreme Court.

No. 1925.
L. NJ. Perkins OR. NJ. Edminston, Appellee)
VS..
John w. Gregory q. E. Spaulding, Appel
lant.
Appeal from Finney County.
REVERSED.
Syllabus BY the Court. Burch, ].
1. One who takes a warranty deed of
a tract of land after the rendition of
Judgment, based publication service,
quieting title in the grantor, is not a pur-
chaser in good faith under. sec. SO of the
civil code unless he pay valuable con-
sideratfon on the strength of the decree.
2. The recital in such a deed of the
payment of consideration is not evil
dence of the fact against the defendant
in the action to quiet title, who procures
the judgment to be opened up and makes a
defense.
g. one who asks affirmative relief or
makes an affirmative defense on the
ground that he is a purchaser in good
faith under the section of the code refer
fered to has the burden of proving the
fact. .-.-.i
All the justices concurr1ng except Mason,
J., who did not sit.
A true CODY.
Attest; ID. A. VALENTINE
rSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
EGAL

PENDANT that such claims were made
against the corporation, and that a
new manager paid them after a full in
vestigalion, makes out a prina facie case
for deduction, and casts upon the
plaintiff the burden of showing that the
claims SO made and paid were not lust
All the Justices concurrlng.
A true copy,
Attest: d A VALENTINE
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11

Piled for revival, approval of which was
withheld for the sole reason that the
balance still due was not paid or ar
ranged for. In fact the insured had, sew
eral days before his death and several
months prior to the expiration of the in
surance year. paid the balance to the
companys agent who failed to remit it to
his principal. Held, that the policy should
be deemed to have been in force.
2 While waiver should have been
specifically pleaded instead of alleging as
the petition did that the policy was in full
force at the death of the insured, still as
no motion was made for more specific al
legations, no showing of injury or ap-
piication for further time, and the cause
was fully tried no materially prejudicial
error was committed by permitting the
plaintiff TO introduce testimony to show
waiver.
All of the Justices concurring.
A true copy.
GSeall d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
d. A. VALENTINE,
Clerk Supreme Court
No. 17,349.

NO. IL, JAY.
In re Estate of o. G. Leyerly, Clyde
Bailey, Administrator, eft al, Appellants,
VS..
o. G. Leyerly and P. Z. I4eyerly, Appellees
Appeal from Sumner County.
AFFIRMED.
Syllabus. By the Court. Smith, J.
1. In this proceeding, on appeal from
the probate court, the district court had
no Jurisdiction to determine the disputed
rights of property but had jurisdiction
simply to find the fact of whether the
appellees had concealed, embezzled or
conveyed away any of the property or
money belonging to the estate, and to
make and enforce orders for the preser-
walton thereof.
2. A judgment in such action, general
in form, finding in favor of the defendants
therein is not determination of rights of
property, but simply amounts to a finding
ing the things complained of.
All the Justices cOncurrtng.
A true copy.
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
EGAL

court sustained an objection to the evil
dence. Held, reversible error
All the justices concurring
a true copy.
Attest: d. A. VALENTINE
ISeaLJ Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
EGAl

took leading part, the jurors answered
that the opinions which they held were
upon questions not in issue in the case.
As the answers first given were contra
dictory of those subsequently made it de-
volved on the trial court to settle the
contradictions and to determine whether
ana, there being evidence to support the
findings of the court on the question, Its
decision must be affirmed.
Inc declarations of a person who
started from home with a herd of horses
as to the place to which he was going and
the purpose of his journey are admissible
n evidence and. in prosecution for the
murder of the one who made such declar-
atoms, testimony regarding them may be
given by the wife of the deceased.
g. The admission of some incompetent
testimony, which had little, if any, bear
ing on the issue being tried and could
not have influenced the verdict or
periodically affected the interests of the
party complaining, will not warrant a re-
versal of the judgment. 80 -
All the Justices concurring.
Attest: d. A. VALENTINE.
lSealJ Clerk Supreme Court.
No. Is, III.
State of Kansas, ex REL, Appellee,
Frank NJ. Holcomb, etc.. Appellant
Appeal from Wyandotte County, Court OF
Common Pleas.
AFFIRMED.
syllabus. By the Court. Smith, J..
lCEIn IOT WHICH ln6 Judge OF Ine
second division of the district court of
Wyandotte county was elected in 1910 was
the regular term" of four years.
All of the Justices concurrings
true copy.
Attest D. A. VALENTINE
tSeal1 Clerk Supreme Court.
No. Is, 1893.
In the Matter of the Application of S. o.
Sharp for Writ of Habeas Corpus.
ORIGINAL PROCEEDING.
WRIT ALLOWED.
syllabus By the Court. West, J.
l. court or judge has no Jurisdiction
to grant a temporary injunction until the
such order may be had.
2 In this case the order that the petit
toner
be and he is hereby restrained and en-
joined from in any way interfering with
said plaintiff until the final
determination of this action"
should have been accompanied or pre-
coded by the issuance of q summons.
3. Such an order made on presentation
of an application and affidavit therefor
when no action has been begun and sew
eral days before such application is filed
no summons being issued praecipe
therefor filed, and no voluntary appear
ance being made-is void.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
No. 1852.

NO. HOE
The Great Western Machinery Company,
"a corporate Appellee,
j. c. Smith and D. E. Berger, Appellant.
Appeal from Saline County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
1. The rule that penal statute will
not be enforced outside the territorial
jurisdiction of the legislature enacting it,
applies only to such statutes as are entire
" penal, their sole purpose being to in
flict punishment for the violation of n
law. for the public benefit. and not to
those which are in part compensatory
the violator being required to make good
to an individual a possible loss having
some connection with his default.
,. A statute requiring a corporation to
file an annual statement showing its
financial condition. and making its Of
ficers individually liable for its debts in
case of default, is not purely penal.
g. The enforceability of such statute
in another state is not affected by the
fact that the courts of the state enacting
it have characterized it as penal in con-
nection with the rule of strict constru7-
ton and with the application of a statute
of limitations upon actions to recover a
penalty
All the Justices concurring-
A true copy.
Attest. D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
ExtempOraneOus Team Defeats
North Side Men.
Shaffer Brothers Win Nine Out
of Twelve Games.
PLAY HORSESHOES OUT DOORS
Complain Because of High
Weeds on Vacant Lots.
Completing FireprOOf Concrete
Blacksmith Shop.

An extemporaneous team consisting
of H. E. Shaffer of the South side, and
T. v. Shaffer OF Dover. won nine out
OF twelve games from r. r. Baer,
Fred Morns, John Truelove. and T. NJ.
Forbes of the North Topeka team in
the out door court on West Laurent
street Monday evening. This is only
the second time that the North side
men were beaten. The first time the
Wear brothers of Silver Lake out
pitched them.
T. V. Shaffer is here as a juryman.
He and his brother have been pitching
for a few weeks and decided to try
their hand with the North side men.
AS it was an impromptu game no score
was kept.
The games in their order. however,
follows:
L. Baer and Morns VS.. Skaters. latter
won all four games. Knoll and Baer
VS.. Skaters, latter won four out of FIVE
games. Truelove and Forbes VS.. SHAFT
fers. latter won two out of three.
Darkness closed the contest.
Considerable complaint is being made
because of the high weeds in many OF
the vacant lots on the North side.
One spot which is near Kansas avenue
and is passed by hundreds of people is
on the south side of Grant street be-
tween North Harrison street and North
Topeka avenue. Here the weeds are
nearly as mgh as a mans waist. In
other parts of the First ward weeds
nearly as high as a mans head are
seen.
1t is said that weeds like these are n
menace to health as we'll as an eye
sore. The odor from them is never
pleasant and after the sun dries them
out after a rain, it is most disagree
able. 1t is thought that such growth
threatens to spread fevers, etc.
In the majority of instances a few
hours work with a scythe would cut
them down. Many people are wonder
ing why the weed evil is not remedied.
What is the only concrete blacksmith
shop on the North side if not in To-
peka, is being completed by c. e
Paxon, on Central avenue, adjacent TO
his frame shop on the north. The new
shop is 30x30 feet. 1t is being builr
so that an extension may be easily
made The walls are of concrete REIN
forced with brick. The floor will sLiso
be of concrete. With the exception OF
the roof which will be of wood, the
building is practically freproof.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
D. A. VALENTINE.
Clerk Supreme Court
No. 1855.
L. E. Anderson, Appellant,

VS..
Clifton Shafer, Appellee.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court Smith, j..
1. AS between the principal and the
agent, agency given to a real estate
dealer to find a purchaser for tract of
land at a stipulated price may be revoked
at any time.
,. Whether the agent is entitled to re-
cover damages by reason of the revoca-
ton depends upon whether the agent,
after ne is given the agency and before
the revocation thereof, has commenced
negotiations with a prospective pur-
chaser who is able and willing to buy the
land at the stipulated price.
All the Justices concurring.
y true copy.
Attest. d. A. VALENTINE.
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
No. 1865.

d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11

MONEY to loan on live stock. pianos. OF
S11ns. typewriters. household goods and
personal security. I. Blscoe. s23 Kan. ava
Oxford Democrat., 1912-09-03
A Western Horse In Maine.

T.E.W., Freeport, Me-: Having very
sick mare, thought would see If you
can tell me what is the trouble with her'
She is six years old, weighs 1900 pounds
and has been here about eight weeks
from the West. She has had the horse
all and got over it. This is the way she
acts: After have her on the road IN a
light rig about ne-quarter of mile, she
begins TO sweat very much all over, so
that the sweat runs off her. She eats well,
makes clear water aud dungs well. She
never lies down when she is sick. Please
tell me what you consider the best feed
for these Western horses.
Maine should be raising far more of
its horses than she is raising, as she has
the conditions to grow better horses
than can be brought from any OF the
states in the middle or far West. Your
mare is weak vitality from the shipping
fever she has just passed through, and
she needs to be acclimated before she
will be of much account as a morse
Probably she was loaded with fat to
make her look pretty and sell well. she
needs to be handled very carefully anc
fed well on Maine oats and eat some OF
Names pasture grasses and breathe
Maine air for several months before she
will get Western filling out OF her. These
are the lines she will need to be treateo
under, when her chances will be quite
good to grow into a good horse.-C. ID
Smead, V. S., in Tribune Farmer.
Oxford Democrat., 1912-09-03
Need Statements of Cost.

One cause for the indifference shown
toward the experimental work at High
moor, and that given out in 30 many
bulletins is that no statement of cost is
reported. The treasury of the state, or
United States supplies the funds, and no
farmer knows whether he can afford to do
likewise or not. 1t is high time the figures
were given. Results are plainly manifest
but what did they costP A recent bulletin
makes strong claims for intensive cultiva-
ton as against fertilizers in reclaiming
old trees, gives slap at Fishers formula
and falls back upon New York expert
ments.
All this may be, sound, but until the
cost is given, the farmer is at sea. The
onestion uppermost is, "Can l afford TO
do this?" or, "What is the relative cost
of the cultivation and mulch system for
series of yearsp" The writer could not
afford to cultivate the old trees he Ia try
ing to reclaim because of the expense.
Under the good treatment with fertilizer
used yearly, the cost for four years for
pruning, spraying, scraping and washing
with lime wash once, fertilizing and cut
ting the grass for mulch, has been 50 l.2
cents per tree yearly. could not have
accomplished TIE same reformation by
cultivation at the same cost. Many OF
the test experiments must necessarily be
conducted regardless of expense, but
where there is any attempt at field or
crop work, the farmer who looks on mas
the right to ask, "What does it cost?'
Failing to supply this information, the
work at Highmoor loses its greatest at
traction to the average worker. Here is
something to be remedied, as 1t can be
very easily. Supplying this information
might not show a profit. That's not the
question, but there would be- basis OF
cost of doing helpful to every grower
G.. NJ. Twitchell in Maine Farmer.
Oxford Democrat., 1912-09-03
RattIe Of ArmaoeddoFs.

Readers of the Bible know that the
battle of Armageddon, which In the re-
/ vised version Is Harmageddon, Is to be
the last conflict between the hosts OK
the Lord and all the powers OF DARK
ness. II is prophesied In Revelation
XVI 10, "And he gathered them to-
gether in place called In the Hebrew
tongue Armageddon" The name COMES
from har megiddo. the mountain dis
trict Of Megiddo-the mountain land OF
Israel. There Is where the stars
fought against Sisera. n narrated In
the book Of Judges. and where Josiah.
rebellious king Of Judah. WAS slain BY
Pharaoh. king OF Egypt. The battle
Of Armageddon" u used symbolically
to describe any great conflict. but In Its
original meaning II referred to tho
final struggle which II to precede the
millennium. St. Louis Post-Dispatch-
Oxford Democrat., 1912-09-03

hasn't hardened her. I guess we'd
better keep out. Maybe Kate Com
stock knows what she's doing. Sure
as you live, Elnora has grown bigger
on knocks than she would on love-"
II don't s'pose there ever was a very
fine point to anything but missed II"
said Wesley, because I am blunt.
rough and have no book learning to
speak of. Since you put It into words
I see what you mean, but it's dinged
hard on Elnora, just the same. And l
don't keep out. I keep watching closer
than ever. I got my slap in the face,
but If I don't miss my guess, Kate
Comstock learned her lesson, same as
I did. She learned that l was in ear
nest, that l would haul her to court II
she didn't loosen up bit, and she'll
loosen. You see If she don't"
Up In the attic Elnora lighted two
candles, set them on her little table
stacked the books and put away the
precious clothes lovingly. Then she
slipped into her little white nightdress
shook down her hair that 1t might be-
come thoroughly dry, set a chair before
the table and reverently opened one OF
the books. A stiff draft swept the at
tic, for 1t stretched the length Of the
cabin ard had a window in each end
Elnora arose and, going to the east
window, closed 1t. She stood for q
minute looking at the stars, the sky
and the dark outline Of the struggling
trees Of the rapidly dismantling Lin
berlost. In the region Of her case @
tiny point of light flashed and disap
peared. Elnora Strengthened and won
dered. Was it wise to leave her pre-
cious money there? The light flashed
once more, wavered few seconds and
Oxford Democrat., 1912-09-03
Wonderful Effect of Lime.

A most striking demonstration OF the
need for lime on the old farm soils OF
Central Maine has just been completed
by Charles Fl. Gardner, one OF the
scientific and successful farmers OIL
Somerset County. Last year he SEEDED
down five acres with the STANDARD
mixture of timothy, red top and clover
using for the first time an even ton OF
agricultural lime per acre. For checs
on the experiment he left strip clear
across one side of the field unlimed
The difference in favor of the lined SOL
was fairly apparent last fall, but the maxi
mum did not appear until haying time
this year. Over the field as a whole the
grass stood about three and half fee'
tall before moving, while on the checs
strip il was little more than one foot. Inc
grass on the lined soil was all straigh'
goods that would grade as the finest quai
ity of mixed hay, while the strip was hllec
with sorrel and other foul stuff. From
the five acres Mr.. Gardner put intc
the barn seventeen loads that experienced
observers declare would weigh ton anG
half apiece, while several hundred
pounds per acre was left in the felo
where it had been lodged 80 that tne
machine could not cut it. Furthermore
the grass on the lined field has started
up again at a rate indicating seconc
crop of at least two tons an acre, whil'
the check strip is still scar and brown
Every farmer who has seen MT
Gardner's field this season has de-
clared his intention of using lime OF
every foot of new seeding this faii
l-Christopher NJ. Gallup, Skowhegan
Me-, in Tribune Farmer.
Oxford Democrat., 1912-09-03
NUMBER 36.
Removed His Courage.

.Jabe Mathis Ut the Thirteerth
Georgia Gas . good soldier" said Gen.
eral LopgstrePt. "but one day. when
the COnfederates We're retreating from
the CORY field Of Gettysburg. Jabe
threw bis musket on the ground, seat.
ed himself BY the roadside and OK.
claimed with vehemence: III bs dog
goned II l walk another step! I'm
broke down. I can't do it. And Jabs
was the picture Of despair.
"'Git up. man. exclaimed the cap.
tain. 'Dou't you know the Yankees
are following usr They'll get you
sure
Cant help it. said Jabe. I'm
done for. I'll not march another step
THE COntederates passed along over
| the crest Of bill and lost sight OF
poor, detected Jabe. In moment
there was fresh rattle Of musketry
and renewed crash of shells. Sud
denly Jabe appeared on the crest of
the bill. moving with hurricane swift
ness and followed by a cloud of dust
As he dashed By his captain that off,
Ger said:
Hello. Iahe. Thought you wasn't
going to march any more?
Thunder" replied Jabe as he hit
the dust with renewed vigor. You
don't call this marching, do your
KANSAS City star.
Oxford Democrat., 1912-09-03
Fate Of flcitiades.
IeI
nd dissolute

The brilliant. witty and dissolute
Alcibiades had one of the most exten.
| tive experiences In exile that ever fell
to the lot Of man. While In COM
manl of the Sirllian army he was re-
called TO stand trial for the destruc-
ton Of the busts of Hermes, an out
rage that had taken place just before
his departure. Knowing that his
death had been determined on, he es.
capped to Sparta. where, by adopting
the manners Of the people, IN strange
contrast to his former style OF luxury,
be became immensely popular. He en-
gagged In military operations against
the Athenians and succeeded so well
ms to excite the envy Of the Spartan
leaders, who expelled him, whereupon
he went to Persia and lived there with
magnifcence that astonished the
Persians themselves. He was recalled
to Athens with the same capricious'
ness that marked his ostracism and
was appointed commander In chief OF
all the AthenIan forces; but, falling In
an important expedition. he was again
sent into exile and was finally assas-
sfnated I'm Persia.
Oxford Democrat., 1912-09-03
Comfort for Fair Patrons.

Most fairs need better ACCOMMODATIONS
for the comfort and convenience OF their
patrons. Seats where the people may
rest are usually very much needed.
Very few fairs have enough, and grea'
many, especially the smaller fairs, nave
no such conveniences. A resting ano
retiring place, especially for women, y
another need. Most fair grounds need
Improvement in their sanitary arrange
ments. and it is often fact that there
is great need of drinking water.
A country fair is a place to whic1
people are expected to come early in the
morning and remain all day. Therefore
the accommodations ought to be such a,
to offer inducements for them to do So
Building construction upon fair ground
need never be elaborate or snowy, ou'
it should always be commodious.-Main'
Farmer.