davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12

No. II, 467
No. IL, 1853.
George c. Rankin, Appellant,
VS..
Ella NJ. Ware, Appellee
George C. Rankin, Appellant,
VS..
Edward E. Barton, Appellee.
Appeal from Reno County.
REVERSED.
Syllabus. BY the Court. BuPch. j.
The decision by the comptroller Of the
currency that it is necessary to make q
requisition on the stockholders to pay the
debts of an insolvent national bank is net
open to contest by the stockholders on the
facts involved in the decision. The comp
troller acts quasi-judicially and his de
termination cannot be impeached in a re-
ceiver's action to recover the assessment
except for want of jurisdiction, bad faith
or other ground of equitable interference.
and in such cases the specific facts
thorizing relief must be pleaded with
definiteness and certainty.
All the Justices concurrinS.
4 true COPY.
Attest: D. 4. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
D. A. VALENTINE,
Clerk Supreme Court.
No. Is, 221

No. 1921.
The State of Kansas. on the relation of
John Marshall, Attorney for the Public
Utilities Commission of the State of
Kansas, Appellee,
The Wyandotte County Gas Company,
Corporation, Appellant.
Appeal from Wyandotte County.
MODIFIED.
Syllabus. BY the Court. Smith, J.
1. The term public utility wherever
used in the public utilities act (Chapter
23S, Laws of 1911) means, every corpora
ton, company, individual, association of
persons, their trustees, leSSeeS or receiT-
ers'' that may own, control or manage,
plant, generating machinery any part
thereof in the operation of the business
enterprises specified in section 8 of that
act; and the term, as used in said act,
nowhere means the physical equipment,
plant or machinery used in conducting
any such business.
.. The Public Utilities Commission for
the State of Kansas has full power, au-
thority and jurisdiction to supervise and
control all public utilities described in sec
ton of the Act, with the exceptions
therein specified, and a public utility
which owns or operates a separate equip
ment, plant or machinery, for any of tie
specified purposes in two or more cities is
not within such exceptions.
3. The power to contract for rates for
the furnishing of water, light, heat or
power to city or its Inhabitants is n
sovereign, governmental power which is
vested in the law-mak1nS power of the
state. The power may be delegated to the
mayor and council OF a city but is not to
be inferred from mere convenience, but
must be specifically granted or be abso-
lutely essential to the exercise of other
powers expressly conferred upon such
mayor and council
All the justices concurring.
A true copy.
Attest: d. A VALENTINE.
ISeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 17,s0.
John H Holly, Appellee,


The City of Neodesha, Appellant.
Appeal from Wilson County.
REVERSED.
syllabus BY the Court. Burch. J.
l. Under an ordinance of the city,
which owned its waterworkS, water rent
ais were payable in advance on the first
day Of January and July of each year,
and IL not paid within ten days after due
the water was to be turned of. In May
consumer paid in full for water for his
greenhouse for the entire year in which
the payment was made and his appro-
pr1ation of the proper sum for that pur-
pose was accepted and retained by the
city with official knowledge of the facts.
Held, the city was obliged to furnish the
consumer with water for the entire year
and was not privileged to turn off the
water after July 10Th for previous de-
faults.
2. The right of a city or water COM
pany to discontinue water service il pay
ment therefor be not regularly made
fails unless promptly exercised in an
effort to protect against imposition or
loss in essentially current affairs.
3. The consumer claimed q special con-
tract for water service to his greenhouse
at a flat rate Afterwards he devoted a
half acre of ground TO the raising of
celery which he supplied with water from
the greenhouse service. The city then
passed an ordinance providing that
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 1885.
No. Il, sos.
J. W. Bridges, Appellee,
NJ. ". Vann and Victoria Vann, appel


NJ. ". Vann and Victoria Vann, appel
lantS.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. By the Court Johnston. C. J.
1. Where a creditor who holds a valid,
subsisting obligation against his debtor
accepts in payment of the same the prom
issory note of a third party in an amount
equal to the obligation of the original
debtor, the note being given in pursuance
of a business transaction between the two
debtors, and the creditor upon accepting
the note surrenders and cancels the orig
inal obligation, the note of the third party
given directly to the creditor in payment
of the original obligation is supported by
a sufficient consideration.
Where the case was tried on the
theory that one debtor was substituted for
the other and that one obligation was &C
cepted in discharge of another, it is i'm
material that the transaction was not
designated in the pleadings a novatiou
3. The fact that evidence admitted to
establish a fact is secondary in character
is not a good ground of reversal where
such evidence is true and the production
of the primary proof would necessarily
lead to the same result.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
D. A. VALENTINE,
Clerk Supreme Court

No. 49, 36.
The State of Kansas, eX rel, samuel T..
Bartlett County Attorney of Ellsworth
County, Kansas, Appellee,
Nicholas Weber and John Weber, Part
ners doing business as The Wilson Elec-
trio Light Company, APPELLANTS.
Appeal from Ellsworth County.
REVERSED.
Syllabus. By the Court Johnston. =. J..
1. The transmission of an electric cur
rent by wire on a highway in order to fur
nish light, heat and power to the 1nhap1-
tants residing along such electric line IS a
legal and proper use of a highway.
2 A person may build and maintain
such a line on a rural highway without
having obtained a franchise or special
license from any officer, providing, it is
done in a way that will not seriously I'M
pede or endanger public travel or unneces-
sarily interfere with the reasonable use OF
the highway by other members of the pub
lie and there is no invasion of the rights
of the owners of abutting lands.
g. If such line should be so built and
maintained as to substantially interfere
with the legal and proper use of the high
way by others of the public or If the ap-
pljances set up and used in the highway
constituted a nuisance the state, at the
instance of the attorney general or county
attorney might maintain an action to en-
ioin the continuance of the nuisance or
the further Illegal use of the highway.
All the Justices concurring.
A true copy.
Attest D. a. VALENTINE
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 17.62s.
No. 1858.
Frank Prunty ct al, Appellants,

FRANK Prunty ct al, Appellants,
VS..
The A T. G. S. f. Ry. Co., Appellee.
Appeal from Wilson County
AFFIRMED.
Syllabus. BY the Court Porter L
railway company was sued b. ad-
joining land owners to abate and entoin
as nuisance the maintainance of a rail-
road enbankment with a pile bridge there
IN with an opening there under through
winch surface water collected by such en-
pankment was cast upon plaintiffs lands.
II was not alleged in the petition nor was
there any proof that the railroad was
neghgenty or unskillfully construct ID
but 1t appears from all the evidence that
the embankment and the opening therein
were built and maintained in the usual
and ordinary manner in which railroads
are constructed across lands of the char
acter In question, and that the interrupt
ton and diversion of the surface water is
merely one of the ordinary incidents Of
railroad construction. Held following
Mo. Pac. Ry. Co. V. Renfro 81 Kan. 2S7
that the action can not be maintained
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeaII Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. II, SS4.
The State of Kansas, Appellee.


G. H. Buck, Appellant
Appeal from Kiowa County.
AFFIRMED.
Syllabus. BY the Court Benson. ]
/. An allegation in an information for
murder by poisoning is sufficiently certain
which charges that the defendant adr1lir,-
istered to person named certain deadly
drugs and poiSonS, to wit, cyanide of pO-
tassium and hydrocyanic acid and also
other drugs and poisonous substances to
this county attorney unknown, although
such other drugs and poisonous SUBJ
stances are not otherwise designated or
described.
2. An exclamation of a person made
when taking a dose OF supposed medicine
that II burns her stomach accom- panied By
a WY face, sudden sickness and vomiting
is admissible in evidence on The trial OF a
charge OF poisoning such person.
). Evidence tending TO show that one
accused of murder by means Of poison.
administered a preparation of ergot, cot
ton root and dilute Sulphuric acid to his
alleged victim several times in the two
days preceding her death is admissible I'm
der the charge stated in the first above
paragraph. although he administered a diff
terent treatment Immediately before her
death; the various treatments apes ring
to be parts of connected transaction.
4. The testimony of a druggist that the
appellant had requested that a pres Grip
ton for eTigot and other drugs PRESUMED
by and filled for him should be kept rom
the prescription files kept in the drug
store was admissible, with the preserlp-
ton, in connection with the evidence re-
ferred to in the last above and next sue
ceeding paragraph.
5. To identify substance administered
as medicine, persons who were present
having a strong disagreeabie oder may be
allowed to compare the odor of the liquid
so given with the contents of a bottle pro-
duced on the trial, and testify whether
the smell Is the same.
g. A distinction between a Hypothetical
question to an expert witness calling for
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 1920.

No. 1920.
]. W. Shane, ct al, Appellants,
VS..
The City of Hutchinson a Municipal
Corporation, Dave Jarvis, Street Com
missioner of said City of Hutchinson,
and w f. Jones, City Attorney of said
City of Hutchinson, Appellees.
Appeal from Reno County.
REVERSED.
Syllabus. By the Court. Mason, ].
1. The legislature having passed a sep
arate act showing a plain intent to leave
ton Of the law authorizing the collection
of a poll tax for road purposes, and hav-
ing made such act, without substantial
change of language, section of a gen.
eral enactment passed later IN the same
session, must be deemed not to have in
thority to collect such tax, notwithstand-
ing other expressions elsewhere in the
same act If considered alone, might seem
to indicate such a purpose
2. statute which exempts residents
of cities of the first class from the opera
road purposes, does not violate the rule
requiring uniformity in taxation, nor re-
suit in a denial of the equal protection OF
the laws.
All the Justices concurring.
Attest: D. A VALENTINE,
LSeaH Clerk Supreme Court
No. II, 4S2.
E. F. Madden, Appellant,
Christ Stegman and Apolona stegman.
Appellees.
Appeal from Ellis County.
AFFIRMED.
Syllabus BY the Court Mason. ;
/. Where in eJectment defendant n
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 1882.

L. tSOurQQln, AppeIiees
VS..
The Missouri Pacific Railway Company,
Appellant
Appeal from Labette County.
AFFIRMED.
SYLLABUS BY the Court. Burch. J
!. Where a motion for a new trial on all
the statutory grounds has been sustained
generally this court on appeal will as
sumo, in support of the ruling, that the
trial Judge was not able to reconcile the
VERDICT with what re regarded as the true
weight of the reliable testimony.
2 A motion for a new trial on several
grounds is. in effect. 4 separate motion on
each ground and the better practice would
he for the trial court, when sustaining
such q motion, to state frankly on the
record the specification or specifications
which are upheld and those which aIe
OverTuled.
. Under the rule dispensing with TIE
production of volumlnouS or multifarious
documents when iE1practicable, and the
facts stated in the opinion, il is held that
a record in the office of the defendants
superintendent of transportation, -consiSt-
of tables summarizing the use and move
ment of freight cars on the defendasAt's
lines Tor each month OF a series OF years
compiled by his office force under his
supervision from information derived from
many reports. kilograms and other com
munications from various persons, wSs
properly admitted in evidence as tending
TO show abnormal rush of business and
congestion of traffic in one OF the months
Of the tabulation-
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
No. 1852.
Mary While, Appellee,

No. II $50.
Mary While, Appellee,
VS..
Metropolitan Street Railway Company,
Appellant
Appeal from Wyandotte County.
Second Division.
AFFIRMED.
Syllabus. By the Court West T.
The verdict was supported by the evil
dence of the plaintiff and was approved
by the trial court. The fact that aer
version of the way the injury occurred
was contrary to that of the five witnesses
for the defendant does not warrant this
court in ordering the verdict set aside
All of the Justices concurr1ng.
A true copy.
Attest.
ISeaL1 D. A. VALENTINE,
Clerk Supreme Court,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 1851.
ID. r. Inge, Appellant,
Syllabus
e. Q. Stillwell, Appellee.
Appeal from Allen County.
EEfTD ATEn

z. Q. StillweL, Appellee.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court West T..
The plaintiff and defendant were equal
partners in a private bank of which the
former was president and the latter CASH
Ter. The cashier was permitted to manage
the bank and certain other business of the
firm as he chose, the result being a con-
siderable loss. The president sued the
cashier for the loss, alleging fraud and
mismanagement while acting partner
in a fiduciary capacity or relation. This
defendant pleaded a discharge in bank
ruptcy, the plaintiff who had notice of the
proceedings having filed no claim therein
Held, that such discharge was a good de-
Tense, the relation between partners I'M
der the circumstances indicated not being
the fiduciary relation referred to in sec
section II of the bankruptcy act.
All the Justices concurring.
A true copy.
Attest; D. "A. VALENTINE
lSealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 17,7S.
Jennie S. Gordon, Appellee,

VS..
Lille Gordon Mum, ct al, Appellants
OPINIONS DENYING A REHEARING.
Syllabus. By the Court. Benson. J
/. Criticism of the opinion in this case
are considered and certain statements
therein modified.
2. The antenuptiaI contract considered
in this action should be construed accord
ing to the intention of the parties to be
gathered from the entire instrument, the
nature of the property to be conveyed,
and the effect of the agreement in Vesting
the equitable title in the wife. So consid-
cred it is held that a conveyance by the
husband was not indispensable to its en-
forcement in the circumstances disclosed
by the evidence and findings.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ESeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 1850.
The state of Kansas, Appellee,
VS..
Arden Jewell, Appellant.
Annnal frnrn Clay County.

The State of Kansas, Appellee,
Arden Jewell. Appellant.
Appeal from Clay County.
REVERSED.
Syllabus BY the Court Mason, j..
/. An instruction in a prosecution Tor I1r
larceny that the possession of recently
stolen property. or a knowledge of It's
place of concealment, without reasonable
and satisfactory explanation, raises
strong presumption Of guilt, is erroneo1s'
and in this case is held to have been pre-
judicial
? An ius truction in a criminal case that
testimony that the defendant had pre-
viously borne a good reputation may IN
doubtful cases tend to the conclusion
that he would not be likely to commit an
offense of the kind charged is subjecc to
Just criticism on the ground that tire jury
might understand from it that they were
to give effect to such testimony only IN
case the other evidence left them in doubI
as TO the DEFENDANTS guilt.
Johnston c. J., Smith, ]. Porter, j.,
Benson, j. and West, J., concurring-
Burch. ]. and Mason, J., dissenting.
A true copy.
Attest d. A. VALENTINE
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
LEGAL

kill cannot require more than when death
results
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE.
[Sea1] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. 1S14S
State of Kansas, Appellee.
VS..

State of Kansas, Appellee.
Cornelius Tracy, Appellant
Appeal from Cloud County
syllabus By the Court Por,A-
L An instruction in substance that IL
the jury believed from the evidence be-
yond reasonable doubt that defendant
furnished the financial credit on when
me business was founded stored the
liquors IN place kept by him which wa
charged with being a nuisance, assisted
, n caring for the liquors and received a
mare OF the profits CT the business he was
!. partner and might be convicted the
ssnle ms though he had personally made
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
PATTERN WORKS.

MODELS, patterns, experimental work.
wood turning and mission furniture A.
A. Rulings 9i2 Jefferson. Phone 317 W.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
IRAESEER AND STORAGE.

MERCHANTS Transfer and Storage Co.
furnish expert packers; also look after
freight Phones 1856. Skinner q GayharE
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
EGAL.
First published in The Topeka State
Journal November II, 1921
SUPREME COURT SYLLABI.
No. 17.TeO.

Helen T. Stanley. as Administrators OF
the Estate of wyatt Stanley, Deceased,
Appellant,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
MACHINE SHOPS.

GUNS repaired and cleaned by experts.
H. =. Howard supply Co., ZIG Kansas
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12
No. IS, 149.
The State of Kansas, Appellee,

No. IS 149.
The State of Kansas, Appellee,
Roy Fulton, Guy Fulton and Ed Fulton.
Appellants.
Appeal from Allen County.
REVERSED.
Syllabus. BY the Court. Benson, j.
l. Upon an information charging distinct
offenses in separate counts in obtaining
property by means of false pretenses, the
value of property obtained as charged in
one count can not be added to the value of
other property obtained as charged IN an
other count in order to increase the latter
to a sum sufficient to sustain conviction
for a higher degree of crime than would
otherwise be shown.
The evidence is examined and held
insufficient to support the verdict.
An the justices concurrlng.
4 true copy. -
Attest: D. A. VALENTINE,
TSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-12

d. A. VALENTINE,
Clerk Supreme Court.
Evening journal., 1912-08-01
OPEN WINDOW
LETS GAS OUT
MOSIER ALIVE

Had not his bedroom window been
raised. allowing gas 10 escape, Floyd
II Mosier, a hreman employed on
the New York division Of the Penn
sylvania Railroad Company, and
boarding at the home Of Mrs. Annie
Ratlidse, No. 40S East Seventh
street would have been asphyxiated
this morning. Moiser was found un-
conscious at Ills o'clock this morn
ing by Mrs Ratlidge and for awhile
his condition was serious. Dr. u. R.
Spruance attended Mosier, who will
recover.
Mosier was reading in his bedroom
al midnight and being tired fell
asleep leaving the gas burning. Soon
afterwards the gas ran out in the
meter and when an additional quar-
ter was placed IN the meter, the gas
continued TO flow from the open Jet.
When Mrs Ratledse detected the odor
OF gas she made an investigation and
found Mosier almost unconscious.
The patlent did not respond 20
treatment as readily as was thought
and shortly before 2 o'clock he was
removed in the Phoenix ambulance 10
the Delaware Hospital
Evening journal., 1912-08-01
JOLLY THIRTY
PLAN OUTING

Members Of the Jolly Thirty Club,
comprised mostly of residents Of the
Eleventh ward, are looking forward
to their vacation at Bowers Beach
which begins August 10. with keen
pleasure The committee which IS
comprised Of Benjamin Green. John
ODonnell. James McKeown, William
Greenwell and Jessie Mccoy, have
practically completed arrangements
for the trip The cruising launch
Ruth Esther will leave here on Sat
urday. August 10. with the provi-
sions aboard, and BENJAMIN Green
and Frank Stephenson and Mrs.
Stephenson. the later being the cater
ers for the party. will leave on train
and have fried chicken dinner in
readiness for the members of the
club. when they arrive at the beach
on Sunday afternoon at 2 O'Clock
The members who will participate
in the outing are John and James
McKeovn. Lewis Kennedy. Frank
Naylor William Greenwell. James
Maloney. Richard Pietsch, NJ. Burke
William Haney. J. ODonnell. J. Swee-
ney. William Wilson. c. Lyman. John
joyce. c. Brinckley. c. McCafferty
William Holland. Ray Miles. William
NJ Connolly, Daniel OHearn, Lemuel
Fealey z Sharp. w Speakman. ]
Welch. y. Beikley, z. Ryan. Jesse
Mccoy and BENJAMIN Green.
Evening journal., 1912-08-01
FRUIT COMPANIES
WAR UP TO COURT

The United Fruit Company, New
Jersey corporation, in United States
Court yesterday through Ward, Gray
and Neary Of this city. Guggenheimer.
Untermeyer and Marshall, of New
York City, as counsel. filed a bill of
complaint against the Atlantic Fruit
and Steamship Company and the At
lsntio Fruit Distributors, ms, both
cornorations OF Delaware The com
plainant asks the court to enioin the
defendants from interfering with
contracts which the compliments
have with planters IN the republic Of
Colombia for the growing of bananas
A subpoena was issued returnable
the first Monday in September.
The United Company has contracts
with banana growers for their output
IN Central America. South America
and the West Indies. and operates
steamship lines to ports there.
The bill fled Yesterday alleges that
In March, 1912 Joseph Di Giorgo and
Salvatore ri Girodgo. the former
president of the Atlantic Fruit and
Steamship Company. and the latter
president OF the Atlantic Fruit Dis
lIluOLOlSs me- anu Nttlpun thhrA Art
sons at the city Of New York, con-
spired 10 destroy the compliments
business in the district OF Santa Mar
"a by depriving it of its rights under
the contracts with the planters and
Tor the purpose of carrying out the
conspiracy induced several planters
10 violate their contracts; that on
May 20. 1912, the defendants pur-
chased or agreed TO purchase the
plantations of eight planters who had
heretofore entered into contracts
With the United Fruit Company, and
Eeat on May %, 1912, received 4.75C
Msms or lunches Of bananas grown
an the said plantations and shipped
them by the steamship Prinz Jocnim
TO New York and refused 70 deliver
them to the United Fruit Company
Il is further alleged that on MAY
90, 1912. the defendants induced this
owners of eighteen plantations to de
liver bananas TO the defendants tt
the amount of 1895 stems. shipped
by the steamship Ida Cuneo, from
Santa Marta to New York
The bill is lengthy and with th'
exhibits, etc, numbers so typewriter
pages.