davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
LEGAL

used the proceeds of the note to conceal
ms defalcation. Held, that the grand
lodge was not liable in an action upon the
note even if it were shown that some of
Inc proceeds of the loan was applied in
payment of its obligations, for the reason
unauthorized acts at the time the pro-
ceedS were received
2. The grand lodge without knowledge
or notice of the loan or the execution of
the note commenced an action against the
bank where the treasurer had kept his ac-
1t claimed belonged in his account as
treasurer and which the bank had ap-
piled in payment of his individual debt
due the bank. Shortly afterwards a
treasurer paid the grand lodge the full
amount of the defalcation and took an as
s1gnment of its claim and cause of action
against the bank In an action against
the grand lodge upon the note executed
70 plaintiff the court charged the jury
that if after discovering the facts respect
ing the execution of the note the officers
of the grand lodge aided or assisted the
surety company in the further prosecution
OF the action against the bank such con-
duct on their part would constitute a
ratification of the unauthorized acts of
the treasurer and render the grand lodge
liable upon the note. Held, error for the
reason that upon payment of the loss by
the surety company it became subrogated
to the right of the grand lodge to assert
grand lodge had no further interest in or
control over the cause of action against
the bank or any power to prevent the
further prosecution thereof.
All the Justices concurring except
Mason, j., who did not sit.
A true copy.
Attest: d. A. VALENTINE
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
First published in The Topeka State
Journal May 10, 1871
NOTICE OF PROPOSALS FOR HAY
WANTED.

NOTICE OF PROPOSALS FOR HAY
WANTED.
Sealed proposals will be received by
the Board of Control at their office in
Topeka, Kansas, for the furnishing of $50
Tons of Alfalfa Hay and 125 Tons Of
Prairie Hay, for the Topeka State Hos
pitaI, up until 10 clock a. m. Thursday,
June g. 1913.
The price quoted should be upon the
basis of hay being delivered at the barn
of the Topeka State Hospital The hay
of both kinds must be sufficiently well
cured to be put in NOW and must grade
as NUMBER ONE Hay.
Bids should be addressed to the Secre-
tary of the Board of Control, Topeka,
Kansas, and marked on the outside of the
envelope Proposals for hay"
Each bid should be accompanied by a
certified check on some responsible bank
for $50.
The check of the successful bidder will
be returned to him as soon as contract
is entered into and bond for the fulfill
ment of contract is given and approved.
The checks of the unsuccessful bidders
will be returned to them promptly as soon
as contract is awarded.
BY order of the Board OF Control OF
State Charitable Institutions.
H. c. BOWMAN, Chairman.
f. NJ. BRADY, Secretary.
May 8. 1913.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
SEALED PROPOSALS.

SEALED PROPOSALS.
Sealed proposals for furnishing the sup
plies for the institutions herein named for
the six months period from.
191......, will be received by the Board of
Control at their office in Topeka until
1 o'clock p. M, Saturday. Observation-Disclosures.
The proposals shall be in writing sealed.
accompanied by certified check, and
ING SUPPLIES" and shall be addressed
to the Secretary of the Board of Control,
PENITENTIARY AND REFoRMAToRY
Particular attention is called to the fact
that We are for the first time buying
supplies for the State Penitentiary at
Lansing, Kan, and the State Industrial
Reformatory, at Hutchinson, Kan.
BIDDERS TO MAKE FLAT PRICES.
Bidders must make flat bid on articles
to all institutions. and not a different
price to each institution.
BIDS WILL NOT BE ACCEPTED.
Bids will not be accepted upon an item
for one institution, or only a few in
situations, but upon each item which you
bid it must be for all institutions, except
MEAT AND FLOUR, upon which you
may submit separate bids for each in
stitution or any one of them.
BILLS AGAINST PENITENTIARY AND
REFORMATORY.
All bills against the State Penitentiary,
az Lansing, and the State Industrial Re-
formatory, at Hutchinson. should be sent
direct to the office of the chief clerk of
the institution, and payment for the same
. will be made about the fifteenth of the
month following the delivery OK the goods;
provided, vouchers in duplicate are made
out and receipted for in due tcrrn and for
warded to chief clerks office before the
last day OF tn month in which goods are
delivered.
BILLS AGAINST THE OTHER INsTi-
TUFIONS.
The other institutions for which supplies
are asked Will make the vouchers and for
ward to the respective firms for their
approval, signature and notariaI certifi-
cate.
A bill in detail must be sent to each in
stltution at the time of shipment of any
supplies.
REFERRING TO TITLE PAGE OF
SCHEDULE.
Your further attention is directed to the
| title page of the schedule, on which we
| have set out other facts of importance
| to all bidders, and the careful reading of
| the same may prevent large number of
| Inquiries on points already covered.
| BOARD WILL BE PRESENT.
Members of the following boards will
| be present to select the desired goods:
| Board of Correction, Board of Admins
| tration and the Board of Control.
By order of the Board of Control of
| State Charitable Institutions.
H c. BOWMAN, Chairman.
| FRANCIS NJ. BRADY, Secretary.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
LEGAL.

such charge not amounting to a require
ment to equip the engine so as absolutely
to prevent the escape of fire.
4. The jury having found that the fire
originated from the engine the defendant
had right to have questions submitted
as to whether the engine was lacking in
proper equipment or whether the fire
originated from improper operation of the
engine by those in charge.
5. There must be coneensus of opin-
ion not only as to the liability of the de-
PENDANT but as to the essential facts Of
the case as well, in order to justify q
recovery.
All the justices concurrins.
A true copy.
Attest: d. A. VALENTINE
lSeaL1 Clerk OF Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
Attest. d. A. VALENTINE,
ISeaLl Clerk Supreme Court.
No. 1913.
]. L. Gurwell, Appellee,

No. is, 143.
]. L. Gurwell, Appellee.
VS..
Clark Floyd Shimeall Appellant.
Appeal from Norton County.
AFFIRMED.
Syllabus. By the Court. Smith. j.
Where an issue of fact, upon whiefp the
evidence is conflicting, determines the
verdict and judgment and a jury has re-
turned verdict thereon which was ap-
proved by the trial court and judgment
has been accordingly rendered, this court
will not disturb the judgment.
All the Justices concurrlng.
true copy.
Attest: d. A. VALENTINE.
ISeau Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13

No. 1875.
Bertha Miles earle, Appellant,
VS..
Edwin T. Miles, ct al, Appellee.
Appeal from Usage County.
AFFIRMED.
Syllabus. BY the Court. Benson, J.
l. The separate wills of two persons
which are reciprocal IN their provisions
giving the property of each to the other
are mutual wills.
2. Mutual wills made in pursuance of
an agreement IN consideration of recip-
roca1 gifts or devises are not opposed to
public policy nor contrary to the statutes
of this state.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 17,s0s.
Hannah C. Higman, Appellant,
VS..

No. II, sos.
Hannah c. Higman, Appellant,
Quindaro Township, Appellee.
Appeal from Wyandotte District Court.
division -
REVERSED.
Syllabus BY the Court. Burch, j.
Upon re-SurVey township highway
crossing a deep ravine with abrupt banks
was moved to one side distance of forty
feet. The old road was left open for
travel for it's full width up to the banks
of the ravine. The plaintiff, who was not
familiar with the conditions, fell into the
ravine and was injured while following
the old road on dark and misty night.
Held it was the duty of the township to
use reasonable precaution by barricade or
other safeguard to prevent travellers from
using the portion of the old road leading
up to the banks of the ravine, and that
the absence of a safeguard constituted a
defect in the township highway within
the meaning of section 65s. General Stat
utes of 1909.
All the Justices concurring.
A true copy.
Attest ID. A. VALENTINE,
ISeaL] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
LEGAL.
No. 1922.
The City of Moline, Appellee,

No. Is, 212.
The City of Moline, Appellee,
The Moline Drilling & Development Com
pany, Appellant.
Appeal from Elk County.
AFFIRMED.
Syllabus. BY the Court Benson, J
I. The municipal authorities of a city of
the third class had authority in October,
1902, to contract with gas distributing
company to furnish gas to the city and its
inhabitants, and to fix all charges there
for. claws of 1897. Chap. 81, sec. p
2. A formal acceptance of the terms
of the ordinance containing such a con-
tract is not necessary to bind the COM
pany where the facts show actual prac-
teal acceptance. The company enjoyed
all the privileges granted for term OF
years during which its charges were
made in conformity with the prescribed
rates Having taken the benefits Of the
grant the company must observe its con-
ditions.
All the Justices concurring:
a true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 1924.
E. L. Smyre, Appellant,


The Board of County Commissioners of
Kiowa County, Kansas, Appellee.
Appeal from Kiowa County.
AFFIRMED.
Syllabus. BY the Court. Porter, ].
l. A license to the owner of a building
permitting access to his second story by
a stairway of an adjoining owner may
be established by parol evidence of sub
seQuent ratification as we'll as by evidence
of precedent authority.
.. When such license has been so far
executed that d revocation thereof would
be a fraud upon the rights of the licensee,
an equitable right arises capable Of being
transferred to third persons and binding
on all parties who claim through or under
the licensor with notice.
3. Where two persons who own adjoin-
ing lots have erected thereon building
according TO a common plan by which
the only access to the second story of the
part belonging to one of them is though
hall and stairway built wholly upon the
part belonging to the other. the acqui-
essence by the latter in the continued use
of such passageway by the former will
constitute a license.
4. Where subsequent owner of the
premises upon which the stairway was
erected, with full knowledge of the facts,
permits the continued use of the same by
piled from his failure to object.
All the Justices concurring.
A true copy.
Attest; d. A. VALENTINE,
(SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 1850.
John Motzner, Appellee,

VS..
John G. Began. as Sheriff, Appellant
Appeal from Russell County.
MODIFIED.
Syllabus. By the Court. Benson, j:
l. Contracts for the conveyance of real
estate for a consideration to be paid by
the vendee who also agrees to pay the
taxes on the land and is given possession
are taxable against the vendor although
they contain provisions that the vendee
shall cultivate the land and apply one half
the proceeds of certain specified crops
each year in payment for it, and that the
contract shall be void upon default of the
vendee who may then be treated as a
tenant. and payments previously made
applied rent.
2 A clause in the contracts referred to.
that time is Of the essence of the agree
ment, does not relieve them from the
burden of taxation.
All the Justices concurrfng.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 1887.
Chas. Bateman. Appellee,

vs.
Carrie Sarbach Administrative, ct al,
Appellees,
And the Grand Lodge of Masons of Kan
sas, Appellant.
Appeal from Jackson County.
REVERSED.
Syllabus. BY the Court. Porter, J.
l. The treasurer of the grand lodge OF
Masons of Kansas, claiming to have au-
thority to borrow money for the grand
lodge, procured a loan from the plaintiff
and executed a promissory note therefor
signed by him as such treasurer He had
no authority to borrow the money or to
execute the note. lie was a defaulter and
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13

No. Is, 159.
c. A. Hess. Administrator of Estate OF
Gottlieb Hartwig, deceased, Appellant,
VS..
William Hartwig, Appellee.
Appeal from Allen County.
AFFIRMED.
Syllabus By the Court. West, j.
l. Section $40 of the Civil Code as
amended by the laws of 1911, chapter 70
does not prohibit a person from testlfylng
in a case between others as to transac-
tions and communications had personally
by him with a deceased person from
whom the parties to the litigation claim
title.
. The rule that in the absence OF an
affirmative showing of error in the IN
structions, or that the verdict is not Sus-
tanned by the evidence or that the an
swers to special questions were not sup
ported thereby or inconsistent with gen
eral verdict, the judgment must stand
followed.
All the Justices concurrinE.
true copy.
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. Is, lao.
Sarah Barker, Appellee,

VS..
The Missouri Pacific Railway Company,
Appellant
Appeal from Wyandotte County.
First Division.
REVERSED.
Syllabus. BY the Court West, ].
1. In fire case it is competent to show
that three days previously another fire
was discovered at or near the same place,
when similar train has passed
>. Jurors are not sensitive plants from
which every slight breeze or breath of
incompetent evidence must be excluded in
order to maintain their qualifications to
decide a case, and when the issues have
been fully presented and competent evil
dence has been heard touching the con-
fiicting claims it is not the policy of the
law to send the case back for another
trial unless the incompetency of evidence
received is such as fairly to show ma
teTial prejudice.
3. The jury having been properly in
structed as to the degree of care required
it was not error to charge that If the
plaintiff had proven certain facts she
would be entitled to a verdict unless it
was shown by the preponderance of the
evidence that the defendant was not
guilty of negligence in the operation of its
engine in failing to equip it with proper
appliances 10 prevent the escape Of fire,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. II, 412.
John Crane, Appellee,

No 17,12.
John Crane, Appellee,
VS.,
The Missouri Pacific Railway Company,
Appellant,
Appeal from Wyandotte County,
(Court of Common Pleas.)
REVERSED.
Syllabus. BY the Court. Johnston, c. j.
l. It is contributory negligence which
precludes a recovery of damages for an
injury sustained by traveller at rail-
road crossing in a collision with a train
of moving cars, where he stepped in front
of the moving cars that he saw, or
where there was nothing to prevent him
from observing his danger and avoiding
the injury if he had looked.
2 The special findings of the Jury show
that the injury sustained by the traveller
was due to his own want of care and,
hence. the general verdict must be set
aside and judgment given for appellant.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
EGAL!

of the Board of Control, Topeka, Kan.
By order of the State Board Of Control
and State Board of Corrections.
FRANCIS M. BRADY,
Secretary Board of Control.
H. c. BOWMAN,
Chairman, Board of Control.
7. w. MORGAN,
President, Board of Corrections,
April g. 1913.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
Ne. 1884.
P. E. Berg, Appellee,

NO 1884.
P. E. Berg, Appellee,
VS..
Greenberry Clancy ct al, Appellants.
Appeal from Hamilton County
AFFIRMED.
Syllabus. By the Court. Smith, J.
A tax deed good on its face which has
been of record more than five years dur
ing which time the holder thereof has
been in possession of the land conveyed
thereby can not be avoided or defeated
except in cases where the taxes have been
paid or the land redeemed as provided
by law.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. Is, 1874.
o. J. Ontjes, Appellee,

o. J. Ontjes, Appellee,
VS..
Myrtle Rhodenbaugh, ct al. Appellants.
Appeal from Ellsworth County.
REVERSED.
Syllabus. By the Court. Smith. J.
Under the facts of this case, the appel
lants were entitled to set up as a cross
demand or set-of damages for the wrong
full taking and injury of the horse IN
question.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
M IL 25S
NO. IS, 3oo.
State of Kansas, Appellee,

No S35S.
State of Kansas, Appellee,
f. NJ. Adams, Appellant.
Appeal from Shawnee County.
Division No. l.
AFFIRMED.
Syllabus. BY the Court Burch. J.
!. Under Chapter 49, Laws of 1911, pro-
vidinG a punishment for persistent vio-
ators of the liquor law, it is not necessary
that the former conviction which aggra-
Yates the second offense should occurr
subsequent to the date upon which the
statute became effective. MAY %, 1919
2 The act referred to contains but one
subject, which is clearly expressed in its
title and is supplemental legislation.
s. Former conviction of crime is a suf-
ficient basis for the classification of Of
tenders with respect to the severity OF the
punishment they shall receive.
4. Under the facts stated in the opinion
it was not error to refuse an instruction
that the mere finding of Intoxicating
liquor in the defendants possession in
his dwelling house would not alone be
prima facie evidence that such liquors
were kept for unlawful purposes.
All OF the Justices concurring.
A true copy.
Attest. d. A. VALENTINE.
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 1917.
A. A. Potter, Appellant,

a. "A. FOLItr, lAppeIIdHL,
VS..
Laura I. Beck ct al, Appeilees.
Appeal from Clark County.
REVERSED.
Syllabus. By the Court. Benson, J.
l. A mortgage of forty acre tract de-
scribed according to the government sur
vey covers lots within such tract as desig-
mated upon a plat previously filed for rec
ord by the owner which had not been
conveyed when the mortgage was given,
and were not referred to therein re-
served therefrom-
2. Where the taxes regularly levied for
certain years upon land described as the
s. w. 4 OF the s. E. Il of a section were
duly paid by the owner, tax deeds issued
upon sales of lots designated upon a plat
including a part of the same forty acre
tract for taxes levied upon the lots for the
same years are 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, 1913-05-13
FOR EXCHANGE.

TRADE FOR LOTS.
81, 700 good rental property. rooms, east
front, old shade; take $500 or less in
vacant lots.
GARLINGHOUSE REALTY CO.
Cos Kansas Ave Phone 1606-w.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 1884.
s. H. Morrow, Appellee,


Lycurgus Inge and G. T. Inge, Appellants,
Appeal from Hamilton County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
/. What pUrports to be a copy of the
official county paper, containing the notice
of the conveyance of unredeemed lands
sold for taxes found among the files of
the office of the county treasurer, al
though not required by law to be kept
there, is sufficient TO establish prina faeie
the contents of the published notice,
where evidence of a higher order can not
be procured.
.. A judgment will not be reversed be-
cause such a copy was admitted without
a showing that no better evidence was
pFocurable. where no reason is suggested
for supposing that the notice there con-
tanned is not genuine.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 1860.
The City of Arkansas City, Appellant,

No. 1850.
The City of Arkansas City, Appellant,
Roy D. Roberts, Appellee.
Appeal from Cowley County.
REVERSED.
Syllabus. By the Court. Johnston, c. ].
l. The essential requirement in an ac-
cusation is that the accused shall be in
formed as to the nature of the offense
for the commission of which he is to be
tried and with sufficient definiteness to
enable HIM to prepare for trial. Held,
that the complaint herein meets these re-
quirements-
2 One convicted of violating ordi-
nance of a city of the second class for
opposing and obstructing an officer in the
discharge of his official duties and which
prescribed a fine as punishment of the
offense may, under the provisions of sec
ton 1889 of the General Statutes of 1909
be adjudged to pay the costs and to stand
committed until the fine and costs are
paid.
B. The act purpoTting to give cities of
the second and third class the right to ap-
peal in certain cases Claws 1907. Oh. 26D
is not invalid because of defects in its
title.
All the Justices concurring.
A true copy.
Attest; D. A. VALENTINE,
ESeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
d. A. VALENTINE,
Clerk Supreme Court.

No. Is, 1873.
r. D. Hull and Samuel Gutsch, Appellees,
VS..
r. G. Tonkin, Appellant.
Appeal from Dickinson County.
AFFIRMED.
Syllabus. BY the Court Mason. ].
The evidence in action for a real
estate agents commission held sufficient
to authorize a recovery.
All the Justices concurring.
: A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-13
No. 1872.

No. Is. 132.
The Southern Nursery Co, Appellee
VS..
The Winfield Nursery Co. Appellant
Appeal from Cowley County.
AFFIRMED.
Syllabus. BY the Court R,1rch I
A nursery company in Tennessee filed
an order for a car load of nursery stock
from dealer in Kansas. In the absence
of special instructions to the contrary and
under custom understood and agreed
Hpon by nuxSeryrlen. the shipment was