davidaulloa/AmericanStories huggingface dataset:
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1913-10-01

Mrs. L. Wilb.r Reid. Mrs. Waiter
iMcCaffrey. Mrs. Mary +. Kelly
Mrs. Charles D. H>well, and Mr:.
Emmett Dunn, ar, IN Richm'nl az
tending the u. L. C., Convens",h'
representatives frtn the 18th V'r-
einia Regiment, L. D c.
Senator and Mrs. William Camp
bell. Miss Barbara Campbell anu Miss
Elizabeth Green, of Charlestown, w.
Va, are guests of Miss Kitty Bar
rett in Duke street.
Among the out-oftown guests at
the dance given last evening at Dunn
barton Club, Washington, were
Misses Elizabeth Herbert, Harriet
Douglas, Nellie Uhler and Eliza
Douglas.
Mrs, Richard Gibson has returned
TO her home in Rosemont after
visit with Mrs. William R. Spiller, IN
Wythevil(e, Va.
The Church of the Epiphany,
Washington, was the scene last night
at s o'clock of one Of the most beautl-
full weddings seen in Washington for
many years, when Miss Helen How
ard Wilson, daughter of the late MIR.
and Mrs. James Wilson, and Mr..
Thomas Perry Lippitt were married
before gathering of distinguished
residents of Washington, who filled
every pew. The ceremony was per-
! formed by the Rev. DR.. Randolph Nc
Kim, assisted by the Rev. DR. Free
land Peter.
A small and informal reception at
the Washington Club followed the
church ceremony.
Among the out-of-town guests at
the wedding were Senator ard Mrs.
William Campbell, Miss Elizabeth
Green, and Miss Barbara F. Campbell
from Charlestown, W. VaL; Mr.. and
Mrs. c. William Wattles, Mr.. and
Mrs. Henry Wattles and Miss Kitty
Barrett, all from Alexandria.
Later in the evening the bride and
bridegroom left Washington on their
wedding trip
Mr.. and Mrs. Lippit will spend the
coming winter abroad and at their
plantation in Porto Rico
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1913-10-01

DR.. A. ]. 3. Savage, physician of
the New York Press Club ani DR.. NJ.
+. May. CT New York, are spending
several days in Alexandria, from
which they expect to take side trips
to places Of interest in this vicinity.
They are registered at the Hotel
Rammel.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1913-10-01
SOCIAL ] !. AND! PERSONAL
Interesting News Notes About People
of Alexandria Happenings *
In Society.

Mr.. Miles K. Hancock, OF this
city, and Miss Nettie A. Mahon, for
merly of Lorton, Fairfax county,
were married at noon today at the
parsonage of Trinity NJ. E. Church
hy Rev. G. A. Luttrell.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1913-10-01
WOODWARD &I0IHR0P
10th 18th, T. and G Streets
WASHINGTON, d. c,
Open Stock" Dinnerware
In Many New Decorations

not unusu we ouu
Our show
at this time embraces v far the
treatment shown from the Simplest
those of elaborate floral and gold treatments
selections are mahtoo; N securing
desired useless dshes hed NC
bought; pieces readily replaced ana aoo'0a p''
Wish TO aoI TO inc se''
few of the moderately priced sets:
decorated American from $675
PC nglh Porcelain Dinner Sets $495 and up
nc Austlia Dinner $3.50 and
! Pc 500 90 ard up
French China Dinner Sets, S2S50 and up
100 nc Haviand China Dinner Sets $500 and up.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1913-10-01

Mrs. E. H. O.Brien, and Mrs. j. +.
Alexander, are in Richmond atterf-
ing the u. D. C. Convention. lnev
are delegates from the Mary GUSTS
Lee Chapter, U. D. G.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
LEGAL

vators, with whose operation ana use
they were perfectly familiar their expar-
renee having been gained in the principal
packing houses of Kansas City where
such elevators have been in common use
IN large numbers for many years. Held
the best evidence of the reliability or
unrenability of such elevators consisted
IN the demonstrated results of their use:
that with the facts relating to their per-
tormances before 1t the jury would have
been competent to judge or their safety;
and that the opinion evidence was i'm.
properly received.
B. A packing house company using an
elevator for the purpose of conveying
truck loads OF meat and the employees
handing the trucks from one floor of its
packing house to another owes such em-
ployees the duty of using ordinary care to
furnish an elevator reasonably safe for
such use.
4. The sudden fall of such an elevator
In the course of it's ordinary use by a
truckman, whereby he is injured, does not
warrant presumption of negligence con-
trlbuting to the injury on the part of the
employer.
s. The evidence considered and held
that the defendants demurrer to that
offered by the plaintiff should have been
sustained.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE
lSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
d. A. VALENTINE,
Clerk Supreme Court.
No. 1875.
Samuel E. Davidson, Appellant,


Robert S. Timmons. ct al, Appellees.
Appeal from Kingman County.
AFFIRMED.
Syllabus. By the Court. Johnston, C. J.
]. In order to secure q review of ruI-
ings of the trial court on the admission of
evidence and other proceedings in the
case it is necessary that the appellant
shall procure a transcript of the evidence
and proceedings upon which the rulings
depend, and in the absence of such Il
transcript the Supreme Court can not set
tie conflicting claims as to proceedings III
the trial court nor determine whether u
ruling on the admission of testimony Ie-
ferred to in the findings of nat court
may not have been controlled by evidence
admissions or waivers not preserved in
the record.
2 Where a party brings an action to
quiet his title TO land as against a claim
of an interest in the land by defendant
and asks to have such claim adjudicated
and the defendant answers setting up a
tax lien on the land and asks the court
TO protect his right to such lien, the court
is warranted in not only adjudicating the
right of the defendant to the tax lien bat
also in granting affirmative relief to him
by providing for the enforcement of the
tax lien found to exist.
8 D.. who owned tract of land aud
had given mortgage on it, made de-
fault when proceedings to foreclose the
mortgage were had which resulted in q
sale and deed to l. but which were sub
sequently determined to be absolutely
void. L. paid the taxes on the land ana
obtained a tax deed under which he took
possession of the land and continued to
nav the taxes thereon for a number OF
wears until it was judicially determined
fnat the foreclosure proceedings including
the sheriff's sale and deed We're absolute
Nv void and also that his tax deed was in
Valid. whereupon he was ousted from
possession of the land. L. brought an ac-
ton claiming a lien for the taxes paid py
him which was dismissed without pre-
judice about the time the present action
was brought by ID. to quiet his title 10
the land Held. under the facts found i,:y
%17.z Wis n he IN nf
that L. is entitled To tax lien on the
land, that his right thereto mad not been
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1871.

No. 1871.
LeaVenworth Fowler Appellant.
The Title { -Iaranty and Surety Company,
Appellee.
Appeal from Johnson County.
REVERSED.
Syllabus BY the Court Smith j.
1. A bond issued by an insurance com
pany for the purpose of indemnifying an
employer against loss by the fault of an
employee will not be held invalid because
not signed by the employee, although the
bond expressly so provides, when the
bond had been delivered by an agent of
the company to the insured and the prem
ium collected and when the company has
a separate writing, signed by the en-
ployee, which imports the same undertake
ing by the employee would his sigma
ture to the bond; on the contrary, the con-
dftion will be held to have been waived.
2. When such bond, containing a con-
dftion which renders it void at it's incep-
ton, is delivered to the insured and the
premium is collected by an authorized
agent, it will be presumed that the COM
pany waived the condition rather than
that it intended to perpetrate a fraud.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
LSeal.] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
LEGAL,

Inc basic facts must prevail over the
conclusion.
w mere the commerce clause of the
.ectloh TO traffic in Intoxicating liquor,
the courts are not precluded from an in .
termtne whether the transactions in
vowed constitute legitimate interstate
commerce. or are colorado merely and
INTENDED to eVade and defeat the Just
operation of the constitution and laws Of
this state.
.. citizen of this state whose business
- prompted here can not, under the
gulse OF moving his stock in trade across
the state line and other shifts or devices
70 eVade the statutes of the state con-
tlnue the prohibited business here and be
immune from the penalties of our law.
All the Justices concurrlng
true copy.
AtteSt d. A. VALENTINE
lSealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 1921.
The City of Emporia, Plaintiff.

No. 1921
Ihe CITY of Emporia, Plaintiff
me Atchison, Topeka & Santa Fe Rail-
way Company, Defendant
original Proceeding in Mandamus
PEREMPTORY WRIT ALLOWED.
oylapus BY the Court Burch l.
l. The courts have no general super-
Nsory power over the policy of municipal
legislation. The extent to which the well
rare or city and of the travelling public
VIII De promoted by opening city street
through q railway embarrassment which
Wfonsfully obstructs it, leaving the raj
way tracks upon viaduct, is not a judic-
lal question. The power of the city over
the subject is legislative and the courts
can interfere in such cases only because
OF some constitutional impeachment or lack
OF legislative authority on the part of the
city, or because the conduct of the .ity
Is so arbitrary, capricious, unreasonable
ana subversive of private right as to in
dictate an abuse rather than bona fide
exercise of power.
Z The pleadingS examined and held TO
present no valid objections to the enforce
ment OF an ordinance requiring the de-
Iendant to open a street which 1t OBJ
structs in the manner stated, by the con-
structlon OF a subway under its tracks
All the Justices concurring.
a true copy.
Attest: d. A. VALENTINE,
lSeaLl 49, Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
st: D. A. VALENTINE.
III Clerk Supreme Court.
No Il, $50.
The City of Emporta, Appellant,

The CITY OIL tlIIlpOTlds <apPGlldlll,
The Emporia Telephone Co.. Appellee
Appeal from Lyon County.
On Rehearing.
FORMER DECISION ADHERED TO.
Syllabus BY the Court Benson, j
l. The conclusion stated in the syllabus
in City of Emporia V. Telephone Co., 81
Kan 1855, 124 Pac. S95, that the provisions
of the old ordinance remain in force IN
Guiding the rates prescribed therein, IS
upon re-hearing, adhered to.
3 The mayor and council of cities or
the second class have no authority to con-
tract for rates for a term of years for
telephone services to be furnished to the
Inhabitants of the city after the state by
direct legislation through a commits
sion, or other lawfully delegated author
ity has acted upon the subject.
g. The principle of estoppel applicable
to public service corporation claiming
that its contract with a city was ultra
wires the municipal corporation is con-
sidered and applied.
T. The rates for telephone charges pre-
scribed in an ordinance adopted and &C
cepted in the year 1900, and agreed to by
an assignee of the privileges granted by
such ordinance in the year 1905 as a con-
dition of the municipal consent to the
transfer (such consent being necessary
under the terms of the ordinance) VIII
govern until action is taken by the state
or by it's authority.
All the Justices concurriag.
a true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1885.
The City of Hutchinson, Appellee,

No. IL, $780,
The City of Hutchinson, Appellee,
John L. Danley, substituted for Clinton
G. Hutchinson, Appellant.
Appeal from Reno County.
AFFIRMED.
syllabus. BY the Court. Johnston c.. J.
l.. The ordinary meaning of the word
adjacent is close, lying near to but not
actually touching.
2. In Section 5 of Chapter 100 of the
Laws of 1877, an act relating to the vaca-
ton of town sites and parts thereof, it
was provided:
1.-The alleys, streets other public
reservations so vacated shall revert to the
owner or owners of lots adjacent or abut-
ting thereto, according TO the frontage
of said lots or land
Held, that the word adjacent as there
used applies to and includes lots fronting
on a vacated park which is surrounded
by streets and under that provision the
park when so vacated reverted to the
owners of such lots.
All of the Justices concurring.
A true copy.
Attest. d. A. VALENTINE,
tSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
LEGAL
Published in The Topeka State Journal
January IA, 1881
SUPREME COURT SYLLABI.
No. 1887.
John Stewart, Appellee,


The Henningsen Produce Co, Appellant.
Appeal from Cloud County.
REVERSED.
Syllabus. BY the Court. Porter. J.
l. The prima facie rule of construction
of contract for the sale of goods not in
existence but to be produced by the seller
is that the parties intended that the
property vested in the buyer and the
right to the price in the seller as soon as
ascertained goods; and the inquiry IN
such a case must always be whether
there is any sufficient indication of a con-
tEary intention.
2. Where the goods contracted for are
entire quantity and there is nothing
in the circumstances of the case to indi-
cate a contrary intention, the risk of loss
attaches to the quantity OF goods only
wAen completed and ready for delivery.
and not to each separate instalment as
completed and ready for delivery.
3. Plaintiff agreed to sell and defend
ant to take at specified prices 1000
pounds each of whites and "yolks'' of
eggs; the product known as ''egg-meats"
was to be put up by plaintiff in fifty
pound cans from number one ''candled
cold storage and delivered 'f. o. D.
plaintiffs station as ordered out by de-
PENDANT. The contract was entered into
in April and the plaintiff was to pay all
charges up to January first for storage.
insurance and interest. The quantity
bargained for was not completed and
were all shipped on defendants order, re-
ceived in good condition and paid for.
Inc yOIkS were OTOcEGd OUT III the III
lowing March and were found to be rot
ten and unfit for consumption. In an
action for the price of the yolks it is held
that the contract was entire and ~
Invisible; that the property passed Ocz.
tober 18th, when nothing remained to be
done by plaintiff to put the goods in
deliverable state. and that any loss oc-
curing after that time was the de-
PENDANTS.
4. While a provision that either party
shall insure the goods contracted for Is
some evidence that the risk of loss was
assumed by him, II is not controlling
either in the determination of that ques-
ton nor the question when the title to
the property passes. In this case 1T is
held that the stipulation that the seller
should pay the cost of insurance up to
er's Instance, was intended to be for his
benefit only from the time the property
passed and he acquired an insurable in
terest and that the stipulation does not
indicate that until January first the self
err should retain the title.
5. A person who has had nine years
experience as manager of cold storage
serve the condition of frozen products
kept in storage is qualified to state his
opinion whether a product such as egg
meats having been once solidly frozen
will thaw in a temperature lower than
the freezing point.
6. Where the jury return evasive and
equivocal answers to special questions
the court should or motion of the party
submitting the questions require the jury
20 make answers definite and unequivoca,.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
TSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 17,SS7.
G. w. Riley, Appellee,


G. w. Riley, Appellee,
vs.
Allie G. Day, Appellee, and Gertie Nc
Caffrey, Appellant.
Appeal from Stafford County.
REVERSED.
Syllabus. By the Court. Johnston. C. J..
l. Under the adoption act a child legal
~ adopted takes the name of the adopt
ing parent and is given the same personal
rights and is entitled to the same rights
of inheritance a natural child
2. The amendment of 1891 of the act
concerning descents and distributions
(Genl. Stat. 1909. Sec. 1850 did not repeal
or limit the rights conferred on an
adopted child by the adoption act and To
which he was entitled prior to the amend
ment mentioned.
3. The words living issue as used In
the amendment were employed by the
legislature in the sense of living children
and, hence, an adopted child of a prior
deceased daughter of an intestate does
inherit portion of the estate of such IN
testate through her adopting mother.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
LEGAL,

such refusal. -
=. Inc measure of damages in such a
case, where the ultimate collection OF r -
ciaIn mas not been defeated, would ordi-
tnIaIiiy be the interest the amount or
the 1me payment has been delayed
o. In an action to enforce such liability
!ne Iacl that the performance of the duty
N question has been enjoined by q court
o. competent Jurisdiction is not a defense
Mhefe the claimant was not a party to
me proceeding, or where the ground of
s s Injunction was the failure of the Of
All the Justices concurring.
A true copy.
AfStteSI' D. A. VALENTINE
tSedlJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1854.
d. T. Dennis, Appellee,


Guy Perkins and Starr Perkins, Appel
lantS.
Appeal from Reno County.
REVERSED
Syllabus. By the Court. West. J.
l. Reconciliation and the resumption
of marital relations do not necessarily
avoid separation agreement previously
made by the parties, such effect depend
ing on the question whether the pro
visions of the contract and the conduct
and circumstances show an intention to
treat the agreement as no longer in force
2. Such reconciliation and resumption
do not warrant the court in deeminS
such contract avoided any further, if at
all, than its terms taken in connection
with the situation and conduct of the par
ties indicate their intention to avoid it.
8. The right of inheritance in the prop
erty of the wife is not to be denied the
husband unless such purpose be express
or clearly inferable.
4. In suit by the husband to quiet his
title to property of his deceased vile
against her children, both parties claim
ing to inherit from her, he is prohibited
by section 800 of the Civil Code from ties
tifying to transactions and communica-
tons had personally with her.
All the justices concurring.
A true copy
Attest: u. A. VALENTINE,
ISeaL1 Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14

No. II, 923.
Walter Williams and C. T. Hellums, Part
ners doing business as the o. K. FAM
lily Laundry, Appellees,
w. w. Brown, Appellant
Appeal from -Sedgwick County.
AFFIRMED.
Syllabus. By the Court. Smith, j..
Where one is employed to sell properly
for another and is authorized to pay from
the proceeds of the sale certain specified
debts of his employer, he is liable in an
action therefor by his employer for the
balance of the purchase price of the prof.
erty received by him, less his commission
and such disbursements as ne has made
BY the direction of his employer.
Ali the Justices concurring.
A true copy
Attest: D. A. VALENTINE.
ISealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. Is, Ais.
H B. Cowles, Appellant,


school District No. IS, Shawnee County.
Kansas, Appellee
appeal from Shawnee County
(Second Division,)
AFFIRMED.
syllabus. By the Court Johnston T, 7
l.. Under Chapter 257, Laws of 1911.
which authorizes the voting and Issuance
or bonds for the building of school houses
IN cities and school districts in excess of
the amount permissible under limitations
IN Iorce when the act was passed, provis-
ION Is made that the permission to vote
an excess amount must be obtained from
the Board of School Fund Commissioners
or the State through a petition of one
nalf OF the electors of the district asking
the board Of education or school district
board to apply to the State Board for the
desired permission, and it is herein held
that the purpose of the petition of the
electors has been subserved when it has
been presented to the school district board
and the prayer of the petition is granted
and 1T is also held that the electors who
signed the petition asking the school dis
trict board to make the applica ton to the
State Board have no right to withdraw
their names from the petition after IT is
presented to and final action has been
taken thereon by the school district
board.
2 Signatures to such petition may be
legally attached by an agent of the petit
toner.
8. In the petition and order of per
mission herein the full amount of addi-
tfonal bonds permissible under the act of
1911 was asked for and allowed substan-
tally in the language of the statute and
they are held to be sufficiently definite
to the amount of bonds desired and
to be voted upon and also that the pro-
ceedings up to and including the vote upon
the bonds were in substantial conformity
with the statutory requirements.
All the Justices concurring.
a true copy.
Attest. d. a. VALENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. II, S74.
The Z. w. Smith Lumber Company a
corporation, Appellant,

NJ. 1853.
The Z. w. Smith Lumber Company a
corporation, Appellant,
F. J.. Arnold, ct al, Appellees.
Appeal from Sedgwtck County.
Div. 2.
REVERSED.
Syllabus. BY the Court. Porter J.
L. A purchaser of vacant lots under an
oral contract by which he agreed to pav
part of the purchase price in cash, the
balance when deed was delivered, with
the understanding that he was to erect
houses on the lots, took possession before
making the cash payment and contracted
for labor and material which were used
in erecting the houses. Held, that he as
quired the equitable title and that lien
for the labor and material attached
thereto.
=. In such case, under the facts shown
in the evidence and stated in the opinion
it is held that the vendor is estopped oy
his conouct to claim, against persons
contracting with the purchaser for labor
and material used in erecting the houses.
that the cash payment was a condition
precedent to the VeSting of the equitable
title.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
1Seal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
First published In The Topeka State
Journal January 8, 1871

KESOLVED, That the mayor and board
Of commissioners of the City of Topeka.
Kansas deem 1t necessary for the best
interests of said city that Boswell avenue
from the south line of Tenth avenue TO
the north line of Sixteenth street be grad
ed, curbed with combined curb and gutter,
asphaltic concrete on a four "a inch con-
crete base.
w. G. TANDY, Commissioner.
]. c. b. Burge, city clerk OF the City OF
Topeka, Kansas, do hereby certify that
the above and foregoing is a true and cer-
rect copy of the original resolution now
on file in my office
ISeaLl C. BABURGE,
City Clerk.