davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
LEGAL.

through and over Tenth avenre IN +ha
western boundary of said city: also an
elecerlc railway line from and connectfnr
WIN It's present Kansas avenue line at
ElsnIeenth street, southwark through and
over kansas avenue to Twenty-firsf street
IN said city; also an electric railway line
II from n ana connecting with its present
oiAt1 avenue line at West street south
Waru on west street to Eighth avenue
nee westward Eighth avenue to
Sutilnllt avenue in said city, was presented
ana read IN full for the first time.
On motion of Commissioner Bone re-
M. same day -
Two thirty o'clock p. M. having arrival
present i "eiHS
commissioner Newland moved that the
contract for the special Illumination Of
certain streets and avenues be awarded
70 the fucker Electric COMPANY using
the Topeka Foundry pole thew heinz the
lowest bidder and within the engineer.s
eesTninate, which motion prevailed by the
IolloWlng vote: Ayes COMMISSIONS
Bone, Newland Porter and Tandv and
Mayor Cofran-5 ~
Commissioner Newland moved that the
certfied check of the unsuccessful bidder
De returned, which motion prevailed
Electricians bond of the Tucker Ela.-
trlc Company in the sum of 100000 given
by the Lion Bonding & Surety Co was
presented and approved by the following
vote; Ayes, Commissioners Bone. New.
land, Porter and Tandy and Mayor COT
ran--5. .-. W.
Plumbers bond of States Bros. in the
, ing & Surety Co. was presented ana On
proved by the following vote: AYES
Sonnlssioners Bone, Newland Porter
ana randy and Mayor Cofran-5.
NO further business appearing. on mo-
ton of Commissioner Bone conmission
ADJOURNED to meet at nine O'Clock a. m.
july 10. 1913 " Aii''
tseaL1 c. B. BURGE.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
First published in The Topeka State
Journal July g. 1851
SCHOOL HOUSE.

Sealed bids will be received by the
Board of Education of Burlingame, Kan
sas, up to twelve o'clock noon, July 18th,
1913 for furnishing material and labor
necessary to construct an addition and
remodeling to present school building ac-
cording to plans prepared for same by
J. C. Holland and Son, Architects, Topeka.
Kansas.
Plans may be had by addressing the
architects, also can be seen at office OF
F. NJ. Nelson, Secy. Board of Edueation,
Burnngame, Kan.
The right is reserved to reject any or
all bids by order of the Board of Educa-
F. NJ NELSON, Secy.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
No. 1880.
NJ. A. Duncan, Al

No. 1880.
NJ a. Duncan, Appellee,
The Atchison, Topeka and Santa Fe Rail-
way Company Appellant
Appeal from Summer County
AFFIRMED
Syllabus. By the Court Porter 7
Upon the facts. stated in the opinion it
is held that finding that deceased in
the performance of his duties as head
brakeman stepped from a moving freight
train, that he was exercising ordinary
care at the time and that his death was
caused by the negligence of the defendant
railway company, was not based upon
mere speculation nor drawn from facts or
conditions ina gined assumed.
All the justices concurring.
A true COPY.
Attest: d. A. VALENTINE
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
d. A. VALENTINE,
Clerk Supreme Court.

No. 1921
G. B. Van ArsdaIe, Appellee,
vs.
The Baldwin Piano Company, Appellant.
Appeal from Stafford County.
REVERSED.
Syllabus. BY The Court Benson. J
An order and contract for the consign-
ment of piano are examined. and held
to create an agency, and that a mortga ge
made by the agent is not effective against
the principal.
All the Justices concurrtng
A true copy.
Attest: D. A VALENTINE
CSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
No. 1885
John Haughton, ct al. Appellants,

! John Haughton, ct al. Appellants,
vs..
w. J. BilSon, ct al. Appellees.
Appeal from Greenwood County.
AFFIRMED.
Syllabus BY the Court Rurch J.
1. When deciding whether or not a petit
ton for new trial founded upon newly
discovered evidence should be granted the
court considers the pleadingS and all the
evidence offered at the trial in connection
with the evidence offered in support of
the petition for new trial and upon the
whole case determines whether or not the
verdict or decision given at the trial
was wrong. CIV. Code, sec. 300
@ When the trial of the action was by
the court without a jury order denying
a petition for new trial based on newly
discovered evidence will not be reversed
If upon the whole case considered in the
manner stated in paragraph the decision
is sustained by the evidence.
g. The court is not obliged upon re-
ouest to state findings of fact and con-
illusions OF law separately when ruling
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09

First published in The Topeka State
journal wednesday, June 20, 1881
IN THE DISTRICT COURT OF SHAW
IT., 1,,, NEE COUNTY. KANSAS.
Inc Hill investment Company, a CORPORA
ton, Plaintiff.
VS..
David L. Lakin, his unknown heirs
44evlseesi executors administrators. trus-
Franklin L. Crane, his unknown heirs.
devisees; executors. administrators, trus-
Harris F. Otis, the unknown heirs.
devisees executors, administrators, trus-
tees and assigns of Harris F. Otis.
Septmus ID, Cabaniss. his unknown
heirs, devisees, executors, adrninistrators.
trustees and assigns
Mary ID. Holiday, her unknown heirs.
dev1SeeS, executors, administrators truss
tees and assigns,
Daniel H. Combs, his unknown heirs,
tees, and assigns,
p. H Goodrich. the unknown heirs,
dev1sees, executors, administrators, trus-
tees and assigns, of p. II. Goodrich,
Josette Gonvil the unknown heirs.
devisees, executors, administrators, trus-
tees and assigns, of Josette GonvfI,
s.. l.. Seabrook. the unknown heirs,
devisees, executors, administrators, trJs-
tees and assigns of s. L. Seabrook,
William Hudgins, his unknown heirs,
devisees, executors, administrators, trus-
tees and assigns, and
F. l. Crane. the unknown heirs. devisees,
executors. administrators, trustees and
assigns of the said F. /. Crane, Defend
ants.
No. 28117.
PUBLICATION NOTICE
The defendants above named are notf-
fled that they have been sued In the above
entitled court in the above entitled action
and that they must answer the petition
filed by the plaintiff therein On or before
the 9th day of August, 1913, said petit
ton will be taken as true and Judgment
rendered quieting and perfecting plaintiffs
title to the following described property
lying and situate in the County of Shaw
nee and State of Kansas, to-wit:
Lot No. Twenty-three C20 on Bruce
street in Forrest Addition and lots
Eighty-seven and Eighty-nine (s7 &
$50 on Adams Street in Cranes Addi-
ton, all in the City of Topeka, ac-
cording to the recorded plat there
of,
excluding the defendants from any in
terest therein and perpetually enjoining
them from thereafter asserting any title
to said property.
TSeaLl LOVE &, WRIGHT,
Attorneys for Plaintiff.
Attest: c. W. BOWER,
Clerk of District Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
No. 1905.
Florence Edwards, Appellee.
D. A. VALENTINE,
Clerk Supreme Court.


Union Pacific Railroad Company, Appel
liant.
Appeal from Ellis County
AFFIRMED.
syllabus BY the Court. Porter ]
I. Upon the facts stated in the opinion
1t is held that whether or not the PLAINTIFF
was guilty of contributory negligence in
walking along Il depot platform so near
to the tracks that she was struck by the
engine of an incoming train which she
was intending to board, was a question
for the jury.
2. Upon the facts stated IN the opinion
it is held that the question whether de-
PENDANT was negligent in the manner in
which it constructed and maintained its
depot platform was likewise one for the
fury to determine.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
d. A. VALENTINE.
Clerk Supreme Court.

No. 1894.
Thomas P. Leonard, Appellee,
John Hartzler, ct al, Appellants.
Appeal from Sheridan County!
AFFIRMED
Syllabus BY the Court. Johnston, c. J.
l. Insolvency of a corporation and the
appointment of a receiver to manage it's
business and wind up its affairs do not
work a dissolution of the corporation, nor
will these things, of themselves, impair
its capacity to sue or to enforce judgments
previously obtained
2 1t devolves upon the appellant who
alleges that a ruling is erroneous to show
affirmatively from the record that pre-
judicial error was committed
All the Justices concurr1ng.
A true copy
Attest: D. A VALENTINE,
[Seau Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
LEGAL

OF and that such failure did not contrib
ute thereto, no recovery can be had.
All the Justices concurriug
true copy.
Attest: D. A VALENTINE
lSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
No. 1928.
The State of Kansas, Appellee,

No. 1928.
The State of Kansas, Appellee,
VS..
Alice NJ Miller, Appellant.
Appeal from Sedgwick County.
First Division.
REVERSED.
Syllabus BY the Court West J.
/ The legislature by section 1882 OF
General Statutes of 1909 made the willful
administration to any pregnant woman of
any medicine, drug. or substance what
soever. or the employment or use of any
instrument or means whatsoever, with in
miscarriage Of such woman, with no
medical advice or necessity therefor,
misdemeanor regardless of the character
of the things administered or used.
2 The term ANY instrument or means
whatsoever is not limited by the rule OF
ejusdem generis rules Of construction ap-
plying only in case ambiguity or uncer-
tainty calls for aids to a correct construc-
ton of statute
g. The matter of requiring a bill of par
ticulars in a criminal case is discretion
airy and when no abuse of discretion is
shown no error is committed in refusing
such bill.
T. The statute prescribes the time and
manner of instructing juries. and if at
the opening of term it IS thought best to
address the panel generally touching their
duties. care should be used to avoid sug-
gestions or statements likely to influence
their decision when called upon later to
sit in a given case.
5 Inc theory of the State was that the
father brought his daughter to the de-
PENDANT to be relieved of a trouble which
he had caused, and that she was received
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
d. A. VALENTINE.
Clerk Supreme Court.

No. 1888.
]. f. Weeks, Appellee
VS.
The Seymour Packing Company, a Cor
poration, Appellant
Appeal from Shawnee County.
Second Division.
REVERSED
Syllabus. BY the Court Smith. l.
Where it clearly appears in an action
for personal injuries under the factory
act, that the injuries did not result from a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
D. A. VALENTINE.
Clerk Supreme Court.
No. 1891.
Kepple Disney, Appellee,

VS.,
Michael Lang. ct al, Appellants.
Appeal from Ellis County
REVERSED.
Syllabus. By the Court. Johnston, G. j.
L Fraudulent representations made by
the grantor of land as to the number of
acres taken and occupied as the right of
way of a railroad through the tract sold
and upon which the grantee relied to his
injury entities him to a recovery of dam
ages for the loss actually sustained al
though he learned from the instrument of
conveyance and other sources that the
railroad company had right of way over
the land but did not know the extent of
the same.
2. On the testimony in the record it is
held that there was a question of fact
for the determination of the jury as to the
fraudulent representations of the grantor
and the reliance of the grantee thereon
to his damage, and therefore a demurrer
to the evidence offered by the grantee IN
support of his defense should have been
oveTruled.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
PHYSICIANS and SURGEONS.

DIR ARMSTRONG, 135 Kansas ave, 2 to
D. m. free. Those not able to pay.
DIR. ]. NJ. JAMESON. s27 Madison. Special
diseases. Phone $50.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
LEGAL
published in The Topeka State Journal
July 9, 1913
SUPREME COURT SYLlADI.

No. 1850
Jennie Buchanan, widow and admins
tratrix of the estate of f. r. Bu-
chanan, deceased, Appellee,
VIM A Blair and j. Wesley Blair, part
ners as Blair Elevator Company,
Appellants.
Appeal from Atchison County
AFFIRMED.
Sylla BY the Court west, j.
An elevator operated by machinery, ana
used for buying. selling, storing, cleaning,
<sorting Smelling and mixing gram, nm
proving its grades, and converting 1t into
new and improved or different form, by
Smelling corn and cleaning wheat. is, with
in the provisions of the factory act mani
$50 Gen Stat. 1909 secs 46I6-46S3)
All the justices concurrins.
A true copy. -
Attest: D. A NALtiN II y =,
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09

finally upon petition for a trial
based on newly discovered evidence.
All of the Justices concurring.
true copy.
Attest: d. A. VALENTINE.
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09

No. 1SS49.
The First National Bank of Olathe, Kan
sas, Appellee,
VS..
H G. Livermore, and J. c. Nichols,
Administrator of the Estate of NJ.
G. Miller, Appellants.
Appeal from Johnson County.
AFFIRMED.
Syllabus BY the Court Mason J.
1. 1t is assumed, but not decided, that
q cashier has authority in virtue of his
office, to extend the time of payment of
note belonging to the bank, even if
sureties are thereby released, where new
security is taken.
2. Where a new note payable at a
future date, is taken for the same debt
evidenced by a past due note, which is
not surrendered. the parties are presumed
to intend that action on the old note shall
be suspended until the maturity of the
new one, in the absence Of anything to
indicate contrary contention.
8. Where one of the principal stock
holders, who is also a director, signs a
note with the corporation. given to raise
money tor its benefit. intending to be
bound only only as surety, he is not en-
titled to the same liberality of treatment
that the law accordS to volunteer sure
ties; and where the corporation is granted
a valid extension of time, without his
knowledge. he is not thereby released
from liability unless he suffers some in
jury therefrOm.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE
ISsALI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
No. 1892.
Frank O'Neil, Appellant,

NO. 1857.
Frank O'Neil, Appellant,
VS..
w. A. Eppler, Appellee
Appeal from Ellis County.
REVERSED.
Syllabus. By the Court. Burch J.
1. The statutory definitions of the
terms residence and usual place of
residence applied to the facts and held
that the service of a summons returned
as served al the appellants usual place
of residence void.
2 In action to enjoin the execution
of a money judgment void for want of
any service the plaintiff is not required
to plead in detail and fully prove d meri-
torious defense to the cause of action
upon which the Judgment was founded.
1t is sufficient that he satisfy the court
by a fair showing that he is not simply
delaying justice by compelling the ad-
verse parry to resort to regular procedure.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09

First Published in The Topeka State
Journal Wednesday. June Is, 1871
State of Kansas, Shawnee County, S.
In the Matter of the Estate of William
Reinsch, late of Shawnee County, Kansas.
NOTICE OF APPOINTMENT.
Notice Is hereby given that on the list
day Of June, 4. d. 1872 the undersigned
was by the Probate Court of Shawnee
County, Kansas duly appointed Adm1s-
traitor with the will annexed of the estate
of William Reinsch, late of Shawnee
County, deceased. All parties interested
in said estate will take notice and govern
themselves accordingly.
FRANK REINSCH. Administrators.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09

Nettie Hunt and C. NJ. Hunt, guardian of
Charles Hunt and Mabel Hunt,
Appellees,
John D. Remsburg, Administrator, APP
pellant.
Appeal from Allen County.
REVERSED
Syllabus BY the Court. West J.
l. The decision in Hunt V. RemS burg,
So Kan 665, 112 Pac. 500, was an adjudica-
ton that the insurance money involved
belonged to the estate and not to the
plaintiffs, and was binding the parties.
,. This appeal amounts to a second ap-
plication for rehearing of the former
case and the decision thereof and the
opinion therein are adhered to.
All the Justices concurrlng.
A true copy.
Attest: d. A VALENTINE.
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09

First published in The Topeka State
Journal Wednesday, June 20, 1881
IN THE DISTRICT COURT OF SHAW
NEE COUNTY, KANSAS
Inc Hill Investment Company, a CORPORA
ton, Plaintiff
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09
No. 1882.
]. D. Gilmore, Appellee,

NO. 1852.
J. D. Gilmore, Appellee,
VS..
r. F. Harpster, Appellant,
AppeaI from Sheridan County.
REVERSED.
Syllabus. BY the Court. PorteF' >.
/ Where, after "A Judgment has been
assigned the assignor, a corpora tlon Is
dissolved. no revivor in the name of the
assignee is necessary and the Judgment
may be kept alive by execution issued IN
the name of the plaintiff corporation after
its dissolution
= 2 A Judgment may be assigned by parol
and after the assignment may be enforced
nv the assignor in the name of the orig
inal plaintiff.
All the Justices concurring.
a true copy. -
Attest: d. A VALENTINE,
ISeaII Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-09

No. 1884.
George C. Griffin and Mary L. Griffin,
Appellees,
The day book., 1913-12-05

men would not come here expecting
to get work
The professor is. a trif1e inconsist-
ent, if he is speaking as the acting
head of the United Charities, and not
merely f1gurehead, as some people
have come to believe.
The United Charities does not con-
fine its begging to Chicago nor to the
state of Illinois. In one instance, it
exploited the misery of a woman to
|Nbeg funds from people in California.
If it is the policy of the United
Charities to gather it's little drops of
water and little grains of sandP from
all over the country by exploiting the
misery that comes to it's notice in this
city, surely the men from the states
and cities from which contributions
have been sent to the U. c. have a
right to be helped by the U. C.
The professor goes on to make
quite an ardent plea-in connection
with his position on the committee
appointed by the mayor, which COM
mittee is going to devise recon-
mendations to the mayor and city
council for relief THAT the people
of the city should contribute to the
United Charities now above all other
times, and throws the scare that this
winter threatens to be repetition of
conditions which existed during the
years 1907 and 1908.
AS matter of fact, the unemploy-
ed in Chicago last winter numbered
100000. A whisper Of protest against
such conditions aroused the mayor
and he appointed a committee COM
The day book., 1913-12-05

harmless bill that could possibly
and evidently not intended to help anyone.
however that since the bill said something
about starting employment bureau in this similar
than the United Charities the controlling
anything that the possibly hands
nofenve, showing
the U. C.
speaking the revived"
sheleless, jobless hungry
of the committee
The day book., 1913-12-05

at once take up the report of the com
devising recommendations to the
mayor and city council for relief.
Right here it is necessary to pause
and reflect on the fact that Prof.
Henderson, in his capacity as presi-
dent of the United Charities, which is
taking up a collection of $350,000 for
the professed purpose of taking care
of the unemployed this winter, is
pledged to do this work through the
organized charity trust, therefore it is
rather peculiar that his committee
will devise recommendations to the
mayor and city council for relief"
If the United Charities is honestly
collecting this money, the U. c. will
take care of the problem according
to their boast and their begging plea.
If the mayor and the city council are
to take care of the unemployed, why
is the United Charities fleeing the
charitably inclined out Of that $780,
900, and collecting some of it from
workers who are making $40 sal
aries?
Prof. Henderson continues: Eve
shall also attempt to get permanent
state legislation for the relief of con-
ditions which every winter are found
in Chicago" ;"
1t is evident that that legislative
relief will have to be something that |
with United Charity |
plans, else the professor may travel |
to India when the bill is in Spring |
field, unchaperoned, as he did on the
last occasion.
The Washington herald., 1913-03-09
LOUISE RANDOLPH WILL
BE SEEN IN STRONG PLAY

The proposed presentation of Damaged
Goods" by Eugene Brick. brings to mind
the fact that one Of the most powerful
plays from his pen is Maternity" which
has been done privately in this country
several times. and will be done in the
fall by Louise Randolph. who Is q strong
dramatic actress, and who had this play
In view for presentation at the Fine Arts
Theater In Chicago last spring. Miss
Randolph has been in negotiation with
the author for some time. and has sue
ceeded in arranging for the presentation
of the play later In the season, possibly
In New York. Chicago. and a few other
important cities. Maternity Is consid-
cred the most powerful play from the
pen of this eminent French dramatist.
and has frequently been done at private
performances in London by the Stage
Society and other similar stage associa-
tions.
The Washington herald., 1913-03-09
NOTES OF THE STAGE.
Charlotte Walker 10 to appear in . new
play.

Charlotte Walker 10 to appear in new
play.
THE Governors Lady, is proving .
big popular success in Boston.
Grayce Scott IL to bs the leading lady
of stock company in Richmond.
Harry Buiser il to appear In q revival
Of the famous old farce, "A Parlor
Match" He will play the part Of Old
Horse.
In the London production Of Bought
and Paid For" the hit Of the production
was made. by Frank Craven in his orig
inal role.
W. H. Crane. says the Democratic
News. is receiving . series of ovations
all along the line In connection with his
fiftieth anniversary.
James Bernard Fagan has written .
drama called ''The White Mans Burden"
and Sir Herbert Tree will appear in the
piece in London.
Dore Davidson has revived "The Judg-
ment of King Solomon" and It may be
seen at the San Francisco Exposition.
He is also writing a play.
laura Burt has been chosen to play
the nurse in the much discussed produc-
tion of Damaged Goods" by Eugene
Brieux. which will be produced at the
Fulton Theater. New York, Friday after
noon. March IL.
Sallie Fisher will appear in a new nnu-
sical play In New York in the early
spring. In the meanwhile. she 10 to ap-
pear for five weeks In vaudeville. pre-
senting an original singing feature.
tracing the history OF American love
songs from the Indian period to the
present.
Whitford Kane, who is now appearing
in 'Hindle Wakes" in Chicago. encour-
aged by his first revival in this country.
which was given under the auspices of
the Chicago Theater Society at the Fine
Arts Theater, Chicago. will make other
productions. His first was ''The Drone."
in which he played the principle roles
when first done at the Royalty Theater.
London.
Sophye Barnard, one OF the trio OF
prima dcnnas in "A Man with Three
Wives" is to appear in a notable revival
in New York In the early fall.