davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1913-10-15
No. Is, 373.
John Edwards, Appellee.

No. 1888
John Edwards, Appellee
vs.
The Atehison, Topeka & Santa Fe Rail
way Company, Appellants.
Appeal from Edwards County
AFFIRMED.
Syllabus. BY the Court. West, J.
l. Contributory negligence cannot be
imputed to one crossing a series of rail-
road tracks after having stopped. looked
and listened, merely because he does not
cannot be seen and listen for something
which cannot be heard.
2. finding at a former trial that a
crossing bell was Tung cannot impair the
1orce of a contrary finding upon a subse-
quent trial at which other evidence upon
the subject was introduced.
All the Justices concurrlng.
Attest: D. A. VALENTINE.
tSeaL1 Clerk Supreme Court.
No. 1905.
Emporia of the State of Kansas
ct al, Plaintiffs,
r. B. Shepherd, ct al, Defendants.
Original Proceedings in Mandamus.
WRIT DENIED.
Syllabus b the Court Benson. J.
state V. Pauley, SO Kan. 45s,. IL Pac ii.
and Armstrong V: George, "a Kan. 24S Ia
curative statutes upon the operation
and eI.ect of the Barnes High School law
2 The certificate of a county supertn-
tendent of the amounts necessary for the
maintenance of the high schools estab-
lshed under that act determines the
amount to be levied for that purpose.
g. The action of the county super1n-
tendent in the exercise of this authority
can not be overruled unless he abuses his
discretion by acting arbitrarily,
priciously or fraudulently, or in other
words, acts in bad faith.
4. If expenses not properly chargeable
for the purposes before referred to have
been included in a certificate filed at the
time designated in the statute, the county
may lawfully file a new
certificate making the necessary correc-
tOns.
3. In the absence of proof to the con-
trary it will be presumed that a county
has performed official
duties in good faith and upon proper in
forna ton.
9. In the situation disclosed by the
statement of facts agreed to, 1t is held
that the levy made by the county super
intendent on August 16. for the support Of
the high schools for the ensuing year is
valid, and should be extended on the tax
roll.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal., 1913-10-15
No. 49, ,2N.
Fred L. Morris, Appellee,

No. 18,207.
Fred L. Morris, Appellee,
John r. Greenlees, Appellant.
Appeal from Douglas County.
AFFIRMED.
Syllabus. BY the Court. Johnston. C. j.
A member of the Cherokee tribe of In
dians who was duly enrolled in accord
ance with the provisions of the treaty
with the Cherokees approved by act OF
Congress on July 1, 1902. and ratified by
the Cherokee Nation on August T. 1902
died subsequently to September 1, 1902, and
before he received the allotment of land
to which he was entitled. Afterwards the
land was allotted in his name for the
benefit of his heirs. Held, that the lands
descended to the heirs subject to the re-
strictions in section IA of the treaty and
that the heirs had neither the right nor
the power to ALLEVIATE the lands SO in
herited by them for a period of five years
from the ratification of the treaty.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
TSeaI1 Clerk Supreme Court.
The Topeka state journal., 1913-10-15
LEGAL.

determined that the damages if any,
could be recovered in an action at law.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
fSeal1 Clerk Supreme Court
The Topeka state journal., 1913-10-15
John Stewart, Appellant.
Appeal from Sedgwick County.
1st Division.

AFFIRMED.
Syllabus. By the Court Mason, J.
1. Ordinarily a real estate broker has
earned his commission when he has pro-
duced customer with whom his principal
enters into an enforceable contract for the
sale of the land although the title does
not actually pass. After the principal has
entered into such contract, not being in
duced thereto by any deceit on the part of
the broker. he can not avoid liability for
a commission by showing the inability of
the buyer to carry out his agreement
2. Under contract for the exchange of
lands, which provides that each party
shall pay brokers' commission of a
stated amount, and that the right to the
commission shall not be affected by any
failure of the parties to perform their re
spective parts, neither party can be re-
default of the other
8. A broker who is described in such a
contract as a party to it, may invoke the
benefit of its provisions, although he has
not signed it.
4. In an action begun originally in
city court and brought to the district
court by appeal, where no pleading has
been filed by the defendant. if the pre-
liminary statements of counsel DISCLOSE
that there is substantial controversy
concerning the actual facts and that the
rights of the parties depend upon the ef-
feet to be given to written contract, the
court is justified in rendering judgment
thereon.
All the Justices concurring:
A true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal., 1913-10-15
LEGAL
Published in The Topeka State Journal
October Is, 1881
SUPREME COURT SYLLAB|.
No. is, ,379.
Alice w. Atkinson, and John o. Atkin-
son, Appellants,
E. kirkpatrick, Appellee.
Appeal from Cowley County.
z EN ErI : n

SUM- Appellants,
E. kirkpatrick, Appellee.
Appeal from Cowley County
REVERSED.
Syllabus. BY the Court. Porter. j.
l: 1t is no objection to a supplemental
answer and cross-petition that it alleges
matters which have arisen or have be-
come known subsequent to the filing OF
the original answer, provided the facts
alleged be material and go to divest the
plalntlH of the right to maintain the ac-
ton.
? In an action by a landlord to recover
rent, defendant filed a supplemental an
swer setting up a counter claim for dam
ages which arose after the original an
swer was filed, and which it was alleged
resulted from the failure of the landlord
Held that the defense was properly raised
by supplemental answer.
damages, that Notwithstanding the fault
of the other party, the one who is injured
In person or property will not be per
mltted to recover DAMAGES which ne might
have aVerted by reasonable diligence
4 tenant of store building under
lease by which the landlord covenahted 70
repair, being sued for rent, set up
counter claim for damages to stock caused
by water from a defective down-spout ana
by leaks in the pipes of a Water-cloSel.
The defense to the counter claim was tilat
the loss resulted from the failure of the
tenant to take reasonable precautions to
protect his stock after he knew OF the
risk to which it was exposed. Held error
for the court to refuse to instruct the
jury that even though the landlord hdd
failed to comply with his covenant 70 re
active and allow increased damages to
accrue and recover them from the land
lord, when at slight expense, ne could
have averted the damages or reduced the
amount thereof.
S. a part of the counter claim set up in
the original cross petition was Tor water
rent paid by the tenant for water fur-
nished the building and used by the ten
ant. The written lease made no provlslon
with respect to which party should pay
for the water, but the answer alleged, ana
the Jury found that custom, generally
known and acquiesced in. prevails at AT.
kansas City, by which in the absence OF
any agreement, the landlord pays Tor
water furnished the tenant in case of the
lease of a store building Held, that the
existence of the alleged usage or custom
could impose no liability upon the land-
lord nor could it create a contract Wnere
the parties have made none, and that
proof of such usage is not admissible
where the terms of the written lease are
clear and unambiguous.
All the Justices cOncurring-
A true copy
Attest: ID. A NALEN1ISE4'
TSeaI1 Clerk Supreme Court
The Topeka state journal., 1913-10-15
No. 1884.
No. 1884.
Merritt Jeffries, as Receiver, Appellee

Merritt Jeffries, as Receiver, Appellee'
G Luther Brown, ct al, Appellants.
Appeal from Cowley County.
AFFIRMED.
Syllabus BY the Court. Burch, j.
J. The appointment by the bank com
missioner for an insolvent state bank, uh-
der the bankink act of this state, IS not
a judicial act which must be performed
by a court and not by an executive Of
ficer.
ceiver of an insolvent state bank to WIND
up the affairs and business of the bank
for the benefit of depositors, creditors,
and stockholders includes the power u
bring suit in his own name and wi wdthqhe fbe
liability of directors of the bank for per
hitting excessive loans, for permitting hs
overdrafts and for gross negligence IN the
discharge of official duties, whereby the
bank suffered loss.
All the Justices concurring.
A true copy. -
Attest d. A NALt4N II y r.,
TSeaI1 Clerk Supreme Court
The Topeka state journal., 1913-10-15
No. 1882.
S. r. Farmer, Appellant,

No. 1882.
S. r. Farmer Appellant,
John F. Meyers, Christina Meyers and
s. F. Meyers, Appellees
Appeal from Brown County
CIV. F. Means Judge Pro Tem-)
AFFIRMED.
Syllabus BY the Court West, ].
The rule that the general verdict will
be presumed to be supported by the evil
dence when the record fails to contain it
all, followd
All the Justices concurring.
true copy.
At est: D. A. VALENTINE.
ISeall Clerk Supreme Court.
The Topeka state journal., 1913-10-15
No. 1877

No. 1S,77.
K E. Sentney, ct al. and State of Kansas,
ex rel E. T. Foote. Intevenor, Appel
lants.
The Hutchinson Interurban Railway Com
pany, Appellee.
Appeal from Reno County.
Cd. A. Banta. Judge Pro Tenn
AFFIRMED.
Syllabus BY the Court West. J.
1. A valid contract in writing signed by
one of the parties only but fully recog-
nfzed and acted upon by both parties is
binding
2 Findings of fact supported by testi
mony of witnesses who without objection
give their conclusions to the nature
and effect of conversations and discus
sions instead of the language used in
such conversations and discussions will
not for that reason be set aside.
g. Land owners why by purchase of
stock procured the extension Of a street
railway and an agreement to operate the
same over their lands for five years in
considerations of their plating and plac-
ing such lands on the market cannot.
after falling so to do for four years,
maintain injunction to prevent the re-
moval of such extension, the company
being solvent and the trial court having
The Topeka state journal., 1913-10-15

No. 1891.
The State of Kansas. ex rel, Plaintiff,
NJ. NJ. Staley J. Blank, and James Will
son, Defendants.
Original Proceedings in Quo Warranto.
Judgment for Plaintiff.
Syllabus. BY the Court. Porter. J.
Section of Chapter 262, Laws of 1911,
providing for a special election to decide
the question of locating and establishing
a township high school, voting bonds
therefor and electing a township high
school board, requires notice of such cleo
ton to be posted and also published for
at least twenty-one days prior to the
election; and a special election held
Hereunder, the notice of which is pub
Iished less than twenty-one days prior
to the day fixed, is void
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeall Clerk Supreme Court.
The Topeka state journal., 1913-10-15
D. A. VALENTINE.
Clerk Supreme Court.
No. 1880.
Pearl T. Juhlin, Plaintiff,

No. 1880.
Pearl 7. Juhlin, Plaintiff
VS..
F. D. Hutchings, Judge of the District
Court of Wyandotte County, Kansas,
Defendant.
Original Action in Mandamus.
Writ Denied.
Syllabus. By the Court. Smith. J.
l. party should be accorded no ad-
vantage in an action to quiet the title
to real estate by any unlawful or forcible
entry into the possession thereof prior to
the commencement of the action
2 An order of injunction issued by a
district judge restraining an inferior
court from proceeding to the trial of an
action of forcible entry and detainer can
not be reviewed in an action in mandamus
in this court
3. Under the pleading in the action to
quiet title the district court had jurisdic-
ton to determine all the issues and to
protect the rights of the parties.
4. In such case the general rule is as
between courts of concurrent jurisdiction
that the court first acquiring jurisdiction
may draw to itself all the issues between
the parties which fairly inhere in the
action before it and may enjoin other
courts from interfering Herewith during
the pendency of the action.
All the Justices concurring:
true copy.
Attest D. A. VALENTINE.
loeai1 Clerk Supreme Court.
The Topeka state journal., 1913-10-15

First published in The Topeka State
Journal Wednesday, Oct. is, 1871
The Topeka state journal., 1913-10-15
COAL DEALERS.

TULLOCH COAL CO. Office now ITO w.
9Th Phone 31e6. Yard phone 1872.
The Topeka state journal., 1913-10-15

First Published in The Topeka State
Journal Wednesday. Oct. S. 1913
The Topeka state journal., 1913-10-15

The State of Kansas, ex rel. Lee Bond,
County Attorney. and ]. A. Rhodes, Ap-
pelleeS,
VS..
c. C. Mayer. Appellant
Appeal from Leavenworth County
AFFIRMED.
Syllabus. By the Court West, j.
l. In an action to enjoin the closing of
an alleged road the State was made a
party. The court found that the strip of
land in question was a road by prescrip-
ton or public user. Held, that the de-
fendant was not prejudiced by failure to
require the two plaintiffs to separately
state and number their causes of action.
2. The rule that findings based upon
evidential grounds must stand, followed.
All the justices concurrIng.
\ true copy.
Attest D. A. VALENTINE.
(SeaI] Clerk Supreme Court.
The Topeka state journal., 1913-10-15
%. 1S.17S.

o.
D. M. Watt, Appellee,
VS..
Missouri, Kansas & Texas Railway Com
pany, Appellant.
Appeal from Bourbon County.
REVERSED.
Syllabus. By the Court. Benson. j
l. A contract for the shipment of horses
from point in this state to a point in
another state is governed by the provis-
ions of the acts of Congress relating to
interstate commerce.
2. Following controlling decisions OF the
federal supreme court it is held that there
is nothing in the policy of the acts re-
ferred to prohibiting agreement by
the parties upon the time within which
to bring an action to recover damages
for injuries to the property transported
In the circumstances shown in this case
a period of ninety days is not unreason-
ably short.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeall Clerk Supreme Court.
The Topeka state journal., 1913-10-15

State of Kansas, Shawnee County, SIS.
In the Matter of the Estate of Mary B.
]. Currfer, late of Shawnee County, KAN
The Topeka state journal., 1913-10-15
WEATHER STRIPS.
UNDERTAKING.
MONUMENTS.

1 have about $50 high grade monument
and headstones in granite and marble tha
/ will place on sale for 90 days at cost
H SCHROEDER. 231 Jefferson st.
The Topeka state journal., 1913-10-15
PICTURE FRAMING.

FRAMING, regilding, mat making, noun
ing done by ]. D. Sullivan. 122 w. Eight
The Topeka state journal., 1913-10-15

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal., 1913-10-15

State of Kansas, Sahwnee County. S.
In the Matter of the Estate of Naomi
Sutton Wtntrode, late of Shawnee County.
The Topeka state journal., 1913-10-15

No. 1866.
The State of Kansas AppelIee
Robert Cardwell, Appellant
Appeal from Stafford County
AFFIRMED.
syllabus. By the Court Smith T.
l. On the trial of a criminal action the
corpus delicti-that some one has COM
mitted the crime charged-may be proven
in whole or in part by circumstantial evil
dence the same as any other fact in con-
troversy; the rule being that the best evil
dence which, in the nature of the case
is attainabie should be produced and it
must be so conclusive as to exclude all
reasonable doubt. to sustain a conviction.
2 A motion for q new trial on the
ground of newly discovered evidence
where the affidavts disclose that the de-
fendant knew before the trial the facts
proposed to be proven and. having testi-
fled on the trial, he made no mention of
such facts nor made any effort to secure
the attendance of the proposed witnesses,
is properly overruled.
All the Justices concurring
A true copy.
Attest D. A. VALENTINE
ISeal1 Clerk Supreme Court
No. Is, 424.
Andrew NJ Hutton and Carl Fisher, a.
Partners. doing business under the firm
name and style of Hutton & Fisher, Ap-
pelleeS,
The Topeka state journal., 1913-10-15

First published in The Topeka State
Journal October 4, 1881
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25

The Easter dinner dance at tho
Country Club last night vas an Inn
Sportant, social event and was attend
ed aby about 200 members Of the club
and their out of town guests. Dinner
was served 10 100 guests and that
number was augmented later in the
saycning when dancing was begun.
N. The appointments of the dinner weE"
sin keeping with the spirit of Easter
aide, large bowls OF Easter flowers
hgracIng. the tables. The Cadenzn Or
sschestra rendered music during the din
S5ier hour and also furnished music for
1.-The dancing, Card tables we're also
ARRANGED. Among the ont OF town
sSsussts were Misses Hazel Frost, Gene
syieye Harrison. Mr.. and Mrs. J., Hor'
her Davis, Misses Louise aHd,Vtreinla
SBavis, Miss snyder, of Clarksburg;
Misses HaMschfegar and Miss Mayer
sef Milwaukee; Miss Virginia Chris
gmant 81 SMolgantown. at
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
tabernacle
Continued nom Psos unsS

workers employed thereon. the busy
sound made by the hammers was not
wondered at. .....
Occasionally the sound OF hammer.
ing was broken ny the babel OF voices
joining in singing religious hymns
which seemed to make the work 20 so
well on yesterday. .,
tits doubtful II ever in the history
OF Fairmont was such an enthusiastic
body Of workmen gathered together
for any one purpose and the way the
matter has been taken hold OF is a
good omen for the meetings which tho
tabernacle will house beginning April
the sixth wien the famous evangelist.
Willard Lyon, will begin his six
weeks series OF evangelical meetings.
The citizens OF the city with one ac-
cord are taking hold Of the matter OF
erecting the. tabernacle with great en-
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
PERSONALS
~ PEOPLE ~
as THEY CONE AND CO

Mr.. and Mrs. viii Conway and
daughter, Miss Mary, will arrive TO.
night from points in Florida where
they had spent the last few months.
Mr.. and Mrs. Frank Haas have gone
east on Il several days visit.
Mrs. Mary Shriver and niece. Mrs.
Il. a. Brown. OF Clarksburg, are the
guests Of the formers daughter, Mrs.
Walter Hess, in Morgantown.
Miss Emma Tut, who had been the
guest Of friends here, has returned to
For home in Uniontown, Pa.
MISSES Grace Courtney and Virginia
Crisman, Of Morgantown, are guests
of Miss Katherine Race, in this CITY,
Mr.. ". H. Kelley and daughters
Misses Grace and Lucy, arrived home
last night from an extended trip lc
Cuba, ST. Augustine, Palm Beach, Tam
pa and other points in Florida: En-
route home they spent several days in
Washington, D. c.
S. D. Brooks, formerly If this city
now OF Chicago, has been here for
several days. he guest of his aunt,
Mrs. NJ, T. ThraIl, of CASTOR avenue.
Miss Clyde Fleming is illwith ton
sllitis at her home in CASTOR avenue.
Mr.. and Mrs. Waller Watkins, Of
jenkins KY. are the guests OF rela'
tives in The city.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
Gave luncheon.

Mrs, George NJ. Alexander was
hostess at a. charmingly appointed
luncheon yesterdayat her. home in Be
loni avenue, her guests Including her
aidesiat reception at which she was
recently hostess. The decorative
scheme was in yellow and green, East
3er flowers and asparagus fern being
used profuseIy in the table decora.
tons, and the color idea was also car
,ried out through the menu served.
The guests included Mrs. Torrance
Stewart, Of Morgantown; Mesdames
Tussa Morris, Jas. A. Meredith. G. f.
Hutchinson, 7. l. Brett, Robert Y
CuhplnG ham Arthur Martin, p. NJ,
Hoge; u G. Race, NJ. NJ. Nicely. Jesse
Janlison and the hostess
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
Secret Probe
CONTINUED from Page oneo

"a 80
i'ntil Wednesday, when the fifth men,
Der, possibly Delegate ". II. II. Cook,
=. McDowe.l, will be here.
Chairman Marshall last night gave
out the following statement: The
committee appointed by the legisis'
ture at its last session to investi-
gate certain charges of misconduct
on the part OF certain members OF
the legislature and others have
deemed it advisable TO hold eXecu'
tive sessions; that the committee is
not to prosecute, but simply to act
The part Of an agent, to report It's
findings at q hearing OF superior
body of the legislature, When the
report is made it will become a pub
lie document, and will then be open
10 inspection to all who care to in
testigate the subject and the mat
ter that is contains.
"The press and others may feel and
think on the first impulse that this
investigation should be public aI
air, but the committee feel, after
mature thought on the part of those
who defer with them, that they vii
come to the same conclusions, thai
the committee will be in better shape
&C conduct u more complete and
thorough Investigation in an executive
session, than 1t will he by leaving the
committee open to the public"
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
Ohio Towns
CONTINUED from Page One.I
burst. Akrons business section will he

burst, Akron's business section Will he
flooded. -.
Columbus Ohio, March ga.--With .
roar the eyee at the foot OF Broad
street broke today letting in . deluge
OF water. 4 number of buildings col
lapsed. Tho police at 1O:4O O'Clock
ordered all persons in the lowlands to
leave their homes quickly, The resi-
dents were told not TO stop for clothes
or valuables. No$Hoss OF life has yet
been reported. Practically the entire
state OF Ohio was cut. off from COM
munication with the outside world TO-
day. Property damage estimated IN
the millions Of dollars was done, many
lives were lost and scores Of towns
we're under water as the result of the
floods caused by heavy rains Of tn:
past few days. Bridges spanning the
sciota river in and near Columbus
were washed away and. resulted in al
most total paralysis oftrai'road traf''c
after 10 o'clock today. Dayton and
Findley are reported entirely under
water, while two feet Of water was
running In the streets at Mansfield
and at Akron 500 families are home.
less with a prop erty damage OF about
$1,000 900: X \ \ s53:s..a Il
CoLUA tBtJss a aIaFeh ntor,
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
so ITALIAN LAsoRERs

Fifty Italian laborers yesterday aft
crnoon were taken through this city
towards Weston, The men being taken
nom this city to Clarksburs over the
traction company lines. p
The 80 men are the first OF 200 la
borers who were recently secured in
New York aud other Eastern cities
for work on the Weston extension OF
the Monongahela Valley Traction com.
pany lines.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
RoyIes.Rrannon.

8oyIes.Rrannon.
The marriage of NAfiss Mary Ross
Brannon to Mr.. Andrew j. BoyIes both
of Clarksburg, was solemnIzed in that
city Monday afternoon at the Rectory.
Rev. Father Kennedy officiating.
- The bride is d daughter OF Mr.,
Anna Bramon, OF the ST. Charles Ho.
tel and the groom is a well known y
and o. conductor, He is a brother CT
Mrs. A. w. Reed, of this city.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-25
thuslasm and it is believed the three

thusiasm and it is believed the three
days set aside for the erection OF the
building will see its completion.
The ladies' OF the various churches
served an excellent dinner to the
IwcrkmeA which was heartily enjoyed.
The usual crowd OF onlookers gath.
Tered about the site. watching the work
and many walked to the site of the
building to view the wonderful scene
. OF $50 volunteer workmen hustling
away on the structure