davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 49,
Andrew Busault. Appellee.
william Dodge and Thomas Larkin
Appellants.


william Dodge and Thomas Larkin,
Appellants.
Appeal from Leavenworth County.
AFFIRMED.
/. In an action for assault by an officer
in making an arrest q chief item Of dis
pute was whether the plaintiff had first
assaulted the officer. In the only instruc-
to a. '.the assault made or attempted to
be made on him by the plaintiff" After
a verdict for the defendants the court
expression in the charge which was COM
planned OF a. assuming that such assault
had been made or attempted. Held. not
1. Il 10 not necessary or proper ordinar-
lily for a plaintiff to plead regarding an
anticipated defense and an averment in
effect that he did not resist an officer in
law would in the absence Of proof pre-
sumo.
Z The rule that a strongse showing IL
es T: to establish error in granting
An the justices concurr1nS.
Attest: d. A. VALENTINE
(9eAl1 Clsrk Supreme Court.
No. II, ls2.
George H. Andrew. ct al. Appellants,
George L. Reid. ct al. Appelless.
AFFIRMED.
Syllabus. BY the Court. Benson, J.
/. A finding that the defendants, own
ers Of the fee subject to the plaintiffs tar
title, took actual possession Of the land in
controversy within four years after the
tax deed was recorded. is sustained by the
evidence referred to In the opinion.
2. The land was vacant and unoccupied
when the tax deed was issued, and 20 re-
manned until possession was taken by the
defendant, as above stated, and this &C
ton Of the plaintiff to recover possession
under his tax deed. which was recorded
October 3, 1901 was barred by the two
years statute Of limitations before April,
1911, when this action was commenced.
Civil Code See. Is, sub. 3; Gen. Stat. 1909,
Sec. sooe)
All Of the Justices concurring.
A true copy.
Attest d. A. VALENTINE
C6ealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09

No. 18.1S8
Charles Bradshaw. ct A., Appellees.
J. A. Giasscock. Appellant
Appeal from Sedgwick County.
Division No. 1.
AFFIRMED.
Syllabus BY the Court Porter. ].
/. The general rule that . voluntary
payment made under = mistake or in
back has no application where the pay
ment was not made with full knowledge
Of all the facts or where It was induced
by the fraud or improper conduct OF the
:. Plaintins were indebted to a real
representations Of defendant that he vas
Q partner of the agent they paid him the
commission. Subsequently the agent sued
them and recovered Judgment Tor the
amount Of the commission on the ground
that defendant was not his partner and
had no authority to receive the money
In an action by the plaintiffs against the
is held that q general verdict IN theiI
favor which includes findings that he
never was q partner Of the agent, that he
had no authority to receive the money
that II was paid to him upon the repre-
sentation that he was q partner. over
turns his defense that 1t was q voluntary
payment, or that plaintiffs are estoppet
their failure to pay the money Into court
and allow the question OF partnership to
be lftigated between the agent and the
defendant.
An the Justices concwring.
A true CODY.
Attest: D. A. VALENTINE.
rSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. IS. 457.
r. F. Chambers. Appellant,

No. 1S45S
william N. Ballard. Appellee
The Home National Bank OF Arkansas
City. Appellant
No. S,69.
Bert Wood, Appellee,
The Homo National Bank OF Arkansas
City. Appellant
Appeals from Cow1ey County.
AFFIRMED.
Syllabus. BY the Court Mason, J.
Where q national bank through Its
president agrees with customer. who 10
Indebted to It, that II he purchases 1--we
stock and in payment therefor gtves
checIs on the bank. the checks win be
paid provided that by the time they are
presented the drawer shall have. re-sold
the stock ana deposited the proceeds with
the bank and in pursuance Of such agree
nient the customer issues checks In pay
mept for stock which be at once re-eells
delivering the proceeds to the 0ank. tne
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. Is, $50.
Arnold Sexton, Appellee,

No. 1885,
Arnold Sexton, Appellee,
Hugh Holt, ct al, Appellants.
Appeal from Dickinson County.
REVERSED.
Syllabus. BY the Court Burch. ].
l. Use under a license will not ripen
into an easement by prescription however
long continued. Use according to per-
mission to use is not adverse. To be ad-
verse the use must be under q claim Of
right with the knowledge Of the owner Of
the estate but without his consent
Z The foregoing rules applied In an ac-
ton to prevent the obstruction of q drive
way between the lands Of two brothers
created by oral agreement for their
mutual convenience and used In common
for q period of more than fifteen years.
All the justices concuTrtng.
A true copy.
Attest d. A. VALENTINE.
fOeaL1 Clegk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09

No. IL ~.
william J. Estea. Appellee,
Edgar Zinc Company. Appellant
Appeal from Montgomery COUNTY
REVERSED
Syllabus. BY the Court. West. 7,
In m action to recover for INJURIES al
legged to have been received because q
started in gear and IN motion without
human agency. the jury in answer to Q
special question whether such belt got
into gear automatically, answered no
evidence to show how 1t got back" Held,
that general verdict for the plaintiff
should have been set aside.
All the Justices concufrin8:
A true copy.
Attest D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 13lea
Theodore Aarts, Appellee,

Appeal from Dickinson County.
AFFIRMED
1 Pubic rosz s sss. Gs.5t east ssa'ee
cc1L0sans 2 valley through which a creek
n 10 4Sef 81 om sarsacs w:tsr from The
west Of the creek. Complaints were u1ado
e the township board Of the condition Of
south side Of the road It the depressi on
urged that a ditch should be constructed
rom cuivert at that place to the creek
believed that the propossd ditch as You'd you'd
benefit the road but doubted their now
e other peoc. q TT 18th
misaioners who instructed tie board to
s1ssd 20 hse ts of
done under the direction Of the road over
ser. The ditch was censtructed accord
seer who dug it 30 tar as could be done
with road grader, and 1t was then nm
isnsa 5y e Y e At his own a. ssDsnss e he had
Substantial improvement to the se resd ana
vas Kept open Tor ton 2 1sa-s s v ina = 3
who owned land along the creok abuftine
ON the south side Of fhe road, obstructed
now Ms land and injure lis crops o. os At
the time Of the obstruction. the ditch. BY
:sd S Ss hat E: cut h into e SP
l. That the road ovefseer was vested
lie hisS"syn rs 81 6issre se Is m RaD
: court excspt in ease Of fEsud or or bod
In exerciaang th1s authority ~ fact
that the 0verseer was advised o. directed
By the township trustee: tovnship board
That the improvements were urged
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24
ADVERTISEMENT
S1O0 Reward, 500.

The readers of this paper will be
pleased to learn that there is at least
one dreaded disease that science has
been able to cure in all it's stages, and
that is Catarrh. Halls Catarrh cure
is the on y positive cure now known to
the medical fraternity. Catarrh being
a constitutional disease, requires con-
stitutional treatment. Halls Catarrh
Cure is taken internally, acting direct
ly upon the blood and mucous surfaces
of the system, thereby destroying the
foundation of the disease, and giving
the patient strength by building up the
constitution and assisting nature in do
ing its work. The proprietors have so
much faith in its curative powers that
they offer One Hundred Dollars for
any case that it fails to cure. Send for
list of testimonials.
F. j. CHENEY & Co., Toledo, O.
Sold by all Druggists, 75c.
Take Halls Family Pills for consti-
patton.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24

men and women were murderously sac
rificed to the popular will" says:
"For the credit of New England it
| would be well if oblivion could settle
down over this period of her annals.
But the history of that court furnishes
a lesson which ought never to be for
gotten. 1t was a popular tribunal;
there was not lawyer concerned in
its proceedings. Every rule of evil
dence by which the courts Of common
law are governed was abrogated, and
Judges and jurors were leftuntramme-
led by "the bubbles of the law" to
follow their own feelings and the pop
ular will. Human nature may have
changed and court equally popular and
equally unacquaiuted with the rules
which govern judicial proceedings
might stand against popular delusion
or excitement, should such an occasion
again occur but he must disregard the
light OF experience who could hope to
be safe under its administration. 1t is
to be believed that abuses as monstrous
as the whole proceedings OF that court,
in fact were, could not have been toler-
ated had there been an enlightened
bar in Massachusetts whose services
could have been asserted in favor OF
the accused.
1t was not for want of learning or
honesty on the part of those who were
engaged ia those trials that injustice
was done. 1t was that their habits OF
thought, their entire ignorance of the
salutary rules OF law, and their want
OF familiarity with the process OF in
vestigatng the merits OF judicial con-
troversies, untitled them to hold the
scales of justice with impartial hands
and to discriminate between the excited
prejudices of the many, and the truth |
or falsehood of the charges which they
we're called upon to examine"
1t is just such incidents as the ter
rble history of the hanging of the
witches by popular will' that makes
thinking men distrust this scheme Of
turning the judges courts, and their
decisions over to the review OF the |
ballot box. The ballot box was never
designed for such work. Not one voter
in ten thousand is fitted to decide upon
such questions with his vote, on the
shallow and hasty showing that will be
given him.
All this stuff is but a part OF the out
come of fanatical men who would lead
this country back to the popular will'
decisions of the days of witchcraft,
and the righteousness Of mob law.
Jefferson County Union.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24
THURSDAY, JULY a, 1913.

One member of the ca binet has no
more right than another and draws no
smaller salary than another. Ii Mr.
BRYAN has a right to quit his post IN
Washington, though continuing to
draw the salary that goes with 1t, ana
accept profitable work elsewhere, the
other members of The cabinet may do
the same. Everyone of them could find
employment on the lecture platform,
Why don't the whole crowd go out
making speeches for pay and leave the
government TO their subordinatesY Is
it because they are more honest than
Mr.. Bryant Is it because the others
feel under Obligations to do the work
they are paidto do in return for the
pay they get?
Some of the employees Of the state de-
partment yet less than Sl2OO year.
Surely they can't live on that salary
if MIR. Bryan can't live on $4,000.
Will Mr.. Bryan permit them TO quit
their desks while their salaries go on,
and for six or eight weeks engage IN
other work to add TO their salaries? II
it is honest for Mr.. Bryan it is honest
for those who serve under him. The
obligation OF service is not imposed only
on men who are poorly paid. 1t rests
as strongly on high salarled men. Ii
Mr.. Bryan had known the salary OF Sec
rotary Of State was not enough for him
to live Oh he should have declined the
position. If since taking the position,
he finds the salary deficient, he should
make the difference good out Of money
he has already earned and he could do
it, as he is wealthy man. II he found
the salary insufficient and didn't wish
to make up the deficit out of his private
fortune, he could resign; that would be
honest. But when he holds his position
and the salary that goes with it, neg
lects his work while being paid for it,
and goes out to make money in another
way, he does a dishonest thing. He
would call itdishonest in subordinate,
and would discharge subordinate for
doing it. A subordinate has as much
right to do it and greater need than he
has.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24

The salary Mr.. Bryan receives is $l2-
600 year. In view Of Mr.. Bryan's
profession of being just one of the
'plain people" and of Mr.. Bryan's we'll
known economy in personal eypenii
ture, Sl2 900 a year looks like enough
for Mr.. Bryan TO most of his fellow
citizens, whose average incomes are
about one-tenth of that amount, even
when liberal allowances are made for
the social requirement Of his position.
Furthermore, Mr.. Bryan is not
wholly dependent on his Sl2 900 salary.
He is n well-to.do and even rich man,
according to current definitions OF
wealth. Mr., bryan has made a very
good thing out of the advertising given
him by his presidential campaigns, and
has used his opportunities thriftily.
OF course, the question is at bottom
one Of taste, and Of Mr., Bryan's concep
ton of what is due TO the dignity OF hi,
public position as, by court esy and ira
dition at least, the Prime Minister o
the Government OF the United States
But in view of what is known OF Mr.
l3ryan's resources and possessions it Il
evident that Mr.. Bryan continues tn,
pursuit Of lecture platform profits no
because Mr.. Bryan really needs thu
money, but just because Mr.. Bryan
wants the money, Chicago Int
! Ocean.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24

II Mr.. Bryan is not satified with the
81, 900 salary paid 10 the Secretary OF
State he should resign his post and be-
take himself in perfect propriety to the
Chautauqua lecture platform, where he
may earn money to his hearts content.
Granting the most generous praise
to Mr.. Bryan's sturdy Amercaansm
and to his honorable life and evident
high intent, the obvious fact appears
that in training, equipment, skill and
general fitness for the post of Secret
cry OF State he is mere tyro in COM
parlsun with his distinguished prede-
cessors in that high Office; he is the
amateur. The capable silver tongued
orator, but inexpert statesman, has in
his keeping the faith, credit, honor
and dignity of the nation. He is beset
by problems Of the greatest magani-
tude which may affect tie desvinies of
the Republic. He must deal acceptably
with the great Powers in settling our
position on the question of the panama
tolls; he must decide for veal or woe
the Japanese immigration question in
California and fix our policy with re-
spect not only to the Japanese nation but
to the Chinese and all the people of the
Orient; he must bring to conclusion
the country's attitude toward the arbi-
tration treaties and adjust the dis
putes arising from the changes in
our tariff regulations; he must keep q
firm hand upon the Mexican situation,
which, in its delicate state, is fraught
with the most momentous consequences;
he is confronted with problems of the
highest import, and he leaves his duty
and turns his high post into an adver-
Using adjunct to his lecture enterprise
for personal gain.
In the long roll OF eminent and patri-
cite Americans who have adorned the
Office of Secretary of State, not one of
them, whether, a popular hero or an
ally OF the money powers, has ever so
far overstepped the bounds of propriety
AS to capitalize his post in private ven-
lures; not one of them has ever sign
flied by his actions that the duties
of his Office were so inconsequential
that they did not demand his entire
time; none has crucifed America s
highest post in statecraft upon pile
of gold nor pressed down upon it pro-
fitable Chautauqua crown.-Philadel-
pha Ledger.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24

sartian grace which tits little water
into the glass, Tie patter of applauding
hands, the listless bunti ng hanging in
the heat, the fan-flecked lake of faces
the ears open to the word, the gratified
chairman, the parched and well-tramp-
ed grass, the dusty turnpike by the
ticket office-these are details in the
picture dear to Mr.. Bayan's gadabout
heart.
Mr.. Bryan is as cheerful as Job and
as immune as Shadrach. He is beyond
our sympathy, but it is impossible to
escape the uncomfortable feeling. that
he is exposing US as a tight-fisted ma
tion. He cannot live on the salary of
the Secretary of State, and turns to
honest toll on the Chautauqua circuit
that the grocer may be paid and coal
laid in against the winter.
The United States is hard employ.
er, prodigal in congressional Joy rides,
penurious with the help.
Chicago Tribune.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24
Mr.. BrYan's Break.

The Secretary of State has position
to maintain in Washington. Receptions
and official dinners are costly, even il
grape juice instead of champagne isser-
we'd. This high Cabinet official can
not live simply and preserve the digni-
ty and tradition of his office. His as
sociations are with Representatives OF
foreign Governments which are not mig
gardly in the matter Of compromising
their servants abroad. 1t takes no
doubt, a mighty lot of money to make
the diplomatic mare go in Washington.
Mr.. Bryan is not poor man, but he is
thrifty and cannot reasonably be expect
ed to live beyond his income in serving
the people. Personal marketing may
decrease the food bills, but 1t still takes
q market basketful of bills and coin
to be Secretary of State.
We sympathize with Mr.. Bryan's eff
forts to retain his wel-earned compe.
tency and have no wish to keep him off
the lecture platform, His absence
from Washington for six weeks or so
will not endanger the country, espe-
cially as there will be an able assistant
in charge.
But is Mr.. Bryan still commoner?
We lear not. The real commoner does
not complain that he cannot live on
$4,000 or $4,000 year. one of the
plain people would manage to get along
on much less than that, even if he were
Secretary of State Mr.. Bryan may
not yet be in the plutocratic class, but
he has developed a taste for the lux
uries Of life, such as Florida estates and
the like, and he is not averse to earn
ing all the money he can. No, Mr.. Bry-
an is no longer commoner.-Chattan-
ooga Times.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24

issues that the Lincoln of lincoln,
Neb., has ever gathered in his opulent
bosom, ana yet they like him.
Not every shift is honest thrift, BE
he spoiled child of the Democracy or
the flower OF statesmanlike wisdom,
Mr.. Bryan holds the post which has
been the just ambition and reward OF
some of the noblest inteliects in Amer
lean politics.
With no i'll nature, with kindliest
feeling for this old friend, may we not
suggest that Mr.. Vision wants his pre-
sence, not his absence; that Mr.. Bryan
would consult his own dignity better
by being secretary of state, by not with
drawing the benefit of his experience
from Mr.. Wilson, by living, If neces-
sary, on the meagre stipend of Sl2, 000a
year, so common among "the produce
ing classes" of this age?-New York
Sun.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24
Discretion an Asset.


In this country CONSERVATION ha,
been created at times by discrimina
ton against men over thirty-five
seeking employment from railway and
other corporations. In England there
are employers who hardly credit indi
viduals under thirty-five with having
attained the age of discretion. 1t is
interesting to note that the British
postofice department, which has
taken over the operation of all the tel
ephones In the country, is considering
the advisability of replacing young
women operators by older women, es
pecially widows. 1t is held that the
older women have steadier nerves and
are better fitted to deal with fractions
Observation-Disclosures Wisconsin.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24
A woMANs WORK

sometimes reduces her strength to the
depths of weakness-her devotion to
household cares prevents sufficient
rest and recreation. Thousands Of
women in this condition find SCOTS
Emulsion exactly what they need; it
is predigested body-food SO medically
perfected that every drop yields direct
returns in Strengthening the organs
and tissues and in making healthy,
life-sustaining blood. SCOTS Emulsion
is devoid of alcohol or any harmful
drugs, and overcomes tiredness and
nervousness in marvellous way.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24
Not ALWAYS TRAVELLING.

Knights of the grip will appreciate
this yarn, which is told of one of their
number. He had been summoned as
witness in a case at court, his en-
ployers having sued a delinquent GUS
toner, and the lawyer for the defense
was cross-examining him.
you travel for Hooque & Crooque,
do your" asked the attorney.
Eyes, SIR"
How long have you been doing it,"
about ten years.
Been travelling all that time, have
you?'
We'll, no, sir" replied the witness,
making hasty mental calculation,
mot actually travelling. ] have put
in about four years of that time wait
ing at railway stations. functions and
watering tanks for trains. Margarine
Of Fun.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24

There Is a certain class Of agitators
nowadays, led by such men as Roose-
welt and LaFollette, who are very fond
Of assaulting the courts and judges and
demanding lhat both Judges and their
decisions shall be subject to review and
recall by what they call "the popular
will" A good illustration Of this "pop-
ular will" can be seen in executions OF
mob law. The trouble with these fan
atics Is that they are vainly striving
after some system Of government that
will do away with human nature.
There have been weak, and in few ir g..
instances corrupt judges, and hardshps
have been inflicted under the law.
But 'law and order" are the frame work
of our political house. The courts have
never made thousandth part of the sad
mistakes that popular opinion" has
made. The people who lived when our
constitutions and courts were established
were far too wise TO allow any such fol-
ly as the recall Of judges 10 creep into
our political system. They knew and
felt the dangerous weakness Of such a
system Of law. The processes of law
are for the purpose OF getting at the
straight truth In settling the conten.
tions Of men. Washburn In his judicial
history OF Massachusetts speaking Of
the trials for witchcraft in which good
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-07-24

IN PROBATE-Ma nitowoc County Court
In the Matter of the Estate of James |.
Lousier. deceased.
Notice To Creditors
Letters of administration on said estate hav
Ing been issued to Margaret Lousier on the Isl
day OF July, A. D.. 1913, and six munth,
from and after said day being allowed an(
limited for creditors to present their claims, O
which notice is hereby given, and further tha
the undersigned will, on the first Tuesday il
January, 1914, at the Probate Office in the CITY
OK Manttowoc, Ia said County. examine and ad
lust all such claims and demands so present
ed and fled.
Dated July LIST, 1913
JOHN CHLOUPEK,
- County Judge.
Kelley & Ledvina, Attorneys
Pub July 3, 10, II, "a