davidaulloa/AmericanStories huggingface dataset:
The day book. [volume] (Chicago, Ill.) 1911-1917, 1913-12-29
UNCLE SAM WILL INVESTIGATE


Washington, Dec. Developments
of a congressional probe of the Calu-
met, Mich, strike asserted today that
the deportation of President Meyer
of the Western Federation of Miners
would furnish them with the neces-
sary evidence of a deprivation of con-
stitutional rights to justify the house
rules committee in reporting the
probe resolution of Representative
Macdonald of Michigan.
Representative Macdonald today
is in the Michigan strike region.
Senator MARITIME of New Jersey de-
clared today he had already taken
up the matter tentatively with Sen
ate Democratic Leader Kern. The
Macdonald resolution is sufficiently
The day book. [volume] (Chicago, Ill.) 1911-1917, 1913-12-29

-O-O--
He-I always loved the good and
the beautiful She-Oh, John, what
a pretty way to ask me!
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
d. A VALENTINE.
Clerk Supreme Court

No. 1884.
Lewis E. Chase, ct al, Appelees,
VS..
H. r. Chapman, Appellant
Appeal from Brown County.
AFFIRMED.
syllabus BY the Court. Porter, J.
L To constitute power coupled with
an interest, there must be an interest in
the thing itself. and not merely in tie
execution of the power. An agency
privilege to sell real property and re-
ceive all the proceeds above certain
sum as commission, is not a power
coupled with an interest; does an
agreement on the part of q managing
agent to be responsible to the principal
Tor all general losses in the conduct of
business result in making him an agent
with such an interest
? a contract between plaintiffs who
were the owners of FIGURING mill and
the defendant provided that the owners
We're to furnish money to repair the mill
and capital to operate 1t until it could be
sold; the defenant to have full manage
ment and control of the property and If
ne found q purchaser, he was to have as
ms commissions all the proceeds of the
sale above specified sum. He was to be
paid fixed salary and agreed 10 become
responsible for all general losses incurred
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
EGAl

less by such use is material within the
meaning of the mechanics lien law (Ctv.
Code, secs. 649-660 and of the provision
of bond given by a surety company in
the form provided for in section $50 of
the civil code. the obligation of which is
that the contractor will ''pay all indebt-
edness incurred for labor and material
furnished and used in and about said con-
tract work, or which might become the
basis of lien"
.. The surety company can not escape
liability upon the bond for material fur
nished to and used by the contractor in
the building on the ground that money
received from the owner and paid to the
material-man was applied by the latter
In discharge of an earlier indebtedness OF
the contractor for material used in other
buildings, no direction having been given
by the contractor as to the application of
the payment at the time it was made.
3. The law does not have the same
solicitude for corporations organized for
the purpose of giving indemnity bonds
and which make suretyship business for
profit that it has for voluntary sureties.
Such corporations are essentially insurers
and in determinirS their rights and La
bilities the rules peculiar to suretyship do
not apply.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1906.
Elizabeth Weisner, Appellee,


William Weisner, executor ct al, Appel
lants.
Appeal from Riley County.
AFFIRMED.
Syllabus. BY the Court. West. J.
l. In case of an election by widow
to take under the will OF her de-
ceased husband it is essential that the
probate court explain to her its pro-
visions and her rights under it and also
her rights under the law in the event of
her refusal TO take under the will But
in case of written consent by her that
the husband dispose of more than one half
of his property to others than his wife it
is only essential that she act freely and
Understandings.
2. When widow promptly takes steps
to have her written consent to the will of
her deceased husband set aside and the
court upon sufficient testimony finds that
she did not understand its effect upon her
property rights and acted under the
strong persuasion and implied threat of
her husband in his last sickness so that
such consent was not given freely and I'M
derstandingly, held that such finding and
determination will not be disturbed.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
ISealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
EGAL
No. 1876.
George w. Finnup, Appellee,
VS..
John H. Burnside, Appellant.
Appeal from F1nney County

Appeal from Ffnney County.
AFFIRMED.
Syllabus BY the Court Benson.
The plaintiff owned land, which was in
closed with other land constituting part
of National Forest Reserve. The prop
err authorities issued a permit to him TO
Craze a designated number of cattle upon
the government land so inclosed with his
own, which permit was not assignable.
The defendant leased the plaintiffs land
within the pasture for grazing purposes
for the season with the understandings
that he was to have the benefit OF the
government permit so granted to the
plaintiff. He then obtained permit to
Craze an additional number of cattle upon
the same government land and MADE
preparations to occupy and use the pas
ture, but made no use of it because OF
the failure of his plan to procure cattle.
The government regulations provide Tor
forfeiting permits in case they are sold
or transferred, and also for the issuance
of new permits where the original is aban-
doned by the permittee in favor OF an
other. The defendant was not deprived
of the use of the pasture by the govern
ment authorities but by his failure to OBJ
tain cattle, and is liable for the stipulat-
ed rent A verdict for that amount is
sustained by the evidence.
All the justices concurr1nS.
A true copy.
Attest: d. A VALENTINE,
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 17949.
Miriam Cheek, Appellee,


Missouri, Kansas & Texas Railway Com
pany, Appellant.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court. Burch,
1. Section 1892 of the General Statutes
of 1909, giving a right OF action against
the party in fault to the widow and lneal
heirs of a mine employee who loses his
life because the requirements of the act
to protect the health and safety of coal
mine workers are not observed, takes its
place among the provisions OF the civil
code relating to death by wrongful act,
and the action may be prosecuted by the
widow when personal representative
of the deceased has been appointed.
>. Section 1886 and 5006 of the General
Statutes of 1909, requiring that coal mines
generating fire damp shall be carefully
examined every morning with a safety
lamp by a competent fire boss before
the miners and other employees enter
their respective working places, apply to
all mines generating such gas in apprecia-
BILE quantities, the purpose being to de-
tect the gas as soon as 1t appears SO
that danger from it may be averted.
g.. While the sections just referred to
were designed to prevent injury from gas
accommodating in the working places OF
mine while the workmen are away, their
full purpose was to protect mine workers
from explosions of quantities OF gas
which a careful examination by a COM
petent person will reveal: and liability
attaches for the results of an explosion
of a volume of gas released from an
abandoned mine in dangerous proximity
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1872.
sam ]. Smith, Appellant,

School District No. 81 of Marion County.
Appellee.
Appeal from Marion County
REVERSED.
Syllabus. BY the Court. Porter J.
!. To constitute a sufficient tender it
must be unconditional. Where a larger
sum than that rendered is in good faith
claimed to be due the tender is Intellectual
as such il its acceptance involves the ad-
mission that no more is due.
>. A district board ordered school closed
a month earlier than the contract with
the teacher provided for, on the ground
that it was getting late and the older
boys were needed for farm work Held
that the teacher was entitled to recover
his salary for the full term.
3. A teacher whose contract with the
board makes no provision for deduction
in compensation during times when school
is closed, and who stands ready to teach
and is prevented from teaching only be-
cause the board orders the school closed
on account of the prevalence of a contag-
ious disease in the community is entitled
to recover the compensation agreed upon.
All the Justices concurring.
A true copy
Attest: d. A. VALENTINE.
tSeaII clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
ID. A. VALENTINE.
Clerk Supreme Court
No. 1874.
~ II IIIs
Elizabeth Rogers, Appellant,

No 1fstS4.
Elizabeth Rogers, Appellant,
Minnie NJ Lindsay, as Administrative of
the Estate of George N LINDSAY ne
ceased, Appellee.
Appeal from Neosho County.
AFFIRMED.
Syllabus. BY the Court Sn,itl, T
In an action in the nature of an &c
counting brought against the representa-
tives of the deceased guardian by the ward
more than six years after the final SET
tement or the guardian in the probafn
court and tire attainment of maioritr bS-
the ward and where it appears from the
evidence that the mistake or Constructive
fraud could have been discovered ar the
Ilme OF the settlement, it is held that the
finding of the court that the ward has
heen guilty OF laches and cannot maintain
the action Will not be disturbed
All the Justices concuTring
A true CODY.
AtteSs: y. A. VALENTINE
ASeaHl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
p. a. VALENTINE.
clerk Supreme Court

No. IN,b49
In Re A. T. Fowles
sInal Proceeding in Habeas Cornus


IN Re A. t. Fovles
Original Proceeding in Habeas Co,.,,,,,
WRIT DENIED
Syllabus. By the Court, was4
l. One state will not seek 10 oarest
control the conduct of citizens 49, ao 10 o
dents OF other states unless such contI,,S.
results IN an infraction of its own 49,
= A citizen and resident OF a,oosSs
state VINO without lawful excuse kno-e-
lngiy pc permits his child under sixteen
destitute or necessitous eirc,Ir, seIe IN
without providing for the support s,,d
3 nam ehl OF such child thereby vio-
OF lsll: and may be punished theref,o, LAWS
w men upon such charge the father ;s
arrested ;ieti,, IN another state and. waiTins g
onlcer. the courts of This sts VI an
1qxisdlction to try him upon such cl,aros
although he has never before been I vits:,,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

No. Is, 121.
A. z. SwiSher, Appellee,
VS..
State Bank of Tribune, Kansas, APP
pellee.
Appeal from Greeley County.
REVERSED.
Syllabus. By the Court. Mason. J.
/. A contract for the sale of a drug
store, including the stock and business, is
not rendered unenforcible by the fact that
the business had at all times been con-
Quoted in violation of the law requiring
the owner or some employee to be a phar
maciSt or assistant pharmacist.
.. In action by a vendor for the
purchase price of a stock of merchandise
which the purchaser has refused to az
cept and pay for according to his agree
ment, no error is committed i'll the ap
pointment of a receiver to take charge OF
and sell the goods, that the proceeds may
be applied upon the plaintiffs claim.
8 contract for the appraisement of Il
stock of merchandise Eat the invoice pur-
chase price, means that the goods are to
be appraised at what had been paid for
them when they were bought, not at what
it would cost to buy them from whole
saiers at the time of the appraisement
T. The award of arbitrators is not bind
ing where it is the result of a misappre-
pension on their part of the meaning of
the language used in defining the matter
submitted to their decision.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
AUTO REPAIR SHOPS.

YOU BREAK TIVE FIX IT-Oxy-
Acetylene Welding Automobile cyiin-
ders, crank and tranmission cases. axles
housings frames, manifolds, gears, steer
ing knuckles, parts of machinery of all
boilers farm machinery. All kinds of metal
castings welded, cast iron, STEEL copper.
brass, bronze, aluminium. Satisfactory
workmanship guaranteed. Price reason
able. Elmore Auto Co.. 515 Quincy ST.,
Topeka, Kansas. Phone Bits.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1902.
Walter V. Nelson, Appellee,

No. 1S,102.
Walter V. Nelson, Appellee,
VS..
Clarence schoonover, ct al, Appellants.
Appeal from Butler County.
MODIFIED.
Syllabus. BY the Court Mason, J..
l. An action against heirs or devisees,
to acquire title to real property because
the decedent under whom they claim had
agreed to leave it by will to the plaintiff,
is in the nature of one for specific per-
Torrance of a contract to convey land,
and in the trial thereof jury can not be
demanded as matter of right.
2 An oral agreement between husband
and wife that she will make a will leav-
ing to him all the property owned by her
at the time of her death, both real and
personal, in consideration of real estate
owned by him being conveyed to her, is
rendered enforceable, Notwithstanding the
statute of frauds, where in accordance
with its provisions the title to land paid
for by the husband is taken in the wife $
name, and she makes such will, and
thereafter in reliance thereon he expends
labor and money in improving the prop
erty.
founded upon valuable consideration is
contractual as well testamentary. In
the latter aspect it may be reyoked with,
not in the former. It's revocation as an
instrument capable of probate Is effected
by the execution of a new will, and this
may be enforced SO far as the provisions
of the earlier will, which are based on
contract, are not violated, but no further.
T. notwithstanding an agreement py
wife, founded upon a valuable considera-
ton to leave to her husband by will the
property owned by her at the time of her
death, such property will be subject TO
sale by the executor where that is neces-
sary for the payment of valid demands
against the estate or of the costs Of adj
S. Where a testatrix, in pursuance of a
contract with her husband, executes
will leaving to him all her property, with
a proviso that at such time as he could
vIf 1rx1Tr inn0nUayianna Gh0Illd
stated amount to her son, a subsequent
will undertaking to give half her property
to q trustee for the benefit of her son,
may be enforced to the extent of requir-
ing the payment of such amount to the
trustee.
All the Justices concurring.
A true copy.
Attest. d. a. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

No. II. $50.
James A Policy, Appellee,
VS..
The Kansas City Oil Company, Appel
liant.
Appeal from Wyandotte County.
Court of Common Pleas.
REVERSED.
Syllabus By the Court. Smith, ].
Upon the cross-examination of a witness
in a trial, the examiner has the right to
ask questions to test the knowledge OF
the witness concerning the matters with
reference to which he has testified or to
elicit evidence favorable to the examiners
side of the case, provided sucfs questions
are not otherwise Objectionable.
All the Justices concurTing.
A true copy.
Attest: d. A VALENTINE.
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
LEGAL
First published in The Topeka State
Journal, Wednesday, April Is, 1881

State of Kansas. Shawnee County, IS.
In the Matter of the Estate of W. J.
knauer, late of Shawnee County, Kansas.
NOTICE OF APPOINTMENT.
Notice is hereby given that on the 6th
day of March, A. d. 1873 the undersigned
was, by the Probate Court of Shawnee
County, Kansas, duly appointed Admin
istrator of the estate of w. j. Knauer,
late of Shawnee County, deceased. All
parties interested in said estate will take
notice and govern themselves accordingly.
r. H. CAV, Administrator.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
LEGAL,

this state But when after having thus
come he is discharged by writ of habeas
corpus by the probate court of the county
where the charge was laid, and before
having an opportunity to return Is rear
rested on the same charge, the state has
no right to retain and try him for failure
to support such child after he, the father,
was thus brought here, without showing
that after SO coming he, without lawful
excuse, knowingly failed or refused to
furnish such support and maintenance.
4. To render a father liable to punish
ment for such failure before being thus
brought here it must be shown that he
knew OF ought to have known the loca-
ton and condition of his child or that he
had by act of omission commission
permitted him to be and remain here in
destitute or necessitouS circumstances
without providing for his support and
maintenance.
5. sovereign state will not be less
fair in it's treatment of parties than it re-
brought here citizen and resident of an
other state upon criminal process to an
swer for an offense alleged to have been
committed while in the state of his resi-
dence, it will not upon his discharge and
before he has an opportunity to return,
forciJly retain him to answer for an act
of omission since he was thus brought
here unless such omission was conscious
and wilful on his part.
Johnston G.. j., Burch, J., Mason, j.,
Smith j., Benson, J., concurrfng.
Porter, J., dissenting.
A true copy.
Attest: d. A VALENTINE,
(Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

No. 1881.
The First National Bank of Smith Center.
Appellant,
VS..
NJ W. Hardman and H. A. Seibe, APP
pelleeS-
Appeal from Phillips County.
REVERSED.
syllabus BY the Court Mason. }.
/. Where a surety on a note, who was
induced to become such by the assurance
of the payee that its payment was to be
fully secured by chattel mortgage upon
a stock of merchandise, intended when he
signed the note that the mortgagor should
be permitted to remain in possession Of
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
First published in The Topeka State
Journal April IL. 1881

lFfrst published in The Topeka State
Journal April Ii. 1881
RESOLVED That the Board of Com
missioners of the City of Topeka, Kansas,
| deem it necessary for the best interests
of said city that the alleys between Kan
| Sas avenue and Jackson street from Tenth
avenue to Eleventh street, be graded and
paved with vitrified paving blocks on
| four "a inch concrete base with asphalt
| filler and TO be twenty COO feet wide.
w. G. TANDY,
Commissioner.
I, c. B. Burge, city clerk of the city of
Topeka, Kansas. do hereby certify that
the above and foregoing is a true and
correct copy OF the original resolution
now on file in my office.
[seall C. B. BURGE. City Clerk.
RESOLVED That the Board of Com
missioners of the City of Topeka, Kansas,
deem it necessary for the best interests
of said city to grade and pave the alley
between Kansas avenue and Jackson
street and 9TH street and 10th avenue, said
paving to be of vitrified paving blocks
asphalt filler and to be twenty (2O) feet
wide.
l. c. B. Burge, city clerk of the City of
! Topeka, Kansas, do hereby certify that
the above and foregoing is a true and cor
rect copy of the original resolution now
IseaLJ {. B. BURGE,
City Clerk.
missioners of the City of Topeka Kansas,
deem 1t necessary for the best interests
Of said city to repave and gutter Sixth
avenue from the west line of Kansas ave-
nue. to the east line of Harrison street
with vitrified blocks on a five 90 inch
concrete base with asphalt filler and to
be present width, which is ninety 900
feet In width from Kansas avenue to Van
Buren, street and sixtyfive t65) feet in
width from Van Buren, street to Harrison
street Said vitrified blocks TO be of a
quality to satisfy an 1870 RATHER test on
the City OF Topeka's brick RATHER.
W. @. TANDY, Commissioner.
l. c. B. Burge, city clerk of the City OF
Topeka, Kansas do hereby certify that
the above and foregoing is true and cor
rect copy of the original resolution now
on file in my office
ISeaLl c. 3. BURGE,
City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
BILLIARD AND POCKET TABLES

FOR SALE-New. and secondhand caruu,
and pocket billiard tables and bowling
alleys. We lead the world in cheap fix
lures; easy payments. Send for catalogue
Brunswick I3alke-C olIender Co, 1228-z1
Main street. Kansas City. Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

No. Is 0S2.
The Chicago Lumber Company, Appellee,
H. S. Douglas. ct al. (The Federal Union
Surety Company, Appellant)
Appeal from Shawnee County,
division No. II
AFFIRMED.
Syllabus. BY the Court Johnston, C. J.
/. Lumber furnished for and used IN
the making of forms for a concrete
structure as provided in the contract and
specifications for its erection and which
is largely consumed and rendered value
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
D. A. VALENTINE,
Clerk Supreme Court

No. 1I,S7S.
The Garden City National Bank, Appellee,
VS..
S. Schulman, Appellant.
Appeal from Finney County.
AFFIRMED.
Syllabus BY the Court. Burch, j.
l. In an action upon written guaranty
in the name of a trading partnership in
dorsed on the back of the promissory note
of a IT,. 4 person, 1t will be presumed, I'M
til proof to the contrary is produced,
that the guaranty was made in the course
of the firms business.
2 The subsequent ratification by one
partner of the unauthorized act of his
co-partner in guaranteeing in the firm
name payment of a note of. third per-
son is equivalent to antecedent authority.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
PHYSICIANS and SURGEONS.

DR. J. NJ. JAMESON. s27 Madison. Special
diseases. Phone %
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
CONTRACTORS AND BUILDERS

CEMENT SIDEWALKS, cisterns cellar
floors and trash burners. John Jackson.
Phone 2751 Black.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
LEGAL.

in the operation of the mill, giving Sc
curity to plaintiffs for that purpose, but
was to have no interest in the profits of
the business. Held, that his relation to
coupled with an interest,", nor was it
beyond the power of equity to control;
and that plaintiffs might maintain a suit
before the expiration of the contract to
compel an accounting and to reScind and
annul the contract SO lar as the same
authorized his employment on the ground
Of his misconduct as manager.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1909.
John C. Madden, Appellee,

No. 500.
John C. Madden, Appellee,
VS..
Union Pacific Railroad Company. APP
pellant.
Appeal from Shawnee County.
division IL
REVERSED.
Syllabus BY the Court. Burch. }.
Under the circumstances stated in the
opinion it is held that a judgment cred
itor should have seized property of his
debtor which had been delivered TO =
railway company for transportation bat
which still remained at the carriers ware
house, by execution, although one eSecu-
ton had been issued and returned unsat-
isfied: and that it was an abuse of the
remedy given by section 1874 of the Gen
eraI Statutes of 1909 (garnishment after
the return OF execution unsatisfiedD, for
the creditor to attempt to impound the
property in the possession of the carrier
by garnishment proceedings.
All the justices concurring.
A true COPY.
Attest: D. A. VALENTINE,
fSeal1 Clerk Supreme Court.