davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
No. 1854.
T. S. Cockrill, Appellee,

7. s. Cockrill. Appellee,
Missouri, Kansas & Texas Railway Com
pany. Appellant:
Appeal from Miami County.
AFFIRMED.
Syllabus. By the Court West. J.
witness his adversary has q right on
cross-examination for the purpose of at
iecung his credibility to inquire touch
ing ms past life and conduct. the limits
the discretion of the trial court. When
such limits are unnecessarily restricted,
put the party has testified concerning only
matters on which there was other EVIL
dence. such restriction may not be and in
this case was not materially prejudicial
me report OF commission company
used by a shipper of cattle to refresh his
animals composing the shipment. stated
by him to be substantially correct as he
remembered is competent as a memo
randum touching such sums, its weights
and probative force being for the jury.
3 Reports. kilograms and memoranda
relative to a shipment of CATTLE made by
the train men at the time, in the line or
der section 1884 of the Civil Code and
should have been admitted but such train
men having testified substantially to all
that such papers would have shown. their
case worked no substantial prejudice.
T. When 1t Is shown that some of the
cattle were dead and others crippled
sentative Of the railway company was
present at the unloading, the necessity for
the written notice usually provided for in
contracts contra Of shipment is obviated. as such
knowledge which it did not already
possess.
All the Justices concurring.
Attest: D. A. VALENTINE
tSeal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
D. A. VALENTINE.
Clerk Supreme Court

Attest: y. A. VALENTINE.
lSeal.1 Clerk Supreme Court
No. 1879.
The City Of Kansas City, Kansas, APP
pellee.
Samuel Stewart, as County Treasurer etc.,
Appellant.
Appeal from Wyandotte County.
Third Division.)
AFFIRMED.
Syllabus. By the Court. Mason, ].
l. The provision Of the act in relation
to the collection of taxes, that ''all pen
alties shall be credited to the county fund,
and all rebates charged to that fund"
means that the rebates shall be charged
to the county fund and an amendment by
implication which requires penalties on
city taxes to be paid to the city does not
prevent the rebates on the same tax being
charged to the county.
?. The legislature has power to require
that rebates granted on taxes laid by
cities. townships and school districts
shall be charged to the county.
8. A statute requiring all rebates to be
charged to the county fund and all pen
alties to be credited to that fund, except
those accruing to the taxes of cities of
the first class, which shall be paid to the
city, does not violate the provision of the
state constitution that tax shall be APP
piled only to the object in pursuance OF
which it is levied. .-s-.- =.
4. Such a statute does not violate the
fourteenth amendment to the federal con-
stitution by depriving any person Of prop
erty without due process of law, or by
denying to any person the equal protec-
ton of the law.
Burch. J., Smith, j., Porter J. and
West, J., concurring.
Johnston, C. J. and Benson, J., dissent
ing.
All the Justices concurring.
Attest: D. A. VALENTINE
lSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
D. A. VALENTINE.
Clerk Supreme Court.
No. 1878.
State Of Kansas. Appellee.

No. 1878.
State Of Kansas. Appellee.
vs..
Jay G. Waller, Appellant
Appeal from Mcpherson County.
AFFIRMED.
Syllabus- BY the Court Burch, ].
1. The Desertion Act Claws 1911, CHI.
of q husband who, without just cause,
neglects or refuses to provide for the sup
port and maintenance OF his wife in destt-
tute or necessitous circumstances, Il not a
mere poor law and was not designed
merely to redress the public grievance
flowing from the conduct denounced 1t
was intended to supplement- other means
and remedies for enforcing the moral and
social duty Of q husband to support his
wife, is remedial in purpose although It
provides for the infection Of q severe
preted to accomplish the legislative In
The words Fin destitute or necesitous
circumstances mean needing the neces-
saries Of life. which cover not only primi-
tive physical needs, things absolutely In
diBpensfble to human existence and de-
cency, but those things also which are In
fact necessary to the particular person
left without support
her own be neglected by her husband, thu
character and extent Of her resources and
t.ieir availability to meet her needs may
be taken into consideration in deternfn-
ing whether or not she Is In necessftous
circumstances, the question In all cases
being one Of fact for the jury to determine.
under proper instructions frum the court
4 Whenevor q husband, without 5uot
cauoo. naglocfs q refuses to pnovjdo Tor
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
No. 1908.

No. 1908.
H. v. Lawrence. Appellee,
A. C. Wheeler, Appellant.
Appeal from Finney County.
REVERSED.
Syllabus. BY the Court. Smith, J.
1. Under the undisputed facts of this
case the appellant was not holding the
office of county treasurer, during the
time he received the salary of such Of
flee, as an intruder or in violation of law
but was holding 1t In accordance with q
certificate of election and q judgment OF
a court of competent jurisdiction, the ex-
ecution or operation of which judgment
was not stayed but which judgment was
in full force and effect. He was not, how
ever, the de jure county treasurer.
2. The appellee is therefore entitled to
recover the amount of the salary which
appellant received as such officer. less the
amounts actually and necessarily paid out
by him for. clerk hire and in transacting
the business Of the office.
3. The appellant is entitled to no COM
pensation for his own services in the Of
flee nor any deduction for profits or
earnings which the appellee may have &C
Quired during the time appellant Withheld
the Office from him.
All the Justices concurT1ng.
Attest: ID. A. VALENTINE.
(Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
No. 1885.
The State of Kansas, Appellee,

The State of Kansas, Appellee,
VS..
A. M. Simons, Appellant.
Appeal from Crawford County
AFFIRMED.
SYLLABUS. BY the Court. Benson T.
/. The passage of an ordinance under
the permissive authority given to cities
of the second and third classes by the
general road law Claws of 1911, chapter
relative to poll taxes. is not condition
upon which liability for the tax depends.
9 an the absence of such an ordinance
a resident of a city liable for the tax NAV
be prosecuted in a Justices court for faii-
ure to make payment after due notice.
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
(Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
No. 1892.
John Peterson. Appellant.

VS..
William Hollis, ct al, Appellees.
Appeal from Saline County
REVERSED.
Syllabus. By the Court. Mason, ].
l. Adjoining land owners orally agreed
that one was to assist in re-setting and
maintaining a hedge on the land Of the
other, near and parallel to their bound
airy, and that in return therefor it was
was done and possession was taken ana
held accordingly. The question whether
the contract was thereby taken out OF
the statute Of frauds Is suggested but not
decided.
2. Where a land owner holds I'D to a
fence With the purpose Of claiming It e.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
No. 1888
w. n. Holmes, ct al, App

No. ,3sS.
w. II. Holmes, ct al, Appellants.
VS..
F. H. Holt. Appellee.
Appeal from Shawnee County.
First Division.
AFFIRMED.
Syllabus. By the Court. Smith, ].
1. When court of equity acquires
Jurisdiction Of an action brought to de-
determine whether certain conveyances
are. in fact, mortgages. although purport-
ing to be deeds, It win.retain Jurisdiction
for the purpose Of adtddicating all diff
ferences between the parties growing out
2. Where in such case the party, pur-
porting to be the grantee. acquires peace
aDie possession of the premises in ques-
ton believing that hesis the owner there
of, the damages to- hkF awarded therefor
In Judgment i'm afaVosv-0fs the adverse
party Is the ordinary rental value for the
time such possession b retained less the
value of the permanent improvements
made thereon by such party in possess
sion.
3. Rates of interest. not exceeding ten
per cent per annum, agreed upon by the
parties to q transaction will be allowed
by the courts.
All the Justices concurring:
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
d. A. VALENTINE,
Clerk Supreme Court.
No. IS. 1917.

No. Il. 3s7.
state OF Kansas k1nrnsv ea =, rS Oscar ssnmtx
Kansas, and John 8. Dawson, Attorney
General Of the State Of Kansas. Plaintiff
F. c. Stewart, Defendant
Original Proceeding in Quo Warranto.
Judgment for the Defendant.
Syllabus. BY the Court. West. J.
of a school treasurer Tor more than 20
days after his election to qualify forfeits
his right to the office but does not create
county superintendent or some court Of
competent jurisdiction, only after notice
and hearing or an opportunity to be
heard.
2. Qualification in such case includes
required bond.
3. The remedy Of quo warranto il some
what discretionary and when no wrong
full notice is shown and it appears that
pending an action to remove him for fall
ure to give q timely and proper bond a
reelected school district treasurer who
had taken the oath. and acted as such
officer for more than one year after his
reelection. rendered good and sufficient
bond relating back to the beginning of
his current term, the court while having
authority to render a Judgment OF custer
is not compelled to do so. there being
nothing to indicate that the condition or
welfare of the district could be aided
thereby.
An the justices concurring:
Attest d. A. VALENTINE.
(SeaL1 Clerk Supreme Court
No. 1885,
8. X. Fleming, Appellee,
The Taylor Fuel, Light q Power Co.: The
I Deming Investment Co.; The City Of
Gas; and The Natural Gas Comany, Ap-
pellant.
Appeal from Allen County.
AFFIRMED.
Syllabus BY the Court Benson ]
!. Where a mortgage of gas dis
tributing company took possession of the
m0rtgaged plant and franchises together
with its records, books, and business, and
carried on the same business with the
same property under the same franchise,
1t will be presumed In the absence of EVIL
dence 10 the contrary, that the mortgage
intended to respond to corresponding
obligations imposed by the Franchise, or
incidental to the rates 1t collected.
L 2. Where corporation organized by
the officers of an investment company for
the purpose of purchasing property and
franchises of a gas distributing company
mortxaged to the investment company.
purchased the property at Z mortgage
sale without consideration except the in
terest its incorporates might own In the
mortgage as shareholders in the invest
ment company and thereafter the new
company carried on the business first con-
Quoted by the mortgagor. and Afterwards
! by the mortgages It II held that the new
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
No. 1889.
The City Of Topeka, Appellee,


William Briggs, Appellant.
Appeal from Shawnee County,
(Second Division)
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J.
l. In q prosecution by a city for main
tanning a place where intoxicating liquors
are unlawfully kept and sold an anthem
ticated copy Of the records OF the United
States internal revenue office showing
that the accused had paid tax as a re-
tail liquor dealer is competent evidence
The possibility that some one else may
have paid the tax and obtained a receipt
without the knowledge or consent of the
accused did not render the evidence in
competent.
2. The process and proceedings in a
police court in cities Of the first class
are governed by the law regulating pro-
ceedings in justice court in criminal cases,
and in an appeal from conviction in the
police court no error was committed by
the district court in refusing to require
the prosecution to indorse the names of
witnesses on the complaint.
8. A statement by the city attorney
that certain material testimony offered in
behalf of the city had not been contra
dicted does not violate the statutory rule
from referring to the neglect or refusal
of the accused in giving testimony in his
own behalf.
A true ccny.
Attest D. A. VALENTINE.
[Seal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
LEGAL,

his boundary irrespective of whether or
not it corresponds with the true line. and
does nothing inconsistent with this in
tention, his occupancy is adverse, even
although the adjoining owner supposes
he intends to claim only what he original
ly owned.
8. The title to the land up to a fence,
which has been gained by adverse possess
sion for fifteen years can not be devested
by a survey called to establish the orig
inal surveyors boundary line.
All the justices cOncurring.
A true copy.
Attest: D. A. VALENTINE,
kSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11

No. 1855.
The State. of kansas, ex rel w. e.
Atchison. County Attorney Of Shawnee
County, Plaintiff.
John 8. Dawson, as Acknowledgement,
Defendant.
Original Proceeding in Mandamus.
WRIT DENIED.
Syllabus. By the Court. West, ].
Under existing legislation the attorney
general Is entitled to retain the fees adj
Judged and paid to him as costs in pro-
ceedings to punish for contempt the vio-
lation of an Injunction under the pro-
hibitory law.
Burch. J., Mason J., Smith. J.. Porter.
J., Benson, J., concurring.
Johnston, C. J. concurr1ng specially.
A true copy. "
Attest: d. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11

D. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11
No. S,34S.
w. L. Joyce. Appellee,

No. 1885,
w. l.. Joyce, Appellee,
w.
Miami County National Bank, Appellant.
Appeal from Bourbon County.
AFFIRMED.
syllabus. By the Court. Burch J.
A bank delivered notes which had
long been charged to profit and loss to an
attorney under an agreement that II they
could be collected or secured the bank
would pay him a lively fee." since what
ever the bank received would be clear
gain The attorney expended time, labor,
skill, and judgment in a diligent effort to
realize on the notes and then in an effort
to secure judgment ON them without pub
hctty and with little expense. After Sc
curing judgment by default he discussed
with the bank on different occasions the
best course to pursue and prompted the
bank ceased to consult him. kept the judg-
ment alive itself, and eleven years after
the date of rendition Compounded It and
satisfied It of record. Held, the attorney
was entitled to compensation for his SER
vices, and that q verdict, supported by
substantial testimony, for fifty per cent
OF the proceeds of the collection is not
unc0nscionable.
no cause of action arose in his favor I'M
til the collection was made and the stat
ute of Limitations did not begin to run
against his claim for fees until that time.
Johnston, C. j., Mason, T., Smith, J.,
Porter, J.. and West, J.. ConcurTing.
Burch, J., and Benson. J., dissenting.
Atfest.s '--s---D-E VALENTINE,
ISeall Clerk Supreme Court.
The Nome daily nugget., 1913-06-27
HAIR, TEETH AND TOES
 PAssiNNo, SAYS STARR

CHICAGO. ---- Professor Frederick Starr, of the department of anthropo- logy of the university of Chicago. told his class some time In the future the hair, teeth and the little toes would be missing from the members of the human race.
 "Predigested foods. hats and shoes have rendered hair. teeth and the It, tie toes useless" he said. with our hats and our civilization we do not need hair. Persons with scant sup ply of hair seem to die out among pri- mitive peoples. but in civilization they increase.
 "If teeth and hair and the little toes are to be preserved, then 1t will be necessary for the civilized inhabitants of this world to get hack to nature as soon as possible"
The Nome daily nugget., 1913-06-27
COUNCILMEN GO
 TO MOONLIGHT

Mayor Jones, City Health onccr Mustard, and Councilmen becks'eo
 and Mollcr visited Moonlight Springs
 today with tho purpose of ascertain'ng
 the conditions there. They were "c- companied in their survey by Arthur Gibson. From their examination m" from what Louis Stevenson said they believe that the water will arrive ih Nome in about two weeks. When the
 frost goes out of tho ground s
 the intention to build a permanent dam. This dam will be Of snch a nature that the water in future years will be brought into the city every spring early and without a hitch
The Nome daily nugget., 1913-06-27
CALIFORNIA REFusEs TO
 PAY FOR kNox's TRIP

sACRAMENTO.-Through the Pa mama Pacific Exposition Commission the state has refused to share the ex- oenses of Phiiand&r c. Knox. ex-sec- retary of state. who visited California last May, ostensibiy to "boost" the ex- position. It Is held he used the oc- casion to aid President Taft's pollti- cal aspirations
 The commission is headed by Gov. Hiram W. Johnson. He said it was stipulated there should be no politics on the trip.
 The bill presented by the Southern Pacific Company for the Knox trip calls for $1.37a1s.
The Nome daily nugget., 1913-06-27
ST. IVES IN AIRsHiP
 FLIES FROM WARRANT

NEW YORE.--Hcnri SI. Ives, noted as q marathon runner and later ns an aviator. remained up in the clouds for an hour or so yesterday white Cap tain Applcby. of the Mineola police, waited in tho rain with a warrant for his arrest.
 St Ives saw the policeman coming and decided to go aloft. When hc descended about dark he was arrested and sent to jail in default of $3V0 ba". St. Ives has been boarding since January 1 with Peter Mclaughlin. keeper of tho Aviation Inn. McIaugi- : to pay htli of $230.
The Nome daily nugget., 1913-06-27
MRS. MOORE GOES INTO
 MOURNING FOR HER DOG

PARIS.-Mrs. William Moore. for merly Miss Kate Robinson. of New York, is in mourning for her favorite dog. which for many years had the distinction of being a welcome guest at the annual fetes in honor of the late King Edward. The dog remains shortly are to be transferred from it's temporary grave in Mrs. Moore's back garden to A private tomb.
 A sculptor has been engaged to de- sign a monument and a poet may be hired to write an epitaph in momor.: of the dear departed.
The Nome daily nugget., 1913-06-27
cuIEeRA CUT SLIDES AGAIN

PANAMA.-A fresh slide occurred yesterday on the East bank of inc canal at Culebra. heaving up the bot tom of the cut in the same manner as on previous occasions Four con- struction tracks were destroyed. leav- ing only one In commission.
 The break was 6 repetition of the original movement on February 6. which action. 1t is said. probably will be repeated several times before the heighth of the bank and the volumn of material are finally reduced.
The Nome daily nugget., 1913-06-27

It has been suggested that one of the events to be brought on during the Fourth of July celebration ought tn be an automobile handicap race. There are everal cars here but as some are much better than others A hs ndicap would have to be taken into account. It has been suggested that tie race could be on the Bessie road which is in good shape enough.
The Nome daily nugget., 1913-06-27

The dredge of the American Com pany Is now being constructed at the mouth of Peluk creek. It is within easy distance from the city and gives q fine opportunity to people to see a dredge in construction. There is enough work in sight for half dozen years. Manager Bernard says, without moving
The Nome daily nugget., 1913-06-27
NEWS NOTES

A member of the local democratic committee stated last evening that A E. Todd is a candidate for appoint ment now 10 the third division. The withdrawal of the nomination Of Exum leaves clear field once more. Agent Carroll of the Alaska steam ship company here is the only man in Nome who knows Exum. He des- cribed him as a small. light man and never heard anything against him.
The Nome daily nugget., 1913-06-27
New stock of ladies Call- ing cards at Nugget office
MINERS RESTAURANT
 HAS MANY DELIGHTS

Fresh oysters in the shell and frssh articles of all descriptions keep the Miners Cafe always up to the outside city standard. Music of . delightful kind is played every Saturday and Sunday evening during the dinner. It is now f'oms's chief pleasure resort on such occasions.
The Nome daily nugget., 1913-06-27

Billie Sales and George Grissoy are bound for Teller to transact some pu .,ness connected with the lawsuit over valuable ground on the right fork or the Biuestone.
The Nome daily nugget., 1913-06-27

The amount of freight which came to Nome this month Is 3.e77 tons. The lumber arriving was 2l.i43 feet These figures do not include the freight and lumber for St. Michael.
The Nome daily nugget., 1913-06-27

oscar Ashby will operate with the Topkok ditch as soon as matters have been arranged. The property must first be sold 10 satisfy the judgment obtained by him this week before work can be begun. He says that mo- thing can be done until about the first of August but that then he will cer- tainly open operations.
The Nome daily nugget., 1913-06-27

Judge Cchoneld and E. E. Powell went on a fishing expedition few days ago but returned without a fish. They travelled by automobile and got stuck so badly that they had to dig out the car several times. Added to that fact they failed altogether to find the fishing place.
The Nome daily nugget., 1913-06-27
THE NOME DAILY NUGGET. JUNE 2. l9ls

day. In the Arnold party are fonr people while four others who oro also coming to Nome arc travelling w''h them.
The Nome daily nugget., 1913-06-27

It is feared by some of the shippers that the Navajo vii go to St. Michael before coming to Nome. Should she do so 1t will delay the mail. She ought to arrive here about Sunday If she comes direct. The TampIco and AsunciOn have cleared from St. Michael for the outside.
The Nome daily nugget., 1913-06-27
JAPAN IS BUYING
 BRITISH STEAMSHIPS

LONDON.-Scverai British steam ships, ranging from 5000 to 5000 ton mage havo been sold to Japanese buy CTS In tho last few days.
 These include the Narrung. Benacrc. Bentala and Vndala.
The Nome daily nugget., 1913-06-27

Two new outfits have been put o'. Dry creek. One is on t"o ap'Ne one is on two below.
The Nome daily nugget., 1913-06-27

Dr. Arnold Is expected to arrive on the seddon from St Michael. He and his family are due at St. Michael to-
The Nome daily nugget., 1913-06-27
We will save you the time and

We will save you the time and trouble of writing the local news to your friends on the outside. by mnr- ing tho Nomo Weekly Nugget to any address in the states for 50 cents per month.
The Nome daily nugget., 1913-06-27
RELIABLE TAILOR SHOP.

Front street, three doors west Of the Alaska Bank.
 Cleaning, Pressing and Repairing for ladies and gentlemen promptly and nsatiy done
The Nome daily nugget., 1913-06-27
SEND YOUR LAUNDRY

To the Peopies' Laundry whore you Will receive sood work sxscuted by none but white employes. who receive the standard wages-
The Nome daily nugget., 1913-06-27

THE NEW EAGLE. The home of straight whisksys.
The Nome daily nugget., 1913-06-27

We print anything and svsythho in job printing line at the Nueese ,
The Nome daily nugget., 1913-06-27

The site for the detention hospital has not yet been chosen.
The Nome daily nugget., 1913-06-27

@Ths Peoples Papsr"-Noms Nusss'
The Nome daily nugget., 1913-06-27
TO GET THE NEWa

rnat interests Alsskans you shsao subscribe for the Daily Nugget S1e per month delivered.
The Bridgeport evening farmer., 1913-09-02

Today, Continuous Performance from
 1880 to 1O:3O P. M.
The Bridgeport evening farmer., 1913-09-02
-P 4 TIE NT g.

A. M. WOOSTER, AftoFney-aG-LIaus, Late Examiner C. g. Patent Offses 111b MAIN ST, SECURITY BLDG
 BRIDGEPORT. CONN. Send Postal for Booklet 5n Paasnaz