davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11
SUPREME COURT .SyLLABI.

NO. lB,S9S
st w. H. Holmes. Appellant.
VS..
F. H. Holt, ct al, Appellee.
Appeal from Shawnee County.
First Division.
Opinion on plaintiffs petition for recon-
REAFFIRMED.
Syllabus. BY the Court. West, j.
I. One who has taken q deed for land az
a security for q debt may be aqd under
the circumstances of this case ia entitled
to q lien thereon although not In position
to claim the rights OF a mortgage in pos
:. when in a course Of dealing covering
different tracts Of land he has paid GER
thereof he may be and under the facts
here shown is entitled to a lien on all
such land to secure such payments.
3. One who in good faith believed himself
the owner Of certain land procured pos
session thereof by inducing his adver-
sary's tenant to lease from him, such
lease to begin at the expiration. OF the
one granted by such adversary, such ten
ant continuing to cultivate and grow crops
on the land. At the end Of prolonged lit
igation it was determined that such pos
session was wrongful and unlawful.
HELD. that as the possession and ap-
preparation of the crops constituted at
most an innocent rather than = willful
possession and had not raised the crops
himself, he was entitled to recover there
for only the fair rental value Of the land,
and not the net value of such crops after
they were grown and gathered.
T. While such controversy as to title
was pending and while the defendant was
renairs IN the barn upon the land which
were necessary to prevent it from ruin.
HELD, that in an accounting he should
be allowed for snch expenditure. Like
wise TO y trifling item Of repair to q
for the plaintiff.
s. The trial court after confirming a
- 49, .. rot ho,,nN nv III. a,,00ort1nv,e
e,nhot1;ed in a written onfnion med with
HE renort
e When such report recommends that
the defendant be given lien on the
land in controversy for the amount due
him from the plaintiff the court, having
confirmed the report. has power and
Jurisdiction to order the land sold to sat
isfy such lien notwithstanding the report
is 70 the eject tfat- the defendant IL not
entitled TO a foreclosure OF certain deeds
decreeI to he morteaEes. !
! referee to consider the report q survey
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11
CLOSE I'M

New. Al modern. 7-roQm house, COM
sisting OF large living room. avery large
dining room, den and kitchen on first
floor, bedrooms. including large enclosed
sleeping porch and bath on second floor,
built In pantry and large roomy closets
first floor. stairway and upper hall fin
ished IN oak, bedrooms and bath in white
enamel with mahogany doors. This house
IL close IN son West side, and will have to
be seeu to be appreciated. Price reduced
to $500.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11

LOST AND FOUND.
LOST-Gentleman's open face plate Elgin
watch. Liberal reward. 2S16 Red.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11

WANTED-STrUAT
PROFESSIONAL. hypnotist wants posi-
ton with travelling company. For inter-
view address John J. Meyers. General De-
livery. CITY, = .2y9ri s:'s~ =
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11

RON sALE-REAL ErAIH
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11
BUSINESS CHANCES

FOR SALE-Grocery and meat market
clean fresh stock. Selling on account i'll
health, reasonable rent. Call phone 1872
Red.
FOR SALELGood grocery business, West
side. $160o-$1. 700 to handle. Address
Cash. Care Journal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11
T.. y. OLANDER
Phone 4s9-W. ls1 Kansas Ave.
SQJlBQJlR BAN

10 acres choice land miles on macadam
road. 1 acre alfalfa, 5 acres potatoes.
corn. etc.: variety of fruit Nearly new
cottage, rooms. cellar and porchee. barn.
COW shed. poultry house. wells. album
dant water. 8 800.
Three miles out. about 4 acres, some
alfalfa, variety OF fruit, well, cistern. Z
r. house. barn poultry houses. big lawn
and shade. All good repair, an attractive
place, cheap, $500.
J. e. TORRINGToN.
100 West Sixth, Tel. "a.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11

LEGAL
published in The Topeka State Journa
August II, 1914
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11

uscEILANEOUs.
SELLERS, 313 West Srd. resilvers dam
aged mirrors; make them like new At
one-fourth cost new ones. Phone 127.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11

FOR RENT-MISCEIIlA
FOR RENT3The Allkire farm. ia mile
east of Topeka. Phone ESQ XII
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11
$3.50

nue., 4 room cottage. outbuildings. close
to pavement. Price $50. 500 cash. bal
anca q 10 Der month. -
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-11

BOARD AND ROOMS.
DARBY gives a good meal for Zoe. Ladies
Exchange. ia East It'll.
TOPEKA HOTEL, 10 W. 9Th.
Modern rooms with hoard. SIS per day
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
ANOTHER BURGLARY

Last Friday night the store of
D. H. Biethan was visited by burg
lar who got away with $5.95 in
money and about five 'or six dollars
worth of watches. Howard Bietha1,
who sleeps in the store, was awak.
ened about 1880 by an aching tooth
and arose and went out on the street
hoping the fresh air and a smoke
would give him some relief. When
he returned about l o'clock in the
morning he heard footsteps and saw
a man jumping around among the
goods trying to find an escape. How
ard took after him and the thief
ran up stairs where he found an
open window and made his escape
to the street. A pile of goods
was found 'on the floor which the
burglar evidently had arranged to
take consisting ct neckties, etc.
Howard could give no description OF
the intruder who left no. clew be.
hind him.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
ALL EUROPE
IS in WAR

Brussels (via Paris), Aug. 6, 1888
a. m.-Several thousand dead and
wounded is the toll paid by the Ger
man army of the Meuse for it's at
tack on Liege. The Belgians made
a heroic defense repulsing the
Germans after heavy and continuous
fighting, killing and wounding thou
sands.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
REV. JEWELL
RESIGNS

1t was announced from the pulpit
OF the Baptist church last Sundav
that the pastor of that beautiful new
church had resigned and would
preach his farewell sermon on tho
last Sunday in August. We have
been informed that he has accepted
the pastorate of the First Baptist
church at Idaho Falls and will be.
gin his duties there September Ist.
The Rev. w. r. Jewell leaves be-
hind him countless friends in and
out of the church, whose respect and
good wishes goes with him to his
new field. During Mr.. JEWELS So
journ in Blackfoot he has been very
successful spiritually and financially
having supplanted e dilapidated and
crumbling church with a handsome
brick edifice costing $4,000, a church
that is a credit to Bleckfoct and O
lasting memory to the pastor whose
influence and ambition raised tho
money for its construction.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06

Attorney Katerndahl of Shelley, is
doing editorial work on the Courier.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
T. n. cHRIsTY REPORTED ILL

The many friends of T. H. Christy,
formerly cashier of the First Ma
tional bank, will regret to learn that
his pathway in life has net been
strewn with roses since leaving Black.
foot about a year ago. While tray
cling about looking for location he
has met with many disappointments
and reverses. until the snug little
fortune he left Blackfoot with has
almost entirely disappeared, and
with it his smiling courtenance and
cheerful disposition. When las.
heard from he was in Oakland, and
it is reported here that he is mer-
tally derarged, but fortunately not
hopelcssly so, as 1t is believed that
time and care will assist him to
forget his disappointments and fl
nancial losses when his naturally
bright mind and happy disposition
will return.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
". I. s. NOTES

The City Park is in splendid con-
dition and the " l. S. members have
reason to be proud Of it. We feel
gratified that SO many Of our citi-
zens and especially the children have
been visiting it and taking advantage
Of tho cool shade or hot afternoons.
Benches, swings and croquet set
have been provided for the comfort
and entertainment Of visitors. We
extend a cordial welcome to every
one and wish you would acquire the
habit of visiting the park frequently.
Next week the v. l. S. intend to
give a grand opening open air festi-
val at the park. Watch for the
date.
MRS. FRANK DerkAY, Sec.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
BURIAL OF
T. S. DIBBLE

The funeral of the late T. S. Dib.
BILE, the well-known automobile dealer,
was held last Saturday afternoon at
2 o'clock. The auto cortege formed
at tho Brown Eldredge undertaking
parlors and slowly wended it's way
to the Catholic church, where the
Rev. Father Gresl conducted the
services, and from there to the Grove
City cemetery. About thirty auto.
mobiles were in attendance, and two
Ford cars sold by Mr.. Dibble, and
occupied by Rev. Gresl and Under.
taker Peck, preceded the procession.
The large Hudson car owned by c.
v. Fisher carried the pallbearers, and
a draped truck tho remains. The
floral tributes were numerous and
grand. Including sister, sister-in-
law and cousin of the broken-hearted
widow, about an hundred sympathiz.
ing friends accompanied the remains
of her beloved husband to their last
resting place. In addition to his
wife and brother in Blackfoot the
deceased leaves to mourn his sud.
den demise a mother and father in
Watertown, NJ Y.
The burial was under the auspices
of the Bingham County Automobile
Association, personally conducted by
its able secretary, J. H. Early.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
GRAND OPENING
OF CITY PARK

The City Council held a regular
meeting last Tuesday night with 4
quorum present and Mayor West pre-
siding.
The minutes of the previous meet
ing was read and approved.
Mayor West announced on behalf
cf the V. l. S. ladies that there would
be grand opening OF the city park,
Friday, August IA, when brass
band will be III attendance. Dancing
and other amuse-nents will be th
order of the day. and the ladies hope
that everyone who can possibly be
present to be there, as theprocecds
of the opening will BE- used for the
benefit of the park, and they think
almost everyone can afford to be
present and donate 1t least their
admission fee for which they will
receive full compensation in a plea
SAINT day and the knowledge that they
have contributed their might to
giving Blackfoot public park.
The village attorney was instructed
to transfer from p. G.. johnson to
the city the contract he held from
the state for that track of land
which he bought for juvenile park,
and reimburse him for the amount
he has paid out, and arrange for the
city to pay the balance in fourteen
annual payments.
Mr. Astel was granted permission
to remove tie ditch in front of his
house at his own expense and under
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
GOT HIS MAN

Last Sunday night Sheriff Jones
returned from a several days hard
trip in the mountains in quest of c
horse thief, who stole saddle from
a man who lives near Shelley. The
alleged horse thief's name is Will
liam E. Mecham, and he was track
ed to Gray's Lake, where he was
finally captured.
After preliminary hearing the
alleged horse thief was put under
bonds to appear for trial next Set
urday.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
GOOD FLAX CROP

Henry Tester, who resides about
Is miles west of BlackfOOt and six
miles from Taber, was in Blackfoot
last Tuesday with fine bunch Of
flax that he raised on his farm. It
is about eighteen inches tall ap1
proves beyond doubt that flax caA
be successfully produced in Idaho.
We are informed that there are
about 700 acres Of flax in the VI
cinitv of Taber.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
CANDIDATE FOR
ATTORNEY GENERAL

Harvey. Upon Utah Icing admitted
into the Union the first session of
the legislature created code COM
mission to adjust the laws to the
constitution, and upon the earnest
recommendation of the bar Mr.. Lee
was selected as one of the members
of this commission vita Major Young
and Judge Smith of Salt Lake City.
This commission prepared the code.,
Of 1898 and upon the completion of
this work Mr. Lee was asked NV his
former law partner, A. C. Bish op,
who was then attorney general to
accept the appointment as assistant,
in which position he served three
years having charge of all of tn,
court work of that office.
Before leaving Ogden Mr.. Lees law
firm had charge at Washington of the
application to segregate the lands ly-
this state embraced in the application
of the American Falls Canal & Power
company which was the first segrega-
tion in Idaho under the Carey act.
This project has been completed and
is one of the best systems in the
state having cost more than a mil
lion dollars.
This enterprise ard his interests in
it, he being general counsel for the
company and also having land inter
ests under the system, resulted in his
taking up his residence in Idaho in
1908, but he retained an office in Salt
Lake City until 1911, at which time
he removed his library to Blackfoot
where his family had been residing
for several years.
Mr.. Lees first wife died soon after
his removal to Utah where he had
gone in hope of benefitting her health.
By that marriage there are three
children, the eldest being Robert c..
Lee, who entered Annapolis at 16
and has been since his graduation
with the U. S. S. Delaware until
the beginning of hcstilities in Mexico
when he was transferred to the Pa
cific fleet. The two daughters live
in the south.
Mrs. Lillian Seaton Lee was Miss
Seaton of Evanston, Wyo., and she
and Mr.. Lee lost their only hoy, a
bright lad of fourteen, two years ago
by accidental shooting.
Mr.. Lee has had a wide expert
ence in the practice OF his profession
having been engaged in much appel
late court work including several
cases in the United States supreme
court. His business has been general
pertaining to matters involving large
financial interests and he is regarded
as safe, conservative adviser by
the large business interests he repro
sents.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06

the supervision Of the street ant
alley committee.
The matter of the Kirkpatrick ditch
was laid over again.
The following received building
permits:
For frame residence OH lots 16
II and IS, Danilson addition, to cos,
$4,000
C. v. Fisher and F. w. Bergman
two frame residences on lots 16 te
20. Dnnilson Addition, to cost $4,000.
Nadit Stone to build frame build
ing on lots 9 and 10, Danilson addi
ton, to cost $4,000.
w. H. Montgomery to build new
front and extension of brick store
On South Main, lot 6, block 6S.
Blacl,foot Farmers and Milling Co
to build warehouse to cost $4,000 or
lots 10 to IL Danilson addition.
The usual monthly bills were read
and allowed 4 bill. Of Sheriff Jones
for board of prisolHrs was question
ed by Marshall Simmons who said
he thought part of it had been paid
by the city. Sheriff Jones when
interviewed about the matter said
that if the city had paid the bill
it was without his knowledge. and
that he had receipts from the Idaho
Cafe for the payment CT the same.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
COUNTY BILLS
PROTESTED

Last Friday Attorney Jones, req
resenting H. w. Kiefer, filed papers
with the county clerk praying the
district court to stop the payment Of
certain claims allowed by the county
commissioners, on the ground that
the said specified bills were imprO
per and illegal When Commissioners
Kennedy and Fackrell were inter
viewed relative to the action of Mr.,
Kiefer, they did not seem to be tho
least worried, and informed us that
an investigation would convince the
accuser as well as the public that
there is nothing illegal or improper
regarding their action in connection
with the claims specified in the com
plant, or any other complaint that
can be made against thsm, and
court thorough investigation Ol
all their official acts which they have
endeavored to govern with honesty
economy and impartialty. Being
human they make no pretensions tC
infallibility, but feel confident that
they can dispel any suspicion OF
dishonesty or extravaganza in their
public or private life They concedo
the right and duty of Mr.. Kiefer OF
any other taxpayer to protest all
claims allowed by the commissioners
that he believes improper or Illegal
and will willingly assist any such
protestant to discover and correct
all improper claims that might have
been allowed by them through mis-.
representation on the part of claim.
ants, or oversight en- their part.
Miss Mabel Modem and grandchil-
dren left Sunday for Boise, where
they will spend a couple of weeks
with Miss Molden's sister, Mrs. Henry
Giles.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06
NO PLACE LIKE HOME

Mrs. w. A. McVicar, after an ab.
sence of six months in her old home
in Philadelphia, returned to Black
foot Tuesday night, and was glad
to get away from the oppressive
heat that the people Of that city
have to endure. While there she
was one of the victims of heat pros
tration, from which she has not en-
tirely recovered.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06

William A. Lee, Progressive candi.
date for attorney general, is one OF
the ablest attorneys of the bar of the
state of Idaho. He served as a mem
Der Of the code commission of the
state of Utah, in which state he was
long held as one of that states best
attorneys. He also served that state
as assistant attorney general. 1t was
with extreme reluctance that the
concent of Mr.. Lee was secured, both
because he has an antipathy against
seeking office and because of the
demand that was made that he be-
come candidate for district Judge
Of the Sixth judicial district where
his triumphant election was practi-
cally assured.
Mr.. Lee comes from the famous
Virginia family of the same name.
His ancestors in the direct line mi
grated north soon after the close Of
the revolutionary war and have
been pioneers in several of the west
ern states, Mr.. Lee himself having
been born in southwestern Nebraska
at about the beginning of the civil
war. His people returned to Iowa
enlisted in an Iowa regiment and
was killed in battle during that con
fliot.
Native of Iowa
Mr.. Lee grew up Oh an Iowa farm
just as boys of that day After taking
course at Simpson college he en-
tered the law department of Wash
ington university and after taking
his degree from that. institution re-
| turned to his native state and be-
gan the practice of his profession at
Central City. The failing health OF
his wife required removal to the
intermountain states and in 1892
he removed to Ogden and formed a
partnership with Col. w. H. Har-
vey, afterwards famous as "Coin"
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06

Great Britain declared war on Ger
many Tuesday night.
The momentous decision of the Brit
ish government, for which the whole
world has been waiting. came before
the expiration Of the time limit set
by Great Britain in her ultimatum to
Germany demanding a satisfactory re-
ply on the subject Of Belgian neutral
ity.
Germanys reply was the summary
rejection of the request that Belgian
neutrality should be respected.
The British ambassador at Berlin
thereupon received his passports and
the British government notified Ger
many that a state of war existed be-
tween the two countries.
Sweden has made no answer to in
quiries from Russia and Germany re.
garding her attitude but is prepar.
ing to defend her neutrality.
Japan is making ready to live up
to her alliance with Great Britain
in case of certain eventualities. Spain
is reported to be preparing a pro-
clamation Of neutrality.
Austria-Hungary for the moment
has retired from her campaign against
Servia for the purpose of holding
back Russia and Servia has mobil
lied with the reported intention
Of invading Bosnia.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-08-06

Mrs. Woodrow Wilson, wife of the
president Of the United States. lies
at the point of death.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-11-26

possession of late, but that he had de-
cided not to appear at the meeting un-
less MI. Milton would either attend
or decline to do SO, and that he was
present in the interests OF few de-
positors He then prefaced his re-
marks by the statement that what ne
had to say was not from any reports
but from actual personal observation,
the DEVELOPMENTS having been the out
come of matters which he had been
employed to present to the courts. lie
told of a certain deal wherein rail-
road line seven miles in length twenty
cars, and a mogul engine had been
bid in at public sale by the, receiver
for $500, afterwards selling them TOT
the same amount at private sale, ana
the private purchaser having after
wards disposed OF the prCSerty Tor
total of more than $4,000.
It was related that this property had
been bid in at what the lawyers had
termed ex parte proceedings by the
receiver for s400 In the sale Of these
properties to Mr.. Ewing Reese, HIS
hest and housenate," Mr.. Blount said
the properties were disposed OF at the
figures for which they were bid IN
and on Sept. 10, this sale was made
ON the both, Mr.. Reese had sold 10
Mr.. Pace of the Escambla Land ana
Manufacturing Company the ralls ioE
SIS per ton, which, on the 800 tons
would have meant $4,000, which, how"
ever. was not clear profit. Mr.. Reese
had notified Mr.. Pace that he had
contracted for the taking up Of tae
rails at the price of s125 per mile
aud also had contracted for the de-
livery via the p, NJ. and n. o. at 81
per ton, leaving a profit made, in about
a week of $4,000 to Mr.. Reese. The
latter still had the twenty cars, which
had been bought for $500, on hand
and which were valued at 1913 per
car. which would make total Valua-
tion Of $500. Mr.. Reese, II was stated
admitted such facts. It was furtaef
shown that, after Reese had sold 10
pace Milton went to Judge Sheppard
of the United States court, for a con
fi1nation of the sale, and the name OF
T. L. Waters had been inserted 70
make the conveyance, waters nelns
shown as having been the highest pa
der THE name OF Waters had DeeIi
falsely inserted said Mr.. Blount' ana
later stated that Mr.. Waters aan peeh
asked for the use of his name by the
-.reiver so as to make the records
right. There were no fS~o4o9' -
claimed ~. So
! srfehed his talk, a resolution was in
! ,roduced by e. 3. Gonzalez, which was
as follows;
.sRa n resolved that 1t IL the sense
/ of this meeting Of the depositors OF tbs
FIRST National Bank Of Pensacola, that
w. III. Milton, receiver OF said bank
has. in the recent past, in an attempted
J sale OF certain rails. locomotives, lol
F, cars. and other property, covered by
mortgage from the Florida & Alabam'
/ Land Company, owned by said bank
SHOWN an utter disregard Of the inter
4 ests of the depositers and OF his obi
/ CATIONS as receiver, and that he ma!
have incurred liability, for any los
sustained by the creditors of said bank
and that he should not remain longe