davidaulloa/AmericanStories huggingface dataset:
The evening world., 1914-03-03

WI - hSC uVSsuSo W.
emphasis further his ~
a. turn to Crowheart BY iseu.
.u0 ing Invitations. for Q din.
nsr to b given In the Ter.
ribsrry House. ressrving the an
OF his future plans for
this occasion: and. although Crow.
heart did not realise Il at the time.
this dinner was an epoch making
function. II vs. not until the Dr.st-
"a Invitations wosdsA with such sis-
gancs by Syivanus Starr were Issued
that Crowhsart dimly suspected there
were sheep and goats. ana this was
the initial step toward separating
them.
The making UP % . social list In
any frontier town 10 not without IT,
pushing features. AID Mr.. syuAo IN
this instance found Il particularly
diMlcuit once he began 70 diserimi.
nate.
First there cans the awkward
question Of his rsiatives By marriage.
At nrst glance Il would have seemed
rather necessary 10 head the list
with 0randmothsr Kunksl. but the
fact that she was also The hotel laun.
dress At the tims made II . subject
for debate. Once. Just oooe, he Was
willing TO test the social possibilities
Of his brother-in.law. % 0ymee mag.
nanimously gave him bic chance and
the name Of Adolph Kunkel headed
the list.
through the sieve. and the STAIRS. and
DR.. Emma Harpe. but there was the
embarrassing question Of xro. Alva
Jackson who had but lately sold her
dance hall. goodwill and hxturee. 70
marry Alva jackson. a prosperous
- too pro:psrous. M.
Would the presence Of the sprightly
Faro Nell giys . touch Of pssusncy
Could rich old Ddouard Dubois b
Induced 10 change his shirt II in
vited? Tho clairvoyant milliner was
barred owing TO the fact that she
wns "in trade" hut "Tlnhorn Frank"
who no longer sat drunk and collar
less In his dirt-hoored saloon FUN
bling . deck of cards thick with
crime, went down upon the list a.
"Mr. Rhodes." the citizens OF Grow.
heart learning his name for the hrst
time when Il appeared on tho Sign
nbovo the door Of his new real estate
once.
when the dimcuit undertaking was
complete MrS. symes looked over his
shoulder and read the list.
"YOu haven't Essie Tisdale's name"
Mr.. symsa laughed good-humorsd.
"oh. .hs'l, bs thsrs; she'll wait or
tho table"
"You don't moan 70 ask Essis It's
dnls?" Mrs. Symes's eyes opened.
.,ymes shook his head.
THAT seems awfully mean" insist.
ID Mrs. Symes In feeble protest:
she's always been no nice 70 me at
dances and things"
MY dear" Symes replied impa-
ttently. I'VE cant invite all the people
who have been nice to us. Won't you
ever understand that society must
draw tho line somewhere
Mrs. Symcs pondered this new
thought n long time.
When the Invitations were out and
tho news OF the dinner spread II be-
came the chief topic Of convsrsa ton.
The fact that the dinner was at !
instead of IL o'clock. noon. occasioned
much hilarity among tho uninvite'i
while tho invited guests were more
tinn delighted At tho fashionable
hour. A tinge OF acsrbity was notice.
nblo In tho comments Of those who
wore unaccustomed to the sensation
~ being excluded. among them Mrs.
Abe TUFTS. whose quick recognition
of slivhts lod onA IN bAliAva she had
The evening world., 1914-03-03
%ooooocooooooooooocooooo

Dan Treu. the deputy sheriff. Gle
turned "a knife In Tinhorn's shoulder"
The evening world., 1914-03-03
THE LADY DOC W : 4 s1c


tccpyrsnt 1917, b, j. -. LdJr.uco,t CO..
:. Dr. Enna Ha'.sr. as resi-. .. a fatal opera.
uya. - 'onet 10 .es'e 81, l~nGi'. -ne goes 10
the Ne'tcn boom tJWl of tIoshear,. tq.Ougl
Cr Afnisnyc Andy synss, olAcs sussep Of aoOd
Udipe ls0ts, Is induced 20 mary Augusta krr:
asl. the l1"si p'acksmih us sistvi, WHOM pc had
y ed. :ae abo meets a shee,man. Uuoce o.
name Duous INA dosriet his Istian wife and
as tsv SONS VINO have been rescued tcn, star i
aoH ,y Disk kincsid. a yrrns rrs.stofi. On
MS fetrrn from his honeymoon. symes turns land
bnoae; ard 'prms al irrigation ,'ncm". lie ei-
pans clssefly 10 A. tatty Of csyiiaIs's tse suv'
po,sd I'osslbiii lea % tae ieyiJn.
The evening world., 1914-03-03

"A CHOSEN people.
CHAPTER VIII.
1.-THE Chance Of a LIFETIME"
r. HARPE was still young
\ enough to be piausd by
Ogden Van 1ennop's utter
indifference to herself. He
was now established In the
hotel. apparently for an Indefinite
stay. and they met frequently In the
corridors ana on the stairv. HIS at
titude Of impassive politensss nsttled
her far more than the alert hostility
Of the Daso Duke whom she saw
occasionally. IS i;
The slight ovsrturss. she made met
no response and she minded II the
more that he made no attempt TO dis
suiss his liking for Esaie rislale.
whose laughing sood.naturs and
quaint humor had penetrated the re-
serve which Wa In his manner to-
ward every one else. He seemed even
70 have no desire - take aAvantaSe
q the patronisins advances Of Andy
p. 0ymss. and was content enough 10
spenA . portion Of each day reading
books With mystifying titles ANA TO
ride away iAto the hiils TO b gone
Tor hours at . time. He stiit wore
the rsgaiia Of the osuntry. the 0tstson
hat flannel shirt and corduroys that
were TOO common - attrast attention.
but tie hollews In his cheeks we're
oallng ct az ~. tirsA isek was
galnS hen ~ eyes.
Whoo ~ had oooa Q meath In
CyoWheaSt And had noe made tho
smallest effort 70 "get Q Job he be-
90 - - yoSAF0o1 Win oono osas-
01slsa. xAe fase that - sssmsd al
- ~: :: ~: .sssY e xessa ,s he
20 &c - a - ~ :ss c,e :o;ns s1
SUE . haA tAs ~ White hands Of
Q 61OA-teoe1 egosk. ~ . result Of
~ VARIOUS thsesiss advanced 0g1sn
va Lannop cane Gradually 70 BE-
looko1 q a6kAnoo-A Inst q which he
oeo0ed totally eAolvleu0. And Whon
~ elAlyv0yAnt 01oNDaP Vont int \
6a21o aa1 1eclersl thaa . 0sspeeeAo
$500 e: = ~ - 49, S $3.50; q : - on
DeiaSs1 seraighs g D. uneoa4uni-
essivs ssfsaSsr. a. e Lava Neon
stsss estelIel . rsse -
O 1asRe wco9eeoS ~ e SSot.
~ s.e e!o - e xsesr iceess1t
0Ns. ~ soe - ceacSeet NSSso.
w3oo0 % CeCoasso tno oseev or
sSscc ~ ~ N0eeooo. % w
os.eet ~ oeeoo11ne . 8ooGoSAn
esoue1an 49, $3.50 @ay1An.
~ ~ ooIn eS.aa. - We
.SocsS ousoua VccAT1ne ~ e1ee-
t. ne ~ sex - nao 1cr
~ = Sess3 wen
~ ~ u0o
SkoosS ~ Sess sst
~ ~ s.>>A 49,
psrs kcse ~ 0S6Sa ~ %
"rouOAln6 81 . 49, eoUo6Y - I
shouoeS - Wg1eo a. 01vo 70 Q mt
y eaeo ZeS enc eeroee Mn oeab
n'.i; ny ~ noSS - ~ OF
I. ~. stasSa 49,. SsSlfv .s ss,:n
V9sltisaLlt nake = 80 tSinE
q yOup asAAoN It's - dkoG0o q Me-
tine5eer - lSvss. oess .kf1 d my
s s.% .Ws.lI1 S tnsSseS1 v:sss les
Il xssS.sSs2 INV 0X sey;
ootsaSs sSl ~ ~ SlaaSS III. slth
bANk. Oo01 III = - ~ - Ceu
aoDeeeoate ~ ~
Lov)nO1.
49,
4. 0.s1s soso - w. a. PIT
sN
Oe9eoC - 80 Qssmly.
Ivy uVvnCo e ven L1oeoet low.
smesse 1oen, o!n9!tA6 WIN Ceete
Tos y ynu. Seoo1e4 her
The evening world., 1914-03-03
CHAPTER VII.
The Sheep From, the Goats.

10Y p. sYMES decided 70
emphasiss further his ~
turn to Crowheart BY iseu.
ing invitations. for . din.
nsr TO b given IN the Ter.
The evening world., 1914-03-03
CHAPTER ".
1.-The Ground Floor"

HE painting of the roseats
picture had flushed MFR.
Symes's cheeks; "Symes-
vile" or "symeston" rose
The evening world., 1914-03-03
,...A CHAPTER Y.
Another Case IN Surgery.

Z. EMNA HARPE waIKeu
brlskiy into her once and.
taking ton silver dollars
and some worn bauk-notes
Srom the pocket OF her
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
LEGAL.
No. 1882
A. E. Hess &C. F. Harder and 8. G.
Holmes. Appellants).
E. 8. Conway ct al, Appellees,
Auneal- from Woodson County.

E. 8. Conway ct al, Appellees,
Appeal, from Woodson County.
OPINION DENYING A REHEARING.
syllabus BY the Court isnrcn-
!. The case of In Re Burnette. % Kan.
Geo, IS Pac. SIS, SO far as 1t points out the
distinction between original and appellate
jurisdiction and the lack of power on the
part of the legislature to confer original
jurisdiction on this court, followed
q Section $50 Of the civil code. provid-
ing that all cases except those triable by
jury as a matter of right this court may:
on appeal, receive further testimony and
adopt such procedure as may be neces-
sary or expedient for a full and final
hearing and determination Of the cause,
would be unconstitutional II construed TO
authorize a prolongation or renewal OF
the trial of issues of fact In this court on
appeal.
tionality it must be interpreted merely
as providing this court with ADEQUATE
means for exercising its true appellate
Jurisdiction. The nature of the courts
function is not changed and the scope Of
its original jurisdiction is not enlarged,
but the exercise of its appellate jurisdic-
of aids to review supplemental to tho
strict record of the cause and sufficient
to meet the exigencies of any case.
court may, in the exercise Of its appellate
jurisdiction, avail itself 4 authentic evf-
dence outside the record to prevent a
circuity Of proceeding. to protect its
jurisdiction, to protect itself against I'M
position where the controversy has been
settled or for other reason no longer in
fact exists, and perhaps under other
peculiar and extraordinary circumstances.
s. In this case a trial of the issues Of
fact occurred in the district court In Au-
gust 1912. A rehearing was granted and
another trial occurred in February. 1912.
when the parties extended their evidence
to their OWL satisfaction. Evidence which
was availa BILE then and which merely sup
plements the proof offered in the district
court is now rendered to this court. Held
the court is not authorized by section $50
of the civil code to receive and consider
the evidence and no occasion exists for
departing from the rule that after the
district court, which is created and
equipped for that purpose has made a
final determination of the issues of fact
in cause, original investigation of such
issues is closed.
6. The form of procedure which results
in an exercise of the disciplinary power
of a court over one of its attorneys Is not
material to the validity of the order so
long as the essentials of fair notice and
opportunity to be heard are observed, and
in this case it Is held that every require
ment of due process of law was satisfied.
Z. Upon reconsideration of the entire
cause the original decision is adhered to.
All the Justices concurr1ng.
a true copy.
Attest: D. A VALENTINE.
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18

No. 1886.
w. b. Culbe-tson, Appellee,
VS..
B. J. Sheridan and Frank M. Sheridan.
Appellants.
Appeal from Reno County.
AFFIRMED
Syllabus. BY the Court Burch I
l. The defendants wrote letter to a
real estate agent placing tract Of land
in his hands for sale at net price of
$11.50 per acre. the land to be sold at
enough above the price named to pay the
agents commission. The defendant re-
market or to change the price without
notice to the agent. The letter came into
the hands of the plaintiff. a real estate
Correspondence with the defendant fol-
lowed in which the plaintiffs efforts were
recognized precisely as If the letter had
cured a purchaser for the land at the
price of $3.50 per acre and so notified the
defendants Afterwards the plaintiff
together and the defendants sold the land
to the purchaser for $3.50 per acre. on
terms satisfactory to them. Just before
the contract of sale was signed the de-
80 per acre net to them. Held. the de-
PENDANTS are liable to the plaintiff for the
in the letter and the selling price, as his
commission.
2. The petition set forth informally and
%of;ors 10 strka nt the ase more
definite and certain, and to separately
state and number, and a demurrer, were
overruled. When the case was called for
trial the defendants were prepared to
proceed. All the evidence of both parties
bearing upon the transaction involved
was produced and the cause was fully
tried. Held it is of no consequence now
whether or not the petition contained tr-
relevant matter, or presented the PLAIN
tiff's theory of his rights too clOudily or
too simultaneously. or upon close analysis
lacked definite specification of some eie-
ment necessary to the formal and tech
meal statement Of legal claim for
real estate agents commission.
8. The plaintiff and two other real
estate agents officed together, each pay
ing part of the Office expenses, each hav-
ing his own desk and stationary, and each
doing business in his own name. When
ever one assisted another IN negotiating
a sale of land the commission would be
divided. The plaintiff acknowledged that
he was under obligation to divide the
commission in this case. Held, the three
men did not constitute firm having
partnership claim against the defendants.
There was no privity between the defend
ants and the PLANTERS associates. the
commission earned belonged to the plain
were entitled constituted a personal debt
due from him to them, and the action
was properly commenced in the plaintiff $
name.
A. Various assignments of procedural
error examined and held to be ill-founded
and the matters complained of to be
without prejudice to the defendants sub
stantial rights.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
LEGAL.
No. 1886.
In re Clay Miller, Appellee,


In re Clay Miller, Appellee.
w. w. Gordon, Chief of Police. Appellant
Appeal from Wyandotse County
Division No. l.
REVERSED
syllabus. By the Court Porter l.
l. Following the decision in In re
fet1tt, 81 Kan 657, la Pac. 1911. it is held
that since the adoption of the amended
code an appeal may be taken to the dis
tr1ct court from a decision OF the probate
court discharging the petitioner in a
naDeas corpus proceeding.
z A chief of police, who is made the
respondent in a habeaS corpus proceed
ing, has such an interest therein that he
may prosecute an appeal from an order
OF the probate court discharging the petit
toner. The case of Cook " Wyatt 60
Kan SCI. 81 Pac. $50, is overruled.
3. The respondent in a habeas corpus
proceeding appealed to the district court
from an order of the probate court dis
charging the petitioner. The district
court dismissed the appeal on the ground
that it had no Jurisdiction. The petitioner
then appealed to the supreme court. No
supersedeas was. granted and no stay was
asked of the order discharging the petit
TONER Held, that the questions raised
are not moot. and that in case the district
court upon trial Of the appeal on its
merits remands the petitioner, the court
in which the prosecution was commenced
Will have authority to issue a warrant for
the petitioner If that is found necessary.
Johnston. c. j., Burch. J., Mason, J.,
Smith, j., Benson, j., concurring.
West j., dissenting.
true copy.
Attest: d. A. VALENTINE
tSeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1857.
No. 1857.
Robert NJ. Hay, ct al, plaintiffs,

No 1851.
Robert NJ. Hay, ct al, PLAINTIFFS,
Thos W. Dorm as City Clerk of the City
of Junction City. Defendant.
Original Proceeding in Mandamus.
Writ Decied.
Syllabus BY the Court. Smith. ).
l. After a petition has been filed by
the electors of a city Of the second class
for the recall of an officer Of the city, the
s.gners to such petition may revoke their
action in signing the petition at any time
before the petition is finally acted upon
2. Where such petition, after the de-
mand for the recall, of an officer, also
prays for the election Cor nomination. OF
another person named to succeed the Off
Ger to be recalled. the petition is invalid.
All Of the Justices concurrtng.
true copy
Attest: D. A. VALENTINE.
tSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1854.
Tobias Byland, Appellant,

E. 1. du POnt de Nemours Powder Com
pany, Appellee.
Appeal from Cherokee County
AFFIRMED.
Syllabus. BY the Court Porter. J.
i. In an action to recover for injuries
caused by the explosion Of defendants
powder mill there was no substantial evil
dence direct or circumstantial fairly tend
Ing to prove that actually caused the ex-
plosion. HELD, following Brown v. Rail-
road Co, 81 Kan. 7o1. 10s Pac. 1901: ut is
not sufficient to show circumstances which
would indicate that the other party might
have been guilty OF negligence, especially
when the evidence furnished suggests
with quail force that the injury might
have resulted without fault on the part
of the other party and that the court
rightly sustained a demurrer to the eyf-
dence.
9. Where in an action founded upon
negligence the plaintiff alleges specifics
the negligent acts OF the defendant upon
which he relies to recover. he must prove
the negligence alleged and will not be
allowed to make prima facie care rely
ing upon the doctrine Of res ipsa loquitur.
3. Plaintiff was injured by the explos-
ION of defendants powder mill, and alleg-
ed among other acts of negligence. failure
of the defendant to provide some appli-
ance to prevent metallic thumb-nuts from
falling through a defective screen. and
alleged that by reason of the absence of
such an appliance, metallic thumb-nuts
found their way into the inflamma bic
mixture and caused the explosion. At the
time tho explosion occurred the plaintiff
wis not at work near the machine but
stood outside the building where 1t was
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
LEGAL
ff7rsf published in The TopekS stSss
Journal Monday. Nov. 14 19141

Resolved, that the Mayor and Board az.
Commissioners OF The City Of Topeka,
Shawnee County, Kansas. deem Il neceo--
sary for the best interests Of said city,
that the alleys between Polk Street and
Taylor Street from Tenth Avenue to,
and paved twenty COZ feet wide With,
twenty per cent {209c yitrified blocks on 8
four "a inch concrete base with groue
w. G. TANDY, Commissioners.
I, C. b. Burge. City Clerk Of the City
of Topeka Kansas, do hereby certify that
the above and foregoing IL q true ana
correct copy OF the original resolution now
iseai. c. B. BURoE. City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 10, Az
The State of Kansas, Appellee,

NO. ~,
The State of Kansas, Appellee,
Charles P. Warner, Appellant.
Appeal from Clay County.
Reversed in part and remanded for In
duct of jury.
Syllabus. BY the Court. Mason,
: 1. Instructions in criminal case,
where the defense of insanity was inter-
posed, held not to have been materially
erroneous.
2 In the circumstances presented, the sole
defense relied upon being insanity. an
error in allowing inquiry to be made con-
corning the reputation of the defendant
after the commission of the acts COM
planned Of does not require the verdict to
be set aside.
s. An argument made by the prosecut-
ing attorney, the conduct of persons pres
ent in the court room. and the comment
of the trial judge therein. held not to re-
Quire new trial
f. Where a verdict of guilty is rem
dered without any materially erroneous
ruling having been made by the court.
but upon motion for new trial COM
conduct of the jury is enormously re-
iected. it is not necessary that a new trial
of the guilt or innocence of the defend
ant should be ordered by this court, but
the cause may be remanded with direc-
lions that the proceedings shall be re-
sum at the point where the error was
committed.
All the justices concurring.
true copy. "
Attest: D. A. VALENTINE.
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. Is. 446.
NJ E. Pierce. Appellant.

Maurice C. Shelton, ct al. Appellees.
Appeal from Fsnney County
AFFIRMED.
Syllabus. BY the Court. Johnston. c. J.
l. An order of dismissal may be set
aside and the cause reinstated without the
service OF new summons where the or
der of reinstatement IS made at the same
term and while the counsel for the op-
pos;te party is present In court and has
actual notice OF the application
2. A tax deed, the validity Of which was
challenged before the fire-year statute
OF limitations had run IN fts favor, Was
Issued Ter ~ tnsu1IetoNt eoqetl eEq4toa
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1889.
John T. O'Keefe. Appellant,

No. 1889.
John T. O'Keefe, Appellant,
Kansas City Western Railway Company
Corporation. Appellee.
Appeal from LeavenwOrth County.
AFFIRMED.
Syllabus By the Court Smith
/. There being no evidence of any ac-
cident to the car or to any of the ap-
purtenances thereto or to the track. proof
of appellants injury was not sufficient to
cast the burden of proof upon the appel
lee to show that the company or it's EN-
ployees were not guilty of any negligence
that caused the injury to the appellant
but il deyolved upon the appellant to
establish his allegation that his injury
was caused by the negligence of the sp-
rellee or its employees operating the car
2 The word accident" as used in the
rule stated in the first paragraph of the
syllabus in Railroad Co. " Burrows, 81
Kan. So. 81 Pac. 439. and in Railway Co
y Brandon, a Kan 612. 95 Pac- 553. refers
TO an accident to the car or train in which
the passenger was riding ard not to an
Individual accident to passenger.
All of the Justices concurF1ng-
true copy.
Aften<: n. a. YAI>E1aTINE
f4<&E1 E3etk 4nDf<44 Gp4He Z
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
d. A. VALENTINE.
Clerk Supreme Court
No. 1851.

No. 1851.
II. T. Moore. ct al, Appellants,
The Life & Annuity Association, Appellee.
Appeal from Mcpherson County.
REVERSED.
Syllabus. BY the Court Smith. J.
l. Where action is determined by q
trial court upon demurrer to the evil
dence of the plpa.ntiff it is not requisite
to entitle the plaintiff to an appeal that
he should have presented q motion for =
new trial in the district court
: Under the policy Of Insurance N
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
LEGAL.

this case the plaintiffs were entitled to a
pa1d-up policy on demand therefor at any
time after three years from the first pay
ment thereon and to the amount of as
many twehtieths of ST. C0 as were the
years the policy had been in force. Such
demand having been made at proper
time and rot complied with, the plaintiffs
were entitled to maintain an action for
damages in the amount of the cash value
OF such paid up policy.
3. 1t is not the policy of the law to
compel party to continue making pay
ments for a term OF years under a con-
tract where by reason of changed condi-
payments should be made or the effect of
payments is in dispute but the rights of
the parties should be adjudicated as Of
the time an action is instituted for that
purpose
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
tSeal] Clerk Supreme Court
No. 1887
Thomas B. Porter, ST., Appellee,
VS.. va
Chas. T. schroll. Edna S. Wood, Appel
liant.
Appeal from Hamilton County.
AFFIRMED.
Syllabus BY the Court. Benson. J.
I. Where a mortgage contains distinct
clauses wherein the mortgagor covenants
to pay the debt which it secures accord
ing to the terms of an accompanying
promissory note and to procure and main
tain insurance upon the buildings upon
the mortgaged land; and also contains a
clause that upon failure to comply with
any of the foregoing conditions agree
mentS the whole sum secured by the mort
gage shall become due without notice, a
breach of the agreement respecting fnsur-
ance accelerates the time of payment, the
debt becomes due at the option Of the
owner of the mortgage, and foreclosure
may be maintained.
2. A petition which sets out a copy of
the mortgage with conditions as stated
above and alleges failure to keep the
covenant respecting insurance states a
cause of action, although there is nothing
then due upon the note according to its
terms.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
[Seal1 Clerk Supreme Court.