davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-21
Danger Of Task Seen.

THE Daily News" has this 10 say:
The American government is COM
mitted to a task OF which IL Is impossible
TO ignore either the difficulties or the
dangers I'm prospect il has been hailed
in the United States with the unreeect-
ing enthusiasm with which excitement
approaching war is generally welcomed
ny the mob For the moment this doubt
less Is Of advantage to the government
hut there is no reason TO suppose that
tire cold NJ which invariably su,ceeds
.hese outbursts of tingosm will not fol-
low. In this case It will probably take
place rather more rapidly than usual. 1t
riay prove possible &c starve Huerta into
submission. but the immediate and al
most natural result c. serious invasion
would be TO unite all Mexicans against
the foreign invader"
THE Daily Graphic says:
president Wilson Is making war not or
Huerta, but on Mexico. Such a war has
long been inevitable. II was inevitable
because great. progressive nation can
rot live indefinitely in peace and concord
with a weak and permanently anarchica
reighbor. The inevitaOiity was hasteneC
by the natural growth OF American econ
omic interests and American Jealousy o
other foreign economic interests In tn
rich territories OF this neighbor. Ait
finally was brought 20 a stage of pre-
cjpitation BY President Wilson's own III
Judged policy OF interference in Mexica
internal affairs.
War is. in short. not an accident. bu
a thing predestined by Irresistible causes
Il 10 a
Will bring much more anxiety and EN-
barrassment TO the present generation o
Americans than glory or profit"
EneIsnd's Position Summed Up.
Englands position IN the crisis +
summed up by The Standard" as fol
lows:
This country Is merely an intereste
spectator. Since the beginning Of troubl
our country has been unable to co-operat
with the United States owing TO the differ
cnce OF policy adopted at the outset
Nevertheless. The relations between tn
two powers for months past have bee
perfectly friendly. The Foreign Of,e ha
been kept Informed Of every move take
by the State Department In Washington
and yesterday Ambassador Page paid
special visit 10 Sir Edward Grey's Office I
place him iu possession Of all the lates
facts. The action now contemplated D
the United States has the fun scouies
ccnce Of The British government. aud an.
international complications are extremel
unlikely.
There IL one more point OF :mporta nc
IN the situation. and that is the outlool
with regard 10 British financial and com
fnercial interests. and. generally speak
INK, this IL held 20 be much improved b,
the prospect OF active Intervention by m,
United Statcs."
Dealing with the stock exchange posi
ton. The Post says that the city an,
stock exchange would probably not b.
sorry 10 see active Intervention by tn.
United States. Much immediate loss an,
destruction % property there might be
but N Huerts - not 10 be recognized
u argues, Intervention ~ the only othe
~ay IN which the present rulnous stat,
~ affairs can BE- ended
Tho Times" says this morning
The crisis has come Ia q form which
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-21
Battle RACES All Day.

Private A. Martin. OF Company A. Isl
Regiment, Of Denver. was shot and killed
near Cedar Hill Private Lewis Purcell.
OF Tolo Springs. was shot through IN.
breast during the fighting around tire
Ludlow depot. He IS not expected TO live
There have been no opportuni, es 10 10
over the days battle-ground. which IN.
cludes a district bound by Berwind and
Hastings on the west. Ludlow tent col.
ony on the north. Barnes Station on III.
east and Raneyyile Oh the south. an area
Of Sbout three square miles.
The militia forces are commanded ny
Major p. j. Hammock. Captain Carson
and Lieutenant Linderfelt
Firing began early to-day IN the hills
above Cedar Hill, about mile from Lud.
low and a mile and half from the tent
colony. Lieutenant Linderfelt and his dc.
tachment of sixteen men were cut az
from the main body Of militamen, .om.
manded by Lieutenant Lawrence LIN.
derfet finally took w position south Of
the Colorado C Eastern tracks on wha,
is known as Water Tank Hill
Call for Reinforcements.
The strikers entrenched themselves
along the track, and the fighting RACED
around this point during the early part
of the day. \ call was sent 10 Trinidad
by the militia for reinforcements. AMI
fifty members OF the newly ORGANIZED
Troop A were hurriedly called together
and placed aboard a special train When
the train was ready TO leave Trinidad the
train crew refused TO serve.
After nearly an hours delay Supern-
tendent J. II. Abrams OF the Colorado
Southern took charge OF the train, with
Master Mechanic Roach as engineer and
Dispatcher Willis as fireman.
Under cover Of darkness the strikers re-
treated to an arroyo at the rear OF the
tent colony, where late tonight they re-
sisted the approach Of the militismen, who
gradually closed in upon them. strikers
were entrenched on the north side Of Hast
ings Canyon and fought a small detaeh'
ment of militia from Cedar Hill
Twenty-Five militiamen under Lieuten-
ant Chase are on their wav from Nalsen'
burg to Ludlow to reinforce the men I'M
der Major Hammock.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-21
Prefers To Be Enemy Of United States.

President Huerta has sufficiently
shown that he does not answer 10 this
necessity. but prefers TO act and 10 be
accounted as an enemy Of the Unite
States. He knows President Wilson Will
resort TO force against him only In the
last extremity. and in that certainly has
pursued policy of opposition TO Amer
lea
The I,okal Anzeiger" remarks on the
singular circumstance that the United
States demands satisfaction from ruler
whom il refuses TO recognize. 1t says that
Mexico has not broken all its bridges and
that an understanding is still possible.
The "Deutsche Tages Zetung con-
dennis President Wilson's long delay and
is uncertain whether he now intends to
act or only to create an impression that
he is about TO act.
The "Tagliche Rundschau" blames
President Wilson for General Huertas
present plight, since his refusal to recog-
niZe Huerta made it impossible for him
TO obtain the money with which TO re-
store order. President Wilson's policy. 1t
says. has been neither one of realities nor
one OF idealism. but of democratic doc
trainairism. IT is too early to predict the
course Of the campaign, says the news
paper but one thing is certain-the
United States will have no easy task in
bringing Mexico TO her knees. since the
rebels are likely to make common cause
With General Huerta. 1t continues:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-21

Phoenix, Ariz.. April 20.
To the Editor of The Tribune:
| have so far only approval for Pres
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-21

as sincere friends OF the American peo-
pie. we could well have wished different
Their Justification for forcible interier-
ence in Mexican affairs is far stronger
than the particular pretcxt upon when
the President decided to abandon MS
policy OF watchful waiting.
1t Is Objectionable, howcv-r. how FAR
the aspirations the President voices IN
his message can be realized or the DIS
tlnctions he mentions maintained In prac-
tce. The Presidents diplomacy has been
lofty in aim and spirit but unfortunate
i'm its results.
1T Is not probable that Americans VIII
care TO rest their case for Intervention on
the failure OF the various proposals SUD
nitted to the Mexican government oy
President Wilson during the last year
Rerlin. April 21.-"The Post" this morn
ing closes n bitter anti-American editorial
with the following words.
Germany has no reason To desire an
American victory The American coios
sus would thereby grow still more elsa"-
tic and become more dangerous tor us
The Post" declares that the Ohi'eo
States has for decades had an eye on
It's southern neighbor and has Increased
its influence by argument. uickery anu
force until political aspirations nave
Joined what were formerly only economic
purposes"
II repeats the assertions that The United
States "a back OF the downfall of Dlaz
and Madero and that the comedy Is
about 10 become a tragedy. involving
Nexico's struggle for freedom and indie
pendence."
The Cologne Gazette" however, in re-
eecting the attitude Of the German gov
eminent. says:
THE German people has no cause to
oppose the course Of the United States
with an unfriendly policy. which. besides
having no object, would only injure Ger
many's relations with the United States.
Recent developments in Mexico can only
be regretted as far as they affect Ger
man interests. II the Americans now
succeed in establishing order and peace
I'm that country. there can be no objection
from the German point of view The
American people, who have been kept iii
a state of Continued unrest nv Mexican
affairs since the departure OF Genera
Porflrio Daz. earnestly want at least TO
see peace established across their south
ern frontier and to see government
there which will give security to the
and not endanger Americas huge
interests which she has created in the
Panama Canal.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-21
Army and Navy Orders;
Movements of Warships
rFrom The Tribune Bureau

U TOM H1 ITIUuIIV I71' V'''
Washington. April -.
These army and navy orders have been
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
SUPREME COURT SYllABI,
rPublished In The Topeka state Journal
July II. 1914.J
No. 1906.
The City OF Wichita, Appellee.

No. 1906.
The City OF Wichita, Appellee.
The Board Of Education OF The City Of
,te Wichita, Appellant.
Appeal from Sedgwick County.
Division Number Two.
AFFIRMED
Uyllabus. BY the Court. Porter. J.
!. COmm'rs Of Franklin Co. v. City of
Ottawa. - Kan. 7l7, 81 Pac. 49, followed
and held that Art. II, Sec. I OF the con-
otitutton, school property Is not exempt
from special assessments for public Inn
provements.
2. A city of the first class may main
tain an action against the board OF ed
assessments levied against school prop
orty for improvements.
All the Justicea concurr1ng.
A true copy. szsis ~
Attest: d. "A. VALENTINE,
LeealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
No. Is, -.
Roy Rank. Appellee.

No. l8,SS.
Roy Rank. Appellee.
Kansas City Packing Box Company. Ap-
pelIaut-
Appeal from wyandotte County.
division ~
AFFIRMED.
Syllabus. BY the court Burch, J.
I. The provision Of the factory act that
helt-shifters shall be furnished In manu-
featuring establishments in which ma
chinery il used and that machines shall
be operated with loose pul1eys when prac-
ticable (Gen. Stat 100. Sec $40. II not
restricted in Its application to safeguard
ing workmen only when In the act Of
throwing belts on or on but was intended
to protect operators Of machines In the
conduct Of their work ~ won.
Z Where . particular safety Appliance
required by the factory act has not been
provided substitutes are not to be ac-
cepted and IL IL funmaterial that safe
and convenient method Of operating the
machine without the appliance was avail
able.
Z Under allegations Of = petition chafg-
ing negligence In failing to instruct or
warn the operator oe r3paaw - to the
dAngsr n removing e1tye<1 W. ~ ~
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
No. Is, 932.
J. L. Roberts. Appellant.

No 1882.
J. L. Roberts. Appellant,
W. H. Pendleton, Appellee.
Appeal from Douglas County.
REVERSED.
Syllabus. BY the Court. West. J.
1. The rule that conclusions Of fact do
mot ordinarily render a pleading bad as
against q demurrer in the absence Of a
motion to make definite and certain-fol-
lowed.
Z When instead OF clear and concise
allegation Of a certain defect it is averred
that the defendant knew or should have
known thereof, this implies that 1t must
have existed-otherwise he could not
have known Of 1t.
& petition charging the defendant
with negligently causing the plaintiff to
work upon a detective and dangerous iron
runway. resulting in his injury. describ-
ing the runway generally. but alleging
that the plaintiff did not know it was
detective or dangerous and not showing
how long he had worked upon 1t or who
had placed 1t in position, does not show
Assumption Of risk.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
l0eal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
No. 1885.
J. n. Bullock, Appellant.

No. $685.
]. n. Bullock, Appellant.
Lenora Abel wiltberser. ct al. APP
pellees.
Appeal from Cowley County.
MODIFIED.
i. -. It is the testatcr's intention which h
must always control in the construction
OF will. and this must be gathered from
preted by the application Of legal princi-
pies.
2. Sometimes technical rules must be APP
vaxue or doubtful expressions. but such
rules Of construction ought never to be
resorted to where their application de-
feats the manifest intention Of the testa-
5. Tho doctrine Of merger. which Is
largely matter Of theory, ought not to
testator and to extinsuish the rights Of
persons who are strangers and not parties
to the transaction.
4 Two paragraphs Of a VIM read in
'.Third: After the death Of my said
wife 1t is my win that all Of my property
both persona and real ,a shall h Be d.
Fourth: II any Of my said children
shall die before my wife. then it is
to my deceased child or children II living,
shall be divided among his or her chill
dren in equal parts: ana II any OF SAID
children shall die without issue, prior to
the death of my said wife. then 1t Is my
will that his or her share, shall be di-
vided equally among my children then
living, or II any OF them be dead, then.
his or her share. equally among their
children"
After the testator's death and the pro-
bate Of the will the widow and the four
children named in paragraph three Joined
in q conveyance to the grant0r OF the
plaintiff. The widow 10 still living. but
one of the four children Of the testator
has since died leaving minor children who
are defendants In this action to quiet
title HELD:
(a) That the manifest intention of the
testator was that his estate should be
kept intact until the death OF his wife
and was then to be divided among his
children and the heirs Of such Is may
then be deceased.
Cbl That each Of tho four children Of
the testator took contingent remAtnders.
the contingency being that they should
survive the testaor's wife; and falling In
this as to any one or more OF them. the
remainder vested In his or their repre-
sentatives by purchase.
fc1 There was no merger OF the NE
eAfate ana the fee by virtue OF the con-
|veyance to plaintiffs grAntor.
All the Justices concurr1ng.
AtteNt: d. A. VALENTINE
(SeaD Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
D. A. VALENTINE.
Clerk Supreme Court.
No. Is. 1856.
e. Murdoch, Appellee,

No. 1885,
e. Murdoch, Appellee,
j. b. Lamb, ct al, Appellants.
Appeal from Cherokee County.
MODIFIED.
Syllabus BY the Court Rurch, J.
i. The statute requires that before a
corporation for profit shall commence
business it shall file with the secretary
of state the affidavit of its president and
secretary setting forth that not less than
twenty per cent of its capital stock has
been paid in actual cash or property
equivalent to cash. Gen. Stat. 1909. sec.
1902 HELD. this requirement. is not q
step In corporate organization or con-
dillon precedent to corporate existence.
2. Where the organizers OF corpora
ton have procured and filed a charter.
paid In the capital stock. elected officers,
adopted bylaws, and in all respects COM
pleted corporate organization, failure to
file the AFFIDAVIT is corporate delin-
quency and not personal fault Of the
orga.izers.
3. The statute having provided no PEN
atty for its breach. contracts made by the
corpora ton before the affidavit il filed
are valid between the parties. the state
alone can complain OF the conduct of the
corporation In making the contracts, and
the orgarizers of the corporation are not
liable on such contracts as partners.
All of the Justices concurring.
A true ..opy.
Attest: D. A. VALENTINE.
tSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11

NO. l8,4N,

Mrs. clarence s9 4 4 s4 Il; App.,,.nt,
The Illinois Life Insurance Company, q
al. Tannie E. Filley, Appellee.)
| Appeal from Shawnee county.
On Rehearfng.
Former Judgment Of ARifmance Ad-
sv,,ahu. ~ h ERE c to; smith !,
! l. The rights Of . beneficiary In an
ordinary life insurance policy becomes
ts e TIE p 1ss
beneficiary. be. defeated only NJ provided
by the terms Of the policy.
| 2. The Kansas Mutual Life Association
| was not strictly q mutual association NOR
a fraternal benefit association but was
practically an old line life insurance COM
its obligations by so-called annual dues
instead Of by premiums.
| All the Justices concurrfng.
| Attest D. A. VALENTINE,
tSeal.J Clerk Supreme Court
Aetna Insurance Company, et al. APP
pellees,
surance of the State Of Kansas,
Appellant.
Appeal from Shawnee County.
First Division.
| syllabus. By the Court. smith. !.
I. Sections 80. 81 and ls5 Of the
method OF changing rates Of fire insuf-
ance and vest in the State Superintendent
Of Insurance the authority to change
2 The petition in this case states .
cause of action
Benson, J. and West. J.. concurr1ns.
Burch. J.. dissenting.
A true copy.
Attest: d. A. VALENTINE.
tseall Clerk Supreme Court
I No. 1s,sEa
Rachel A. Allen. Appellee,
W.
Ferdinand Datschewslu, Appellant.
Appeal from Barber County.
Syllabus. BY the Court. Porter. J.
Where q petition states cause q ac-
tion for damages ON account Of deceit ana
the trial II had upon that theory Il 10 too
late for the defendant by ob5ectine to the
Introduction Of any evidence to c1aim
definite theory or that there II con-
fusion of theories alleged. Tho objection
should BE- raised by motion or demurrer.
All the Justices eoncurr1ng.
A!tts.t: ?. A. vALENr1NH
tseaLl Clerk suprems Court
w. A. Kirkham, Appaalea
W.
German Americas Insurance Company.
Appeal from E<eveaxorth County.
AFFIRMED.
Syllabus. BY the Court Wase :.
I. An arbitration and award Of fho
loss suffered by the owner 0f iu6uF6G
aside or disressrded upcn Z shoWine e =
the property lost Or damaeed, an intend
surer would not object, ! reoss1rssent e
the appraisers acceded to. that IT, 0rs-s
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
No. 1896.
E. e. Grimes. Appellee.

VS..
Rolla c. Emery, Appellant
Appeal from Ottawa County.
AFFIRMED.
syllabus. BY the Court. Smith, J.
Where upon a trial there was evidence
tending to support two entirely different
states Of fact-one OF which. being found
BY the jury. entitled the plaintiff to q
verdict and the other would. II found.
have entitled the defendant to q verdict
apd where in such case the jury returned
Q verdict for the plaintiff which the court
approved by rendering Judgment In ac-
cordance herewith: Held, that the judg-
ment win not be reversed by this court.
Johnston, G. J.. Burch, J., Mason, J.,
and West, J., concurring.
Porter. J. and Benson. J.. dissenting.
a true copy.
Attest: d. A. VALENTINE,
C0oal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
No. 10.6l9.
II. r. Cheesman. Appellee.

No. 16.619
H. r. Cheesman. Appellee,
John A. Felt. ct al, Appellants.
Appeal from Sumner County.
On Rehearing.
MODIFIED.
Syllabus. BY the Court. Smith, J.
I. "A finding that the defendants had
knowledge of certain fact ID not, under
the circumstances of this case. SO mac
curate as to justify settling 1t aside; the
evidence clearly showing that they had
reason to believe that such fact existed.
2 One who sells hogs infected with
cholera renders himself liable for dam
ages II at the time of the sale he had
knowledge of such injection or notice of
such facts as would put prudent person
upon inquiry and q reasonable inquiry
prosecuted by him would have apprised
him of the fact before they were deliv-
cred that they were infected.
; The mere negligent failure to follow
up such notice and ascertain the fact
does not Justify the imposition Of pun
tive damages, such damages being prop
e-ly awarded only when the defendant is
shown to have acted in wanton disregard
of the plaintiffs rights
All the Justices c0ncurr1ng.
Attest: D. A. VALENTINE,
ISealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-11
No. 1880.
B. w. Nolen. Appellee.


B. w. Nolen, Appellee,
B. M. Mccue and W. M. Bell, Appellants
Appeal from Finnsy County.
Syllabus BY the Court Porter. J.
Judgment was rendered on a promts-
sorry note in an action in which the plain
tin alleged that he was the owner and
tached to the petition showing that he
was the original payee. One of the
makers entered his voluntary appearance
against him by default The original note
filed with Judgment showed that 1t had
been altered in material matter after
name Of the plaintin had been written in
as payee. Upon these facts and other CIR
cumstances shown in the opinion 1T -
held that the court erred IN refusing 70
dent and surprise, the motion being filed
at the some term at which the Judgment
was rendered.
Attest: d. A. VALENTINE,
(Seal1 Clerk Supreme Court
The State of Kansas, ex rel, John 8.
Dawson. Attorney General. Plaintiff.
The Board Of County Commissioners OF
Original Proceedinxs in Nandamus.
WRIT ALLOWED.
Syllabus. BY the Court Porter J..
Ter the provisions Of Chapter - Of
thu Laws OF 1911, petition signed by 1s0
of the school electors Of . county having
scented to the county superintendent and
board OF county commissioners asking
that aid be voted to maintain . high
intendent and the board decided to pro-
vide the AID petitioned for and thereupon
1t the same meeting 81 August. ma the