davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1914-02-10

LEGAL.

Sec. 80 Twp. Is, Rye. II, e. 9Th p. M. and
spans the Wakarusa creek in Shawnee
less: closest shipping point. Richland.
Kansas. on the Mo. Pac. r. r.
One one hundred-foot riveted steel truss
with one twenty-three-foot I-beam ap-
proach span. having a sixteen-foot clear
roadway, reinforced concrete floor paved
with vitrffied blocks or asphaltic con-
ment and pier and one plain concrete
aDutment, all as per plan on file; or q
reinforced concrete bridge aa per plans
submitted by proposed bidder. such plans
TO conform to the Standard Specifications
on dle in the County Clerks Office. Said
bridge Is known as the Mud Valley bridge
located on the west line Of the N. w.
p M. and spans Soldier creek in Shaw
nee county. Kansas. Estimated cost,
{746OO0 or less; closest shipping point,
klro, Kansas on the U. p. r. r.
One eighty-foot riveted steel truss with
reinforced concrete floor. having sixteen
FOOT clear roadway. covered with clay
reinforced concrete abutments, all as per
plan on file; or one reinforced concrete
D bridge as per per plans submitted by
form to the Standard specifications
on file in the County Clerks ofeice Said
bridge is known the McCauley bridge,
Quarter Of Sec. x Twp Il. g. Rse. s Ii IL e. =.
6th. =. NJ, and spans the Wakarusa creek
In Shawnee county. Kansas. Estimated
cost, $6sso.oo or less; closest shipping point
Wakarusa. Kansas, on the A. T. & s, F.
r. r.
Copies Of the Shawnee County Standard
specifications for steel and concrete high
showing necessary data, are ON file in the
County Clerks and County Engineer 8
offices. but contractors desiring copies
same upon payment Of eight dollars to
County Engineer. Walter J. Arnold, To-
Topeka, Kansas.
II LIZ
nished by the County Clerk or County
Eagtneer and each bid must be accom-
panied by Fifty dollars in cash or a
certified check upon a Topeka bank for
Treasurer OF Shawnee County. Kansas.
Such cash or check will be returned to the
bidder. unless after award Of contract the
bidder should fail to execute a contract
and file an approved bond, as provided by
law, within ten days Of the date Of ac-
| ceptance Of his bid or proposal, in which
fled check is to become the property of
Shawnee county as payment Of damages,
due to delay and other causes suffered by
said county from neglect Of said bidder.
All bids must be enclosed in sealed en-
velopes plainly endorsed, Proposal for
Construction Of Bridges and addressed
Shawnee County, Kansas.
The Board Of County Commissioners re-
serves the right to reject any and all bids
or parts Of bids.
Done by order of the Board Of County
Commissioners Of Shawnee County, Kan
sas. this 9Th day Of February, 1914
J. c. SINNER,
Attest: Chairman.
o. K. SWAYZE,
ISeal.1 County Clerk.
First published in The Topeka State
Journal February Z, 1871
ATTENTION.
The County Commissioners of Shawnee
County authorize the payment Of the sum
NJ 3nk@ ~
the person who, on Tuesday morning
January 9th, 1914. murderously assaulted
c. w: Cook at his coal yard on Seventh
| and Holiday streets.
The Topeka state journal., 1914-02-10
LEGAL.

up and found employment they con-
tributed their earnings toward meeting
the . fam..v necessities. The mother
brought suit against the defendant in
Kansas to compel him to contribute to the
support Of his children by reimbursing
her for expenditures she had made for
that purpose suhSeQuent tc the divorce.
Tho petition was substantially In the form
Of pleading in equity and set forth in
ton, circumstances and conduct Of tho
parties. Held, the petition was not demur-
rable and on proof of the facts alleged the
plaintiff was entitled to an equitable
award in her favor.
2. The decision and the general doctrine
Of the case of Harris v. Harris, Kan. 4k,
are approved and followed. The decisions
in the case of Chandler, Admir-. ". Dye, 81
Kan. 7ss. is Pae; s25. Miller Y; Morrison.
4S Kan. AS. q Pac. 612,. and Hampton ".
Alice. Sc Kan. 46l. 43 P2c. 49, are ap-
proved. Portions Of the opinions in the
Miller and Hampton cases are disap-
proved.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
[Seal1 Clerk Supreme Court
The Topeka state journal., 1914-02-10
d. A. VALENTINE.
Clerk Supreme Court
No. 1851.
H. E. Osburn. Appellant,


No. 1861.
H. E. Osburn, Appellant,
VS..
Mrs. L. M. Addington, ct al, Appellees.
Appeal from Greenwood County.
AFFIRMED
Syllabus BY the Court Johnston, C.
1. A broker who undertakes for his
principal to negotiate an exchange of
properties on specified terms or those
which will be satisfactory to his principal
is not entitled to a commission until an
agreement oetween owners has been made
or conditions Of the exchange are unset
tied.
The evidence herein examined and it
is held that the acts and declarations of
the owners OF the land show that they
had proceeded no farther than prelini-
nary negotiations. that a completed agree
me1t had not been made and that no COM
mission had been earned by the broker.
All the Justices concurrlng.
true copy.
Attest: d. A. VALENTINE.
(Eeal1 Clerk Supreme Court
The Topeka state journal., 1914-02-10
No. 18,1O6..
Anna M. Thomas, Appellant,

NO. 10, 1U0.
Anna M. Thomas, Appellant,
The Board of County Commissioners OF
Ellis County, Kansas, Appellee.
Appeal from Ellis County.
AFFIRMED.
Syllabus. BY the Court Porter. J.
l. Counties are mere auxiliary agencies
of the state government; and like the
count of damages occasioned by the man.
ner in which they exercise or fail to ex-
erciSe their governmental powers.
2. In the absence of some statutory
provision. county is not liable to land
owner for damages for. the use Of land
attempted to be appropriated for pub
lie highway, the proceedings to establish
which are subsequently held to be Illegal
and void.
All the Justices concurring.
A true copy.
Attest:
CSeal.J D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal., 1914-02-10
No. 1855.
John e. Mathewson, Appellee,

No. 1885,
John p. Mathewson, Appellee,
Jessie Campbell. Appellant.
Appeal from Brown County.
REVERSED.
Syllabus. BY the Court. Johnston. c. J.
/. In an appeal from the district court
in a proceeding to contest an election. the
result being determinable from the mark
ings upon the face Of the ballots and
where the questions are presented on the
appeal without oral testimony and prac.
tically as they were presented in the trial
termfne what votes should have been
counted and what should have been re-
jected substantially as 1t would have done
II the same questions had been submitted
to it in an original proceeding in quo
warranto.
2. Certain official ballots delivered to
the voters had printed thereon short hori-
zontal marks in the middle of the squares
at the right Of the names of the candi-
Sats OF the voters ns tSs
printed horizontal marks. and as the de-
feet resulted from the printing and prepa-
nothing to show q fraudulent purpose It Is
held that the defect did not destroy the
validity Of the ballot.
of Theodore Roosevelt, which was the
name Of a candidate. in the blank column
and placed cross marks in the squares
opposite did not, Of itself, render the bal
let's invalid nor prevent the counting OF
other OFFICES whose names were legally
marked upon the ballots.
4. The changing Of q ballot furnished to
an absent voter and which had been print
ed and prepared for the district whero he
rendered his vote in an effort to adapt It
to the district in which he resided and
where the vote was to be canvassed and
counted can not be regarded as distin-
gushing mark nor will such change. OF
itself. render the ballot invalid.
All the Justices concurrfng.
A true copy.
Atteaf: d. A. VALENTINE.
: (Seal1 Clerk Supreme Court
The Topeka state journal., 1914-02-10
No. S,926.
James Reeves. Appellee,

NO. 1895.
James Reeves. Appellee,
A. T. Ryder. Clerk of School District No
107, Of Crawford County, Appellant
Appeal from Crawford County.
AFFIRMED.
Syllabus. BY the Court Porter, J.
/. The evidence in this case il held
sufficient to sustain findings Of the trial
court to the effect that an annual school
district meeting was lawfully adjourned;
that an adjourned meeting was lawful
ly held at which the plaintiff was duly
elected treasurer Of the district.
2. While mandamus is not the form Of
an action in which to try the title to an
office. all that was required Of the plain
tiff was a prima facie showing of suffi-
cient right to the Office Of treasurer to
entitle him to demand the performance Of
plain duties incumbent upon the defend
ant as clerk of the board.
3. Upon the findings and evidence a
judgment commanding the defendant, as
clerk of the school board, to file plain
tiff's bond and oath Of Office as treasurer.
and to approve the bond, Is sustained.
All the Justices concurring:
A true copy.
Attest d. A. VALENTINE,
lSeal.1 Clerk Supreme Court
The Topeka state journal., 1914-02-10
No. 1858.
Olive I. Smith. Appellant.

OuVo i. omltn, AQpeuaut,
p. D. schriver and Lewis Carpenter, Ap-
pellees.
REVERSED.
Syllabus. BY the Court. West, J.
i When the evidence offered by a
tions of his own testimony is in conflict
wi h other portions thereof, such evidence
should be submitted to the Jury. and 1t is
error to sustain demurrer thereto.
2. A note or memorandum in writing
signed by an agent concerning lease OF
such lease out from the operation Of the
statute Of frauds unless authorized IL
writing by the owner.
8. While expenditures made on land by
one claiming a lease thereof may some
times operate as a part performance 80
as to validate verbal lease, such ex-
penditures can not ordinarily determine
the disputed term of such lease.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(Seal1 Clerk Supreme Court
The Topeka state journal., 1914-02-10
No. 1851.
]. w. Elkins, Appellant,

NO. 1S,6N.
]. w. Elkins, Appellant,
The Board of County Commissioners Of
the County Of Wyandotte (Henry +.
thinner, Intervenor) Appellees.
Appeal from Wyandotte County.
r. fFirst Diviefon.)
REVERSED.
Syllabus. BY the Court. Mason, J.
l. Evidence that a person was q ''spe-
cial and non-pay' deputy sheriff implies
that his activities In that regard were
limited to performing acts specifically d.
rected, and that he was under no obliga-
tion to devote time to Investigating GRIM
inal offenses.
2. Such q deputy sheriff is not precluded
by his office from claiming a reward Of
fered for the arrest and conviction Of an
offender, where by his own efforts he has
discovered by whom q crime was COM
mitted, and by what evidence this can be
proved.
8. A person who discovers the perpetra-
tor OF q crime, and the evidence by which
he can be convicted. may be entitled to q
reward offered for the ARREST and convic-
tion' of the offender even although, hav-
ing the power to make the arrest himself,
he Omits to exercise 1T, and permits some
one else to take the defendant into Gus
tody.
All the justices concurring.
A true copy.
Attest d. A. VALENTINE,
(SealJ Clerk Supreme Court
The Topeka state journal., 1914-02-10
LEGAL.

order to hold the seller liable 1t must ap-
pear that 1t continued to furnish and turn
on the current after knowing that the
purchaser had permitted the equipment to
become defective.
All the Justices concuyT1ng.
A true COPY.
Attest: D. A. VALENTINE
ISeal1 Clerk Supreme Court
The Topeka state journal., 1914-02-10
No. 1855.
The State Of Kansas, Appellant,

The State Of Kansas, Appellant,
Oh. Poggmeyor.)
The German American Alliance. Appellee.
Appeal from Leavenworth County.
REVERSED.
Syllabus. BY the Court Benson. J..
Upon q review of the findings of the
district court It II held that Intoxicating
liquor. glasses, etc. seized by the sheriff
upon warrant charging the defendant
with maintaining q common nuisance,
should be destroyed, ~ provided In Sec
The Topeka state journal., 1914-02-10
No. 18,601.
Mary e. Mcdaniel, Appellee,

va
John Whalen, ct al, Appellants.
Appeal from Saline County.
AFFIRMED.
Syllabus By the Court Johnston. c. J..
1. In an exchange Of properties where
one of the parties fraudulently repre-
scented to the other that a tract of land
pointed out was the quarter section that
was to be and subsequently was conveyed
and the tract so pointed out was superior
in quality although less in quantity than
that conveyed the measure Of damages
for the fraud and deceit is the difference
(between the value Of the quarter section
conveyed and what 1t would have been
worth II the representations made had
been true, that Is. what 1t would have
been worth II the quarter section re-
ceived had been such quality of land as
the smaller tract pointed out and which
was fraudulently represented to be the
quantity of land that was actually con-
veyed.
2. The testimony examined and held to
be sufficient to support the findings and
verdict Of the jury.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal., 1914-02-10
No. 1864
Eva NJ. Riggs. ct al. Appeliees.

No. 1854.
Eva NJ. Riggs. ct al, Appeliees.
VI.
James A. Riggs, Appellant.
Appeal from Allen County.
AFFIRMED
Syllabus. BY the Court. Burch, J
I. The defendant deserted his wife and
five minor children in Colorado, the state
OF their residence, and came to Kansas.
Tho proper court Of Colorado granted the
wife a divorce on the grounds Of desertion
and extreme cruelty and awarded her the
custody Of the children. The defendant 9
property. worth less than $780, was given
her as alimony. The decree was based on
vision relating TO the SUPPORT Of the ~ Chi 81
-dren. without financial assistance from
the defendant the mother Of the children
by her manual labor, supported and main
tanned them. sent them to school, and
otherwise discharged the duties Of par
ent toward them. A tho older ones grew
The Topeka state journal., 1914-02-10
No 1S,0O6
Fred Schmidt, Appellee,
vS.
Kansas City-Western Railway Co., Ap-

pellant.
Appeal from Leavenworth County.
AFE EIRMED.
Syllabus. By the Court. Benson. J..
While a passenger upon a railroad
should. upon the request Of the conductor.
paw fare or leave the train and make no
forcible resistance. although he has al
ready paid his fare, yet II he does resist.
and in ejecting him he Is wantonly in
tured by the company's employees. acting
Johnston. G. T., Burch. J.. Mason. j.,
Smith. j.. West, J., J.,-concurring.
Porter, J., dissenting.
A true copy.
Attest: d. A. VALENTINE.
(Seall Clerk Supreme Court.
The Topeka state journal., 1914-02-10
No. 1878.
John Ritchie. Appellant.

No. Ii,
John Ritchie, Appellant,
VS..
The City Of Topeka; etc, Appellee.
Appeal from Shawnee County.
division NO. L.
MODIFIED.
Syllabus. BY the Court Johnston. G. J.
l. In a paving contract f was provided
that the contractor would: forfeit to the
sy az f11 % mach aay S sssy syy ssySRa o%a n
from proceeding with the work for a CON
when an application forl ah extension Of
the time was presenter to the city au-
thorities by the contraeNof they agreed
that the contractor should proceed with
the work thereafter and complete it with
in a reasonable time. Held. az the city
a ass
tension ten q i the time of compietion i waived
I. act and is not in a position to insist on,
9 payment of Hquidated damages for the
delay in the completion Of the work
2. In an action to recover on the; paw
ing contract the city pleaded by way of
set-on overpayments made on a previous
tns the PlaG and the city
settlement of the claims Of the parties
involved the examination OF a long and
was warranted in directir- reference
OF the case. -
3. In the sewer contract 1t was provided
that the work should be- done under the
supervision and to the satisfaction Of the
city engineer. that his interpretations OF
binding and final, that he was to decide
all questions which might arise as to the
amount and quality Of the work done,
and he or his assistant were present on
the work almost every day during its pro-
gress. During the time the city engineer
changed the grades Of the sewers thus
relieving the contractor-afr from much of
the work provided for in the contract,
ar the contractor presented claims and
secured the approval OF the same by the
city engineer for much material not fur
nj heC and for great deal of work that
was not done. The estimates of the city
engineer, which were not made in good
faith, embraced large overcharges and on
these payments were made by the city
character. Held. that the fact that the
estimates and decisions were made by the
city engineer did not preclude a recovery
OF the overcharges by the city.
4. The rule as to voluntary payments
does not prevent recovery by the city of
its money from the contractor who re-
ceived the illegal and Unauthorized pay
ment from city officers.
s.. The contract being with the city and
pay for the construction of the sewer
binding upon the municipality as a whole
the city is the proper party to sue for the
overcnarges although the property in the
benefit district will be assessed for the
payment Of the Improvement bonds.
All the Justices concurring:
true copy.
Attest: D. A. VALENTINE.
tSeal.1 Clerk Supreme Court.
The Topeka state journal., 1914-02-10
D. A. VALENTINE.
Clerk Supreme Court
No. Is, ,65.
Annie Harbert. Appellee,

No. 1855.
Annie Harbert. Appellee,
The Kansas City Elevated Railway Com
pany. Appellant.
Appeal from Wyandotte County
First Div1sion.)
AFFIRMED.
Syllabus. BY the Court. Mason. j.
1. A finding that the conductor of an
electric street car was guilty OF sucn
against the company, regardless of any
question of contributory negligence, Is au-
thorized by evidence that he ran his car
without stopping, past station and upon
q bridge, knowing that man was riding
outside of the car In such a position that
he would necessarily be struck by beam
Of the bridge and severely and probably
fatally injured.
2 A recovery against the company on
account of a death which was occasioned
by the fact that before the car left the
station at which the person who was
killed got upon it. an employee of the
po-ition. tried to persuade, him to get OF
the car and even used physical force to
that end without avail:
fendant committed acts amounting to
wantcnness, but characterizes the conduct
complained Of simply as 'negligence." :" no
error Is committed ed th.r1a IN .,,Swns n wanton
terms. even after the limitation period has
expired.
charge that the jury might consider the
loss by the plaintiff of the society. aid
and comfort Of her husband. held not to
cculd only be had for pecuniary loss and
the amount awarded having been mod
crate.
Attest: D. A. VALENTINE.
(seall Clerk Supreme Court.
The Topeka state journal., 1914-02-10
LEGAL.

grantor the value Of the use and occu-
pancy for the time he is excluded.
All the Justices coucurring.
A true copy.
Attest: d. A. VALENTINE,
lSeaLJ Clerk Supreme Court.
The Topeka state journal., 1914-02-10
i, No. 1861.
S. F. Bowser & Company, A Corporation,
Appellant,

VS.,
A. C. Bathurst Appellee.
Appeal from Dickinson County.
AFFIRMED.
Syllabus BY the Court. Smith, J.
Where, to induce q sale of an article not
known or recognised as an article Of COM
merce the seller represents that the ar
ticle in use will accomplish a certain pur-
ty to examine the article but, In reliance
upon the representations made, enters
into an executory contract to purchase
the article; Held, that such representa-
tions constitute an implied warranty that
article will in use accomplish the purpose
represented.
All the justices concurring.
A true CODY.
Attest: D. A. VALENTINE,
CSeal.1 Clerk Supreme Court.
The Topeka state journal., 1914-02-10
LEGAL,

tion 1892 Of the General Statutes Of 1903.
requiring the destruction Of such property
used In maintaining q common nuisance.
All Of the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
lSeal1 Clerk Supreme Court
The Topeka state journal., 1914-02-10
No. 1862.
Carrie Wood. Appellee,

No. 1862.
Carrie Wood. Appellee,
Bank of Whitewater, Appellant.
Appeal from Butler County.
REVERSED.
Syllabus. By the Court. Smith. J.
An actual or constructive delivery is
essential to a valid gift of a promissory
note.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeal.] Clerk Supreme Court.
The Topeka state journal., 1914-02-10

No. 19,030
The State Of Kansas, Appellee,
w,
8. E. Adams, Appellant.
Appeal from Barton County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
The record in q misdemeanor case ex-
amined and held not to require the grant
ing Of q new trial
Ali the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeal.1 Clerk Supreme Court.
The Topeka state journal., 1914-02-10
No. 1881.

No. II, ,961.
The Northrup National Bank, Appellant,
VS..
The Webster Refining Company. ct al,
Appellees.
Appeal from Allen County.
On Rehearing.
AFFIRMED.
Syllabus. BY the Court. Smith, }:
/. Where a referee is appointed to find
the facts and conclusions of law In an
action, his report Of the facts, approved
by the court, is not challenged by a mo-
tion to modify and amend the judgment.
g. On an appeal from an order over
ruling such motion to modify and amend
a Judgment, errors Of law can only be
considered.
9. The apportionment Of costs as be-
tween the parties recovering judgments
in case the costs can only be made from
the funds in the hands of the receiver.
rests in the judicial discretion of the
court and such order Of apportionment
cannot be reversed or changed except for
an abuse of such discretion.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal., 1914-02-10
No. 1926.
John Hoffman,. ct al, Appellees,


vS.
The Leavenworth Light, Heat & Power
Company, Appellant.
Appeal from Leavenworth County
REVERSED
syllabus. By the Court. West. ].
l. The statute Civil CODE Sec. 419) pro-
viding for the recovery of damages for
6eath caused by wrongful act was In
force before the passage of the act ceding
to the United States Jurisdiction over the
Fort Leavenworth Military Reservation,
lChapter 66 Laws 1875, Gen. Stat 1909.
sec 45SD and 1t is no defense to an ac-
uon to recover such damages against
9 power company supplying an electric
current for arc lighting ON such Reserva-
tion that the death occurred thereon.
z. When such power Is simply furnish
ca to responsible party for use in a
system of poles. wires and appliances
owned and controlled by such party and
IN proper condition to receive the current
safely, the furnishing party is not re-
auired to maintain inspection or to see 1t
ITS peril that such equipment IL kept safe.
put so long as not chargeable with knowi-
edge OF some defect therein it may assume
tnat such safety will be maintained. and
the fact that in furnishing such power
Tor arc lighting the seller undertakes to
supply and maintain tho necessary lamps
ana carbons does not change the rule. In
The Topeka state journal., 1914-02-10

No. 1904.
The State of Kansas. Appelle.
VS..
Arthur HI. Ling, Appellant
Appeal from Butler County. -
/ Ees lx's.-zAFFIRMED.
Syllabus. BY the Court. West. J.
l. 1. one party 80 an act of adultery may
be charged and tried without joining the
; 3 A verbal change. unsubstantial in
charq cter. made In certain counts of an
information more than two years after
tie tie commission Of the offense together
not bring into operation the statute Of
limitations an to another count left un-
changed on which alone conviction was
had.
8. In tits state voluntary Illicit inter
course between two persons one married
and the other single is adultery in the
former and fornication in the latter. and
hence to charge adultery it is not neces-
sary to allege that the paramour was
married person. But when such charge is
made the marriage may be proved by
and in this case the testimony. including
that OF the husband, to the marriage core
mony, and showing of subsequent d.
vorce was sufficient to warrant a finding
that the parties were married.
4. A photograph or copy thereof is re-
ceivable in evidence when it is shown to
look like the person or object sought to be
identified.
5~In a prosecution for adultery It il
competent to show to what extent the
parties associated together for several
months before and after the date Of the
6. It is not error to give substantially
the definition of reasonable doubt ap-
proved in The State v. Patton. ee Kan. 4S6,
All the Justices concurring.
Attest: d. A. VALENTINE.
ISeal1 Clerk Supreme Court.