davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13
D. A. VALENTINE.
Clerk Supreme Court.

No. 1885,
The Board of County Commissioners Of
Wyandotte County Plaintiff.
VI E. Davis. as State Auditor. etc.. Do
PENDANT.
Original Proceeding in Mandamus,
Peremptory Writ Allowed.
Syllabus. By the Court. Johnston, c. J.
The county commissioners let a contract
for the building Of = bridge which was de-
cided to be invalid becauSe of an irregu-
larity in the estimate Of the cost of the
bridge. Before the decision was an
nounced work had been begun on the
county commissioners began anew and ad-
vertised for bids for the entire bridge
upon the condition that the successful
tractor for the work done and material
furnished towards the building Of the
bridge and also hold the county harmless
material. A number Of bids were sub
mitted and the former contractor became
the successful bidder at the second let
tons of the letting did not substantially
defeat free competitive bidding nor invalf-
date the contract made with the success
All the Justices concurring
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
No 1881
George J. Bishop, ct A.. Plaintiffs.
w.
Edward L. Fischer. as Judge of the Dis
trfct Court, Defendant
Original Proceeding in MAndamus.
Provisional Order of Dismissal.
Syllabus. BY the Court Burch. J.
1. The plaintiffs lessee bored producing
gas wells on the plaintiffs land and on the
lessee's land and connected the wells BY
pipes which converged in q building
erected by the lessee on the plaintiffs
land, where . meter. a pressure gauge
and other gas appliances were installed
From this point the gas produced was
conducted to q pipe line located In .
highway alongside the plaintiffs land
The pipe line belonged to a corpor6tion
for which d receiver was appointed BY the
district court The receiver was author
lied by the court to purchase gas from
1.-The PLANTING lessee. which the receiver
distributed to consumers. The plaintiffs
took possession OF the building pipes and
appliances on their own land and stopped
the now Of gas into the pipe line under q
claim OF right predicatet upon their con-
tract With the lessee Upon application
ceiver procured an order directing . per-
son Designated by the court to remove the
obstruction preventing the now Of gas
int the pipe line and enjOining the plain
tins from ma1ntaimng such obstructio1s
o. interfering With the order. Neither the
pain%s6s nor their lessee were parties to
| the receivership suit and the order was
procured without notice to them The or
| der having been executed the plaintiffs
moved to set It Aside because Il had been
made without Jurisdiction The court
| modified the order but did. not vacate it,
HID; - o6urt hAA - jus1o11c3toa eve
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13
No. 10. 4W.
The State Of Kansas. Appellee.

No 10. l07.
The State Of Kansas. Appellee.
Phil Reaser, Appellant.
Appeal from Crawford County.
AFFIRMED.
Syllabus. BY the Court. Smith, J..
l. Chapter 222, Laws OF Kansas of 1911
was enacted in the exercise of the police
power OF the state to promote the health
Of employees in coal mines and IL within
the legislative power OF the state.
q The law applies to all mines Of a
DESIGNATED class and 10 not violatfve Of the
Bill of Rights or Constitution Of Kansas
nor Of the Fourteenth Amendment Of the
Constitution Of the United States because
not applicable to other classes or kinds
Of mines
All the Justices concurrtng.
A true copy.
Attest: ID. A. VALENTINE,
[SeaL1 Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13
D. A. VALENTINE.
Clerk Supreme Court.
NO. 1901
VIM. Dieball and Mrs. VIM. Ditball, ME
wife. Appellants.

VIM. Dieball and Mrs. VIM. Ditball. ME
wife, Appellants,
VS..
John white, Appellee.
Appeal from Pawnee County.
REVERSED.
Syllabus. by the Court. Porter, =.
I. While q verified general denial
standing alone will raise the issue Of the
execution of q written instrument e
cannot be given that construction where
In the same answer there 10 an admission
OF the execution coupled with the denial
that 1t was in existence at the date 1t pur.
ports to be executed
2. As between the maker and the pay1A
the terms Of q note and mortgage given
to secrre It may be altered by erasureo
and interlineations in material matter1
and whore the real estate has been sold
subject to the mortgage. the purchaser
may not defeat foreclosure on the ground
that material alterations were made in
the written instruments unless he has
suffered prejudice thereby.
g. In the situation presented by the
ftcts recited in the opinion, the burden
of proof. in an action upon = note and
mortgage, was upon the plaintiff. and ft
was error to place the burden upon the
defendants.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
rScal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13
- No. la.9O6.
r. r. Ingalls,. Appellee.

j. w. smith, Appellant
Appeal from Cowley County.
AFFIRMED.
SYLLABUS. BY tho Court. Benson, =.
1. Tho principles applicable to the te-
view Of an order granting new trial
where the particular ground Of the ordee
doe not appear in the record. a. declares
In Ir6toA '. ffstoh. q Kan. S68s g PAG.
~, (syl. PIP. . q followed in numerons
other decisions. are followed in this ca1e.
2. Tho rule stating the right Sf real
estate broker to commisii0nD where IN
enforcible contract has been entered into
between his principal and . purchase
produced by the broker. AZ declared h
Huttoa "a Stewart, - Kan 90. LIS Pa.
6S1, Is followed.
5. The court can not declare a. q matt
ter Of law that broker 10 entitled to .
commission when he has produced q pur>
chaser with whom, his principal has che
tered into an enforcibl3 contract. II after
wards, pending q dispute = between the
parties over the details, the bfoker BY
his language or conduct gives his prth-
cipai good reason to believe that he M
tends to relinquish his claim. and the
principal relying upon such belief fore'
gees his right to enforce the contract.
All the Justices concurr1ng.
A true copy.
Attest: d. A. VALENTINE.
(SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13

Clifton Somerfield ct al. Appe1lees,
W.
The Land & Power Company, Appellant.
Appeal from CTwley County.
EVFdSED.
Syllabus. BY the Court Johnston, C.. J.
An open, unfenced and 1un8uArded canal
about fifty feet wide with perpendicular
banks about thirteen feet high carrying .
stream Of water about seven feet deep
through . populous city. maintained for
commercial purposes. ana along the banks
Of which the public passes and children
gather to play and fish ana swim and
into which . young child Of the plaintiffs
fell and was drowned can NOT, Of itse1k,
b regarded - aktrootiv0 nu1annee which
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13
d. A. VALENTINE.
Clerk Supreme Court.

No. Il. us.
The State OF Kansas, Appele,
VI.
Guy Curtis. Appellant
Appeal from Sedgwick County.
Division Ne. z
syllabus. BY the Court. Benson. J..
In trial Tor murder, aside from proof
Of a few collateral circumstances. the evil
dence consisted Of testimony OF q previous
confession OF the defendant and the testi-
mony OF the sole eyewitness OF the
shooting. The Information In one count
petrated In an attempt to rob. and also
murder in the first degree Independent of
an attempt to rob. Aside from the con-
fession, the evidences was Insufficient to
tempt to rob. The defendant testified at
the trial that the confession was untrue
and gave testimony that he had nothing
to do with the crime and knew nothing
prove that the confession had rot been
made freely or voluntarily made ana the
show that 1t had been 80 made. This con-
fltct In evidence was submitted to the
jury with Instructions not challenged here
and the alleged confession was read IN
evidence. The jury were instructed that
under the evidence and the nformation in
guilty Of murder in the first degree IT he
IL not guilty" 1t is HELD.
~ Upon the charge Of murder IN the
first Degree apart from the allegation Of
an attempt to rob. the lury should have
been instructed upon the lesser degrees
II there was any evidenc although slight,
tending to show any lesser offcnse inc!rd-
ed in the principal charge.
e. The evidence. apart from The con-
fession. was sufficient to require instruc-
tons upon the lesser degrees.
B. Upon the confss sicn alone considered
AZ an entirety and entirely true, instruc-
lions upon the lesssr degrees were unnec-
essary.
4. It was the province Of the Jury to
believe or disbelieve all Or any part OF
the evidence OF the confession, and to &C
cept A. proof OF guilt. or to reject, the
confession or any part OF It
5. The instruction complained Of was
erroneous, and upon all the testimony the
error appears to have been p-ejudirtal to
the SUBSTANTIAL rights OF the defendant
g. Upon the circumstances stated in the
opinion the defendant did not waive the
error by failing to ask Tor further In
structions; the attention. OF the cour.
having been directed to thu matter v hjch
such requests would have called attention
to.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13

D. A. VALENTINE.
Clerk supreme Ceurt.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13

d. A. VALENTINE.
Clerk supreme Court.
The Arvada enterprise., 1915-08-05
Broomfield Buds

Mrs. l.. b. Graves of Newark
Ohio is visiting with friends and
relatives in Broomfield. She will
probably be here or in Denver
until September.
Saturday evening, July 3lst.
there was a lawn social held at
the home Of Mr.. and Mrs, Ernest
Mite. Sandwiches. ice cream
and cake were sold. A delight
full program was also rendered.
the benefits are to be for the
church expenses.
The Misses Edith Molholm and
Harriet Hosmer with Messrs Earl
and Albert Swan attended a
dance given at the Tucker Ranch
at Nederland Saturday evening.
Mr.. Mayor of Denver visited
with some of his Broomfeld
friends Sunday.
0. B. Graves of Arvada was
visiting P. Il. Graves Of Broom.
field Sunday.
Miss Sybil Hosmer's class Of
The Arvada enterprise., 1915-08-05

boys The Overcomer's Band"
invited Miss Mabel Cochran's s
class of girls to attend picnic
at City Park in Denver last Fri.
day. A good time was reported
by all who attended.
Mr.. j. F. johnson is attending
the Rural Ministers convention at
Estes Park. Mrs. Sarah Weston
filled the pulpit on Sunday by
reading a very beautiful sermon.
Miss Edna Molholm has return
ed from Greeley where she has
been attending the summer
school.
A terrific rain and hail storm
swept through Broomfield and
south about three miles on Sun
day pm. Many of the farmers
report that it did a great deal of
damage.
The Arvada enterprise., 1915-08-05
WANT COLUMN.
Money to loan. J. F. White.

Money to loan. j. F. White.
C. F. Wheeler for bargains in
Wall Paper, Painting, Paperhang-
ing. 34-tf
For Sale-Chicken feed of all
kinds. Oyster shell, grit, char
coal, beef scraps, blood, etc.
Evans &Bennett.
If you want to insure or buy a
home or lots or need legal papers
call on j. F. White.
Muench and Nemetz always
have good supply of VOLTS Cap
ital Hams on hand. Try them
and you will buy no other.
am sole agent for McCor-
mick machinery and their re-
pairs. Binders, mowers and
rakes. r. O. Graves.
Pnre Jersey milk delivered
mornings and evenings. Mrs.
Bourne. Phone Arvada 661. Alt
Advertise your wants in this
column. SC per line-6 words.
If you want to buy, sell, rent,
trade, secure a loan, or have fire
insurance written, See T. S.
Knapp.
Wanted Horses and cattle
to pasture on the Old Antelope
Ranch. Good grass and plenty
of water. kETNER.
Golden r. F. d. Box so Asp
For Sale or Rent-Newton's s
place. w. 9th and Grandview.
26 lots, 6 room house, hot and
cold water, electric light.
The Enterprise is equipped to
do your job printing. Come in
and see us.
Large 6-hole range. reservoir,
first class condition for sale
$1,000. Replogle lst house east
of the water tower. 6-1p
For Sales weeks old Poland
China pigs from Registered Stock
5l5 S. Steel St.. Denver. Phone
York 2469. 6-lp
The Arvada enterprise., 1915-08-05
IGNORANCE Of the Law"

Take an innocent little statute. One
lawyer (maybe country counselor)
says 1T is dead. Another lawyer says
1t is alive. The poor little statute
does not know whether it is coming
or going. whether 1t is alive or dead
afoot or horseback. And yet mo man
can plead ignorance of the law" A
man may go to jail II he does not
know the law-unless he is lawyer.
Oh, you Exact science.-Kansas City
Times.
The Arvada enterprise., 1915-08-05
When Spencer Tried veoetarranrsm.

Herbert Spencer tried vegetarianism
for about year, says the London
Chronicle. "At the end Of that time"
he relates, 81 went over all that had
written during.the year, and consigned
1t to the fire" Spencer found an ex-
clusively vegetarian diet too bulky,
and came to the conclusion that ra-
tional life is compromise. In the
matter Of diet it is best to strike the
happy mean between the tiger pac-
ing its cage and the COW lying upon
the grass"
The Arvada enterprise., 1915-08-05
Mornina.

A perfume Of flowers is waited gently
from the mountains The sun is new
risen and the dew still glistens on the
leaves Of trees and the petals of flow
ers. A road like gray ribbon
thrusts into the quiet mountain gorge
"a stone paved road which yet locks
as soft as velvet, so that one almost
Gorky.
The Arvada enterprise., 1915-08-05
Her Husband Was a Cripple

The following story was clip
ped from a Denver daily and as
it has a touch of local color we
give it space:
A woman entered Rex Ycager's
undertaking establishment on
Broadway and said. "Ill wait til
they bring my husband
Half an hour later, Mr.. Yeager,
who was sitting at his desk, made
some inquiries. After learning the
woman's name he went back and
asked one of his assistants il the
mans body had arrived. The lat
ter said he knew nothing of such II
man. Others connected with the
establishment knew nothing of such
n body. Mr.. Yeager returned to
the front part Of the place,
"When did your husband dic?"
he asked the woman.
when did my husband die, why
what are you talking about?" she
asked in astonishment.
why you said they were going
to bring him here-I-'
''Of course ! did; he is cripple
and has to be attended whenever he
goes any place"
1t was Mr.. Yeagcr's turn to be
surprised.
"Well, what is he being brought
here for?' he asked AS soon as he
had recovered from his surprise at
the queer turn things We're taking.
"To be fitted, of course" the wo-
man said, with surprise.
"To be fittedP Are you going to
fit him to coffin? That's about all
an undertaken can tit man to-
An undertaker-an undertaken
why The woman was startled.
This is Rex ieagcr's undertake
ing parlors' explained Mr., Yeagcr,
"Oh. this isn't the place at all. |
was to have met my husband at n
tailor shop She started for the
door and was shown the place three
doors away.
The Arvada enterprise., 1915-08-05
Orlojn of SILK Industry,

Silk was first made by Si-Ling, wife
OF Hoan-Ti. emperor Of China. 26oo
p. C. Among the Greeks, Aristotle
(3Si-322 B. c. is the first who men
ton 1t. It was not until A. d. $40
however, that 1t began to be cultivated
in Europe, the first eggs being then
brought from India by some monks.
The Arvada enterprise., 1915-08-05
To Get Bid Of Eleaa.

Sand forms the best surface on
which to expose garments or bedding
infested with heas. If the sunlight is
strong enough to raise the tempera.
ture OF the sand to 100 degrees the
fleas will be destroyed within an hour,
provided there is no vegetation or
shade where they can take refuge.
The Arvada enterprise., 1915-08-05
Laughter.

Laughter begins either with the
mouth or the eyes. Then come the
other muscular groups and then come
the vocal expressions Of laughter.
such as brays. cackles, singers, sim
pers, giggles. snorts, grunts. fog-horn
rumbles. yells. shrieks, outlaws, trills.
chuckles, snifTles and all sorts of Pc
culiar bird notes and musical sounds.
The Arvada enterprise., 1915-08-05
The Satisfied Boarder.

We are getting tired of the high
brows who tell us we eat too much.
When a fellow gets the sort OF vittles
that are served In our boarding house.
nature demands that one play to full
capacity.-Houston Post.
The Arvada enterprise., 1915-08-05
Fresh Air il Life.

No man ever successfully made love
when he had a cold in the head. Also
no man ever devised great business
scheme when he had asthma. Alden
oids. enlarged tonsils, defective hear
ing. myopia, often come from bad sani-
tary conditions that weaken the in
dividual, until the germs of disease
get him in their despotic clutch.
The Arvada enterprise., 1915-08-05
IL Ne,cr Buns Smooth.

1t was at the conclusion OF the
lovers quarrel. And now,' he re
marked. ~ suppose we must meet as
strangers" Not at ALL" she replied
coldly. III we should meet as strang'
ers. we should probably fall In love
with each other again."-JudSe.
The Arvada enterprise., 1915-08-05
Daily 1houQl,t,

Happiness is the rcsul, OF our own
energy and canno, be poured upon the
soul. and is almos, lndcpcndcn, OF cir.
cumstances: I, Is made by us, no, for
us.-F. w. Robertson,
The Arvada enterprise., 1915-08-05
"War 10 He'll"

Those best qualified to know about
II claim that the expression War Is
hell" did not originate with General
Sherman. Just how. when and by
whom the term was first used 1t Is
impossible to say.
The Arvada enterprise., 1915-08-05
Meltino Human Fat.

The only chemicals that viii melt
human fat are boiling gasoline and
supcrhcatcd alcohol; but there are
practical difficulties In the way OF
their application during life.
The Arvada enterprise., 1915-08-05
RetMeen Erlrnda.

Miss Oldun-'Td just like TO sec
any man kiss me-" Miss Young
What hopeless ambition '''-Bos,on
Transcript.
The Arvada enterprise., 1915-08-05
Dancer Of Optimism.

An optimist may 20 too far In I'M
agining every weed is n flower and
allowing the plain but necessary veg
etablcs to be choked out OF the gar.
den.
The Arvada enterprise., 1915-08-05
Worth While Quotation.

There IL gold. and multitude of
rubics; but the lips OF knowledge arc
n precious jewel"
The Arvada enterprise., 1915-08-05
Granite. Of Irrnense s,rena,h.

Some GRANTEES will withstand
crushing strain OF 10000 pounds 20
the square inch.
The Arvada enterprise., 1915-08-05
MEMBER COLORADO EDITORIAL ASSOCIATION

MEMBER COLORADO EDITORIAL ASSOCIATION
A man over in Denver the
other night went to his hotel and
beat up another mans wife
thinking he was beating his own.
The mistake cost him $1,000 in
the police courts. The pathetic
part of the story is that his wife
afterwards complained about the
way he spent his money. Just
like a women.
Now that the City Bank of
New York has declared that
great prosperity is here it may
be safe to tell the news without
fear of its being branded. polite
al bunk. And from all accounts
New York has been hit harder
than any other place on the Globe.
With its financial institutions ex-
uberating with optimism the
vault doors that have been closed
for the past year should again
swing open to the call of big
business. All hail to king OPT"
The Ault Advertiser is respon-
sible for the announcement that
Coors Brewery is to be converted
into milk condensory after jan
uary 1st. 1916, and continue to
employ many men. We hope
this is true. 1t occurs to US that
the name "Coors" printed with
the usual flourish on a can of con-
densed milk might be a big impe-
tus to the sale as it would carry
with it lurking halucinatoins of
them happy days" for one pos
sessing a lucid imagination and
a lingering and obstreperous
thirst.
Not day passes but that a
life is sacrificed to speed mania
while automobiling. Forty
fourth avenue was the scene
Tuesday of a frightful accident
when a touring car running for
ty miles an hour plunged into
Clear creek, fatally injuring one
and seriously injuring three 9TH
ers. People do not realize that
dangers of speeding in autos are
30 much greater than on railroad
trains, because conditions are so
different. In the first place the
mechanism of the train and also
the track are carefully inspected
with consistant regularity. while
the auto is treated in an indiffer-
ent sort of way largely depend
ent upon the ambition and eau
tiousness of the man operating
the car. Again the drivers
bump of caution tempers the de-
gree of safety, barring an occas-
ional treacherous piece of road.
In the main, however, careless
ness of the driver both in run
ming and inspecting his car sys-
tematically contribute to the
large per cent of accidents. 1t
should be borne uppermost in
mind that an automobile is a me-
chanical device intended to meet
q popular demand. All are not
built with the same de gree of en-
durance and it is foolhardy to
push them beyond a reasonable
and comfortable speed. Defects
are often found in the best of
machines and unfortunately are
more quickly found after the ac-
cident has happened.
Middletown transcript., 1915-03-20
TAKING CREDIT FOR SUCCESS
Few Are Willing to Allow That 9th
ers May HaVa Been Helpful In
Ones Upward Climb.

Success means to the average per
son merely the reward of merit; but
to the few who understand its sig
niicance it means a greet deal more.
1t stands for much patient prepare
tory work, the foundations OF which
are often laid by others but which 1t
is left to US to make use OF. We can
not get very far In this world without
the help Of others, and IT is this fact
that we so often lose sight of when
prosperity begins to shine upon US
and life is opening up with brilliant
promise. We like to feel the pride of
achievement because It seems in SHINE
way to enhance our Relf-importance.
and the latter quality Is one that
many Of us fad very stimulating in
its effects. We Hike to succeed. first
Of all, and then We like to feel that we
deserve all the credit. Indeed. it often
happens that the very weakness of
human nature deAades US into a tenn
PoEary belief that we ere solely re-
Middletown transcript., 1915-03-20
READY WITH AN EXPLANATION
Guide a Little Short on Ancient His
tory. but Proved Hard Man
TO Corner.

The uniformed guide at an Eng
lish provincial art gallery deeply i'm
pressed a party Of excursionists by
the case with which he reeled OFF the
names Of the bronze and marble
busts
This is Dante, and this is I.ycurgus.
and that one in the corner is Cali.
gula." he explained, The marble
bust with the shaggy beard is Vir-
gill"
Pardon me-" an elderly bysEander
interrupted. but you are giving our
friends from the country misleading
information. The gentleman with the
beard is not Virgil, but Homer This
other one is Virgil"
The guide recognized that his repu-
tation was at stake. and turned on the
daring bystander.
See here. Mr. Clever. you think
you know it all. but you've backed the
wrong boss this time he retorted.
I was here when the busts was made,