davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 20.034.
The State of Kansas, Appellee,

No. 20.034
The State of Kansas, Appellee,
A G. Huff, Appellant
Appeal from Brown County.
REVERSED.
Syllabus By the Court Johnston. c J
l. An assessor claimed that a candidate
for office had not listed his property for
taxation and an inveSti cation of the mat
ter was had before the board of county
commissioners which decided that he had
listed all personal property of his own
and that certain money in his possession
belonged to his brother who was a non
resident and that ii was not subject to
taxation. Concerning the inquiry and de-
cision the defendant wrote the following ::
THE STUART INVESTIGATION
1.-THE investigation of VIM L. Stuart be-
fore the County Commissioners, Tuesday
showed that March LIST, 1913, he had on
deposit in The Citizens State Bank of
ETiawatha, SO. 5000 He produced checks
enough to offset this amount all but 81
800, which he had deposit and failed
to show checks for. and in addition to this
he had drawn check March 1, 1873
for 81 COO 600 made payable to himself and
which he presented for payment on March
g, 1913 This left a balance on hand or on
deposit of S5,2S9.00 on March 1, 1913. which
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No. 1853
Andrew Greisinger, Appellee,
J. w Neighbor and Oma J. Neighbor,
Appellants.
Appeal from Harper County.
AFFIRMED.
Syllabus BY the Court Burcb, j.
l. The vendee of real estate who re-
ceives general warranty deed rests under
no duty to the vendor to record the deed
promptly.
. Various assignments of trial errors
examined and held to be without merit
under well understood rules of practice
All the Justices concurring-
a true copy
Attest: y. A. VALENTINE
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No. Is. 445.
w. L. Ranney. Appellee,
B. f Childs. Appellant.
Appeal from Cowley County.
AFFIRMED.
Syllabus. BY the Court MASON, j.
contract expressly made binding upon
the heirs and assigns of the parties, by
which one of two adjoining owners granted
the other right to the use in common OF
a stairway held to run with the land
All the Justices concurrtng-
true copy -
Attest: D. A NALEN1lNE,
TSeaIl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 20,26S.
c. W. Mclaughlin, Appellee,

No 20, 26S.
c. w. Mclaughlin, Appellee,
VS..
Charles w. Green, Mayor of Kansas City,
Kansas; G.. b. Little, ct al, constituting
the Board of Commissioners of the City
of Kansas City, Kansas, Appellants.
Appeal from Wyandotte County.
First Division.
AFFIRMED.
Syllabus By the Court Marshall, J.
1. Chapter 112 of the Laws of 1915 fixes
the tenure of office of all officers and
employees therein mentioned and subject
to examination and certification at four
years. and takes away from those ap-
pointing such officers and employees the
power to remove them at pleasure
> The appointment of a health com
missioner under chapter IS of the Laws of
1913, upon a certificate. from the civil
service commission that the appointee and
another the two highest the eIigi-
BILE list, is valid, although because of Il
mistake of the civil service commission,
the appointee enormously certified.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
D. A. VALENTINE,
Clerk Supreme Court

| Attest. D. A. VALENTINE,
/ ISeall Clerk Supreme Court
No. 1914
The State of Kansas ex rel. Mary VIII
liams, Plaintiff and Appellee,
James Herbert, Jr.. Defendant and Appel
Appeal from Barber County
AFFIRMED
/ SYLLABUS By the Court West, J.
| l. The amount of payment to be re-
quired in bastardy proceeding is sucn as
| sidering all the facts and circumstances,
/ for securing the maintenance and educa-
/ ton of the child. Held, that the order in
! this case does not appear TO have been an
abuse of discretion.
! .. In proceeding OF this kind, the de-
I PENDANT is not entitled to jury trial as
matter of right, and its denial was not
error.
Attest: D. A VALENTINE,
ISeai-l CLERK supreme OourG
| No 1882.
S. L. Brown, ct al. as Heirs, etc, Appel
lants,
s.
s. NJ. Brown, ct al. as Heirs, etc, Appel
lees.
Appeal from Douglas County.
AFFIRMED.
Syllabus By the Court. Mason, J.
L The evidence in an action for the can
collation. of deed held to support a Judg-
ment for the defendants.
2. Testimony which is within the letter
of the statute forbidding a witness to tes-
since deceased. under whom he claims. is
not rendered admissible by the fact that 1t
state of the mind of the decedent, upon
issue of mental capacity.
g. The rule that witness may not give
a mere abstract statement that in his opin-
ion a person was or was not capable OF
making parneulSr eont ha, applies 70
sonaI association. as well as to that of
medical experts, in reply to hypothetical
All the Justices concurring.
[Seal.l Clerk Supreme Court
No. 1891.
The State of Kansas, Appellee,
John Mccullough. Appellant.
Appeal from Sedgwick County.
AFFfRMED.
Syllabus. By the Court. Dawson, J.
Instructions Distinguishing between sec
tions 80 and y of the Crimes Act. and re-
Iating to a defense of gross intoxication to
prove the absence of generalization, DELHI
GRAFTON. intent and malice, examined and
All the justices concurring.
A true copy
ISeal.l Clerk Supreme Court
No. 1881.
The Cowley County National Bank, APP
pellee,
Appellee. and The Title Guaranty <
Surety Company Appellant
Appeal from Cowley County.
AFFIRMED
Syllabus By the Court. Mason. J.
/ The provision of the Uniform Ware
house Receipts Act thst If a receipt is is
sued for goods of which the warehouseman
is owner the fact of such ownership must
be stated, is met by naming the ware
houseman as the person from whom the
goods were received. and subject to whose
order they are held
2 The statute providing that where
part of the grain represented by a ware
house receipt is delivered new receipt
may be issued for the remainder. which
must bear the same date and recite its re-
Iation to the original. has no application
TO a transaction by which one holding
receipt as security surrenders ii to the
debtor in exchange for a different receipt
of later date for a less amount of grain,
even when such debtor is the warehouse
man.
8. One who asks a new trial because of
newly discovered evidence, consisting of a
document in the possession of the adverse
party is required to produce such legal
evidence as is available concerning its ex-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
D. A. VALENTINE,
Clerk Supreme Court.
No. 1861.
J. P Scott, Appellant,

No. 1867.
J. P. Scott, Appellant,
Thomas J. King, executor of the estate of
Lucy A. Chapman, deceased, ct al,
Appellees-
Appeal from Bourbon County.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
/ Rule followed that the allowance or
refu sal of beIated amendments to pleadingS
is within the sound discretion of the trial
court.
, Rule followed that the trial courts
findings of fact will not be disturbed on
appeal when based upon substantial
though conflicting testimony
3. Suggestion of trial courts abuse of
discretion examined and found groundless.
4. Rule followed that where excluded
evidence is not brought forward and pre-
scented on motion for a trial pre-
scribed by section 307 of the civil code, the
denial of a new trial on account of such
excluded evidence is not error.
All the Justices coneurring-
A true copy.
Attest: d. A. VALENTINE,
[Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 1857.
Otis E. Samuelson, Appellant,

No. 10 697.
Otis h. Samuelson, Appellant
William Palmer Appellee
Appeal from Barber County
AFFIRMED.
syllabus By the Court Dawson I
Il The defendant sold a farm to the
plalntlff and as an inducement to purcha 81.
made the following written promise
Il hereby agree to give Otis E. Samuel
son, $50 per acre in advance of the Drice
he has paid me for 1S4 acres (described).
26, 1910.
William Palmer"
Extensions were duly endorsed on this
instrument each year for four years, the
last one expiring February 26, 1913: HELD
that parol testimony was inadmissible TO
prove that an advance of $3.50 per acre
per annum was intended as consideration
for such extensions
= The foregoing written instrument was
an optional agreement to purchase: and TO
bind the maker, the owner should have
accepted the proposition before its expira-
non. and an acceptance thirty days or
SIX weeks afterwards was too late
All the justices concurring
A true copy.
Attest: D. A. VALENTINE
lSeal-I Clerk of Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No. 1881.
S. H. Chatter Lumber Company, Appellee,
The Scott City Northern Railroad Com
pany ct al. Appellants,
And The Kansas Construction & Irriga ton
Company, ct al. Appellees.
Appeal from Scott County.
Syllabus. BY the Court. Mason, J.
The record examined and held, in view
of the special findings, not to support a
Judgment giving a lien upon railroad for
material furnished in its construction.
All the Justices coneurring.
true copy.
Attest: D. A. VALENTINE.
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No 1860
B. Strong, doing business under the name
and title of The B. Strong Grain & Coal
Company, Appellant
vs.
G. W. Ringle, Appellee
Appeal from Coffey County
REVERSED.
syllabus BY the Court Burch T
l. When parties have undertaken to
conclude contract the formation of which
is governed by general usage the fmplica-
t1on Is they intended to proceed according g
trary. 80
2 The foregoing rule applied to a gen.
eraI custom In the grain business to verify
the result OF oral negotiations conducted
6y means OF the telephone by written con-
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeal.l Clerk Supreme Cont
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
LEGAL.


istence and contents. An affidavit thereof
made upon information and belief, which
states probative facts within the knowl-
edge of the affiant. is not sufficient, where
no effort is shown to require production
of the document by its possessor.
All the Justices concurring.
true copy. -
Attest: n. a. VALENTINE.
[SeaLl Clerk Supreme Court
No. 1887.
Paul McComas by Charles f. McComas, his
next friend Appellant,
The Strasburger Dry Goods Co. Appellee.
Appeal from Labette County.
REVERSED.
Syllabus. BY the Court West, J.
The evidence on behalf of plaintiff, tend
ing to show negligence and failing 10 estab
lish contributory negligence, should have
been submitted to the jury and IL was error
to sustain demurrer to such evidence.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No. 1921 tA
The State of Kansas, Appellee,
Clifton Richmond. Appellant.
Appeal from Saline County.
AFFIRMED.
Syllabus. BY the Court. Porter. J.
l. An information charging in one count
that defendants conspired together to de-
fraud corporation and by fraudulent
representations which set forth OBJ
tanned from it its bank check by means
whereof they obtained a certain sum of
money and thereby defrauded the corpora
ton, charges but one offense.
2 The information in this case is held
sufficiently definite and certain to enable
defendant to learn the exact nature of the
offense charged.
> Where the state offers evidence
which tends to support its claim that
conspiracy to commit a felony continued
to exist for the purpose of concealing evil
dence of the offense charged, the acts and
declarations of one conspirator in further
ance of the conspiracy or While it con-
spirator-
4. The sound discretion of the trial
court must determine what is the proper
course when in the progress of criminal
trial ii is brought to the courts attention
that an attempt has been made to cor
rupt the jury. On the facts stated in the
cpinion. it is held that there was no abuse
of discretion in denying defendants mo-
tion to discharge the jury
All the justices concurring-
A true copy.
Attest: D. A. VALENTINE.
lSeal1 CLERK supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
u. A. VALENTINE.
Clerk Supreme Court

No 1880.
The Central National Bank of Junction
City, Kansas, Appellee,
c. NJ. Sheldon. ct al &C.. X. Bowen.) Appel
liant.
Appeal from Wyandotte County.
Second Division.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
l. The partnership liability for debts
incurred in the name of a corporation
which has not been and never is com
pletely organized, extends to all who par
ticipate in the corporate enterprise, and
is of the same nature as would be imposed
if the original plan had been to form a
partnership. Bank V. Sheldon, SO Kan.
400. 121 Pac. 34O.)
= The evidence has been examined and
is held to Justify the findings Of the trial
court.
All the Justices concurring- .
A true copy
Attest: ID. A. VALENTINE,
[SeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No. 1926
The Graham County Mill & Elevator Cons
pany, Appellant,
W. G. Saunders, Appellee.
Appeal from Graham County.
REVERSED.
The rule that parol evidence is not ad-
missible to show an intention different
! from that expressed by the terms of a
written contract. on its face complete and
unambiguous. applied to a subscription to
the capital stock of a corporation.
All the Justices concurring-
Attest: d. A VALENTINE,
ISeall Clerk Supreme Court
Sarah A. Pond, as Executrfx, etc, ct. al,
Appellees.
W. H Harrison, ct al. Appelles. and
James R. Harrison ct al, as Trustees.
etc, Appellants.
Appeal from Butler County.
Syllabus BY the Court Mason, J.:
land to trustees to be handled in their
discretion, the net income TO be devoted
empt from his control and from seizure
for his debtz- The trustees allowed the
eejoy its Se d R house In
which he lived with his family was nearly
destroyed by fire. He rebuilt It, using
for the purpose the proceeds OF an in
surance policy taken out by him. but
failed to complete payment for the Ium-
Der Held, that a mechanics lien could
because of the provision Of the viii re-
garding exemption. nor to any part OF
the building, because it had all become
a part of the realty.
All the justices concurring.
A true copy.
Attest: d. A VALENTINE
ISeaI-I Clerk Supreme Court
No. 1850.
The Stock Yards State Bank, Appellant,
The Merchants State Bank ct al, APP
Appeal From sedgwicIz County, Second
Division
AFFIRMED.
Syllabus By the Court. Burch, J.
Assignments of error relating to the
admission and exclusion OF evidence, in
structfons to the jury, ard special find
fngs of fact. examined and held not TO be
well founded.
All the Justices concurring-
A true copy.
Attest: d. A VALENTINE,
lSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No 1879

D. A. VALENTINE,
Clerk Supreme Court
Evening star., 1915-05-16

Intention ~ Eastern High School
trsr" the last week las been con
~ at.l largely on the spring dav
t': nc ''ali"pers. given Friday
Evening star., 1915-05-16

was thai in the struggle that had So
b"red yellow into gra y-dun and chang
ed Innocence into self-respect she had
come to know that soul and solitude
may prove such good comrades as to
take the place of intimates and kin.
All of which IS merely to explain why
one friend of this column happened 10
be amusing herself The other day on a
weedy common near the suburbs in
stead of following the rest of the town
TO- say. the horse show
La the tau@ledy patch of weeds and
gay blossoms there We're srasshoppers
that could mane the marathon score
Tor Ions, jumps look foolish. and bob
bing around everywhere We're butter
ilies of paleSt buff. And between the
tiny live things that buZzed and hopped
and crawled and futtered around her. a
country clean breeze and a freedom
bought by work that means heaps more
than money. the woman was having a
fine time TO herself when a cart ratified
by In the cart was oldiSh man and
a boy: the man III front and the boy
IN Il chair with pair of crutches be
side him.
Weed patches not being notable as
horse and called out to know If the
lady had lost her way Lady re-
sponded to his courtesy by going over
to the road to explain that she was just
looking at things through a ma snify-
ing glass.
That's what it was. gran pa-what
She Ssld~-;hatS lt-iemme look.
In the boys voice was the Shriil Of
excitement and in his eyes something
which must have been in the eyes cf
Columbus at first sight or land.
You'll have TO excuse the boy
ma am. He's been half cracked over
some wonderful sort Of a sometime
he saw one time and didn't know the
name of-says it's like looking through
i gate into Strange world. where I,
cripple boy can have good times.
While he talked the boy was looking
through the glass At his fingers: 1T The
horn button an his eingham shirt
wri5tband--at the crash OF his knee
pants. For him, there was no woman.
no man. no cart.
II is great thing to he able to open
the gate Of Il new world To one who wants
to enter, and so:
When the cart ratified off tn. boy was
looking through the glass Why not"
Isabella gave her jewels 80 Column
bus.
And hcsidcs II you have eyer had ia,
plunge IN the deep Hatcrs alone and
unalded-!t teaches :ou the value of Il
helping hand
The woman said 50 Ana she knows.
Evening star., 1915-05-16

Romeo declare in fervor of manly pas
sion;
"Aw. Johnson ain't the only pitcher :.
You just keep Your eye on -
Once there was girl all innocence
and lemon yellow hair. And she was
treasured as n jeyel in a queens crown
until all at once. in a sudden gust OF
temper. fate took to iiinginS misfor-
tunes at her like boys stone frogs.
At her first plunge into the deep wa
ters of life the thing that most as
tonished the girl was that of all the
beautiful beings who stood for friends
and relatives not one seemed to re-
member that submerged youth needs Z
helping hand until it learns to swim
II was all right. of course; perfectly all
right. only.
When the shore was reached the
thing that most astoniShed the woman
VINO had long ago stopped being a girl
Evening star., 1915-05-16
Schools ~

III EAiBERS of the Daniel Web
NH ster club of Business High
School are 10 hold their
4 4 nual public meeting and de-
bate at The school Friday
evening
The four companies of CADETS com
prising the battalion at Central High
School are To take part IN the peace
pageant which that school is T" give
Tuesday i'e.-ce day.
Tseh-8 spring FIra4 y % - held
Tuursd:yy. IL s.@ "ow nearing
"ora pietioii, "ra = ts expected TO be
nne OF tAG big events Of tiie year.
TWO Alumni benef,s were held ~
focal theaters during the last week.
Monday evening was the date of beu.-
NJ Of Mckinley Manual Training School
and Wednesday the date of the Alumni
ASSOCIATION of Business. Eastern's
slumn! are to hold . benefit II q local
Playhouse May 81
FOLK dances. a ;ypewr.ting contest
/. nd lantern slide ~aricafurcs I,y one
- the pupils are to ne features of an
entertainment TO b- held az Business
H-@h school unGe. thr auspices Of the
''arent-T"a cher Isolation OF that
ah"ol Thursday evening.
"on 10 Frisco. me musical comedy
Resented hy pupils ot Tech u autn ber
v weeks ago ut the hooI. was taken
annapolis yesterday and presented.
v%ral members of the faculty ac-
sa.uaa!ed the company
.
Mas Helen Bridget. stanton Henry
md Thomas p1Y@ut were elected this
81 eek rs members Of the executive con-
ts.ttee ot tHe graduating class Of
rGr frst .
'rc@n'ly elected are also members OF
4" committee.
':verymau" Mas presented bv the
,..th semester En-i.sh class of Miss (,
Y orr Of Central fiigh Tuesday before
t#H members of the afth and sixth
H"'nester classes
Intention ~ Eastern High School
curing the last week las b4a, Cor
t'ty. The Galiopcrs.' given Friday
s',n last evening"
eo%s of the Mckinley Mau.al Train
~ school assisted last week IN lay
'G= oHt'' tn. field at III. Anerir:f,,
league ban park for the spring play
s'.ound festival, which is TO be held
tacre Thursday.
Liquid air was rhe subject OF 4 lee
ufe anu DEMONSTRATIONS at business
lfigh School one day last week by Mr.
Hsord of the bureau OF standards The
lecture ~as arranged by Dr William
: Hedrick, head OF the department. Of
.hysics In the high schools.
*
Principal Emory Wilson Of Central
f55-ii. WHO has been visiting other
.'t.es Inspecting school equipne n
9 tor TO the selection of that for the
rs Central, returned Friday
The u erAI orsaniza lion, which was
Evening star., 1915-05-16

ing the silence to themselves when another
man and woman, OH. SO much older, came
along the path near by
The two must have appreciated the ten
der, little tableau. for, as they n.ared the
grassy bump. the oldish man smiled at
the oidish woman. and she nodded 10 show
that she understood.
It was their tribute to loves Young
dream. And as they tipped along the path
at the back of the unsuspectiug spoDncrs
they were near enough to see Mary .Iu-
lets rapt young profile and to hear John
Evening star., 1915-05-16

? edition of Romeo and
on q grassy bump out
The twilight was put
ON the 2reeneFH and
and the two We're hHV-
Evening star., 1915-05-16
| Y |

Folk dances. a typewE.ting contest
. nd lantern slide oarieatures by one
- The pupils are to ne features of an
: entertainment TO b- held az Business
H.-ch school mice tho auspices Of the
'areut-Tea cher Isolation OF that
ahonI ThursGay .scnIug
Evening star., 1915-05-16

They are laying q pipe OF some sort
on y stree: up town, and yesterday.
after work hours. the thread of & ditch
posted with lanterns of rcd warning
lay deserted il the dusk-eNcept for
three small boys
The two kidyiicS ~ the ditch were
armeG with popguus aud toy sabcrs.
each uniformed in fcathered war bon
nets aud fringcd panties exactly like
Evening star., 1915-05-16

Lady Doctor, | am 50 glad 10 hear
You have stopped calling upon poor Mrs
smith Ipw l am sure she is out OF
danger 0dge.
Evening star., 1915-05-16

!oFhIea AZ the Mckinley Manual Train
ing School this year, has attracted a
great deal Of attention. 1t is said to
be proving itself a successful inatitu-
ton. and is now generally regarded as
having passed the experimental stage.
: < Z i
Several alumni of Business High visit
ed that school recently and spoke in
the interests of the alumni association
The delegation included Messrs. Robert
Tracy. Benjamin Harlan, Daniels ana
Allison.
:: $ :.
Miss Sarah +. S:mons of Central. head
OF the department of English in the
high schools, recently addressed the IL
brarianS and teachers of English in
New York on classroom D-ainatiza-
ton Miss Simons has been partictI-
larly interested in this phase OF Eng
lish training for several years.
Evening star., 1915-05-16

Indians don't wear The on" who stood
on the asphalt held 4 cigar box ard
wor. the blue denim rompers Of peace.
And while the youngsters in the dI1ch
popped guns and the hoy above snapped
the box lid. a woman came along and
wanted TO know W hat they We're play
ing Hostiltics ceased for eNpiana-
tions. but the overindustrious box lid
KEPT on with its swapping.
I'VE amt piayin'. lady. We's fight
in in the twenches an him's takin'
pitchers for the movie show. 4.
He was entirely right They were
not playing Ii was the real thing so
long as imaeina tiou--nature's most
fiery munition--cou1d hold out: also:
II was something of = dig for those
at the front" films in which the enemy
takes time TO pose fGr the foNle man.
A John and Mary edition of Romeo and
Juliet were sitting on q grassy bump out
Rock Creek way The twilight was put
ting dusk shadow on the sreenery and
dimming blossoms. and tine two were haN-