davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
LEGAL.
SUPREME COURT SYLLAD|.
No. -, 1(6.
The State of Kansas, on the relation OF
H. o. Caster. Attorney for the PUBLIC
utilities Commission of the State of
Kansas, Plaintiff,

l. ne AdnSdS O-
Original Proceeding in Mandamus
WRIT TEMPORARILY WITHHELD
Syllabus. BY the Court Dawson: ) E
1. The public utilities act claws 19ll'
ch 1881 and related statutes have con-
ferred upon the Public Utilities Commls-
sion the power to determine whether a
telegraph station long established ana
maintained should be abandoned
=. The power thus granted IS Vaiid
exercise of governmental supervision ana
does not contravene any provision or eth
the national or state constitution
3. Where a telegraph company main
tanned telegraph station for u numDer OF
wears at an average deficit of Sl34-dd per
annum it should have applied to the Pun
lie Utilities Commission for PERMISSION 70
discontinue it, and it was unlawIuI 10
close the station and quit business tnereaI
until such permission was granted.
t. Section 1896 of the General Statutes
of 1909 Laws 1898, CHI. 152) is largely su,
perseded by the public utilities ACT anu
other related statutes enacted since 1888
>. Section 1896 of the General oIaIutes
of 1903 (Laws 1893, CHI. 1922 requiring eacn
telegraph company to maintain an ONCE ice
in the county seat of each county when 1ts
lines run through such county seat, does
not limit the power of the Public Utlntles
commission to determine whether such Oh
flee is disappearing and compensatory,
nor prevent the commission from renewing
the telegraph company of that duty IL 1ts
enforced maintenance would Violate any
provision of the national or state consul
tuition. or be otherwise unduly Durueh-
some. unreasonable or oppressive.
All the Justices concurring.
Attest: D. A VALENTINE,
TSeaII Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
D. A. VALENTINE,
Clerk Supreme Court.
No 20O67

NO ZU,OO1.
In re Elmer Higgins. Petitioner,
Original Proceeding in Habeas Corpus.
Petitioner Remanded.
Syllabus. BY the Court. Johnston, c. J.
1. verdict rendered in prosecution
under section AZ of the crimes act (Gen.
Stat. 1909. Sec. $500 that:
I'VE. the jury, empaneled and sworn
in the above entitled cause, do. upon our
oaths. find the defendant guilty of assault
ing and wounding George V Jackson under
circumstances which would have consti-
tuted murder or manslaughter if death had
ensued, under Paragraph 2530 of the Gen
eral Statutes of Kansas 1909 in manner
and form as charged in the information ::
is not so indefinite and defective because
of failure to specify the degree of the
offense to be void.
. Nor is the commitment or Judgment
void because the court instead of stating
specifically the maximum and minimum
penalties in the indeterminate sentence rem
dered adjudged that the imprisonment
should be not less than the minimum nor
more than the maximum provided in sec
ton ~ of the crimes act for the offense
of which the defendant was convicted.
All the Justices coacurrinG
A true copy.
Attest: d. A. VALENTINE.
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
No. 19,437.
Hattie Robinson, Appellee,

The Chicago. Rock island & Pacific Rail
way Company; Appellant.
Syllabus By the Court Mason, j.
l. An instruction that, upon the issue
whether a claimant was mentally incapable
of doing business at the time of settle
ment the jury may consider the adequacy
of the amount paid h heIa b Hnaer erroneous
as attaching too much Importance TO tnaC
phase of the matter;
other state having laws similar to our
own. by an administrator there appointed
n third state, Notwithstanding the pre-
vious appointment there of a domlc1nary
administrators, who could maintain no such
action. because not permitted by the laws
of his state. .+ .
new trial need not be ordered where the
result would turn upon the proof OF the the
are capable of exact ascertainment,
Judgment may be ordered by this court
according to the fact. ,s :.
Dodge v Coffin, Is Kan. 277, that 1T Will
be presumed, in the absence of evidence to
the contrary, in favor of courts OF general I1d
Jurisdiction of sister states, that they have
the authority they assume to exercise, ana
them. though different from that estab
Hshed by the laws of this state, are au-
heT1sa by tes d pSr Of the state IN
5 Judgment of dismissal, appearing
to have been entered by consent of the
sued upon, is a bar to a further action
thereon
q The record of the dismissal by the
plaintiff, on settlement, of an ACTON
brought in another state. by an admins
traitor there appointed, for damages Tor
the death in Kansas of the interstate, who
was a resident of a third state, payment
in accordance with such settlement having
actually been made to the widow Is
bar to an action brought here by the
widow.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17

No. 70. ...f3.
W. L. FarQuharson, Appellee,
J. E. Lightner. Appellant
Appeal from Sedgwick County.
division No. IL
AFFIRMED.
Syllabus. By the Court Mason, j;
The evidence in an action for real
estate agents commission held to author
iZe the Instructions given.
All the Justices concurr1ng.
A true copy.
Attest: d. A VALENTINE.
ISeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
LEGAL.
No. 1886.
M. J. Mcknight, Appellee,


The Strasburger Building Company, APP
pellant.
Appeal from Labette County.
AFFIRMED
Syllabus BY the Court. Marshall, j.
/. A motion of the defendant for judg-
ment on the pleadings snouid be oOr-
ruled, where the petition states n cause of
or more defenseS, and the reply denies
each and every material allegation in the
answer Inconsistent with the allegations
of the petition.
.. The aggregate value of a number of
articles of personal property may be
given D. evidence, when it is not within
the power of the party producing the evil
dence to give detailed values because OF
the destruction of the property.
;. When it is material to describe
past condition or occurrence, it is not err
rOr to exclude evidence of what witnesses
then thought of such condition occur
renee
4. 1t is not error for a trial court to
refuse to give immaterial instruction.
D. 1t is proper for the court TO give the
jury an instruction based on the correct
pleadings, where the contract affects the
rights and liabilities of the parties to the
action
6. 1t is proper to give an instruction
based on evidence, although that evidence
is slight.
Z. A part owner of a party wall who
negi1gently permits 1t to stand unsup
ported and exposed to the weather after
it formed part, is liable to another part
owner, who is using part of the wall, for
damages resulting to him from a falling
of portion of the wall which he is not
using and over which he has no interest
All the Justices concurIing.
true copy.
Attest: d. A. VALENTINE.
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
d. A. VALENTINE,
Clerk Supreme Court

No. 18Th.
H. c. King Appellant.
Appeal from Jackson County.
AFFIRMED.
Syllabus. By the Court. Johnston. c. J.
1. In the employment of broker to
procure a purchaser for certain lands it
is held that the agreement did not contem-
plate a sale of public lands in cOntraven
ton of the federal laws.
>. a competent purchaser was procured
by the broker and when the land owner
was notified that one had been found that
was ready. able and willing to buy the
land the agreed terms he refused to
complete the sale, basing his refusal upon
certain objections, and upon the trial of an
action brought by the broker to recover
the commission the land owner asserted
other grounds. HELD, that having put
his refusal to complete the sale par
ticular grounds he, in effect, waived any
defenses based upon other grounds.
HELD. ALSO. that the reasons asserted
when the refusal made those sub
seQuently set up in the trial were not
good grounds for his refusal
3. If an agreement for the sale of land
does not specify indicate the charac-
ter of tn conveyance to be made the law
will imply that a deed with the usual
covenants of warranty is to be executed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
d. A. VALENTINE,
Clerk Supreme Court.

No 1864.
The State Bank of Eudora, a Corporation.
Appellee.
John Brecheisen, Appellant ct al.
Appeal from Douglas County.
AFFIRMED.
Syllabus. By the Court Johnston, c. J.
The finding of the trial court herein that
the plaintiff which purchased certain
negotiable notes executed by defendant
before they were due, was not guilty of
fraud in purchasing the notes, that 1t
took them in good faith and is bona fde
holder in due course is supported by the
evidence upon which the finding was based.
All the Justices concurring.
true copy.
Attest: d. A. VALETINE,
LSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17

CONTINUED ON Next Page,l
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
d. A. VALENTINE,
Clerk Supreme Court.


The State of Kansas, ex rel James NJ
county, Appellant,
Dick & Brothers Brewing Company. Hattie
Allen, ct al, Appellees.
Appeal from Wyandotte County.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
l. A petition to enjoin brewing COM
ing intoxicating liquors to business
houses and numerous persons in Kansas
others violated the law of the state of
Kansas by engaging in the unlawful sale
ing a1or and that If
to receive and have intoxicating liquors in
by maintaining liquor nulsanees; and that
Dick & Brothers Brewing Company and
pea n1or IN 5e fb a n
Kansas, and make deliveries OF intoxicat-
ing liquors to residents and citizens of
law, and thereby aid. assist and abet in
maintaining liquor nuisances by delivering
Intoxicating liquors to premises used
wholly for business purposes and by de-
Hvering intoxicating liquors to persons
the unlawful sale. of intoxicating liquors,
and unless restrained VIII continue to
business premises in Wyandotte county,
Kansas; but does not allege that Dick &
Brewing or any OF the
liquors to defendant III. a: or any of the
others, nor allege that Dick & Brothers
brewing companies will. unless restrained,
deliver intoxicating liquors to Fl. A. or
any of the others. nor allege that
nuisances were being maintained by any
of the defendants at the time it filed,
does not state facts sufficient to constitute
a cause of action
.. Where a petition that attempts to
state but cause of action is demurred
to on the ground that several causes of
action are improperly Joined, and no cause
of action is stated this court can not say
whether not the demurrer should be
sustained or overruled on that ground.
All the Justices concurring-
true copy.
Attest: d. A. VALENTINE,
Su
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17

No. 1865
Thomas J. Hart, Edward f. Hart and Al
bert j. Hart, partners, doing business
under the firm name of National In
craving Company, Appellants,
VS..
J. L. Haynes and Frank E. Hart Appellees
Appeal from Labette County.
AFFIRMED.
Syllabus By the Court. Dawson. J.
1. A plain statement of facts In the sim
pie language of a layman, showing that a
written contract procured by fraud,
is a sufficient pleading in an action be-
fore a justice of the peace.
3 The rule that parol testimony can
not be admitted to vary the terms of
written contract has no application to an
issue of fraud in the making or procur-
ing of the contract
g. Rule followed that the determination
of the trial court on controverted facts,
when based upon sufficient and com etent
evidence, will not be disturbed on appeal.
All the Justices concurring.
A true copy.
Attest d. A VALENTINE
Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17


J. F. Going, Appellant, ct nj.
Appeal from Shawnee County.
division No. II
AFFIRMED.
Syllabus. By the Court. Johnston. c. J.
I. Chapter 1852 of the Laws of 1891 and
the amendments thereto, in effect, provide
that where counties elect to come under
it's provisions the county treasurer shall
bid off all lands therein that are adver-
tised for sale for, taxes and that no other
bids shall be received and, further, that
the lands bid off shall be subject to
edemption until expiration of three years
from the date of sale and if not redeemed
that the lands may then be disposed OF
by the county according to the general
provisions of law. The assignment of land
so bid off and the issue of a certificate
by the officers of the county one day be-
fore the period of redemption had expired,
as in this case, is held to have been with
out authority and the issuance of tax
deed based thereon is void. And, HELD
FURTHER, that the record herein suffici-
emily shows that the act mentioned was
operative in the county where the land
was located and that the tax proceedings
in question were had under that act
2. A court may take judicial notice of
the adoption of the act mentioned by a
county and that 1t was in operation there
when certain tax proceedings were mad.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
lSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17

II. o. Janicke doing business The
Washington Telephone Company, Appel
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17

EZekial L. Denver. Administrator Of the
estate of Calvin E. Denver, deceased, APP
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17

The Atchison, Topeka and Santa Fe Rail-
way Company, Appellant,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-17
No. 1857

D. A. VALENTINE.
Clerk Supreme Court
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25

Best fast color Percales In
new spring patterns. Yard wide
at I2Hc yd.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25
BIG BUILDING
CONTRACT MADE
II. II. Hankins & Bro. Will
Build Plant.
SANITARY CAN co.
VIII at Once Erect a Three-Storv
Building to Cost $4,000
or SIS, 900.

Brldgeton was fortunate when VIII
liam H. Souder made it possible to
procure for this city the location of
the great plant of the Sanitary Can
Company Since the plant was start
ed here it has grown twice its original
capacity, and now another complete
addition is to be built which will al
most double its present capacity.
Yesterday the Sanitary Can Com
pany made contract with Harry H.
Hankins & Bro. for the erection of a
three story structure with basement.
The building will be 63x15O. built Of
concrete block to conform with the
original plant and will be made en-
tirely fire proof.
The original building of the plant
was three story structure without
basement adjoining the railroad track
and was upon the southeast corner of
the lot. Two years ago Hankins &
Bro, erected a large one story build
ing on the west of the original build
ing and facing on Bank street.
The new building will be erected on
the line of the railroad directly north
of the original building, the north line
of the new structure facing Penn ST.
This leaves still large lot at the
southwest corner Of Bank and Penn
streets, upon which the company plan
to erect another building in the future.
There will be fire proof areaway
between the original and new build
ings on the first floor so that product
may be trucked through to the rail-
road tracks.
There will be a four story elevator
placed upon the west side of the new
building and will be built outside of
the building and will serve the build
ing which is planned for some future
time.
The elevator Will be of the fire proof
type with automatic steel doors.
A platform will be made along the
length of the new building. Four
shutes will be run from the building
over the platform to load cars.
The present improvement will cost
from $4,000 to $4,000.
The contract provides that the new
structure will be finished by the first
of June.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25
Diament Farm Barns on
Jones Island Totally
Destroyed.
LOSS is VERY
GREAT To OWNERS
Twenty -Four Head of Horses,
Mules and Cows Burned in
Barns on Farm i'm Jones
Island This Morning.

This morning at 1.30 O'Clock, two
great barns upon the Jones Island
farm of the late Sheriff Charles G.
Diament, the homestead place, upon
which lived Andrew Wood, a farmer,
were totally destroyed. There perished
in the flames 20 head of horses, 2
mules and COWS. Some harness was
burned together with 10 tons of hay.
The origin of the fire is a complete
mystery. At.1220 o'clock Joseph Cole,
who lives on the nearby Noble farm,
drove in home from trip from Sayre's
Neck, and there was no sign of fire
about the place.
Just an hour later the dog of Mr..
Wood awakened Mrs. Wood by fran
tically scratching upon her bed room
door. AS she opened her eyes she was
temporarily blinded with the red glare
of flames, and she at once seen that
the great barns on the side of the
house were burning.
In few moments neighbors Joined
the Woods about the burning buildings
but little could be done to save any
thing except the adjoining property.
The fire seemed first in the horse barn,
big structure, but the flames rapidly
spread to the COW barn nearby.
Mr.. Wood managed to get from the
blazing structure one of his horses,
but so badly was it burned that it was
killed this morning.
In the horse barn there were being
kept temporarily 10 horses, and a mule
belonging to William Stensnyder, the
horseman, of Bridgeton. In the COW
barn Mr.. Steinsnydcr was keeping
COW.
Mr.. Wood had horse, mule and 1
COW in the barns.
All of this stock perished in the
flames with the exception of the one
horse which Mr.. Wood was obliged to
kill.
Mr.. Steinsnyder was on the farm at
six o'clock last night and cared for his
horses.
No one has any idea how the fire
originated and indications seem to
point to incendiarism.
The farm is the homestead of the
late Charles G. Dialuent and he lived
upon The place for many years. The
will of the late Sheriff, which is in
contest, bequeathed this farm to the
son of Mrs. William Cook, of Green
wich, daughter Of the late Sheriff.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25
PROPOSES A
new BOARD

The abolition of the present State
Board of Education and the formation
of a new elective board is provided for
in bill presented in the Assembly by
Mr.. Hammond of Mercer County.
The new board, according to the
provisions of the Hammond bill, would
be composed of twenty-one members,
one from each county in the state.
They would be elected by counties to
begin their terms January 1, 1916.
Seven would be elected for one year,
seven for two years and seven for
three years. The members would get
salary of $1,000 yearly.
The brief attached to Mr.. Ham
mond's bill says that the measure has
been introduced because of the arbi-
trary tactics of the present appointive
board in their dictatorial policies"
1t states that the rural districts are
particularly aggrieved at the present
board, because it has forced them to
erect schools at a greater cost than
they could afford to pay.
The rural districts, according to
the brief, are asking for little more
home rule in the management of their
school affairs They are opposed to
the pet hobby of the present board
in consolidating schools. "The little
red school house. it is related in the
brief, sis looked upon as the social
centre of the community, and in these
buildings are held entertainments, re-
ligious and other public meetings, and
the people are strongly opposed to the
closing or removal of these schools
merely to crafty the whims of those
who do not seem to realize the great
worth of these little schools in the
rural portions of the state"
1t is further pointed out that the
present board of eight members has
so amendeded its rules that three con-
stitute a quorum and two members
can put over any measure they see
fit.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25
MENTALLY UNBALANCED

Samuel Wright, of Fremont Avenue,
arrested some time ago for an as
sault and battery upon his wife, while
in an intoxicated condition, has in the
last few days developed conditions that
point toward insanity
His actions for the past week or so
have been queer to say the least, and
finally Mrs. Wright notified the city
authorities who advised examination
by physicians.
Doctors Corson and Sewall made
such an examination yesterday and as
result of their findings, the matter
was given into the hands of County
Solicitor Ward, who is drawing up
papers for Wright's admission to the
County Hospital for the Insane.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25
The SONG OF
OUR WILDWOOD

A franked envelope brings us the
masterpiece of the Hon. Jingle
Thompson Baker, Representative in
Congress of the Second New Jersey
District. Open the enclosure careful
1y; a music box, a nest of singing
birds:
%Who does not know that over
sweet words make bitter lives?
"The right of suffrage is as old as
the human race.
Our duplicity outshines our con-
sistency, overmasters our delicacy and
obliterates the last vestige of justice.
cat what iocund time, in what rose
ate place and by what sinuous and
sinister means did man acquire the
right to violate every raubric of the
square deal and to play the small des-
pot?
Are we conscious of the thrill of
modernity in civilization?
rs prejudice an illuminant; is it an
establishment?
Does custom sanctify imbecility?
"Of whom here that has utility
real, fructifying nentality-has it not
been asked, Who is his mother% not
Who is his father?'
For ages the armament has been
vocal with applause, the pages of his
tory afiame with the eulogy of her
foresight, her judgment and her tri-
umphs.
Like the surging roar of the sound
ing sea comes the ceaseless and SWELL
ing demand that we shall gravely con-
slider the relation of this majestic po-
tentiality to the future of our country.
"A tumultuous call is changing from
the hills and sobbing from the valleys
for equal rights to ALL"
What good man does not share the
sob? What bad man does not trem-
BILE at the changing call? Sweet as
the murmur of Cohansey or Rancocas,
musical as Mullica, Nantuxent, Nes-
cochaque and Mechesactuxin; tender
the songs of the Hen Jingle Thompson
Baker. If he MARBLES at Wildwood, he
is not far from Great Sound.
But since the Hon. Jingle Thomp-
son Baker asks both on his franked
envelope and in the canticle which he
is scattering among the faithful in the
counties of Atlantic, Burlington, Cape
May and Cumberland, Does custom
sanctify imbecility?" it is only cour-
teous to reply that some customs do,
and notably the franking privilege
New York Sun.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25

$I.oo Pretty Foulard Silks,
now 29c yd.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25
FOR REPEAL OF LAW

The State of New Jersey is being in
terested in the demand for the repeal
of the so-called full crew" law which
burdens the railroad arbitrarily and
unnecessarily. Public sentiment is
aroused and there is general demand
for the repeal of the act, the people
knowing that the public must pay the
bill.
Petitions asking The legislature to
repeal the "full crew" law are being
circulated in Bridgeton, and hundreds
of signatures are being appended.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25
Save ON Table Linens

Beautiful Irish Linens, double
weight, new spring patterns, u
in. wide, regular $I.25 and 81 so
a I'd now 81 yo.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25

Turkish Towels direct from
the manufacturer. Reg. nc
each now &C each.
Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1915-02-25

The Violet Club of the M. E. Fithian
Memorial Chapel are preparing with
great care for their activities of Sat-
urday. On that day the young ladies
will serve supper in the store just
vacated by Mayhew and Cake.