davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16

No. 1885.
Lawrence Fisk, Appellant,
H. ]; Neptune. Appellee.
Appeal from Wilson County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
The evidence in an action by landlord
against his tenant. for noncompliance with
lease. examined and found not to require
the verdict to be set aside.
All the Justices cOncurring.
Attest: d. A VALENTINE,
tSeal-l Clerk Supreme Court
No. 1889
Anna f. Spencer, Lucene A. Lewis, Frances
Il. Means and Bernice E Barker,
Appellants,
VS..
Emma d. Barker. Appellee.
Appeal from Douglas County.
MODIFIED.
Syllabus BY the Court. West, J.
1. The word children as used in section
S4S4 of the General Statutes of 1909 in
y The title to the exempt personal
property which by such section the widow
is allowed to keep absolutely for the
of herself and the children of the deCea Sed
not subject to division or partition by such
children, although they are all of age and
living away from the residence of the
widow, long the widow is situated
to need the beneficial of such
property.
Johnston. c. J., Porter. j., and Marshall
], concurring.
Burch, j., Mason, j. and Dawson, J., dis
Senting.
true copy.
Attest: d. A. VALENTINE,
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
est: d. A. VALENTINE,
ALL Clerk Supreme Court


No. 1886.
Ihomas b. Samuel, Appellant,
Henry S. G. Thomas, Appellee,
No 1887.
Thomas B. Samuel, Appellant,
VS..
Richard :. q. Thomas. ct al, Appeilees
Appeal from Brown County.
AFFIRMED.
Syllabus. By the Court. Porter J.
In a suit to set aside conveyances of
real estate to PLAINTIFFS nephews which he
alleged had been procured by fraud and
undue Influence there a conflict in
nothing involved in the case but questions
of fact, the Judgment will be affirmed.
All the Justices concurring.
Attest: d. A VALENTINE,
lSealI Clerk Supreme Court
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellee,
The City of Topeka, and Matt weightman.
County Treasurer of Shawnee County,
Appellants.
Appeal from Shawnee County.
CFirst Division)
AFFIRMED
Syllabus. By the Court. West, J.
The provision of the act of 1907 providing
for commission form of government Of
cities, claws 1907, ch. III, sec. 112, Gen.
Stat. 1909 sec. 1929 concerning n levy of
taxes to create a reserve fund, is con-
strued to mean merely an authorization to
set apart out of the general revenue fund
a sum not exceeding twenty five thousand
tingent expenses properly and legally pay
able and occurring by reason of some un-
foreseen disaster or extraordinary emer-
gency.
Mason, J., Porter, j., Marshall j., and
Dawson, J., concurring.
Johnston, c. j., and Burch, J., dissenting.
A true copy.
Attest: D. A. VALENTINE,
ISeal-l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 1857.
George w. Jarrard ct al, Appellants.

No. 1857.
George w. Jarrard, ct al, Appellants.
w. J. Mccarthy, ct al, Appellees
Appeal from Edwards County.
REVERSED.
Syllabus. By the Court. Dawson, J.
l. An affidavit accompanying notice
of appeal reciting that this notice of ap-
peal is made in good faith and not for the
purpose of wi1ful delay" is a sufficient
compliance with section 1926 of the Gen
eral Statutes of 1909.
. One Of u number of resident ap-
pellants gave his personal bond in an ap
peal from the probate court to the district
court. and made deposit of $500 in cash
as security. and this bond and security
were approved by the probate court :
HELD, that such bond and security thus
Section 1927 of the General Statutes -
1909.
All the Justices concurring.
n true copy.
Attest: d. A. VALENTINE,
ISeal-I Clerk Supreme Court
No. 1929.
J. w. Brooks. Appellee,
The Atchison, Topeka and Santa Fe Rail-
way Co, Appellant.
Appeal from Kingman County.
AFFIRMED.
Syllabus BY the Court Burch, j.
The evidence examined and held to sus
tain special findings of fact and gem
eral verdict in favor of the plaintiff who
was injured through the defendant's neg
ligence while loading ties on flat car.
All the Justices concurring.
A true copy.
Attest d. A. VALENTINE,
LSeal. Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
LEGAL
SUPREME COURT SYLLAB|
No 1857.
The Tiger Drill Manufacturing Company
Appellant,

Appellant,
A. Il. Rice, Appellee.
Appeal from Greenwood County.
AFFIRMED.
Syllabus. By the Court. Marshall j.
1. judgment will not be reversed on
account of accident and surprise in the in
PRODUCTION of evidence. where the pleading
of the opposite party discloses the facts
which that evidence tends to prove.
:. \ judgment will not be reversed be-
cause of newly discovered evidence where
the party complaining had access to all,
and took the dispositions of part, of the
witnesses disclosing such newly discovered
evidence. in the absence of any showing
of diligence to produce such evidence at
the trial
All the Justices concurring.
A true copy.
Attest: d. 4. VALENTINE,
ISeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
u. A. VALENTINE,
Clerk Supreme Court.

No. 1919.
The c. w. Smith Electric and Ice Com
pany, Appellant,
The City of Larned ct al Appellees
Appeal from Pawnee County.
AFFIRMED.
Syllabus BY the Court. Burch, J.
Various objections TO the proceedings
preliminary to municipal bond issue con-
sidered and held to be without merit
All the Justices concurring.
\ true copy.
Attest: d. A VALENTINE
lSeal-J Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
d. A. VALENTINE,
Clerk Supreme Court.
No. 1881
The State of Kansas, Appellee,

No. 1881
The State of Kansas, Appellee,
Il. c HOlcOmb, ct al, Appellants
Appeal from Kingman County
REVERSED.
syllabus. By the Court. Burch J.
/. The act providing for the incorpor-
alton of cities of the third class (tien
Stat: 1909, Sec. 151D conferS authority on
the board of county commissioners to de-
ternlne whether or not petition for in
corporation presented to it is signed by a
majority of the electors of the unincor-
porated town. The authority thus CON
fefred Is Jurisdiction, which attaches when
a petition fair on its face and duly pub
liShed is filed. Proceedings following re-
sultfng in an order effecting Incorporation
are the exercise of Jurisdiction. The leg
1slature having authorized appeal or
other method of review, the action of the
board of county commissioners, is final
and conclusive although irregular and err
roneouS, and cannot be attacked by the
state insan action of quo warranto prose-
cuted against the corporation except for
fraud, collision other misconduct the
substantial equivalent of fraud.
=. Section 1 of house bill number 139
passed by the legislature of 1915 purport-
ing to cure irregularities in the incorpora-
ton of cities of the third class incorpor-
ated in the year 1918 is unconstitutional
and void as special legislation comforting
corporate power. (Const., art IL, Sec. II
All the Justices concurring.
y true copy.
Attest: d. A. VALENTINE,
lSeal.l Clerk Supreme Court.
Perth Amboy evening news., 1915-06-08
DAMAGE SUIT AGAINST O'BRIEN
MAY GO OFF FOR THE TERM

In the $4,000 damage suit
brought by Lewis C. Nichols, of
Wharton, against Jerry" OBrien,
Judge George S. Silzer, presiding
over the Morris county circuit of the
supreme court, is considering a mo-
tion to let the action go off for the
term on account of the alleged alb
sence from the state of Joseph ].
Benesch, a former O'Brien deputy,
who was at Wharton during the
strike, and who is now declared to
be in Florida. The defense claims
that the man left the state about
week ago and is material witness.
The plaintiff, represented by Thomas
Brown, will submit affidavits to
show that the man went to Florida
more than year ago. A motion
made by the defense yesterday to
have the case go off until the next
term because of the prejudiciaI eff
feet that certain published articles
concerning the convicted deputies at
New Brunswick might have in the
Wharton strike case, was overruled
by Judge Silzer
Perth Amboy evening news., 1915-06-08
slay Three Generals.

Brownsville, Tex. June S-Thrae
Mexican generals and ten other Mex
leans, connected previously with the
army of General Eulalio Gutierrez,
were executed by Indians composing
part of the Carranza army under Gen
erai T. p Nafgrrate, according to Car
rama advices made public In Mata-
moros
Washington, June s.--A reply from
Carranza 10 the presidents note %
be received at the Carranza agency In
this city today. Word to that effect
came from Vera Cruz. While not pre-
pared to make a definite statement as
to the character of the reply. the Car
rama agent IN this city intimated II
would be conciliatory in tone
The expectation here is that Car
rama In bis reply VIII attempt to pave
the way for formal application TO-
recognition by the Washington gov
eminent 1t is understood TO be the
purpose of Carranza to move forward
us ThpH1it ds poSSlD4S III Inc hcAi lew
weeks, reoccupying Mexico City and In
other ways give evidence that he has
attained control that entities him to
recognition. Officials of the Carranza
agency say that upon the occupation
of Mexico City by Carranza forces the
populace will be fed and relief e1
tended TO noncomhatants in other sec
tions Of the republic.
The administration has not yet come
to a conclusion that foreeloses the pos
sibility OF recognizing Csrranza. The
president has, in fact, selected no one
for recognition. and it will be up to
Carranza in any event TO show tha'
his control is as widespread as has
been represented.
Official adyices received here tend to
support the claims of the Carranzigtas
that Villas star is waning and that he
cannot long maintain himself as a fac
tor In the situation. Carranza officials
In Washington insist that villa is short
of funds and ammunition and that bis
recent attempt TO open eommuntca,
tons with Carranza TO talk about
peace is an acknowledgment of defeat
Perth Amboy evening news., 1915-06-08
COST 1882 MORE FOR FOREIGN
JURY TO TRY THE DEPUTIES
Special to the EVaNIN0 NEWS

Special TO the EVENING NEWS.
New Brunswick, June S.-The cost
for having a foreign jury instead of
Middlesex county jury to try
the former deputies accused of com
mitting murder during the Roosevelt
strike in January, has been s3S2
more than If local Jury was used, it
has been estimated here. The cost
of a foreign jury, including mileage
between this city and places in Mer-
Ger county and expenses for a week
at Hotel Klein, was about $1,000. ac-
cording to bills passed upon at q
meeting OF the Board of Freeholders
yesterday. Bills aggregating 1900
contracted as a result of the strike
trial. were received. Included was
one for 1862 from George D. Ziegler
for stenographic work In connection
with taking the testimony in the
case.
Perth Amboy evening news., 1915-06-08
To ARGUE DEPUTIES
WRIT IN NOVEMBER
Court of Errors Convenes Next
tuesday, but viii Take No
Action on Writ.
DEPUTIES WILL BE FREED
Bonds of S39,5OO Will Cause
Their Release Until Action is
Taken Next Fall.
DEPUTIES WILL BE FREED

Argument on the writ of error,
which will be served on Supreme
Court Justice James ]. Bergen when
he sits at New Brunswick tomorrow,
in the effort being made by counsel
for the nine deputies convicted of
manslaughter, will not be heard be-
fore the court of errors and appeals
before the session of that tribunal,
which eonvenes next November, it
was learned this morning In the
meantime, however, the men will be
released in bail. The bail bonds OF
the convicted deputies and those
that have not yet faced trial will
amount to $39,500, and will be fur
nished by the National Surety Com
pany tomorrow when all the depu-
ties will be released from the county
Jail, after having been incarcerated
for the past five months.
John Delaney, an assistant Of Jo-
seph E. Stricken, chief counsel for
the deputies, Is In Trenton today,
and will have the formal writ of err
ror sealed by Secretary of State
Thomas F. Martin, who is also clerk
of the court or errors and appeals.
Following its being officially sealed,
1t will be served on Justice Bergen
tomorrow. The seal of the Secretary
of state gives it its potency, and on
being received by the justice will act
as stay on the carrying into effect
of the sentences imposed on the nine
men until the writ may be argued be-
fore the court of errors.
Court Convenes Next Tuesday.
Irf - Il H.
convenes next Tuesday for it's sum-
mer session, but there will not be
enough time until that date 10 allow
of the writ being argued at this ses-
sion. SO it will necessarily have to
take its place on the states highest
courts calendar in the term begin
ming in November.
At this time the appellants are not
required to give reasons for their
appeal for the setting aside of the
verdict finding them guilty of man
slaughter. However, such reasons
will have to be served on the state
by the defense within less than
month following the writ being serv-
ed on Justice Bergen tomorrow.
The defense has made all arrange
ments for furnishing bonds for the
nine convicted men, which will total
s22,500; for Harry Patterson, an
alleged deputy leader, which will be
$2,509; for John Smith, acquitted OF
manslaughter, which will be $500,
and for the other fourteen untried
deputies, which will total $4,000,
making bonds in the amount of
S39,500 necessary. Mr. Stricken, of
the counsel for the defense, was op-
timistic this morning despite SEEM
Ing recent reverses and has but lit
tie doubt that the conviction of the
nine men will be set aside by the
highest state court and new trial
ordered
Perth Amboy evening news., 1915-06-08
POSTPONE HEARING ON GRADE
CROSSINGS in ELIZABETH

The Public Utilities Commission,
at a meeting held yesterday, post
poned the hearing on the grade
crossing elimination in Elizabeth un-
til June 81. 1t developed that the
Central railroad desires certain
streets vacated that have been dedi-
Gated but not opened. Opportunity
will be given at the hearing to all in
terested in the area affected by the
proposed grade crossing elimination
1t was deemed advisable to post
pone the hearing SO that this new
phase of the case may be considered
Jointly with the others.
Perth Amboy evening news., 1915-06-08
bR|T|SHER KILLED
IN MEXICO FIGHT
Carranza Indians Kill Mexican
Leaders - ConstitutionaIist
Leader Seeks u. S. Help.


Washington, June SIS. B. Jones,
a British subject, was killed Sunday
in Tuxtan, Mexico, the state depart
ment was advised today. Five other
British subjects were probably fatal
ly wounded In an engagement be-
tween rival Mexican forces.
Considerable other fighting with
varying results were reported by
American consuls at other points
throughout northern Mexico. A
number of reports received concern
ing famine conditions. the situation
in some places being described as
most serious and others somewhat
improved. The state department
was informed that special trains
chartered to bring refugees to Vera
Cruz left the latter place yesterday
with British consul on board and
flying British flag. 1t was said there
were six cars and were accompanied
by an armed escort.
Perth Amboy evening news., 1915-06-08
FREEHOLDERS DECIDE To
FIX THREE COUNTY ROADS
Special to the EVENING NEWS.

Special 20 the EVENING NEWS
New Brunswick, June SIT was
decided at a meeting of the County
Board of F'reeholders here yesterday
to repair sections of three of the
most prominent roads in the county.
They are the Bonhamtown-W Wood
bridge road, extending from Bon
hamtown to Woodbridge; the road
from Third avenue in Highland
Park to the forks at the Highland
Park Hotel, and the Keasbey road,
extending through the Keasbey sec
ton of Woodbridge. connecting with
Smith street at the westerly bound
airy line of Perth Amboy.
Perth Amboy evening news., 1915-06-08
MANY LEARN TO SWIM

Three hundred and seventy-five
boys are receiving free instructions
in swimming at the Y. NJ. G. A. build
ing this week. Physical Director Pew
had charge of IT'S yesterday. Good
progress is being made, and the in
has proved to be an ex-
tremely popular one, as can be
judged by the number of applications
received.
Perth Amboy evening news., 1915-06-08
BOOST JULY FUND

Raritan Camp, No. so, Woodmen
of the World, at its meeting last
night donated SIS to the Fourth of
July fund. George HEM was named
to represent the camp on the mayors
committee.
Perth Amboy evening news., 1915-06-08
GOOD CHANCE FOR KING

Athens, June s;-Professor Essel-
berg, German specialist, in the Off
cia1 bulletin on King Constantine's
said he now has more
than an even chance for recovery.
Il should say he has seven chances
in ten.''
Perth Amboy evening news., 1915-06-08
Y. M. c. 4. BOYS TO MEET

Boys Work Secretary C. R.
Wakeling. of the Y NJ. c. A., has
called meeting of the members of
the boys division for tonight at s
o'clock in order to make arrange
ments for tennis tournament.
Perth Amboy evening news., 1915-06-08
non,f Nant to "a oneen

AS his daughter. Hannah. is only
a baby, William Hechheimer wishes
to withdraw her name as one of the
contestants for the honor of being
chosen queen Of the State street
Mardi Gras.
Perth Amboy evening news., 1915-06-08

Athens, Constantinople, via Berlin
wireless, June 8.-The allies losses
in recent attempts to storm the Tur-
kish positions on the Gallipoli PENN
sula were heavier than at first re-
ported. Dispatches received today
said British troops lost heavily bo-
dies of several thousand of British
soldiers being found on the field af-
ter the enemy withdrew. The Turks
captured seventeen guns and many
rifles and war material.
Perth Amboy evening news., 1915-06-08

Typewriters at Jensen's, state St
174o0-6-20-Th- Sa Tufts
Perth Amboy evening news., 1915-06-08
Violent Artillery Duel.

SpectdI 0y CNfltU fT55s WYE.
Rome, June 8-The official Italian
statement said In the upper
Isonza valley We continue the severe
battle against the enemy. We have
gained a sound footing on both
banks and are threatening ToIemine-
The artillery duel is continuing with
greatest violence southwark to the
sea-"
Perth Amboy evening news., 1915-06-08
Beat OF Counter Attacks.

Paris, June 8:-Pressing steadily
eastward toward Lensthe, French
troops occupied another group of
houses east of the Souchez sugar
mill. Everywhere in the region
north of Arras the enemy is making
desperate attempts to stop the
French advance by heavy counter
attacks, but without result.
Official statements from the war
Office this afternoon said the French
made slight progress east of the
Lorette hills. The Germans counter
attacked three times during the
night, but were beaten off with
heavy losses,
Perth Amboy evening news., 1915-06-08
5000 Austro-Germans Fan,

Special By United Press Wire.
Petrograd. June S:-FiVe thou
sand Austro-Germans were killed
and 720 taken prisoners in a bloody
engagement in southeast Galicia,
the war office announced today. The
severe losses were suffered by the
enemy on one section alone. Along
other portions of the battle front in
southeast Galicia the Austro-Ger-
mans also lost heavily in killed and
wounded.
Dispatches today admitted that
the Russians who evacuated
Przemysl have withdrawn several
miles to the east of the fortress in
the direction of Lemberg. This was
entirely in conformity to previous
arrangements for strengthening the
Russian lines, it was stated. Rus
sian positions around Lemberg were
described as satisfactory.
1t was officially admitted that
some of the enemy's units forming
part of General Won Linsingen's
army, crossed the Dniester in the
Zuravne region east of Stryj. These
Austro- erman forces were prompt
Continued on page ~
Perth Amboy evening news., 1915-06-08
BRYAN SPLITS WITH PRESIDENTS
CABINET CAAB|NNE ON ON NOTE READY READY ID CD CD To To
KAISER; ULT|MATUM, HE thinks
ITALIAN KING NEAR
DEATH IN BATTLE
Shell Bursts Over Head of En-
manuel, Showering Large
Area With Bits of Metal.
Special nu United Pres. Rira.

Special BY United Press Wire.
Milan, June 8:-King Victor En-
manuel narrowly escaped death
while visiting the Italian battlefront
1t was learned today. An Austrian
shell burst within fifty yards of the
king, showering a large area with
bits OF metal. The king was un-
disturbed.
Grew Of Steamer browns
Special ~ United Press Wire.
London, June 8:@Captain Wirth.
his wife and daughter and fourteen
men of the crew of the Belgian
steamer Manatier, torpedoed by a
German submarine in the North sea,
were drowned, according to dis
patches received today. Three Nor
wegian vessels have been sunk in
British waters in the last twenty
four hours, according to other dis
patches.
The three vessels sunk are the
Bergen steamer, Trudvang, of 1000
tons; the Christiana steamer, Gilt
tertind of $50 tons and the steamer
Superb.
The crews of all three vessels were
saved the dispatches stated.
Perth Amboy evening news., 1915-06-08

CALL A TAXl-4e. Chris johnson.
17S24-6-1- -1mo-f.p.
Perth Amboy evening news., 1915-06-08
Shell Verdun Forts.

Berlin via wireless to Sayyille,
June S:-News that the outer forts
of Verdun were being bombarded by
the Germans with long range guns
caused CONSERVATION in Paris, ac-
cording to Geneva dispatches. Gem
eral Joffre attempted to appease the
public by promising that French avi-
ators would discover and destroy
the guns.
Perth Amboy evening news., 1915-06-08

WEATHER--Fafr and
cooler tonight. We'd
nesday fair. Mod
crate westerly
winds.
Perth Amboy evening news., 1915-06-08

(cont.nueo on page -
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1915-02-11
NOTES FROM THE CAPITAL

Frank Mace, formerly a resident
of Turner County, now a prosperous
business man of Bonesteei, is in the
CITY in the interest of a normal
school for his section of the state.
The Text Book Bill, which has
been the subject of great deal of
discussion, both for and against, was
up for final passage last Friday.
After about three hours of warm
debate, in which most Of the lawyer
members. as we'll as the speaker,
participated, the vote was taken.
The bill passed bv bare majority
Coming up later for reconsideration
it was sustained by sn equally small
majority 1t will undoubtedly meet
its fate IN the senate.
The 'Eugenics" Bill was on the
calendar Saturday. and failed to
furnish the fun anticipated; after a
half-hours debate it was killed by a
large majority
The senate put in most of Satur-
day afternoon .flibnstering The
friends Of the Capital Punishment
Bill fopnd these tactics necessary to
keep the bill from being defeated. as
a number of senators favorable to
the bill were absent.
Sunday was Temperance Day"
at Pierre. Supt. Holsapple spoke in
the Methodist church in the morn
ing and President Perisho addressed
"a large audience at the Congreqa-
tional church. Union services were
held in the evening, when both
speakers gave strong, convincing
arguments
Uncle Eph's" temperance bill.
which sought to make Hot Springs
dry, after being loaded down with
amendments, was finally killed. It
was amusing to watch some Of the
members try to .get from under
DIR. Perisho addres sed the house
last Monday on Conservation of
the Artesian Waters of the State"
The lecture was instructive and in
teresting.
The bill limiting salaries for town.
ship treasurers has been killed.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1915-02-11
Accuracy In Big auna.

AS showing the excellent workman.
ship which goes into the modern heavy
naval gun. 1t may be noted that all the
I5-inch guns for the FIVE British battle
ships of the Queen Elizabeth type
We're ordered without any trial gun be-
Ing made and tested. When the first
l5inch gun was tried out, the results
agreed exactly with the calculations of
the designer. 1t is stated that it is tho
best and most accurate gun Of all
ranges that has yet been built for the
British navy The explosive charge Of
the shell, which weighs nearly two
thousand pounds ia 80 per cent larger
than that of the 1S.5sinch guns which
preceded it.