davidaulloa/AmericanStories huggingface dataset:
The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1915-02-25
CRYSTAL PROGRAM

Friday. Feb 20. Runaway Jan.
Thursday. March 4. ~ Episode
T.uls oi Pauline
Wednesday. March 8. Than
.uuscr presents the Twenty Mi
hon Dollar Mine Mystery. d
Haudrriul picture.
Mrs Wigs of the Cabbage
Patch California Motion Pc
uu Company . reel offering
n., story of Lovely Mary and
f0. Redoubtablc Mrs Wigs a
complete circus was used ia one
ui thr scenes OF tins great pro
lu.uou II has both paihos and
comedy the combination that
made II sn successful on no, stag,
DON lall 10 see this wonderful
picture
IHr Exploits of Elaine Never
$50. there such serial as lhi,
Newer such thrills. such susprnsr.
I.H intense longing Tor the ne.t
u,lalImcni. II has gwen neH
usurc te the screen. The super
criminal. who comes and goes a..
.u, aud unseen and as free as
tar .ir aud who leaves dr,olauun
mi plllhge behind him The
sherlock Holmes stories are oui
Ipu. va this triumph of realism
o Homer Williams. the Phrnn
m.ual mind reader and psrh".
urrr Are you IA trouble Is
tmr home a happy ON Are
sou going on a Journey VIII ihr
journey be- saicf Are you happy
How about Your real estate ARE
Inu going 10 buy ut sell Are
Em learning trade Are you
s1ur 10 make change lsyouf
health bad How is your iluuu
1I standing Are you n nr d
.. assistance Are any relatives
missing Are YOU Ia love- Arr
you roing 10 be- married Doc,
your sweetheart love You Is
.ur business successful Ar
SOFA suing for divorce Are yuu
mlucky' VIII you win your 10"
Wt If YOU do not know ind
It See tins mysterious PSYCHE"
H1lst 1t you want 10 know who
H0I be- your future wife or hu,
.uj. or II you want 10 kno" &C.,
uring any business or inanua
Investment, or wish 90 l"ral.
lost relatives. articles, etc, or %
H.' any question, providing u
.Il not tend to create gambling "
u.riminatc anyone lie viii t''
W This is a psychic act au,
'Iu only single minded reader a.
Do the world
The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1915-02-25
NOTICE.

To all who feel an interest in
the cemetery at Poplar Grove,
Friday, March 9th, is the day for
the annual election of officers 10
manage the Affairs of the asso-
citation for the year 1918. Every
body please come TO the church
AT 10 o'clock am. Please let us
not lose interest in the city of
the dead. G.. B. Threlkeld. q
The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1915-02-25
M. E. CHURCH NOTICE.

94j Sunday School Had you
ever stopped to think that per
haps my boy and girl would not
give me ~ much trouble il took
more stock IN this great work Z
II a. m. preaching.
t 30 Epworth League.
7:l5 p. IN. preaching. Third
commandment. "Thou shalt not
take the name of the Lord thy
God in vain.
23O p. IN. Sunday School m
East Hickman.
The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1915-02-25
CARD OF THANKS.

Io those who M kindly render
rd us assistance during the recent
Hines, and death of our father.
we wish 90 express our sincere ap
probation. and trust that You
may long be- spared like grIef
Children of Il r Wilson.
The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1915-02-25
Y M b L. NOTICE.

Special meeting Friday night
Tor the purpose of discussing
truck growing. chautauqua, rail-
road rates. fire protection, mem
hrr,hip increase, etc. All mem
beer, are urged to be present
Meeting begins AT I 30
The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1915-02-25

Rev. Cole, Evangelist. who has
been here for the past three weeks
holding services at the Baptist
church, says that he has seen
fewer drunken men in Hickman,
heard less profanity than in town
It's size that he has visited m
the state. Also, fewer young an
married men attend our churches.
II. ID. Robinson and &. ). Pat
terSon returned Monday from
Mardi Grns at Mobile and New
Orleans
Mrs. X. b. Brcvard returned
Friday from a visit with 81 aud
Al Breyard. at Brevard 5 cross
! ing.
Il l.. Bradley will 20 To ST.
Louis Monday To purchase new
goods for his firm.
Cecil Caldwell spent Sunday
aud Monday in Union City visit
ing relatives.
G.. r. and Will Bondurant are
Iat Hannibal, Mo-, ON business
this week
Mrs. Chas. lsbell is on the SICK
list
The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1915-02-25
SPECIAL NOTICE.

Members of Elm Camp No. 3,
W. o. W, are specially request
ed TO be present next Wednes-
day night. Important business
It. c. Bondurant, Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
LEGAL.


er the life enjoyment of the income of the
trust estate exempt from the brother s
creditors.
>. Without deciding that letter writ
ten by the testator three years after the
dence for the purpose or showing the cir
cumstances under which the will was ex-
ecuted, it is held that nothing contained in
either the Will the letter shows that 1t
was the testators intention to protect the
income from waste dissipation, or to
prevent the legacy from being subject to
payment of the brothers debts.
J. Section DDS of the code authorizing
creditors to proceed by punishment
against any person who shall be in
debted to, or have any property real or
control belonging to the debtor, is Suf-
ficient1y broad in it's terms to authorize an
action in garnishment against an executor
or administrator after order of final
distribution.
D. 1t being of the agreed facts in
the present case that the estate of the
teStator is solvent and able to respond to
the quarterly payments due to the bene-
flc1ary, and that they have made such pay
ments to him in advance and recognized
the provision, no order of distribution was
necessary in order to authorize them to
make the payments, and such quarterly
payments are subject to attachment before
final settlement.
q. Under Section 247 of the code, the al
lowance by the court of $25 attorneys fee
for the plaintiff was proper.
All the justices concurring.
true copy.
Attest: ID. A. VALENTINE,
lSeal.J Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
LEGAL,

leaning against one side of the wagon
box, the foreman said to the plaintiff
When you pull the next one out raise it
up and put this piece under it so it won t
scratch on that iron" The plaintiff under
took to obey the order without the assist
ance of the other workman in the wagon
and without Informing the latter that he
was going to lift the slabs. and while thus
engaged the slabs fell upon him and in
1ured him. 1t is held that special find
ing that one man was not able to hold the
slabs In position while the plaintiff obeyed
the order is in conflict with the undisputed
Iacts, and that 1t was not negligence for
defendants to give the plaintiff the order
Burch, J., West, Marshal, j. and Daw-
son, J., concurring.
Johnston, c. j. and Mason L dissent
ing.
A true copy.
Attest: D. A VALENTINE
lSeaI-l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10

No. 1877.
Nellie A. Sherman, Appellee,
Arthur b. Havens. Defendant. and d. r.
ecutors of The Last Will and Testament
of Paul f. Ravens, Deceased, Garnishees,
Appellants.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court Porter, J.
L. The doctrine of ''spendthrift trusts
approved by the majority of the American
courts by which it is settled that it is
trust estate for the life of the CESTUI
QUE TRUST. with the provision that the
latter shall receive and enjoy the income at
times and in amounts either fixed by the
instrument or left to the discretion of the
trustee, and that such income shall not be
subject to alienation by the beneficiary nor
liable for his debts. accords with the gen
eraI policy which this state has always
and debtors 1t deprives the creditor of no
security to which he has the right to look.
and it recognizes the right which the own
er of property has to dispose of it. either
by absolute gift or by conditional
one and to make provision for the object
of his bounty. provided he gives the
only without the absolute title and there
fore the testator's intention in this respect
when clearly expressed will be carried out.
=. will contained the following clause !:
ITO my brother Arthur b. Ravens,
should he survive me, annuity of
thousand dollars, and | direct my said
eNecutor-trustees to pay him Two Hundred
and Fifty Dollars quarterly in advance
from my death until his: but should he
pre- decease me. and in any event after his
death. such annuity fund to be added to
the trust estate hereinafter created for my
said daughter Elizabeth and her issue
HELD. that proper construction of the
will does not disclose intention the
part of the testator to secure to his broth
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
LEGAL.

as part of the proceedings by which the
defendant changed from a city of the third
to city of the second class, the mayor
and council certified to the governor an
accurate description by metes and bounds
of all lands within the limits of the city
as it then existed, which description in
cluded the territory then in controversy,
and that thereupon the governor issued IL
proclamation declaring the defendant to be
a city of the second class having the metes
and bounds so certified. HELD, that the
answer stated a good defense and that it
was error to sustain n demurrer thereto
All the Justices concurring except Daw-
son. J.. who did not sit.
true copy.
Attest: u. 4. VALENTINE,
[Seal.l Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
y. A. VALENTINE.
Clerk Supreme Court.
No. 1874
No. 1854
Emerson Brantingh CHAM Company, Cor
poration, Appellee,

No 1854.
Emerson Bra ntiugham Company, Cor
poration, Appellee,
VS.
Jerry Lyons and w. -. Gwin. Partners
as Lyons & Gwin. Appellants
Appeal from Douglas County.
REVERSED.
Syllabus. BY the Court. Porter. j.
A written contract between the defend
ants and a corporation engaged in manu-
featuring gas traction engine is con
ants should be the exclusive agents
for the sale of the engine in
Kansas during the life of the
contract and should canvass the state and
advertise the engine; il is therefore held
upon a breach of the contract by the plain
tiff that the defendants are entitled under
the allegations of their cross petition to
recover whatever the proof may show
they reasonably expended in efforts to
canvass the state and advertise the merits
of the engine. including reasonable ex-
penses incurred in attending agricultural
fairs and distributing literature and in
field blowing and road grading, but that
they are not entitled to recover for the
value of their services in advertising and
demonstrating the advantages of such
traction engine, or in the conduct of the
business of selling and preparing to sell
engines
Johnston. G. j., Burch, J., Mason. J.
Dawson. J.. concurring.
Porter, J., West, j., and Marshall, J.,
A true copy.
ISeal.I Clerk of supeme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
No. 10, go.
F. L. Kirby, Appellee,

NO. lS,-.tU
f L. Kirby, Appellee
Union Pacific Railroad Company, AppeI-
liant.
Appeal from Sheridan County
MODIFIED
syllabus. By the Court. Dawson +
l. The rule followed that disputed facts
tendlnS to show negligence are properly
for the consideration of the jury.
carload of goods and live stock con-
signed from a point in Oklahoma to a
point In Kansas, but final destination al
tered en- route, is shipment in inter
state commerce.
d Where carload of emigrant goods
a ana i've stock is shipped by rail from
crescent, Oklahoma, to Hill City, Kansas
but the point of destination is altered by
order OF the shipper at Salina, Kansas, to
b tatin IL fark, Kansas the entire transpor-
Interstate commerce, under which q carrier
may Limit his liability for damages to the
reasonable value of the property declared
in the shippers contract-Following Metz
v Railway Co, 90 Kan. 400, 1876 Pac. 667 !;
Adams Express Co. V. Croninger, 226 U. s.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE.
lSeal.l CLERK of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10

No. 10, 1874.
L. W. Clapp ct al,
C. F. Maurer ct al, J. r. Berk and Hetty
Berk, defendants and oss-petitioners,
appellants Russell Moore, defendant
Appeal from Sedpwiek County
MODIFIED.
Syllabus. BY the Court Dawson J
Where a deed conveys property to u
L. l., President of the National Home
Building Company and the grantee gives
back d mortgage as part payment for the
property signed 1.-The National Home
building Company, J. e. L., President
the deed and mortgage are complementaI
parts of the same bargain; and upon an
adjudication that such deed conveyed the
property to J. E. l.. personally, equity re-
quires the recognition of the mortgage
against one who claims under quit-claim
deed from j. f. l..
All the Justices cOncurring.
A true copy.
Attest: u. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
No. 1889
Emil Geppelt, Appellee,

u
Emil Geppelt, Appellee,
The Middle West Stone Company ct AL
AppelleeS The AIlis- Chalmers Company
Interpleader, Appellant.
Appeal from Allen County.
MODIFIED.
Syllabus. By the Court. Mason, J.
L. Where the base of a heavy piece OF
machinery has been bolted to a concrete
foundation, and it's principal parts have
been placed in position, the whole may be
regarded as attached to the realty so as to
be covered by mechanics lien, notwith-
standing some portions of it have not been
fitted into place.
2 Where two stone-crushers are pur-
chased for use together as parts of the
same plant, the physical attachment to the
realty of one does not result in the con-
structive attachment of the other, notwith-
standing both are necessary to the opera
ton of the plant.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.l Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
LEGAL.

1t must appear that there was no uncer-
ta1nty about the identification of the debt
on which it was made
j. Before new trial is granted upon
the ground of newly discovered evidence it
must appear not only that the proposed
evidence is material, is not cumulative and
that due diligence had been used to pro-
cure 1t, but also that it would be sufficient
to produce a different result
l. only such matters were considered
the supreme court
:. Q. The fact that a party made no objec
ton 10 testimony offered in trial in the
probate court did not preclude such party
from making an objection to the same tes-
tlmony when 1t was Offered on appeal
in the district court
All the justices concurring
A true copy.
Attest: d. A. VALENTINE,
lSeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
No. 19.63S.
The State of Kansas, Appellant.

NO. lJ.OoS-
The State of Kansas, Appellant.
Frederick H. Meyer, doing business under
the firm name and style of The Meyer
Sanitary Milk Company, Appellee.
Appeal from Wyandotte County.
division No p
REVERSED
Syllabus BY the Court. Johnston, C. J
The state board of health having made
a rule and regulation fixing the standard
for milk kept and offered for sale and
sold to others to the effect that milk shall
contain not less than 80 per cent of milk
fat nor less than 50 per cent of solids not
fat, an information which charged that at
a certain time the defendant kept and of
fered for sale and sold milk which contain
ed less than the standard prescribed by
the state board in violation of lie rules
and regulations of the state board of health
and of the statutes states an offense under
section 8 of the drugs and foods act. being
section 377 of the General Statutes of 1909:
Burch, J., Mason. j., Marshall, j. and
Dawson. J., concurring.
West J.. and Porter, j., dissenting.
A true copy. -
Attest. D A. VALENTINE.
ISeaII Clerk of Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10

o.
The State of Kansas ex rel, John S. Daw-
son, Attorney General, Appellee.

The State of Kansas rel, John ;. Daw-
SON Attorney General, Appellee,
The City of Harper. Appellant.
Appeal from Harper County.
REVERSED.
Syllabus BY the Court. Porter J..
L In proceeding by the state in courts
of general jurisdiction to inquire by what
authority a municipality exercises govern
mental functions the doctrine that the bur
den of proof is upon the defendant and
that the state is not required to show
ANYTHING rests upon the common law
theory as to the nature and character of
Information in QUO WARRANTO, and has
no application in this state
. Section 679 of the code abolishes the
writ of QUO WARRANTO and substitutes
therefor civil action governed by the
same rules of procedure other actions.
PRESENTATIONS as rules of evidence may be
invoked against the state in such an ac-
ton as readily as against an individual in
ordinary civil actions
3 The state brought proceedings in
ORC WARRANTO to Gust the city of
HarDer a city of the second class. from
exercising authority over certain territory.
The answer alleged that in 1884 when the
defendant was a city of the third class the
then owner of the land executed and filed
for record IL plat of the land and for
an addition to the city; that part of the
land was plated and part unplatted. and
that the land in controversy has ever since
been treated by the owner and by the city
in every respect as part of and within the
corporate limits of the city; that in 1889
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10

No. 1885
In the Matter of the Estate of !. c. Ken
nett, Deceased, / n Chapman. Execu-
tor, f. L. Williams, j. " Humphrey ct al,
Appellees,
Bejamin F. Kenneth and Mary E. Ken
nett, Appellants.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
l.. n teStator whose estate was valued
at $4,000 90 made requests of two town
lots, $4,000 and 100000 respectively, to
three &c elderly der 6 women who had befriended
directed monuments to be erected over his
grave and the graves of his son and step
son; and bequeathed the residue to IL fra
ternal organization, and cut off and
daughter with five dollars each The
set aside the will on account of mental
incapacity and undue influence. The beni-
ficiaries, except the fraternal organization,
could i'll afford the expense of litigation.
The probate court authorized the executor
to employ attorneys to maintain the will
The will was sustained but the beouest of
the res1duary estate failed. HELD, that
under all the circumstances it was not
error to charge the expenses of the litiga
ton against the estate.
2. Where heir brings an action to set
aside her fathers will on the grounds of
mental incapacity and undue influence, she
cannot be said to have prevailed in such
one bequest under the will fails, thereby
creating 4 residuarye estate which descends
3 An allowance of 500 90 to the executor
of an estate for services covering three
prised miscellaneous real and personal
property amounting to $13,00000, is not
necessarily excessive.
A. Section 3532 of the General Statutes
of 1909 authorizing a trial by jury in the
probate court on the allowance and pay
ment of claims against the estate of de-
cedent, has relation to the equitable
review by the district court of the admin
istration of an estate while in charge of
the probate court.
>. In the equitable review by the district
court of the administration of estate
by a probate court, Il jury trial is not
demandable n matter of right
g. 1t is not error for the district court
to refuse specific findings of fact approx
ing separately and seriatum long list
of items allowed by the probate court in
the final settlement of estate under an
executors mana cement for period of
three and one-ha1f years.
All the Justices concurring.
A true copy.
Attest: u. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10

No. 1896.
r. w. Campbell, Plaintiff
George J. Downer. Defendant.
Original Proceeding in Mandamus.
WRIT DENIED.
Syllabus. BY the Court Burch, j.
Proceedings in a trial upon an indictment
or Information charging a crime result
ing i'll Il verdict of acquittal which finds
that the defendant was insane when the Of
Tense was committed, in accordance with
section ) of chapter 300 of the Laws of
1911, are not subject to review by motion
for new trial by appeal.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
[SeaI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
D. A. VALENTINE,
Clerk Supreme Court.
No. 1879.
Charles Ferry Ross, Appellant,

No 1879.
Charles Ferry Ross, Appellant,
Wellington Lodge No. 1873, Independent Or
der of Odd Fellows, Appellee
Appeal from Sumner County.
REVERSED.
Syllabus. BY the Court Porter J.
There was a written contract between
plaintiff and defendant by which they
agreed to erect building each to paw one
half of the cost There was no provision
that either should advance money for the
other After the building was completed
the plaintiff, claiming that he had paid
more than one-half of the cost of con
struction, brought this action to recover
from the defendant the amount in excess
thereof. HELD, that the action can be
maintained upon the written contract, and
that 1T was error to override a demurrer
to an answer setting up the defense of the
three year statute of limitations.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
lSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10

No. 1p0S6.
Joseph q. Norman, Appellee,
l.. Ii. Toliver. ct al. (The Home Savings
Bank, AppellenD.
Appeal from Dickinson County.
REVERSED.
Opinion on Rehearing.
Syllabus. BY the Court Mason. J.
Under the present code the only method
of appealing from the Judgment of a jus
tice of the peace is by the giving of bond
provided in the Justices act.
All the Justices cOncurring.
\ true copy.
Attest: D. A VALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
D. A. VALENTINE,
Clerk of Supreme Court.
No. 1866.
A. J. Chessmore, Appellant,


d. n. Terrell and Joseph Kyle, AppelIees
Appeal from RawlinS County.
AFFIRMED.
Syllabus. BY the Court. Burch. j.
Findings of fact and IA judgment based
thereon approving the report of a surveyor
appointed by the court to establish Ger
tain corners and boundaries examined
and held:
L. The material findings are sustained
by sufficient evidence.
>. The survey was sufficiently extended
and made according to the approved
method.
3. The survey merely established true
location of independent agreed boun
Diary ownership or possession depend
ing upon a valid boundary agreement.
4. The dissatisfaction of parties who are
adversely interested with the result of
the survey does not affect its validity.
,. A trial by jury properly denied
All the Justices concurring.
A true copy. -
Attest: d. A VALENTINE,
ISeaLl Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-10
d. A, VALENTINE.
Clerk of Supreme Court.

No. 1888.
Carrie NJ. Abbott, Administrators, APP
pellee,
Board of County Commissioners, Appel
Appeal from Wyandotte County.
division 49,
AFFIRMED.
Syllabus. By the Court. Burch, J..
The evidence examined and held that
the special findings and general verdict of
the jury are sustained with respect to the
following matters:
1. A number of feet of filling was made
between the abutment of a bridge and the
bank of the stream spanned by the bridge.
bridge with the highway and make it &C
cessible from the highway and constituted
approach forming IL part of the bridge.
p The location and construction of the
bridge were such that 1t was defective for
want of guard rail at it's northeast cor
ner to protect travellers the highway
from missing the entrance to the bridge
3. The chairman of the board of county
commissioners had notice of such defect
derived from knowledge of the conditions
for more than five days before the occur
renee of the casualty forming the subject
of the action.
T. An automobile driver who was driv-
ing his car in the night time at the rate
of about twenty-five miles per hour and
who missed the bridge and was precipi-
tated over the bank of the stream and
killed was not guilty of contributOry
negligence.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
tSea1.1 Clerk of Supreme Court.