davidaulloa/AmericanStories huggingface dataset:
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17

tried to reach FIRST the ear of the chief
or the best reputed man Ia a conmu
nifty. and found II SO prudent a plan
that he mover yeered from H. hut this
time. back Ia tho old paths Of his sert
dom, he had not counted on any eyarr
geliBtic fame Of his having reached the
masters ears, nor known that Milcho
was profoundly superatitioun and row
artily.
Milcho, upon the arrival 81 the OK
slave IN tho vicinity. had departed
simply run away. and burned all his
houses and sheds behind him. None
of his neishborB knew where tho
frightened fellow had gone There IL
one report that the two men rot 10.
gether later and Milcho was converted
but this iH not aubatantlated
PalladiuH OF Rome had failed In his
work In ireland. lie had died In do
spair among the PIeta. And IT, Pat
rick. armed with HIS commission from
tho Vatican. had been consecrated by
the bishop OF Milan soon afterward
So. bearing the red scaled papers Of
the Roman p0ntiif. and having gained
discretion IN his experience nm a aert
and n measure OF general knowledge
In the years Immediately following
Patricina. the evangelist. who Was to
become the most loved saint OF tho
Emerald ials. whs veil equipped for
tho life ~ a zealot when hs came 20
the north country once more lilo
seemed never TO have failed. good
sense as well aH the spirit of q ro
iigioso standing him In hand,
ireland. as then divided consisted
Of four Kingdoms. corresponding 10
the present provinces. and one con.
trail kingdom. tho present county Of
Meath and contiguous territory. Here
was Tara. the seat of the federal king.
ArdRlKh. 81. Patrick'a conduct before
the paganB OF the district won over the
ruler. he was baptized IN the River
Boyne. and Christianity was estab.
lished in the center Of the four king.
doms. with Armagh as the seat OF the
metropolitan SEQ" says 9 writer.
Tho saint died ct Saul. whom a very
old man-soms say more than one
hundred years OF age Saul IL In north
ern Ireland. near the abbey OF Down.
patrick, and there he was buried. \
huge, nat stone marking the spot and
acting AZ mecca for ell Ireland 10 this
day. Three hundred and Hlxty.hye
churches were founded by st. Patrick.
and by the side OF each school was
instituted. Two colleges held him az
their father and teachers Aud the
first archieplscopaI see. In Armagh.
vas established through hia efforts
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
Fameua Faeterr . Rsopen.

The famous King Teh Cheeug poree-
lain factory. which from the year 1895
furnished all the fne porcelain for
the royal palaces Of China. IL 10 be
Feopsned. This factory sas partly de-
stroyed during the revolution In whieh
the republic was established and the
various samples and patterns kept
there were divided amsng the leading
rsVolutlOnlats. However. many pat
terms have been recovered. t0Eether
with samples. and tho ns3t step 10
awaited with interest.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
March H. ISIS

Belgian army advanced further
In User region.
Germans valnly shslisd heights
Of hetre Dame de Lorette.
Turkish soldiers killed civilians
In urumiah district, Persia.
British battlsshlps iFrsslstlsis
and Ocean and French battleshlp
nouvsf sunk by mines In Oar
dansllss; coo lest with Bousst.
French submarine sunk and ether
warshlps Of allies damaged.
German submarine sank British
steamer oianartnsy in English
channel.
Denmark. Norway and Sweden
protested against British blockade
Of Germany.
Bombs from : xsppslln killed
seven In Calais.
RoumaniAn government esixed
shells In transit from Germany 70
Turkey.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
PROHIBITION WINS in CANADA.

Within Six Months All Western Can.
ada VIII be Dry Territory.
Winnipeg, Man.-Prohibition swept
Manitoba on Monday. Out of $780, 900
votes, the "drys" had a majority OF
10000 to $4,000. No part of the prov
ince voted against the Manitoba tenn.
perance act. which was referendum
placed before the electors by the Nor.
ris government. Winnipeg went dry
by 5000. The province went dry four
to one.
Counting the cost is the next con
sideration Manitoba has to reckon
with. One hundred and nine licenses
go out on May 81.
Alberta province goes dry July l.
Saskatchewan is under government
liquor license law, and win vote on
prohibition in December.
Within six months all of western
Canada will be in the prohibition col
umn
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
Nation Of Muale Ia4.r..

Il Il rare that a person 10 found 10
ireland lacking musical perception.
The richest. the most beautiful tradi.
tiOnal music. ~ part Of the peoples
liYes You hear u everywhere Not
the vulgar. debaslnE carols Of the
cheap music hall that depend for popu.
laFltg On their Indecent suggestive
ness. but pure. artistic melodies.
strains that seem 10 have immortality
in them. and that speak 10 the heart.
now IN Joy. now in aorross In an emo.
tionak language thai cannot be- trans
.ated.
This Is substantially the state 81 nu.
sic Ia ireland today The old airs have
haen transmitted from generation To-
generation. the older singing tor the
younger
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
March re. 1915.

BeiolAna crossed the User and
drove Germans from trenches
south Of Nleuport.
Britain reeaptured 81. EIol.
Russians drove back Teuton
army that was marching on Przas.
nySE.
Russians routed Turks In Ar
menla.
Vtce.Admlral Garden succeeded
by Vice. Admiral de Robeek a. Oar
danelies.
German liner Macedonia. lntsrned
at Canary Islands, escaped.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
MAINE REPUBLICANS WIN.

Democrats Successful in But One Of
Four City Elections.
Portland, Me.-Four out of the Ave
city elections in Maine Monday were
won by the Republicans. The only
Democratic success was in Biddeford,
where Leopold A. Girard was chosen.
The successful Republican mayors are
Blaine s. Viles, in Augusta; John f.
Woodman, Bangor; Frank H Nicker-
SON, Beaver, and William X. Keene,
Belfast.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
THE EUROPEAN WAR A
YEAR AGO THIS WEEK
March a. 1915

March -. 1915.
French occupied vauq0ols. w the
Areoans, and EmeermsnIl.
British repealed German attack
on NeuVe chapelle.
eolslaRa made gains on the
Nssr.
Russians checked German a6.
vance In the Mlawa region.
Three British cruisers sank Ger
man cruiser Dresden near Juan
Fernandez Island.
French steamer Au0usts conasIl
sunk by German submarine.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
March Is. tS,s

French captured trenches north
OF Arraa.
Germans drove back British
south Of Vprsa but were beaten 81
Neuve chRpeiie.
Russians captured chief eastern
defense Of prxemysi.
Severe fighting In Bukowlna and
In Ice fields Of the CArpathlans.
Britain refused 70 modify block.
ads order.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17

-Tomorrou. gentlemen = said TIE pro
lessor ia ; lecture on tskinE aeiss. =
with bring In my eardg and ehow yoa
my card system Voice: 20. K. dos.
Fetch some ehiPa and se1l have =
gEuiar party - Pennsylvania Punch
Bowl
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
Maroh 10, 1915.

British and asrmans fought In
underground passages o. Rsmseap.
pells monastery.
Msmsl, German port en- Battle.
occupied BY Russians.
Ven Nindenburu started nss o.
fsnslys In Central Poland.
Russians toek AFeha~a from
TURKS.
British steamers HyndfoF and
Blue Jacket sorpedosd In Enalish
channel.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17

= Brown is Elected President.
Innis Brown. sporting editor of the
Atlanta Journal. has been elected
president of the Georgia-Alabama
league. succeeding C. L. Bruner.
Brown formerly a star football player
at Vanderbilt university, is well in
formed on all matters pertaining to
sport. and should make the circuit a
good executive officer.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
Why PortuaaI Entera War.

washington.-PortugaI entered the
war. the Portuguese legation an
nounced Monday, because Great Brit
ain requested her to do SO, in fulfill
ment of treaty obligations dating
back to 1873.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
Prices for Championship FIeht.

New York.-The remodeling Of Mad.
ison Square Garden has Increased the
total seating capacity for the Willard.
Moran fight to 1890 The prices for
the seats range from So up to SIS. II
all the seats are sold the gate" win
total $145,5O0
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
March II, 1915.

Bslelans carried two positions In
User region.
Weatende was bombArded.
Russians crossed German from
tier In two places.
Battle being fought for posses
sion 81 TRrnOwlce.
British Lost three mine swsspsrs
In the pArdaneilsa.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17

staylate-sYss. i've essn very N
Everyone thought ! Was Soin9 % die.
but didu't. you zee" Alss NeeFeigh
-"okl that's toe bad TN aWfnlly
sorry
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
Lets Grading Contract

Omaha, Neb.-contraet for grading
Tor the branch line Of the Union Pa
eifie railroad from Wamsutter, Wyo..
10 Craig, Colo, has been let to XII.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
March 90. 1918.

Russians won battle In streets sf
Msmsl.
sefile BY PFxsmysl garrison 70
pulsed.
Holland protested against trade
embargo.
Persian government cnlisd on
Russia 70 ssaeusis province Of A..
srhIIan.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-03-17
Securities Worth millions Seized.

securities Worth millions Seized.
London.-Securities valued at e.
100000 and suspected of being Ger
man ownership seized from mails in
transit. now are in possession OF the
prize5eourt, according to an an9ssunce-
mentsby the foreign office.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
Legal.


them in one count of his answer and the
other in another. the plaintiff is not ordf-
narily prejudiced by the denial of motion
a. require him to elect between them, al
though both allegations could not be true.
8. In an action upon a bond undertake
ing to indemnify an employer against losses
through the embezzlement of an employee
ii is not error to instruct that one of the
issues is whether he was guilty of that
offense
4. A general instruction that the plain
tiff has the burden of proving right to
recover is not Objectionable, although some
issues are involved as to which the burden
is on the defendant.
8. Where an insurnce agent. who is au-
thorized to retain 20 per cent of all
premiums collected. RENTS so per cent of
each collection made, without specific d.
rection as to the application thereof. the
fact that the company applies a part of the
amount RENTED to an Indebtedness Of the
agent for money advanced can not result
In fixing liability upon a bounding COM
in fixing liability upon a bonding COM
pany which has undertaken to indemnify
the insurance company against loss oc-
casioned by the embeZzement of its agent.
All the Justices eoncurring.
A true copy.
Attest: d. A. VALENTINE,
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
LEGAL.

two executors would not be valid if one
band delivered the deed to his wife with
the firm belief that it placed title TO the
land in her. The deed was duly recorded
and neither the husband nor wife was then
indebted TO anyone. Some years later the
husband became financially involved and
one of his creditors now seeks TO appro-
pirate the land to the payment of a debt.
Held, the husband is estopped to deny that
the executors deed had the effect which
1t was designed to produce and is estopped
10 claim the land under any title which
he possessed at the time the deed was de-
livered, and that the creditors right TO
appropriate the land is no better than that
of the debtor.
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, 1916-02-19
No 2O124
No 20,124.
The State of Kansas, ex rel. s. NJ. Brew
ster, Attorney general, Plaintiff

No 20,124.
The State of Kansas, ex rel. S. M Brew
ster, Attorney general, Plaintiff.
Frank Cumiskey, State Inspector of Oils,
ct nj, Defendants.
Original Preceding in Mandamus.
WRIT DENIED.
Syllabus. By the Court Burch, ].
The fee of ten cents per barrel charge
able for the inspection of kerosene. gaso-
line, benzine, and other petroleum products
under section of chapter 200 of the Laws
of 1918, is clearly and grossly in excess
of the amount reasonably necessary to ef
fectuate the lawful purposes of the act. At
the time of its enactment, and ever since
that time, the law was, and has been, de-
pended on by the executive and legislative
departments of the state government as
revenue measure to bring to the state
excess Of the cost of administering the
law as an inspection law The legislature
of 1915, although eognizant of the facts
and although of the opinion that three
cents per barrel was an adequate inspec-
ton fee failed to change the law. The
fee is charged and collected for revenue
purposes and not merely to defray the
cost of inspection. Therefore that por-
ton of section 8, fixing the fee at ten cents
per barrel an inspection fee is void.
Section l of article IL of the constitution,
recurring a uniform and equal rate of
assessment and taxation forbids collection
provision Of law authorizes collection of
the fee.
All the Justices concurrfng.
Attest: D. A. VALENTINE,
TSeal.I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19

No. 19,SS7
Ross B. Broadhead and Lee Rhodes, Appel
lees,
VS..
The Atehison. Topeka and Santa Fe Rail-
way Company, Appellant.
Appeal from Douglas County.
REVERSED.
Syllabus. By the Court West ].
1. In an action for damages to a ship
ing after they were loaded and by IN
loading in transit in yards which had
been ordered quarantined by the Bureau
of Animal Industry so that such cattle
had to be kept there several days and dis
infected, evidence was offered for the
purpose of showing that the following
K. T. & s. F. yards wayoka infected
scabies account Elwood cattle. Quaran-
tine until disinfected. Bureau Super
vision Signed Allan
required only the quarantining of certain
portions of such yards in which infected
cattle had been recently handled, which
evidence was rejected. Held. that such
ruling was proper
2. The shipping contract provided that
should be given TO some officer of the com
pany or to the nearest station agent before
the stock should be removed from the
destination place of delivery and before
it had been slaughtered or intermin ged
with other stock. The cattle were kept at
the quarantine yards seven days and there
dipped by the servants of the defendant
under the supervision of the Bureau of
Animal Industry No claim was made for
damages caused after the shipment left
the yards. Held, under such circum-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
D. A. VALENTINE,
Clerk Supreme Court.

No 1s,S03
The Atchison. Topeka and Santa Fe Rail-
way Company, Appellant,
The Board of County Commissioners Of the
County of Cowely, ct al, Appellees.
Appeal from Cowley County.
AFFIRMED.
Syllabus. BY the Court. Johnston c. J.
Chapter 400 of the Laws of 1907 which
provides for the levy of taxes for the cur
rent expenses of the different counties of
the state and classifies them according to
the valuations of taxable property therein,
and creating a class Of counties in which
the population is great and the valuations
of taxable property are small, cannot be
held to be invalid on the grounds that the
classifications are unreasonable, without a
substantial basis or not germane to the
purposes Of the act.
All the Justices concufring.
true copy.
Attest: d. A. VALENTINE,
lSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
LEGAL.

stances written notice was not required as
to damages then apparent but in order
to recover for damages caused but
thereafter developing notice was required
unless waived.
B. The allegations, proof and instruc-
tiens involved two grounds of damage.
delay at Argentine and the treatment re-
ceived at Waynoka. The defendant re-
quested that the jury be required to state.
If they found the defendant negligent, in
what respect or respects they considered
It negligent which request was refused.
He'd. error
Johnston, C. J., Burch, J., Mason. J.,
Porter, J., Marshall, J., and Dawson. J.,
eoncurring.
West, J., dissenting.
A true copy.
Attest: D. A VALENTINE
tSeal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
No. 1901.
The City of lola, Appellee
The Missouri Pacific Railway Company
Appellant
AnDeal from Allen County

The Missouri Pacific Railway company
Appellant.
ADpeal from Allen County.
AFFIRMED
c.-fIohue Nv the Court. Johnston, = j.
l. Under its common law duty d raIoSaS y
company which constructs its ROAD acEo ,'s's
hy some reasonably safe ana convenient
means 10 its former condition. .-..
Under the statute which requires
railway company that builds its roau Over Yer
t-+st or highway to restore 1t TO lts
former state. or to such a state s ~ 80 ~ :,
not necessarily impaired its user a, =
r,5tvav cOmpauy which constructs ran
,c,,J over "A street of a city Is hound not
only 10 make a suitable crossing. put 20
uiaintaln the same as long as II commune n
10 occupy the street ana 10 that emu, ~
,,,a,. nc REQUIRED to build and MAINTAIN
bridge AT the crossing OF a highway u SUI ~
a structure is rendered necessary ny Inc
cof,struction of the railroad.
When a railway company IS gwen
permission to build its road along street
of "a city upon the condition tnal the 49,
many will construct ana Maintain sui.aD ttI
iirossings at nil points of Intersection Win
other streets. it Is the duty OF the company
which builds along that street anu over
Others. to make crossings appropriate 70
fbe situation at the points of intersection !
and where the company IN the course li So 81
constructing its road dlVerts sLlttIl 10. 49, IN
from its natural channel INTO an ~ tlILelaI
ONO along the side of its track ana acIOSs
m street using the earth obtained IN ulg
f-inr the channel to make an emDankIneht
or grade for It's road, and the rallroad ana
rhonnci 80 made render the construction OF
"a bridge over q street across Whlch tne
railroad is built necessary Tor the surety
and convenience of those using the street.
A. il Incumbent upon the railway company
10 construct and maintain SUCH bridge or
other structure. and when reasonably
necessary. TO rebuild ana replace 1t Win d
XII the Justices concurring.
sttrst. D. A VALENTINE.
iS..l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
Josephus Minor. Appellee.

Josephus Minor. Appellee.
The Atehison Topeka and Santa Fe Rail-
way Company, Appellant
Appeal from Ford County,
AFFIRMED.
Syllabus. BY the Court. Johnston G I
l. In an action to recover damages from
a railway company for negiigentIy causing
the burning of barn in the operation OF
its railroad, the testimony tended to show
that IL was not an impossibility for ignit-
Ing sparks and cinders to be carried by a
high wind a distance of eight hundred feet
from locomotive and there set fire to
dry and tnflammable material, and it il
held that the evidence submitted herein was
sufficient to support the verdict Of the jury
that the property was set fire and
destroyed through the negligence OF the
defendant.
2. The admission Of testimony which il
not competent for one purpose but is adj
missible on another phase of the case il
not ground for reversal where the court
expressly limits the application Of the
testimony to the issue upon which It is
competent.
3. Special findings of the jury which
are challenged are held to be supported
by the evidence In the case
All the Justices concurring.
true copy.
Attest; ID. A. VALENTINE.
lSealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
No. 1920.
J. c. Collins. Appellant,
VS..
John Morris. Appellee.

John Morris, Appellee.
Appeal from Miami County
REVERSED.
Syllabus. by the Court Porter J.
L. The purpose of motion for a new
trial is to inform the trial court what errors
are relied upon in order that the court
may. by granting new trial, correct any
2. "OnIy such matters as were consider
ed by the trial court are open to review
IN the suPreme. court" Brock V. Corbin.
3. Following Washbon V. Bank, SO Kan.
4es. 121 Pac. 515, it is held. where no COM
plant Of the admission Of evidence over
plaintiffs objection was made in the mo-
ton for new trial, the question can not
be raised in this court.
>. 1t Is not TOT the Wrongdoer who
causes an injury to decide whether an
owner should have used his land for
particular purpose nor the use TO which
1t can most profitably be employer
Darker v. Railway Co., 81 Kan. 81, g. 145
Pac- S29.)
). In an action under section 1902 Of the
recover treble damages for the destruction
Of trees where plaintiff has elected to re-
cover the distinct value of the trees. which
the evidence shows can be determined In
dependent of the land, and has offered no
evidence Of the value of the land before
and after the trees were destroyed II is
error to admit over plaintiffs objections
proof that the land would sell for as much
or more for forming purposes without the
g. While it is not the province of this
court to weigh the evidence. it may deter
mine that there is or is not sufficient evi-
dence 20 support the verdict; and in this
case the court determines the verdict is
contrary to the evidence and therefore the
judgment is reversed.
Z. Certain expressions in the opinion In
the case of Railway Co. V. LycaD, 81 Kan.
635 AZ Pae. 526. are held to be ob.ter and
are disapproved.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19

homa. The business was failure and was
closed out by the plaintiff as manager with
the consent of the other partners Two
years and three months later, plaintiff
collected a claim against a railway com
pany for the loss Of goods shipped by him
to the other partners upon closing out
the partnership business Plaintiff Fe'-
uatariiy placed the sum collected to the
credit Of the defunct partnership Held.
that such voluntary payment did not In.
terrHpt the running of the statute of
limitations in plaintiffs own favor.
All the justices concurring-
a true copy.
Attest D. A. VALENTINE.
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-19
No. 1888.
Thomas A. Frazier. Appellee.


Thomas A. Frazier Appellee.
The Missouri Pacific Railway Company.
Appellant.
Appeal from Sedgwick County.
REVERSED.
Syllabus BY the Court. Marshall J.
l. The Plaintiff was injured by the de-
fendant's negligence While yet under the
influence of anaesthetics he settled his
claim for damages. Afterward he wrote a
letter to the defendants superintendent
ratfying the settlement and asking for a
position ON the road. The evidence show
ed that thi2 letter was written at the sug-
geston and in the presence Of a special
agent OF the defendant and was delivered
TO him; that he gave the letter to the
superintendent, who referred il to the claim
agent that made the settlement, and en-
deavored TO find Il position for the plaintiff
but when This action was commenced had
not succeeded. This evidence was not
sufficient to warrant the court in sub
hitting to the jury the question of fraud
10 procuring the letter to be written.
2 letter containing this language. "I
would like some kind of position with your
company. as l settled fairly with the COM
pnny and Without any trouble vOluntar-
fy written after recovery from injuries
sustained and with full knowledge of all
circumstances. is a ratification Of the set
Element therein mentioned.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE
| lSeai.l Clerk Supreme Court