davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1892.
w. II. Tucker, Appellee,

w H. QtheEp AppellSes
Arthur Tucker, Appellee; Charles s. Eagle,
Intervenor, Appellant
Appeal from Shawnee County.
division No. p
DISMISSED.
Syllabus. By the Court West J.
A Judgment was rendered April H. 1914.
A motion for new trial was filed in time
but was not decided until November IA,
Der 10, 1914, recited that the intervenor
appealed from the judgment and decision
II, 1914" Held. that such notice was too
late and the appeal must be dismissed for
want of Jurisdiction.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaLi Clerk Supreme Court
No. 2O.111.
The Emporia Telephone Company Ap-
pellee,
The Public Utilities Commission of the
state OF Kansas. Appellant.
Appeal from Shawnee County.
division No. -
MODIFIED.
Syllabus. BY the Court Mason J.
l. Findings of fact made by the district
court IN an action against the public utili-
ties commission, respecting the cost of
service examined and held to be supported
2 Under the statute relating to cities of
the second class, providing that the gran
fixed charge as may be prescribed, a re-
quirement that one hundred dollars
month shall be paid by a telephone COM
pany is not so excessive as to Warrant the
interference of a court
8. court, having no power to fix ! rate
to be charged by public utility for serv-
ices to be rendered in the future can not
accomplish that result indirectly by en-
joining Interference with a rate which it
finds to have been unassailable in the past
/. Where a statute fixes the rate to be
charged by a public utility, and forbids
its increase except with the consent of the
utilities commission, in an action brought
to set aside an order of the commission
denying an ,.r1lication for an increase the
court may, II the existing rate is found to
be confiscatory because insufficient to pay
the cost of service, adjudge the part of the
statute fixing such rate TO be imperative
and enjoin the enforcement of the penalties
provided for its violation
8. Where court having Jurisdiction de-
termines that a rate fixed b. the statute
and approved by the utilities commission
is confiscatory, the utility is left free to
operate under such rate as it may estab-
lish until new one has been fixed by
the commission.
All the Justices concurring
a true copy.
Attest; D. A. VALENTINE.
lSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1879.
. Brady. Appellant

VS..
The Farmers Cooperative Creamery &
Supply Company, corporation, APP
pellee.
AppeaI from Morris County
AFFIRMED.
Syllabus BY the Court Dawson, j:
The bills of particulars of plAintlft ana
defendant their written contracts, and
the evidence examined; and no error per
ceived in overruling plaintiffs demurrer
to defendants evidence nor in the Judg-
ment III defendants's favor
All the Justices concurring.
A true copy -
Attest: D A NALEN In T.
TSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1856
Harry Brice, Appellant,
Emma Hawk. Appellee.

Emma HAWK, Appellee.
Appeal from Finpey County.
AFFIRMED.
Syllabus. By the Court Dawson. J
l. Where Il firm of real estate dealers
received q promissory note as their com
mission for services in negotiating land
trade and the maker became dissatisfied
with the trade. and the real estate dealers
and their attorney held conference with
the attorney for the maker to consider a
cancellation of the contract and the sur
render of the note. and the makers at
torney appraised them of the defenses Z,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

No. 1882.
Christian Anschutz,
Frederick Steinwand and Margaret Stein
wand, Appellants, and Henry Ebel, APP
pel1ee, ct al
Appeal from Logan County.
AFFIRMED.
Syllabus BY the Court Mason, ].
Evidence that client authorized his at
torney to bid for him at a sheriffs sale
$500 for a tract of land, subject to a
mortgage of 81, 100 and that the attorney
telegra phed an offer of $500 over the
mortgage warrants district court, in the
exercise of a sound discretion, and to pro-
mote substantial justice, in setting aside a
sale returned as having been made for
s., 400.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No 1872.
Lucinda Elizabeth Rowell, Appellant


Lucinda Elizabeth Rowell, Appellant
Asa B. Rowell, Appellee.
ApDeaI from Osborne county
reversed and demanded.
Syllabus By the Court. Johnston. I. ).
/. The duty and responsibility OF par
euts for the maintenance and education OF
minor children are not altered by the rem
dition of a decree of divorce in when no
nrovision is made for the children and
The obligation of the father therefor is
not cancelled by the fact that the ulVorce
was granted to him because of the fault OF
la such case and where the father
ueglects to provide for the maintenance
ana care of the minor children and leaves
that burden entirely to the mother she Is
entitled to recover from him reasonable
amount for the expenditures she mas maze
in Droviding for their care and support
>; While an independent action may be
maintained by the mother for such relleI
the more appropriate and complete remedy
is nv opeufng the decree of divorce where
i'm an allowance may be made for past as
well as future support of the children
All the Justices concurrtng.
y true copy. -.-,,.-r
Attest: u. A. VALENTINE.
JSenII Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 10, $50.
w. C. Hall. Appellee,

No. 1850.
w c. Hall. Appellee,
The Kansas City Terra Gotta Company,
Appellant.
The Southwest National Bank of Kansas
City, Missouri, Interpleader.
Appeal from Montgomery County
REVERSED.
Syllabus. BY the Court Dawson J.
/. Where a defendant corporation as
tract due and to become due for furnish
ing materials and labor to a building con-
tractor, such assignment is valid as
hands of the building contractor.
>. Such assignment is not a chatteI
mortgage requiring registration to be
valid against the claim of another creditor
proceeding by writ of punishment
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, 1916-01-13

Tho Cherokee & Pittsburg Coal and Mining
Company. Appellee,
Appeal from Crawford county
AFFIRMED.
e,.,, nv the Court Burch. J.
a demurrer to the PLAINTIFFS evidence
was properly sustained on the ground lnat
tiin snprifir negligence charged was not
proved aud on the further ground that no
actiouabIe negligence on the part OF lhe
defendant was established,
All the Justices concurrlng.
tttest d. A. VALENTINE,
ISenl1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13


IContinued from Preceding Page.1
No. 19.S46.
Catherine Lightner, Appellant
The Prudential Insurance Company of
America; Appellee;
Appeal from Wyandotte county,
AFFIRMED.
Syllabus. By the Court Marshall, ).
l. Under the terms of life INSURANCE
policy giving one month-not less than ~
davs-grace in the payment of premiums,
when the last day of grace falls on sunday
the insured has the following day III winch
Forfeiture. for nonpayment of a
premium due on a life insurance Roleyy
Island, Nebraska, and which prohibits the
waiver of any Of its condlssols except "
certain named officers ana pr4Vlalets tF 90.
no agent has power to extend the tlI 49, ~
paving premium or to waive any 1ortei-
ture or to bind the company by nlakihs
any representation. can not be WalNeu ny
st,itemeuts to the insured or to the bene-
ficinry concerning the obligations OF the
company the rights of the insured uluet t
Abilene. Kansas, who had nothing TO 90
with issuing the policy or with receiving
payment of the premiums thereon anu "
whom no premium was PAID -, ,.e.
q In this ease the forfeiture OF the NE
insurance policy was not walVeg ,. 10y t iIe
companys failure to take some affirmative
action declaring such forfeiture. .o,o -,
a. Chapter 212 of the laws OF 19lS mas mas
no application to life insurance Pollcy
issued in Nebraska in 19l2
All the justices concurrlhg.
Attest. D. A. VALENTINE,
TSeaII Clerk Supreme Court.
No. 1876.
Ida MAY Elliott Nellie Elliott, Tiney .;
Ifndsiey.- Chas. NJ. Hoffhine. and LLOYD
Parrack and Fred NJ. Parrack by ChaS'
NJ Hoffhine their next friend Appel
iants
william l. Hoffhine, John T. HotIhlhe'
ollie Y. Wells and Jane Bird, Appellee
AuueaI from Washington county.
AFFIRMED.
SvIobus BY the Court. Porter j.
a father executed and acknoWledge,ul, d
warranty deed conveying farm TO d hl ll'l
son aged 10 years, and told the 4ot ta
10 kecT the deed until he called LOT II Lnae
he was not going to record II. Less tha a.,
fo17i. weeks later during his last lllhess ne H
dirpc.eI his brother and the grantee ~
Get the deed and record it, which they gu t
n few DAVIS afterwaTd and following Lls
deatb During his illness he stated that
he Intended the grantee to have the farm
becg1.sf, he believed his SON. VINO was tils
eldest of the children, would keep tne
family together and pay off an eAlstlns. ~ -,
rnInbrnnce Held. sufficient TO sustain Jun
n finding of the trial court that the ueeu
was delivered.
Au the Justices concurring.
\ true copy. ,r,N-rrro-t-
TSeuI1 Clerk Supreme court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
d. A. VALENTINE,
Clerk Supreme Court.

No. 2O274.
c. c. Beard and Elsie V. Arthur Ap-
pellants,
VS..
The City of Kansas City, Kansas, Appellee
Appeal from Wyandotte District Court
Second Division.
AFFIRMED.
Syllabus. By the Court. West ]
In proceedings under section 1O-1 OF
the General Statutes of 1909, to extend a
street, the report of the appraisers stated
that they appraised ard assessed the ac-
tual value of the land taken without refer
ence to the projected improvement and the
actual damages to all other property there
by. In the column of benefits opposite
the tract of land owned by the plaintiffs
were the figures 300" indicating $500,
while in the column of damages opposite
the tract actually taken was the word
none" Held, that in view of the pre-
sumption and statement that the apprais-
ers acted in accordance with the law 1t
can fairly be deduced from the entire re-
port that they subtracted the value of the
land taken from the benefits to the entire
tract, giving a surplus of $500. amounting
al most to an irregularity which could be
remedied by an appeal taken at the proper
time and hence injunction will not lie.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE.
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
D. A. VALENTINE,
Clerk supreme Court.

No. 19.S2S.
The State Savings Bank of lola Appellant.
Charles Michael, George P. Farmer and
Perry, Fowler; Apgellees-
Appeal from Allen County.
AFFIRMED.
Syllabus By the Court Bureh, J.
A new trial is properly granted when the
court disregardfng pleaded defenses sus-
tanned by evidence, has instructed a YER
dict for the plaintiff.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

No. 20326.
The State of Kansas, Appellant
w NJ. Marks, Appellee.
Appeal from Bourbon County.
AFFIRMED.
Syllabus. By the Court Dawson, J.
The former conviction for Il violation of
the prohibitory law which must be pleaded
in an information charging a felony for
the persistent violation of the prohibitory
law relates to a conviction under the state
law and not to a conviction under a city
ordinance.
All the Justices concurring.
true copy
Attest: D. A VALENTINE.
ISeal-I Clerk Supreme Court
No. 2O2Os
The Topeka Bridge & Iron Company,
Plaintiff,
The Board of County Commissioners of
Labette County. Defendant.
Original Proceedings in Mandamus.
Motion for Judgment the Pleadings
Overruled.
Syllabus BY the Court. Rurch +
The plaintiff contracted with the board
of county commissioners to erect bridge
over stream The contract provided that
the board of county commissioners would
close the site of the bridge against traffic
and would put the plaintiff in possession
of the site for the purpose of building the
bridge. Before the performance the board
of county commissioners undertook to re-
pUdiate the contract the ground of lille
gality. Held. mandamus is proper
remedy.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
MACHINE SHOPS.

wANTEp-Yonr lawn mower to overnaal
and grind. factory process. 81 90. Tel
Howard. 1877. Free delivery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

J. A ROSEN. patent attorney, AIS Kan
sas ave- Topeka. K9-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
MONEY.

MONEY TO LOAN ON ALI, KINDS Oy
Personal PROPERTY.
Horses. cattle, pianos. diamonds, house,
hold goods, libraries typewriters, autos,
carriages. machinery. and TO salaried peo-
pie. r. s. Thomas. $40 Kan. Ave. Tel 292
MONEY TO LOAN on city and farm
property. any amount. low Interest rates
and most liberal terms. Call or write Cor
our plan. w. NJ Forbes a Co
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1885.
The Drovers State Bank, Appellee,


The Drovers State Bank, Appellee,
O. B. Elliott, Appellant.
Appeal from Cloud County.
REVERSED.
Syllabus. By the Court Dawson, J.
Where a customer does business with
bank for a period of years, depositing
notes, checks, accounts and his own prom
issory notes. and checking against the
same his business needs require, and
the bank keeps the only record of this
series of transactions and the customer
makes new notes from time to time as
requested by the bank cashier who made
false and fraudulent representations to the
customer, upon which he relied, and where
the bank charged items against the Gus
toner which he had not drawn and failed
to credit him with deposits made the de-
PENDANT customer in an action by the bank
to recover on notes so given may set up a
cross demand and counterclaim and have
it used to compensate the banks demand
so far they equal each other and the
bar of the statute of limitations to such
counterclaim is specifically removed by
section 102 of the civil code.
All the Justices concurring.
A true copy.
p Attest: D. A. VALENTINE,
lSeal.l Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

PICTURE FRAMING.
FRAMING. regilding. mat mai king. mount
ing done by J. n Sullivan. 122- 12i W. Sth-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
FARM IOANS FOR SAME

We have several farm loans secured by
first mortgage on improved farm lands
In Kansas. mortgages draw per cent
THE CAPITAL MORTGAGE co.
1920 New England Bldg.
THE q. s. MORTGAGE & TRUST co.
Assets, S94 500 600.
Makes loans at very low rates on i'm
proved Topeka property. We pass on
security; money ready; no delay; we
especially solicit building loans
BETTER REALTY & LOAN co.
Topeka Representatives, N. f.. Bldg.
FARM LOANS. 5 and O per cent Nichols
Realty Co. so Kansas ave. Tel 44O.
MONEY TO LOAN on real estate. city
and farm. Rates low.
STATE SAVINGS BANK
W. Cor. 9th an ! Kan. ave
SHORT LOANS on city real estate and
bankable paper. Rosenberg Bond & In
yestment Co. 634 Kansas ave. n Symes
$500 100000 of 5 PER CENT money to loan
ON improved farms. Better Realty q
Loan Co, New England Bldg
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
MOVING.

FENIMORE MOVING AND STORAGE.
moving. 500; large van load: storaRs
81 on mouth expert bar ferS Phone 4241
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
UNDERTAKING.

HAwLEY & STEELE.
Funeral directors and embalmers 113 Ease
9Th ave RS. Eobt- Steele assistant
Phon ~. Day and Night
L. NJ. PENwEIL. funeral director ana
embalmer T. f. Jones. Asst First class
service 5CS-51n Quincy st. Telephone 1872
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
TYPEWRITERS.

ALL MAKES for sale or rent. Best ma
chanical department in the country
CRANE & co.
Topeka. Kan. 10 Years In Business
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

FIRE md auto INSURANCE.. Nichols q
Crouch. sol n. kansas ave. Phone 2061
Omaha daily bee., 1916-12-21
MRS. CHARLES POST
DIES FROM BURNS
Wife of Well Known Dairy
man Succumbs After a
Brave Struggle.
FIVE CHILDREN SURVIVE

Mrs. Alvina Post. 80 years OF age,
wife OF Charles Post, proprietor OF
the West Omaha dairy, died shortly
before noon as the result OF burns
she suffered last Monday in a gaso-
line explosion and fire which de-
stroyed the Post home at SNty-sixth
and Dodge streets. For two days at
the Methodist Episcopal hospital the
injured woman made strong fight
against death, but from the first she
had little chance Of recovery. Funeral
arrangements have not been an
nounced.
Mrs. Post was fatally burned when
a jar of gasoline, which had been
placed in a pan of hot water on the
kitchen stove to be heated. exploded
and sprayed on the stove and her
clothing. Her husband made desper-
ate efforts to save her and he also
suffered painful burns.
Mrs. Post was well known and
popular in Omaha, having been born
here. In addition to her husband and
her mother, Mrs. Nellie Raabie, she
lis survived by five children, Nellie,
8; Clara, e; Henry, 5; Charles, 4, and
Alice, g.
Omaha daily bee., 1916-12-21
Loves Greeting Comes in Bullets;
Dorothy RAIDER Killed by Lover

sixth street, brakeman ior the Bur
lington railroad, was an eyewitness
of the shooting He says:
Fuller got on the car with me at
Sixteenth and Farnam streets. We
both got off at Twenty y-sixth and
Farnam, In alighting from the car
he stepped on my toes and "Nlled
him down. All he did W lie.
| watched him as he <oS, he
street. He approa"' ,SG\, siS' o
was wearing WI NsNN Alling
into her q W word.
fallen and nfted up her head.
| asked her to talk to me. She tried.
but she couldn't talk. | looked up
at the man who shot her and he was
smiling. Somebody ran from a store
and grabbed the murdered from be-
hind and pinioned his arms. But Full
Ter clung to his gun, As automatic,
until he was dragged into the grocery
store. There three men took it away
from him.
Lynch himv somebody yelled as
the crowd surged around the front
door of the store. Fuller heard tlhe
yelling and smiled again. Then the
cops came and took him to the
station
Omaha daily bee., 1916-12-21
Can't Find Reason for Comatose
Condition; Unconscious so Hours

OMAHA in all automobile, saw the
motorcycle wrecked on a bank and
the two men lying in the wreckage.
He got them into his car and
speeded TO the hospital Gatchell
was found to have two broken ribs
and is recover ring,
But Tanner continues TO battle the
physicians. Dr. McDermott stated
that last night, for the first time,
TaIner showed faint signs of return
ing consciousness. Still, no evidence
has been found Of skull fracture,
blood clct. internal bleeding or any
other cause that could explain the
strange case.
He has been given liquii nourish-
ment dur ng the eighty ,urs that he
has already 5een unconscious. What
the doctors will do for him depends
on dis :ov,ry Of what is the cause of
his condition. And, OF course, the
question OF is ultimate recovery de-
pends also on this
Omaha daily bee., 1916-12-21

ish and French censors, who appar-
entity exchanged seized mails. reading
the letters to gain clear insight into
trade relations of citizens of the
United States and South American
countries with Germany Thus is
made possible establishment Of the
blacklist and other measures.
The German Transportation Ga
zette states that these seizures are in
contravention not only of the Inter
national Postal union treaty, which
is valid in war times, but also of the
convention concluded at the second
conference at The Hague, under
which mail bags, private as well as
official, are inviolablc. whether from
neutrals or belligerents and whether
found on board neutral or belligerent
ships. If such mails are conhscated
the convention provides they must
be forwarded without delay"
Omaha daily bee., 1916-12-21
SPECULATORS JUST
AS BAD AS HAIL FOR
COUNTRY'S WHEAT
Chamberlain of South Dakota
Talks to Members of Society
of Equity Union, Now in .
Convention Here.
AGAINST BIG PROFITS
Blames Members Of 0rganiza-
tion for Permitting Manipu-
lation to Be Carried on.
DO TOO MUCH sooLDING

Speculation, or the making OF I'M
reasonable profits from wheat crops
is as bad as a hailstorm which de-
stroys one-third OF the crop. This
was the substance of an illustration
given the 400 delegates to the sixtl,
annual convention OF the National
Society of Equity-Union last night
by A. Z. Chamberlain, service COM
missioner of the Dakota Farmer,
Aberdeen, S. d.
Mr.. Chamberlain repeated what he
had said to lot OF business men and
bankers in Minneapolis, that if hail
storm should strike the wheat fields
and destroy one-third of the crop, the
bankers would review their loans in
the affected district and seek to re-
duce them and wholesalers would cur
tail their credits in the stricken dis
trict.
Same Result Reached.
But, he continued, in apostrophe to
the bankers and business men, "thc
hail did not come, but you sat idly
by and let exactly the same result be
reached by manipulation, or, 10 be
kind about it, speculation by a few
people i'll the product of the farms
which make your business if you have
any. And you did it, not out of malice,
but thoughtlessness. You did not ap-
preciate the fate that from the time
the threshing machine began to hum
until in the month of January, hail in
the form Of speculation, or unreason-
able profits made by few, was taking
from every wagonful of wheat headed
for Minneapolis more than one-third
OF its value.
"The trouble with a great deal OF
our work to promote better market
ing facilities is, as view it, that we
scold too much. We have not gone at
it from business standpoint Instead
OF going to the business world and
showing business men that VIC are not
working against them; that our slogan
of better marketing facilities means
more money to be spent in legitimate
buscnss by the many; instead of vast
sums to be boarded by the few; that
our work is purely constructive; that
we are not trying to destroy man
because he has done that which
human nature dictates in practically
---------
Omaha daily bee., 1916-12-21
Entente Nations Seize III 900
Bags of Mail Within Ten Months

Berlin, Dec. 20.-(By Wireless to
Sayville. From December, 1915,
until the last Of September, 1916 the
British and French naval authorities
seized 24,200 mail bags from Germany
and 10000 bound for Germany" says
the Overseas News agency. "Of
those from Germany l7.ll0 bags Of
mail were bound for the United States
and 6225 were bound for South Amer
ica or Spain. OF the mail bags on
the way to Germany 1887 were from
the United States and 2,438 from
South America or Spain. The remain
ing bags were in transit between Ger
many and Dutch ports.
III is shown by signs inscribed on
the few letters which were released
and forwarded to Germany that the
letters seized were read by both Brit