davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 2O.2S4.
Abram Tarin, Appellee,

vs.
The AtchfsOn, Topeka and Santa Fe Rail-
way Company, Appellant
Appeal from Sedgwick County.
Division No. ,.
AFFIRMED
Syllabus. BY the Court. West, 7.
l. In this state. railroad company is
required to use ordinary care to provide for
its track layers simple tools like sledge
hammers free from defect.
2 The testimony showed that the ham,
mer which caused the plaintiffs injury was
so battered and misshapen as necessarily
to have required some considerable con-
tinued use to bring about such condition.
There was evidence of repeated complaints
and promises to furnish proper tools.
Held, that the general verdict should not be
set aside and Judgment entered on the spe-
cial findings because the jury in answer to
a question to how long the defect had
existed replied no evidence as to how long
face defective.
3. Rule followed that the findings
should not control the general verdict I'M
less the inconsistency between the two
compel such result.
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, 1916-07-12
NOTICE OF APPLICATION OF BUSI
NESS COLLEGE FOR A PERMIT To
CANVASS IN THE STATE

Notice is hereby given that :he Man
haitian Business College of Manhattan.
Kansas, has made application to for a
permit TO canvass In the state of Kansas
for the purpose of selling tuition in at;-
vance. or te contract, or to secure notes for
tuition from students before their regis
tration in the business college herein
named. II satisfactory proof IL furnished
that the above named business college is
incompetent to FURNISH such a course OF
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
w A N T S
AND MISCELLANEOUS ADS

ADVERTISING RATES: Tie rate for
inserting Want Ads in The Topeka state
journal is one cent a WORD each Insertion.
minimum IL cents: by the week D cents
word. minimum 80 cents.
COUNT THE WORDS of you. Ad In
GLIDING four words for State Journal ad-
dress when such address is used; count
each initial letter and each number or
m5ina ton of figures AS one word
CLOSING HOUR: Want Ads to be
classified properly must be in The state
journal office before II 20 o'clock want
ads received after II 20 till rs p. IN. viii
be inserted under the head: Too Late 10
Classify"
OUT OF TOWN advertisements must BE-
accompanied with cash or check in full
payment for the same. Note the foreRo-
ing Instructions about counting the words
and the rate per word for The Topeka
State Journal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
LEGAL.

lieved from the evidence that the mental
faculties of the deceased were so 90
seured and deranged that he did not UNI
derstand that the firing of said shot was
likely to, or would result In his death,
his act was in the nature OF an ACCIDENT
and the plaintiff would be entitled TO re-
cover notwithstanding the provisions oi
the certificate, is erroneous.
a. Because 1t excludes all consideration
of the intention with which the act WIS
committed, and includes within the deIi-
milton of accident" an act of seif-de-
struction, which If committed by n sane
person with intent to take his life, womb
be suicide.
b. Because there was no evidence upon
which the instruction could be based.
=. 1t is held that the finding OF the
jury that the pistol was discharged ac-
cidentaliy and Internationally, is contrary
to the undisputed facts shown by the
evidence.
g. In this case it is held that as the
unmistakable extrinsic evidence OF de,
ceased's intention to take his own life ana
the other known facts, are inconsistent
with the theory of accidental death, or
that deceased did not understand the nat
urai result of his acts, the case Is con-
trolled by the decision in Hart VS.. Modern
Woodmen, 60 Kan. SIS, ~ Am. st. Rep,
3SO,57 Pac. 936, and therefore the clause In
the certificate limiting liability in case
of suicide, sane or insane, prevents
recovery.
All the Justices concurring.
true copy.
Attest: D. A. NALEIlNE,
ISeal.l Clerk supreme court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
wANTED-FEMALE HELP.

out of city, $40 month. board. room. laun-
dry and transportation, steady position by
the year; different kinds of hospital help
wanted: % dining room and lunch counter
girls for Topeka and many other towns
good wages, steady work; women cooks :;
girls for private families; chamber maids;
women for hotel laundry, S25 mo-. r. & r.
Furman Employment Office, S11 Kansas
afe.
ANY intelligent person may earn steady
income corresponding for newspapers
Experience Unnecessary. Address Press
Corresponding Bureau, Washington. u. G.
ing department. Mutual Laundry.
WANTED-An assistant cook. Christs
hospital. Phone $500.
WANTED-Starched U. V. Laundry.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 2O,27O.
Calvin Hayes, Appellant,

Calvin Hayes, Appellant,
The Mutual Benefit Life Insurance Com
pany, and Mary c. Foster, Appellees.
Appeal from Shawnee County
(Div. IL
AFFIRMED.
Syllabus. BY the Court. West J.
Plaintiff alleged that certain applica-
ton and n certain policy of insurance had
been wrongfully changed, and sought to
enforce them as they were alleged to have
first been worded. The defendant alleged
the execution of such instruments as shown
by copies attached. The reply WAS not
verified. Held, that under section 40 of
the Civil Code such copies must be taken
as true and that the defendant was entitled
to judgment on the pleadings.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeal.] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 2O,27S.
Frank Wood, Appellee,

Frank Wood, Appellee,
VS..
Sarah A. Brown ct al, Appellants.
Appeal from Bourbon County.
AFFIRMED.
Syllabus. By the Court Burch J.
Section 2 of chapter 175 of the Laws Of
1911, permitting an owner of land to drain
the same In the course of natural drainage
by constructing open or closed drains
whereby water will be carried into some
natural watercourse, uses the term water
course according to its previously accepted
meaning which excluded depressions lack
Ing the characteristic of a distinct channel
cut In the soil by running water and hav-
ing bed and banks discernible by casual
glance.
All the Justices concurring
true copy.
Attest: D. A VALENTINE
(Scal.j Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12

No. 20,641.-
In re Mary A. Brown, Petitioner.
Original Proceeding i'll Habeas Corpus for
the Custody of Child.
JUDGEMENT FOR PETITIONER.
Syllabus. by the Court. Mason, y.
l. The right of mother to the custody
of her child is not impaired by an order of
the probate court appointing a guardian
Notwithstanding a recital therein that the
guardianship extends to the person as well
as the property, where no issue concerning
the mothers fitness in that regard was
actually presented determined in the
proceeding in which such appointment was
made.
q The evidence held not to require de-
priving n mother of the custody OF her
chield.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE.
tSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
LEGAL.

moral surroundings of the Institution are
not good or that the premises are kept
in an unhealthy condition or If the
agents OF said Institution use misrepre-
sentative or fraudulent methods in Sc
curing contracts, notes or cash from pros
pective students, in such case IL permit
will not be granted to such business col
lege.
W. d. ROSS,
Stnfe Superintendent
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 202I2
The Kansas Flour Mills Co., Appellee,


A. NJ. Brandt, Appellant
Appeal from Greenwood County.
AFFIRMED
Syllabus. BY the Court. Marshall, J.
Where one sells wheat in August and
agrees to deliver the same September 18th
any time during the month of Septen-
Der before the 18th, and on September 9th
notifies the purchaser that he will not de-
liver the wheat, the purchaser may go on
the market at the place of delivery
September 9th and purchase the amount IT
wheat contracted for and recover from
the seller the difference between the con-
tract price and that paid.
Ali tie Justices concurring.
A true copy
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
u. A. VALENTINE.
Clerk Supreme Court.
No. 2O.2S9.

No. 202S9.
The Kansas Flour Mills Company, Appel
liant.
The American Surety Company of New
York. Appellee.
Appeal from Sedgwick County.
Second Division.
AFFIRMED.
Syllabus. BY the Court. Burch, J
A surrey bond indemnifying a principal
against loss sustained by any act or acts
of fraud, dishonesty. forgery. theft. embez-
element, wrongful abstraction or misappli-
cation" on the part of an agent does not ex-
tend to a loss occasioned by simple mis-
take of the agent made without fraud in
paying for merchandise which he had au-
thority to buy.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
[Seal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 2O.2I6.
A. B. Bloom snd Geo. NJ. Bowen, Appellees,


A. B. Bloom snd Geo. NJ Bowen, Appellees,
Z. L. Rugh, ct al, Appellants.
Appeal from Labette County.
REVERSED.
Syllabus By the Court. Dawson. ].
l. Rule followed that right of for
fixture must be promptly asserted or It
will be treated as waived.
2. An oil and gas lease for term of
one year and as long thereafter gas
and oil might be found in paying guam
titles contained clause:
Second party agrees to commence well
80 days from the date hereof, and in case
of failure to do so this lease shall become
effect whatever, unless the Lessee shall
pay for the delay at the rate of One Dollar
Psg he per s 1nt %e
menced within the time agreed but the
lessor did not assert her right Of for
at which time she made a second lease to
other parties in which 1T was stipulated
all action that may be brought from for
mer lease" Held that the failure of lessor
to assert her right of forfeiture promptly
and unequivocally the first default
waived that right, and the first lease was
not void for uncertainty to the timo
when rent should be paid If the well was
of rent at any reasonable time on de.
mand would be sufficient to avoid the for
Kan KAN 1oe i5o Pae. 51s. ''n ~ ~
3. In such lease. time of payment of
rent is not of the essence of the contract
and payment at any reasonable time or
upon reasonable demand would be suffi-
cient to avoid forfeiture. (Smith VS..
Steele 90 Kan. JOG, $50 Pac. 510.)
4. Evidence of the lessor as to nm oral
agreement made at the time the written
lease was executed that she was to get
rent in 90 days II the well was not COM
menced is not sufficient to support an ad-
Indication of forfeiture when the lessee
during the first year and definitely fixed
term OF the lease put down n well pro-
ducing two million feet of gas per day and
when the lessons rights can otherwise be
adequately protected.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
NEUTRALITY-SUSPICIOUS..

WANTED-Brick, stone, cistern and &C.
ment work. Prices reasonable. Phone
21S1 N-3
WEAVING. Rugs. pillows, portieres, car
pets Rugs for sale. 221 Lake. 229S White.
GOOD milk cows fat cattle ana veal calves
W. c. A. Leitzow. Tel. 257.
CARPET and rug weaving. 1880 Garfield
Phone 25SS Blue.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
Office of the City Clerk,
Topeka, Kansas. July 10. 1916.
l. ISf.IS L 1,InN NOTICE.

Topeka, Kansas. July 10. 1916
REPRESENTATION NOTICE.
OFFICE OPEN UNTIL 10 O'CLOCK T. NJ.
Notice is hereby given that the books
for the registration of voters for the City
of Topeka, Kansas, will be closed Friday.
July 81, 1916, at 10 o'clock D. M, and
will not be open for registration until
after the Primary election to be held oE
Tuesday. August 1. 1916
From Wednesday, July u, until Friday,
July 81. 1916, inclusive. registration r:ln
be made at the Registration office of the
City Clerk. first floor City Hall, adjoining
main entrance to the Auditorium from s
o'clock a. m. until 10 o'clock p. m, in
Guiding the meal hours.
ETA NJ CQVELL,
(Seal) City Clerk.
published in the Topeka StaSe Journal
June 10, 1916)
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
POLITICAL ANNOUNCEMENT.

H. w. EULER, Republican candidate for
judge of court of Topeka. Qualified. 81
years practice of law: y years resident
of Topeka. Married. Wife, five children.
lie needs job. Taxpayer. Working for
the other fellow for thirty years. He is
the right man. Give him your vote.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
d. A. VALENTINE,
Clerk Supreme Court

No. 20,004.
The State of Kansas, ex REL, S. NJ. Brew
ster, Attorney General, Plaintiff.
J. T. Botkin, Secretary of State. Defendant.
Original Proceeding in Mandamus.
WRIT ALLOWED.
Syllabus BY the Court Marshall. J.
By section of chapter 204 of the Session
Laws of 1915 the provisions of article of
chapter Sc of the General Statutes of 1909,
are made applicable to primary elections
held under the laws of the state.
All the Justices cOncurrlng.
A true copy.
Attest: d. A VALENTINE,
TSealT Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
Legal
Legal
published in The Topeka State Journal.
July II, 1851
SUPREME COURT SYLLABI
No. 2012S.
Fidelity & Deposit Company of Maryland,
Appellee,
Callahan Brothers, Incorporated, Appel
liant.
Appeal from Wyandotte County.

Callahan Brothers. incorporated, Appel
Appeal from Wyandotte County.
division L.
AFFIkMED
Syllabus. BY the Court Porter, j.
l. surety bond for the faithful per-
Torrance of contract with drainage dis
Gen. Stat 1909, was furnished by casualty
company under a contract by which the
principal agreed to pay annual premium
each year in advance The contract re-
quired three years for its completion. The
principal refused to pay the premium for
the third year on the ground that he had
made an arrangement with the board of
directors of the drainage district, by which
the board cancelled the bond and released
lease and cancellati ton of the bond furnished
no defense to the action to recover the
stipulated premium, because,
a. The contract right of the surety to
collect the premium could not be affected
by agreement between the board and
the contractor to which the surety was not
u party.
b. AS the statute required the board to
exact the bond but conferred no power
upon it to cancel the same release the
surety before the completion of the con-
lease was void.
2. There being no uncertainty am
biguity in the contract for the payment of
the premium. evidence of usage custom
of other surety companies In such matters
was properly excluded.
All the Justices concurrine.
true copy.
Attest: d. A. VALENTINE.
| lSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
FOR NEUTRALITY-SUSPICIOUS..

City market will save you money look
at these prices, beets, fresh pulled bas-
ket 25c, peck basket 13c: beans and peas,
. lbs. &c, this week the last chance 20
get peas this season; cabbage lb. lie, all
size heads: potatoes cheaper than any
where in town, free delivery on SOC
ders exclusive of eggs. Plenty of ice
water free. drink on me. Gunter, both 1s
FOR SALEARubber tired single buggy
and delivery wagon Call at 601 East
4th st.
FOR SALE-On account of sickness good
barber shop Terms. 800 E. 4th St,
Topeka.
HOMER pigeons, house and pen. Call
1910 Van Buren,.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 20, 263.
]. S. Hoke, Appellee,

No. 90, 263.
J. s. Hoke, Appellee,
W. H. Williamson. Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus. BY the Court. 3urch. J.
l. Surrender by a tenant must have the
consent of his landlord in order that the
tenant may be discharged from liability to
pay rent.
g Consent of the landlord is not implied
from the mere fact Of a reletting, from
failure to notify the tenant of a reletting.
and notice to the tenant of a relettfng is
not essential in order to prevent surrender
by operation of law.
All the Justices concurring.
true copy.
Attest u. A. VALENTINE.
lSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
D. A. VALENTINE,
Clerk Supreme Court.
No. 20. 2S2
Margaret Farragher, Appellee,

The knights and Ladies of Security, APP
pellant.
Appeal from Labette County
AFFIRMED.
Syllabus. BY the Court Porter, J.
l.. In an action to recover upon ben
eficiary certificate the defense was that
representations in his answers to ques-
tions asked by defendants medical exam
not consulted or been treated by any
physician or surgeon during the previous
five years for any illness. disease or in
jury, and had never undergone any sur
gical operation. Within year previous
he had been circumcised by a physician.
who on later occasions dressed the wound,
and who testified that, in his opinion,
the insured man was in perfect health at
the time. and that the circumcision was
performed for sanitary purposes. There
was proof that the death of the insured
resulted from disease which had
lation to the circumcision, and physicians
and surgeons testified that they did not
regard circumcision operation. De
PENDANTS medical examiner testified that
might not have considered it serious
enough to mention in the application.
Upon these facts and others stated in the
that defendant failed to show the inten-
tiona1 suppression of any fact or circum
stance which deceased naturally supposed
would tend to influence defendant in
passing upon his application. and that
plaintiff is entitled to recover, will not
2. 1t will not do to place an absolutely
literal Interpretation on the provisions
in an application and policy of life in
surance with respect to untruthful
swers There must not be evasion, fraud
or suppression of facts: there must be
absolute good faith In the conduct of the
applicant; but where the evidence shows
there has been no evasion, purpose to
conceal any fact which the applicant
would naturally suppose was contemplate
ed by the questions. and where the com
pany issuing the policy could not have
been prejudiced by the answers. and the
wholly unrelated to the matter aboyt
which the alleged untruthful answers
were given. a defense based upon their
truth cannot avail.
All the justices >loncurring.
true copy.
Attest: ID. A VALENTINE,
lSeaI.l irrH 1ifcIue Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12

No q, 2S5
The Zellner Mercantile Company, Appellee,
The Parlin & Orendorff Plow Co., Appel
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court. Marshall, ].
l. Instructions concerning the liability
of n principal to his agent for commission
have been examined, and found to correctly
state the law.
q Under section 1919 of the General
Statutes of 1909. ii is not violation of the
law for one to appoint a sole agent for the
sale of goods. wares and merchandise in Il
particular community.
3. complaint that evidence was ex-
Guided will not be considered where 1t
appears from tire transcript that the evil
dence admitted and read to the jury.
1. On an examination of the evidence
and instructions. 1t is found that the evil
dence supported the conclusion reached ny
the jury under the Instructions. and that
the instructions correctly stated the law.
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, 1916-07-12
REAL ESTATE TRANSFERS.

w NJ. Shaver to C. B. Shaver and
wife-love and affection. &C. >,
block 1, College Hill addition.
N C. Martin to c. l. Martin, lots
643-5 West street, Martin & Den
mis- subdivision Observation-Disclosures 5O'
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
WANTED TO BUY.

WAITED TO BUY YOUR OLD FEATH-
Err BEDS. Will pay highest prices.
Address R. 6. care Journal
WANTED to buy End hand Ford must
be in good shape and priced right. Ad-
dress B. J., care Journal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
w. d. ROSS,
State Superintendent.
Topeka, Kansas, July II. 1916.

Published in The Topeka State journal.
July Il, 1861
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
d. A. VALENTINE.
Clerk Supreme Court.
No. 20,756.
Andrew Sedlock, Appellee,

AnUfeW
Carr Coal Mining & Manufacturing Com
pany, Appellant.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court Johnston, c. J.
A miner. at the end of his days work,
changed his clothes and still carrying
miners lamp, started towards the bottom
of the shaft with the intention of ascending
to the top of the mine. About two hun
bred feet from the room where he had been
at work and about one-half mile from the
bottom of the shaft. his face came in con-
tact with piece of slate which was hang
ing from the roof of the mine and one of
his eyes WAS destroyed. HELD, that the
injury arose out of and in the course of
his employment within the meaning of the
workmen's compensation act and that I'M
der its provisions he is entitled to com
pensation for the injury.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
d. A. VALENTINE,
Clerk Supreme Court

No 2O.2S6.
The Chamberlain Metal Weather Strip Co.,
Corporation, Appellee,
The Bank of Pleasanton, a Corporation,
Appellant
Appeal from Linn County.
AFFIRMED.
Syllabus. BY the Court Dawson, j.
l. Under the negotiable instruments act.
chapter 80 of the Laws of 1905 General
Statutes 1909. Sec. 52i3. ct seq, an ordinary
bank check is a bill of exchange CGen. Stat.
1909, Sec. 5319) and when it is presented to
and retained by the bank and the account
of the maker is charged Herewith. the
bank is liable to the payee as an acceptor
((ien Stat 1909, Sec. 5315.)
2 Where a debtor has ample funds in
a solvent bank and gives n check thereon
to satisfy his debt. and the check Is made
payable to the order of the creditor, the
bank which receives and retains the check
and charges the drawers account herewith
is liable to the creditor thereon, and by
payment of the check to a third party on
an unauthorized endorsement the bank does
not avoid its liability to the creditor.
3 Where a vital question of fact is in
volved in lawsuit, it is not error for
court to set aside its judgment on the
pleadings and to grant new trial.
All the Justices concurrinS.
A true copy.
Attest: ID. A. NALENTlN f.
[Seal.l Clerk supreme court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
FOR RENT-RooMs.

ONE front housekeeping room, $3.50;
sleeping room, 81; strictly modern with
telephone. 213 East Seventh.
FOR RENT-Lovely modern rooms with
ali conveniences of a desirable home
Phone 800 ]. COZ Buchanan.
-FOUR unfurnlsbed housekeeping rooms
sleeping porch. no children. T23 Quincy
30 AND y29 Kansas ave. unfur.ushsd
s<ont rooms. 2299 Blue.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
BILLIARD AND POCKET TABLES.

- - -
FOR SALE-Billiard tables. new, carrom
and pocket, with complete outfit. 1925 O
second hand tables at reduced prices: bowl
ing alley supplies: easy payments. Cigar
store, drug, delicatesSen and soda fountain
fixtures. THE RKUNSWICK-EA
COLLENDEit CO.. 1329--ai31 Main St. Kan
sas City. Mo-