davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. q, 037.
The State of Kansas, ex rel. j. s. AmicKs
as County Attorney, etc., Plaintiff.
VS..
w. j. Francisco, as Mayor, and W. W.
Hollyfield ct al, as Commissioners of the
City of Lawrence, Defendants.
Original Proceeding in Mandamus.
Writ Allowed.
Syllabus. By the Court. Marshall, =.
L. Section Of chapter 124 of the Laws
Of 1913 does not repeal chapter 101 Of the
Laws of 1905 as amended, except in SO far
as the provisions of the law of 1905 az
amended are in conflict with the provis-
ions of chapter 124 of the laws of 1913,
2 An election held under chapter 101
of the Laws of 1905 as amended, is not
vitfated because the polling places were
held open from seven o'clock in the morn
ing until seven O'Clock In the evening.
s. The state may maintain mandamus to
compel city officers to issue bonds which
have been voted for the purchase Of
waterworks plant.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
tSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 2O,36T.
Anna E. Higley, Appellee,

No. 2O,36T.
Anna Z. Higley, Appellee,
Mary Doege, Appellant.
Appeal from Leavenworth County
MODIFIED AND REMANDED.
Syllabus. By the Court Porter J.
l. In an action to recover 500 alleged
to be due as the purchase price of a player
piano plaintiff testified that defendant was
to pay $3.50 when the instrument was de-
livered and that plaintiff was to take de-
fendants old piano in payment of the bal
ance. An instruction which charged that
if defendant failed to pay the $3.50 at the
time of delivery, plaintiff was thereby re-
Heved from all obligation to accept the old
plano and could recover judgment for 500,
was error.
.. In view of all the circumstances it is
held that the judgment in plaintiffs favor
for 500 and interest, should be modified
and judgment given in her favor for $3.50
with interest and the right to the posses
sion and ownership of the old piano, or in
case it can not be delivered to her, to
Judgment in addition for its value at the
time of the sale.
All the Justices concurring.
A true copy.
Attest: d. A VALETINE,
ISeal.1 Clerk Supreme Courts
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 20,669
The State of Kansas, Appellant,
Midland Aerie No 412, Fraternal Order of
Eagles, Appellee.
No. 2O,67O.
The State of Kansas, Appellant,
Caney Aerie No 1000, Fraternal Order of
Eagles, Appellee.
No. 20,671.
The State of Kansas, Appellant,
VS..
Independence Lodge, No $50, B. P. o. E.,
Appellee
No. 20,672.
The State of Kansas, Appellant,
B. P. o. E., No. 1915, Caney, Kansas ct al,
Appellees.
Appeals from Montgomery County.
AFFIRMED.
syllabus. By the Court Dawson, J.
Where fraternal organization periodi-
cally permits intoxicating liquors to be
brought upon its premises and permits its
members to gather thereat for the purpose
Of drinking such liquors, its premises
thereby becomes nuisance which may be
en1olned and abated; but where the off
GERS and members of such organization are
to quit such practices under threat of
prosecution and they do quit in apparent
good faith and remove all liquor parapher-
MALTA from their premises, the lodge and
Its property cannot be subjected to an in
junction as an existing nuisance in a suit
commenced after the offensive practices
have been definitely and permanently
abandoned
All the Justices concurring.
A true copy.
Attest; d. A VALENTINE.
lSeal.I Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

THOS. ]. MYERS. broker Columbian Rldg
Investment. securities. railroad and gov
eminent bonds. grain and copper stocks:
mortgages bought. sold and placed
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
SmAWNEE INVESTMENT CO
FOR sALE-AUTOMOBnEs.

BATTERIES repaired and recharged.
Eeele Electric Co. 706 Jackson. Phone
1870. willard Service Station"
FOR SALE-Haynes 5-passenger automo-
bile in first class condition SIS Tyler.
Phone 1884.
MAXWELL roadster, 1916, fine shape, at a
bargain. Chas. Wierenga. $50 Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No 20,3S7.
The Southern Surety Company, Appellant,
VS..
R. L. Hudson, and The Board of Education
of Arkansas City, Appellees.
Appeal from Cowley County.
AFFIR NED
Syllabus. Ply the Court. Mason, J.
A contract entered into by board Of ed
ucation for building schoo1house required
the contractor to give a bond for its faith
full performance, and also a bond for in
demnity against mechanics liens in accord
ance with the statute. The same surety
company executed both bonds. That for
faithful performance made liability there
under contingent upon certain conditions
which were not referred to in the other
bond. Several lien statements were filed.
The surety company procured assignments
from the claimants and sued to enforce the
liens on the ground that the conditions re-
ferred to had not been complied with. Held,
that as the statute provides that no lien
shall attach where a bond such as it de-
scribes is given for the payment of claims
that might be a basis of liens, the giving
of such bond prevented a lien from at
taching, irrespective of any failure of the
board to comply with the terms of the
other bond.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
FOR Observation-Disclosures

FOR SALE-Twin cylinder Indian motor
cycle. fine condition, cheap. Call at Col
East 4th st
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 20,1S7.
J. o. Simmons, Revived in the name 8
w. J. Metcalf as Administrator with IL
Win Annexed, etc, Appellant,
vs. 4
Effie Shafer and Ivan Shafer, Appellee1
Appeal from Neosho County. Z
AFFIRMED. y
Syllabus. By the Court. Johnston, c.
Where 4 deed to land was made for q,
expressed money consideration but the RED
consideration was an agreement by tN
grantee to provide for the care and maintS
nance of the grantor, who was abou
seventy years of age, during the remainde
of his life, and where such care and main
tenance were provided by the grantee 70
a number of years and until he died an
where after the death of the grantee hi
widow and the grantor were unable to liz
tremendously together, whereupon she ID
clined to stay longer in the home with htr
but did offer to pay for his care an
maintenance furnished by others, 1t
held, in an action brought by the grant6
to cancel the deed, that although there 1
power in the court to cancel a conveyanc
for a substantial breach of an agreemen
to support the grantor where that is th
most effective remedy, a partial non-cof<
pliance with the agreement does not necet
sarily require a cancellation Of the deed
and held further, that the judgment herer
which made the future care and support
the grantor charge upon the land is d
appropriate remedy and not inequalities
All the Justices concurring. :
A true copy. I
Attest: d. A. VALENTINE, =
lSeal.] Clerk Supreme Court .
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
LEGAL,
LEGAL,
Published in The Topeka State journal
October IL, 1851
SUPREME COURT SYLLABI

No. 20,G9S.
The State of Kansas Appellee,
Neil Powell, Appellant.
Appeal from Decatur County.
AFFIRMED.
Syllabus. By the Court. Burch. j.
Assignments of error relating to the in
PRODUCTION of evidence misconduct of
juror, misconduct of counsel. an instruction
to the jury, and the overrulfng of the mo-
ton for a new trial examined and held to
be without merit.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
[Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,745.
William Schaake, ct al, Appellants,

NO. ZU,l40
William Schaake, ct al, Appellants,
Gus Fl. Bruno ct al, as The Board of
County Commissioners of the County at
Douglas, and The Missouri Valley Bridge
G Iron Company, Appellees. n 49,.
Appeal from Douglas County.
AFFIRMED.
Syllabus By the Court. Marshall, 4
1. When building a county bridge, D
board Of county commissioners is author
railroad tracks to be used in Transporting
street railway, interurban. and RAILROAD
cars.
3 Under Chapter II of the Laws of 19fx
a board of county commissioners may
build a bridge costing more than $200,000
where interested parties contribute to the
expense of its construction that thu,
total amount to be collected by taxation
is reduced to 100000 -
All the Justices concurring. =
A true copy. -
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court 81
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
NOR SALE-LIVE STOCK.

FOR SALE-A good 1900 10. work horse
harness and light delivery wagon Price
$50. Topeka Tent and Awning Co. Sol
Kansas ave. Phone 612
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
FLORISTS.
EAYES FLOWER SRlOP

for fresh flowers. weddings and funeral,
speciality. Our stock always fresh
Grown In our own greenhouses. $40 Kan
saS ave. Phone ri
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

First published In The Topeka Sta,
Journal. September 8. 1851 :
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

FOR SALE-HOUSEHOL GOOD.
49,
FOR e4L--Round dinner table kitchen
coal range. 1913 w. 9th.
FOR SALE-Furniture. stoves and cornet
$40 W. 9th ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

FOR SALE-MISCETLA
i6s2 HASTT IffT01 EXP mss
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

WALLPAPER Sc a roll ana up Chas. X
Adds. 500 W. 10th. Phone 1854
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

D. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
UNDERTAKING.

L. NJ. PENWELL. funeral director and
embalmer- First class service 5OS-s1O
Quincy st. Telephone 1872.
c. r. HAWLEY & co. undertnkers- en-
balming lis Fast Sth Ave Phone oS7.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22
CHRISTMAS.

(Will Bolger in Waco Times. Herald
A few days more and he season of
good cheer, the Christmas time, will
be upon us; time of rejoicing and
wishing well to fellow creatures: a
time when loving charity swells the
heart and directs the brain to do, and
In the doing Of deeds of kindness that
stand out boldly as proof of the divine
influence and loving direction of one
who is father to all.
To those who would consider them.
selves ofshigh estate He would say.
Think not Of thyself too highly; IL
thou hast received OF the blessings of
life In abundance. let me beseech
thee forget not thy brother who Is
more unfortunate; II thou wouldst add
to thine pleasures. tighten his burdens
and loosen his yoke, and even as the
sight Of relief and notes Of thankful.
ness escape his lips brighter lights of
unknown Joy burst into blaze upon
thy highway which casteth ray
through and beyond thine earthly ex.
istence, and showeth thee somewhat
OF the grandeur OF the heights and the
beauty OF the scenery OF the immortal
country. where earthly standards and
unkind distinctions art known no
more forever"
While to those who bear the bur.
dens. and whose limited opportunities
have permitted them to live only with.
In the narrow scope Of their vision.
occasioned by environments the walls
OF which they could not scale nor their
thickness penetrate, We think we can
hear the benIgnant voice OF Him who
Notes the sparrow's fall" as lie
says. Let love abide IN thine hearts.
receive at the hands OF thine ADLER
brethren those temporal blessings
which make for earthly comfort. and
may thine hearts be softened. and
may there abide therein only love and
good feeling. for II thine hearts are
clean. none canst be OF higher value
among mine earthly family" Cast
out all bitterness. therefore. ana make
preparation to finally come together
in one great family circle. where dir
ferences. whether or class. condition
or creed. will have been forgotten in
an attainment Of consummate bliss.
when "all shall be gathered within the
Elysium portals OF mine higher Clio
RES"
The sound o. the bells are almost
within our ears. out minds should be
electrified by the music OF their VI
brating pcals. and our hearts beat
sound the responsive chord. Peace on
earth. good will to men"
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22
cHRlsrMAs At Ct. ANDREWS.
Beautiful Midnight Mass on Christ.
mas Eve.

Beautiful Midnight Mass on Christ
mas Eve.
Following very ancient tradition
and according to the custom Of st.
Andrews parish, the holy nativity OF
Christ will be celebrated with fully
choral Eucharist at midnight Sunday
Christmas eve. The service, which
will be sung by the well trained choir
OF the church, augmented by several
beautiful voices from other choirs and
under the able direction of Homer
Gear Nearing, organist, will begin
promptly at 1880 p. m. Special at.
tention is called to the time, as here.
tofore the service did not begin until
midnight. This year the time of be.
ginning is one-half hour earlier.
The rector and members of the yes
try extend a cordial invitation to
everyone to attend this service and
join In keeping our Lords birthday.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22

derplay of business life and the under.
world called "The Wager"
Written especially for Miss Stevens,
THE Wager" gives this great actress
unusual opportunities to show her fine
emotional powers. An exceptionally
strong cast surrounds Miss Stevens.
Lyster Chambers plays the part OF
Daisy Doyle's sweetheart; Hugh JEFF.
frey is the detective who hounds
Daisy; Daniel Jarrett is the police
commissioner; Frank Currier and
Charles Bowser are the jewelers. who
figure In the BET. ~NS -~r~s 4
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22

Fires continue TO be numerous. so
II you have not gotten on the protec.
ton wagon. there is time yet II you
hurry. You may be next. Check over
your policies and II you haven't
enough insurance, call us up. Our ser.
vice is prompt and efficient. All
losses promptly and fairly adjusted
Phone day or night. PCS and $50. We
have the best automobile policy on the
market. Geo. A. Adams. 90
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22

ed Northern French ports. Both ships
have transmit shipments OF metals.
The fairfield carried eight million
pounds OF hay and departed wednes.
day afternoon. The Iddlesleigh car.
ried e.SO0,oOO pounds OF hay and sail
ed Thursday.
In addition TO the two nay boats. the
Booth line steamship Boniface clear
ed for Liverpool with sixty thousand
bushels OF wheat and 1900 bales OF
cotton.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22
ADJUSTMENTS
At the Dixie Tonight.

Theodore Roberts, the most promi.
nent character actor on the stage or
screen, will be seen at the Dixie to.
night, supported by Anita King, in the
Jesse L. Lasky production Of anton
the Terrible" a thrilling drama OF
Russian political introgue. Mr. Rob-
erts is always noted for the care and
detail OF his makeup. He permitted
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22

his beard to grow, that he might prop.
erly present the character Of the
vicious Cossack. One Of the other
members of the Lasky company
thinking Mr.. Roberts mustache a
false one, attempted to jerk 1t from
under his nose. The tweeker was
promptly appraised Of the fact that the
adornmeut was not false one.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22
SHIPPING HAY TO ALLIES.
Two Vessels Leave Galveston with
Fourteen Million Pounds.

Galveston. Texas. Dec. 22.-Four
teen million eight hundred thousand
pounds of prairie hay. the first export
ed from Galveston In almost three
months. constituted the freight load
ed here by the British steamship Id
dlcsleigh and the steamer fairfield
which cleared Wednesday for unnam
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22

Santa Claus candy headquarters Is
with o. l.. Strickland at Roy Weeks. 81
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-12-22

At the Queen Tomorrow.
Emily Stevens, famous as q stage
and screen star, will be seen at the
Queen tomorrow in a new Metro won
The day book. [volume] (Chicago, Ill.) 1911-1917, 1916-02-28

THE M. v. 1.-The Municipal
Voters league in its unbiased re-
port on candidates for aldermen in
the various wards sets itself up as the
criterion by which we are to be guild
ed in selecting our aldermen. We
would be more pleased with its work
if it would only deal fairly and hon
estly toward all. We knOw-nothings
are puzzled somewhat at such incon-
sistent statements as HAS ability and
a good reputation, but has no chance
for the nomination" Where does it
get such information? Who compose
the executive committee of the Mu-
nicipal Voters league. In the same
report you will find it recommending
machine politicians, not listed as Ca
pable, who in it's lordly estimation
!"have a chance" l wonder why?
We are almost led to believe that
the league is branch of the royal
family-of machine politicians and that
it's sole object and aim is to repel
boarders who dare to attempt to get
a foothold on jobs they feel are theirs
by divine right.
Is the. average man such gambler
that he will vote for one he thinks is
winner" regardless of his fitness
or qualifications? Evidently the mu-
nicipal league thinks so. HAS no
chance" is a sly, dirty, underhand way
of knocking the capable honest man,
while pretending to do him justice.
This aristocracy of boodlers and
grafters is growing so rapidly in the
large cities of the United States that
it won't be very long before honest
capable, upright men will not dare
The day book. [volume] (Chicago, Ill.) 1911-1917, 1916-02-28
THE PUBLIC FORUM
MEXICO SAFE.-The statemen

UIINISS SNi L. hC oIhSSAASAS
that there is less danger for Ameri-
cans in Mexico than there is in Chi
cago bears more truth than the aver
age American cares to believe. l have
travelled in Mexico, accompanied by
Americans and foreigners, and every
where we were welcome as long as
we did not abuse hospitality.
have personal knowledge of SOL
diers who deserted the American
army while it was occupying Vera
Cruz and of other retired American
soldiers who went to tie interior of
Mexico and are living there in more
safety than they would find in this
country. Z.
Most of the loud screaming from
Americans in Mexico is not because
they have been outraged, but because
they have become so accustomed to
wringing gold out of Mexican work
ers that they hate to think that the
loW-down F'greaser" has energy
enough to fight and refuse to be ex-
plotted longer.
Those who have most profted by
exploiting Mexico have maiciously
spread the idea that the impulse of
the revolution is that of race hatred,
an idea disproved by the fact that the
American exploiters were the first to
read the writing on the wall and seek
safety in other countries.
The Mexican revolution Is essen
tally social revolution, and as such
bears no in-win toward any race, but
to human parasites IN general
A man named Tharp wrote an arti-
Gle for the Los Angeles Record in
which he said he had secured land in
Mexico and had spent an enormous
amount of money in developing it,
but that since the revolution started
the Mexicans had taken it back. He
recognizes their right to do so, for it
belonged to them. He says he would
=
The day book. [volume] (Chicago, Ill.) 1911-1917, 1916-02-28

American workers to go to Mexico
and fight for them.
1 do not deny that there have been
Americans killed in Mexico, but they
were not killed because they were
Americans, but because they were
parasites, reckless exploiters. Most
certainly there is no more excuse for
sending troops to Mexico than there
is for sending them to Chicago, for
Americans are outraged, robbed and
murdered more frequently here
Geo. DuVaI, 1910 Wrightwood Az.
The Topeka state journal., 1916-07-18
TO FIGHT PLAGUE
$135, 900 Emergency Fund To
Be Appropriated by Congress.
Infantile Paralysis Continues to
Spread in New York.

Washington, July 1s.-An emer-
gency appropriation of s135,000 was
voted today by the house for the pub
lie health service in its fight against
infantile paralysis in New York and
to stop its spread to other states.
Disease Spreads in N. Y.
New York, July 15.-After health
officials had declared they believed
the epidemic of infantile paralysis to
be under control the disease made a
pronounced advance today. The daily
bulletin of the health department
shows an increase of nearly 100 per
cent in deaths and of more than 80
per cent in new cases.
During the twenty-four hours pre-
ceding 10 o'clock this morning the
plague killed twenty-sIx children and
there Were 121 new cases reported.
The Topeka state journal., 1916-07-18
MINERS STILL ALIVE?
Rescuers Hear Sound of Pick Welded
by Imprisoned Men.

Joplin, July 1s.-Four men who
were imprisoned by a cave-in at the
Babcock mine near here yesterday aft
ernoon are alive. it became known this
morning when sounds were heard
from the drift in which they are i'm
prisoned.
The men, Howard Gideon, Barron
Gideon, Morgan Woods and w. E.
Bowers, are believed to be aiding res
cue crews despite the fact that they
are in cramped quarters, without
lights, water or food, and are breath
ing air that must be foul by this time.
Sounds of picks striking against rocks
were heard from the drift this morn
ing.
Rescue crews are working in short
relays in an effort to reach the men
and it is believed that the caved dirt
may be removed within twelve hours
although further cave-ins might hold
back the work for days.
A drill hole is being sunk to give
the men air but slow progress is be-
ing made with it on account of cav
ing ground. The hole will have to be
sunk 150 feet and now is one-third of
the way down.
The Topeka state journal., 1916-07-18
IS STILL IN PORT
Sailors Say She'll
Head Out Tonight.
Report British Have Nets
Across English Channel.

Baltimore, Nd, July 1S.-The Ger
man submarine Deutschland was still
at her pier here early today. AS far
as could be learned. though, she in
tends to dash for the Virginia Capes
tonight.
One of the Germans connected with
her venture announced early today
that she had gone. A statement from
A. Schumacher & Company's officials,
however, was that anything we tell
you about the leaving time will be a
d lie.''
Despite this policy of mfsinforma-
ton, everything points to an early
getaway The tug Timmins hovering
close to the ship and her precious
cargo. is fully coaled. The last of the
visitors will be taken on the subma-
rine today. and some crew members,
not under orders to misinform, say she
is heading out tonight
VIII Get Home Safely.
Negro stevedores put i'll a busy
night, tucking away the last of the
cargo, and this work was due to be
finished today.
Captain Koenig refuses to worry
about the reported presence of an al
lied war vessel Gordon off the capes
He still tells friends he will get home
safely. The captain of an incoming
steamer said today that England had
big fleet of warships and trawlers
and a line of nets in the English
chanrel. ready for the submarine
He believes the British policy will be
to let the Deutschland pass the capes
safely, with view to seiZing her later
The Topeka state journal., 1916-07-18
LANDLORD CANTsNs
EVICT FAMILIES IS
OF GUARDSMEN

Pittsburg. Pa, July 1S.-Families of
soldiers in the service Of this state or
the federal government cannot be
evicted by civil process for nonpay-
ment of rent while the soldiers are in
such service.
Since the military units IN Pittsburg
went to the front hundreds of families
have been notified to pay their rent
or move out Mayor Joseph G. Arm
strong and City Solicitor Charles A.
O'Brien will enforce the state law
passed by the 1915 legislature proyid-
ing against just such contingency.
Payment of rents cannot be forced un-
til thirty days after the soldiers have
been mustered out of the service. The
law is a barrier against landlord s
warrants. -