davidaulloa/AmericanStories huggingface dataset:
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
Bid Food Crons,

It looks as If nobody IN the world
need lack for something to eat next
year, If the crop promise Of the United
States for the coming harvest Is full
filed. According to the forecast OF the
department Of agriculture, food crops
this season will be greater by a billion
bushels than last year. This does not
take into account the thousands OF
home gardens that will produce their
millions Of bushels Of potatoes and
other vegetables. The governments
crop report is probably the severest
blow that has been struck at Prussian-
tsm in several days, at least-Chris'
HON Science Monitor. ..
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
Don't PLAY the Fool.

A great many people play the fool
naturally. They come into the world
endowed by nature and favored by op-
portunity to create something Of stir.
But the first thing you know they have
gone off on some insignificant tangent
that tells palmer than words that they
are playing the fool. And in some
cases it is really an art to keep from
1t. Temperament, association and the
occasion have much to do with con-
duct. There's many a fellow with the
blood Of heroes in his veins who be-
comes a most distinguished fool.
Pennsylvania Grit.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
FEW REAL BOOK STORES HERB
Count ToIstoy Struck by Lack q oP
portunitles for Obtaining aotd
Literature In United States.

In my country, as in the other parts
Of Europe, nobody need have any dim.
Guilty in finding book stores in small
towns or in large cities, Count nya
Tolstoy writes in tie Century maga-
zine. Here one can find cigar store,
a drug store, all kinds Of shops where
luxuries can be purchased, but the
seeking Of bookshop is often very
hard quest. Even in New York it Is
hard to find real book store, where
the attendants know their authors and
can help one select the books that one
needs on any subject. There are
some, but none too many They can
be counted on the fingers Of ones
hands.
In smaller cities the task Of finding
books is a hopeless one. There are q
few stores where books are sold but
what books? Novels mostly, the aver
age ephemeral romance; magazines
with too many i|'-conceived articles
containing little upbuilding criticism
of public life, much ill-digested infor-
nation, and newspapers which afford
little of intellectual value, being most
ly mediums ofeadvertsing. American
literature is yet poor. The good mag
azines are few compared with Euro
pean reviews. The inheritance Of man
Kind, the universal literature, Is hard
ly known here. There are translati0ns
in sets, richly bound, but cheaply pro-
duceG, and too often done by hack
writer's, who do not even understand
what they translate. They are bad
|, ,translations, as a rule, but costly.
Poor people are not able to buy them.
Even in Russia, In the country
which Americans think1u ivilized, we
have translations Of all the worlds
great writer's. These editions are APP
propriate to the means Of the people.
They can be bought for prices from 1
to S cents. It is the same in England.
The result here is that the people read
only newspapers and magazines. In
Russia for the same price we can build
a library of great books, The best
works Of Pushkin, Dickens, Shake
speare, Dante, Ceryantes, Goethe, Tol-
stoy, Heine, Victor Hugo and count
/. less others are at the disposal OF the
poorest.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
Bio War Map.

An American exhibitors war map Is
15 by 20 feet in size, and shows the
most of Europe, shaped to the earth's
natural curvature, and with a relief
exaggerated 10 times, the horizontal
scale being 78 miles to the inch, and
the vertical .7e mile. About 200 places
are marked by electric bulbs. Theii
names are on a large indicator at the
side, and as the lecturer causes the
name O. q town on this to light up
the corresponding bulb on the mar
begins to glow.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
ington, D. C.

The monument is simple piece of
green Pirean marble, out Of which
all the holdings and carvings were
cut. The central portion is taken up
with the inscription and epitaph,
above which is a bas-relief, a figure
clad in simple drapery, holding in
one hand the emblem Of life and i'm
mortality, while with the other she
laws on the altar the symbol of full
and abundant life. ...
The monument stands besides the
headstones over the graves of Rev.
S. E. Arson and Mrs. Jane Axson,
father and mother of the first Mrs.
Wilson.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
THE PRESIDENTS MONUMENT
TO HIS FIRST WIFE
Atlanta Georgian.

Atlanta Georgian.
Officials of the Roberts Marble
Company have returned to Atlanta
after supervising the erection of the
monument over the grave of Mrs.
Ellen Arson Wilson, first wife of
Woodrow Wilson, President of the
United States, at Rome, Ga, The
monument was President Wilson's
personal tribute to the memory of
his wife.
Executed by noted New York
sculptor, the memorial was brought
to Georgia this week. ]. B. Roberts,
an official of the local marble COM
pany, and U. L. Starnes, expert set
ter for the Roberts concern, were
requested by a long distance tele-
phone message from the East to su-
pervise the placing of the stone. The
final touches were placed on the work
Thursday.
The monument is inscribed with a
verse from Wordsworth's poem, "She
Was Phantom of Delight" selected
by the President.
A traveller between life and death,
The reason firm, the temperate will,
Endurance, foresight, strength and
skill,
A perfect woman nobly planned,
To warn, to comfort and command
And yet spirit still and bright
With something of angelic light.
The remainder of the inscription
is:
Sacred to the memory of
Ellen Louise Arson,
Beloved wife of Woodrow Wilson,
Born 18th of May, 1850, at Savan'
nah, Georgia,
Died 9Th of August, 1914, at Wash,
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
ECONOMY WITH GAS STOVE.
Woman Tells How She Saved Money
by Making Plans Ahead for Her
Baking Day. -

A woman has written in to the Wom-
ans Home Companion about her gas
stove and she says:
'eThe idea Of telling other women
how to economic time and money In
the use Of my gas stove came to me
on hearing a young housekeeper tell
about baking q pudding, or just one
thing, in q gas oven as large as my
Swn, which struck me as amazingly ex-
trayagant," writes a woman In the
Woman's Home Companion.
"When planning to have a baking
day with the oven, I sit down the cay
before and think out just what is need.
ed for several meals ahead which must
be cooked. For instance, I place q
roast in pan just barely large
enough to hold it, thus economizing on
space as well. Then, If possible, ]
cover the roast with pan which can
be made to sit quite level, into which
I put several potatoes; or, If this ar
rangement isn't practicable, I put the
potatoes on the CRATE. Beside the
roast I place a small pudding dish con-
tanning a bread pudding, on a small
asbestos mat beside the pudding dish
q small pan Of biscuits. A vegetable
may sometimes be baked in a nappie
with all these things as well.
~The following, all Of which I have
tested, will be found good combinations
for any baking day:
"a meat loaf, covered, in a bread
pan; escalloped tomatoes in a pudding
dish q pan Of corn gems. Time about
an hour. Baked potatoes may be
crowded in almost always.
"Roast chicken in small cake tin
sweet potatoes peeled and sliced, sea-
soned and covered with milk in pud.
ding dish; macaroni and cheese in a
bread tin. Time about one and one
half hours, oven moderate"
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30

Just Twenty-One more shopping
days until Christmas. Are you
ready?
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-30
MAY WORK
UNDER GOVERNMENT

Washington, Nov n. Govern
ment operations Of the railroads dur
ing the war loomed as an increasing
possibility today in the minds Of Of
ficials who with the railroad heads are
trying to work out a plan for relief
of the Eastern traffic situation. Ap-
parently it is conceded that n9 the
pooling system about to be under
taken by the railroads Themselves
does not solve the problem the gov
ernment will take over operation Of
the roads as one SYSTEM.
Vice presidents Of the Eastern
lines met here today with members
of the railroad board and worked on
details for general pooling in the 4
East of as much Of the entire track
age and equipment as is considered
practicable. They named a 5icom-
mittee to be put in full charge Of the
pool with A. W. Thompson vice preai-
dent Of the Baltimore & Ohio, as
chairman. ~
The committee will establish head
quarters ia Pittsburg and will sit
continuously until the present con-
gestion is cleared. It's first meeting
will be held Wednesday. .l
For Joint Use.
The poolin gplan calls for 4 Joint
use of tracks, locomotives, cars and
employees in thecongested Scenters. i
It will not be permitted to 60 so far,
even the railroads heads admits, as
to threaten the revenues Of any lines
and this is the point advocates 81;
government operation emphasize as
illustrating the need for govern
ment operation. Under government
supervision the roads could pool their
profits which, under present circum-
stances, would constitute violation
OF the anti-trust act. 1s
a pooling Of profits would permit
OF an actual operation Of all lines as
one syltem and it would make little
difference wheather one particular
property paid, if the roads as a whole
were making money. S..ss.S
Under One Mana cement. sS
Government operation along the
lines contemplated by officials in
favor Of it would not take the ac-
tual operation from the hands Of
those now in charge Of the roads. "A
railroad administrator, If named BY
the president, would be a leading rail
road man and no changes would be
made in the management of indiyi-
dual lines. But the railroad admin
istrator clothed with the power Of
the government, could take tmea-l
sures which the railroad swar board
feared to take because Of the nature
of the ANTITRUST laws, such as the,
elimination Of economic waste due
to parallel lines. a.
If the government operation ap-
pears wise special legislation may be-
asked for congress, although some
officials think the president has ample
power now under the defense act.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
LEGAL


in which 1t is stated that shipment is to
be made in one week, and thereafter a con-
troversy arises between the parties in which
the buyer insists that the. confirmation as
written is correct, and disclaims any obli-
CATION to pay the agreed price on any
other terms, his conduct amounts to such a
reputation of the contract as justifies the
seller in calling off the deal.
.. In that situation the buyer can not
afterwards reinstate the deal by under
taking to hold the seller to the contract
Il was originally made.
3. The trial court held not to have COM
mitted error in the giving or refusing of
instructions.
4. The special findings held not to show
passion or prejudice, or to be inconsistent
with the evidence or with each other.
>. When order taxing costs on ac-
count of witnesses from another county
is made in the absence of a party af-
fected, his remedy if aggrieved is by a mo-
ton to retaX.
All the justices concurring.
A true copy.
Attest: y. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
LEGAL.

it is one of fraud and misrepresentation in
that the bondsman could not read and that
he had signed 1t in reliance on the explain
alton of its terms made to him by the
agent of the party seeking to enforce it,
and that the bond contained terms not eX-
planned to him, the trial court should in
struct the jury that the evidence to main
tain such defense should be clear de-
cided and satisfactory, (Bank VS.. Reid, sc
Kan. 245, 120 Pac. 339), and the ordinary
stereotyped instruction that -'preponder
ance of the evidence will defeat a recovery
is insufficient where more precise state
ment of the law of evidence relating to a
defense based on allegations of fraud and
Misrepresentation to defeat a written in
strument is requested.
Johnston, c. J., Burch, J., Mason, j.,
West j., and Marshall, j., concurring.
Justice Porter holds that judgment
should be ordered for plaintiff.
A true copy.
Attest: d. A VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

CATION on a plea of ultra wires when 1t has
appropriated the consideration and re-
ceived the benefits of it, and where the
party seeking to enforce 1t has fully per-
formed her share of the bargain.
Where a corporation in its formative
stage discovers that it has oversold its au-
thorized maximum capital stock, the fact
that all stock sold after the maximum had
been reached should have been treated as
void will not bar a recovery for the agreed
value or reasonable price of valid stock
surrendere by prior lawful subscribing
stakeholder to relieve the company's en-
barrassment and to extinguish the over
issue, when this method of correcting the
company's capitalization rs undertaken in
good faith, free Of any faint of fraud, and
the rights of others are not affected there
by.
All the Justices concurring.
A true copy. -
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

No 20.615.
The Farmers and Merchants State Bank OF
Concordia, Kansas, Appellee.
The Board of County Commissioners Of
Cloud County. Kansas, Appellant.
Appeal from Cloud County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
l. In an action against a county founded
upon a certificate issued by the state live
stock commissioner, reciting the .condemna-
ton of certain cattle as infected with tu-
berculosis. and ordering payment to their
owner of the amount fixed by the apprafse-
ment, such certificate is not open to attack
except on account of fraud. collusion or
similar misconduct. (Following Cory VS..
Graybill, 96 Kan. 20. 149 Pac- 417)
3 In such a case evidence that the an
praisers, by advice of the livestock COM
missioner. appraised the cattle at their
sound value has no tendency to show fraud
or its equivalent.
8. A ruling excluding certain evidence
held not to be renewable because it was
not produced at the hearing Of the motion
for new trial.
T. In such a case it was not necessary
for the plaintiff to plead that the cattle
were not within certain excepted classes
for which no compensation is allowed, nor
to prove in the first instance any fact other
than the issuance of the certificate.
All the Justices concurring.
A true copy.
Attest: u. A VALENTINE.
(Seal.) Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20,S9O.
John L. Cook, Appellant,

John L. Cook, Appellant,
The Leavenworth Terminal Railway and
Bridge Company, a Corporation, Appellee.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court Dawson, J.
1. Instructions defining the duty of a
public toll bridge toward a drunken pedes-
TRAN examined and held favorable to plain
tiff.
2. public service corporation owes no
higher duty to a drunken patron than to
sober one, unless 1t knows or has rea-
son to believe that such patron is SO much
incapacitated with intoxicants that he can
not take care of himself.
8. Where a plaintiff who is injured while
crossing a toll bridge by being struck by
a passing train bases his charge of negli-
gence against the bridge company on the
required the defendant not to allow pedes-
TRANS on the bridge while trains were
PENDANT to prove that there was such
custom, that there was no danger to per-
sons exercising ordinary prudence in pass
dreds of people had met and passed trains
on the bridge daily for twenty years, and
that no previous accidents had been &C.
T. Under an issue of custom and a ques-
ton as to the requisite requirements of
not tend to raise collateral or impertinent
issues is admissible under the rules and
limitations announced in Field VS.. Davis.
% Kan. 400; City of Topeka VS.. Sherwood.
80 Kan. 800. Is Pac. 933 Cunningham VS..
Clay Township, 60 Kan, 373. 76 Pac. 9O7.
3. Rule followed that excluded evidence
formity with section 3O7 of the Civil Code
cannot be considered appeal.
ruling that photographs offered in evidence
might be admitted flor what they are
worth" is not error.
All the justices concurring.
Attest; D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20.S99.
Henry d. Fraser, Appellee,


VS..
The Chicago, Rock Island & Pacific Rail-
way Company, Appellant
Appeal from Wyandotte County.
division No. II
REVERSED.
Syllabus. BY the Court. Burch, J.
The defendant, an interstate carrier,
maintains a large freight house having
many doors. 1t was known there were
persons about the freight house at diff
ferent times of the night watching for an
opportunity to steal property in the de-
PENDANTS care. At the close of business
each day 1t was the duty of an employee
known as the doorman to close all doors
and bolt them. The plaintiff was night
Waterman of the freight house, and ais
duties were to look after and protect the
property in the defendants custody. The
first duty Of the Waterman on coming in
to the building in the evening was to see
that all doors were closed and bolted but
this duty had not been communicated to
the plaintiff. At :O5 a. IN, while going
his rounds. the plaintiff discovered that one
of the doors was open. Suspecting the
presence Of an intruder. he commenced to
draw his revolver, when he was shot in
the arm by which he carried his lantern.
by a man who escaped through the open
door. The plaintiff had passed by the door
hourly since :0j of the evening before, and
the door had been closed. Assuming the
doorman failed to bolt the door, it is held
the omission merely created a condition
which made entrance into the building less
difficult and that the cause of the plain
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16


it prescribes a method of signifying ac-
ceptance the conditions upon which the
acceptance must be made such method or
conditions must be followed; but when it
is not So prescribed acceptance may be
made by any legal means.
3. When the contract becomes effectual
by an acceptance the vendee may assign
his rights in 1t to another and it is held
herein that the vendor having recognized
the validity of the assignment made by
the vendee and the rights of the assignee,
he is not permitted thereafter to set up the
defense that the assignment was Illegal
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 2O.s04.
Katherine Kelly, Appellee


The Central Union Fire Insurance Com
pany, a Corporation, Appellant.
Appeal from Miami County.
AFFIRMED.
Syllabus. BY the Court. Dawson J
l. Rule followed that a general verdict
and consistent findings of fact dispose of
all controvcrted issues of fact when based
upon substantial though conflicting testi-
mony.
Record shows evidence sufficient to
prove the contract in controversy, and to
prove its authorization and ratification.
3. A statute forbidding a CORPORATION
to purchase or hold its own stock, either
absolutely or as collateral after it has
once been issued does not cover the trans
actions of corporation during its fosrna
tive stage, and before its corporate stIuct-
ure Is perfected. in contracting for the
surrender and cancellation of substitution
stock to suppress an overissue in excess
of its authorized capitalize ton. when such
correction of the illegal overissue is done
in good faith, free of any taInt of fraud
and not in prejudice of the rights of third
parties.
4. A corporation cannot avoid its obli-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
D. A. VALENTINE,
Clerk Supreme Court.
No. 2O,534.
A. j. Rice, Appellant,


Louis II. Rice and Clara Rice. Appellees.
Appeal from Graham County.
AFFIRMED.
Syllabus. By the Court. Porter, J.
L. Although the terms of a written
obligation, assumed to be valid, can not
be varied by parol, it may be showL by
parol what caused the party thus to oblf-
gate himself, and thereby test the ques-
ton whether he is legally bound, as the
writing imports, whether he is by any
cause wholly or partially freed from liza
bility thereon.
.. In a foreclosure suit between the
immediate parties to the note and mort
gage paroI evidence is always admissible
to show a failure of consideration or that
the note and mortgage were given merely
as accommodation to the payee.
3. The evidence examined and held suf-
ficient to support findings to the effect
that a warranty deed from plaintiff to his
nephew, one of the defendants, convey
ing certain real estate intended by
the plaintiff a voluntary gift, and that
n note and mortgage executed to him at
the same time by the nephew for the
amount stated as consideration for the
deed were given without consideration and
intended as accommodation to the
rayee.
All the Justices concurring except Daw-
son, J. who did not sit.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20,S93.
Albert +. Nieschburg, Appellee,

J. r. Nothern, ct al, (J. Il. Nothern, APP
pellant.)
Appeal from Saline County.
AFFIRMED.
Syllabus. BY the Court. Johnston c. J.
l. Where an offer is made by a vendor
to assign his right in a certificate of
purchase, issued under a foreclosure sale.
for certain sum if accepted within a
fixed time, it may be revoked by him until
1t is accepted: but if the vendee elects to
accept the offer and gives notice of his
acceptance within the time limited such an
accepted offer fixes the obligations of the
parties and becomes a binding contract and
the execution of the assignment and the
payment of the consideration must then be
made within a reasonable time.
. To be effective the acceptance must
comply with the terms of the offer and If
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

No. 20,907.
w. Z. kliesen, Appellee.
vs.
The Equity Exchange & Mercantile Asso-
citation, A Corporation, Appellant.
Appeal from Gray County.
AFFIRMED.
Syllabus. By the Court. West, J.
1. In a contract for the purchase of
property on installments, time being made
the essence, the acceptance of payment
Of the second installment five days late
did not operate as waiver of prompt pay
ment of the next and last tnstaIlment.
,. The last payment having been due
five days the vendor notified the bank
through which the payment was to be made
not to receive 1t and proceeded to notify
the purchaser that he would cancel the con-
tract Held, that he had right to rescind.
3. Having within a few days after such
notice and refusal offered to return the
money received on the contract and de-
manded possession which was refused and
having in his petition rendered back all
payments less rent, the plaintiff thereby
sufficiently offered to place the purchaser
in statu quo although the notice contained
nothing on that subject
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
D. A. VALENTINE,
Clerk Supreme Court.

No. 20,S94.
Charles w. Smith, Appellant,
John Parman, Appellee.
Appeal from Cowley County.
AFFIRMED.
Syllabus. By the Court. Mason, j.
1. A city attorney, while engaged in the
prosecution of a person charged with the
violation of an ordinance. is entitled to the
same immunity from civil liability with
respect thereto as ordinarily attaches to
the office of public prosecutor.
,. Irrespective of his motives, PUBLIC
prosecutor cannot be held liable in civil
action on account of having instituted or
maintained a prosecution in that capacity
for an alleged violation of the criminal law.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.