davidaulloa/AmericanStories huggingface dataset:
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23
**++++++*++*++++++
SOCIAL AND PERSONAL:
= .
++++++*++++++++++s

Hay for Sale.-C. E. Wellington.
Lost-Cameo Bar Pin. Reward
for return to Miss Isabel Williams.
For Sale.-1,000 feet of Ike red gum
well curling. Apply to C. G. Burton.
DR.. and Mrs. f. R. Mulheron have
returned from Florida, where they
spent several weeks.
Mr.. and Mrs. Richard Thornton and
Mr.. and Mrs. Macon Thornton of the
Tabernacle neighborhood were in town
Tuesday.
Allie, the bright little daughter of
Mr.. and Mrs. Howard Jarratt, who has
been quite sick for several weeks, is
improving.
Mr.. ]. w. E. Moore, who was con-
fined to his home several days last
week on account of sickness, is able
to be out again.
Mrs. A. c. Scarborough, after a de-
lightful visit to Mrs. Matte Kinney
Anderson, has returned to her home
in Whitesboro, Texas.
S. E. MCGEE, ESQ.,, of Hillville has
been confined to his home for the past
week with a genuine case of measles.
He is reported improving and expects
The Annual Missionary program
will be given at the Baptist church
Sunday morning at 1880 o'clock. A
special program has been prepared by |
the children of the Sunday school. All |
are cordially invited. Sunday school
at the regular hour, $50 o'clock.
William and Cogger Smalley, who
have been very sick with pneumonia
following a severe case of measles, are
much better The friends of the FAM
ily wish them speedy recovery.
The building committee for the adj
ditions and improvements of the Meth
odist church here is perfecting plans
the work, which it is thought will
begin early in the spring. There will
be concerted action on the part of the
official board and entire membership
in the campaign for raising the neces-
sary funds. This work will be started
within the next few days.
Elmer Jeston was seriously wounded
Tuesday as a result Of fall of about
forty feet from the top Of derrick
erected over a well which is being
dug by the Louisville & Nashville
railroad near the station here. Jes-
tons head was badly cut and he also
received serious wounds on his LEGS
and body, He would doubtless have
been killed but for the fact that ne
gro workman broke the fall by at
tempting to catch him. He, too, was
hurled to the ground.
George Blackwell has lost five from
MS Black Poll herd during the past
three days and has six others which
are expected to die. 1t is thought
hat they were poisoned from some
hing in the food he has been feeding
and an analysis will be made to To-
cate the trouble These are high
priced, registered cattle and the loss
will be great.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

Mr.. High Cost Of Living has heard
rumors of huge garden plot being
dug up against him.-Nashville Ban
ner. Yes, and it won't be long until
little garden plot will begin to hatch
out around him.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The war, after all, might have been
worse. Only 100000 men have been
killed thus far, with 100000 or so
minus legs, arms, eyes and other por-
tons of their anatomy. Yes, it might
have been worse.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

About the only thing that will pro-
tect the potato planter from indie
ment this year for destroying currency
is the fact that spuds do not as yet
bear the stamp of the government.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

Help to make Brownsville still more
popular by regarding every visitor as
a guest and provide for his comfort
while with us. Make him feel that he
is not only welcome, but that his COM
pany is desired and appreciated as well
as his business.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

Those pesky German U-boats didn't
pay any attention to the stars and
stripes painted on the sides Of the
Memphis. That's enough to disturb
the equanimity of a pacifcist.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

UNUSUAL conditions have prevailed for almost
three years in the mems clothing business
In announcing our new suit and top coat selections
for this spring season, we emphasize their pedigree
Our advice to you at this time is to buy clothing of
reputation, clothing in which-y you know the manu-
facturer lives up to his responsibility until you
admit that you have had your moneys worth
We carry the same famous make as usual Our
lines have national prestige, based on style and
quality standards They are guaranteed by the
makers and by us.
We want to emphasize that we are headquarters
for
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The newly invented torpedo that is
guided by sound would be good thing
to train against floating rumors.-
Washington Post.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

1t has been found that by chemical
treatment a ton Of sawdust will yield
a quarter Of a ton Of sugar That set
ties it-up goes the sawdust.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The Kaiser is welcome to all Of Car
rama he can swallow We have too
much regard for our stomachs to even
want a nibble.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

If you have any doubt about home
being the dearest place in the world,
just take second look at your gro
Gerry bill at the end Of the month.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

. Even if nothing worse transpires,
some traitors in this country are like.
ly to be taught the value of respect for
the flag under which they get their
bread and butter.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The favorite color this season is
mustard" and the dear girls look
like animated plasters,-Commercial
Appeal. A good thing to have stuck
on you, en- boys?
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

There is a scarcity of material for
making billiard balls. A good deal of
it was used in making heads for fill
clustering senators.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

Cordially and friendship are the
strongest factors in creating and main
tanning true community unity, loyalty
and friendship. Practice it.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

Eggs shaved two CENTS" says an
exchange. We always thought those
storage companies kept them until
they grew boards, and now we have the
proof.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The steeple- jack is one fellow who
never has a second chance at making
good after once falling dawn on his
job
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

Next time the White House needs
paint, viii it be necessary to consult
the Kaiser as to the color used?
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

Now that the railroad brotherhoods
have gotten what they asked for, how
long viii they be satisfied?
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

While preparing for war on a large
scale, let's not forget to swat the fly.
He's little, but he's loud.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The world DO move-First we had a
Judas, then a Benedict Arnold, and
now the twelve flibusterers.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The Oliver Cultivator is heavy
built and therefore longer-lived
The hitch is close to the frame and
therefore draft is lighter than 9TH
5rWlse.
BAIN-WEDDINGTON co.
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23

The Car is gone-Now for the Kai-
The states-graphic. (Brownsville, Tenn.) 1???-1984, 1917-03-23
|StylepIus

The only Clothes in America whose price is known
to remain the same
The popularity of this suit of medium cost, one
price the nation over, has given the makers such
great volume that they can keep the price down
and give all wool fabrics plus the style of one of the
great designers Guaranteed!
We bought heavily this season. Our assortment is
large, but we think youwil see in it clothing con-
ception that shows ourknowedge Of what the best
dressers in town want
Buy your spring suit early We cannot recorder on
some of the most stylish fabrics Be free to come.
here and look through our stocks We want you to
know how we'll We are supplied
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
No. POSTS.
George Rains ct al, Appellees,

NO. ZuStS.
George Rains ct al, AppeIlees,
Herman Weller. (et all APPELLANT.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J.
L Parties may be firmly bound by
words, oral or written; they may arrive at
agreements by, acts and conduct which
evince mutual Intention to contract and
from which the law implies contract.
. The general rule is that in the absence
to compensation for his services while en-
ployed in the partnership business. but
where one partner is entrusted with the
nagement of the partnership business
and at the instance of his copartners de-
votes his whole time and attention to it
while the copartners are attending to their
individual business the case is taken out of
the general rule and from the acts and
conduct of the parties the law implies an
agreement to pay the active managing part
ner compensation for his exceptional serv-
ices.
a custom usage it should be specially
pleaded, but in an action for partner
where the defendants answered with gen
eral denial and did not challenge any item
because of the absence of authority or an
agreement to charge the firm with the
item, the admission of evidence of Il uni
form, reasonable and well settled custom
with respect to the item was not error.
1. The order in which proof is received
is largely within the discretion of the trial
court and is not matter OF much con on
court without a jury
3. A manager of a partnership business
acting in good faith may borrow money
necessary for the conduct of the business
instead of making an assessment upon the
partners to obtain the necessary money.
G. Likewise, such partner in carrying on
a mining enterprise may extend the oper-
ations of the firm to land in proximity. to
that previously mined and the partnership
will be bound by the operation if there Ii
an absence of fraud or bad faith.
All the Justices concurring.
A true copy.
Attest: II. A. VALENTINE
| (Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
LEGAL,

ifs deed, in an action separate from that
III which the sheriff's deed was issued, ON
the ground that, out of the proceeds of
the sale, the current taxes were not paid
nor the land redeemed from ia sales, is
tanned.
?. The grantee in a sheriff's deed OBJ
tains good a title to the real property
conveyed, as was held by the person
against whom execution was issued. This
includes the right to attack voidable
tax deed.
3. A tax deed is voidable when based
on redemption notice which includes IL
legal interest, and which does not COM
ply with Section 11446 of the General Stat
utes of 1915.
All the Justices concurring.
A true copy
Attest: d. A. VALENTINE,
(Seai) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
D. A. VALENTINE.
Clerk Supreme Court.
No. 2O.iO9

No. 2O,409.
L. c. Smith, Etc, Appellee,
vs.
c. Z. Easter ct al, Appellee.
+. II. Woodbury., Appellant.
Appeal from Usage County.
Opinion on Rehearing.
REVERSED.
Syllabus. By the Court. Marshall, j.
L c. f. Easter contracted. under the
name of c. E. Easter 4 Co. to build a resi-
dence for f. II. Woodbury., and gave bond
signed by c. +. Easter & Co, c. L. Easter,
X. H. Agard, and The United States Fidel-
ity & Guaranty Company. Held, that the
bond was the bond of {. e. Easter.
2. In the bond described in section 1
of this syllabus. c. E. Easter & Co., was
named as principal and The United States
Fidelity & Guaranty Company as surety.
The name of X. H. Agard was not reclted
in the bond. Held, that r. H. Agard was
surety the bond.
3. Under the circumstances disclosed in
the opinion, and to prevent an injustice
being done, the Judgment of the trial
court reversed, and that court is direct
ed to ascertain certain facts and to render
judgment accordingly.
Burch, J., Mason, J., Porter, J., and
Dawson, J., concurring.
Marshall, J., Johnston, c. J., and West.
J., dissenting.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
LEGAL.

be deemed the owner of the land sought
to be applied to the debts of the former,
his duties as trustee under the Will pre-
clude him from acquiring any interest ada.
verse to his trust or placing himself in any
position where his self interest conflicts
with his duties trustee.
3 The plaintiffs have no right to iools
to any interest In the land belonging 10
the grandchildren or real beneficiarsss
under the will but they should If neces-
sary be made parties in order that their
rights may be protected, i XII "a Ia -
All the Justices concurring.
A true copy. -
Attest: d. A VALENTINE,
((Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13

No 20. 4O1
Toledo Computing Scale Company. Appel
liant.
vs..
J. +. Mercer. ct al. Apppellees.
Appeal from Wyanfotte County.
Division No o
AFFIRMED
Syllabus. BY the Court. Porter, !
On the facts stated 1t ives not error to
refuse to set aside a verdict and grant
a new trial on the ground that plaintiff
was entitled to Judgment because of Ger
tain facts alleged in the petition and adj
Johnston. c. J.. Burch. J.. Mason, j..
West. T.. and Dawson J.. concurring-
Porter. J. and Marshall j.. dissenting.
4 true copy.
Attest: II. A VALENTINE.
(SeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
No. 2O993


The State of Kansas, rel s. NJ. Brew
ster, Attorney general, Plaintiff,
VS..
". D. Ross, State Superintendent of Public
Instruction Of the State of Kansas ct al.
Defendants.
Original Proceeding in Mandamus.
Judgment for the Plaintiff.
Syllabus. BY the Court Mason, J.
1. The disproportiOn between the amount
of fees collected under statute purporting
to be an inspection measure and the ex-
penses incurred in its execution will jus
tify court in holding it to be invalid
only when one of two conditions is met:
either the discrepancy must be great
that the court is forced to the conclusion
that the legislature in the first instance
a revenue under the preteXt of requiring
an inspection or else the legislature must
have neglected opportunity to revise
the charges eXacted, after experience had
shown those previously imposed to be eX-
cessive.
>. The fact that in the first two years
of its enforcement the statute of 1913 pro-
lures yielded an income of practically four
times the cost of its administration is not
enough to compel the conclusion that it
was intended by the legislature a rev.
enue measure.
/ ). The provision of the statute referred
to authorizing the appointment of addi-
tional clerks in the office of the state su-
perintendent of public instruction is held
TO imply that, they were to assist in in
speeding and passing upon films, although
laid upon the superintendent.
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, 1917-07-13
LEGAL.


medical examiner held to be sustained by
the evidence and TO be free from error
,. The situation held not to require a
decision TO the validity of a contract
by which some of the liabilities of u fra
ternal beneficiary association were assumed
by another corporation, in consideration of
the transfer of its assets.
3. The transfer of the assets of a fra
ternal beneficiary association to another
corporation held to have been made under
circumstances resulting in a substantial
merger, such as to impose a liability upon
the new company with respect to the debts
of the old.
4. Where one corporation goes out of
business and transfers its assets to another
under such circumstances that practical
merger results, the liability of the new
company for the debts Of the old is meas
ured, not by the value of the total amount
of property 1t has received, but by the
value of the portion thereof to which cred
itors of the old company had a right to
look for the payment of their claims.
5. Under a statute authorizing a fra
ternal beneficiary association to create a
special fund for the payment of certificates
issued to its members, and making it I'M
lawful to use any portion thereof for ex-
penses, the accumulations of such fund
are exempt from application TO the claims
of general creditors of the association.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
lSeal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
No 2O.95O.


In re the Estate of Sarah Brown, De-
ceased, Charles A. Brown, as Executor,
etc, ct al, Appellees,
Elizabeth NJ. Brown, Appellant
Appeal from Atchison County.
Syllabus. By the Court, Johnston, c. J.
1. A rule for the Interpretation of wills,
to which all other rules are subordinate, is
gathered from all parts of the Will, Is to
be given effect and that doubtful or in
accurate expressions in the will shall not
override the obvious intention of the tes-
tator.
the other real, personal and mixed, shall
vest in the survivor during the life of such
survivor" etc, when read in connection
with other parts of the will indicates that
the intention meant to be expressed by the
testators was that the estate of the de-
ceased should vest in the survivor.
3. A father and mother each owning
property made a joint will in effect pro,
viding that their respective estates should
be kept together as an entirety and upon
the death of either the survivor should take
the entire estate with fun power to invest invest
than the beneficiaries and that upon the
death of the survivor the property should
vest in trustees who were authorized to IN
vest, change convert the property Of the
estate and to manage and control 1t for
It was to be distributed equally among
living children and the heirs of the body of
deceased children. Such bodily heirs OF
deceased children We're to receive the share
the parent would have received if living,
and during the trust the trustees were to
distribute the net income of the estate in
the same proportions. 1t was specifically
provided that if any of the children of
! the testators should die leaving consort,
such surviving consOrt should receive i've
hundred dollars and no other part of the
estate. The father died first and before
| the death of the mother a son died leaving
/ a wife but children, and in a proceed
/ ing to settle the estate wherein the wife OF
! the deceased son claimed share, it is
I hold hat cEJah xxifn nnf lpd n
| hundred dollars in the estate but that her
| husband acquired no vested interest in
| the estate in his life time and no part of
| it descended to her through her husband.
/ All the Justices concurring.
A true copy.
| Attest: d. a. VALENTINE.
I (Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
u. A. VALENTINE.
Clerk Supreme Court.

No. 20 500
The Garden city Sugar and Land Com
pany, Appellee.
vs..
r. A. Shepherd. ct al, Appellants
Appeal from Finney County
AFFIRMED
Syllabus. BY the Court. West. 7.
Under the nleadings and evidence it was
not error to niofn the defendant from
Interfering with the irrigation ditch In con-
troversy leaving the title thereto unde-
termined
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
n. A. VALENTINE,
Clerk Supreme Court.

No. 2099S
VIM. E. Jackson, Appellee,
The Knights and Ladies of the Orient
Corporation, and The National Industrial
Insurance Company, a Corporation, APP
pelIants.
Appeal from Shawnee County
(First Division.)
Reversed in Part.
Syllabus. By the Court. Mason. J.
/ A Judgment against fraternaI bene-.
ficiary association for the services of
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13

VS.
+. u. Shriver. Appellant.
Appeal from Marion County
AFFIRMED.
Syllabus. BY the Court. Burch. j.
!. A railway company as n riparian
owner has the right TO make reasonable
use of the water of stream for the pur
pose of supplying its engines and operat-
ing its railroad, reasonable Use meaning
such use as is consistent with the equal
rights of other riparian owners.
. Findings of fact considered. and held
to be sustained by sufficient evidence.
3. Soon after the commencement of an
injunction suit between riparian owners
respecting use of the water of stream
greatly depleted by unprecedented dought
the drouth came to an end and the normal
flow of the stream, sufficient for all uses
restored. preliminary injunction
granted the plaintiff was dissolved. an in
junction in favor of the defendant WAS not
granted, and the action dismissed
Held. the discretion of the court was not
abused.
All the Justices concurring.
true copy.
Attest. D. A. VALENTINE,
(Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
LEGAL.
No. 20,9G1.
Z. L. Miller, Appellant,
Albert S. Thayer. Appellee.
Appeal from Saline County.

Albert s. Thayer, Appellee.
Appeal from Saline County.
AFFIRMED.
Syllabus. BY the Court. Marshall, J.
l. Under the circumstances disclosed in
the opinion evidence of false and fraudu-
lent representations was properly admitted.
2. Where land has been taken in eX-
change for Il stock of goods. falsely and
fraudulently represented to be merchant
able, the land having been first Inspected
and no false representations having been
ject evidence to show that the land was
not worth the amount at which it was
valued in the exchange of properties.
3 There was no error in the instruc-
tions given nor in refusing to give those
requested.
e. The Plaintiff was not entitled to judg-
ment on the special findings of the jury.
All the Justices concurring.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13
No. 20,93S.
H. w. Barber, Appellee,

H W, Barber. Appellee,
Jonas D. Emery, Appellee, and W. F. Metz,
Appellant individually and partners,
Appeal from Cloud County.
AFFIRMED.
Syllabus. BY the Court. Dawson, J.
l. One who is partner u business
firm may not escape his liabilities as such
partner merely because he declares that
he will not be responsible for the partner
ship acts when he does no hing to alter
the business conduct of the partnership,
and remains member of the firm, and
suffers it to continue the policy to which
he objects.
=. Section 3471 of the General Statutes
of 1915 which makes it unlawful to draw
a check or draft on a bank when the draw
er has neither money nor credit in such
bank does not apply to the drawing of an
overdratt by customer who has credit
3. Section SOS of the General Statutes
of 1915 which declares that any officer of
a bank who honors overdRaft shall be
personally liable to the bank therefor is
! a precautionary measure of security for
the bank, but it does not rende-. the trans
action itself unlawful.
T. Where trial court has ordered the
witnesses to withdraw from the courtroom
! witness who disregards tina. order may
be disciplined by the court. but his dis
obedience to the order does not disqual-
Hy him as a witness Davenport VS.. Ogg,
10 Kan. 363D
). Certain excluded evidence examined
and held to be of such slight relevancy to
the. issues that its exclusion was non
6, 1t is error for a jury to consider
facts pertinent to the Issues volunteered
by one of their number in the jury room
but where it is both affirmed and denied
by the jurors that such incident occurred,
the question whether Il juror did commit
such impropriety must be determined by
the trial court, and its finding that the in
cident did not transpire cannot ordinarily
be questioned on appeal.
{. Prejudicial error cannot ordinarily
! be based upon an instruction which is
| only subject to an objection that it is
. somewhat incomplete as an ABSTRACT state
ment of law, when it was not a necessary
instruction to be given, and when nc
error in the result can be traced thereto
! All the Justices concurring.
true copy.
| Attest: D. A VALENTINE.
! (SeaL) Clerk Supreme Court.