davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21, $50.
Gale E. Ross, Appellee,

No. 81 ,562.
Gale E. Ross, Appellee,
Clyde e. Ross, Appellant.
Appeal from kiowa County.
MODIFIED.
Syllabus. By the Court West, J.
After entering into a separation agree
ment, which among other things required
the payment by the husband to the wife of
s., 200, the parties after a separation of
about year lived together again for some
months when second separation took
place, the wife suing for divorce and ali
mony on the grounds of extreme cruelty
and gross neglect of duty. The court
found that the contract was fairly made
at the time, was understood by the plain
tiff and had been substantially carried out
and that there was nothing said or done
touching its abrogation except the mere
fact of living together. The court not only
allowed suit money and counsel fees but
alimony. Held that alimony was improp-
erly awarded.
All the Justices concurring.
A true copy.
Attest: D, A; VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

-,
The whiteness of his soul and thus Men
DER him wept. Byron,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
u. A. VALENTINE.
Clerk Supreme Court.

No. 21.4O9
Fairbanks, Morse & Company, q Corpora
ton, Appellee,
G. orge W. Simmons and Cora Simmons.
Appellants.
AFFIRMED.
Syllabus. By the Court. Marshall, j.
l. ruling sustaining demurrer can
not be reviewed unless an appeal is taken
within six months thereafter.
2. In an action to foreelose a mechanics
material was purchased for. and was use'i
in. the construction of improvements on
the land described.
5. The evidence absfracted has been ex-
nnjned. and it is held that there was evil
,!cnce sufficient to prove that materials
standing that they should be used in the
construction of improvements on the Ian Is
described in the lien filed.
4. In an equitable action, 1t Is not error
for the court to strike out or disregard
findings of the jury and make other find
inrs and render Judgment. thereon.
All the Justices concurring.
Attest: n. A. VALENTINE.
(SeaL) Clerk Supreme Court
No. 2147o
orvilie A. Smith ct al. Appellants,
ArviIla Lundy ct. al. Appellecs.
Appeal from Osborne County.
svu.br, nv he cour. Dawson. J.
l. A motion for Judgment on the plead.
irgr invokes the trial courts Judgment and
decision on pleaded and und.sputel ia ts,
and an appeal from such decision must
lie taken within six months.-otherw.*e
the supreme court is without jurisdiction
to review any error involved therein. (Civ
Code s579.)
= The filing of a motion for q new trial
and its tendency for several months in
the trial court does not extend the time
provided nv the code for the taking OF an
apreal which only seeks review OF a
question of law
All the Justices eoncurring.
A true copy.
Attest: D. A. VALENTINE
(SeaI) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
LEGAL

which charged that it Is the duty of the
patrons to and rsoln its cars is subject to
criticism, beca Use 1t makes the carrier the
insurer of the safety OF the passenger.
properly applied in case Of injuries to a
passenger caused by derailment, the col
Hsion with another train, the breaking of
a rail, or by some defect In the equip
ment of the train which the passenger is
presumed to know nothing about, for the
reason that lie has no way of anticipating
accident, what occasioned 1t. 1t has no ap-
plication to case where passenger is
injured by some defect in the floor of the
car which is visible to the passenger and
which causes the passenger to fall while
attempting to alight from the train at
station.
4. In an action by passenger of an in
terurban railway to recover damages al
,eged to have b.. been a caused by defect in
which her foot caught while she wAs in the
act OF alighting at "a station. It is error
dent resulting in injury. to a passenger is
carrier, and that lit will be Incumbent
will excuse he prima facie failure to do its
duty. Or. in other words. it has the bur-
den of proof, in order to rebuff the pre-
sumption of negligence under the circum-
stances. that the accident could not have
been avoided lv the exercise of the high
est practicable care and diligence"
All the justices concurring.
true copy.
Attest: d. A. VALENTINE,
tSeal.) Clerk Supreme Court
No. 21,5se. ~
The State Of Kansas, ex rel Herbert f.
Ramsey, County Attorney of Reno
County. Kansas, Plaintiff,
VS..
The City Of Hutchinson and Clay Town
ship, Reno County, Kansas. G. D. Don
nell. Trustee. P. J. Strandberg, Treas
urer. Guy 5wanson, Clerk, the Township
Board of Clay Township: Defendants.
Original ProrpclipU n
WRIT ALLOWED.
Syllabus. By the Court. West, j.
!. Rule applied that
Where a repeal of prior laws Is in
serted in an act in order to the unob-
held unconstitutional. the incidental pro-
vision for the repeal of prior laws will
fall with it,
2. Chapter OF Of the Laws of 1886 as
constituted an attempt to substitute a new
method of adding to the territory of a
city of the second class. and the fnvalidity
OF such attempt as declared in Hutchinson
cludes the attempted repeal of the statute
providing for the former method. 6 1873,
chapter 100 of the Laws of 1s72.)
3 An ordinance passed in the fall Of
adding to the territorial limits of Hutch
inson held to = valid notwithstanding
in the first paragraph hereof.
4, No valid method having been used to
exclude from such city the territory thus
added. such territory Is held to be within
the limits and jurisdiction of the defend
ant city.
All the Justices concurring.
I Attest: n. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
Shines the last age, the next with hope

seen,
Today sinks off unmarked between:
Future past no richer secret holds,
o Friendiess Present! than thy bosom
folds. Emerson.
A healthy body is good but a soul in
right health,-it is the thing beyond all
others to be prayed for; the blessedest
thing that earth receives Of heaven Car
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

ana proper for him to deliver the writ to
his successor and the latter may finish
lake the official return thereon accord
inrly.
All the Justices concurring.
Attest: u. A. VALENTINE.
(SeaI) Clerk Supreme Court
No. q. 7G0.
]. II. Loe, ct al, Appellants, aI
The City Of Palco, ct al: Appeilees.
Appeal from Rocks County.
AFFIRMED.
Syllabus. By the Court: ,o,, burca;
among other things to municipal bond
issues for the construction of combined
ter ias a of the Laws Of 1914 both Of which
purport to amend an carrier statute are
to be construed together So constr1 1sa
with the additions to the old law lodged IN
chapter 70 concerning bond issues Of the
character an ter st ntsices concurr,nr
Attest: VIZ D. A. VALENTINE.
(Sea,.) Clerk Supreme Court
No. 21.799
The State of Kansas ex rel. L. +; Good
rich. County Attorney, etc, and j. T.
VS..
Oswego, Labette County, Kansas, APP
pellant.
Appeal from Labette County.
AFFIRMED.
Syllabus. BY the Court Johnston. c. J.
7 j. Under chapter Isl of the Laws of 19il
a board of education or school district
may issue bonds for the erection of school
: buildings in excess of the amount per-
mitted under the general limitations If au-
thry therefor is y he
| plication for such authority is to be heard
at the county seat Of the county from
| which the application comes upon due
notice of the time and place fixed for the
hearing. and valid order may, not pc
| issued unless the hearing is had at the
p 1t is not essential to the validity of
the order that it should be signed by the
| officers Mt the place fixed for the hearing
All the Justices concurring.
Attest: n. A. VALENTINE.
(Seal.) Clerk Supreme Court
No. 1.5es.
I Ellen E. Mckee, revived In the names of
| William J. Mckee and John Charles Nc
Kee. administrators, etc, ct al, APP
| pellants.
| q. F. Rowley. Appellee
| Appeal from Barber County.
| AFFIRMED.
Syllabus. By the Court. Johnston. c. ].
/ i. The main controversy between the
! parties herein depented upon the location
| Of a monument fixed by the government
! surveyors and the correctness Of lines and
! corners that had been established, upon
which the evidence was conflicting, and It
| support the location made by the county
surveyor and to uphold the finding and
| Judgment Of the trial court approving
| survey.
| 3 The allowance to be made for magnetic
variation is itself question of fact to he
| determined from the evidence by the trfer
| of the facts.
g. To afford ground for a new trial the
proposed newly discovered evidence must
| among other requirements. be other than
| cumulative. and such as to make 1t res
, sonab1y certain to have compelled Diff
4 2 Z hod hoop mr. a
I trial.
| All the Justices concurring.
| trre copy.
Attest: u. A. VALENTINE.
| (Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
LEGAL

confinement in the penitentiary furnishes
no sufficient reason for opening the judg-
ment If before Lis disability he had actual
notice of the tendency of the action in time
to enter his appearance aud present his
defense.
3. Persons to whom the rights of de-
PENDANT were assigned after the commence
ment of the action and after he had suffi-
Client actual notice thereof, obtained sub
stantfally the same rights ms the assignor
possessed and are bound by the notice
which he had.
Burch, J., Mason, J.. Porter, J., West, ].
and Marshall, J.. concurring.
Dawson, j., dissenting in part.
A true copy. -
Attest D. A. VALENTINE.
(Seal) Clerk Supreme Court
No. q, 1850 --
E. E. Glcsscock, ct al, Appellants.
The City of Larned. Appellee.
Appeal from Pawnee County.
AFFIRMED.
Syllabus. BY the Court. Burch, j.
Section 1705 of the General Statutes of
1915 locates burdens Of taxation for various
ing. guttering, and paving streets, places
the burden on lots and pieces of ground to
the center of the block. Section 1164 of
the General Statutes of 1915 provides meth
DDS OF fnstttuting proceedings for street
improvements, and methods of financing
such Improvements; and expressions used
indicating property are designations. and
refer to the abutting assessment districts
created by section 1905.
All the Justices roncurring.
true copy.
Attest: D.. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21,366.
Lon Gregory, Appellee,

No. 21,366
Lon Gregory, Appellee,
William Nelson, Appellant
Appeal from Sedgwick County.
division No. 81
AFFIRMED
Syllabus. By the Court. Johnston, c. j.
l. One who makes an imputation that
another has committed larceny or an Of
fence involving moral turpitude which Is
not true nor privileged, cannot escape La
bility for the SANDER by stating in con-
nection with 1t the facts or information
upon which his belief or opinion of guilt
is based.
2. On an examination of the record 1t Is
held that an instruction in conflict with
the rule stated in paragraph I, has not
been rendered immaterial error by the
special findings returned by the jury.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seai.) Clerk Supreme Court
No. n $50
w. T.. Lewis. Revived in the name Of
Maude Lewis, as Administrative, etc,
Appellant
vs.,
T. W. Kimball, Appellee.
Appeal from Greenwood County.
AFFIRMED.
Syllabus. By the Court. Johnston, C. j.
l. The law favors the compromise and
settlement of disputes. and when parties
without fraud enter into an agreement set
Ting and adjusting dispute neither Is
permitted afterward to deny it.
2. 1t having been found that an agree
ment based on a good consideration set
Ting the amount to which the plaintiff was
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

No. q sos.
Ellen f. Mckee. revived in the names of
William J. McEcc and John Charles Nc
Kee rs administrators, etc, ct al, APP
pellants.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

D. A. VALENTINE,
Clerk Supreme Court.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19
~ * * * < y ~ Xxx !
-. !, .z5sIS H. ,NEBISH . !. 9, .y, E,

* kAk X X fkk X :
81 Too late last weekly s,:s .:
Born, to Mr.. and Mrs. j. D. Hamb-
t lin, a son, Leonard Samuel, ~
mrs. Ware has been very i'll the
past week, butts now on the road
Ito recovery. sg $ Hi ILL a .z .3sas.
Miss Vera Dietel accompanied her
.brother, John, and Miss Mabel ] ohn7
Son to Bemidji Monday, returning
the same day. John Dietel and Miss
johnson went on ito NJ inneapolis
where they were married April 2,
and will make their future home in
that city. -. - z9#5 #s y
$3z Mrs. Fred Hall and children left
"wednesday for Minneapolis sson a
Evisitstoi relatives. Y as5fss . ~
$% Mr.. and Mrs Thompson, parents
of c.. N. Thompson, who have been
visiting here, returned to their home
Wednesday, "a - -
r Mr.. Ware left Friday 3for Little
Fork where. he will be employed:
| Mrs, Alec Ripple, Miss Helen Jones
and Miss Harriette Frizelle were Be-
midji shoppers this week. -
Glen Porter returned from Thayer,
|Iowa, Thursday. where he has spent
several months, He enlisted in Be-
midi in the coast artillery and will
leave this week for training. The
Porter family are doing their best
for Uncle Sam. : ,'. !
Mrs. Ruzicka spent Saturday. in
Puposky visiting her daughter,
Jenny, at the sanatorium. 49,.
The town board of Nebish at it's
regular meeting Saturday afternoon
decided to- grant free burial lots to
all the soldiers serving in. the PIES
emit war whose bodies are brought
back here. This patriotic act was
occasioned by the recent intermeht
of Casper Ollom. <T
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

they being Mrs. j. Christensen and
Mrs. A. Duset. j si s:..7.t,~
Michael Christensen and grand
son, Andrew, were Bemidji callers
last Friday. u 4. .3:sf .F,. 49,
"Buckskin joe went to Bemidji
Friday, returning Saturday. ~ -
The Durand twins are again back
to our village after attending the
Agricultural college at Crookston.
B. Benson returned Saturday after
having been gone for some days on
business matters. ~ -. %~&% ..,#T
Mr.. Lewellyn, who has been. under
Dr.. Meals care for some six weeks,
left for South Bend, Mimi, very
much improved. ~ f.. 49,, 49, =
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19
X x X K X =
GRANT VALLEY
X X XIX x

| -
Mr.. Phibbs and son, Clynton were
Sunday visitors at the T. j. Wright
home. VI .s5,i I'll 5s 33NS 55 8s VI }35 4
NJ G. w. Kingsbury and family were
Sunday visitors at the home of Al
bert Kheers. sSs.
William and John Stillwell, Clar:-
ence and Lowell Peters and George
Anders visited the Wright brothers
Sunday. +s. N \. n, NJ N s
Mrs. Max Lubbock was a Bemidji
visitor Monday. ~ Z.
a. Mr.. and Mrs. Fred LANCE and chill
dren were Sunday visitors at the
Casper Knapp home. !. q, N
Mrs. Dave Miller and children are
visiting her mother, Mrs, Frank Sill
versack. 3s$a n n: .s. 81. III
Miss Maude Wright Of Bemidji was
an over-sunday visitor with her par,
ents. rs m! &. .s II M
Miss Ruth Steinbrook, who Isl att
tending school in Bemidji, was an
over Sunday visitor with her par
ents. 4, ~. !. II {. u
| Mrs. Edward Hannah and children
were Sunday visitors with, her sister,
Mrs. George Knapp. 81 81 Sss
Rev. M. A. Soper and Rev. Will
liams held services in the EdgeWood
school Sunday. q q AN s,,.s
The EdgeWood school, Dist. No. 5,
twill close Friday: April 20, with "a
school picnic. Miss Alice Butler,
I5the4 teacher and pupils extend a COR
dial invitation to ALL, III d go q.
Rev me- AZ. Soper and Rev. Will,
| liams accountant led by two Saliva
ton boys, conducted services in the
Edgewood school Sunday. 81 as Il;
Miss Alice Butler visited Miss Alice
Huntosh and. Mrs. Melvin Steinbrook
Saturday Sunday, Miss Butler and
Miss Huntosh visited at the II. Isl
| Sfilwell. home, I: -$s %
Joe Knapp called On Fred LANCE
Monday i,3s5.aas. n II 1g.ssz rs.
T. Mrs.aF. LANCE and children visited
Mrs. G Gorge Knapp Thursday. :55s
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19
X X X X X X X X y X X 4 X X X \
X ~PUPOSKY~ !. =
r 4 n K X r x X X 4 X X 4

The Farmers Equity of Pleasant
Valley has Joined with the Puposky
farmers and are meeting in the vii
lage town hall and they now have
on their charter rs members. They
met last Saturday and quite an. or
der of goods was listed and plans
are being laid to build Farmers
Equity warehouse in this village.
There were services in the Cath
olic church Sunday last and they
now are being supplied by Rev. P.
'O'Riordan from Bemidji.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

X kktkk kkkk Xxx Xxx \
= r PUPOSKY 4
* Xxx Xxx kkk X \
(Too late last week.
Henry Durand went to Bemidji
Tuesday to work for the Jewett
Auto Co. ..,. ,"us ss5.5s. ~ 5s y
train visitor to Bemidji Tuesday.
Mrs. Kate Carter care from North
Dakota Tuesday and is visiting with
her parents, Mr.. and Mrs. Charles
Durand. - n .&=.=J .:.
Tie Red Cross circle was enter
tanned at the Charles Dearborn home
last Wednesday and two new, mem
bers were received Into the circle
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

q RI Reed CLOSED a successful
term Of school last Friday with an
excellent program and q line dinner
Z. Mr.. and Mrs. P..tSarff made a trip
to .Kelliher last Thursday after
load Of supplies for their store We
understand that Mr.. Sarff expects to
put his team on the road and run a
grocery wagon in the near future
This will make it very convenient
for the settlers to- have their gro
sceries brought to their door. 4. i
Mrs IA Robert Foy is visiting with
friends at. the agency. 1: !,
We are dnf formed that the free
holders Of Dist. No. %95 have signed
a petition in order to have e-books
and records audited by the public
examiner. The main object for this
examination is to-. inquire into the
regularity and legality Of the trans
actions of trustees. IA .s3 :, = IA. T.: <. :
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

Mrs. H. M. Neal went to Bemidji
Wednesday to have some dental work
done, returning Thursday. s3s Z
Rev. Palmer ana daughter return
ed from Spur IS, Friday morning,
where they had been since Monday,
assisting in the, tearing down Of the
saw mill, the lumber Of which Is to
be. used for the church in Nebish.
M. B.. Mcknight motored to Be
midi Friday, his father, +. NJ. Nc
Knight, accompanying him.
Mrs. William Maher was Bemidji
passenger Friday. ASA ~ l,.. !.
| Mr.. Flanders was a between-train
passenger Friday to Bemidji.
Dr.. Mattick, superintendent of the
Lake Julia sanatorium, returned
from Bemidji Friday. 0 Z
Charles Cramer had house warm
ing Saturday evening and all in at
tendance report "a lovely time.
Dancing was the feature Of the eve
ming. lssz% s ;s sa y;
Mr. and Mrs. Clyde Saddler are
the proud parents Of ababy girl,
coming into their midst Saturday
Ieyening, April IS, Clyde sure had
Zone smile Saturday evening.
The town board met Saturday for
I$the letting OF bids for d fferent work
Ito be done in the township.
Roland Avery had the misfortune
Iof getting a thumb smashed on the
Ihand car while at work last week on
the section. !. g. $$sss ,.t:y
E.. j. Swedba *; motored up from
fBemidji Saturday on busin ess. .{s
sAxel Salonen was a Sunday alleT
at the H. Mackaman home.
sDr.: Neal was taken out in the
M: B. Mcknight car Sunday after
noon to the Matuschek, home, where
he was called by the acciden OF
their son, Joseph, who was trim
ming the horses name and tail. The
horse kicked Joe in the pit8ofS he
stomach with both feet He is rest
ling fairly we'll at the present writ
ling. 4 7s !: ,:z
Rev. Palmer held services in the
Lake Julia sanatoriunl and also in
the M e. parsonage Sunday. q !. y. vs.
Mrs. M. B. Mcknight and son, Will
her, called on Mrs. II. Eli tcher Sum
day afterno mo ss s.J Ms $s
NJ MI The Red Cross circle meets We'd
nesday afternoon at the IL, Ne Neal
residence and Mrs: Neal being APP
pointed at last meeting to be- In
structors Of the surgical dressing
class, opens that depar tent work at a.
this meeting. s.e. NJ
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

Today-Teiepnone the Pioneer Of
Ace. s22, about that news item you
have ii mind. Your guests and
friends will appreciate the courtesy.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19
Plant a.War Garden.

z A Planet Jr. Garden Planter
and Cultivator permits one man
to do the work of seven. j.
There is a pleasure in all
work when you can see results.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

And if you .have room for, q
garden plot you owe it to the
government and yourself to use
t. 49,. =. 49,.
Get a Planet Jr. catalogue at
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

Ralph Mackaman pleasantly, sur
prised his folks, coming home Thurs
day for short visit, NJ IN
Mr.. and Mrs. G. Buzcroff arrived
in this village Friday from st. Paul
with their goods, where they will
make their home *out near Island
Lake. 't7rf%s r, .. Tx
Ed Knapp is spending a few days
with his family, here this week .lzl. & 4
Mr.. Swedberg. of Bemidji was,
around Sunday getting subscriptions
for the st.. Paul Farmers Dispatch,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19
Big Three Electric Washer

would have an electric washer
at once, regardless Of cost? +
The Big Three Electric
washer washes clean, without
wear on the clothes.
Wringer is reversible and
adjustable.
Save time, labor and clothes.
See us about Big Three
Electric or. hand Washer,
Remember, We'd, "Wheatless Day"
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-04-19

4 Say! men, do you realize
what a big job wiley has TAX
ing care of the home and
children?
Girls make so much money
at the Box factory, or as sales
ladies that it is almost impos-
sible to get help for the home.
h
Washer women can not be
found that can come on wash
days or even regular days.
Do you know that if a man
had to do the house work he
The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1918-03-28
GAS AND FLAME REGIMENT
OPEN FOR ENLISTMENTS

Corporal David b. O'Brien of the
local recruiting station, is in receipt
of instructions from the Main Recruit
ing office at FL Paso, authorizing en-
listments in the 30th engineers, Gas
and Flame Regiment.
This regiment is being recruited
from men who want to 20 lover there"
and get into the thickest of the great
est activities at once. For the infor-
alton Of those who might be interested
Corpl. O'Brien has asked that the pub
lie be informed that the physical re-
quirements for this regiment are I'M
usually strict, but that chances for
advancement are unusually good. All
men accepted must have good muscu-
lar development and be capable Of
undergoing active service at the front
These men will be required in the
field of operations to supervise the
American offensive all along the front
in this most important work. This
is a branch of the Service in which
men by quick thought and daring &C
ton may be able to paralyze the en-
emy's advance or demoralize his forces
prior to an attack by our troops, con-