davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 1,169.
Melissa Thompson, Appellee,

No. Il, 169.
Melissa Thompson, Appellee,
VS..
William H. MiIlikin. Appellant.
Appeal from Chautauqua County.
AFFIRMED.
Syllabus. By the Court West, J.
l. Upon the facts stated in the opinion
it is held that the instruments relied on
by the defendants, affecting the plaintiffs
homestead, are void because executed by
her alone, the husband not joining therein
or consenting thereto.
2. The finding that on account of the
defendants absence from the state the
plaintiffs action was not barred held to be
supported by the evidence.
s. The homestead provided for by the
constitution is one occupied as a residence
by the family of the owner. The title being
in the wife, who remained in possession
with her children, the homestead character
Of the property in question was not de-
stroyed or impaired by the voluntary abb
sence of the husband.
4. The fact that the husband entered
and proved up on homestead in Oregon,
describing himself as single and unmar-
ried-the law of that state requiring that
a homestead be occupied only by some
member of a family-did not of itself have
the effect to deprive him of his husbands
interest in the homestead occupied by the
wife and children SO to validate the
Instruments in questio-.
.. Having in good faith explained to the
grantees concerning the long absence of
her husband, the plaintiff is not estopped,
either by such instruments or by her con-
duct or acquiescence, from maintaining
this action.
g. The cross appeal of the plaintiff ex-
amined and found to present no substantial
error.
Johnston. C. J.. Burch. J., Mason. j.,
Porter. j., and Marshall, J.. concurring.
West, j.. and Dawson, J.. dissenting.
+. A true'copy.
Attest: u. A. VALENTINE,
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No. p. 1872.
w r. Wilson and Clara 1. Jordan, APP
pellees,
VS..
s P. CHANNEL. ct al. Appellants.
Appeal from Cowley County.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
/. An Indebtedness owing by an heir to
his ancestor, remaining unpaid on the
final settlement of the estate, constitutes
an equitable lien upon such heirs dis
tributive share of the real property belong
ing to the estate, superior to the lien of a
judgment existing and docketed against
him at the time of the death of his ances-
tor: and. after such final settlement, the
interests of the other heirs in the real
property are paramount to the lien of the
judgment creditor.
>. Such a claim that mentioned in Sec
ton 1 of this syllabus is not affected by
the statute of limitations.
Burch, J., Mason, J., and Dawson, j.,
coneurring-
dissenting.
true copy.
Attest: D. 4. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No. q, 443.
The Atchison. Topeka and Santa Fe Rail-
way Company, Appellant,
II. Wagner, Appellee.
Appeal from Chase County
REVERSED.
Syllabus By the Court. Porter. j.
1. Where an interstate bill of lading con-
tains any provision authorizing the con-
signee to pay the freight an implied con-
tract by the consfgnee to pay the freight
charges arises from his acceptance of the
delivery of the goods under the bill. into
which contract there will be read the pro-
visions of the Elkins Act requiring pay
meft of the full charges in compliance with
the duly established rate: and where the
consignee pays the charges demanded,
which are less than the established rate.
the carrier may maintain an action against
him for the unpaid balance Of the legal
charges.
. In a suit by a carrier to recover
from a consignee the unpaid balance due
for freight charges, where it is admitted
that a schedule of rates has been duly
filed with and approved by the Interstate
Commerce Commission. the presumption. in
the absence of any showing to the contrary.
is that the rates were duly published and
not that the carrier has violated the pro-
visions Of the Elkins Act subjecting him
to severe fines and penalties for failure
to publish the same.
Johnston, C. T.. Burch. J.. Mason. J.,
Marshall. J., and Dawson, J., concurring.
West. J., dissenting.
true copy.
Attest: D. A. VALENTINE,
(Sealo Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL
Continued from preceding pagel
No. 21.4Ji.
J. l. Case PIow Works, Appellant,


Continued from preceding page)
No. n. +Ji.
J. l. Case Pillow Works, Appellant
H. o. Tborne, Appellee
Appeal from kingman County.
AFFIRMED.
Syllabus By the Court Porter, }.
After appointing defendant Its Local
dealer to sell its plows, plaintiff wrote MN
proposing to ship him a certain pioW II
had previously sold in his territory
through its travelling salesman and TO
charge him the wholesale price, with oirec-
tions that upon delivering the pillow ne
should make settlement in his favor with
the purchaser and take the latters notes
which would leave him a small profit The
unless hear from you to the contrary
will proceed above. The defendant
made no, reply to the letter and plaintiff
shipped him the pillow and charged his ac-
count with the price. Before the pillow was
delivered defendant notified the travelling
salesman that he would have nothing to do
with the transaction. but agreed at the
request of the salesman to receipt for the
pillow and turn IL over to the purchaser
which he did In action against the
dealer to recover the purchase price, held,
tain finding of apparent authority in the
travelling salesman TO make the arrange
ment carried out. and that the contract
sued upon never became effective because
there was no acceptance of the proposition
for the purpose stated in the letter.
All the Justices roncurring-
4 true copy.
- Attest: u. A. VALENTINE,
(Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. q, IFS.
NJ. s. Evans, Appellee,

NJ >.
,.n ris' t p,sni s. A,|Reelels on,,,
AFFIRMED.
Syllabus. By the Court. Dawson. J.
1. Findings Of fact upon which a judg-
and ditch was based, examined, and no
substantial conflict discerned therein.
lower elevation eetes than depre.siou IN de-
PENDANTS land, and INTO which waters
from defendants depression flow in times
waterconrse into which the defendant may
lawfully drain sthe. waters from bis de-
preston under section Of chapter 11S OF
3. A depression into which surface and
standing waters may be drained i Is not
because flood waters from a neighboring
river find their way into that depressica
4. Where there IS room for differences
OF opinion in the determination Of an ulti-
mate and controlling fact, the opinion end
Judgment of the trial court thereon 10 cos
5. Defendant constructed a drain snd
ditch on his own land, in the natural
course Of drainage towards the land 81
plaintiff. which drain and ditch dis
sion on plaintiffs land. but such lower
depression was not natural watercourse-
Held that such . ditch and q, Drain were
the Laws of 1911 nor otherwise, and were
properly enjoined
All tile Justices concurring
Attest: d. A. VALENTINE,
tseal) Clerk supreme Court
No 21,17o.
Elias Duncan, Appellant,
The Benton & Hopkins Investment conf.
pany, ct al. Appellees. -
Appeal from Sheridan County. -
REVERSED.
Syllabus BY the Court Marshall =.
I. Where a Judgment Is rendered by q
justice Of the peace of one county. and {
transcript of the Judgment is f1led witn
the clerk Of the district court of that ceur-
ty. and a copy Of that transcript is filed
with the clerk of the district court Of
another county. and an execution is issued
thereon in the latter county, on which ex-
ecution a sheriffs sale of real property
is made. and the sale is confirmed. ard
the sheriffs deed is afterward issued. the
execution, sheriffs sale. confirmation, and
sheriffs deed are void for tie reason thsft
the district court of the latter county h
/ without any jurisdiction In the matter;
deed afterward conveys the real property
TO other parties. the execution, sale. COM
frmation. sheriffs deed. and subseque4f
conveyance may be attacked and set aside
in an action brought for that purpose. 4
petition which alleges the facts above
described states cause Of action
2 An attempt to redeem real property
ton that Is void for want of Jurisdiction
4 in the court to issue .-ie same. does not
rat;fy the proceedings cure the defect
in the Jurisdiction
4 All tine Justices roneurring.
true copy.
| Attest: D. A VALENTINE
! >1seaiJ Clerk suptSme cs1rt
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

Attest: d. A. VALENTINE
(SeaL) Clerk Supreme Court.
Omaha daily bee., 1918-05-11
PeODle and Events

A Bible printed in 1885 brought $4,000
at auction in New York City. A more legib1e
one can be had for 81, but would fall short
in volume of curiosity.
One of Brooklyn's slackers sought to duck
duty by arranging marriage with a woman
for money consideration. The bargain in
cluded subsequent divorce, but the divorce
court refused to sanction the deal and the
Stacker remains hitched and in Jail as we'll.
A ruling handed down by Judge Pollock
of the federal bench of Kansas solemnly
warns the favored few travelling on railroad
passes that they do so at their own risk
They cannot enjoy the luxury of free rides
and at the same time soak the company for
personal injury. In other words the pass rider
may not do the company going and coming.
The marshal of Webster Grove St. Louis
suburb, while roaming in nearby woods
stumbled on cache of metal money in
halves, quarters and dimes. They were good
to look at' and almost filed the marshal's
hat. Great stuff for a campaign and dinner
tor the winners, thought the marshal as he
lugged the load to a bank. Take it awavp
shouted the cashier. "Phony coin." The mar
shaI IS now sleuthiRg for the counterfeiter
Down in Louisville, where Kentucky de-
mocracy blooms perennially, the board of
aldermen, democratic to the core, has
thrown on the screen characteristic pic
ture OF camoutiaging voters with a platform
built to. get in on. The aldermanic Office is
an unsalsried one, but that makes no differ
ence. As the immortal Campbell remarked,
Whats the constitution between ffiends?"
Ihe Louisville aldermen took the Campbell
hunch and voted themselves salaries aggre-
eating $4,000 year. Can Won heat ;t7
Omaha daily bee., 1918-05-11
srop THIS ROTTEN FEE GRAFT.

Treasury looting by the fee graft route per-
ssts here in only two places. In defiance OF the
law passed by the last legislature, "Fee-Grabber
Bob" Smith, in the court house, Is still trying
to line his pockets with money taken in for
naturalization fees, and City Health Commits
soner connell, in the city hall, is still absorbing
public funds claimed a. fees for compiling vital
statistcs-both of them in addition to liberal sal
aries allowed by law.
The fee graft in the district clerks Office must
be dealt with elsewhere, but the fee graft In the
health commissioners Office cannot continue, ex-
,cep. with theaacquescenee Of the newly elected
city commissioners. Taking their promises OF re-
form and retrenehment at face value, we look to
them to stop this abuse so often denounced and
constantly fought by The Bee. II scotched at the
start the evil can easily be- eradicated and the
refusal Of the city authorities to stand longer for
this rank graft game may spur the responsible
county authorities to close in on "Fee-Grabber
Bob" and wipe out the last remnant Of private
perquisites in public Office.
Stop the rotten fee graft in the city hall right
now--in the court house next
Omaha daily bee., 1918-05-11
Shipbuilders Making Good.

The United States Shipping board is before
congress asking for $4,000, 900 900 appropriation
for the continuance Of its campaign. This huge
sum Of money Is to be expended in producing
ships that will carry our men and munitions to
France during the war, and be turned into the
carriers of American commerce after the war.
The shipping board asks for It in full assurance Of
obtaining hearing, because it can show re-
suits. Since August Of last year l22 ships, aggre
eating $4,000 tons, have been turned over to and
accepted By the United States and are now in
service In April 10000 tons of shipping left the
ways and slid into the water. and shortly al Of
that will b IN service Based on the April record
The shipyards are producing 1000 tons Of shipping
daily. and the entire capacity has not yet been
tested. Miracles Of construction have been and are
being accomplished under the spur Of the war,
that America may fulfil It's pledges to the world
Our shiphuilders have followed the lead Of the
army and are making good
Omaha daily bee., 1918-05-11
As to the Soldier Vote.

'Most of the soldier boys were not sufficiently
interested to mark their ballots and mail them
back to the old home town."-World-Hera
II does not follow that the soldiers were not in
terested, but more likely that they were unable
to make a self-satisfying choice from a list of
names for the most part unknown to them with
nothing to indicate who the candidates were what
their qualifications or what they represent. Were
they furnished ballot bearing party labels, they
might have voted for their preferred party can
didates. but to pick names out Of nonpartisan
ballot with no other Information than what the
ballot offers Is too much IKE shooting In the
dark If the soldiers in camp are to exercise this
suffrage right, some arrangements must be made
to provide them with who's who" Of the can
didates 50 they can vote intelgentiy and con-
Scientiousiy.
Omaha daily bee., 1918-05-11
Increase In Railway Wages.

The recommendations Of the wage commits
sion to the secretary of treasury, looking to a
general increase in pay for all railway employees,
Is coming in for 4 good deal Of comment and
some criticism. This latter is from the highest
paid class Of help, those whose pay has been in
creased until 1t has come up to fairly reason
able point. Whether their voice will determine
the actoa OF the secretary in his final decision,
or whether he will look to the situation Of the
unorganized and underpaid men and women,
whose numbers far exceed those Of the well or
ganized brotherhoods is to be determined. The
fact Is that clerks, station agents, section hands,
freight handlers and many others, whose pay has
never been big and who have had no substantial
advance in many years, are the ones that most
deserve consideration just now. Others whose
unions have protected them and secured for
them from time to time advance in wages may
we'll put up with the smaller increase proposed
just now, that their less fortunate fellow work
ers can have something nearer to decent pay.
Conditions justify this and fairness demands it.
Omaha daily bee., 1918-05-11
Sidelights on the War

A national exhibition was recently
held in Berlin to popularize the use
of paper clothing.
In an effort to secure additional
gold in Germany. engagement rings
have been suppressed.
A recent report Of British experts
favors absolute abstention from strong
drink. but supports the, use Of light
wines and liquors.
DR.. D. A. Polling, superintendent Of
the United Society of Christian En-
deAvor, recently returned from France,
rates our army's morals higher than
those Of civilians.
General Leonard Wood tells us that
I'VE are only at the beginning now.
My word to you is to save everything
you can. Produce everything you can.
Do everything you can-and we will
make the world safe for democracy"
At cost Of $4,000. 900, 900, we are
now making 1880 Springfield rifles
a day, 10000 pieces Of motorized ve-
hicles smokeless powder at the rate
Of 100000 pounds day. 1880, 900
automatic pistols, and $3.50. 900, 900
rounds Of ammunition for 100000 ma
chine guns.
Germany's eighth war loan. recent
ly closed. comprise two classes Of Sc
curities---S per cent In stock and-4M
per cent In treasury annuities, The
former was issued at sS. The latter
10 really short-time loan. one-tenth
redeemable January 2. 1919. at 10.
which represents an annual interest
rate of more than 5M per cent. On
the-seven former loans, 1,500. 900 900
marks Of interest was due April 2.
| last.
Omaha daily bee., 1918-05-11
TQ[1AY.


&ts~ ASAk nv AVuny Al ulc WuE.
Elihu Root named to head the
American mission to Russia
British and French cnvoys given
nnemorable banquet - climax to New
York ovations
Chinese House Of Representatives
refused to. adopt resolution declaring
var on Germany.
1ho Nay We Celebrate.
frank H. Turney of the r. II.
y Tufney = Co, born 1877.
Major General Ebon Swift, head Of
The American military mission to
1taly: born In Texas "a years ago.
John b. 6choeffel, one Of the oldest
np6 most prominent Of American
thettrical managers. born 70 years
CHARLES W. Fairbanks, former vice
president Of the United States, born
a - Onion county, Ohio, 66 years ago.
N. Robert =. Aley president OF
no University Of Maine, born at Coal
Ctt& nd, S. years ago,
~ Day IL History.
1814--Robert Trent Paine, Mass
; 4rhpsetts signer OF the Declaration of
lndependence. cied In Boston. Born
&Nefo, March IL, 1881.
The surgical operation known
~ &he ligatiOn OF the innominate ar
&fry Na8 performed for the first time
Bf Dr. Valentine Mott of New York.
y 3@4-~4el .orial services held at
~ York navy yard over bodies OF
u oellsfs and marines killed At Vera
Omaha daily bee., 1918-05-11
Whitfield to q, Point

Washington Post: Just add O. poste
script to the letter to the boy over
there that you have bought another
Liberty bond.
Brooklyn Eagle: General Pershing
has Joined the Protestant Episcopal
church. He will\ not be lonesome.
There are 10000 men Of that church
in arms.
Baltimore American: With his
brother-in-law in the enemy forces
and his mother-in-law banished. the
Emperor Charles OF Austria will be
hard pushed for q goat in his next
indiscretion unless he falls back on
the cook.
Brooklyn Eagle: Napoleon spent q
week at Calais and Dunkirk talking
to fishermen and smugglers with his
confidants, Lannes. Sulkowsky and
Bourrienne. They asked him II he
thought he could invade England
when he had gone over the situation.
And he replied: ut is too great risk:
I will not hazard it. I would not thus
sport with the fate of France" And
the Germans are just as easy to down.
The Channel moat remains England's
strong defense.
New York World: Napoleon. accord
ing 10 Wellington, excelled all COM
manders In his power Of concentrating
vast masses of men. and Joffrs after
the battle of the Marine said that if
Napoleon were living he would find a
way to victory. So far that way has
not been found. and 1t yet remains
to be seen whether Foch er Hinden-
burg surpasses in the art of concen-
trating masses Of men at critical
points. The general capable Of that
may decide the war
Omaha daily bee., 1918-05-11
War Taxes and National Budget.

Secretary McAdoo has put a stopper on talk
OF early adjournment of congress by asking for
additional revenue, which will necessitate fur
ther legislation. This need has been apparent
since congress convened in December, but for
some reason the leaders have avoided the issue.
In addition, the letter of the secretary of the
treasury to Senator Simmons discoses an aston
ishing discrepancy between treasury estimates
and the amounts requistioned by heads Of other
departments. Instead of the huge sum of $l5,-
000,000000 asked for the military establishment
by the secretary of war, the treasury estimate is
IS, o,ool 100000; navy estimates are reduced from
81 $780, 900 to $8l6000Oo0 the shipping boards
request for $3.50, 100000 Is cut to $900,000000
Here Is difference of seven billions of dollars
between the several estimates. :
II the spectacle argues for anything, 1t Is for
the adoption Of budget plan, whereby accurate
and closely balanced allowances may be sub
stituted for the present haphazard methods of
making appropriations. 1t was promised by the
democrats last October, when the first war session
reached an end, that for the future all appropra-
tions would go to single committee, that
amounts might be more carefully governed. This
was not carried out in practice, though and each
department besieges congress with Its own esti-
mates and requests for money to the limit. That
many appropriations made have been extrava-
CANT Is generally admitted and that nearly all have
BEEN founded on guesswork is also true.
Increase in taxation will be patiently borne
by the people, who are willing to make any sac
rihce that will win the war. 1t is due to them
that the enormous sums of money 50 generously
contributed be expended with prudence. This
can only be brought about when 4 closer and
frmer control is maintained over machinery by
which revenue is distributed for disbursement
Omaha daily bee., 1918-05-11

grounds back of Shaw & Fields ware
house.
Articles Incorporating the Omaha
Type foundry were filed with the
county clerk by A. v. Brown, II. p.
HalFock. H. ]. Pickering and s. p.
Rounds, jr. The capital Of the COM
pany Is fixed at $4,000.
Nineteen young men assembled at
the residence of DR.. Denise for the
purpose Of organizing q committee to
assist in securing the money required
to complete the Young Mems Chris
tian association building.
Omaha daily bee., 1918-05-11
Twace Told Tales
What He Knew.

An Ohio man whose son was an
applicant for a position in the federal
civil service, but who had been re-
peatedly turned, down." said:
ITS sure hard luck. but Bill has
missed that civil service again. 1t
looks like they just won't have him.
that's ALL"
What was the trouble?" asked the
friend.
We'll, he was kinder short on
speliin' and geography, an he missed
good deal in arithmetic"
What's he going to do about it?"
i don't know" said the father.
Times are not SO good for us, an !
reckon he'll have to go back to
teachin' school for a livin'."-Every-
body'S Magazine,
Omaha daily bee., 1918-05-11
Just so Years AGO Todag

william Annis, William Burdick, ].
]. Cooney. John Flynn. John Messitt.
Leu Sowders, p. ]. o'Connell, James
Burns, ed Cassian. John Doran,
Thomas Lovett, Joseph Miller. Daniel
Shannon, George Wilson, Ed CAST
field and John Healey are the names
Of the members of the Omaha base
ball team.
The Omaha Gun club held its
first shoot Of the season on Its
Omaha daily bee., 1918-05-11
flushed.

II think your staring annoys those
young ladies'" said the policewoman,
who was in plain clothes.
That's ;. all right I'm the chicken
"Oh, you are, hey? Well, you
might call me the game warden. so
to speak. Courier-Jour-
nal. ..~' i
Omaha daily bee., 1918-05-11

II the republicans were In control OF the
United States senate the only parallel to making
Hitchcock head Of the foreign relations COM
mistee would be to put La Toilette in that posi-
tion. Can you hear The outburst Of indignation
that would come from patriotic Americansf
Omaha daily bee., 1918-05-11
One Of the Units.

Speaking Of units, as we often do
nowadays. Londoner had occasion to
pay frequent visits to an eminent
physician. and he said one day to the
attendant: You will be tired OF open
ing the door for me, James"
Not at ALL sir" was the gracious
reply; you are but a hunt In the
hocean, sir Boston Transcript.
Omaha daily bee., 1918-05-11

Federal pursuit Of local slackers will have
support Of all but the draft dodgers themselves.
Omaha has not many Of this ilk. but one Is more
than We need.
Omaha daily bee., 1918-05-11

Looks little as II one or two Of the commits
aIoners who got the highest vote are nonetheless
doomed to play the role Of orphans"
Omaha daily bee., 1918-05-11
Charming Innocence.

Bessie came running to her grand
mother holding a dry, pressed leaf,
obviously the relic Of a day long gone
by. 81 found it in the big Bible,
grandma" she said. do you s'pose
it belonged to Eve ?"-Boston Tran
script.
Omaha daily bee., 1918-05-11

just try to imagine Bryan still secretary Of
stste and Hitchcock chairman Of the senate COM
snittee on foreign relations. 1t would be almost
= exciting IS Jimmy" Gerard shaking his fist un-
der the kaiser's nose on the movie screen.
Omaha daily bee., 1918-05-11

The Koelnische Zeitung sees great danger to
Europe in America. To certain parts OF Europe
tie danger Is both apparent and real
Omaha daily bee., 1918-05-11

State Treasurer Hall denounces the proposed
renewal of the potash leases knocked out by the
shpreme court to be gigantic steal" He's got
the correct words.