davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 21.192.
Minerva Catlin, Appellant.


william Deering & Company, ct al, APP
pellees.
Appeal from Barber County
AFFIRMED.
Syllabus. BY the Court Mason, "
1. Mere irregularities in the conduct of
omission to cause an apprasement. where
that is required. the failure to name
an hour in the notice of the sale. can afford
no basis for attack upon the sheriff q
deed. after a decree of confirmation has
been rendered from which no appeal has
been taken.
. A sheriffs sale of real estate made
under a valid order of sale and q void exc
cution is rot nulity. and after it has
been confirmed and the decree of confirm
ton has become final the title of the pur-
of the invaliditv of the execution.
?. Where sheriff's sale of real estate
made under an order of sale based on the
foreclosure of a mortgage. and also under
the expiration of the period of rndemntfon
a deed has been executed the title of the
grantee is not omen TO attack on the ground
that the land sold WIS occunied home
stead and Was therefore exempt from sale
on general execution.
All the Justices concurring-
Attest n VALENTINE.
tSeal-1 Clerk Supreme Court
IT,, MIA u.+ NJ SSo p. P,.v co,no-..,,.
Appellee.
Mrs. ]. NJ. Miller ct al Constituting the
Kansas State BOARD of Review. APP
Appeal from wyandotte County
nivision No. ::
REVERSED AND RENAMED.
syllabus. BY the Court Johnston G. }.
1. Under the act relating to motion pic
ture films fchapter EOS of the Laws of
1917. the Kansas state board of review is
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
d. A. VALENTINE,
Clerk Supreme Court.

No. 81 jog.
L. D. Lessen, NJ. Reinberg and Title Lessen,
Appellees,
VS..
Ben Harris. Appellant.
Appeal from Cherokee County.
MODIFIED.
Syllabus. By the Court. West. j.
L. To the petition to recover on a writ
ten contract for the payment of money the
answer set up an additional written con-
tract made at the same time and also a
verbal contract varying the terms of the
written Instruments. Held, that under the
primer and hornbook rule such oral agree
ment properly disregarded.
2. The petition alleged ownership by the
plaintiffs of certain lease, a part of the
consideration for the written instrument
sued The answer pleaded failure of
consideration and contained a general de-
NAL. Held, that it was error to render
Judgment for plaintiffs on the pleadings.
3. The motion to make the petition more
definite and certain was properly overruled.
All the Justices concurring
A true copy.
Attest: d. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. II 193.
The Studebaker Corporation. Appellant.
VS..
W. J. Bell. Appellee.
Appeal from Lyon County.
REVERSED.
syllabus. BY the Court. Porter, J.
In an action on a promssory note exc
cuted by defendant as principal and two
others as sureties, the answer pleaded pay
ment to the suretieS and that they were
agents of the payee and authorized to re-
ceiye payment. Held. that the finding
upon which the judgment in favor of the
defendant rests. is contrary to the evil
dence and the undisputed facts.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 21.250.
j. Il. Ladd. Appellee.

No. u .25O.
J. Il. Ladd. Appellee.
VS..
F. W. Flato Appellant
Appeal from Greenwood County.
AFFIRMED.
Syllabus. BY the Court. Dawson. ].
Record examined and held sufficient to
Justify the trial courts decision that an ap-
plication for u continuance on account of
sickness of a litigant was not made in
good faith. that the pretended sickness was
only feigned, and that the purpose of the
application was merely to hinder and delay
the administration OF justice.
All the Justices concurrfng.
A true copy
Attest u. A. VALENTINE,
tSealD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. u .693
The Board of Education of the City of
Wichita. Plaintiff.
L. w CIapp. as Mayor of the City of
Wichita Defendant.
Original Pro :, zee hHs IN Mandamus'
Section 90S1 of the General Statutes of
1915 has been repealed by chapter 26S OF the
All the Justices concurring.!
A true copy. -
s(SeaID Clerk Supreme Court.
No. y sol.
In Charles Wright. Petitioner.
Original Proceeding in Habeas Corpus.
WRIT GRANTED.
Syllabus. BY the Court. West, J.
The Union Traction Company operates
an fnterurban line some ninety miles in
length from Nowata: Oklahoma into and
through CoffeyviIle, Independence. Cherry
vale and Parsons in this state. all under
one management and from one power
city of Independence are operated four
cars for local service. at least one of which
is also operated over about three miles of
rested for violating city ordinance re-
quiring these local ears to run to a given
power to make this requirement rests ex-
lvclusively with the public utilities commits
sion.
All the Justices concurring.
Attest: d. A. VALENTINE,
(Seai) Clerk Supreme Court
No. y, Az
The State of Kansas, ex rel, II. o. Caster,
ct al, Plaintiffs,
The Southwestern Bell Telephone Company,
Defendant.
Original Proceeding in Mandamus.
WRIT DENIED.
Syllabus BY the Court Mason, j.
1. This court has Jurisdiction to enforce
by mandamus an order of the utilities COM
mission, Notwithstanding the pendency in
the district court OF an action to enjoin its
enforcement.
=. In mandamus to require a public
utility to re-estabIish service or practice
which it has discontinued without the con-
sent of the utiilties commission, no inquiry
will ordinarily be made into the question
which the utility should be or could be
compelled to maintain permanently, that
being a question to be passed upon in the
first instance by the commission; but
where the utility has already in a pro-
| ceeding before the commission to which it
was made party, shown to that tribunal
the existence of facts that would have
compelled the granting of such consent
if it had been asked. obedience to an order
of the commission directing the restoration
of the service will not be compelled by
mandamus, merely because of the failure of
the utility to procure such consent in
D. The gratuitous allowance by one tele-
phone company of the use by another COM
pany OF line owned by it,, constitutes a
discriminating practice forbidden by the
statute. and therefore is not one which the
utilities commission can require to be con-
tipued.
| line between two places does not constitute
| an Objectionable change in a practice per
tanning to service, where the company
owning it has established another line
although not direct one. between such
places, by means of which all business be-
tween them is efficiently handled, with
out detriment to the public or to indi-
| viduals.
| All the Justices concurring.
true copy.
Attest: d. A. VALENTINE
(Seal-) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 21,112
Montgomery County National Bank, Appel
liant.

No. 21,1I2
Montgomery County National Bank, Appel
liant
/. w. Wherry, Appellee.
Appeal from MOI ,gomery County.
Reversed and demanded With Instructions.
Syllabus BY the Court Dawson. J.
1. Where a MORTGAGE takes charge of
mortgaged chattei property on the default
but only succeeds in making conditional
and abortive sale, the price fixed in the
conditional and abortive sale is not neces-
sari'y a fair and reasonable basis for de-
termining the true value of the property.
p Where mortgage takes charge of
chattel property owing to the default of
his debtor. the mortgagor, 1t is the privilege
Of the mortgage under the expressed
terms of the mortgage, to sell the mort
Gagged property outright. but the MORTGAGE
has not the right to make conditional
version of the property to make such con-
ditional sale of il. and the mortgage Is
liable to the mortgagor for the fair and
reasonable value Of the property at the time
of such conversion.
All the Justices concurring.
true copy. -
Attest: u. A. VALENTINE,
(Seal) Clerk Supreme Court.
No. 21.115.
Grove C. James. Receiver, Appellant,
X. Z. Williams. Appellee.
Appeal from Cherokee County
AFFIRMED.
Syllabus BY the Court Burch, J.
l. For the purpose of accomplishing an
equitable result, mortgage lien may De
kept alive and enforced after the lien
claimant has placed himself In position
personal obligation of the mortgagor, or
of any one else for satisfaction of the debt
2. The, holder of mortgage on real
Uses. in lieu of his mortgage. The deed was
made by grantee of the mortgagor, who
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. 81 224
August Burzio. by his next friend, Pauline
Burzio, Appellee,
The Joplin G. Pittsburg Railway Company,
Appellant.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
1. Where a jury has been properly in
structed concerning negligence and reason
able and ordinary care and diligence, the
answers to special questions which depend
for their Interpretation on the definition
of those terms, state facts and not CON
illusions of law.
q The negligence of a father in driving
an automobile across a railroad track with
out stopping, looking, or listening, cannot
be imputed to his ten year-old son who is
riding with him.
g. Liability of a railway company for in
juries to those riding in an automobile
sustained in collision with a train ut a
highway crossing. may be founded on the
company's negligence in allowing weeds
grass. and brush to grow its right of
way so as to obstruct the vision of those
riding in the automobile while they are
approaching the railway track.
f. The general verdict must stand where
the answers to special questions, when
properly Interpreted as to support that
verdict, are consistent Herewith and do
not contradict each other.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE
tSeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 20,969. g
George 3. Murray, Appellee,

No. 2O969
George 3. Murray, Appellee
Charles Murray. Florence -Deming. Frank
Murray, Percy Murray Eva Piper. and
Frank Dawson Administrator of the
estate of o. c. Dawson, Deceased Ap-
Appeal from Sherman County,
AFFIRMED.
Syllabus. By the Court. . West. J.
l. A wife while living with her husband
in this state decided to her children certain
land owned by her. the husband not join
ing. Shortly thereafter the wife died and
fourteen years later the surviving husband
brought this action for partition, the land
not having been the homestead of either
nor judicially sold Necessary for the
payment of debts. No application was
made by the husband to the probate court
for allotment Held. that he is entitled
to maintain the action. Gen. Stat 1915
IS 1881 and $500.
.. Tue plaintiffs allegation that the wife
was unduly influenced to make the deed
is immaterial she could not whether
unduly Influenced or not convey his in
terest in the land without his consent
J. BY virtue of sections 1881 and 1874
of the General Statutes of 1915 one-half in
value of such land vested in the husband in
fee simple upon the death OF the wife
the allotment provided for in such sections
being for the ascertainment merely and
not for the vestinE of such title.
All the Justices ooncurring
true copy.
Attest: II. A. VALENTINE.
(Sefl) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

NO. 2l,2O9.
The State of Kansas. ex rel, S. NJ Brew
ster, Attorney General Appellee,
The Topeka National Live Stock Insurance
Company, The Central National Mutual
Hail Insurance Company, ct al, and Clay
Hamilton. Receiver Appellee, James
Burns Intervenor, Appellant
Appeal from Shawnee County. First
Division.
AFFIRMED.
Syllabus. By the Court Marshall, J.
Where one contracts with the state agent
of an insurance company to render service
for the agent and renders such service
under the contract. the contractor must
look to the agent for his compen sation.
All the Justices concurring except Daw-
son. J.. who did not sft.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supren Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. 81 1874.
The Empire Cream Separator Company,
Appellant
f. c. Abbott, Appellee.
Appeal from Riley County.
AFFIRMED.
Syllabus BY the Court West, J.
Evidence and findings examined and the
latter are held not to be inconsistent or
unsupported.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

icrald 5. Coburn and Il. J. Bosher APP
pellees,
The Birmingham age-herald., 1918-04-13
American Just Back From the Front in France Tells
 How Pershing's Men Fight

New York, April 12-A raid by a party of POO Germans on portion of Ameri- can held line, in which all but 20 of the attacking force were accounted for by the defending Americans, was de- scribed by Raymond Starbard. an ad- jutant in the war work organization Of the Salvation Army, who arrived here today, after having been within range of German artillery on the western front for seven months.
 In making a report to his headquarters here, Starbard, whose home is al Worcester, Mass, sad:
 The raid occurred March '. One Ger man Ca member of the attacking party) leaped to an exposed position. and in very excellent English shouted: Come on out, you American dogs, and fight. Before he could leap back to safety, one of our men had thrown hand grenade, which took off both his legs Then en- sued a fierce encounter, in which the Americans accounted for 1SO of the Ger mans out of an original POO in the raid ing group
 Gradually the German fighting forces are becoming disabused of their idea that the Americans are not "scrappers, Starbard declared. Men of the allied forces on the battle lines are confident of victory, he added.
The Birmingham age-herald., 1918-04-13
HOME RULE FOR IRELAND COMES
 ONE STEP NEARER Constitutional Convention, After 8 Months Work,
 Submits Report NO UNANIMOUS VOTE ON FINAL DECISIONS. Plan Presented, However, Is Basis on Which Gov ernment Can Work
 Out Solution

London, April 12.-lreland has taken a step nearer to home rule. The Irish convention, which met at Dublin for eight months considering the prob lens besetting the island, has submitted to the British Par lament a plan which, while not the unanimous decision of the convention, represents basis for agreement on some of the questions that in the past have prevented all the parties of Ireland from acting in har- mony.
 The plan calls for af Irish Parlia- ment modelled after that of the em- pire, the authority of which would not be diminished. An executive responsi- ble with powers over internal legisla- tion, administration and direct taxa tion also is provided.
 To meet with objections from union ists. it is agreed that a 40 per cent representation in the proposed pariia- nent will be guaranteed them by the dominating nationalists. Provision also IS made for extra representation from Ulster.
 Minority reports were submitted by the Ulster unionists and the minority faction of the nationalists
The Birmingham age-herald., 1918-04-13
Petition of w. Shan Henry for Executive Clemency
 Denied by Pardon Board

Montgomery, April Special )-W. Shan Henry of Jefferson county. who was accused of complicity in the wreck ing of passenger train in Jefferson county several years ago, but who was convicted of grand larceny in another case, must continue to serve a 10-year sentence in prison if Governor Hender- son supports the state board of pardons The board Friday announced that it had declined to recommend clemency in Henry's case
 Henrys release was requested by Judge William E. Fort, before whom he was tried. Judge Fort said he had a wife and three children who needed his help. and that he had been assured that Hen rvs prison service had been satisfac- tory, and that a marked change for the better had been seen by prison officials
 The board also announced that 1t had declined to recommend clemency for Dick Parsons of Tuscaloosa county, for whom large delegation of citizens of Tusca- loosa county appeared at the monthly meeting of the board of pardons Tues day.
 Clemency was recomm ended by the board in the following cases Arthur Kennedy, Lauderdale; Henry Muse, Au- tauga; Grant Ricks Jr, Colbert: Elias Parker, Mobile; John Green, Jackson; Raymond Williams, TaIfadega: Henry Roberts, Limestone
 Restoration of civil and political rights was requested in the following cases James Butts, Washington: Henry w. Ahern. Mobile.
 In the following cases the board de- clined to recommend clemency: Sam Vaughn. Tuscaloosa; Luke Daniels, Montgomery: Thomas Harvey, Jefferson Frank Kelly Talladega; Carl Wilson Limestone: Arthur Smith, Franklin; Owen Thompson, Choctaw; Dick Parsons, Tuscaloosa; Henry Whatley, Lee; Ali Norrell. Autauga; John Bryant, Jeffer- son; Edward Mason, Morgan; Hardison Cofield, Randolph; Will Philpot, Chero- kee; Shan Henry. Jefferson; Julius and Jesse Williams, Autauga; Andy Gore, Randolph: Jesse Steger. Cullman; Will liam Wa1thall, Jefferson.
 All other cases went over until the next meeting.
 Montgomery, April 2.--tSpecial. )--Three paroles announced by the executive de- partment Friday follow: Jim Brannon, Jefferson, six months and $500, crime not given; James Glenn. Pike. carrying con- cealed weapon, $500 in two cases and 90 days additional: J. J. Pounds, Elmore, manslaughter, 10 years and one day; Senior Mansfield, Pike, no crime and sentence mentioned.
The Birmingham age-herald., 1918-04-13
Hubbard Bros. & Co.'s Letter

New York, April 12.--The severe de- cline today is due somewhat to the reyerses to the allied forces in France which in turn has brought to notice of holders the large quantity of cot ton that remains in the supply in tat5 country, which has not yet passed into the hands of the spinners. Exports being barred. have caused accumuia- ton of cotton which. so long as spin- rers continued buying on advancing markets. were not for sale. As spin ners hesitated because of some threat ened control of their output they did rot buy so freely. Local traders have looked for q reaction all day, only to become overloaded with the cotton from the south.-Hubbard Bros. & Co.
The Birmingham age-herald., 1918-04-13
DEATHS

R add Clay-Aged 30 years, died yes- terday at local infirmary. Re- mains will be shipped to Altoona this morning by Johns.
 Mrs. Paul Lee-Aged 7s. died yester- day morning at the home of her daughter, Mrs. J. S. Marks, 1880 Four teenth avenue, south. She is sur- vived by one son. Joseph F. Lee of Sheffield, and three daughters, Mrs. Herbert F. Herbe of Colorado. and Mrs. John s. Marks and Mrs. Louis f G. Woodson of Birmingham. Funeral services were held last night at the residence, the Rev. w N Claybrook of St. Mary's-on-the- Highlands of- ficiating. The remains will be shipped this morning by Johns to Montgom- cry where interment will be made in the family burial lot.
The Birmingham age-herald., 1918-04-13
GERMANS PLANNING
 GREAT NAVAL RAID.
 IS INDICATION

Geneva. Switzerland. April IF. Great activity rcigns at German naval hases. especially at Ixiel. Coal and am- munition are being shipped to the fleet in large quantities, according to information received here this morn ing from n reliable neutral source.
 German naval contingents, with heavy guns, were recently recalled from the western front to join the fleets and were replaced by Austrian artillery manned by land forces.
 Indications are that naval raid of great magnitude is about to be att tempted.
 London, April 12.-In the House of Commons today J. I. MacPherson, par Iiamentary under-secretary of the war office. informed questiOner that steps had been taken to construct s HYitish gun capable of throwing a shell more than so miles.
 Rome. April 12.-Lively fighting along the most of the Italian front is reported in the official statement is- sued by the war office.
The Birmingham age-herald., 1918-04-13
LONDON PAPERS REVIEW SITUATION
 ON BATTLE FRONT
Germans Are Said to Have Massed 100000 Men on Line Only Twenty-Five
 Miles Long

London, April 12-The London Even- uation on the western front state that in the wytschaete region the Germans failed to get the main crest of the ridge. The Germans have taken the village of Messines, while the Brit isil are holding the outskirts.
 Attacks on Wytschaete and the Mes sines ridge failed, the Germans los- ing very heavily in their attack.
 17 DIVISIONS ENGAGED
 At least IT divisions are engaged on the German side on the front from Hollebeke to Givenchy, the reviewers declare that being the number it is estimatd have been thrown into the fighting up to the present.
 (This would mean that the Germans rut more than 100000 in action so fer on this comparatively narrow front of approximately 25 miles, or some 5000 men to every mile of frontage.)
 ATTACK TURNS WESTWARD
 The reviewers point out that the Germans. checked in their advance to- ward Bethune, have turned westward with the idea of developing a suc- cess in the direction of Bailleu, which is an important railway center, and Hazebrouck, about 14 miles west of 'Armentieres. They point out that the enemy is now within short distance of Bailleul and that his advance in the direction of HazebrouclS has taken him rather more than half way there from his original starting point.
 The enemy's flank in the direction of Bethune and the remaining coal area of northern France is a compar- atively broad one, making it appear that he may intend, if checked west ward. to renew his pressure soutn- ward On the other hand. it is point ed out the enemy is advancing over flat, intricate country, and has not yet obtained foothold on any of the hills.
The Birmingham age-herald., 1918-04-13
BOARD OF REVENUE FIXES THREE-MILL TAX
 LIMIT AT 25 YEARS

The board of revenue, at the reques. of the county board of education, fixed the three-mill tax limit at 20 years, and appointed the same managers and clerks of the election May to take charge of the election. The board acted in accord ance with the city commission in refer- ence to the limit for the school tax levy. and the voters of Jefferson county will have these propositions to vote on May 6 The million-d dollar bond issue, the three-mill tax and the operation of pic ture shows on sunday. Separate ballots will be prepared for each election.
The Birmingham age-herald., 1918-04-13
HERE IS ONE THING THAT
 IS ABSOLUTELY IMPOSSIBLE

treatment that does not reach the blood. the seat of the trouble. and rid the system of the cause of the disease? ]? s. S. S is the one blood remedy that has more than fifty years been giving relief to even the most aggravated and stubborn cases of Rheumatism. It cleanses and purifies the blood by rout- ing out all traces of disease The ex- perience of others who have taken s. 8. S. win convince you that it will prompt- ly reach your case. You can obtain this valuable remedy at any drug store.
 A valuable book on Rheumatism and it's treatment. together with expert medical advice about your own individ- ual case. will be sent absolutely free. Write today to Medical Department. Swift Specific Co. 4a1 Swift Iabora- tory. Atlanta. Ga.
The Birmingham age-herald., 1918-04-13
Rheumatism Has Never Been Cured by Liniments or Lo-
 tions, and Never Will Be

You never knew of Rheumatism that most painful source Of suffering -being cured by liniments,I lotions or other external applications. And you will never see anything but temporary relief afforded hy such mskeshifts.
 But why be satisfied with temporary relief from the pangs of pain which are sure to return with increased severity. when there is permanent relief within your reach? Science has proven that Rheumatism is disordered condition ;of the blood How, then, can satisfRc- tory results be expected from any