davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 81 $50.
). I. Thomas, ct al, Appellees,

No. q, $50.
). I. Thomas, ct al, Appellees,
VS..
u w. Neloms, ct al, Appellants.
appeal from Wyandotte County
division No. 81
AFFIRMED
Syllabus. By the Genre yUoat =
, The conclusion of the trial court that
me parties had so changed the contract
SUED on as to preclude specific perform
ance and had so waived its provisions tfia +
the money paid thereon should be recover
ca oy the plaintiffs held to be Justified
pY the record, which presents no material
A true COPY.
AItest: D. A. VALENTINE
iSeall Clerk Supreme Court,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
LEGAL

for the one-half share and in marking the
livered acted within the authority ex-
pressed in the assignment.
g. When the assignment and transfer
were executed and made, the stock books
showed the assignor to be the holder of
five shares and the only method provided
was by the act of the president and cashier.
After the transfer was made another Of
ficer of the bank and the assistant cashier
executed to the former q certificate for the
five shares. Held. that the assistant CASH
Ter had no authority to issue certificates
and that for this reason and because of the
attempted issuance for one-half of one
share more than there was outstanding
such certificate was void as to such one
PEELED to treat such issue as valid.
l. Corporate stock is not negotiable and
equities and burdens thereof
8. 1t is the duty of the cashier of a bank
upon the transfer of any of its stock 10
sioner such Change of ownership.
6. Neither the fact that the assignment of
the one-half share was not written upon
the back of the certificate nor the failure
of The assignor to surrender up the old
I. One having no }ftie to corporate stock
cannot by a pretended or attempted sale
thereof pass title thereto.
strictly one in mandamus or as one of
equitable consideration, the plaintiffs are
not entitled to prevail.
true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court
No. 22.Oos.
William c. Rickel, Administrator, Etc.
Appellee,
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellant.
Appeal from Wyandotte County.
Affirmed.
Syllabus. BY the Court. Dawson. J.
l. When an officer of a corporation
presents to the Secretary of State a docu-
ment in writing in which it is recited that
the provisions of the Workmen's Com
pensation Act. and the Secretary of State
accepts and files such document as gen
uine and authorized instrument. the public
has right to act upon the presumption
that the execution and presentation of the
ton. and If not so authorized the burden
is on the corporation to prove that fact.
= Where jury specifically finds that
the situation of a workman who was injured
was not obviously dangerous. an inaccurate
instruction touching the workman's as
sumption Of the risk of obvious dangers is
3. A jury may draw upon their own in
formation, without proof. touching simple
fence. and they do not need to be told that
the use of 4 jack Cor other equally eff
cient deyice) is necessary to raise the
wheels of heavily loaded vehicle from a
groove or rut into which the wheels had
slipped; and when all the facts touching
such a situation are IN evidence the jury
may properly find that the attempt to drag
the loaded vehicle out of the groove with
out the use of jacks was an act of neglig-
ence; and a finding that such negligence
| caused the injury and death of a workman
will not be disturbed.
Bureh, J., Mason, J., Porter, J., and Mar
shall. T., concurring.
, Johnston, c. J., and West, J., concurring
specially.
A true copy.
Attest: n. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
LEGAL
BY Goldberg.

~----~-~-~~~-~~-~~~~~~~---~
to a bank, and received credit on its check
ing account with the bank for the face OF
the drafts. The bank expected to charge
interest during the suspension period, and
to charge back the drafts in case of neces-.
sity. The drafts were dishonored- The
dealer sued the shipper for damages for
breach of contract, and attached the goods
while in possession of a terminal carrier
at Hutchinson and garnished the terminal
carrier. The flnk replevined the goods.
After obtaining possession of the goods
the bank, at the request of the shipper.
delivered the bill o. lading to the terminal
carrier, and the shipper diverted the goods
to Philadelphia, Pa. The dishonored
drafts were returned to the shipper, who
delivered to the bank new drafts on the
Philadelphia consignee, but received no
credit for them. The attaching dealer In
tervened- in the replevin suit. and set up
the attachment and garnishment proceed
ings. Held. negotiation of the bill OF
lading by the shipper vested in the bank
title to the goods and right of possession.
No attachable interest remained in the
shipper, and the attachment being barren.
the dealer had no standing to require the
bank to account for the goods. or any ex-
cess in value over the face of the original
drafts.
Ill the justices concurring.
A true copy.
Attest: N A. VALENTINE,
tSeal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
N A. VALENTINE.
Clerk Supreme Court.
| No. 21690.
The States Bank of Downs, a corporation,
| Appellant

VS..
Lutte Abbott. Appellee.
Appeal from Osborne County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
l.. The granting OF permission to de-
PENDANT at the opening of the trial to verify
an answer which was a general denial and
which previously had been verified by de-
PENDANTS counsel, and the refusal OF the
court on application by plaintiff for a
continuance because of the reverification
does not disclose an abuse of discretion
by the court, nor afford ground for a re-
versal.
q. A party may give an oral mortgage
on his property which will be valid as be-
tween the parties to it without delivery OF
the property mortgaged, providing such
oral agreement has the elements necessary
to constitute valid written mortgage.
I >. The evidence In the case warranted
the court in giving an instruction as to
what is necessary to constitute a valid
chattel mortgage. and the omission to give
the jury an instruction relating to n writ
ten mortgage, the same not being request
ed. was not prejudicial error.
a.. A writing offered In evidence is held
to be SO indefinite in its character. and
so remote in its application to the case that
Its exclusion was not error.
8. Testimony given by defendant as TO
n conversation between deceased person
and a stranger. heard by the defendant.
but In which she did not participate. was
properly admitted in evidence. and where
the Plaintiff on cross examination drew
from defendant COMMUNICATIONS between
her and the deceased, the disqualification
was thereby waived. and plaintiff cannot
complain of the admission of such COM
munfcat tons.
O. The evidence is deemed to be sufff-
Gent to sustain the findings, and judg-
ment made and rendered
All the justices concurring
A true COPY.
Attest: u. A. VALENTINE, -
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 81 ,957
The Atchison Savings Bank, Appellant,

The Atchison Savings Bank, Appellant,
vs.
W. A. Potter, Appellee.
Appeal from Logan County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
The proceedings considered and held
that that the plaintiff was not a holder of
the promissory note sued on, without
notice of infirmity in the paper, because of
knowledge which an agent in charge of its
interests possessed that the note was OBJ
tanned by. false representations for shares
of stock in an insolvent bank.
Johnston, C J., Mason, J., Porter, j.,
West, J., and Marshall. J., concurring.
Dawson, J., not participating in the de-
cision
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. % 291.
Christopher Burning, ct al, Plaintiffs,
VS..
Alfred A. Rodger, ct al, County Commits
sioners of Shawnee County, Kansas, De-
PENDANTS.
Original Proceedings in Mandamus
WRIT DENIED.
Syllabus. By the Court Dawson J.
Section of chapter 2S4 of the Laws of
1917 which authorizes the county super
intendent to transfer territory from a rural
high school district "to any school district
in which a four-year accredited high
school is maintained" means that such ter
ritory may be transferred to some COM
mon school district of that sort under the
general Jurisdiction of the county superin-
tendent, and does not mean that such ter
rttory may be transferred to city school
district under the Jurisdiction of a board
of education, and the power vested in
hoard of county commissioners to review
the action of county. superintendent
touching the alteration of school district
boundaries does not extend to a review of
county superintendent refusal to act
on n petition to transfer such rural high
school territory to a city school district.
Johnston, c. J., Burch, J.. Porter, J.,
West, J. and Marshall, J., concurring.
Mason. J. and Dawson, J., concurring
specially.
Attest: d. A. VALENTINE, -
(Seal) Clerk Supreme Court
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
RICHMOND CHAPTER OF
ENGINEERS is FORMED
Resolution Passed to Urge Appoint
mcnt of Member of Profession on
Commerce Commission.

For the purpose of advancing all
many members of the old chapter,
which dsbanded during the war,
gathered last night in the library of
the Virginia Mechanics Institute,
where temporary plans for the or
ganiZation OF q new chapter were dis
cuSScd
a committee was appointed. with j.
NJ. Clark. as chairman, to draw up a
definite form for the organization of
the Richmond cha pier and resolution
was passed to forward a telegram to
Joseph L. Tumulty, secretary TO the
President urging the appointment of
an engineer in the existing vacancy
on the Interstate Commerce Commits
sion.
The chapter is not a union, but an
organization for the social and gem
cral welfare of its members, with OBJ
jects to raise the standard Of ethics in
the engineering profession. IL will be
affiliated with the American ASSocia-
ton of Engineers.
The location of Richmond has long
been regarded by engineers as favor
able for Il center of engineering activi-
ties and interests in Virginia, and many
look forward to the institution OF a
course of study at Richmond College,
which will meet the demands of South
ern development in this profession.
The next meeting of the organza-
ton will be held on Friday evening,
October 10, at S:39 o'clock, when II will
be addressed by D. a. TomlinSon, rail-
way secretary of the American Assoc
citation Of Engineers.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
CHAMBER OF COMMERCE
NOTIFIED OF CONFERENCE
International Trade Body to Meet In
Atlantic City October "2-24, Prcsi-
dent Ferguson Writes.

Definite information that the Inter
national Trade Conference will be held
on october 90 TO "A at Atlantic City
was received yesterday by the Cham
Der OF Commerce here in n letter from
Presidcnt II. l.. Ferguson. OF the
States.
Two days, the letter states, will he
given over to conferences between the
foreign delegates. who are TO be in
attendance. and the American commit
tees about details of the subjects TO
be brought before tho general meet
inEs-
postponement Of the conference from
September .? TO October % President
Ferguson states in his letter. has re-
suited in having the program materially
strengthened.
At the general session stress will be
laid upon those subjects which arc
peculiar to the readjus,ment period in
foreign commerce.
These include:
Economic needs of the various coun-
tries concerned during the next two
years.
Emergency measures necessary dur
ing the adjustment period of the pro-
motion of trade and the movement OF
raw Materials
Possibilities Of pooling and alocat-
tation.
Possible measures for association of
business enterprises here and in Eu-
rope TO strengthen backward coun-
tries.
Reciprocal measures affecting in
strumcnts OF capital TO secure equal
advantage and avoid duplication OF
effort.
Methods of stabnizing foreign ex-
change.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
NORWOOD BENTLEY BURIAL
WILL BE HELD AT 3 TODAY
Former Business Man of Richmond Dies
nj His Residence In
Chesterfield.

Funeral services for Norwood Bent
ley formerly in business in this city,
who died yesterday morning at his resi-
dence in Chesterfield County near Cen
tra!ia Will take place from the resi-
dence OF DIR. Charles Robins, 22l6
Monument Avenue. at o'clock this
afternoon.
Active pall-bearers will be Harvey
Gill and Page Burwell, OF Petersburg;
Or. Charles NJ. HaZcn, of Bon Air
Harry Sncad and Julien FOX. OF Ches-
ter: DIR. Thomas G Prctlom, of Cen
tralia: DR.. John b. Fisher. of Mid
Lothian: Lee Dance. of Hallsboro. and
Harvie Blair, William T.. Forbes ana
Marshall Vaughan. of Richmond.
Major William Gay Bentley, of the
Confederate Army, who married Miss
Mamie Abbott, of Georgetown. d. c.,
and who was in charge of an extensive
Guartermastcrs department. here At the
time OF the evacuation of Richmond on
April 5. 1865
Norwood Bentley was reared in
Charles Town, jefferson County, West
Virginia. and was educated at the
ford County, Va, which was under the
direction OF his uncle. the late Will
liam r. Abbott.
Mr.. Bentley was engaged in business
in Richmond for some years. his last
connection being with John l.. Will
liams & Sons. About twelve years ago
he married Miss Esther Baird Berkeley.
"A sister of Mrs. Charles r: Robins and
Of Miss Jean Byrk!ey. Of Richmond;
by his wife and Two children. Two
sisters. Mrs. George Ct. Botelcr and
Miss Lucy &. Bentley. both OF Washing
ton, ID. G., also survive.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
MEETING OF ROOSEVELT
MEMORIAL SOCIETY HERE
Raymond Robbins VIII Speak and Sol
Cutchfns VIII Represent
Masonic Order.

Meetings of the Virginia State Com
mittee OF the Roosevelt Memorial. AS
ISOLATION will be held in Richmond
next Saturday. and in Norfolk on Sun
day. At the Richmond meeting Ray
mond Robbins will be the speaker.
Sol Cutchins, grand master of the
State of Virginia, will represent the
Masonic order. of which Colonel Roose-
Welt was Il member. Several of the past
grand masters will attend.
Others present will include Percy S
stephenson, state chairman: Judge Ed
mund Waddill, Jr., Judge l. L. Lewis
and Judge Henry Clay Mcdowell; Pres
ident j. a. G. Chandler. of William and
Mary College: Hon. r. II. ANGEL. OF
Roanoke: Mr.. S. S. p. Patterson, Col
onel S. p. Allen, George Tonkin and
G.. II. Barksdale. Both Democrats and
Republicans Will serve on local com
mlttees. as the movement is strictl,
non partisan and non-political.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
CITIZENS START PROBE
OF HIGHER PRICES HERE
Volunteer Committees From Various
Precincts Named at John Mar
shall Mass-Mceting.
URGE FRUGALITY BY BUYERS
Speakers Declare Consumers Can Aid
in Lowering Living Cost by Re-
fusing to Purchase at EXortionatc
Figures.

a. Appointment Of y, volunteer eomm nit
prices charged by grocers. for staple
commodities and by retail dealers gem
at sSe eiose OF Of ale ass
meeting. held at John Marshall High
School last night by the Renters and
Richmond
ny President, s Isl Nc. q; Einnigan presided.
ing Monday night GIT '' in the Inc III Hus1inss
Court. second floor of the City Hall. 1T
$3.50. Commemorative Attorney George
which is for the purpose of formulating
plans and efecting an organization TO
The 1r1iesfi" 1 ii be eompoled
ne voting preeincts Of Riehmqnd.
night, to serve on this committee are
Mrs Mrs f. e; r. H., 0mohundro and T. W; Jos
e. II. Neil. i b. Priddy. Mrs. j: b.
ter. Charles IL: Hall. Larkin Glaze
Lyme. Mrs. w. II. Powell. of Lee; Mrs.
w 4. Burrows and y. Il. Williams. OF
This committee is to be enlarged to
the full strength of sixty-two members
by Monday, night and will cooperate
in reporting on prices charged for ne
cessi,ies by retail merchants of Rich
dent Finnigan of the efforts OF the
Renters and Consumers Protective
Associa ton TO combat the present ex-
orbitant prices charged in Richmond.
Commonwealth's Attorney George 4.
Wise spoke in explanation OF the anti
trust law and of tho cold storage law
passed by the special session of the
legislature. He was frequently APP
plauded.
r. NJ. Smith. Jr.. then spoke. pub
lie sentiment was the only cure for the
evil of protiteerinS, declared MIR. smith.
Hc said that the anti-trust law and
tho cold storage law were the two most
important statutes eyer passed in -Nir-
ginia, and that the re was one trust
among local merchants in Richmond
that was known to him that could no
longer exist under the operation of the
antitrust law. Concerted action was
necessary, he was convinced. he sa ID.
before anything definite could be ac-
complShed and much depended on tho
women of Richmond. lie called atten-
tion to the fact that these laws were
not yet thirty days old
He related with every evidence OF
satisfaction how he had beaten shoe
makers" for two years by his old shoes
ha f-soled and wearing them when the
price OF shoes. for which he had for
Make mp your mind to go without
prices" said Mr.. Smith empha ticaIly.
and you will grow in moral stature"
There isn't anybody in Gods world
to blame but ourselves for the high
prices we pay for things" concluded
Mr. Smith.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
GIVES JACKsDN's SWORD
TO MEMORIAL SOCIETY
Confederate Hcro's Weapon VIII
BE Presented Here Next Satur-
day Morning.
MAKES COLLECTION COMPLETE
Presentation Will Be Made by Mrs.
Randolph Preston for Her Brother,
Licutcnant-Coloncl Christian, Who
Is Unable to Attend.

stonewall Jacksons sword will be
presented TO the Confederate Memorial
Literary Society next Saturday
morning at II o'clock in the Con-
federate Museum by Mrs. Randolph
Preston. granddaughter of General
Jackson, for her brother. Lieutenant
Colonel T. ]. j. Christian. who is un-
able to be present
The sword completes the collection
Of jackson RELICS in the Virginia room.
The collection consists OF General
Jackson's cap, epaulettes. spurs, pis-
toll field glasses. haversack and other
historic treasures.
Members OF the Confederate
Memorial Literary Society. heads of
other Confederate organizations. rep
erscntatives OF State and city govern
mcnts and many distinguished out-of-
town guests will be present
Miss Sally Archer Anderson. presi-
dent OF the society, will preside. and
the exercises Will be opened by prayer
by Rev. James Power Smith. ID. D..
of General Jackson's staff.
William ~ Anderson. of Lexington
Will make an address at the conclusion
of which the sword will be presented
by Mrs. Randolph Preston.
Governor Westmoreland Davis will
accept the sword for the society.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
REPORT ON CONVENTION
OF "OUTLAW" UNION MEN
Delegates from Richmond Sny Radical
Element Attempted TO Gain
Control.

o. L. Koch. and T. ]. -Cumbea, dele
gate from MachinistS Union, 696 to
the OUTLAW" labor convention in Chi
caEo which was held last week. made
their report 10 the union on the hap
peninGs OF the convention last night
According 10 the statement OF Mr..
Koch yesterday. the convention to a
large extent was made UP of radicals
who favored breaking ali union lines
and forming all railroad employees.
from freight handlers 10 engineers into
one big union.
His statements were to the effect
that many of the officials present held
grievances against union officials and
were willing TO tear down the union
structure which, il is pointed out, 1t
took years TO build. To crafty petty
Jealousics.
Many labor organizations in all parts
Of the country are dissatisfied. Mr..
Koch said. and are willing To take this
step. but action was blocked by the
level headed delegates present. OF
these il is reported there were many.
only two other Virginia cities we're
represented at the outlaw" conven :
ton. They were Newport News and
Portsmouth. Portsmouth unions sent
two delegates and Newport News or
CARNATIONS three.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
START CRUSADE AGAINST
DYNAMITlNG IN STREAMS
Two Citizens of Caroline County Con-
Fictcd AFTER Arrest by Stnte
Game Wnrdcns-
ANNOUNCEMENT WAS mnde this az,

Announcement was made this after
noon by the Department of Game and
inland Fisheries of the conviction of
Two citizens of Caroline County on a
charge of unlawful dynamiting of n
III he Mattaponi River.
Inc convicted men are r Travers
proprietor of an excelsior mill in Bowl
ing Green. and George Conway super
intendent of the Bowling Green electric
plant Each was fined $50 and costs
by Magistrate Martin, according To tn!
statement given out
Three others Ben Balkcy, town ser
Eeant OF Bowling Green. l.. +. Martin
cashier of the Caroline Bank. and H.
Balkcy also of Bowling Green, who
were arranged on similar charges
Were acquitted by the court.
The cases were worked up and prose-
cutcd by Charles +. Strang, a special
agent for the Department Of Game and
Inland Fisheries. who was detailed on
the case when information was re-
ceived indicating that the fish laws
were being violated in the Mattaponi
River.
Instructions have been issued by the
department 10 all game wardens in
the counties adjacent 10 the Mattap pom
River TO maintain careful watch for
persons dynamiting fish there. \ special
agent of the department has also been
detailed for duty in the section.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
CONTRACTORS HERE OFFER
SUPPORT TO JUDGE GARY
Employers Wire Head Of Steel Corpora
ton They Ais0 Refuse
''Closcd Shop"

To Judge E. II. Gary. chairman OF
the United States steel Corporation:
Senator Claude Swanson and Repre-
sentative =. j. Montague the following
message was sent last night by the
Allied Building Trades Association,
composed of % per cent OF all the con-
tractors and building supply firms in
Richmond:
ITO demand from this city's branch
of the Federation of Labor for recog-
milton of their card system, our Allied
Building Trades Association replied:
Our members claim their legal and
constitutional right to select their
he agreed upon and do not recognize
the authority of your council on our
buildings or in our shops. We repre-
sent % per cent OF all the contractors
and supply houses here and thanking
you for your firm attitude. assure you
our support"
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-10-04
GRAND JURYMEN NAMED
fSfItyF'1ve Cases Are TO Re Inyc,ti-
gated by Hastings Court
Next Week.

In the Hastings Court yesterday the
gdollow1nE names VIE drawn for the
grand jury which begins its lnquisitions
when the court meets next Monday:
Heckler. Charles j. TAYLOR. Robcr;
I,echy. Jr. $. e. Bishop, James 7.
~ Although II has been t.ro months
since the last grand jury 50 ssion. there
are in the siXt%-hve cases ia be IN
vestigated but fifteen charges Of viola
ton of the prohibition laws, whereas
heretofore there have been about haif
a hundred at each term Of the cour,
There are many lawyers who are tak
ing the position that for omensos COM
1nitted since July the State laws have
L been superseded by the Federal var
time prohibition act
aa Pen ding the passage OF the prohihi
tlon enforcement law by Congress
4 Federal officials take tho position th..i
the Reed amendment prohibiting trans
& portatioE from wet" Sta,e to a "drv.,
i State Is no longer in effect and WIZ,
I. arrests for transporting liqu0r are
made the charge is that the pacE|.e
q containing the liquor IS not i,roneriv
Z labelled so as TO indicate its contents