davidaulloa/AmericanStories huggingface dataset:
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

surely proved to be. feel better and
stronger in every way since taking it,
and the annoying symptoms have disap-
peared. - Mrs. M. Golden, 1926 Ma.
poleon St., Fremont, Ohio.
Such annoying symptoms as heat
flashes, nervousness, backache, head
ache, irritability and "the blues, may
be speedily overcome and the system
restored to normal conditions by this
famous root and herb remedy Lydia E.
Pinkham's Vegetable Compound.
If any complications present them
selves write the Pinkham Medicine Co.,
Lynn, Mass, for suggestions how to
overcome them. The result of forty
years experience is at your service and
your letter held in strict confidence.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21
And the Fly Escaped.

One of the queerest stories Of auto.
mobile wrecks comes from Geneva
A man driving along the state road
toward Waterloo had the windshield
of his machine open. A dragonfly
entered through the opening and hit
him in the face. He tried to brush
it off, moving the steering wheel un.
consciously, ran into the ditch and
through fence and had a bad smash
up. And the worst of it is, the sui.
ferer can't sue the fly for damages.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21
Fish Live in Ice.

During several months Of each year
some of the great rivers of Siberia are
frozen solid to the bottom, but the
fishes imprisoned in the ice maintain
their vitality and resume their active
life when the ice melts in the spring.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21
that CHANGE IN
WOMAN'S LIFE
Mrs. Golden Tells How 1t
May be Passed in Safety
and Comfort.
Fremont, OF was passing through
the critical period Of life, being forty

SIX years Ol age anu
had all the symp-
toms incidenttothat
change-heat flash
es, nervousness, and
was in a general run
down condition, so
it was hard for me
to do my work.
Lydia E. Pinkham' 8
v ia BILE Com
pound was recon-
mended to me as the
best remedy for my
t.rOuolea which r.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

inc 'Bayer Cross" Is the thumb
PRINT OF genuine "Bayer Tablets of AS
plrln. II protects you against imita-
uons and positively identifies the gen.
ulne Aspirin prescribed by physicians
for over eighteen years.
Always buy an unbroken package of
layer Tablets OF Aspirin" which con-
tains proper directions to safely re-
ileVe Colds, Headache, Toothache, Ear
ache, Neuralgia, Lumbago, Rheuma.
tism, Neuritis, Joint Pains, and Pain
generally.
handy tin boxes Of twelve tablets
cost out few cents. Druggists also
sell larger 'Bayer' packages. Aspirin
is the trade mark of Bayer Manufac.
lure OF Monoaceticacidester OF Salicyl-
icacid.-Adv.
Ill
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21
Patent Pie Pan.

An inventor has patented a pie pan
in two sections that can be taken
apart without danger Of breaking its
contents.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

It's a queer world. If you don't
think SO try to count all the good
friends who have been away on vaca-
tons that you haven't missed.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21
Ancient Buttons.

In Egypt buttons have been found
whose material indicates they were
made about $500 B. @.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

Locusts in Algeria have found a
dangerous enemy in fly which fol-
lows them and lays its eggs where
they lay theirs.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

Trappers Notice-Wanted furs, all kinds
money same day furs received and top
prices. Send for quotation cards. Those
furs, keep them coming to US. o. M
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21
Making Yarn From Paper.

The production of yarn from paper
was known In Japan more than q CEN
tury ago.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

Ava Van Caie6oI7 BEHNKE-WAIKER
nv AvS OoASue~! BUSINESS COLLEGE
10 the biggest, most Perfectly EQUIPPED
Business Training School IN the North
west. Fit yourself for higher position
with more money. Permanent positions
assured our Graduates.
Write for eatalog-Tourth and YanHil
Portland.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21
NeWHOustOn HOtel

Sixth and Everett Sts.. Portland, Ore.
Four blocks from Union Depot. Two block
from New Postoffice Modern and hreproof
Over 100 outside rooms. Rates 76c 10 $500.
p. C. MORGAN, Manager.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

Once on board the Namur,
Carlyle knows he may have a
chance to aid Dorothy. It is a
desperate chance, but he is will.
ing to take It But how to oct
aboard without being seen2 Can
he avoid detection which will
mean certain death2
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

(To BE CoNTINUED1
Bamboo trees do not bloom until
thirty years old.
Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1919-11-21

Pm. U. No. a, 1919
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1919-05-14

Gasoline Engins for Sale. -34 horse pow
er upright New Era gasoline
engine can be bought at a reason
able price. In good condition
and a bargain for a quick buyer
Write, phone Or call on Chas. F
Stewart, rural 3. Salisbury, NC.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1919-05-14
FAITH.

was born September 18th. !
1874, and died May 18th, 1919,
aged "A years, Z months and
II days. He was baptized in
infancy at st Paul's church,
Rowan county, and was cons
frmed in early manhood a
member of the same church..
When Faith Lutheran church
was organized he and Mrs
Brown became charter mems
bers to which he remained
faithful until death. He
leaves to MOURN deaths
sorrow a devoted wife, three
daughters, five sons and one
granddaughter, a loving moth
er, one brother, three half
brothers and one half sister,
besides a host of relatives
and friends. The funeral
services we're conducted Sum
day evening at 6 o'clock at
the Faith Lutheran church
by his pastor, Rev. e Ritz
chic, i'll the presence Of the
largest congregation that
ever.assembled at the Luther
an church, which goes to
show that Mr. Brown was
loved by every body The
pail bearers were: Henry
Barger, Luther Holshouser,
Charley Barger, Ed Shive,
John Lud wick and Will
Stirewalt. Mr. Brown was a
member of the Jr. O u A M
and the P O S OF A. The
members of his lodges assem-
bled at their hall and march
ed in a body to the residence
and to the church and came
to pay their last respects to
their deceased brother.
Miss Cora Brown of near
Christiana church.. is spends
a few weeks with her grand
parents, James Richie and
and wife.
Last Thursday an automo
bile passed through Sails
bury from Concord on their
wav to Rockwell with five
passengers and two horses,
supposed to have been ponies,
but mighty big ones. Who
ever can beat that trot out
your automobile.
AA Yates and wife have
rented Miss Ethel Josey's
residence and moved into it.
Miss Mary Ridenhour of st
Johns church, Cabarrus
county, is spending the week
with her sister, Mrs Il Rit-
chic.
James Richie and wife
have returned from Ashe>
vile, where they spent a few
days visiting their son, Ar
thur and family, and their
daughter, Sadie, who is in
the Merriwether hospital,
where sheewill soon graduate
as a professional nurse.
NJ A Linn and wife of near
China Grove, spent Saturday
night with their daghter,
Mrs Austin Gardner.
George Lyerly lives at CreH
cent, but works at the gram
ite business at Faith and has
been for several years. He
has one Of the happiest and
best families in this county.
The Lutheran Synod of
North Carolina will meet at
Union Lutheran church from
the 18th to the 18th of May
Rev e . Richie and II M
l. Agner will attend from the
Faith Lutheran church and
carry with them one of The
best reports that has ever
. &c &I;o ,l,aI
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 81. 800.
Alexander Richards, Appellant.


The Fleming Coal Company, Appellee.
AFFIRMED.
= Syllabus. BY the Court. Marshall, J.
1. Chapter ITO of the Laws of 1909 is
constitutional. although it gives to mine
operators and miners the power to make
rules and regulations for the use of dyna-
mite in coal mines, if the rules and reg
ulations are approved by the state mine
inspector.
., The act applies to strip-pit coal mines.
>, A shot-firer in 4 strippit coal mine
comes within the provisions of the act,
making it unlawful for any person en-
gagged in coal mining to use dynamite in
the preparation of any blast or shot in
any coal mine within the state.
I. Such a shot-firer, using dynamite in
the preparation u a blast in violation of
the act, cannot recover damages for in
jury sustained by him in the explosion of
dynamite with which he was working, if
it is necessary for him to prove its illegal
use rs 4 part ofhis case.
>. The fact that rules, under the act,
could not have prevented the injury does
not affect the plaintiffs right to recover.
G. The excerpts set out in the opinion,
taken from the contract between the mine
operators and the miners, do not constitute
rules and regulations for the use of dyna-
mite in coal mines.
All the justices concurring-
\ true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No 81 800
Nels Rose and Elizabeth Rose, Appellees,
The City of Gypsum. kansas, Amos Deemy
and S. E. Kuhn, Appellants.
Appeal from Saline County.
REVERSED.
Syllabus. By the Court. Dawson, j.
1. municipality has dual capacity
is vested with powers which are purely
governmental. legislative and public; and
the other which is proprietary, commercial,
quasi-private and ministerial.
2. The rule followed that city Is not
liable for the negligence of its officials in
those matters which relate to the city s
governmental powers as an agent OF the
state
s. The duty of city and its officials to
forbid and prevent an automobile race on
one of its streets and to provide police and
protection against such misuse of the
street is governmental power and duty,
duty the city is not liable because there is
no statute imposing such liability.
4. During a four days street carnival In
Gypsum City, an automobile race was run
struck and fatally injured one of the on
looking bystanders. In an action for
damages against the wrong-doers, the city
was also made a defendant on the theory
officials ''in allowing the race to be run
and not providing police and protection,
HELD that while all the wrong doors are
individually liable in damages, and Grim
inally liable for manslaughter, the city of
Gypsum City is not liable.
Mason, J.. Porter, J., West, J., and Mar
shall, J.. concurring.
Johnston, C. T., dissenting.
Burch, J.. not participating In the de-
A true copy.
Attest D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. p, 430.
Matte Ruff, Appellee,

T. W. Grimes ct al, Drank H. Smith and
Dora Z. Smith,, Appellants.
Appeal from Cowley County.
AFFIRMED.
Syllabus BY the Court. Dawson, j ..
i. 1t is not error to give the holder
lien on real property judgment Tor sum
of money against an inferior claimant 10
the property who may not be personally
liable for that sum, when It clearly appears aiI
that the money Judgment is entered laerely
for the purpose of determining the extent
of the lien and to ascertain the amount
which the inferior claimant must pay III ne
wishes to redeem the property theEefrom
> A defendant against whom n Judgment
quieting title is sought has no JUST COM i
plant that such judgment against MN
was denied and that only judgment OF
redeem was entered against MIN IN heu VI
the Judgment prayed for. 49,.
3. The pleadfngs and exhibits ana me
evidence considered and held that the
judgment entered was within the scope Oh
the issues and justified by the evidence.
T. One who has paid less than one-thlrd
of the purchase price which he agreed 10
pay for real property is only entitled 10
est has properly been subjected to lore
closure.
5. When it is necessary for the holder of
n superior mortgage lien to foreclose That
lien he may properly sue eFeryD o fo con
interests which conflict with each other
whether they conflict with his interest or
not and the latter may be permitted TO
join issues with each other although me
Superior lien holder is not concerned
therein. and the court may settle the prior
ity and precedence of the claims of all the
parties and dispose of all phases OF the
controversy in one decree.
All the justices concurr1ng.
Attest: D. A. VALENTINE,
lSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 22,001.
". r. Mitchell and C. A. CARRIER,
AppelleeE,

No. % DOL
W. r. Mitchell and c. A. CARRIER,
Appellees,
VS..
Richard Beachy. as Cashier Of the State
Bank of Esbon, and State Bank of Esbon,
and Richard Beachy. Appellants.
Appeal from Jewell County.
REVERSED.
Syllabus. By the Court. West ].
1. A contract entered into by the holders
of all the stock of bank except three
shares terming themselves parties of the
first part and party of the second part"
that should the three shares or any of them
be purchased by the bank "or any part of
them" each party to the Instrument should
be entitled to one-half thereof and that
when all three shares should be purchased
by the bank leach party to this contract"
should own one-half of the stock thereof,
was binding on the shareholders who exc
cuted the contract. and after each faction
had bought one of such shares the pur-
chase by one faction of the third share still
left the other faction owner and entitled
to control of one-half thereon.
2 An officer of the bank owning rive
shares executed written assignment for
one-haf Of one share to the cashier who
was the second party to the contract re-
ferred to in paragraph hereof. Such as
signment expressly authorized the proper
officers of the bank to make the necessary
transfer on the stock certificate book and
the assignor promised to deliver the GER
dficate for the five shares within day or
two, but failed so to do. Held, that the
cashier in issuing to himself a certificate
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21.972.
John F. Schaefer, Appellee,

The Arkansas Valley Interurban Railway
Company, Appellant.
Appeal from Sedgwick County.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
1. Where an interurban railway company
permits needless distractions to the view
on it's right-of-way near a country cross
road, such company must take such OBJ
structions into account in the discharge
of its duty to exercise due care in the
operation of its cars at such crossing; and
the company is liable in damages to a per-
son who, free from negligence herself, was
injured because such distractions to her
view rendered the crossing dangerous and
because of the high rate of speed at which
the company's car approached the cross
ing.
.. Photographic exhibits which were in
troduced in evidence and which tend
strongly to prove that there were no ma
terial distractions to the view at a rail-
way crossing over a rural highway are in
sufficient, in a court of appeal. to over
throw the parole and other evidence con-
Trajectory thereto when the jury gave
greater credence to the latter than they did
to the photographer Exhibits.
3. Where a jury in answer to special
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. 22,OO7.
Fisher Machine Works Company, A Cor
poration, Appellant,
vs..
Nathaniel singletary, ct al, .Appellees.
Appeal from wynadotte County.
division No. -
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
1. A proposal by plaintiff to sell an
ice plant, which was signed by the defend
ants is held to be so indefinite and am
biguous that it cannot be regarded as a
complete contract, and hence in an action
thereon, parol evidence may be received
not to contradict the writing but to show
the complete agreement including any
fraudulent representations made and the
inducing causes to the making of the
agreement.
2. Under the pIeadings herein the ques-
ton of fraud was in issue and evidence
thereon was admissible.
3. After the parties announced that they
had rested, the court allowed the case to
be re-opened-a further testimony to be
introduced in respect to the value of the ice
plant. Plaintiff objected upon the ground
that their witnesses upon that subject had
left the court and their evidence to meet
that of the defendants was not then avail
able. Defendants then stated that they
would concede that Plaintiffs absent wit
nesses IL presented, would testify that the
the plaintiff. Held, that there no
abuse of discretion shown in the ruling re-
opening the case.
T. Certain challenged instructions of
the court examined and held to be without
prejudicial error. and also that the refusal
of one requested afforded no ground for
reversal.
s. Evidence examined and held to be
sufficient to support the verdict of the jury.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
LEGAL

questions found that the person who was
fatally injured at railway crossing over a
public highway could have seen the ap-
preaching interurban car in time to warn
the driver of the vehicle in which she was
riding. at 1872 feet, and at 50 feet, but
answered, Cant say and "Doubtful," in
response to similar questions as to her
range of vision at 10 feet, % feet, and
80 feet, such findings construed together
do not establish her contributory negi-
gence as a matter of law, and jury's gen
eral verdict which is consistent with such
findings must stand.
All the justices concurrfng
true copy.
Attest: D. A VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
LEGAL

become dangerously defective, and author
ICES the city to make such repairs at his
charge if he fails to do so within ten days
of the receipt of an official notice of what
has been determined TO be necessary, does
not render such owner liable to a pedes.
trian who is injured by reason of a defect
in the walk.
8. Liability Of the owner of the abut-
ting property to persons injured by rea-
son of the defective condition of a sidewalk
does not arise from his having previously
repaired defects.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. %, 167.
II. W. Skinner, Appellee,

No. % 161.
Il. W. Skinner, Appellee,
Lon Davis and Burel Davis, Appellants.
Appeal from Barber County.
AFFIRMED.
Syllabus. BY the Court. Burch, j.
l. A written lease for one year, with the
privilege of three years, is. il the privilege
be exercised, lease for three years.
3 An oral lease for year, with the
privilege of five years, is void under the
statute of frauds.
g. A tenant in possession under a writ
ten lease took an oral lease, void under the
statute of frauds, and planted wheat on
the premises, all before the expiration of
the written lease. Held, his possession and
use of the land must be referred to the
valid, and not to the void lease.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21,772.
J. M. Courtney, Appellee,

No. 81 ,772.
J. M. Courtney, Appellee,
American Zinc, Lead & Smelling Company,
Appellant.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
In an action to recover damages for in
juries to growing crops and to animals
and live stock alleged to have been caused
by fumes and gases from defendants
smelter. held, on the facts stated there
was sufficient evidence to sustain the find
ings and judgment in plaintiffs favor.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 22.1T3.
Gladys Price Steele, Appellee,

..
James Henry Stevenson. Appellant
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
In an action brought by an heir of a
deceased ancestor against other heirs and
claimants the plaintiff alleged that she
was entitled to, and asked for an undivided
one-third of the lands owned by the ances-
tor at his death in pursuance of a contract
made between them. The propert in which
n share was asked, was described in the
petition and her prayer was that she be de-
creed to be entitled to one-thfrd of the land
and for general relief. The defendants de-
MED the existence of the contract claimed bv
the plaintiff. and alleged that they were
owners of the land by virtue Of a will The
court adjudged that under the contract the
plaintiff was and had been the owner of
undivided one-third of all the real
property owned by the ancestor at his
death. and that the title thereto he Quieted
in her, and that all the defendants and
claimants be barred from any right title
and possession in and to the interest de-
creed to belong to plaintiff. In a subse-
quent action brought by the plaintiff in the
first action against the same defendants
asking to have the share awarded her
partitioned. and that she be given possess
sion of her share. the defendants set up a
claim of title and interest in the land that
had been adjudged to Lelong to plaintiff
arising from certain gifts. contracts and
transfers, and other transactions between
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
D. A. VALENTINE,
Clerk Supreme Court.
No. 21,9S5.
Nancy E. Lindsay, Appel

No. 21,9S
Nancy E. Lindsay, Appellee,
VS..
The Halstead Milling & Elevator Company,
Appellant.
Appeal from Harvey County.
REVERSED.
Syllabus. By the Court. Marshall, J.
Under the workmen's compensation act.
a written report concerning the injury of
an employe, made by another employee or
manager. at the request of the employer,
which report contains statements regard
ing the accident and the injury to the EN-
ploye, but which shows, on its face, that
the statements are those OF the injured EN-
ploye and are not the admissions of the
employer is not admissible in evidence for
the purpose of proving that the accident
occurred, or of proving the nature of the
injury.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal.} Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. q, O04.
Helene J. Peters, Appellant,
The Farmers State Bank, and D. W. Nc
Leod, Sheriff of Washington County, APP
pellees.
Appeal from Washington County.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
A Judgment will not necessarily be re-
-yerSed on account of a defective pleading.
where that pleading is not attacked before
trial, and the action is tried on an agreed
statement of facts, supplemented by oral
evidence. and the statement of facts and
oral evidence sustain the Judgment.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seaf) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21,9S0.
e. D. Balmer, Appellant,

No. 81 $50.
e. D. Ba1mer, Appellant,
VS..
E. R. Long and N. E. Osborn, Partners do
ing business as Long & Osborn, and e.
R. Long and N. E. Osborn, Appellees.
Appeal from Rocks County.
REVERSED.
Syllabus. By the Court. West, ].
1. Book accounts which are barred by
the statute of limitations are not legal but
moral obligations.
2. Such accounts are not good" If bar
red.
3. AS against a general demurrer-no
motion having been filed to make definite
and certain-a petition should be liberal
ly construed.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.