The Topeka state journal. [volume], October 14, 1914, HOME EDITION, Page 11, Image 11

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LKGAL.
Nil IX M?
L. D. Arnold, Appellant,
vs. -
The C. Hoffman Bon Milling Company,
et aL, Appellees.
' ' Appeal from Dickinson County.
AFFIRMED.
Syllabus. By the Court. Johnston. C J.
1. An action was brought upon the ap
proved theory that if the negligent acta
of several persons, slthough acting inde
pendently of each other, concurrently re
sult in injury to another each of the
wrongdoers ia answerable for all of the
resulting dnmsges and may be sued Joint
ly or separately as the Injured party may
elect, but, held, under the testimony In
the ease that the dam maintained by a
defendant alleged to be a joint tort feasor
did not contribute towards the overflow
of plaintiff's land and was not thy Prox
imate cause of the injury for which the
action was brought.
2. The fact that a defendant may have
asked a witness of the plaintiff, at the
end of the cross examination, a number
of questions and thus obtained testimony
In support of the defense will not deprive
the defendant from challenging the auf
flciency of plaintiff's testimony by a de
murrer nor prevent the court from con
sidering and deciding whether the evi
dence of the plaintiff was sufficient to
prove a cause of action against the de
fendant. Ail the Justices concurring.
A true copy. .
Attest' I. A. VALENTINE,
Seal. Clerk Supreme Court.
No. 19,018.
Mary Falk, AppeUee,
vs.
William Burke. Appellant.
Appeal from Atchison County.
REVERSED.
Syllabus. By the Court Porter. J.
1. An omission to marry upon a partlc
ulsr day is not necessarily a breach of a
promise of marriage; the contract neces
sarily continuea in force until the one
or the other of the parties by conduct or
words manifests an unwillingness to pro
ceed to carry it out. and a bonaflde offer
to marry is a defense to an action for a
breach of promise to marry, where it Is
made before the plaintiff has signified
her intention to end the matter, although
the defendant may have been guilty of
conduct that would warrant the plaintiff
in considering the engagement at an end.
2. The failure of one to carry out such
contract of marriage at the appointed
time does not terminate the contract, un
less there is an unequivocal election on
the part of the other to consider the con
tract as terminated; and if following such
failure to carry out the contract at the
designated time, negotiations are entered
upon for the purpose of arranging a sub
sequent date for the marriage, such ne
gotiations in law constitute a waiver of
whatever rights may have accrued by
the failure to be married at the desig
ns ted time.
3. Plaintiff and defendant entered Into
a contract of marriage, in March, 1912,
and the date for the ceremony was af
terwards fixed for the 26th of September.
The marriage did not take place on the
date fixed through the fault of the de
fendant, or on account of circumstances
over which he had no control. Held, the
plaintiff could not after said date continue
to treat the contract as still in existence
and negotiated with the defendant for the
setting of a future date, and then after
wards elect to treat the contract as hav
ing been broken by the postponement of
the marriage on the original date.
4. Upon the facta stated In the opinion,
held, that certain answers of the Jury to
special questions are in conflict with the
undisputed testimony and require the
granting of a new trial; that there was
error in the refusal to give certain in
structions, and that, in view of all the
facts and circumstances of the ease and
the financial worth of the defendant, a
verdict awarding the plaintiff $10,000 dam
ages is excessive.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
Seal. Clerk Supreme Court.
- '' ' "Ho.'wjsnv ' .
J. C. F. McCauley, Appellee,
vs.
W. A. Custer and Bessie Custer, Appel
lants. No. 18,87.
C. D. McCauley, Appellee,
vs.
W. A. Custer and Bessie Custer, Appel
lants. Appeal from Meade County.
AFFIRMED.
Syllabus. By the Court. Smith. J.
1. Where one claims to be injured by
a contract procured through fraudulent
representations, it is competent to show
that the same party made like representa
tions about the same time to other parties
with whom such party was attempting
to make similar contracts, as tending to
show, motive or Intent.
2. Where one party in a trial first calls
and Interrogates a witness and then the
other party calls the same witness and he
testifies, the first party cannot thereupon
Impeach him. .
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
Seat Clerk Supreme Court.
No. 18,821.
J. J. Miller, Appellee,
vs.
The Foundation Company, Appellant.
Appeal from Wyandotta County,
Division No. S,
MODIFIED.
Syllabus. By the Court. Porter, J.
1. In an action for damages for person
al Injuries it was shown that the employ
ing company in the construction of a
bridge was driving piling with the driver
placed upon a temporary structure above
the surface of the river. Each time the
hammer fell it would cause the hammer
rope to slacken and strike against the side
of the boom near where the plaintiff's
duties required him to stand. While thus
engaged in the night time with no light
except a signal lantern which he held,
he was struck by the slack of the hammer
rope and thrown from the platform into
the river. Held, that the plaintiff having
been sent to work on the platform and his
duties requiring him to remain there, it
was, as to him, a place to work, and the
duty devolved upon the master to see
that it was reasonably safe.
2. Upon the facts stated In the opinion
It cannot be said as a matter of law either
that plaintiff assumed the risk or that
he was guilty of contributory negligence.
2. The failure of the court in some of
the instructions to distinguish between
the defense of contributory negligence
and assumed risk is not regarded upon
the facts of the present case as prejudicial
error, the court having In ether Instruc
tions correctly defined contributory neg
ligence. 4. While in an action for personal In
juries it is ordinarily error for the plain
tiff to be permitted to testify to the fact
that he is married, it Is held In this case
that the admission of such testimony over
the objections of the defendant was not
materially prejudicial.
5. The Jury allowed the- plaintiff the
full sum claimed in his petition as dam
ages, which Included an item of 1300 tor
medical care and attention. There was
no evidence to show that plaintiff incur
red more than SCO for expense under this
item. Held, that the Judgment should be
modified by reducing it 2S0.
Johnston, C. J., Mason, J., Smith, J..
Benson, J. and West. J., concurring.
Burch, J., dissenting.
A true copy.
Attest: D. A. VALENTINE.
Seal. Clerk Supreme Court.
No. 19,376.
The State of Kansas, Appellee.
vs. '
Johanna Adams. Appellant.
Appeal from Shawnee County.
Second Division.
AFFIRMED.
Syllabus. By the Court West. J.
In a criminal prosecution for assault
ing an officer while engaged in the ser
vice of a warrant an Instruction that
such officer need not exhibit or read his
warrant to a mere stranger or on who
did not have possession or claim right to
the property sought to be seised was not
prejudicial In view of the evidence which
Justified the conclusion of the Jury that
the defendant wee not only a stranger to
It DOUDT,
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LEGAXi.
the transaction but an excuseless and
malicious Intermeddler.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
SeaL Clerk Supreme Court;
No. 18.984.
Archibald Black, et aL, Appellees. '.
vs.
Ralph L. Funk, Appellant.
Appeal from Brown County.
MODIFIED..
Syllabus. By the Court. Burch, J
Section 321 of the civil code, providing
that an attorney shall be incompetent to
testify concerning communications made
to him by his client In that relation, is
declaratory of the common law and does
not prohibit an attorney from testifying
to the facts relating to the preparation
and execution of a will drawn by him.
Including the information Imparted by
the testator. In a proceeding to contest
the will on the ground of undue Influence
and fraud.
Ait the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
Seal. Clerk Supreme Court
No. 19.040.
John T. Giles, Appellant,
vs.
John P. Ternes, Appellee.
Appeal from Sedgwick County.
Division No. 2.
A V FTltlwf
Syllabus. By the Court. Johnston. C. J.
1. In an action to recover damages
from the owner of a horse and buggy
for alleged negllence in colliding with
plaintiff's automobile on a highway the
defendant filed a pleading called an an
swer and cross-petition and in it alleged
that the collision was due to the negli
gence of he plaintiff himself, and on that
basis defendant asked a recovery of dam
ages from plaintiff. HELD, that con
tributory negligence of the plaintiff waa
an Issue In the case and that the court
was warranted in Instructing the Jury to
the effect that if the negligence of plain
tiff contributed to the Injury he could
not recover from the defendant although
tna allegations or the plaintiff's neglt
, gence were contained In that part of de
I fendant's pleading designated as a cross-
i petition.
2. The requirement that:
I "Every automobile or similar motor
vehicle shall be so constructed as to ex
hibit during the period from one hour
alter sunset to one hour before sunrise
one or more lamps showing white lights,
visible within a reasonable distance in
the direction towards which the auto
mobile lg proceeding," (den. Stat. 1909,
see. 449)
Is Intended for the guidance and benefit
of the persons driving or In charge of an
automobile as well as of others who may
be using the highway at the same time.
3. It is the duty of - the - motorist to
keep a vigilant watch ahead for other
vehicles as well as for pedestrians upon
the highway and the lights are required
to enable htm to see persons and vehicles
on the highway In time to avoid them as
well as for the protection of those oc
cupying the automobile.
4. A motorist Is not necessarily negli
gent when he drives his automobile on
the left side ef a highway as he la
privileged to use any portion of the
traveled part of a highway except when
he Is about to meet and pass another
vehicle and then under the law of the
road he is required to turn to the right.
I. Without the evidence bearing on any
question in the case it can not be de
termined on an appeal that an Instruc
tion given, even If erroneous es aa ab
stract statement of the law, waa pre
judicial error.
All the Justices concurring.
A true copy.
Attest: T. A. VALENTINE,
SeaL Clerk of Supreme Court.
No. 19.039.
- ' 8. T. Fear, Appellee,
vs
Asa Barwtse et aL
(H. K. Sadler). Appellant.
Appeal from Elk County.
AFFIRMED.
Syllabus. By the Court. West, 3
1. An attempted forfeiture In Utt of a
school land sale was evidenced prima
fade by the entry "Forfeited See Files,"
but the testimony snowed that the notice
wss not addressed to any one then shown
by the records In the county clerk's office
to have any Interest In the land. Held,
that such notice was Insufficient and such
attempted forfeiture void.
1. One taking possession of school land,
a sale of which Is supposed by him to
have been forfeited.' erecting a house,
making ether improvements, and eomttsj-
LEAVE IT ALL TO A
LFCATj.
ulng to live therein for years, thereby be
gins a hostile adverse possession as
against the former purchaser, although
he does not for a year or more enter into
a contract with the state for the purchase
of the land.
. Possession to be adverse need not
be under color of title, but must be with
claim of right. Claim of right, claim of
title, claim of ownership, and hostile pos
session, are different expressions used to
indicate the intention of the possessor to
appropriate the land to his own use re
gardless of his rivals' claims.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
SeaL , Clerk Supreme Court.
No. 19,088.
E. D. Terry, et al.. Appellees,
vs.
The Kansas Gravel Company, et al., (In
tervenors), . Appellants.
Appeal from Lyon County.
REVERSED.
Syllabus. By the Court. Benson. J
1. It is held that there was error In
sustaining a demurrer to the evidence,
which is reviewed in the opinion so far as
necessary to the decision.
2. The practice is approved of reading
pertinent complete parts of the deposi
tion of a person who is again examined
as a witness on the trial and whose at
tention has been properly called thereto
to show contradictory statements. Instead
of limiting the examination to certain
detached answers In the deposition.
All the Justices concurring.
A true copy.
Attest:
Seal. D. A. VALENTINE.
Clerk Supreme Court.
Mo. 19,330.
E. F. Richey, Appellee,
vs.
T. J. Ferguson, et al.
(C. R. Dolllngs as Sheriff, etc.. Inter
pleader, Appellant.)
Appeal from Hamilton County.
AFFIRMED.
Syllabus. By the Court. ' Smith. J.
1. Wllkerson v. Savings Bank, 62 Kan.
718. 36 Pae. 792. as to the invalidity of sec
tion 27, chapter 109. Laws of 1893, Is fol
lowed. 2. Chapter 182 of the Laws of 1909. hav
ing a comprehensive title, section S01'
thereof is valid and under the facts shown
by the record Is the law applicable to this
8. Generally the term "prior creditor"
as used in section 6096 of the General
Statutes of 1909, means the creditor who
Is accorded priority in the judgment en
forced by the sale.
All of the Justices concurring.
A true copy.
Attest: ; D. A. VALENTINE.
Seal. Clerk Supreme Court.
No. 19,263.
The Alliance Co-Operative Insurance Com
pany et aL, plaintiffs,
vs.
W. B. Gasche. et al.. Defendants.
Original Proceeding In Quo Warranto. -Judgment
for Defendants.
Syllabus. By the Court. Mason. J.
L. A director of a corporation can not
be removed because of hie failure to take
the oath of office after a re-election, or
because of his neglect to attend to hie
duties, without notice and opportunity
to be heard.
2. Where at a corporation meeting a
motion is made to take action which as
a matter of law Is beyond the power of
the body, and the president declines to
put It on that account, his refusal to en
tertain an appeal from his ruling Is not
Just ground for removing him and sub- I
sti toting another presiding officer. f
a. upon tne zacts oi tne case nem that
the separation of the members at the an
nual meeting of a corporation resulted in
a falluure to elect directors for the en
suing year.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
SeaL Clerk Supreme Court.
No. 29.026.
Ada HarrelL as Administratrix of the
Estate of George W. HarreU, Deceased,
Appellee.
vs.
George N. Johnson. Appellant.
Appeal from Comanche County.
AFFIRMED.
Syllabus. By the Court. Johnston. C- J.
A renter of land agreed with the owner
to put In a crop of wheat and harvest it,
each to take aa his portion one-half of the
crop with the exception that in the event
that the land was sold before harvest
time Instead of a share of the crop the
STRAC8ER
LEG Alt.
renter waa to receive from the owner cf
the land the value of the time and labor
expended in putting In the crop. Hearing
that the land had been sold the renter
failed to harvest the crop and the owner
procured it to be done, and also sold and
otherwise disposed of ..the -wheat- Upon
a trial .the Jury awarded .to. the renter
the value of one-half 01 the crop less the
expense of harvesting Jt determined by
the customary rate for harvesting wheat.
Held, that , there was testimony sufficient
to support the verdict.
All the Justices concurring.
A true copy.,
Attest: . D. A. VALENTINE. -
SeaL Clerk Supreme Court.
No. 19.028.
Emma A. Parks, Appellee,
vs.
Charlotte 'Baker and Thos. C. Baker, Ap
pellants. Appeal from Washington County.
REVERSED.
Syllabus. By the Court. Burch. J.
Findings of fact based on parol evi
dence relating to the situation and condi
tion of property ambiguously described in
a deed, the conduct of the parties to the
deed when negotiating the sale, and the
practical construction given the instru
ment by the parties to it, considered, and
held, to explain the ambiguity and Identi
fy the property.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
SeaL Clerk Supreme Court.
No. 19, 016.
Charles, Appellant.
U. G.
Asa M. Black, AppeUee.
Appeal from Sumner County.
AFFIRMED.
Syllabus. By the Court. West, X
The sole question presented by the ap
peal being one of fact and some evidence
being found to support the conclusion of
the trial court, such conclusion, under the
well established rule, must stand.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
Seal. Clerk Supreme Court.
No. 19,687.
In the Matter of the Petition of Jake
Weinman for a Writ of Habeas
Corpus. .
Original Proceeding bit Habeas Corpus.
JUDGEMENT FOR PEITIONER.
Syllabus. By the Court. Porter. J.
Notwithstanding the provisions of Sec
tion 250 of the Criminal Code, which de
clares that where a person is convicted
of two or more offenses at the same time,
the Imprisonment upon the second or
subsequent convictions shall commence at
the termination of the imprisonment upon
prior convictions, if It Is not stated In
either of two sentences imposed at the
same time that one shall take effect at
the expiration of the other, the periods
of imprisonment named therein run con
currently and are executed simultaneous
ly. Upon the expiration of one of such
period of time the petitioner is entitled
to be discharged upon habeas corpus.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
SeaL Clerk Supreme Court.
No. 19.014.
Ralph) Martin, AppeHee,
vs.
. The City of Columbus, Appellant,
Appeal from Cherokee County.
REVERSED.
Syllabus. By the Court. Benson. J.
1. Where It is contended that the col
lision of the left wheels of a vehicle with
a defective crossina upset the waaon and
caused an injury and ' the Jury find
against the contention, the fact that the
right wheels did strike the crossing is
Immaterial if the crossing was not de
fective at that point-
2. The decision in Kalina v. Railroad
Co., 69 Kan. 172, 76 Pac 438, declaring the
effect of the answer "Don't know" re
turned by a jury; to a special question is
followed.
3. In the trial of an Issue arising upon
a charge of negligence of a city in main
taining a defective sidewalk crossing in
sn Improved street, a description of the
street, the crossing, and other objects or
things affecting travel at that point to
gether with the particular use made of
the street snd crossing at the time were
matters within the comprehension of a
Jury, affording sufficient means -of In
formation - concerning the reasonable
safety of the crossing. The opinion of a
witness who has constructed or repaired
such crossings elsewhere that It was not
in proper condition, or what reps Irs were
required to make It safe, should not be
admitted.
4. Instructions given and requests for
others are examined and commented
upon.
Burch, J., Mason, J., Porter, J., con
curring. .Johnston. C J.. Smith. JM West,. J., dis
senting. -A
true copy.
Attest: ., - D. A. VALENTINE.
SeaLl . ,r." Clerk Supreme Court,
No. 19,018.
Melissa Thompson, Appellant, --
vs.
William H. Mllllkln. Appellee.
Appeal from Chautauqua County.
REVERSED.
Syllabus. By the Court. Porter. J.
1. plaintiff sued for an accounting for
oil taken from lands which she claimed
belonged to her, and sought to avoid the
effect of an oil and gas lease on the lands
executed by herself, and also a deed con
veying her Interest in the land; first, on
the ground that they were obtained by
false and fraudulent representations of
the defendant; second, that the land was
occupied by herself and children as a
homestead, that her husband who had
abandoned her never Joined in the con
veyances. The pleadings show she learn
ed of 'the fraud soon after the convey
ances were executed but delayed bringing
her action for six and one-half years
thereafter for the purpose of securing
proof to establish the fact of fraud and
to discover whether in fact her husband
was living or dead. Held:
(a) The cause of action so far as it
rested upon fraud and misrepresentation
lg barred by her laches and delay.
(b) The cause of action for the recov
ery of the homestead ia not barred by
delay, and plaintiff is not estopped from
asserting her homestead rights on the
ground that she represented herself to be
a widow as the pleadings allege that de
fendant acquired his Interest under the
lease and the deed with the same knowl
edge of the facts concerning the absence
of plaintiff s husband that she possessed
at the time the instruments were ex
ecuted, and it was error to render judg
ment against plaintiff on the pleadings.
2. The unexplained absence of a per
son for more than seven years Is prima
facie evidence of his death but not con
clusive evidence. The presumption is one
of fact subject to be controlled by the
actual facts proved. Before the pre
sumption obtains at all there must be a
lack of Information concerning the ab
sentee on the part of those likely to heal
Jrom him after diligent inquiry extending
to the places where Information ia likely
to be obtained.
All of the Justices concurring.
A true copy.
Attest- D. A. VALENTINE,
SeaL Clerk Supreme Court,'
No. 19,645.
Ralph Purdy (Lester Purdy, Guardian of
Lester Dale Purdy, Minor, and Mr. and
Mrs. J. N. Purdy, Appellants).
vs. '
Annalou (Purdy) Ernest, Appellee.
Appeal from N sosho County.
AFFIRMED.
Syllabus By the Court. Burch, J.
L After the death of the plaintiff In a
divorce action, to whom the custody of a
minor child was awarded, the decree may
be modified by giving the custody of the
child to the defendant upon motion made
in the divorce action, and without revivor.
2. In such cases persons having an in
terest in the custody of the child adverse
to the motion should be notified, and they
may appear and produce evidence, and
may appeal, without the formality of be-
i ing made parties to the litigation.
! 3. The attorney for the plaintiff In the
' original action may appear for the de
fendant In the proceeding to modify the
decree when the motion ia based on con
, ditiona arising subsequent to the original
, decree and the attorney .is not required to
i violate any confidence reposed in him by
his former client or to do anytbin in
juriously affecting his former client's In
terests. AH the Justices concurring.
A true oopy.
Attest D. A. VALENTINE.
SeaL Clerk Supreme Court.
1, . ' - No. 18,994. . . -
W. R. Benu, Appellant,
vs.
E. W. Slaymaker, et al.. Appellees.
Appeal from Harvey County.
AFFIRMED.
Syllabus. By the Court.' Burch, J.
1. On April 12, 1912, the managing part
ner of a firm returned its personal prop
erty for taxation. No steps were taken
to correct the. valuation which be placed
en the property until April 33. lftU, when
. ' --DY OD" H5;H
LEGAL.
the passive partner filed a petition with
the tax commission to reduce the valua
tion, alleging that the valuation was ex
cessive and was made so with intent on
the part of the managing partner to de
fraud him. The tax commission ruled
that it bad no authority to grant the de
sired -relief. -Held, the ruling was cor
rect. -
2. The decision in the case of Finney
County v. Bullard. 77 Kan. 349. 94 Pac,
129. that an assessment is not deemed
fraudulent merely because it is excessive
and that a court of equity has no Jurisdic
tion under Its general power to correct
an unequal or unjust assessment when a
statutory board has been provided for
that purpose, approved and followed.
All the Justices concurring.
X true copy.
Attest: D. A. VALENTINE.
SeaL Clerk Supreme Court.
No. 19,002.
Ernest F. Boger, Appellee,
vs.
Richard Rohrer. as County Clerk and
County Assessor, et al.. Appellants.
Appeal from Geary County.
AFFIRMED.
Syllabus. By the Court- Mason. J.
On February 21. 1913. the owner of a
tract of land executed a contract which
gave to the other party the right, under
certain conditions, to acquire title to It
by paying 823.500, In addition to 81,000
which was paid at the time. The contract
was assessed at 823,600 as the personal
property of the proposed vendor, who pro
cured an injunction against the collection
of the tax. Under the contract the plain
tiff was to retain possession of the land
and pay taxes on it until March 1. 1914. At
that time the proposed purchaser could,
upon the payment of 9500, take possession,
to be retained so long as he should com
ply with the conditions named, looking to
the ultimate payment of the full amount
named. HELD, that the injunction waa
rightly granted.
All the Justices concurring.
Attest": D A. VALENTINE.
Seal Clerk Supreme Court.
First published In The Topeka State
Journal Wednesday, Sept. 23, 1914.
... Bj
State of Kansas. Shawnee County, ss.
In the matter of the estate of Cell
Dlment, late of Shawnee County, Kansas.
NOTICE OF APPOINTMENT.-
Notice la hereby given that on the 16th
day of September. A. D. 1914. the under
signed was. by the Probate Court of
Shawnee County. Kansas, duly appointed
Executor of the estate of Celia Dlment,
late of Shawnee County, deceased. All
parties Interested in said estate will take
notice and govern themselves accordingly.
BEN DIMENT, Executor.
BIIXJARDAND OCKETTABLKt
FOR SA UK New and second-hand earoB
and pocket billiard tables and bowling
Dm Wa lead the world la cheap fix
tures: easy payments Send for catalogue.
Brunswlck-Baike-uoiienoer -o-.
Main street. Kansas City. Mn.
TTPKWKITKRS.
ALL MAKES for sale or rent. Best me
chanical depertirent in the country.
CRANE at CO.
Tmwln Wsn 48 Tears In RtMlnMB
ATTORNEYS AT LAW.
HIRAM C. RCOT. Attorney at Law.
Abstract and Real Estate sad probate
t fri'.T ftM Topeka.
MOVING.
HOUSEHOLD goods moved 82.00 per van
ioao r. x i ' r i !-,--i i iii, nu . im.,
more McNaneht 4341.
FICI'IJIjlEJFTBAMnfO
FRAMING, re gilding, mat making, mount-
tag done by J. D. Sullivan. 128 W. Eighth.
PHYSICIANS AND SURGEONS
DR. J. M. JAMISON. 327 Madison. Spe
cial diseases. Phone 939.
FU Km Kits.
JOHN PETRZILEK. the only practical
- furrier m Kansas, 127 W. 7th. Topeka,
MONEY.
MONET to loan on live stock, pianos,
guns, typewriters, household goods and
personal security. L. Biscoe. 623 Kan. ave.
MONEY TO LOAN on city and farm
property, any amount, low Interest
rates, and moat liberal terms. Call or
write for our Plan. W. M. Forbes Co
MONEY TO LOAN ON ALL KINDS Ol
PERSONAL- PROPERTY.
Horses, cattle, pianos, diamonds, house
hold goods, libraries, typewriters. auto
carriages, machinery, snd to salaried pes
pie. F. 8. Thomas. 819 Kan. Ave. Tel. ML
MONEY TO LOAN ON FARMS AND
TOPEKA REAL ESTATE.
If you wish a new loan or have a ma
turing loan or wish to change your loan,
either farm or city, write or call at our
office, first floor. New England Butldtnaj,
BETZER REALTY LOAN COMPANY.
Established 1888.
INSURANCE.
insens togh frdtsjji
Before It bwrna. with T. 1. Nichols Bone.
629 Kansas ave.
STOCKS AND BONDS,
COLUMBIAN BLDO.
mt end railroad boa
and cooper stoeka. Flrat and
mortgages beuaht, sold and pissed.
COAL.
Pennsylvania Anthracite 812.e9
Bernlce No. 4..i js.es
Canyon City lump 7.7'
SetnL Anth., screened t.88
Semi. Anth. shoveled... XM
Illinois 8Je
Frontenac of Weir City, lump.......; 4.76
Frontenac or Weir City nut AM
Osage City, deep shaft .
Burllngame, lump 4jf
WILSON CASH COAL CO.
Phone 8642.
topjeixa TEiAncrni: a
STORAGE CO.
MOVING PACKING 8TORAOm
FmPROOF VAKZZOZZZ
Separate locked rooms for nmiasfcoaf
goods.
Phone [phone] Adams ft, .
ATHERTON TRANSFER. Bast plan leg
moving, storage, packing and shipping.
in yr . nn at. rnone iv.
MERCHANTS Transfer and Storage CSZ
furnish expert packers; also look after.
freight. Phone 4186. C D. Skinner.
uaycs ruovea zzsji
for fresh flowers, wed din's and ' fussi sis
a specialty. Everything grown in our own
grsennousew not smppea in. sis
ave. pnone 77-w.
MRS. M. E. HOLCRAFT Cut flowers.
flotl designs. 807 Kan. ave. Phone lie-W.
NjPEKTAJjJNCL
Lv 86.' FEMWbU, funeral director and
embalmer. T. E. Jones. Ass' I. First class
service. 608-616 Qutncy et. Telephone t-t.
fbuna 28L Day and Night.
HAWLEI A STEELE.
Funeral directors snd embalmera. Ill
8th ave Mrs. Root. Steele, assistant.
-' MACHINE SHOPS.
WANTED Tour lawn moweV tooverhQ
and grind, factory process. CL80. Tel.
Howard. 1STL Free delivery.
PA'
TENTS.
1 1 1 an ri .
J. A. ROSEN, patent attorney. 418
Cider Work a Phone 2318 Black. .
LADIES" EXCHANGE U4 E. Tut, i.
J-SBJO a-a , , . . .