T rorrorncE notice. m. every Tuesday By rail to Philadelphia ami ti-ence hr st-sme- -lr.e at tn.s oif.c at II . p. m. every Wednesday. 31 IQUElAlN I-y ai. to l,.'siu and 1V--ce tv ii?dmT, cl.se- at t. is office daily at EELlZEmrt"ERTO COr:TZ and GUATE MALA By mil to !fw Orleans, ar.d tr.er.re N itpanc, cnH "t this onVe cial.y, except Sin'li). a: . .30 p. m. ml il:.Ki p. rn . "Sunday at 11 p. m. and til 30 p. m lr"' '"8 mail loes here 11 i. davs at JU.JO t- -n. COSTA PI'-A-Py rtll It Saw Or!an. ail i ner.ee by hmhit, cioo at 'his ofh-e d-l.y. n-'fi Hu-idxy. at Jl.So p. m ,4l(j .l .' p. m.. Sundiys at 1 p. m. and 11 j p. tn. -conn c ing nail closes her jiiej days at 1.1.30 p. m. BAhAMA.1 ix rpi Parcels-Tost Malls.) By rail t' Miami. Kit., and thence hy steamer, closes at J'.l .Hi p. m. every Tues i v. IRE'il.TERED HAIL. cIofbs at p. in. previous day. Traaaparlle Malta. FHTLIFriNE ISLANDS, via Sin Tian clco, cloe heie daily at W p. m. up to De-ember 1.7. Inrl i I.e. for despatch per Vnlted State lrrr.or(. CHINA AND JAPAN, via Taroma. c o J here dally at 3n p. m. i:p to Deee.nb-r lth. Inclusive, f.ji- despatch per a. a. olympla. TAHl.l ond MAr.QTE.'AS ir-T.A.VD-i, t ia Pan Franctso. c'oms h -re dally it p. m. up to January 1, inclusive, tor des patch per a. a. Marlpr. IlAWtll. JAPAN. HINA and 1'Htt.ir PiNE ItM-AND". li Sai Fran.i,, r. se here dally at m p. m. up to Janusry d. Inclusive, for drspsich ptr a. a. Sibeiia. Haw Ail, via ban i-'.amlcu. cose uere daily . r. m. up to January . inc.a slve. for despatch per a. s. Alameda. CHINA am aAP.V la Se-i.tl-. c her dai.y at 30 p. m. up to January Pith, in clualve, for fliipaun j.er a. a. ttuuano Mani. AUSTRALIA (except w-tv TIJI IPT A.NDd ANDS and NEW CALEDONIA, via. Vancouver and Victoria, U. 1J.. cl- se here dally at 4 So p. m. up o Jar.uiry Sin. lncluaive. fir 0-spatcri p. r a s. Moiro HAWAII. JAPAN. CHINA and )H. LIP PINE I9LAND8. via 8an Frar.clcc ... c oe here daily at .3J p. m. to tnurv 51uh. Inclusive, for despatch per a. a. Cop-.i;:. JVEW ZFALANl,. m BfiULlA oacept 'lt), NEW CALEDONIA. FIJI. SA MOA an-1 HAW Ml. v ti.tn FnncVo. cloa hr daily at 6.33 p. m. t:p to Janu ary ;jth. Incliiktve. fur dpatch pfr a. a. Bonoma. (If the Cunard ateamcr cflrryirg the B I !n m.-ii: :nr ;.w i.-a..an-l not arrive In time to connect witli tl,w dlfpatch, extra rra 1 cioaing .it a. m., 5:30 a, m. and C CO p. -a.; Sundava at a. m.. a. m. and C 30 d. ;.i mil lt mada up ar.d forwarded unt:t Lie arrival of the Cunard t?a nor.) CHINA and JAPAN", via Vancouver and Victoria. H. C close bera daliy at i.si X. m. up to January ..h. Inclusive, for eapatcb per a. a. Emprraa cf Japan, i Mer chandise for V. H. postal Agency at Bnanchai cannot be forwarded via Can adaj NOTE Tnle cthe-wlse addresod ' West 4utra'la l forwarded via Eurot, and Now Zealand and Plii:irnin- vii f-. Francisco tha quickest rout-s. Philip. or "via Eurg i.'" roust Li fullv rro.il.l t tha foreign rate. Haw-Mi a lorwraed via Sun Kranclco exclusively. Tranepaciflr malls are .orwarde J ,o pert of e.lllr a; dally and the- schedule o c oginK Is sr.angeM on the presumption of their unlntfrrupted ove.lnnd transit, (rteais tred trail clns-a at p. m. p-ertoue X&y COHN'ELlt 8 VAN (. OTT. r-"-nJi'r. Postotflca. New York, N. T.. Decemb.T II 19C.X pAILWAT TIME CAHU. taiOl tTATIOX llria A5D MARCT. Illtaala Ceatral. - lieave. Cuicag-o Express a 1m am Arrive, alu -Ja pm vuiuuu, oiuineapoiia at . St. Paul Limited a 7:50 prr, a S.C5 am M1nnap..Ua St. Paul Express b 1-JO am b 10:35 pm Cklcasa A Ksrthwaatera. The Northwestern Line. Vs rY, .... Local Chicago Wail Local Ploux City.... L)ayll;ht bt. Paul., payllght Chicagj... Lamlud Chlcaj.... iaat Chicago Local Chicago Fist Bt. 1-aul lit- Paul I. unrau .t!4j ain a 7S am ..aU.U am ..a i.iu pm ..'a 7:50 am ..a 8:00 am ..a a:2S pin ..a 6:&0 pm ..a 4.2a pm ..a Oi pm a 1.30 am b I. as pm alo:uo pia a 11. 20 pm a :l am a I.- pm llji'tm a t.Zi am a t .0 pm a t:M am bl0:3o am bW:J6 am Fast MaU Loca; bloux Cl:y b 4:W pm Norfolk at BonestMl....a .ui am Laoeuin A Long I ln....b 1 :0s am and LincoiasAi t am- -a:10 pm Caspsr Wyoming Et.d J.W pm a:10 pm Hastings, buperlor and Albion b J H pm b 5:10 pm Csiss Psvcia. Oysr sod Limited a : am a 1:05 pm Ihe Fast Mall i :.il in 1 1 J (n Ca.lfumla Express a . pm Ihs Chicagu Portland Spacial a I 20 pm The i ortland - Cbioago Special a 180 pm Eastern Express a 5:1) pm Tha At.anUo Express ill-j am Ths Colorado dpsclai...aU.35 pm a 3 40 am Chicago tpwial a 3 40 am Lincoln. Beatrice and StrmKburg Kxpre?s..b 4:"0 pm b!?:S pm Columbus Local b 4 00 pm b ( 3a am Ck1cs Grs-at '.slsrsu & St. Paul at Minns. apo'la Limited a 6:3 am 104 St. Paul Minne apolis Express a T:35 am Vt Ft. Dodgs) Expraas. t:5s pm 20 8t. Paul Minna. a polls Limltso... ...a 7:55 pra T Ft. Dodgo Ex;rss.. all JO am 103 St. aul A Minn. apc:a Express a 3:30 pm Cafe-aso. Milwsaass 4k Bt. Paal. Chicago Daylight a T:G5 am all:l pm Chicago East Et press.. a 1:4s pm a 3:10 pm Overland Ian M tnd a i:M pm a 1:14 am tea Moines Expres:....a T:a5 am a 3:10 pm a m htma k t. Louis "Cannon Ball" Express a 6:53 pm a 3:20 am Bt. Louis Local. Coun cil Bluff a 1.15 pm a 6:16 am Mlsaoarf Pae-lfta. Bt. Loula Exprssw al0:00 am a 6:3 pm K. C at St. U Expraa..ali0 pm a 6:16 am Caleaga. Rack. Island Jk Paclalc. EA6T Chicago Daylight L t d. a 3:3 am a 3:SC am Dayl.iit Local. a J.uO am a 1:3 pm Chicago Express til U am a 5:ai pm lx-a Molnts Expraaa a 4:Jt pm bil.iiaia Chicago Fast Express. a 5.40 pm a pm WEST. Rocky Mountain L t d. .a 7:30 am a 7:36 pta Unculn, Colo. Springs, 1-onver, puebio som: . Weat a 1:30 pm a 6:06 pm Taxas. Calltt-mla and Oklahoma Flyer a '4:10 pm al!:4J pm CRLIXGTOJI ITATIO lOtk Jt MAOS. Ckteaara. Barllag,taa dt 4)ala iT. Arrive, a 3 ."S pm a T 4s am all t pm a 7:15 pro 3:45 pm Lenvs. Thlcago Fpaclal il-ulim Chicago Vsatlbuled Kx..a:isjpm hn-aso Lwal at. IS am ChicaKO Limit d .. a 3:05 ana Fast Mall Bas-llaa-taa A Mlsaaarl River, V-'ytiora, Beatrice and Lincoln a ( Si sm Netuaaaa Express aXviaiu Denver LlmliMl a. 4 10 puj Llack Hills and Puaef Sound depress all 10 Dm Colorado Vsatlbuisa Fler Lincoln Fast Mall oS.STpiu Fort Crooa aud PUtta- mouth b 310 pra Batievtie Pacific Jot. ..a 7 '.) pra keilevus A Picirlo Jet.. .a 6 30 am Kaaaaa tltj, kt. Joseah ak BlaaTs. Kansas C!ty Day Ex... a 13 am bt. Louis Flyer a C -5 pra Kansas City Mt: Ex . . alu .ti pm bi: 06 pm a 7 45 pm a vj am a 3 30 pm til) pm a 5.06 pa blO:3E am a S axu Cm aril a C K prtt all a am a S.30 am W EBSTER DEPOT 131 h ah WEBiTEk, Mlsaoari PaciSv. Laays. Arrtr. Nehraka LocaL via We pine Water b 4 1 pm al? 35 am Chlraga, t. Paal, . alsacsssll 4k Omaha. Twin CHy Passenger. ...a 6 30 am a i 16 pm r-ituxCuy I'aMKUger l I ill pm all X am Oa-aiui.J Local b a ia pm b 3 46 am a Daily, b Dally exrept Sunday d Daily U.-.-CM Saturday, a Dai.v except iljuiay. Uaalrla Held fur Ma) heat. BLAIR. Nab.. Dec JT. 8pcUL tKck ranlU who waa arrested last week far blU-ig an ear off of Henry Swri and knock ing soma tevtn out of K Ulroad Agent Uoodrteh, had his prellaiuiary examination yesterday befure Cgunty J-idge Marsha!!. At a haariag on last Tuesday Da-aids pljJr not gulily. lie was uvday bound aver te the spring term of tbs dbrtrt. oourt, with ban Cxad at 6j0, which so far ka) tvaa bvwii unable to give OMADA LIVE STOCK MARKET Boh Corn Ted S?n tnd Cawi Considfnblj Higher for thi Week. HCGS ALSO SHOW IMPROVEMENT Aa Compared wlta Week As Haady Wrlasbt Sheep aad Laaaba Mas- B ttaotrd Straa aad Artlve . Others Akoat Steady. SOUTH OMAHA. Dec . P.ecelDts wore: r.llr. ilS'- ... l 1 o.lil Orietai Monday t'::.i-ial 'i utritoa Otfl':lal Wednesday.... ortic-ial 'ir. jraoay Offlclii i ild.y OltK-ial batuTwMyt Vek ending Dsy. Ht. fc?K eaoin let:. 13. Weea eniiiH Let. 1J. Wt-ek er.oing :. s. Week -r.dii.g Nov. a. Etiim' we-k .at-t yetr. ... 1.--7 J it. .4 ..' .... 5. J.1.1 ... Ko.lda.v , . . . .( t.iCiT i..li. rii 1.D3B KECEIPT8 FOit TliU VKAK TO DATE. lnu tuliuwu;g talus siiows the receipis o( catii, h-.s-J and suetp at bui:lh u.uah i lor the tear iu tiate ai.il comparisons wuB 1J03. Ij2. lot. tC.JSt Dec. lrliiii t-.ttue l.Gai.4'.d is.r.il il'H 2.ls.ua 2..,lJ.ii'!l Sh;p 1.M4, 1.7j.tH 116. 42 AvrrjH (.".' pa, a tai r.gs at Scuth Omana lor ti:s uui aaveral uajs wiUi ccm paiisona: Oate. UOJ. liv!;.ijl.;iJ00.,U..:lt5.ilS!?. De". 1., I 4 34 V! 1 4 I 4 ), I 4 ,.),, ;. 4 3v! 6 ) ( l l a i a -4i ii V Uui L; va, i 6 . 6 09! il 6 mi I, "1, -VI ! a sut i e S8 4 64a u. k Ua, 1m b UB 4 M; IH, 4 l 4 7l 111, 1 13, 4 twi 14 4 . i l4i 4 .( a S.l Sit ii. 4 4 m I 4 b4j 3 I 6 4 4 63: liti 4 ii Uj 4 h i Si : :i 3 iSj 3 jii j i a ia ir, 6 351 6 S 3 LB I 3 U 3 joi 3 i; 3 - 3 13 3 311 6 M 111 3 37. t.i n 6 rr 3 t4 3 .'i 3 St 4 i u 13; 3 2i 3 33 3 iz 3 -i uc t. btc. Lee. Oec Use. Lea JlC. Lec. Dec. Lcc. .V! 3 CO! 3 ki 3 I., 3 U, 4 ui V-i K 4 5 65 4 01, 1 3 W 3 IK 3 4 CI 4 .SI 4 4 4o t 4.-f), 4 t:a, 4 44",' 4 ;:S. a .- w a. Dec. U. 1C. Li. Lec. n. Dec. li. Ic is. Lac. i;. Les. it. Dec. 16. t'ec. D. 21. t-uc. ;2. Loo. ij. I tc i4. Dvc. 3-. Lec. .6. 4 .Si 4 ov: 4 3U I I 4 13 , 4 , 4 4', Hi 4 V. k U4 iV 4 bl 4 bc 6 16- H 15. e 24i I 6 otj 8 1i 3 34, 3 it 4 'J4, i 31 3 3, 4 -:6' 6 4 3 M 4 Cr 6 3 li 4 38 4 11, 6 601 Indicates gacdsv. indlratas Lellday. Tha ortaai number of car of stock brought la by sacn road was. Cattle. Hug. Sheep.H'r's. C, M. St. P. Hy.... 3 ia I.. 1'. system 11 2 1 C. ac N. W. tvy 16 F E. t M. V. R. R... .. 7 1 C, bt P.. II. 4k 0 4 4.. b. 4t M. Ry ., '.. a. (a. Hy 1 K. i. a J It C, H, i. m, P., aaftt C, H. L 4k P., wast 1 1 lllln-jls i. ei.tr. 1 2 CUiuago Uu Wss.ern. .. 3 Total rceaipta 16 68 6 4 The dispoaitlun of tha day's receipts was as follows, tain buyer purchaaitg tus nuifl bsr of hsad indicaleu: Cattle. Hog. Sheep. Omaha Packing Co 417 ..... bwlit and eumpany Cudahy packiug co Lola 1 Armour & co J 1.U1 Cudahy Pack. Co., K.... C 377 Armour', feloux city 60 LS07 OUisr buys. a 1 Total 4Z6- 4.161 l.33 CATTLE Thera were several oars of cau tie reported this morning, but tney wero all consigned ulrtct to local packers and as a raau.1 a tst of tha market was not mada. For that reason there is little to bo said of the cattli sJtuailiin tn aduitlon to what baa already been puullsned. It should bo noted, however, tuat tne Chicago .market baa closed 10c to lao lower Uiau tha blgk point. As compared with a weok ago. corn-fad steers at this point can safely be quoted 3c to 4c hlgner, owing to the s-nall num ber that have been on saie this week. Packers all had to have a few and as a re suit It was an easy matter for atlesmen te force prices up at a rapid rate. Warmed up cattle are now se.hng from 63.00 to 63.4, fair to good from 4iw to H.5. and 'd to choice from $4.50 to (6.10. The bulk of Uji cattle coming forward, however, are sl!rt fed and for that reason sales above 34.76 have lean very scarce. The cow market waa active and stronger most all the week. Rec Ipts were light snd the demand good. The greatest Im provement waa on the klnda selling around 33.50, or. In other words, the medium claxa. The good kinds jIso Improved considerable, snd even cannera are a little better-than they were a we-k ago. Tha general market could best be described by calling It 15c to 2Sc h'gner. Canners eell from 6L73 to fc.!5, fair to good gr-tdos from 32.15 to 32 75. and good to choice from 32 75 to U 25, with something prime frtm that up. Bulla sre about 10c to 16c hlgtier for the week and veal calves are still seMng In the same notches they have for some time pant. Stuckers and feeders have been In light uptily-1 I the week and the demand hag teen sufficient to make the better grades sell to a little better advantage. The Im provement, however, haa been confined largelv to yeartlna-s of good quality and to good to choice cattle, weighing from Sue to pound" Common rattle are no more th-n sfadr for the week. HOGS There was a email run of hogs on ale this morning, and as the demand was quite brisk the market advanced 66 Mc Medtum weight hogs sold largely around 64 66. Heavies sold from 64.66 te 34 ). The lighter hogs went largely from 34.50 to 4.65. while those weighing under JW pounds sold all the way down to 64.26. It is very evident that packers are not at all anxious for these lightweights unless they can buy them about a quarter under tne neavy hog a. There was not much change tn the market from atart to finish, and as re ceipts were very limited an early clearance was made. For the week receipts show a decrease as compared with last week, but a gain over the corresponding week of last year. Frlcee have Unproved steadily all the week and there la a net gain of aiit Te over laM week's -closing prices. This advance carries nrlces to the high point of tha month. Representative sales: as. At. aa lr. . He. Av. 0b. Ft. at. lu ... 4 X4 4 l ia 4 U U : 4 M 71 2.V4 4 4 14 IT II IN tH St lit 40 4 it 15 t 4 oT at t 4 at U 2M 4 t7s M Ht let 4 it 11 :r SO 4 47 7J T71 So it (1 u li 4 u i tn a- IH u 1U ... 4 4a u 14 tal Hi, U ...Vt ... 4 4 (a re ... 4 471, tl M 4U 4 SJ : 4 17 It 1M HI 4 U ZTt 14 4 al u M 4 W 70 2d Hi I7V ia u ta 4 u :x t7 att m 4 tt 41 ...M m 4 Ha M 1M ... 4 at Tt M 4 4 it It tt 4 4 it IA MT 4 it jf in is 4 M 47 27 ... 11 41 M ... 4 4 41 XM 1X0 I u an la w u. m M I 1X4 4 at bHEEP Receipts of sheep have been about nurma! tor Christmas week, but as cumpared with last week there Is a big de crease. Several care were reported this morning, but they were sold to arrive, and consequently a lest of the market was not mad. The market for the week la not mach different from the close of last week. There has been an active demar-.d for haaJy- welght sheep and lambs, and aa aapplies cf that kind have been rather limited the feel. Ina on that cluas la a Utile better. The markot could nut be quoted higher, bat at tne aame time there ia more strength no ticeable than there waa a week ago. Heavy heep as well as lambs have not shown any improvement snd can be quoted no more than steady. The same la true of tha part fat klnda There have been very few feeders on sale this wsek and prices have remained un changed. u in uKni fir corn-fd s'ock: Chcl--e western la ml. ta.0uV6.60; fair to good ;,rh. 34.5 v50o; go-l to rbi. ce vir' , 13.734.25; fair to giod yearlings. tti'SlT; guod to choice wethers. 4.1 2i.(l.'0; fair to ir-od wethers. 6a.0tf3.36: goeal to choice ewes, C fUll 10; fair to g od ewea. 42. 4S10; mulct feeder lamos :3.--4;4.1,J. fair to fco'l f--ler lambs, 33 2i.i3.PO; lahy lamba, XZ.'Jt I'Ji feeder vur lr. tSS-'ulS. : fer wethers. P 1V;13S: feeder ewea, 31 .7531.26; cuila. 61.at4i7l.7S. Representative sales: Av. Price. 524 west err lamba 73 6 15 fed OWcS bsi 6 CM u43 fvd ewea 107 3 UM kasssa City Live Stock Market. KANSAS Crrr. Dec. 2 4' ATTLE Re ceipts. Li) head. Including -4 aouthems: rcark-t steady t l-c ijwer; export and raaed bef steers, 64.S; fair to good. 63 ait t-'.ii. wcater.i ted jiw-, JH; stock i snd fede", HSuw-4.4 ; a mt hern si a, t2 5im3.at- onthem nil, rj.Sti!..: nti:v row, 31 .SntiAw): sartvs h'lfe-e. it.; ba la. n..f)L' eiiyef. ia3a.et; revipts (or the we k. IS SJO bead. Hold RL.-Hn 4 .- head: market He higher; tet. Was; kialk of eelaa. 64 4elt3; heavy, 64-ajl.m, Paetsrs, 64.4.w; tvapi 7.1."3 J:.TM 14 ten iN'i.j sT.23 i.9t6 o..7i 4s.: 19JJ) 46 3. S4.t:i U -.l i7...;i .si. 1 I.S7.1 27 131 13.?)i and light U0.m; rte-lpts for tne week, i3.:n t.eid. 8HEP AND LA M 8 No r-ipt; Tia'- t-t nominally tad ; ntlve lamts. 34 Sfi 6 5 ; wtern luirb. 3 -Sao, i. fd urn VJ.TS.w. TTte'n f"d Twir.inn". 33'ti.''0; st .tkers sod feed- rs, 110 bJ.A-, rttipta for tne wek. head. CHICAGO LIVK 4TtH K. MARKET. Llgkt Re-eelpta at All Itee-k, wttk Elgher Prtrea fas flasrs. CTTICAO. Dec. -CATTLE Rectlpts. Jf hrsd The ms-kt was nominal. On 4 to prime treers. 56aji5.76; pcor to medium, M.U.i4); suicktrs and feeders, O.T44. ; cows. 3i.5f4B4.0; heifers. liaXrfSCT; canrwr. .40; bUi-s. SlaiM4Jt; cajrea, 32-t044Xi. HOj8 Receipts today. li'H: lmatsd Monday. 4i ) nead. The market wsa 10c higher: mixed and b'irr,er. 4 5.'&4 8"J; good to ch -l- e hovy. 64 a".7 4.a); rcugh h'ay. M-4.v.. light, 64wJtfl.-ii; bulk of salsa, 14 ''; 4 K3. SHEEP AND LAMBS Receipts. head. The market for sheen and lamba wis steady. Coed to choice wethers. 13 Si 4i; fair to choice mixed, 32ilii; Wesi-, ! Tei. M r-ar.".". ns ive laillDK, 4.U XJ 5 ,6. western lambs, 34.i0'a55a. t. Loels Live Stock Market. 37 LO. IS. liec. 23 CATTLE Receipts. 4- hean. ir.c.uding tVi Texana; market quiet b.u slea t.. : na j.'j shipping and exjorl .-teer. 4. 25 -i 2. a ; dreK .1 heef and butcher s.ee.s. .4 .; stecn under lkn lbs., ,3 . .ia.a: s.. tkeis and feeders, 32.-694 . cow.i and he. ters. J2.Ji(i4.5'; cannera, l.7wj bu.l. j 63A: cai.ea. $3 oOcit j- ; Teaaa and iiuliin (ee.s. V2.A(4.W; cows and hcifr. i2.lmii2.75. HOtJi ..ec. Ipts. ..".i0 head; market 10c h.gher. Jigs and iigh-s, 34rg.n6; packers, 44. j 4.71.1, iutc.eta ana best heav. 4.46 4.WI. SHEEP AND LASir.S-No recelpU; mar kit rio.nlnal.y unchanged. Sew York Live Stack Market. NEW YORK, Dec. 26. BEEVES Re ceipts. 515 head. There was no regu ar mar ket tofiiy ana no ssiea reported. Export, .36 cattle i.nd fra) quarters of beef. CALVES Receipts. 49 htad. with no'hlng doing IT.e fee.lng waa nominally t eady. SHEEP AND LAMBS Hecelnta 4(13 had. The market was steady, tiood she; p ' "in av eo " per i'-" pntinus cn-p ana vearl!ng.4, mix-d. at 4.26; fair to prima lambs at 35 x.Hi 30. HCMiS P.ecelpts, 7,8". Feeling nominally sttady. it. Joseph Live Stack Market. ST. JOSEPH. Mo., Dec. JS CATTLE Re ipt. 1.0 head: steadv; nttives. 63.iv 6.u0; rw and h- If rs, ll.5A9i.4o; ctockera Him i-eiern. iz &ni HOGS Feeei;.t 3.7-3 head: market &tf70c higher: llehi, 34 44. ; metlium and heavy. 34.,2V( 16. Btlh.t.lJ AND LAMBS No receipts. loax City Live Stock Market. SIOOC CITT. Ia.. Dec. 26. (Sceclal Tele gram. CATTLE Receipts, lu-i head; un changed; beeves. 63.7F.ua.im; cows, buila and mixed. 31.oiKii3.25; stockers and feed-rs. 32.50 : caivi-s ana yearungs. 333.413:4. HOIJB-Receipia 2.(100 h.ad; maiktt SulOo higher, 6.3ifc4.t,; bu.k. 64.5a Stock In Sight. Following are the rr celrts of live stock at the six principal western il.ies yesterday: t Cattle. Hogs, eheep. Pmaha ' 4o 4.5o7 l.f3i Chicago Jjo 13,000 1.2O0 Kansas City L'"" 4..00 St. Lculs -00 2"") .... tt. Joseph 150 3.7M Bloux City 100 J.0JO Totals.... . -2.SS6 29.t4- 3.133 OMAHA WHOLESALE MARKET. Condition of Trade aad (toetatloas oa Staple aad Faary Prod are. EGOS Receipts mora liberal; frenh stock, LIVE POULTRY Hena, 7c; spring chickens, c; rouaiers, according to age, 4∾ turkeya, Lie: ducks, &; geese jjc. DHEbbEU POULTRY Receipt, libeiai; turkeya. uijbc; old toms, 14c; dacka, liijf Uc; geese, ali-c; chickens, 61416c. BL ITER Packing atock. U-13c; choice to fancy dairy. In tuba, 14igvlac; separator, 24c. FRESH FISH Trout, 10c; pickerel, 6c; Ciae, fee; parcn. 7c; blueflao. Ukj, whlieflsii. 6c; salmoo, lie; haddock, 10c; oodrlah, 12o; redanapper, Uc; lousier, boilsd, per ID., 30c; lobsters, green, per lb., 2c; buiinead. lie; calflsli. lie: black bass, 20e-5c, halibut. Uc; crapplea, 12c; herring, 60; white bass, L.C, bluenns, so OT8TER8 New Tork counts, per can, 43c; per ciL. 62.00; extra selecta, per cau. per gal., 41.75; standard, per. can, per gal.. 31.36. BRAN Per ton. r4-6a HAY Prices quoted by Omaha Whole sale Dealers' association. Choirs No. 1 up land. 7. R0; No. 2, 47.00; medium. 3.-, coarse. 34 .00. Rye straw, 60.50. These prices are for hay of good color and Quality. De-nsrd fair and recelpU light. CORN SSc. OATS 37 o. RYE No. 2. e. VEG ET ABLES. POTATOES Cobrrkdo. Sc; Dakota, per bu., 7Cv75c; native. tbliTOc. SWEET POTATOi-J - Illinois, per bbL, NAVT BEANS Per. bu., 62.SS. CELERY -bmall, per dos.. 351J3c; Urge Cailfornla, ttt.c o.MONb New home rmn, dry. per lb,, Jc; Spanish, per cra'.e. 61.60; Colorado yel low and red. me. CALBAGE Wisconaln HolUnd. 2Hc, T CRN IPS Canada rutabagas, per In., lc; white, per bu., SOc. CARROTS Per bu.. 60c PARSNIPS Per bu.. 6O0. BEETS Per bu.. 6Cc. CAULIFLOWER-Callfornla, per crate, TOMATOES California, per 6-baaket erst, CUCUMBER3-Per do.. B. FRUITS. APPLES California isellflowera. per box, 61.40: New York Greenings, Baldwin ana other vatietlea. 63.6A GRAPES Pon Catawba s, Sic; Imported Malaga, per keg. 66.0tej4.oa. CRANBERRlES-4ersT. per bbl., r.50; per box 32.75: Wlsconaln Bell and Bugle. 66; Bell and Cherry. Is. IgCLNCES CaUfornla. per box. 3126. r , TROPICAL FRUITS. ORANGES Florida Brignta and Russets. mii i'.,e,v '. large size. JS-0tit3 30. LEMONS Cailfornla lancy. 3i0 to 3o6 aixes 64; choice. Z-aJ to ro sixes, 33 60. IGS Caiilomla, per lo-lb. cartons, 66c; Imported Smyrna, 6-crown. 14c; 6-crown, lac; 1 -crown, lsc. CijCOANlTg-Per sack. 64; per doa.. 0e. DATL3 Persian, per box of 30 pkgs.. 62; per lb.. In 40-lfc. boxes, 5Ac; Oriental stuffed dates, per box. 62.40. iu.Sa.Na4-per medium-alsed bunch, 62-00 i&2.2u; Jumbo. 12.723.24. T.DI, S-laCELLANEOUS. CHEr.SE Wlacoasin twwa. full cream. l-xC Wiacocain Young Americas, ll'-w:; biock Swlaa. lo,-; Wisconsin brick. Lftc; VA isconsln limborger. lie. HONEY Nebraaaa. per 24 frames. 33.26; Ltan and Culoraoo. per 24 framea. 63 50. MAPLE S L' GAR Ohio, per lb., 10c CIDER Per bbl.. 66-75; per --obl., 33 25. PoPCoR.N-Per lb., 3,c; ah a. lad. 3Sta. KOHsK RAU1U Par case of . dot, packed. SOc. NCTS Walnuts. No. 1 soft shell, per lb.. 15c; hard shell, per lb., 14c; No. 2. soft shell. Per lb., 13c; No. 3. hard shell, per lb., 12c; Braxils. per lb.. 11c. filberts, per lb., lie; almonds, soft shell, per lb . 15c; hard shell, per lb., Uc; pecans, large, per lb., lie; smail. per lb., loc; peanuts, per lb.. 5c; roasted peanuts, per lb.. 7c; Chid, walnuts. 12jlic; large hickory nuis. par bu.. 61.50; shell barn, per bu.. 32; black walnuts, per bu., 61. 2j; Italian cheatnuta, per lb.. 12c. HIDES No. 1 green, tc: No. 2 greas. act No. 1 aalted, 7c; No. 2 salted. 4c; No. 1 veal calf. to 12 lb., SHe: No. 2 veal celf. 11 to 15 ibs., i-tc; dry salted hides. 8tjl2c; sheep pelts, Si'ilue; horse hides, 31.sCKa2.ia. Cleariasj Hoaso Averages. NEW YORK. Dec 28. -The statement of averages of the clearing house banks of tria city for the live days of tne week shws: Loans 3- 2. Jb2.su. Increase 613..2.uu; oepoa Ita. jags xis.'.ou. Increase I17,tii4, -); c.rtula tlon 64i.A-4.W4. devreeaie 3731. 7'4); legal tender j. 307.W..2.6I. decrease 3o07.uo; sp.elo, ll-l.lii. lneresse 63.2t4 soO; reserve, f.2.. ub4.3Ui. increase 62si..-J; reserve required, 1 211,4. .;5. increase 64.4-e o"7o; evirplis. 412.. .4.5 decrease 31,iio ., ex-Unlied Slates deposits. 621,7Vi.6&0. decreas tl.44ti.tua Baak Cleartags for Week. TIM AH A. Dec 26 Baxk clearings for the . as eoc. pared with tha corresponding UtM. 140? f4T P. 25 4E 61.r.530 64 Tutlay 1.176.H" jg Lu.764 Wednesday L110.SC6 53 1.0J4.75.4 Thurs.Uy I.ff.i6.4 1.403,4ti3 Friday , Holiday Saturday L 2x4.261. 11 ' UtT7 Jh-2.a Aa Increase of 6u0.l-;.27 over tha curre- spoua:cg wee a iaatt year. .few Tork linn mukeL NEW TORK, Dee. -a. Close: Prime) mer-ca.-ifl papal . nointra !y prr r it; 'B, I.VU..1H noujiiiaj. wim Hrmnr bills lil 64.a4n-a4.al for drmsnd, and at lt-l A IB4.a4 f tr sixty daa' tula; p--tJ raia nnr-ili. I . r 1 . , . n .1 , J . . - qv-. -m. ea,.ai-s Treaaory Ha, I a are a. WASniNdTON. Dec 2. Today state ment; r the treasury balances in tbs geri rl fund, exeauiive of r.a0.ws.ul gold rwmmr-wm in ir.e arnsvoa at iKtmptlna, shows: Avsalabla oaau tsxlajioa, fr a as l"iw ow, yj J.a.1. i n miK IN THE BLACK BILLS Homwtak to Htrt Lirjwt 8-tp M il ia th Wo-ld. WILL CRU3H THOUSAND TONS A DAY Other Rig lasBreveaseata Are Betas; Made bs- the f'ampaay Which Will Cast Tbowsaads of Dellara. LEAD, 8. D.. Dec. 27. (Special.) Impor tant Improvements are under way at the Homestske mills. Improvements which will when completed cost, the company many hundreds of thousand of dollars. Or.e hjpdred stamps are being added to the Amicus mill of the company, and thla Is being done without Interfering with the werk of that plant. All the prelimi nary work for the Installation of the new machinery has been completed, and part of It Is now In place. The new engine has been put In and the transfer of the service from the old engine will be made without losing a minute's time. When the work of enlarging the plant has been completed the Amicus mill will contain 240 stamps, each having a crushing capacity of something over four tons of ore a day, and will be the largest stamp mill In the world. Another Improvement which, the company haa under way la the enlargement of Its No. 1 cyanide plant an Gold Run, which now treats 1.200 tons of tailings dally. This plant will be doubled In capacity and work upon the addition is being rushed. To do this new work at the cyanide plant It will be necessary to move the roadbed and tracks of the Burlington electric railroad forty feet In order to give the plant room to expand. Four thousand cubic feet of rock and earth must be removed, the waters of the creek roust be confined to a new channel and when the Improvements have been made this plant win then have a daily capacity of 3,000 tons. Ita Baslaess a Blsi Oae. In addition to its stamp mills. In which an aggregate of SCI are now dropping, the Homestake company Is treating consider able sillclous ore In both of Its cyanide plants where the tal lngs are retreated. At the cyanide plant In Gayvllle the company has a battery of five stamps In operation crushing refractory or sillclous ores pre paratory to cyanldlng. At cyanide plant No. 1 there la one large stamp tn opera tion treating similar ores. Considerable sillclous ore, similar to that found along Dead wood 'and Poor man gulches, overlies a great deal of the Homestake company's ground and the best of this Is being mined and treated at the cyanide plants. These Improvements now under way will greatly Increase the producing capacity of the mines and result in a higher percent age of gold being saved from the treatment of the ores. CUSTER CITT, 8. D., Dec 27. (Special.) Work on the Minnie May mill Is progress ing rapidly and It will soon be ready for the reception and treatment of ore. As the greater part of the values In tha ore from the mine -are free milling, stamping and amalgamation, supplemented by concen tration, will be tha process employed In the treatment of the material from the workings. It la said that an excellent tody of ore haa been opened up In the mine and that no difficulty will be experienced in keeping the ten-stamp mill now tn course of construction supplied with a high grade material. Finds -Qood-Loaklatl Vein. Fred Heldeprelra has Just finished tha annual assessment work on his group of claims southeast of Custer City. During the course of the work, which consisted of enlarging- some of the old workings, an other vein of ore was discovered by the miners employed on the ground. The new rein Is said to carry high gold values, la a true vertical and about three feet wide. Aa yet no assays have been made of tha vein matter, but It la good looking stuff and from testa made by the process usu ally adopted by prospectors gives unusu ally satisfactory results. The quarts Is well covered with specks of telluride and stains of vanadium. It rs the Intention of the owner to further develop tha new find. Stamps will soon bo dropping In the Bun- beam mine on rich ore, and It la believed that when the mill gets In action It will be for a continuous run. For several months the company has kept a force of from fifty to sixty men employed In the mine In getting out timber and cutting cordwood. and is sow prepared In every way to begin milling. It Is said that the plant, a twenty-stamp mill, la on of the most complete In the country, supplied with every modern appliance for saving gold, and In charge of one of the most competent mill men In the west, Superin tendent James Graham. During the time the mill haa been building, development of the ground haa continued, and It haa been opened up by a a ha ft 46 feet deep, from which at different levels drifts have been driven along the course of the vein. On the 300-foot level the vein haa been cut by numerous cross drifts, and It has been demonstrated that the ore body la an ex- tensive one. and that It carries high values In many places, but It is. taking an aver age, richer than the usual free milling peoporltlons of the H'lls. The ore is for the greater part free milling, but. like the ore further south In the district, carries tellurium, bismuth and arsenic, but the free-miring values are sufficient to guaran tee tt a paying propoaltlcn. even though that process Is alone employed In Its treat tnent. No arrangements have been mad for the re-treatment of the tailings, but It la thought that they will he Impounded, and if the management Is satisfied that it will pay, they win be worked over. Plenty of water to run the twenty stamps of the mill is assured, for there la water enough coming Into the shaft at the present time to keep a much l-rgr plant than the one on the Sunbeam supplied. Although the inflow of water Into the workings is very heavy. there Is at the shaft a pumping plant of sufficient capacity to keep them clear with out much trouble. Reifera Reeasaea, HILL CITT. 8. D.. Dec. 17 (Special.) Superintendent Crof of the Redfem Min ing company haa again resumed operations on the company's ground with a small force of men, and is now sinking a new shaft, wblch will be continued dowa for a depth ut at least 200 feet before erosa cuttlr.g win be started. Drifting from the 460-foot level of the Golden Slipper continues, the workings running to the north. On that level the ore shoot waa much richer tha a usual, but waa shorter than where encountered nearer the surface, and was easily worked out. When this shoot was worked out. drifting on the gouge was continued, and tt now begins to show values, so another shoot la expected to be run Into very soon. Recent work on tha Lena mine has opened up a large body of free-milling ore, which should pay handsomely when the (nine baa been thoroughly opened up and a stamp mill erected on tt. for tt Is easily mined and can bo taken from the mine at a small expense. Borne years ago ten tons of almost specimen ore was taken from Lena ground, aad since that time the work dona upon the property baa been with the end in view of again opening up the. rich streak and it has not been until recently the t attention baa been given to tha largo depcaLt of free-miUrng ore con tamed to tbo mine. This ore. while It 4Voea swK caury fancy values. Is of such character that Its mining and treat ment should1 result in gnod profit to the company that wfll engaga to treat it opon a large scale. New development work will be Inaugur ated on the Sunflower property within a few days. This mine has already been de veloped by a shaft 200 feet deep, from the bottom of which a drift has teen run along the course of the vein. A new tun neU will be started from the font of the mountain and run In until It taps the vein at a much greater depth than present worklnrs give. MAITLAND. 8. D.. Dec. 27. (Special QaMen City and the carbonate districts hare been very busy this winter and a great deal cf work has been under way there. The Penobscot company has been working a large force of men In Its mines and mill ever since It started treating ore. and Its bullion shipments every two weeks will average about 614.000. Work on the ground of the Goldwtake Mining company Is progressing satisfac torily and the tunnel, which has now been driven Into the hill for a distance of 150 feet. Is In ore which shows a high per centage of pyrites, which Is regarded as a favorable indication. Work on the Echo Mining company's ground has recently disclosed the presence of another vein of ore. assays from which are said to give average returns of 121 a ton gold. It Is the Intention to con tinue the present work of development during the winter months and In the spring add to the force now engaged on It. Another company which Is spending con siderable money In the work of opening up Its ground tn the vicinity of Maitland Is the Magnolia. This company has a splendid prospect snd will keep a force cf men engaged on Its ground during the winter mortha. It Is reported that' the Bel tram Mining company, recently organized on ground adjoining the Columbus company on the north and runnfng toward the Penobscot. Is negotiating for the purchase of the Gold Eagle company's holdings, which adjilnthe Penobscot on the west. The Gold Eagle company wis oraranlsed last summer by local reopl" snd Nel raska capl'al. Work on this ground haa been under way for eevernl months and It haa made an excellent showing Re mora Ahoat Horaeahoe. LEAD, 3. D., Deo. 27 (Special.) There are again rumors of a disturbed condition of the affairs of the Horseshoe Mining company. It is reported that the Decem ber pay checks for the employes were tor only part of the wages coming, owing to a lack of funds. It la difficult to tell what the result will be, but there la talk among soma of the employes of filing liens upon the mill, bullion and ore. This, it Is said, fully insures the workmen against loss. The MerraU stamp mill for the Ruby Gold Mining and Milling company has ar rived at Engl e wood, is being transferred there on the Galena branch of the Burling ton and Is to be delivered at Gilt Edge riding in Strawberry gulch. From there it will be hauled by Thomas Carse to the new plant that the Ruby company is build ing In Ruby gulch. Most of the machinery and other material for the new plant has now arrived and Mr. Coniett, general man ager of the company, expects to have the mill In commission early during the new year. The foundations for the heavy pieces have all been laid, the Fairbanks-Morse gasoline engine Is In position, the battery blocks are up for the stamps and when the stamps arrive it will only be necessary for connections to be made. The Men-all stamps are something new for the Black HI lie, although In quite gen. era! use In California and throughout the southwest. They are not different from the ordinary stamp except that Instead of five, three constitute a battery, and each stamp works In its own compartment. A quad ruple discharge Is obtained, there being a discharge for each of the four sides. Each stamp Is fed by Itself from Its separate hopper and in this way the efficiency is greatly increased. With the ordlnsry stamps It Is quite frequent that some of the battery are not doing their full duty, owing to the inequality of the feed. The Men-all stamp possesses other advantages, among them being the ease with which a cleanup may be" effected, it being unneces sary to hang up mors than one stamp at a time. With the ordinary stamps It be comes necessary to hang up at least a battery at a time and usually a section. Crash Seven Ton n Day. Where theae stamps are In use It Is found by proper feeding that they will perform a duty of seven tons per day with ease. This Is more than the ordinary stamp will do. Each of the MerraU stamps weighs L000 pounds, is provided with tha short drop and drops at the rate of 110 per minute. The general arrangement aside from the Isolation of each stamp is similar to that of all stamps. The stamps are arranged with the ordinary cama, the ahaft shoul dering are the same and the die la the same. Owing to the directness of the feed as long as there is ore in the hopper ths stamp Is bound to perform Its duty. There Is no place for the ore to fall except on the die directly under th stamp. This explains the Increased efficiency. Mr. Gonxett expects to be able to treat forty tons per day with the six stamps to be installed. The MerraU stamp was de signed originally to be used back of the Chill mill. Mr. Conxett expects untl roately to adopt this system In his plant. For the present he will crush about forty mesh fineness. Upon putting In the Chill mill the screens on the battery will be changed to about one-eighth Inch and In this way It will ba possible for each stamp to perform a duty of twelve tons per day, From the stamps the ore will then be de livered to the Chill mills and a system will be obtained by which the capacity of the plant may be greatly Increased at small cost. This arrangement Is In effect at many plants In California and other points of the southwest. It Is found to be the moat satisfactory where the Chill mill is In use. as the Chill mill is not Intended to receive coarse ore. In fact, when the Chill mill receives coarse ore the effect of the grinders jumping over large fragment la to produce an unevenness In the dies and In a short time they have to be re placed. This dlffi -ulty Is -entirely avoided by submitting th ore to a primary pulver ising, either with Cornish mllll or with the Verrall stamps, and the MerraU stamps are found to be the more satisfac tory. It has been proven that the slimes are minimized by using the MerraU stamps and the Chili pulverizers In con junction In this manner. Chaaaeerlala's Ceaga Remedy P lease at to Take. Is The n nest quality of arwnnlated loaf sugar Is uad in the manufacture of Chamberlain's Cough Remedy, and the roots used in Its preparation give It a Cavor similar t-y maple syrup, making it quit pieaaant to take. Mr. W. L, Roderick of PoolesvUls. Md. In speaking of this remedy, says: "I have used Chamber lain's Cough Remedy with my children for several years and ran truthfully aay It Is tha beat preparation of the kind X know of. The ch'ldren Ilk to tak It atd it has no lrjurlous af'er effect. ' Zaak Holds Hla Own. The police received notice early yesterday morning that a right waa la progreas In ths alley In the rear cf the Dewey hotel. When the police arrived Frank Zaak waa holding the field alone with a badiy bat tered r-ice. hi alleged aaaallants runn.ng down Thirteenth street. Jamra Grady C. W. Avery. R O. Iowery and E. J. Mt'rtln were caught and Zaak stated that tl.ev aa sa-jlted him ss he wss coming home. There were conflicting stories loid of how the aght started, with the bebetit of the doubt -ii Zatak's favor. SUPREME COURT SYLLABI The following opinions will not be offi cial lv reported: ll-2 r-.rund Loclg. Ancient Order cf 1 n,ted Workmen, agaii.nt ot-t.tt. Frror from Halt. Former. Jinlgmet.t vacated; Jud nieiit district court affirmed Klrkpatrlik. C. Division No. 3 I'nreported. 1. A membi r cf a herein la rv association In g'od nandlng deposited with the finan cier of hla locul I, Mice a sum of money suffi cient to par his sssessments and dues for several months In advance The financier accepted the money, agreeing so to applv It. The member then left the town of his resi dence snd during his absence the financier returned the money 'so deposited, less on ssseesment. to the beneficiary nsmed In the member s certirlf ate. snd thereupon the member wss marked suspended for failure to pay th next regular assessment. Held, that the suspension was unauthorised and void. 2. vx-hare the financier of a lodF has" ac cepted on deposit a sum of monev from a member to cover anticipated assessments, agreeing so to apply It. a f.irfelt-ire cannot be predicated upon the failure of the mem ber personally to tender the amount of an assessment when due. If the financier haa money In his hands to meet the assess ment: and it is immaterial that the duties of his office did not re-julre htm to receive money fcr assessments before they were payable. If In doing so he has not cortra vened any positive law of the organisation. 3. One who Is illegally suspended from a b-neflctsrr association may trest th sus pension as Illegal and void, his membership continuing. If he does net acquleace In and consent to the Illegal suspension, and he need not seek reinstatement. 4. A forfeiture cannot be prec-pttated upon an omission of one party brought about by the conduct of the other party. Bo that where h member hss been illegally sus- S ended from a beneficiary association and ues tendered Ia- him are refused, tha grounds for the refusal being continuous In tnelr nature, his failure thereafter to ten der dues cannot be made the basis of a for feiture until after notice of a readiness to receive the dues has been brought home to the etispended member . vvhile a member ot a henenciary asso ciation who Is illegally suspends may ac quiesce in srtn consent to the suspension. so aa to forfeit his rights under a benefit certificate, evidence in this case examitieq and held net to warant an Interference that the suspended member scqulesced in or contented to the Uieg-al suspension. 6. Former decision rendered In this esse (Grurd Lodge. A. O. I. W.. against Scott, Neb.. ; S3 N. W. Rep.. 130) not adhered to. 1279. County of Keith against Big Land and Cattle Company. Appeal from Keith. Reversed, with Instructions, l-oplngier, c Division No. 1. Unreported. 1. Tho notice provided by section 3. article lv. chapter Ixxvtl of the Compiled Statutes. Is not essentisl to the validity of a decree of foreclosure of the tax Hen. 2. An artlon to foreclose such a lien la rot barred until five year have elapsed from the expiration of the time to redeem. 8. In an action Dy a county to toreciose a lien renresent'd nv tax sale certificates purchased bl' If, fail-ire to allege that the action was I'uthortred by-the county board Is not Jurisdictional, especially wnere tne petition Is verified bv ono who swears that tie Is the "duly authorized attorney" and where the answer contains no averment of want of authority. 4. The decree In such an action snouia not Include taxes fcr which no sule h-"S been made or certificate Issued to plaintiff. 1309 Carstns against El.er. Appe-tl fnm Douglas. Affirmed. Oldham, C. Division No. 1. Unreported. L Prior to the act of 1S97 the Institution of a suit to foreclose a mortgage and for personal Judgment against the makers of the notes secured by the mortgage, tolle the statute of limitation on the liability of the makers of the notee. 1 Only such defenses as nccme after Judgment on the notes In such foreclosure proceeding can be interposed against a deficiency Judgment entered after the com ing In of the report of the sale of the mortgaged premise. in Rut sen Inst Colhv Tennev. Ap peal from TJncoln. Reversed and djs- mlssed. oiunam, v. iivisiun o. a- c. Ti re ported. l A n rival individual cannot malntsln an action to prevent gas mains being laid In the streets of a city unless he plesd and prove that some special Injury will result to him. T la fh dutv of "a cltv to protect its streets and alleys from unlawful occupancy snd molestation, and in tne atscna-ge m this duty It may maintain an action to teet the legality or tneir occupancy waa molestation by anyone. 3. Under the provisions or srricie n., cnn ter . Compiled BtstMtes, 1S', commonly known as the initiative and referendum law. It requires a petition signed by at least 16 per cent of the voters of the city to suspend the operation of an ordinance of the city duly pansed. 13141. Ayres against Nixon. Error from Dakota. Reversed. Ames, C. Division No. L Unreported. L There being no evidence in support of the verdict and Judgment the same are set aside and s new trial granted. lTUS. Ladd agtlnst School District No. 6. Hall countv. Appeil from HalL Reversed and remanded witlj instruction. Albert, C. I ivt.don No. 3. ...... .w L A school district board has no author Itv to purchase or lease a school house site, unless directed by the elc-tors of the dis trict st an annual or sneclal meeting, and a purchase of such site by the school board without being thua directed, la not binding on the school district. t. That the electors of a school district have lawfully de-lanated a particular sit to which to move the school hou-e is not an implied d'reetlon to the board to pur chase or lease such site. 13146. KHment against Corpan Grain com panv. Error from Knox. Affirmed. Amei, C 'Division No. 1. Unrervortei. 1. It Is not sllowahle to plead new matter in a reply for the purpose of bringing for ward a new cause of action not charged In the petition or to aid the averments of the petition. 13157. FutW against Copo. Acpeal from Holt. Affirmed. Barnes, C. Division No. 2. Unreported. 1. When the owner of land sold for taxes la not known to th holder of the tax lien, and cannot be found upon reasonable In quiry, the holder of such Hen may make the land a party to foreclosure proceed ings; and In such esse sllegntlons in th petition an! an affidavit for service by publication to tha effect that the owner is unknown are sufficient as against collateral attack. , I If the land is properly made a party and Jurisdiction over It Is duly acquired by publication of notice, a Bale undor decree of foreclosure creates a new and Inde pendent title and bare all pre-exlwtlng In terest or liena. Leigh againat Green, 60 N. W. Rep. 225. followed. 1 The fact that a person who Is a party to eu!h foreclosure resides In the state and has been served by publication only, does not sffect th validity of the decree where it Is not made to appear that be had some Interest in the land In question. 4. When a tax sale purchaser, in due tlmo surrender hi certlrtcate of purchase and takes a void treasurer's tax rlee-t for "e lands so purchased, the issuance of the aeni and th failure of the title a'e concurrent events. Carson against Broady. 56 Neb. A. followed. , , . 13067 Johnson against Weber. Appeal from Knox. Reversed, with Instructions. Hastings. C. Division No. 1. L Merely endorsing by the notsry on the back of a contract by husband and wife for ths sale of the wlfe i real estate of sn ex tension of time for making the first pay ment, which extension wss not authorised by the wife, does not destroy the contract aa reslly made, nor warrant the wifs In re pudiating H- wW(,h u to bni bargain. and to t depoalted with a cntract In a v l. .....ii eoneevance is made uoon pay ment' In full by a certain date, la In time If It gets Into the bana De-ore me ruiurin presented there, and both are left there to gether by the parties, though the payment la actually made three da after the time named In the agreement. 3 Evidence held not to ahow any parole waiver or release of the contract by ven ds 4 The fact that the signature and .ir,nlviiniu.nt of a wife to a contract of sale of a homestead was made und-r threat of her husband to "leave" her If ha did not execute tt. Is not ground for ref:isuig specific performance cr tne contract wncm the vendee is entirely Innocent cf any par ticipation In or knowledge of the threat. 13113 Huddiescn against Polk. Error from Lancaster. Affirmed. Oldham. C. Divi aion No. 1. ' . , . 1. The sureties on the official bond nf a sheriff are liable for hla misconduct when acting ss assignee under the provisions cf section 7. chapter vt. Complied Statutes. 2. "The pr-.viau.aa of section 6. chapter vl. Compiled Siatutrs, re-juiring tne tiling of a died of assignment for record In the clerk's office of tha county In which the aa signee resides within twenty-four hours after ita execution. Is mandatory." Miller v. Walt. Neb.. 421. followed. 3 The fact that the asalgnor requests a sheriff, acting as assignee, to withhu.d a ded from record beyond the statutory time. Is no exruae for eucB neglect. 4. An attorr.ev to whom claims are uncon ditionally assigned may prosecute an ac lion in hi own nam for a recovery ain such claims without Joining the original claimants. 6. Th claim of creditors who stand In a hostile attitude to an asaignment canno" he prorated with the claim of thie who have complied with th act in a diairlbutlon of the proceeds cf the asaigtied property. 4. Evidence exaniiru-d and held not suffi cient to show a compliance with the statute in tha matter of recording an assignment deed. lala-L RidtUl against RluelL Appeal from laincseter reversed snd dismissed. Hast ings. Division No 1 1. "Since the amendment cf IT., section S2 of the Code, d4-s not render a part adversely Interested t- the representative cf a de efls-d person Inoornr- tent as a wit r.er.s In the actti-n. but only rendc-a hi testimony ss to trsnsactlons anil conver sations with the d-neased tncomp-tent Sharmer v Mcintosh. 43 N . h . .1). I Evidence held to 1"- solfe lent to uphold finding of oral relin-tuish inent of fn-th-T snare tn father's estate by appellant B father 3. Held that such a relinquishment to be effectual as to lands must be in writing-, signed, bv the party to be charged. 4. Rei-cipt and retention nf lands from the father In consideration cf such an agreement is not such a part performame if It as to take It cut of the siaiai of frauds. 11153. Mockett agilnst State ex rl Wocds. Error from lavncast-r. Affirmed. Kirapal nck. Division N'o. 3. 1. Where one asumes to fill a public of fice, although without bcir.g reruHr'y ap pointed thereto, bv his conduct Inducing others to believe that he Is the cfTlcer. he M amenable to process eomnuwi'l'iia- him to perform any act whb h the duties of bis office dictate, and lie la est"! ped to plead a private contract Inconsistent with his dutv to all. 2. M. was employed bv one of the purtl-e to a proceeding had before the city aoi-"--u of the ctty of Lincoln sitting as a board equalization to appear at such hearing Bn2 take down the evidence in shorthand. The clerk of the board, who claimed the right to employ a reporter, and others Interested, reiving on the presence of M.. who was a competent reporter, ftiade no further ar rangement for a recird of the pr -K-e-dings. regarding him a the nffrtsl reporter to whom stipulations between the pMrt'es were dictated and exhibits In the case delivered, and bv whom all the evidence wss taken jriwn.' Held, thtt maodimu would lie ti compel M to deliver a transcript of the evi dence to the complainant In the prce-edltig notwithstanding a secret aKrement by thu terms of whl'-h he was to deliver a tran script only to one of the parties. lXiTT. C. F. Plsnke Tea and Coffee Com pany against Re-es Printlrg Comr-any. Er ror, from Douglas. Reversed and remanded. Duffle, C. Division No. I. 1. Agencv cannot be proved by tha nets or declarations of the alleged agent not brought home to the principal. 2. Evidence examined and held not to. surport the finding and Judgment. 1SJ28. Brott against State. Error, from Nemaha. Reveised arid remanded. Sulli van. C. J. 1. The conduct and behavior of blood hounds after being set upon the trail of a fugitive criminal may not be given In evi dence by the state for tha purpose of prov ing that the scent T T".- accusea ana tne scent of the person who perpetrated the crime which Is being Investigated are Iden tical. Ias-7. Dodge county agitnM Saunders county. Ertor, from Saunders. Re versed. Iaiblnger, C. Division No. L 1. When the legislature sfeaka ot "streams which divide counties," in see-" tlon, 47. chapter XXVIII. Compiled Statutes it must be tak- n as referring not to the en tire stream but to some part of or line therein. 3. The banks of a river are essential Karts thereof and when a county boundary i fixed at "the south bank." the river may be said to divide th county from the jne on the nppo-lte side within the mean lr.g of section 87. , 3. The purpose of said section, and the ones 'mmediately following. Is to travel from one county Into an a ijacent one, and to divide the ccst between the two, and the statute should be construed. If possible, so ss to. give effect to ths apparent Intent of the legislature. A The tact that a resolution, ra'J by the board of one of such countlts calling upon the other to Join In making bridge repairs, designates two bridges, will! after the latter's teiusal a contract Is let. and recovery sought as to one only. Is not fatal. 6. The statute of limitation doet not be gin to run as against the tax Hen until such failure of title and an action to fore close the lien commenctd within live years after the Isauanc of the tax deed, I not barred by lapr.e cf time. 6. Mortgage forecloaure proceedings and decree claimed to be a bar to the action to foreclose the tax ltan e-vamlrv.-d. and held, not sufficient to cut off th lien or bar an action to foreclose it. 13186. Hoover agnlnst Hoover. Appeal from Webster, r eversed. .Juffie. C. Divis ion No. 3. Unreported. L The pl-tlnllff in -rror resided in Omaha and left that city with her attorney and ona witness on tho morning ot January tth to be present at th trial of her case at Red Cloud on the next day. the trial be ing set for 1:80 p. m. on the tth of Janu ary. The partv stopped over right at Hastings to consult another attorney asso ciated In the case. Intending to take tha morning train du to leave Hastings at' 6:10 a. m.. and to arrive at Red Cloud at 12:36 p. m. On account of an accident ths train was delayed In Hastings until 1 o'clock p. m. and plaint'ff s attorney -luring the delay communicated by telephone with the presiding Judge at Red Cloud -nd with the attorney for defendant In error but could not obtain their conient to passing the cafe until the arrival of the delayed train. The attorney then communicated with a resident attorney of Rad Cloud and employed him to move for a continuance of the cm. and o repr-sent pl'lntiff la error on the trial if a continuance was de nied. The mo'lun for a eontlnua-.ce was overruled, a trial hsd and a decree entered for th defendant in error. A motion -for a new trial (Ved by plaintiff in error on the morning of the same day wii also over ruled. Held, that on the fwet the dis trict court erred In not passing the trial of the ouse until the srrlvxl of the de laved train In Red Cloud. 132E6. Gandy agilnat Estate of Blssell. Er. ror from I k-hardson, Affirmed. K!rk pat rick. C. Division No. 3. Unreported. L Evidence exas-.tned, snd held that tha rulings cf the trial court thereon ar without error. 2. Instructions examined ana held not er roneously riven. 6. The refusal of the trial court to jrlv tr.strucion set out In the opinion- Held, not error. A Evidence examlrel snd found sufficient to sustain tho verdict and Judgment. CHICAGO MIlllEAPOLJt Mala OtBee Mnahattaa Dldg. IT. PAIL, MISX. Dealers 6a 1 Stock, Grain, Provisions Bought and sold for cash or carried on reasonable margins, upon which a com ml Ion will be charged of ht on grain, ia 4a. s tucks acd bl cn Rax. Private Wires. Writ for our market letter and prtv.a telegraph cipher mailed free SHI? YOUR GRAIN TO US Prompt Returns. Best Facilities. Liberal Advance. Usual Commissions. BRA.1C1! OFFICCBi OMAHA-US) Bee Bldg. 'Phone 311 . SOUTH OMAHA -3 and 326 Exchange Biug. 'Phone 72. COUNCIL, BLLFFS 4u6 and 4-4 Suip Utug. 'phone 674 LICOL9. Dili MODES. Approved Manufacturing Properties Incorporated and Financed Large Issues of Industrial and Railroad Bonis Underwritten Write Oar Bead Dept., for List of Maalelanl Beaaa. LeROY DAVIDSON, Baak era aad Fiscal Attala, CHARLOTTE, X. t. Mean 11. Or Broadway, Sew York. T. MEDICAL r C31WISSIGN STOCKS AND DOMD9 GRAIN AND PROVISIONS Wo have over 140 offloea. Rafaranoaar its State aaa Nat l Baaijta. Oik C-KR-riCK 19 TMB BUT. Out of Twwa B-iataaaa Bottdtaa. ten aaa Braacau 116 Par aa 4H- TaV gee? TtWi si. WADCHCL CoTfwposdgaL Eduards, Uood