(
1
t I
CRJ1X AND PRODCCE MARKET
Opcninj la Firm ud Some Higher
Than Prerioui Day.
rOEEIGN SITSOLiST IS BZTTO
OSTerlnae at the Start ttrtt Vary
Light aa th abort Covered
Freely and Ir1e Hal
114 fcstsllr.
OMAHA. Neb.. Auf. U, 190?.
Tht opening rrarket was fine and soma
h'ghet, cttiMd by ths failure of Liverpool
ii .LQW. th Ter decltns of yesterday
and tha Increased export sales.
Ths foreign crop nmmuy has Improved
rary llttla aad the condition In the north
s'.. co.nta. "till ta be doubtful.
. opened tnm and a fraction higher,
jwin to higher Minneapnlia curb and tha
nrmneaa In Liverpool prices, which haa
Increased the ei port sale.
Offering at tha atart were light and
shorts covered freely, and prtcea rallied
cloned mt" Wht opr'r1 l 710
Corn opened firm and ahade higher, on
heavy buying and Mattered demand from
commission bouse.
Jhr was a atrang bull tone to market,
r?th No. 1 In particular heading It.
,n tn w1 nd aouth la atlll dry.
with ahowera predicted for Nebraska and
Kansas. September corn opened at Vc
and cloaed at 47Hc
Osts continue to be strong, with country
houses being the best buyara. Receipts
are small and offerings are very light and
trade not active September oata opened
at ic and closed at 4ie.
Primary wheat receipts were I.449.00C bu.
and shipments 22,or bu., against recelpta
' ot J,0uO bu. and ahlpmenu of
tMJM bu.
corn receipts were 64.000 bu. and ship
ments O.0O bu., against receipts last
year of 14, CM) bu. and ehlpmenta of SM.Oi.
Liverpool cloaed d lower on wheat and
Ho higher on corn.
Seaboard reported ao,ona bu. of wheat
and ia.ou hu. of corn.
Local ranga of options:
ArUclea., Open. I Hlgh. Low. Closa.l Tss y.
AufuH. 11. lie; September. 11.4c: Octo
ber. 12.04c; November, 11 10c; livoember,
12 17c; Jinurr, 1117c; February, 12ic;
March, 11.14c; April. 11.40c; May. 1I.44U.
THE OMAITA DAILY BEE: WEDNESDAY, AUGUST 14. lf07.
Wheat 1
pt....
Cars :
Sept...
Deo...
May...
Cats
Sept.. lc....
May...
TTV 77 1 77Y 7,,
82V K HH
84 V ehi' WSJ 87s,
47J 4"V 4",
4M 4j 48 4!r
47V' 471 47V OA,
44, 41', 43!" CH
42 41M,! 42, 42v,
44S 44 44V.I 44
Osnasus Cash Prices.
WHKAT-No. f hard. 7fS'7lc: No. I hard.
73f7e( No. 4 hard. WrJ7:c; No. I spring.
rsc; m grade, tegitc.
CORN Ko. t. 47647Wc; No. 4. 46H'846Hc;
t Td. W43c; No. yellow. 47wG47Vjc;
No. whtte, 47H47o.
OATS No. I mixed. 4344c; No. I white,
H4fcc; No. 4 white. 4fl44Hc; standard,
RTE No. 1 tSc; No I. Sf&S7c.
Cir Lt Kecetnta.
Wheat- Corn. Oats.
Chicago 470 in 6
Kanaaa City 5M
Omaha ?C (1 I
8 Leu Is i
CHICAGO GRAI5 AD rilOVISIOXS
Frnturea of tkc- Tra4ia mm Claslag
Prices mm RosM of Trade.
CHICAGO, Aug. U Wheat opened strong
because of Improved export demand. Sep
tember opened at S4c to e4V,c and sold at
Mc.
The
hough atlll nervous, the can Irk v feellna
wnicn aeveiopeo yesterday, entirely ritnap-
r tared today. The strength abrcad. the
nowledge that a big export buelnees would
have been worked had the wire sen-Ice
permitted, and tha very thorough cleaning
up of long lines, contributed to the restor
ing of confidence. It 'a nrobable also that
a a bearish factor the strike was dts
,. counted yesterday. The trading was gnod
throughout the session. tnd from one
T source and another we gather 4hat consid
erable export buaineaa has been done in
both wheat and flour, of tha last we are
poaltlve. It may take a dav or two to re
l!ev the market of the cVinseauenreS of
the break, and If awptember liquidation la
not yet completed thla may art aa a drag,
but the worst la over, and oerators from
now on ahould bo looking for a place to
buy.
The market slumped about the middle
of the aeaslon. and again became strong:
September advanced to M'ic. Tha cle
waa strong at the high point.
Com waa firm. September opened at 844c
and advanced to 647c.
firm csbl'S. dry, hot weather west and
reports of drouth In Roumanla caused the
early spurt. Long corn came out from
local holders, precipitating lc break,
which waa recovered in part only. Thla
eeema to be tha -aftermath of yeaterday a
brk In wheat.
Tha market weakened with wheat and
failed to rally, September closing weak,
down c at DJ7o.
Oata were strong on active buying. Sep
tember aold at 44Hto.
There waa only a moderate trade In oata
- and aot a very great range in values, final
prices showing a alight gain. The reporta
In regard to threshing while limited In
number are of the same tenor aa hereto
fore, skowlng disappointing results every
where. We would buy oats on any set
back, believing tha crop be ahort and aa
exceptional condition existing thla year.
Provisions wera firm on a 5c advance In
tha price of live hogs. September pork waa
TtfLPe higher at ft 14. Lard waa up
! at t.Kj.UV- Ribs were te higher
at IS. To.
Prtcea In Chicago, furnished by the fp
dlka Oral a oompaay. telephone Douglas J47S.
lot Be building. Omaha:
OMAHA WHOLr.Ttt" MARKET.
Caadltlow at Trade ss4 Qsatatteas
Staple aai Faaef rn4a .
F'Tl-rer ds., lio.
bLTTKR Packing slock. HHci cholos to
fancy dairy, 3c; creamery, Oc.
LiVE POlLTRT-fiprlng chickens, 14c:
hens, lie; roomers, c; turkeys. 13c; ducks,
geese. 4c.
HAT Cho'ce No. 1 upland. r000; medium.
VVi, No. 1 bottom, .; o7gradee from
K M to I&S0: rye straw, f,M; No. I alfalfa,
Ui.oa
F-Rl'ITS AND VEI-ON9.
APPLE Farly .June aa Astrachan. 74e
per half bushel basket
BLACKPERRIK8 Case, M quarts, 1150.
CALIFORNIA PEACH Eft Per box. II SO.
CALIFORNIA FLl" M8 Per Trata, 8 00.
BLUEBERR1E3 Per l-quart caae. U 50.
TKXAH WATERMELONS Each, 2640c;
crated for ahlpmenC I He per lb.
CANTELoL'PE Texa, standard crate,
BOO: Arlaona standard. ImM; Arkansas
standard, 14 00.
PEARS California, tXU a box.
TROPICAL FRUITS.
LEMONS-Llmonlera. tnc six. MOO; IS
stxe, n; other branda. wc less.
BANANAS Per medl um-atxed bunch.
tlli, Jumbos. I10iii460,
ORANOEd Valencias, . N and 111 slsea,
U Uj4.7S; LU, 144, lit, 300 and tit sisea, 6 3
t6.W. . .
DATES Kadawav. ic: Bayers. Sc; Hal
lowls, sc; new stuffed walnut dates. -lb.
box. $1.00.
VEGETABLES.
NAVT BEAN3 Per bu.. No. L ST00O
tm; No. 1 tl2w; Lima, tSve per lb.
POTATOKS-Per bu.. n?w, 7Sc
ASPARAGCS 75c per dox. bunches.
PEANS-New wax and string. Me per
market barkrt.
HEET8. Tl'RNIPS and CARROTS Per
rr.arket basket. fcfWOc.
RADI8HL8--Per dot. bunches, horns
groan. 20c.
TOMATOES Home grown, market basket
n-atc. 1.
Cl'Cl MBER3-rer dox.. 40C60C
LETTCCE Per dor., 25c.
CELERY Kalamaxoo. 3U43&C
ONIONS Yelluw, 3': per lb.; red. Ic
NEW PEi'PERS-Per market basket.
76.,
MISCELLANEOt."S.
COFFEE Itoasteu, No. . fte per lb.;
No. li, 14Hc per lb.; No. 23, lie per lb.; No.
11. LSC per lb.
CALIFORNIA DRIED FRCITS-Prunea
are somewhat unsettled liy freer offfrlngs
from second hands, who seem desirous if
mi.vlng sui ylies of immediste gTades Qn--Utlona
range from tc to sc for CalirornlaJ
fruit and from 6ic to ec for Oregon.
Peaches are slightly easier, with fancy yel
lows Quoted at 13Sc. Kaiatna are firm;
three-crosn loose Musratds are quoted ft
tc; four-crown, 10c; seeded raii.lra. ',ailc
FISH Halibut, lie; trout, 13c; pickerel,
K-c; .Ik. 14c; p'ke. fresh fr..rrti. t2c: whlte
fsh )421flo; huffalo, c: bullheads, skinned,
and dressed 13c; catfish, dressed, 17c; white
perch. 7c: white bass, lie; black bass, toe;
sjnfish. 6S9c; crapnles, efiSc; Urge crap
pies, loc: herrlr.g, fresh froxen. c; white
fish, froxen. 131wc; pickerel, fresh froxen,
c: fipanlah mackerel, 18c: native mackerel,
hJiJSc per f.sh; codlsh. fresh froxen, 12c;
red snapper, l!c: flounders, fresh froscn,
IV; haddock, fresh frcien, lie; atnelts. 13c;
shad roe, 46c per lb.: frog tegs, J.V; per
dot.: green sea turtle meat, 2ie per lb.
CANNED GOODS Corn, standard, west
ern, tec. Tomatoes, fancy 1-pound cans,
fl.4f: standard. 1-pound cans. II 26. Pine
spnle. grated. I-ponnd. H 'Ttt.Jf; sliced.
r..7f J..1. Gallon apples. PV Callforn'a
apricots. 12.00. Pears, II Tfc'v-i "A Peaches.
I1.7SO2 40: I C. peschrs. $2.004,2.30. Alaska
salmon, red. $1.10: fancy Chinook, flat, $2 10;
fancy sockeye, flat, $1j. Sardines, quarter
oil. $3 ? three-ui'nr'.ers mustard. $3 il.
8-et potatoes. tl Sgl.JS. Sauer kraut, tor.
Pumpkins, td-fftlM. Lima beans, t-lb.,
7act$1.2. Soaked peas. 3-ib.. 66c; fancy,
$114-.
HIDES AND TALLOW-Oreen salted.
No l. $u,c; So, y, TV;: bull Mdea. c; green,
rides No. 1. 7r: No. i 6c; horse. jCnf
l&O; aneep p!ts. Kx-tl.S. Tallow, No. i.
No. J. 1'tc. Vool. VS72c.
BEEF CUTS.
No. 1 rib. 13c; No. ! rib. HHc: No. I rib.
7c. No. 1 loin, 19c; No. I loin. 14VN No. 1
lo!n, 12c No. 1 chuck. 6c; No. I chuck, '
tc; No. 2 chuck. 4V,c. No. 1 round, c; No. '
2 round. fcic; No. 1 round, 7VC. No. 1
plate. 3c; No. 2 plate, 2c; So. 1 c
WEATHER IX THE GRAIN BELT,
Fair Wednesday and Change la
, 1 rstsera t are.
OMAHA. Aug. U. UW.
Debt ahowera wera scattered throughout
Kansas. Colorado and New Mexico within
the last twenty-four hours, and were qu'te I
general In the lower Mississippi and Ohio
valleys and southern states. The pressure '
la much higher over the central valleya j
and northwest and generally fair weather j
prevails in all sections. Temperatures are ,
allfrhiiy lower In the Ohio and lower Mia- ;
siss'.ppi valleys, but are higher in the upper
OMAHA LIVE STOCK MMET
Cattle of All Kindi Slow, with Prices
.. Euier.
HOGS 0PZ5 BZTTZE, CLOSE LOWLE
keep aad Laaifca la Oo4 Oeaiaad,
. wltk Prices All Klada Gen
erally steady Feeders
Wanted.
BOCTH OMAHA, August IX 1M.
Receipts were: Cattle, Hoga. Sheep.
Official Monday 1.171 4.M4 U.X-t
Estlmatad Tueaday 4" 7,low .0a
Two days this week....l4.r$
Sama days laat week I
Sams days I weeks ago . 10. 363
Bam days I weeks ago. .10. 74
Sama day a 4 weeks ago.. T'l
Bams days last year 1,291
The following table Shows the receipts of
cattle, bogs and sheep at South Omaha for
tha year to data, compared with last
year:
1907. lWi.
Cattls 64.34 57A.J44
Hogs 1.643.0W 1.734 24
6heep tW.27 K9.1SS
Tbs following table shows the average
price of hogs at South Omaha for iie last
several daya, with coreparlsocs:
U.SS 11.3:4
14.211 1&.7T
15.277
li4 10.197
i7.:7 ibsi
Inc.
U.K0
14.0M
tint
Data I 1907. ,liC. la., lo4. ;130.11U3. 11301-
Aug. I...
Aug. 4..
Aug ...
Aug 4...
Aug. 7...
Aug. ...
Aug. ...
Aug. 10.
Aug. 11.
Aug. 11.
I K
( 42! 4 ' 4
I $ 04' i 02 T $J
t 761 1 0l I 04 7 $C
1 on K 1 K
I 7S I i v4 T l
I M I 111 t 12 T 1
1 E ail c w If IK.
I 71
23
a
I it,
77 ; 4 ii
I 73H n
1 ani! a m
1 M, i vi a n -
.( I seVsf 1 1 wl 4 ii i nl 7, $ 74
$3
t 71
t
$
t 74
t 7$
M M IK 44 rt M
M V ... I s.
m ... I w ri
M MT 41 ft W
11 I t w tt
n m m m r m w
M M M IK IM 1
44 t a in 44 i!4 so
rt im I n at
w im . . 1 Ti n 40
r X" I T TO MS IN
ei r as 1 ti T4 m ei
tfl TS I TI T4 4 l.
rt n l" 4 r m
4t m ... I TT14 S4 M at
M M ... I TT T4 Nl IM
m ... 1 tth at ti 4
Ti ... 1 at at tf ...
4 a 1 a (i txi ...
a tM to 1 to n ...
4t r 110 I St a ...
t r?l SO I M 44 U ...
S4 St $ St 46 M ;
M l 4 I lti r til tn
ss ri s 1 r4 ts rn
M rvl ... I II H TT tn St
i vt ... 1 tin t 1 a
si t ... 1 n4) n nt ...
It et 14 I ! 4 !44 M
45 rt ... 1 u, 41 ni at
M m 44 I SS TI nt 4
47 t ... I K Tl trt ...
ti jen m In - n im jn
4 tt M I H tl. IM ...
4 t . I SS 44 113 ...
I
I
I 5
I B
I
I n
I rn
I e
I is
I so
I an
I
I ta
I S
I
Pundav.
The official number of cars of stock
brought In yesterday by each road was:
Cattle. Hoga. Sheep. H'ses.
C, M. aV 8t. P I a
Missouri Pacific... 8
Cnlon Pacific M 21 K 1
C. & N. W. least).. 6 6 1..
C. N. W. (west). TO S4 4
C, SL P., M. A O.. 4 I
C. B. Q. (east).. 4 4
C. B. A Q. west.. W 17 I I
C, R. 1. A P. least). 4 I
C, R I. A P. (west) 1 1
Illinois Central 1
Chi. Gt. Western.. 16 1..
106
24
Total recelpta. .248
The disposition of the day's receipts was
as follows, each buyer purchasing the num
ber of head indicated:
Buyers. Cattle. Hogs. Sheep.
Omaha Packing Co 61 1.122 1.26
Swift and Company ? 1.3SS 5.'7
Cudahy Packing Co W7
Armour A Co Ls
8wift. from country..
Vanaant Co....- 14
Carey 4k Benton 42
Lobman & Co 1H
McCreary A Carey 217
N. I. Stephen 201
H1U & Son 14S
F. P. Lewis IK
Huston A Co 127
Hamilton Rothschild.. Zio
U.F. Husx 1
J. H. Bulla 108
Sam Werthelmer 12
Mike Haggerty SI
Sol Degan II
J.P. Root & Co
O. McConnaughey 67
T. B. Inghram 6
Sullivan Broa 37
Lehmer Broa. 2
Other buyera 632
2.122
2.2J
1.370
1.23
13
St I ttH
I H
I M
I H
I H
I S3
I at
4 it
4 1
SHEEP Receipts this morning wera vers
moderate and. ss there was st the same
time a good active demand, receivers met
with m difficulty In disposing of their hold
ings. The msrket might be summed up as
fairly active at steady prices. The feeling
on the msrket is good and the conditions
of trade satisfactory to the selling Inter
ests. There were hardly enough feeders among
the offerings to make a test of the mar
ket, but what few there were met with
ready sale at steady prices. The demand
la such that there would be no difficulty
at all In selling ten times aa many feed
er" as are coming 'n at the present time.
Quotations on killers: Good to cho'c
lambs. l7.2Wn.lo; fair to good Ismbs. I TM$
7 26; good to choice yearling wethera. $,-,.?$
64.26; good to choice wethers, ti .2Mr 4":
fair to good wethers. $6.0oe.2C: good ts
choice ewea. $4 Kfft : fair to good ewes.
$4 E"94.l: culls snd bucks. 12 00.
Quotations on teeners: iamos, ro
30; yearlings, $0 251J6.76;
$.15; ewes, $4.004.O.
No.
101 rtah lamb feeders ,
V9 Vtah lamb feeders
l'tah lamba..... ,
75 l'tah wethers
M t'tah yearlings ,
2 l'tah bucks ,
10 t'tah ewea ,
19 l'tah lamb culls ,
17 Wyoming ewes, culls...
f7 Wyoming ewes
nt Wyoming wethers
"S71 Wyoming yearlings ....
3t native lamba
3"0 Idaho wethers
I?4 Idaho wethers
10 Idaho wethers
100 Idaho wethers
I Idaho cull ewes
26 Idaho ewes
$ native lambs
I native ewes
20 cull ewes
10 cull lambs -
?9 cull ewea
j 132 native yearling
100 native yearlings
wethers, $4.$&0
Av.
:
. !7
. 128
.
. 13
. ia
.
.. w?
.17
Pr
75
7
7 90
$ 60
00
t 5o
$ 23
on
4 10
$
..lH $ 60
.. an . t A
630
Mlssixslppt and Missouri valleys and
throughout the weat. The weather will
probably continue fair In thla vicinity to
night and Wednesday, with not much
ct ange In temperature.
Omaha record of ' temperature and
precipitation, compared with the corre
apondlng day of the last three years:
Wft. 1904. 1S0K. 1904
Minimum temperature.... 4T M 70 74 !
Precipitation .00 .11 .00
Normal temperature for today. 71 dogreea. ;
l-enciency in precipitation alnca March L
175 inches.
Pendency corresponding period In ISO,
173 inches.
TVflctcncy corresponding bcr'od In 1106.
$. Inches. U A. WELSH.
Local Forecatiei
Totals 6. 6.S36 5.57
CATTLE! Receipts of cattle were agaia
quite liberal, while other market points were
also reporting very enable runs for a Tues
day. The local receipts consisted almost en
tirely of range cattle, wl'h only a small
sprinkling of corn feds. The market as a
whole waa slow snd there was a noticeable
lark of strength.
There were plenty of fat cattle on sale
this morning to supnly the requirements of
all buyers, there being a good showing of
range steers besides a number of loads of
com feds. The market opened alow and
dull with packers generally bidding a little
lower than - yesterday. The trade at no
time developed any rreat activity, but con
tinued dull and weak throughout the day.
Among the corn feds were cattle good
enough to bring 17.00.
Cows and heifers were also rather slow,
but without any grest change In prices.
Sellers who felt tht- full force of the decline
yesterday were qnotlnc today's market as
steady, while on the other hand sellers who
were fortunate yesterday figured that they
had to take off some todav.
Good feeders were In demand and Were
free sellers st fully steady orlces. rior.ie o'
the least desirable cattle did not move off
quite no readily, but still the market as a
whole was in fair shape, as viewed from the
sellers' standpoint.
Representative sales:
BEEF STEERS.
... 78
...1W
...10
...If
...110
... to
... f
...
...120
...11
... 67
...lf4
... TS
... 76
60
$ 25
5 S
6 15
6 26
$ 00
4 75
7 60
B 00
3 So
6 00
t 00
60
6 60
SEWYORK STOCKS AND BONDS
More Confident Feeling Perradei the
Wt.ll Street Market.
Held, to be some evidence of
QUOTATIOXS GENERALLY HIGHER
i
Great Northern Preferred, rthern
Parlar, Vnlen Pnelae Lead Ad
Ttsee Besttlts Coaaes
l-ater la Day.
NEW TORK. Aug. IS More confident
feeling pervaded the stock market today.
Average gains were half 10 1 per rent at
opening. Iater general range exceeded a
point, reaching between t and 2 4 in Ui-at
Northern preferred. Northern Pacific. Cnlon
Pacific, Amalgamated Copper and Smelting
Reactions cu'. the sdvance In two.
Kansas City Live Stock Market.
KANSAS CITT. Mo.. Aug U. CATTLE
Receipts. M.0O0 head. Including 1.S00 south
erns; market steady to 10c lower. Choice
export and dressed beef steers. W25370":
fair to good. $5.fXKa4.28; western steers. $4 00
fe.00; stockers and feeders. $353S.50;
southern cows and heifers. $2.00SS; na
tive cows snd heifers. $2.0Cgii.OO; bulls, $1 SO
4 00: calves, $3 75046.
HOGS Receipts. 14 000 head; msrket fH-'f
TWo lower; heaw, $g.00ej.10: packers. $6.10
G2S: pigs and lights, $V1630.
SHEEP AND LAMBS Receipts. 6")
head; market steady to weak. Lamba. $7.26
7.75; stockers and feeders, $3.60frt.50.
t. Lewis Lira Stock Market.
ST. LOriS. Mo., Aug. IS. (Special.)
CATTLE Receipts. $.000 head.
HOGS Receipts. 7,600 head.
SHEEP Receipts. 7.0K) head; market
lower.
Closing Prleew nf Itocka.
The following quotations of active stocks
on the New York exchange today are fur
nished by Ixgac 4k , Bryan. Ill Board of
Trade building:
Opening Closing Closing
. Prices. Prices. Tes'y.
t'nlon Pacific com
Missouri Pacific, com.. 6iTt
Southern Pacific $2
Rock Island, com... US
4
Rock Island, pfd.
St. Paul
Atchison, com ....
Heading
Swot..
Lni'd
- Sept...,
tct.,
Klba
Sept.
Oct.
19 10 11 10 1 11 10 1 1 10 j 14 02
ID IK IM 1 AnfWWI a m
s u ; uvia s lucyu s lmjlll 10
I I I TO
fi 77eo. re
I T2
,i tt4o:
I 71
I
I 67
I 76
Chicago Receipts Wheat, 474 cars; corn
171 cars) oats, ts care. Estimated tomor
low; Wheat. 22 ears; oorn. CI cars
ST. LOl'ia. Aug. U. Special V, HEAT
NO. I red, Ili24e; No. I red. T75u.--No-,
I hard. tl4sSc: No. I hard. 7Mrv.:
September, Cue; December, l7Hc
I " iRN-Na $, 63i,trMHc; No. I. 63r; No. 1
white, s4i4So: No. I white, sttfcuMc; Sen
tern her. 61 He; December, 4Ve.
OATS No. t, 46c; No. I. 4444Hc; No.
whits. 4lc; No. I white, 44j61c; Septem
ber, 41c; December. 41c.
Kanaaa City Grain and Prwvtslnaa.
KANSAS CITT. Mo., Aug. IS. (Special.)
WHEAT Caah No. I hard. TUtTKlc; No 1
hard, 754S2c: No. 4 hard 74jrTc; No" 2
reduce; No. I red. glS3c; September.
Tie; December, ttc; May. sue.
CORN Cash No. 1 SeSSIc: No. t 4JH9
lc; No. I yellow. 4c; No. I whlta tSeVic
September, sac; December, 4ASc; May, 47Vc.
t,I?So- 4c; Na I. 4c. No, I white,
EGOS Steajy. lH4yic,
HAT Steady; choice timothy, IU.90ffli SO;
cho'ce prarte. IS.2&43S.S0.
RTE rtc.
. Recelpta Shipments.
Jhest bu Zit.00 llSCnn
Corn, bu 45 4) n o
. t - U0u 6,000
Kaaaaa City cash pricaa:
Article
Whai-,
SepL....
Des
?ora-
Sept
Dee,
Liver
LIVERPOOL,
I Open. I High. Lyw. Closa
TTVJ
Ilk.
4V
7irul
2W.
4
44l
n
n
47
'
1 Grain Maa-ktrt.
71
k.w
44
4H
A II V 1 WlIViT o,
iua; no. s rso weatera winter.
Ud;
a; futures steady; September, (4
icember. Ts Id; March, Ts IHd.
CORN Srxit- Aasrleu niiiA
teady la Vd; futures uta(; September,
at lugd. ,
MlsseaswiU Orals Market,
MINNEAPOLIS. Aug. II Spaclal )
W HEAT No. 1 harj, 4wc; No. 1 north
f. iwc; No. 1 aorthara, m 0 l We;
No. 1 durum, to arrive, TIWc; No. I
durum, to arrive. tlOIIc; Septeo-bar.
Ifo; DscasQbar, lie: May. I70.
Xaw Tnrk Oeaeswl Market.
NEW TORK. Aug. IX-Buttar and cheaaa.
Stead r
. K.V14V-Firm:
POLLTRt-lttaady.
ftrata, 1V to Mc
OattM Market.
NEW TORK. Aug. IX COTTON-ru-turea
opened ataady; Augast, 11.40c bid;
sWotwuWr. UJan.
fc'i-ot cloaw qulat; middling upland,
Is ttn mi ad ling gulf. II ise.
Iwtarsa were very steady. OotrinaT bids;
Cam and Wheat Rrxlsa BaUatlau
For the twenty-four hours ending st It a .
m., 75th meridian time, Tuesday, August 1$, i
1907: I
OMAHA DISTRICT.
Temp. Rain
Ftstlons. Max. Min. falL
Ashland. Neb 64 43
Columbus. Neb. 63
Fairmont. Neb.. 64
Or. Ialand, Neb. 64
Hartlngton, Nob. 85
Hastings. Neb. 86
Oakdale, Neb M
Omaha, Neb S3
Tekaruah, Neb... 66
Alta. Ia... S3
Carroll. Ia J
Clarlnda. Ia 87
Sibley. Ia . 8J
TMoux City, la... 82
62
49
10 .
a
o
64
M
S3
66
12
57
4
X
.10
.00
.u
.00
.00
.00
.on
.f
.01
.00
.00
.00
Sky.
Clear
Clear
Clear
Clear
Clear
Clear
Clear
Cloudy
Ft. cloudy
Clear
Clear
Pt. cloudy
Clear
Clear
t Minimum
Not Included In a vera sea
temperature for twelve-hour period ending
si a a m.
DISTRICT AVERAGES.
No. of Temp Rain.
Central. Stations. ,-aIa-x. Mln Inches.
Chicago, m 11 82 68 .00
Indianapolis. Ind.. U M 6f .01
Omaha. Neb I M u T
Light ahowera occurred In the southern
portion of the corn and wheat region within
the laat twenty-four hours. The weather
la cooler In the eastern portion of the co-&
belt and warmer In the north and t
portions. On account of Interruption In
telegraph acrvlce, district average are
gtven only for the Omaha, Chicago And In
dianapolis districts.
L. A. WELSH. Local Forecaster.
CHICAGO LIVE STOCK MARKET
Cattle Steady to Skade Lawer Hegs
traag 4a Hlgker.
CHICAGO, Aug. 1$. CATTLE Estimated
recelpta 7.000 head; market ateady to a
ahade lower; beeves. $4 fcj7.4v; cost, $1,409
660; Texana. I17M.6 0U; western. $4.4ui).5u;
stockers and feedera, $2eit.
HO18 Receipts. 14.W0 head: market
strong to 6c higher; light. MSO&a.tTH;
mixed. $ - 6w; heavy. $6.fe6.3v: rough,
r, iM 6; pigs IS TtMjs.40. bulk of sales,
$,"4 75.
SHEEP AND LAMBS Receipts, U.0ut
head; market weal: sUeep. $3 66)b; yeai
tings. $ti.tMSa76; Un.bs. $i.6ot)7.8u.
'
tack la slgkt.
Receipts of live stork at the six prin
cipal western markets yeeterdav:
ame. nogs uneep.
Ka. A. Tt No. At. Pt.
I K14 4 71 40 11t 4 IB
IT 1(41 4 SO J: 1JU I 4
II 9H I 41 T lim 4 4S
14 ir4 I T5 M 1440 T OS
ti li't I w a u t
4 .. Rl IS
COWS.
4 Hrt I 4 1 1141 I 64
T 4M I 49
HEIFERS.
1 IM IM 1 Ill I HI
II t'l I 1 614 4 44
14 441 I 14
BULLS. 1
1 1940 I 84
CALVES.
I HI I" 1 154 8 64
I . . 1W I It
STOCKERS AND FEEDERS.
4 in im n nt id
4 ITS I K T 744 4 W
1 sat 4 o II 121 4 44
11 iti 4 m in in
k m 4 x
Pennsylvania R. R.'.'.'.lll-
Erie ,.
Baltimore 4 Ohio ..... tl
New York Central ....hahi
I Wabash, pld 11
Great Western 14
Texas A Pacific 2H
I Louisville A Nashville lu3H
! Canadian Pacific ...... 15
Cheaapeake A Ohio.... 3Ti
V. 8. 8teel com JO4
U. S. Steel, pfd
Colorado Fuel ft Iron 23
Rerjbllc oied I1H
-m. Smelt A R, com.
Am. Smelu R-. pfd.
Copper 71i
Bo gar Ill
Gas 86
Brooklyn Rapid Transit 45
fl4
$36
f
758
sew
It calves..
I heifers.
IT cews
11 feeders.
1 cows....
17 fd strs..l0f3
16 heifers.. 470
6 steers... 64
I cows.... Ml
T cows.... 167
T cows.... 118
WESTERNS.
NEBRASKA.
4 60
I 0
1 as
4 20
I 85
4 80
I 00
4 30
1 00
1 25
I 75
n steers
II cows. ...ICC
1 buU I 10
SOUTH
.IMS 4 40
17 cows.... 160
6 heifers.. 671
6 heifers.. 62
11 cows l"0
. 12 calves... ITS
1 feeders.. 44
2 cows.... tt
steers... 671
16 fd strs.. 780
14 steers... 1043
4 cows.... na
DAKOTA.
7 heifers.. ST)
26 cows.... SHI
1 m
t 76
I 19
I 15
4 3
1 76
I 25
4 00
4 00
4 40
1 76
I 20
I 26
South Omaha .
fchoux City ....
Kanaaa City ...
St. Joseph ...
St. Louie
Chicago
Totals
.. .2
600
...... tllM
I.fc
I
T.tsiO
.41100
T.l'W AO 4
4.iv
I 12 000
7.StO LSoO
1 01.O T.
14.000 16.0U0
60.400 J0
tana City Live Stack Market.
BIOVX CITT. Ia. Aug. ll.-Specla Tele-
fram CATTLE Receipts, 600 bead; mar.
et ateady to strong; feeders active: beeves,
k..iX7.. cows and teifsra. K7if4:
stockers and feeders. $1.6j4 0: carves snd
arllbgs. $XUa4.S; slock heifers, $!&
HOOw-Racelpta. 18M head: market
stuady. soiling at $6 tVat-OP: bulk. SLTwaVlo.
St. Jnaepk Live Stack Market,
iOSEPH. Mo.. Aug U iBDOdal -CATTLE
Keoetpta, ISov hoad; market weak
ta t"c lower: top, K
H'X! 8 Receipts, T.iut) head: market ti
ahipptng hogs strohg to 6c higher; others
weak to 6c lower; bulk of sales Si.uuua U.
Ion t Vi
SH EEP ANT T AMB8- Reorlpts, XUtt
head; mark. I steady
W.
II sters. . .1121
T W. A
85 calves... 11
11 steers.. ..1X1
I steers ..J"
I steers.... 7 337
T hulls
J4 nt-eTt....l'r
7 steers. ..: I
21 cows o
SO steers. ...113
steers..
SI feeders.
SO f seders..
14 feeders.
B.
feeders. .VMS
I feeders . .1097
119
lfCl
1130
IMS
47M
7V1
..
.. Ml
..1300
.. ro
..1227
I 09
4 10
460
III
$ to
I 80
4 00
4 60
400
4 0
4 00
4 ta
4 K
4 06
I 80
4 00
4 26
4 16
I
4 10
4 !6
I 80
WTOMING.
15S heifers. ITS 4 K) I heifers . 1110
I heifers., too I 00 24 feeders.. 801
U cows.... Kl IM
J. E. Insley Wyoming.
71 fde.TS. 1311. (16 6 feeders .1116
Kane A Midsen Wyoming.
41 feeders.. 1744 6
A. W. 8a!lx,jur--Wyomtng.
SI feedera.lMt 6 16 I feeders.. 1106
I feeders 11W 4 60
Ed ft. r F-olce Wyoming.
141 cows... Wl S k V- rows... I 6S
72 cows... W 11 SO .'1W1... J
142 calves.. Sr 6 Sf IS cvlirea . 364
Sooer Csttle Co. V voming.
K4 Steers.. lll 40 in tt-'. era. .IOIO
Keen Wyoi-;!ng.
6 00 4 .ivi ITS
F. M. Matfiiawa Wyo,
6 00 H -aUes...
$ on 7'cowa....
4 7$ steers. ..
I V 4 steers...
i 'J! Ttfeeders..
)i 88 cows
4 70 C cows
I 26 II cows
4 to tl steers...
Will Broa Mont,
ft Steers.. ..14 6 36 4 cows
IS cows 10W3 6 86 14 steers
J. F. Bock Wvo.
SI steers.. ..114 4 7$ II cows 144 17$
nig nearer Cattle Co. v yo.
11 1 no
H. Banner Wyo.
N IB I feeders.. 81
6 4 4 I feeders.. 6ol
T. a Bteed-Wyo.
ri II
Joseph Milne Wyo.
II feeders.. 1016 4 40
B. Brooks Wyo.
4 10 1 feeders.. 1W7
4 I feeders . k
MONTANA.
steers . ..1SJ3 $ id 11 cows.... 1021
I cows ti I 10
. KOCTH DAJCOTA.
14 steers . . 1157 4 74 4 steers.. ..44A
66 steers. ...1143 4 TO M steers.. 1140
. . D- Brayraer Idaho.
B feeders.. $47 4 E Uli.r.
HOG-Recelpts this mcrnlnr' w.m
T large, but the uuallty on an average
was poor that Is there were a good many
common heavy packing hoes. The market
opened with a few of the better loads sell
ing at steady to strong prtcea. Before very
many salesmen had an opportunity to take
advantage of the early blda buyers with
drew and the market flattened out. closing
very slow and dull with prtoee 6c lower and
ta soma eaaea as much as He kower
Represents tie salea:
Ma . SS r. Na a. an. IV
... is a srr e la
U $ 47 fc M 144
1H 123
68 64S
834 814
H 18
40H 42"4
123 V
64 Mi
1 8T4j
117 117
21w 21
12 ton
10444
n
i 10
105H
1V 1634
J4 S3-a
3-'4 S3
864 6
3 StrS
23
74 . 71
US 111
M IT'a
46Ts 7
I 76
164
4 10
4 $0
4 4J0
4 TO
4 70
I 60
New York Money Market.
NEW TORK, Aug. 11. MONET On
call strong. 234 per cent; ruling
rate, 4 per cent; closing, bid i per cent;
ofTored at 1 per cent; time loans firm.
PRIME MERCANTILE PAPER On
call, 2 per cent higher.
STERLING KXCHANGE Steady:
actual bualness In bankers' bills. $4,844$
for demand; $4,821 for sixty-day billa.
Commercial bills. $4.81.
s SILVER Bar. 67,; Mexican dollars.
GOVERNMENT BONDS Easy; railroad
bonds Irregular,
Advances wera cancelled In the second
hour. Bear raid put Amalgamated Copper
and St. Paul under yesterday's lowest
level; subsequent rally of 1 to I points
lifted general market well above yester
day's closing.
Speculation became rather buoyant
after 1 o'clock. Smelting jumped 4 be
yond yesterday's closing; Northern Pa
cific, ; Union Pacific S4; Raadlng.
2: Amalgamated Copper, SH and the
rest between 1 and I points. Market
cloaed quiet and strong. Gains were
axtended in last hour. Union Pacific rose
4; Great Northern preferred. IS;
Amalgamated Copper, IH; Canadian Pa
cific. JS; Reading. H . The market
yielded a fraction on realising.
Beaten Capner Market.
These quotations are furnished by Logan
At Brysn. members New Tork and Boston
Stock exchanges, I Board of Trade:
at L s. A Pmsbarg... 14
Atlantic 11 NuHctuau
R n,h! K-HMIekisaa U
Black Meaatala IsMehawk T
Bastes Cohsslltsteg.. 84 StiiAt ConsDllastsa. . 11
Butt. Col lues 1 Ksnk Bint 11,
Csluwt A Arltesa. 1lwOI4 Oomuiiaa
iik..,.,ih wuisey g
.. A Baaaaoa iu
44 T.narsrk
.. IH titunii Casper .... U
.. 414 rtt4 rrsit 40
.. Irnllr4 lUlM. eft... W
.. 1 ftak Cenniiaata4 ... J
..III tuh Oevar T
.. 1H Tic torts
.. U U-slearlae 1U
.. KllaU4
Bank CI earl a as.
OMAHA, Aug. U-Bank clearings for to
day were ll.643.4M21 and for the cor
responding dats last year 11.186. 4a) A
Itew Terk Metal Market.
NEW TORK. Aug IX M ETA L8 Lead,
dull st 6t la6 26. Lake copper, weak at
llt.00vll.6u. Silver. 4T5c.
CeBtSDBlAl
Copper Ress
tily Wast ...
Bklala
tut Baits ...
Cress Copper
Grassy
HeiTStls
Isla Rsrsl ....
It
JOKE LAYS JJP ITS VICTIW
Present ar Esplaalaa nf Alarsn C$swk
ends Maa ta tka Baa
pltal.
William Wadson of Council ninft. i.
lying at tha Swedish hospital bruised aad
sore as the result of a practical oke that
was played on him Tueaday morning. Wad
son sleeps la a bars la the rear of 180!
North Twenty-fourth street, Omaha, and
cares for the horses la ths morning. Hs
has basa In tha custom of waking
promptly on time, but to provide agalcst
emergencies has aa alarm clock set a few
minutes lata. When tha alarm goaa off
bo knows that be Is a few minutes lata.
Tuesday morning noma wag set tha clock
two hours ahaaa. Whan Wadaoa a woks
ha snppassg he was bnhlad time and atlll
half asleep ha began ta harry with such
rigor and aaargy that ha fell through a
boss ta tha floor af the loft and pluaed
down to tha floor karlow. He was not seri
ously hart, nut has suffered cxmatderably
ta sniad alnca aa discovered thai be was
iwa hours ahead of lima
SUPREME COURT SYLLABI
Opinions filed July IX 1W7:
1I7Z7. Fall sgalnat Fall. Appeal from
Hamilton. Cm rehearing. Reverel and
Remanded, with directions. Let ton, J. Seug
wkek, C. J., disaentlng.
1. A court ot cnaiicery haa power In a
f)roper case to compel a conveyance of
ana ettualed In another county or a ale
when tha persons of the lattice Interrs.eJ
are within the Jurlt-dtcllon of the court.
A If no action Is taken by the (.e.aon
ordered so to do, either voluntarily or in
voluntarily, to convey the Una as u reel. d.
neither the decree nor the order to c ney
can In any manner aftect title to lai.di ta
another state.
A A deciee and order to convey in such
a case can act only upon the person and
cannot affect the title to the land. It Im
poavs a mere personal obllgat.on enforce
able by the usual weapons of a court of
chancery.
4. The clause of the constitution of the
United Sialea requiring full faith aud
credit to be given In each stats to tiie
fmbllc acts, records and judicial proceed
ngs of every other state, does not ire
vent the courts of this state from exam
ining the records of the courts of a sister
state to ascertain whether or not that court
had Jurisdiction of the eubject matter.
14122. Cobbey auainst State Journal com
pany. Error irom Oage. On rehtarlng
former opinion of thla court vacated and
Judgment oi district court affirmed, liarnes,
J. Separate oplnluu by Letton, J.
1. An action for the malicious prosecu
tion of a civil ault cannot be maintained
if there waa probable cause for bringing
the suit complained of.
2. Both malice and probable cause must
exist In order to justify an action ior
h.bIi. inn T.i lUir 1,1 In 11
j S. A judgment in a civil suit or a convic
tion in a criminal sun Dy a court oi com
petent Jurisdiction is prima fscle ev. denes
of the existence of probable rsuse. but this
is a rule of evidence and Is subject to re
buttal by proof that no probable cause in
fact existed.
143(4. I Tingle against Modern Woodmen
of America. Error from Deuel. On re
hearing. Former Judgment adhered to.
Barnes, J. Letton, J.. dissenting.
1. A subordinate lodge of a mutual bene
fit society and its clerk, who Is designated
by the supreme lodge to receive snd for
ward dues and assessments from certificate
holders, are sgents of the supreme lodge.
1 The collection of dues and asseements
from a member of the order, conv cted of
a felony, bv the clerk of such subordinate
lodge, with full knowledge of thst fact,
which are formarded to an retalntd by
the supreme lodge until after the d.ath of
the member, amounts to a waiver of a for
feiture of his benefit certificate on the
ground of such conviction.
14314. Central Granariea Company
against the County of Lancaster. Appeal
from Lancaster. On rehearing former
judgment vacated. Judgment district
court affirmed. Sedgwick, C. J. Barnos,
J dissenting.
1. The classification (Sec. . Revenue
Act) of "every person, compsny or cor
poration engaged in the business of buy
ing and selling grain for profit" as-a
"grain broker" for the purposes of as
sessment, and nrovldina for the assess-
ment of the average capital of grain
brokers is not unconstitutional.
2. Ths amount of capital invested in a
business ordinarily Is the whole amount
of money Invested and used in carry!;'
on that buslneas. The average capital
of a grain dealer la defined by aection 46
of the revenue law to -be the average
mount which the total Investment in
the business of the grain dealer exceeds
the tangible property which can -be sep
arately assessed at the time of .the as
sessment. The. assessor, from the ex
amination, pointed out In the statute tnust
find what capitsijf ths buaineaa th to
was, if any, from time to time during
the tax year, not Including in the com
putation the tangible property on hat.d
and capable of asaessment at the time of
assessing, and ths average or mean c f
the capital so found is to bs assessed
as property In addition to the tangible
property.
14161. Holcomb against Tlerney. Ap
peal from Custer. Reversed and re
manded. Jackson. C. Division No. 2.
L In an action against an Insolvent
banking corporation for the appointmo-it
of a receiver to wind up the affairs rf
the bank for the benefit of its creditors,
notice of the filing and pendency of the
action should be given before a rec?l'."3r
la appointed.
I. Where In such action a receiver Is
appointed without notice to the bank, ex
cept such aa is Implied from being dls-
twiaae&aed rt Ira rirnrtertv an4 tha pa.
j celver proceeds by direction of the court.
without objection, to convert the assets
of the bank into cash and pays the pro
ceeds out to the creditors, ths proceeding
Is not void to the extent that the status
of ths property Involved is open to col
lateral attack.
1. A judicial ascertainment of the lia
bilities of an Insolvent banking corpora
tion, such as Is necessary before an action
can be maintained to enforce the lia
bility of the stockholders, can only be
had in an action where the bank, bolng
a party, has been properly served wl:h
notice of the pendency of the proceed
ing, or where it has voluntarily ap
peared and submitted to the Jurisdic
tion of the court.
146. First National Bank of Blue Hill
against Webster Couaty. Appeal from
Webster. On rehearing former Judgment
vacated. Reversed, remanded. Jackson,
C. Division No. 1
L The assessment of property for the
purpose of taxation aa ultimately fixed by
the Board of Equalisation la final, except
upon appeal to the district court, and
should not be disturbed on such appeal
unless it appears from clear and convinc
ing proof that It IsVrrroneous.
2. An assessor is required to assess the
stock of a bank at Us real value, and
where a bank owns real estate of a greater
value that that st which It is carried on
the bank books, such excess of value
ahould be taken Into consideration In fix
ing the value of the stock.
S. National banks are the agents of their
Stockholders for the purpose at listing their
stock In such banks for taxation and pay
ing ths tsx thereon.
146X8 Cathers against Moores et Al. Ap
peal from Douglaa. On rehearing former
judgment adhered to. Barnes. J.
1 A resident taxpayer of a municipal
corporation may maintain an action against
Its officers, who have squandered or dis
sipated its funds or paid them out for aa
unlawful or unauthorised purpose, to re
cover such funds for the use and benefit of
the corporation where Its proper law offi
cer neglects and refuses to proaecuUt such
an action.
2. To entitle a taxpayer to a Judgment la
such a case It must appear that the mu
nicipality could have maintained the. ac
tion In ths first Instance.
t Where a municipal corporation re
ceives and retains substantial benefits un
der a contract which it was authorised to
make, but which was void because irregu
larly executed. It Is liable in an action
brought to recover the reasonable value o
ths benefit received: snd where it has paid
for such benefits It cannot maintain an ac
tion to recover back auch payment.
A A taxpayer haa full knowledge of tha
allowance of a claim by the municipal au
thorities, and la afforded an opportunity
to appeal from such allowance, and falls
to avail himself of that remedy Is not
thereafter entitled to maintain an equi
table action against the officers of ths
municipality to recover the money dis
bursed upon such allowance.
14U46. Bell against Rochford at aL Ap
peal from Douglaa. Motion for rehearing
overruled. Calkins. D. Division No. 2.
1. Defects In scaffolds, forms and tem
porary struct ures. not intended to become
a part of the completed building, are not
di-feda cf ths structure due to Its fur
nished state.
2 The proximate cause Is the primary
fault, where no Intermediate cause, dis
connected taerefrora and self-opera' ing, in
tervenes to producs the effect.
14(71. Hanson st al. against Aetna Life
Insurance company. Acpeal from Lan
caster. On rehearing; former judgment va
cated: Judgment district court a (Tinned
J&caeoa. C Division No. 1
L In aa actloa on a life insurance policy
a witness on behalf of the plaintiff tes
tified, ost crties examination, to havtng
heard ths Insured state, shortly before bis
dcata, that the nrrautr.a oa the polk-y
had all he paid. This lestltnoey waa
pwBiilied, wuhvui lrcug. ta inuim ia
the record,
payment.
i. In sn action on a life Insurance policy
Issued by a hat ia commonly railed an
K-tiroe life insurance company. It ia
not error to overrule a motion for a new
trial na the ground of newly-dtscovered
evld. nee. where ti.e claim ct newly-discovered
eMdetice la grounded on state
ments alleged to have been made by the
Insured Uiat ha had not pail the prenilun a
on the policy upon which the action was
founded.
A The .possession by the defendant of
an uncanceled receipt for a rremlu.n 1s
fore the death of the Insured is not, of i,
self, sufficiently controlling to Justify the
trlsl court in setting slde the verdict of a
Juryipon motion for a new trial.
1:V Richards sgalnat Harlan County.
Appeal from Harlan. Revers-d and le
manded. Jaikson. C, Division No. 1.
The State Board of K-iun l.iaMon Is not
authorised to sdopt rules for the govern
ment of sssessors whkh requlrve the ss
sessment of the property of an Individual
la sxcvss of Its value.
14714. Ruckle against TVelty. Appeal from
Furnas. On rehearing, former opinion ad
hered to. Barnea. J.
Where, in an action In ejectment, the
plaintiffs chain of paper title does rot
reach back to the aoverelgn, or to a co.n
mon source from which both parties cIhI ii,
he must prove that he. or at least one of
the grantors In his chain of title, had at
some time teen In possessinn of ths ir.ni
Ises before he cen recover.
laull. Anthes against Schroeder. Appeal
from Jefferson. Affirmed. Calkins. C, Di
vision No. 1.
1. Where upon the final hearing of a
rase the trial Judge makes an order per
mitting the defendant to offer the testi
mony taken at a former trial and after
wards includes the evidence so taken in
the bill of exceptions, the same will not
be stricken from the record in this court.
2. The r'ght of a Junior mortgsgee hav
ing security upon a single tract of land
to require a aenlor mortgagee having se
curity upon several tracts to take payment
out of those to which he can reaort ex
clusively, so thst both may be paid, can
not be defeated by a secret oral mrrp.
ment between the senior mortgagee and the
debtor that the former shall first resort
to the security upon which the Junior
monsagee has a Hen.
less. Ford against State. Error from
Cage. Affirmed. Jackson, C, Division
No. 2.
1. in constructing a statute It will not be
presumed that the legislature Intended any
provlaion of an act to be without meaning.
2. A person who Is found - In possession
of Intoxicating liquors with the intention of
disposing of same without license is a
keeper within the meaning of the provisions
of section 20. chapter 1, Compiled Statutes.
1. Where several counta are Included In
the earns information a conviction on one
count may be austalned although the Jury
ignore the others, and a Judgment upon one
of several counts with no verdict aa to the
others operates as an acquittal on the other
counta Casey against Stste, 20 Nab., 136,
overruled.
l&j. State es re!. Rutledge against
Eaton.. Original. Writ of mandamus al
lowed. ' Barnes, J.
The Board of Kduratlnnal I -and and
Funds ts vested with s discretionary power
In passing on annralsements of school lands
under an application of a leasee to pur
chase. But such discretion Is a reasonable
cne anl must be fairly and reasonably xer
cised. and the arbitrary or unreasonable re
fusal of the board to approve of a fair ap
praisement will not justify the commis
sioner of public lands and buildings In re
fusing to Issue a certificate of purchase,
which the lessee would otherwise be en
titled to receive.
1437. Burk sgalnst State. Error from
Richardson. Reversed snd remanded.
Barnes, J.
1. Where a person on trlsl for a crime tes
tifies In his own behalf he becomes as any
other witness snd his credibility should he
subjected to the same tests ss are legally
spplted to other witnesses, and It Is error
for the court to give undue prominence to j
the fact of defendant's -'rrc-st In the re- t
suit of the prosecution py rorws'any ral
lng the attention of the jury thereto and
I informing them that they must consider
that fact In determining rue we-hl ana
credibility of his evidence.
14390. Patrick sgalnst Barker. Appeal
Toug1as. Reversed and remanded.
Barnes, J.
1. An agreement made bv the president
of a bank with a proposed purchaser of
Its stock that the bank will accept certain
notes snd mortgsges held by him. amount
ing to the face value of said stock. In pay
msrit therefor, snd thst If such purchase
Is mad he will hold the purchaser harm
less and indemnify him against any action
, of the bank to recover any further or
1 other amount either on his endorsement
' of said notes or otherwise. In psyment for
1 said stock. Is not a contract to sniwer for
the debt, default or miscarriage of an
other. S. Where, by reason of such agreement,
the bank stock Is actually purchased and
paid for, according to Ita terms, such pur
rhase Is a sufficient consideration to sup
port the agreement.
14464. Ptull Broa against Beddeo. Ap
peal, Harlan. Reversed and remanded.
Albert. C Division No. 2.
L A surety on an injunction bond, given
In a suit brought to restrain the enforce
ment of a judgment, is not relessed from
liability thereon by the discharge of his
principal In bankruptcy.
2. In an. action on auch bond, the extent
to which the amount collectible on the
Judgment has been reduced In consequence
of the Injunction la a proper element of
damage.
L Whether a debt due from sn agent to
his principal for rent collected and con
verted to his own use, is one created by
fraud, embesslement, miaapproprlatlon or
defalcation while acting In a Judiciary ca
pacity, within section 17 of the Federal
Bankruptcy Act. Quaere.
4. Former opinion modified, and former
judgment vacated.
144. Wolcott against State Farmers
Mutual Insurance company. Apneal. Mar
rick. On motion fnr rehearing, motion
overruled. Albert, C. division No. 2.
L A by-law which provides "thst assess
ments shall be made by order of the di
rectors, snd shall be pro-rated according
to the time the Insurance has been In
force' is not suthorlty for making as
sessments at stated Intervals.
2. An asaessment levied by such com
psny must he against ths entire member
ship, snd r leveled against a part only.
Is Invalid.
2. The authority of tha board of direc
tors to adopt a by-law authorising them
selves to levy assessments, questioned.
14.467. Qrochowekl against Qrnchowskt.
Appeal from Cuming. On motion for re
hearing, motion overruled. Albert, C. Divi
sion No. 1.
1. A contrsct whereby one Interested In
defeating the probate of a will srnees to
Interpose no rih'ectlon thereto Is not void
as sgalnst public policy, unleaa made ool
tuslvelv and In fra:id of other parties In
terested In the estate.
2 Where nppoeltlo to ths probate of a
will Is msde bv such party In good faith
a withdrawal of such opposition Is a valid
consideration for a promise on the part
of one Interested la sustaining the will
t. Evidence examined and held sufficient
to entitle the plaintiff to a decree.
14.11$. David Bradley A Co. against
Brown. Error from Boone. Affirmed.
Ames, C. Division No. 1. letton. J . con
curring separately.
1. When sn sgent In the possession of
goods has contracted to become shsolutelv
and unconditionally liable to his princlnal,
to ths exter.t of this value for their loss
or damage by fire, and procures Insursnre
upon them in his own name, such Insur
snce Is for his own sxclusivs benefit and
sdvantsge snd does not effect or add to
his obllgstlon to his principal upon bis
contract.
1 In a ease like the foregoing money due
from sn insurance company on secourt
of a loss under Its policy Is not a trust
fund for tha benefit of the principal, but Is
sn Indebtedness to the sseni and Is subject
to his disposition and liable for his deb's
like other money and property belonging
to his estata
14. AA. Howell, receiver, against Malm
gren. Appeal from Saunders- Affirmed.
Oldham. C. Division No. 1.
L Cnder section 43 of ths code of dvll
procedure It is within the sound discretion
of the district court to dismiss a petition
without prejudice for disoliedhrnce by the
plaintiff of a reasonable order concerning
the proceedings In tha action.
1 A court having Jurisdiction of an In
solvent corporation for the rurpnse of wind
ing up Its affairs has no authority to render
a personal Judgment against one of l:s
stockholders who Is not a party to ths
sctlon by aervke of process or voluntary
appearance. Neither has the court In sich
case suthorlty to adjudicate the fact of
memberahlp in the cirporaton. Common
wealth Mutual Ina Co. against Hoyden
Bros. H Nebr , 464. followeo and approved.
14.720. Schulenberg sgalnst State Error
from Rlrhardaon. Affirmed. Jackson, C.
Division .No. 2.
L la a prosecution for unlawfully keeping
Intoxicating liyuor for aale without r.
license It ia not error for the Jury to taste
of the liquors seised aad produced in evi
dence al the trial for tha purpose of aiding
in the determination of the question as to
-(nether or not the liquor is Intoxicating.
14 7V4. Hudson arslnst Truman. Appeal
from Lancaster. Affirmed. Ames, C Divi
sion No. L
L A verdict upon eon flic lng evidence will
not be disturbed unleaa the evidence is
clearly Insufficient to sustain It.
1 A criminal prosecution from malicious
motives la aot a cause of action tor dam
ages if t bore was a probable cause.
A Error cannot be asa rned for the re
fusal af aa ltastrucxloaL tka sabotaaee of
aTnL
I, I, 4 and . Horns tvsnsra
Fer SULKY, 6AK8 2nd DISC PLOWS
Ask Your Dfairr for "lleiJer"
ETener, or Write Vo
KEICER RFC. CO.,
fra of ail kiaS et Eeme.. ladder la
Dipt. 8. CARROLL, IOWA. .
HOTELS AND SUMMER RESORT?
i
II m m nw r
Hotel Kupper
llth aad ltoOee,
KANSAS CITY, MO.
t ins sTaopplaf Dlsteiete
year all tlxs Thsat
00 beautiful mc
100 private bath-.
Hot and eeJd water la ad
radons Ussy, parlors.
Telephone la every room.
Beautiful Oafs, rerfeot
SI to S2.50 Per Day
Buronsaa Vina.
kUPrrB-Btsc Gem c.
V. A. ICHIOI, Kg-B.
Stratford Hotel
(Curopaan Pisni
Chicago, Illse
T l ii sx
a, av
f loan.. in r
Offers yoa refined, qu'et sod elegant so-'
commocationi. Located corner of city's
two finest boulevard!. It is ccnvaoleat to
entire bailnei center SDd close to best
theatres and shopping district. 223
rooms. l.privetebetnn; luxurious writ
ing snd reception rooms; woodwork
mahogany throughout I brass beds
and all modern comforts t telephone ia
every room, beautlrul dining rooms
tbs best oleverythingstmodaratspricas.
MlfblgAg snd Jackson BlvdA. fiitef
.-m..-V.9J, .it.' n, tiHiilgr
RAILWAY TIME CARD
3
I JflOJf BTATIO- IVta AND MARCl.
In Inn Pnciaa.
Overland Limited a I 6oa in
The China and Japan
Fast Msll al Mptn a I pra
Colo. A Calif. Ex...' a I to pin a : am
Callfom'a At Ore. Ex.. .a 4-w) pro a 1:1 n
Los Anrel'S Limited. ...el? 58 pra a l.ll pra
Colorado Special -..all :S pni a 4 44 ara
North Plat's Local a 7 4 am a 4 .15 pra
Beatrice Local b 7:42 am o 1:1 pea
Wabaaku
St Louis Express . Jo psa a IJI am
ct. Louts Local (trara
Council Fluffs! a 1:10 am all:ll pra
Stanberry Local (from
Council F.luits) b 1:00 pmbl0:ll an
lllssoarl fart As.
K. C. BL L. Exp a 1:09 am a l:8B a
K. C. At St. L. Exp all :U pro tig
Nebraska I weal aT:.rm all:40
tklraii, atllwaabea at at. fast.
Chicago Colo. E pedal. 1x2 am . am
talir. Oiegun t.p... b.Js pin 4 pra
CveriauU Limited :ati pm tJR mm
Cblcaga, Kara la.an A r-aotaa.
KAaTT.
Chicago Limited a 1:43 am
Iowa Locai iliitin:
t)ea Moines pass A 40 pra
ion s Locai all .44 am
Chicago K.es(rn Ex.) a 4:44 pra
Chicago s'lyer a 1.00 pen
WEST.
Rocky Mountain LmtA.all e pm
Colo. A Cal. Express... La) pa
Ckl. tt Texas Exrresa.a 4:40 pm
IJncoln sV Fairburv pass a 1:46 amaU:ll an
t klcsgo tires t Western.
at- Paul A Minneapolis. I -SO pm
St. Paul dc Uinncauolis. 7:j am
Chicago Limited I (4 pru
Chicago Lxprcsa 7: am
Chicago Express ....... fj pm
Illinois tsauai.
Chicago express a T:20 am
Minn. A St. Paul Exp...b T: am
Chicago Limited a t:ue pm
Mioa. bu Paul Lrntd.a I A) pia
CA lunge A Barlswilsis.
Chicago Daylight a T.-Ot mm
bt Paul-M apolla Kx..a TAS am
Chicago Local .al:, am
Sioux City Psssongsa...a fas am
Chicago Pasnengeg a 4 a pm
Chicago trpeclal 4.-iA pm
SL Psul-M polls Lm:d..a t-.a pm
Los Angsle Li'Altea. ...a aas pm
Overland Limited ...... air) :U4 ia
Fast Mall
Sioux city Local. a lAv put
Fast Mail ..
Twin tty Limited.. . .a I 38 pm
Overland LimWad ...a t pm
Norfolk-Hor.eotst ... ..a t:e am
Llncoln-Chadran ...... a .-4, am
Desdwooddnoota ..a 4.t pm
Cssper-Avaoanvl .......si hO pm
HasUgs-sniv1or I Iw pea
r remont-AJoion b I 41 pm
Loa Anc-ilss limited... i JUt pea
all-M pra
a 4 JO p a
aU:J0 pea
b tM pm
a l:S pm
a I. ass
a I am
a 4:40 pta
a t:4f pm
7:2 ara
U ii pm
tJtl ara
U J pm
1J0 pm
a Itt pm
a 8:44 pm
W am
tM mm
all M pra
A14.00 pm
ia pm
l a pm
I N am
a I to ara
7:s aia
all X pra
I U am
1:21 am
a 1:20 am
a I pra
T.- am
1:11 am
aK:M am
mo st am
l.iA pia
a 14 pm
b l: pm
sUM pm
all
BUHLIHGTOH ITA IrTH AV M ABO 21
Bnrltngtnn. -Lea
va
Denver A California... .a 4 J4 pm
Nortawest Spaclal....... 4:11 pm
Black Hills ..-.a 400 pm
Northwest Eaprsss.... I.pv pm
htebraaka points. ... am
Nebraska Lxprsas.......a 8A am
Lincoln Fast Mali. 1:44 pm
Lincoln Local ..,.
Lincoln Local .........
Louisville A Piattsm'th-b 1 11 pm
Balievna-Plattsmoutb .1 I w pm
piaitamoutb-Ioaa b W:M am
btllavue-Plattsraouta ...
Denver Limited M.all.Alpm
Chicago Srcial .. 740 am
C hlcago txpreaa a 4:10 pre
Chicago Flyer a I I pm
Iowa Local sill an
EC Louis Express. a I 46 pm
Ksasas City A. bu Jos..alO:U pm
Kansas City A 8t Joe. .a 1:11 am
Kansas CMy St. joe.. a 4 44 pa
Ag.vr.
a 4:10 pm
A 4:10 pal
a 4.14 pra
m 4.4 am
4.14 pr
a 4.14 pt
all ot pn,
Ilw4
a lis) pr
bW
f tf a
I'lMpm
el am
ell 44 pm
a t it pr
AO ar
all :M l ,
aUAO ara
a I A) am
1 11 pr
WatBITEB ITA.
Cnleagw,
Us
It. Paal.
IATM . WSIITKS
1
"InneanalU 4b
Leavs.
b am
-a t .( pm
.D 4 :44 pm
I -4. am
A.rtva.
b I 11 pra
sils ara
b 1:10 am
IAo pta
Twin City Passenger
Sioux "City passenger.,
f.merson Local
Krneraon lecal .....
Mlaaaarl pact.
L-cal via Weeping
W'tar ... f-w am a I pm
Tails CUy Loral a I 40 pm all:a's
a Ds'jy. b rally except gauds, d D-afl
sxeep'. Saturaay Sunday only, a Ia)iy
i.H Mj.da.
OCEAN STEAMSHIPS
CANADIAN PACIFJC
"tMPRIII" Lin of th Attantio
QDISID TO UTIIIFC&a. I.EXA WW W
SOvB SATS AT SXA.
Empresses sail Aig. I, 11: tept- I, tl
First Cabla 110 up; Fecond Cat. I a i no:
Third Clasa I -I 74 Writ, tnr rt l..l. r.
atlrh is contained ta instructions glvta fcy I 43. s. Bawjamla, OaaO. Agsat, Tai. UaJTlansi
U.S court 4f kia own BMrUur 'Hie. Ill -. Ciark bu sn
wp asasaavr;-i.