Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 04, 1898, Page 5, Image 5
THE OMAHA DATLY BEE : ITOIDAY , FETVRTJARY , 1806 * FINES TO ENFORCE RULES Eow Oommisaion Men Are Held to Theii Strict Observance. FEATURE OF UV STOCK EXCHANGE if r H Ilolil ( ii Srlclcr ( < > iinnlilllt > mill lli < iiilViialtlt'i ItnixiHCil for Jiifriu-llnii nf the The morning session before the ex fttninor-lt'-chanccry of the federal cour VIM furlhor engaged with Iho case of Die Ualtcd States against the South Orraha Lh Stock exchange. Antono L Lott , secretary of thn exchange , occupied the sUnd durlnj the morn'tig ' , and was examined by Warrcr Svvltzlor In behalf of the defendant , ani United States District Attorney A J San- jcr , for the government. Mr. Icon's tcntlmony was corrobaMtlvo ol that given Wednesday by Richard Gllchrlst ox-prcsldcnt of the exchange , In regard tt the orginlzatlcn being a monopoly Ho Raid H was practically Impossible foi any comm'aslon merchant to transact busl' ness In South Orr-ilia without having membership In the exchange. The member ! were under the discipline ot the body , In nald , and were nubjcct Jo fines tor noa-ob Bcivanco of rules. Ho gave the Instance 01 t'.io firm of George Adams & Burk , who ba < been convicted of Binding a prepaid tclcgrnn to a Kni'fai customer giving the comlltlor of the market and had been fined $200 it consequence Mr Loll \Vis asked rcgirdlnc the dockage fund and b\ reference lo tht books stated that thcro wis now ? SM In tht treasuiy from thh source Ho described thi nrbltiary rule which Imposed a charge of If cents n car on hog nhlnmcnts fet Inrnecllor , and dockngo nol legally required and whlcl : It la claimed by Iho government atlorneys amounts to tin'hlng ' more than a robbery ol the fanner. It was s'jovvn that this systcn : of tolls amounted to a good many hundreds of dol'ars a ywr , and Is nald lo Inspectors The assumption of authority by the ex- cliango was further shown by the caseol Jackson , Hlgglns ta Co , who had been finctl , S230 for receiving a shipment from n man named Burke which had been originally billed to Woods Brothers , but had been deflected through Iho efforts of the former firm's traveling solicitor. Burke had re ceived $150 for giving his tostlmony In the ias ( ? Other assumptions of a court's au thority were glvn , a non-observance ol which Involved a heav > line Among these was the rate of commission charged by com mission men which must moct and not ex ceed n certain amount under the liability of a heavy penalty In the examination of Mr. Lot ! by Mr. Sivllzlcr emphasis was lak on the fact that the cxehangt was not In business ftr profit , that no dlvl- > * dc id was over declared and th t the pur- , & jioso of the organbatlon ivvas simply for the guaranty of good faith among the commis sion men and to establish a uniform system of dealing and charging It was i S3crted that tt was nol absolulely Impossible for a merchant lo engageIn business without a membership In the exchange but It was ad mitted that It would be made exceedingly unpleasant for him. All WAGGONIJU'S TESTIMONY. The aftorncon was largely occupied by tht testimony of Al > Waggoner , one of the mem bora of tlio exchange , whose testimony cov- tied somewhat olmllar ground to that ol Colonel Lett. Mr. W" ggoner ivas questioned at length In regard to tr-e system of busl ines used by the exchange- and as nearly cvciy question was objected to by Iho al- tornoys for Iho respondents , the examina tion was somewhat tedious. The witness was asked In regard to the solicitors employed byi rlous commission llrms and his testimony shone ] that while the solicitors wcro out sending catlk owners to the South Omaha market , they also took occasion to look Out for prospect ive buyers Some pains wcro taken to brins out the fact that the cattle were b-ought to South Omaha and sold to purchasers , who shipped them out to various other s'/ates Th < > w tncss also lestlfled that In most cases the cattle were billed through to Chicago In order to secure the advantage of the throimh rate Much of Colonel Lett's lesllmony was cor- loboralcd by Mr. Waggoner. The liltcr stated In reply to a question that In h.j opinion It was Impossible for a commission man to do a successful business at the South Omaha yards 11111088 ho was a member of the oxchunge. Ho was also questioned at length In regard to the system fellowcd by the comm sslon uncn of procuring loans on feeders , taklug as security a mortgage on the herd. Ho stated that these mortgages contalnc-d a clause which bound the feedere to sell the catllo when they were ready for market through the firm thai had procured them the loan. INTERSTATE FEATURES. L C. Rcddlnston , manager for Clay , Rob inson fi , Co , was placed on the stand to verify the fact that cons derablo business < lone i.t South Omaha wouli come under Ihe head of Interstate commerce On this polnl ho testified that lib firm had dealings with shlppeis In AVjom ng and other states anil thai fcedeis had been consigned lo farmeis In consideration of chattel mortgages there on. on.In yesterday's report of this o so , In the Ipstlmony of William A. Hlgijlns , the rate of Interest charged should h.ivo been stated at from 7 to 10 per cent. Mr. Hlgglns also testified that the "dockage charge on hcg TV as 15 cents per car Instead ot 15 contsi per head. IJx-Pres dent Gllehrist insisted th t his testimony was misquoted. lie says lie testified that the rule In regard to momber- fihlp was net charged for the purpose of freezing out the Oiuaba. Live Stock Commis sion company , Ono Instaeico ot the benefit of the ex istence ot ttio exchange was brought oul In Iho testimony of Mr. Gilchrlsl , Al ono tlmo A commission firm was detected In r overcharging \ customers In the matter of feed furnished At once ? OIO , the amount thus secured , tvas taken from the firm by the exchange , and through Its secretary wax icturned to the vailous ohXipors who had boon swindled , the amounts running as low cis $5 , In many cases Iho shipper not know ing ho had been overcharged. The exchangerellM for Its ultimate vlitory on a similar rase now In the mi- prcmo court of the United States against the Live Stock exchange of Kaims City. This < case Is also bwd on nn alleged Infringement of Iho IntenUUo commerce law , and Mr. SwIUlor said yesterday that If the Kan sas City exchange * won the Omaha case 'would be settled In his favor and In a con trary case the Omaha exchange still hud u good chance , as Its ni'cs ' ivoro more llboral than the similar organization In Kansas City , Trouble . \limit an ( HiTcoat , Neal Corojrin vvus nriested lusl nlehl on complaint of a South Omaha man , who clnrged him with obtaining nn overcoat by dishonest inenns. The. two men'had been In a South. Onnlm naloon watching' n game of cards Corcoran observed n poker hand in one deal which hn o.ild would beat all eomi'iH. The South Oimiha resident was nl- lovvul to see om > iilmo.-u an good nnd bec-amo o assured of Us superiorly Ihiil ho pawned Jil-i overcoat lo Corcoran for ? ' . with whluh to back the hand It was not n winner nnd the South Omah i man ankod Cor- oonm 13 nccomiKiny him lo thin oily , where iho could obtain Iho money lo rcdecun Ihe Karmcnt from a cousin In Iho lire depart- uiiutit When thn coiuln wns given the facts lie Immediately telephoned the police nnd Corcoran was arrested. Ho aiiioed to re turn the coat nnd was allowed to go on his wuy , ' 1 iirncrx' Itt-litMiroal. Therewns u rehearsal In Turner hall last night for an entertainment to be given on J'ubruary 6 by the Omaha Turnvereln , In observance of the thirtieth nnnlversary of the organization , T-ho program will con- IfcPtfi. 5'Lf ' ? ' " " " 'oand ' nthlotlo exercises nnd nn JFJ > nddrp s by Clans Conrad. Iho president 3f J JSJ rim'i"1 ? /"ie I10"10" prnctlecd lasl night was the lioop drl I. uln'-lo stick ox- ' ' ; o and club swlnelnjr. The class Sn- usuilly protli-U-nt In work wlta the slnsle Blltk nnd made n Kood i.hibli on of iiiouiliiot and outtlnit. tlrimt nnd "urry -vvllh Ihu ancient WCUIHIII. The hoop dilll was conducUHl by twclvo nu-mber * of tie women's j-la a attlr In un nttractUo Greek ojstuma of yellow and white or rein ctn\\s Anxi > cliitlnn McrtB nl InryillUami I'lxtcnn to Inpcr < MAnwiLLB , Mo. , Feb 3. ( Speclall Hog fanciers from nil over the middle west are In Muryvlllo < oJay attending the annual - nual meeting of the Standard Poland China Record association. The Swlno Breeders' Institute , which la a regulor feature of the annual meeting , -was held t the Nodaway county court hoiifo yesterday afternoon A Mrge crowd of member < ! of the association and outsiders were present anj the ine tlng WAS very Interesting and animated through out. H M Klrkpitrlck of Connor. Kan. . WM choswi chairman and Trank Woodford of Shennndooh , la , secretary J. Audd of Stnnberry , Mo. , read a r per on "Pub lic Sale Guarantees and What Constitutes a Breeding Anlicnl , " N' . E. Mosher of Sal isbury. Mo . discussed the question , "Is the Public Sale a Succr s , and What A.TO Its Advantages and Disadvantages' " H M ICIrltpatrlck of Connor Kan , road n paper on "The Coming Typo of a Poland China and How to Produce ; " W T Garrctt of Maryvlllo one on "Tho Superiority of the Standard llceord , " end Colonel J West Jones of Lenox , la , who Is an old auc tioneer , offered "Some Public Sale Sug gestions " All the papera read were thor oughly discussed by the different mem bers The Standard Poland China Record nsso- elation la NOW the second strongest organi sation of Its Kind In America. H has 47S members , whoso homes arc In twenty dif ferent statis and territories Missouri Kan sas. Nebraska , lena , Oregon , California. Colorado Illinois Indiana , New- York , Ohio , Pennsylvania , Kentucky , Texas , South Da kota , Indian Territory. MKilsslppl and Arlrona being Included It was organlrsd In 1SSG. The Standanl association hoa tlono at least as much during the twelve yearj of Jti life to develop the Poland Chlni hog a.s any other agency , and Iti membership Includes some of the best known hog fanciers In the country. Its meeting ends tonight Tuesday night J. A. Jtidd of Stonborry sold at pabllc auction by electric light fifty brood sows , at n average price of | 47 70. Hog fanciers say this Is the flrat sale of the kind that ever took place by electric lights. Yesterday afternoon the annual business meeting and election of officers took jilace S ! F. Po = fl of Crete , Neb , and Samuel Mc- Kelvlo of I\ilrfle1d , Neb , wore nominated for president and Mr MeKelvle was elected by a small majority The following vice pi esltleatB were elected P r Ferguson , for Indian Territory , Robert I Young for Missouri , S r Foss , for Nebraska. II II Wing , for New York , David Craig , for Oregon gen ; Jomeo Johnston , for Arizona ; D n Oarrlott , for Kentucky ; P. W. Pottcrson , for South Dakota , J W Pfander , for Iowa , Hrad Flndley , for Indiana , James I Saw- ye/ , for Colorado ; C F HutchitM , for Kan sas ; J n Hell , for Ohio ; S W Myers for Illinois , and W. r : Pa\ton , for Califor nia The following were elected members of the board of directors for the ensuing yar Frank Woodford , Shenamloah , la ; W. T Oarrctt , Maryvlllc , Mo ; D F Risk and M II Gabbcrt , Wcston , Mo ; J Wc.st Jones. Lenox , la ; E. K Axllne , Oak Grove Mo , rnd C. F Hutchlns Dellalre , Kan 'After the business meeting adjo.irncd the board of dlrecto-s met nnd elected W. T. Gairett Its chairman , George I" Wooduorth secre tary and 0 S Hotchkins treasurer. These gentlemen all llvo In Maryvllle , the head- quatters of the association. Ono hundred and eleven plates wcr spread for the annual banquet , which was held Tuesday night at the Hotel Ream , and tcists were responded to by n large n-jm- bo. ' , among them S F Foss of Crete , Neb , who talkeel on "The Nebraska Hog , " Colonel F.I Wood of Lincoln and Samuel McKol- vey of Falrfleld , Neb At the business meeting the following resolution was adopted "Resolvod That the next general assembly of the Missouri legislature bo requested to make a suffi cient appropriation and take such eteps as arc ne-cssary for the organl7atlon and maintenance of a state fair " COMMIT rui. : VMHTS oa rs xIoiml lcl < > Knloiil In Touring : 111. ' Mss.lMHli [ > i > l Itllt-r. ST. LOUIS , Feb. S United States Sena tors Ne'fion of Minnesota , Galllnger of New Hampshire , Dcrry of Arkansas , Vest of Mis souri , Glklns of West Virginia and Repre sentative Catchlngs of Mississippi , composIng - Ing the congressional committee appointed to Inquire into the improvements of the Mississippi river , left today for Cairo , 111 , accompanied by the Mississippi River com mission. At that place they will begin a trip to the mouth of the river on a govern ment steamer to take testimony as to the condition ot the levees and Jetties and the prevalence of Hoods. As a result of the trip a report will bo made to congress recommending the stops necessary to betaken taken to protect the country along the river from the high water. Prof. Moore , chief of the signal service bureau , accompanied the party as an ex pert. li-alc of a llaj. MILAN , Mo , Fe < b 3. ( Special Telegram. ) Green iP.alla of Osgood , twenty miles west , was found dead in his yard yesterday and Is supposed to have died from heart failure. Mrs Thomas W. Frazler , living noir here , was found dead on her doorstep by her hus band yosterJny morning She had gone to n sick neighbor's , returning In the foio part of the ii.gbt. She had been dead on the step several hours. She Is supposed to bavo died from heart failure. KANSAS C.ITJT , Mo , Fob 3 William A. M Vaishan , a pioneer , died at lib ? homo here today. Mr , Vnugban was barn nt fipott- aylvnnla Courthouse , Va , In 1S2D Ho came west seventeen years later , engaged In trade with the Indians at Kearney , Neb , for a time" , tookun active pirt In the border war fare , and at the opening of the war en listed In the confederate -rmy , nerving un do ? General Prlco and General Jo Shelby and toe'lng promoted to a captaincy. TOPEKA , Kan . Feb. S A. P. Wilder , a prominent railroad man and superintendent of the Missouri and Kansas Car Service as sociation , died hero today from Urlght'a dn- ! casc , aged C6. Ho was for many years car accountant of the Eunta Fe. - n TruulilcN. LA POHTB , Iml. . Ftib. 3. L. I. Snlro has ibeon appointed receiver of the Lake City Electric Hallrcuil company of Michigan City. The receiver han filed a ( bond In $50,000 , tfl burning control of the raid The liabilities are estimated at $30,000. with assets not known RuTscll n Harrison Is ono of the principal owners. The John Davis company , tt Chicago electrical oupply house , filed the petition for a receiver. LONDON. Ont , Fob. 3 A receiver has been placed In charge of the department etoro of Runlaius & Duller of this city. The liabilities are estimated at ? 100,000 The stock carried Is estimated at about tlio sine figure ATHOL , Mass , Feb 3 Lewis Sanders & Co , manufaclurerp of kegs , barrels and match Works , have Ibsupd R rail for a meet ing of crolltor.s next Tuesday It Is saU Iho uBsels of thp company are about $37,000 and Ihu llmbSltios $34 000. \ViuiiiuuikiT U I'oiiKl PHILAOIiLPHIA , Feb. 3. Ux-Poslmas- ler General AVnnnmnker. who v > a de cided on yesterday nt a meeting of busi ness men nnd politicians from all parla of the state as their choice for governor , returned - turned homo tonltril from Ihe south Mr. Wanam iker freely discussed yeaterdiy'a mcetlnR but was silent on his acceptance , or the request ( lint he pernill Ihe use ) of his name as a candidate He Bald he did not want Ihe olllce , and would prefer to con- duel bis business , bin IIP would plve the call his neilous consideration nnd Five Iho nolltlcallon commlltcn Ma formal answer. fiirrli'N Ouliilli Jiiipitllr * TITO , CINCINNATI , Tcb. 3. In reply lo Ihe request of the chalrrmn of Iho Cuban Re lief coriimlllee , Hie southern lines are now transporting supplies free- for the Cub-inn , Tne Queen & Crescent roule has been trans. norlliiM suoti supplies south from the start. and now that there has been another call far supplies , Receiver S , M , Fellon made another announcement loday Innl his road would gladly carry all such supplies free. OriliTM < h 'Mianto ' IlRIDOni'ORT. O. , Keb. 3. Secrelary Lewis of the Ohio Mine Woikers , loday or- dtrcd 100 miners nt Kolley's lo stilke , be cause of the dUohargu of several men with out cause. PIPMTIVP Titrv n i rT > Tn \ IVP HGHTIAG THE FAbT TRAINS Rook Island and AtchisDti Beads Cut the Rate to Denver , TIUY CANNOT SHORTEN THEIR SCHEDULE Alloptf Thcjrc Kntlllt-il lo tlio Dif ferential , lint tlic Ilnrlhifrlon find li-rn Will Meet the Itotluccil CHICAGO , Feb 3 The Atchlson and the Rock Island roads gave notice today to Chairman Caldvvell ot the Western Passen ger association that beginning next Sunday they would reduce the first class passenger rate between Chicago and Denver by $5 , the cut to be operative In both directions The announcement to the chairman was the sequence of a. conference held this morn ing between the general passenger agents of itho Northtvestcrn , Uurllngton , Atchlson and the Rock Island o\er the fast trains which the two former lines have announced between Chicago nnd Denver. The Atchlson nnd the Rock Island having longer routes to Denver than the oilier two roads cannot meet the fast itlmo made by the North western and the Burlington except at great expense nnd Inconvenience. They therefore asked that an extra fare bo charged on the new fast Iralns and that they bo used as "limited" trains. To this request the Durlinglon and thf > Northwestern lefuscd to accede , saying that the business would not warrant them In charging more than the regular fare The Rock Island and the Atchlson then asked that the fast trains be taken off , contending that the amount of the Colorado business at the present time was not of sulllclent volume to warrant any special train service. Tnls request was also refused , and then the Atchlson and Hock Island announced that thcro was nothing for them to do but make a rate lower than offered by the other two roada , and said that on 'the ' dale on which Iho Imrllngton and the Northwestern Inaugurated their fast train service they would reduce their rate between Chicago and Denver by $3. The Uurllngton and the Northwestern said thait they would meet any rates that were mndu by the Atchlson and the Rock Island , and would still keep their fast Iralns In service. As hocn as Iho matter was reported to Chairman Caldvvell , he called a meeting of all Interested lines for tomoirow to consider itho matter and to sco If some settlement could not be reached The trouble Is certain to Involve passenger rates between Omaha and Chicago , and Kansas City and Chicago , as well as the through latcs to Denver , Inasmuch as the fast trains of the Burlington and the Northwestern will shorten their running tlmo to both of these cities. Iho rates which will bo made by the Atchlson and the Rock Island will apply to Pueblo and Colorado Springs as well as to Denver. i\ci.iuus Tim rosTvr , OO IVM WoMlrrii I n I ou SeiMtres n Mutio ] > ol > oil ( In * Mi'-vlciui llusliirns. NEW YORK. Feb 3 The order ot the Mexican government to the Mexican Natlona railroad and the Mexican Central railroad corroany that they must discontinue handling commercial and other telegraphic messages between the United States and Mexico grovvb out of the fact that nearly a year ngo the Mexlcai-i Central and Mexican National com panies entered into an arrangement with the Postal Telegraph eotrpaay whereby the lat ter conirxtny extended Its American lines lo El Paso and began building to Laredo , to effect an exchange of business at the Mexi can border , and have over since been carryIng - Ing on a through telegraph service to the Mexican capital The olHcals ! of the Postal Telegraph com pany in this city said today that tholr com- pEay received Information some time ngo to IMe effect that the Mexican government had enlered Into a contract of exclusive connec tion v 1th the Westein Union Telegraph com- nany for the exchange of commercial tele graph business with all the railroad lines ol Mexico , and that the effect of thin contract , if carried out , would bo to orevent the rail ways , who own their telegraph lines , from transmitting commercial business which thev have contracted to exchange with Hie Postal company. The Postal officials further e\ tiViIn that the railroad companies say thcli concessions from the Mexican government as clonly confer upon them the right to transmit commeiclal telegraph business as lo operate their railways. s\viM > in uus > n OK Hocus ounniis. rinil new I'HC for tin- I'aiiper I'HNSPH. CINCINNATI , Feb 3 The railways hero have discovered they have been swindled out of thousands of dollars by bogus crdcra of the mayor for pauper passea. These orders were orlnled nnd bound In rads with the mamo of the mayor and his secretary printed on them Instead of signing these orders , the city seal or otarro had been used , but through carelessness these orders were finally glvtci out without Stan ping. Rocenlly many rods gel Into the hand/3 / of .scalpers and have been sold for months by ticket brokers The discoveries date back as far as last October , nnd It Is believed they extend back ! a year or mere- One rail way traced over $1,000 wort'i of them today on Its line , and other lines are proceeding with the Investigation. Today Joseph and Lyman Hesw were nr- rcsted co the charge of purloining charity passes from Iho irayor's office Their brother. Harry , has been employed In Iho office. Samuel Phillips was arrested , charged with selling these orders on which tickets were issued at Ihe ticket offices. Other ar rests will follow before arraignments are made. I/e-J 'C'outiuctN ' for a W\v Itoml. ST. LOUIS. . Feb. 3. Contracts were la' today to Johnston Drothers & Faught of St. nimo , 111 , to build 110 miles of railroad between 'Sapulpa ' nnd Oklahoma City , 0. T , ostensibly for the St. Louis & San Francisco railroad. The work will begin within ton dayn and will bo completed within fix months Johnston Brothers & Fought will on February 9 , at St. Elmo , re-let the con tract In flvo mile section. M. S. Carter S. DLof SI Louis , have been awarded all the brldgo work. I.iMiiInn iiu > * 'llfailliifr ' Swiirllli-M. NEW YORK , Feb. 3 , Reports current yesterday to the effect that J. P. Morgan * 2o. had sold In London something like 6,000,000 of Reading general mortgage 4 ; > cr cent bands were conflimed todiy , [ 'nnillnii Pm-HIn lInriiliiKN IiirrcaiH < > . MONTREAL , Feb 3 The Canadian Pa- : lflc railway earnings for Iho week ending January 31 , were $172,000 ; same perloj lasl rear , $333,000 ; Increase , $119,000. stri'itinu ; contr svu.vm. Johnson njralnsl English. Appeal from Douglns counly. Reversed Harris n , P J An offer and reception In e-vlde-nco of n certificate of purchase nt tax silo. If It have in endorsement of an assignment thereon , lees not Include and carry with It as ovl- lonco i.irilnst such assignment unless the iffor and reception tvero sulllclently broad to nnd did Include such cndoryomeiit , 2 Certain of the words cmp'osed In a ? t'puhitlon ' of the pirtles examined and unstrued and held not to bo an admission ir statement that the original purchafor nl tax bile was Iho assignor of the party ns- .prtlnu ownership of the certltlcato of pur- ihaso at tax snle by assignment Ihercof to ilm by such ipurrhaser and not an admission 5r stalement that such an assignment had ueen madp. Slorey against Humes. Error from Adams : ounty Affirmed Han Iron. C J. A reviewbv petition In error of the pro- : eodlnffi during the trial In the district vurt of nn equity cause cannot be obtained n this court tf no motion for a now trial , \as filed In the trial court : and In a ciso .o presented hrro the lecord i.vlll bo exnm- ned no further than to n ceinln | whether he pleadings t-tato u pause of action or do- 'enso and supuort the judgment or decree. The Iowa Loan and Trust company np-xlnsl V. fltlmp on , Anpeal from THiffato county. Affirmed Hnrrlson , C J. It i silo of ml oMtimUndor order of sale or execution Is nttieio/l on Ihe ground of a "fraudulent " nppralsi'mefit , no active fr.aud or atlrmptM to be shown except In the \nluexjjjacpd on- the prop erty ns c mpired with a. nine given In evi dence mldueed on the subject tp support the objection , the dlscretiancy must be so firc.at ns In and of Itstflf to raise a pre sumption of fraud In. making the appraise ment , 2. There IB no requirement of the law that tiotlcp be given the de-blpr of the making of nil appraisement Mnck ngilnst Parklrltsn Error from Doug las counly Alllrmed- Harrison , C J Objocthns to Instructions imi t be spe cifically nnd separately assigned In A mo tion for a new lrlil. _ _ 2 Instructions must bo Toad nnd construed together , nnd If so cofisliVred they stntp the liw npipilcablp to thcpa' ( nnd wllhout con- fu ! on end confllcl. p. single paragraph M not erroneous for the rt"ifcon that In nnd of itself it mny be Incomplete. t If there Is Interposed for defendant nt the close of the ovldrncp lit chief for the plnlntlft a motion that the court Im'ruct Ihe jmv lo return n. verdict for drfi ndanl nnd uch motion Is oXerruled , by the tniro- ductlon of evidence for defendant In sup- poi t of HIP defense , error In the overruling of the motion , if nuy. Is waived Northwestern Muttnt Life Insurance Com- piny agalnsl Mulvnhlll Appeal from Done- las county Alllrmed Harrison , C J Power Is conferred on thn dlstilct court In occtlon S. > 2 of the Code of Civil Procedure. to nuthorizo In a decree of foreclosure rf n mortgngo ngnlnsl re.il estate , some person to e.\ecutp the decree to Iho cxlcnt It ordeis a sale of the real property and Mich jwreon Is referred to In sections 451 , I."i2 and 453 of Ihe code us i master commlsMoner 2 Sections 431 , J"2 and -IVt of the. code sec- t'on * $2 and the actions In , relation to siles of real estate under levy of nn execution arc to be read and construed connectedly , nnd when this Is done pctvor lo conferred thcio- by on the person designated by Iho court In a decree of foreclosure of a rpnl estate mcrtjr.igo to make the iale , to conduct the same. In the manner prescribed In the code for making sales under levy of execution Including Hint ot administering the oath to the parties culled to mnko the appraisement ofthe properly. 3 There is no requlre-menl of statute that the person designated by the couit In lt decree ot foreclosure of a mortgigc on roil estate to make the. salebo sw in or take , subscribe and file nn oath. 1 Where nich person Is nctlnpr or his acted nnd the niT > pral ement or the sale Is attacked by motion to set n = 'de. U lhat an oith had been taken , or taken nnd sub- cTlhcil , wns an essential requirement , on he 11 IUFT It must bo presumed In the- absence ot a shelving to the conlrnrv that there had been a compll ince. with the require mint 5 Semblo. A d'strlct court shoull In the deetee by vvhlrh \uthorl7rs the person to make a "n'o ft real estate under moitRiRe foreclosure nlso require Unit uch poi on take , or take nnd subset Ibo , nn ovth and also give a bond for the true performance of the .assigned duty. Omaha Loan nnd Trust Company ngnln't liermrl , 70 N. W. , 1120 r The evidence Introduced on the point of objection to a < rilp of rpnl estate under decree of force'osurc of a mortKigp that the < valtip ll\pd In the ivriralsi ment was too low Hold , sulllu'ent to sn'tatn a finding of the dlslrlct court of a tenor contrary to that of the objection Aultmn , Miller & Co apninst lllshop Appeal from Hamilton county. Alllrme 1 "The doctrine' subrogation Is not adniln- Istoied by couits ot pqultv ni i legal light , but the prlnc'ple ' Is npp'lid tosubserve tbe ends of justice nnd to do equity In the particular It i'oe" ticular case under consideration. not icst on contiact and no general rule pan bo lilcl down which w'll afford a test In all ca es for Its npp'lc itlon. Whether the doctiine Is applicable to any particular carfe ' nnd cite mil- depends' upun the peculiir facts stances of such CUSP' ' South Om.ihii Na tional Hank against Wright T. Ncb. _ 21 nnd Rico against Winters , -13 Neb. , eli , fol- 2 The paitv to whom the debt of another has been pild. the payment of rshlch fur nishes the bash of the claim for subrep tion , Is a proper nnd ncccsssaty paity to the action for subrosutlbn. 3 OIIP Ulshop , enprased In business gave a 11101 tcas-p on his stoc1. : In trade. iud other pcrboml property to'DV. . & Co A. M & Co to whom Hlshop was Indcb'ed , % ery f-oon afterwaid begun an action against Him In 'svlilch It procured a writ of attachment to Issue and Its levy on the stock. In tiade and ncrsonn ! bclonBlngs of the traelesrn in. D W & Co pi Plica HUE Us 1'ght ' and title to the propel ly on the mortgage by Bishop lo It , commenced an action In a court or low n.w heroin It aMfged. the conversion of the property of A. 31. & Co The p'alntlft rpcovered a jiul mpnt for the va UP of the properly , such vnlup beln Hxed by ; the verdict. The judgment was pa'd by A II f. , Co One of the roiiJ 3 for attachment in the. suit In this Bt.ito was the a'lpgei ' fruilulent transfer crjllM'osal of the prop erty by Bishop , the rrortgnges to D. W. Ac Co furnishing the basis for "aid nllcjra- tlrn A motion was filed to disch irge the attachment , \\iich on hearing was over ruled. and subsequpnt lo the 1udmcnt ( ren- dPied agnlnbt It In Iowa , A M. & Co. prosecuted the suit and attachment In tils state to final Judgment. After payment of the Judgment icndeied by the Iowa court. A M Co. Instituted tils action In the same court in which it bad Its Judgment and order to sell the properly under al- laclunent. The object sought In this action was Its subrogation ii the rights of u W ft Co. under the mortq-iges under which tno last mentioned company had .inserted and been accorded ilphts In tne suit in Iowa Held , that the subrosiatlon was properly allowable as to the right to sub ject the picxpeity to the payment of the sum avhlch A M. Co. had paid to ex- tlnffiiKh the Iowa Jiidpsnent. but not lo rpcelvo a deficiency judirmenl against Blbaop or enforce payment by him per sonally ot any balance of such am-mnt remaining afler Ihe application of the pro ceeds of the property to the payment Harris against Barton. TCrror from Sa line county. Alllrmed. Norval , J. A bid of exception * v > lll not ba consid ered unless nuthenllcated by the dcri of Ihe Irlal courl. 2 Assignments of error which are un availing vvltiout .1 bill of exceptions , will IJP disregarded vvh-re such bill is not uu- thcntlcated according to the atatulo. Best against Xutavprn Appeal from John son county. Alllrmed Sul Ivan , J. A judgment for alimony In favor of a wlfo , tendered In nn action for divorce , H a lien on ttio family homestead , the tlllo vvhere-jf Is In Ihe husband , 2 Actual possession of land Is nollce lo Iho world of tne possessor's ownership or 3 In'nn pctlo'n to quiet title , a sheriff's deed made In pursuance of an execution sale , will not bo canceled merely because the purchaser was one of the appralbQis of the land for the purp s of sale , nelfer aclual fiaud being chanred nor offer made to reimburse sucU purchaser. I it Is ( .round for demurrer lhat an nc- llon Is barred by tie Htatulev of limitations only when It ainrmntlvely o appears on the face of the petition. Palmer against Missouri Pacific Railroad Company. Error from Adams county. Ro- ve'ispd and remanded. Sullivan .1. In an action for pernon il Injuries In flicted by a jxaaslnsi locomollve al a rall- w lydossing ; II Is error to Instruct the Juiy thai Ibe qucsllon of vv-ielher the bell was lung or Iho whlsllo Bounded Is Im material In case Ihpy find lhat ino in- lured pirly , by icfiHoa of her lender age , etuld not understand the meaning cf such elgnals , . . . , Bank of Blnden apalnst David. Appeal 'rom Webster county. Alllrmed , Sul- Iviin , J , A homestead , whose value after deduci ng Ineumbrcnces docs not exceed J2.0CO , is [ > x.empt from seizure and sale for the Balls- faction of Its owner'H culinary debts. J Land constituting a statutory homo- -toad when conveye-dt by a husband to his wife ( lien not become llfiblo for his then ixlslln ; ; debts by Bubsciiupntly losing Its lomestead character , evpn when Iho Uana- 'er wns voluntary. Staid Insuianco Company ngnliiHt JIunl. rror from Dakola counly. Ruversed , Bul- Uan , J , H is error -withdraw from the con sideration of the Jury any valid defense rthli.li Ihe evidence tuid.it to eslabllsh , Slate ex icd Medlund npalnst Scott. \Iandinius \ Write allow od Norvnl , J. Wnen forty days hr given to prep ire ind seivo a bill of 'Ott-eptlonn , the draft of the bill and proposed amendments are submitted lo Iho Irlal Judfp In time If pre- se-nled to him within nlxty day a after the Inal adjourninent of the term nl v/hlch Ihe leclslon was icndcrpd. 2 Tbe Ihlrd division of the syllabus In SeMelds nffalnat Horbac'i , 40 Neb. 101 , dls- ipproved. Heals against Western Union Telegraph Company Error from Boone county. Judjjmenl Norvul , J. A plaintiff has an absalulo right to dis miss his action nl any lima before Iho Inal submission of the cause , Hiibjeet nlano 0 compliance with conditions precedent , inch as the payment of costs , etc , , as may jo Imposed by Iho courl. THERE is A CLASS OF 'PEOPLE ' vVho are Injured by the use of coffee He- ? enly ! thcro has been placed In all irrocery itorua a new proparuUon culled ailAIN-U , made of pure Kr.ilna , that takes the < pljto at euffee The most delicate stomach rp- elves It without distress , and but few can e-ll It from crffeo It dues not test over 1 as mum . Children may drink II with- ; reat benefit , 15o and 23c per packase. Try t. Ask for CUA1N-O. MONEY ITlUliljl EAT UNRE morniii ! we open our doors upon one of the greatest price marked-down sales ever attempted. We've put the price down so low that the present stock won't be ours long. In some purchases half can be saved some more than half others nearly half but in all cases these will be never-forgotten clothing bargains. worth of merchandise at about 50c on * the dollar. Positively nothing reserved our entire stock is to be slaughtered in this o emergency sale for cash getting. all wool Cheviot and Cassimere Suite 83.85 $4.75 $5.00 and $6.75 worth double $15 suits for Never will you have such a $20 suits for $10. chance as this to buy goods $22 suits Jo r $1 ,50 at these prices we want your money hence regular selling price or original cost will be lost sight of in this sale. C ? * f\i \ * t1 ? * o * yv 50 , $7.50 , $12.50 Everything included some sold as high as $25.00 A complete surren der of every overcoat in the house at a price which will make money raising easy Nothing reserved all our high cost coats are included in this sale $5,00 , $6.50 , $7.50 , $9.50 and / and $12.50 for coats which have sold as high this season , / as $20.00 and $22.00. F Tlsters We have nothing but fine Ulsters left now is your chance to buy one at about 50c on the dollar. 2 knee pants Suits for boys 4 years to J5 junior ulsters and 3-piece suits a perfect avalanche of val ues in boys' suits of all grades Borrow the money and fix your boys up now with a suit for present use and buy a couple of the lighter weights they will need them before many weeks and you will never buy them again at any such price as you can at this sale Boys sidts , 95c Boys suits , $1,50 Boys suits , Boys suits , $250 Buys suits , $3.OO Boys suits , $3,50 Boys suits , $385 1-2 price opportunity. & JT sweep of over 1,000 boys' heavy and medium weight suits not the cheap uncl but all of the best clothes used in this season's make These are lonjj pants suits iizas 12 to 18 prices $3.85 $4.00 $4.65 and $6 50. Derbys for 95c , 1.25 and J.50 worth double. Soft hats $1,00 , 1.50 and 2.00. Underwear 25c , 38c _ 50c and 75c Shirts 250 , 45c. 750 and 950 fancy and white Suspenders 50 , i2c , and 25c Half Hose 50 , loc and 150. Neckwear ollars /fluffs / 10c 15c and 25c 5c , 8c and lOc ioc , 12 l-2c , ISc Every article in the house goes in this Unreserved Money Raising Sale for less money than ever before in Omaha's Clothing history. Saturday Morning at 8 O'clock , N. E. Cor. N. E. Cor , 15th and 15th and Douglas Sts. Douglas Sts.