Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 04, 1898, Page 5, Image 5

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Eow Oommisaion Men Are Held to Theii
Strict Observance.
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.
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.
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.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
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
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 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
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
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
Rook Island and AtchisDti Beads Cut the
Rate to Denver ,
Alloptf Thcjrc Kntlllt-il lo tlio Dif
ferential , lint tlic Ilnrlhifrlon find
li-rn Will Meet the
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
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
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 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 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. ,
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 Ihe evidence 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-
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.
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.
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
worth of merchandise at about 50c on
* the dollar. Positively nothing reserved
our entire stock is to be slaughtered in this
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
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.