TIIK OMAITA PAITiT IlEE: MONDAY, PECEMHETt 15. 1002.
MINING IN THE BLACK HILLS
Experimental Ornihin of Tin Ore from
Forest Citr, W joining.
PLAN TOR tXTENSIVE OPERATIONS
Syndicate ( nnlrnl. l ine Arrmtr mi!
Eiprrti to Or Able lo Proilnce
Tin on n I uric ".rale
Note nf thr Mines.
DEADWOOD. 8. D.. Dc 14 (Special.)
The fl t Bt mr loud of tin ore from Forrtt
City, Wyo., wni run through the crushers
at the Rosslfer mill In thin rlty the first
of the werk. The ore romi from the tin
mines of the Benr gob h rllnt rtr-t . part of
which Is Just across the line In Wyoming,
which have been bonded by a syndicate of
English and eastern capitalist. The In
tention of those Interested In the proposi
tion l to make an experimental run of
JOB tona of the ore In order to determine
itti value and the proper method of treat
ment, and should this experiment be silc
ceasful, tin mining on a large scale mill
be commenced at once. The ore Is being
hauled from the mines on Hear gulch to
Bpearfish, where It Is loaded on the ears
and brosght to Deadwood. The ore Is be
ing crushed t.nder contract by the lesseea
of ttaa Rosslter mill, and then delivered to
a aeries of Jigs and concentrators, located
In the basement, of the mill. The syndicate,
which Is represented In thla city by
Charles Walte and at the mines by Mosea
Lyon, a prominent mining man of the mils,
baa taken options on a large acreage of
land In the Bear gulch district, and should
thla experiment which Is now going on In
Deadwood prove to be the success which
they expect It to, a Inrge force of miners
Will be placed at work developing and
opening up the ground.
Ilnudrrd Tons a !.
The Pendwood-Standard company hR3
brought down another gold brick from Its
mill on Johnson gulch, the result of a fif
teen days' run of the plnnt. Ever since
the plnnt has been In operation, something
over seven mnnlhs, experiments have been
made In tho proper treatment of the ores,
with tho result that Ita production has not
been very regular, but this stage has
passed, as the Inst two cleanups of tho
mill would prove, and as good an extrac
tion la being taken from the orca as those
of mlnea in the district. The mines are
In good shape for winter work, and a good
upply of ore la bloched out In the under
ground worklnga to keep the mill well
upplled during the winter month. Ono
hundred tons a day la being run through
the mill, most of which Is taken from
open cuta during good weather, but when
It li too cold to work In the open thero
are underground workings from which the
upply can be had.
Colnmbla Elects Officers.
The annual meting of the Columbia Cold
Wining company waa held In this city last
Monday and the following officers elected:
Fresldcnt, L. II. Schneider; vice president,
M. Ellerman; treasurer, John Mundt; sec
retary, E. A. Rlcker. The company's prop
erty la situated In the Hornblende mining
district, near Rochford, and consists of
about 150 acres of mining ground, on aome
of the claims of which a great deal of de
velopment work has been done, and at the
meeting of the directors of the company
held here It was decided to continue thla
Work with an Increased force of men. At
the present time tho company la sinking a
double compartment Bhnft on the ground
and has It down forty feet. This ahaft
wll be sunk until the 300-foot level la
reached, when a station will be established
and drlfta started along the course of the
eln In both directions. This shaft, which
has been started a short distance away
frorn where the vein crops out on the
surface, Is expected to cut the ore body at
a depth of 100 feet. The company has re
cently completed n fine hoist at the shaft
nd aa soon as possible will Install an air
compressor plant and put in power drills.
A boarding house for the men, offices anfl
machine shops have recently been com
pleted at the mine and everything has
ben arranged with the view of continuing
the work, during tho winter months. The
main ore body on which the company Is
working Is a vertical about forty feet wide
and, It la said, the ore In some Instances
has assayed up Into the hundreds of dol
lars, but these have been exceptional cases.
as the ore will not average higher than $10
ton. It Is amenable t- the cyanlding
process and should the winter's develop-
ment work bring the results which are ex
pected It Is possible that a wet, crushing
cyanide plant will be erected on the ground
lo the spring. The company is said to be
strong one and will spend money to make
Its mine pay.
Omaha Company with lUoh Claims.
The Victoria Gold Mining company ucld
Its annual meeting In Deadwcod Wednes
day evening and elected the following offi
cers: President, Allan B. Smith of Omaha;
vice president. Henry Schonlck of Chl
Vgo; treasurer, A. J. Maimer of Dead wood;
secretary. W. M. Class of Omaha. The
company la composed for the greater part
cf Omaha men, and a part of the stock is
held In Chicago and Deadwood. The loca
tion of the compnny'a ground is tn the
Ragged Top district, and the ground on
which work Is now being done embraces
ome of the very best claims located In
that dUtrlct. At the meeting of the board
cf directors It was decided to enter upon
the work of development on a largo scale,
and to lease a treatment plant In whUh to
treat soma of the ore which la now being
taken from the workings, or to build one of
Its own as soon as the weather next spring
Will permit of outside operations.
Superintendent Mason of the Magnate
Mining company was In from Iron creek
last week and says that tho surveyors have
finished the work of surveying the com
pany's ground, and it will be patented Just
as soon as it is possible to do so. Work
la being prosecuted on three different ore
shoots on the property, an1 although It may
be said that work has Just begun on the
ground, all the thee workings have made
great headway. The miners are working
Just on the rim of the ore bodies In the
three tunnels, but still the ore that Is being
taken out Is of very good grade and prom
ises to develop Into something better. The
company owns a large area of mining
grcund on this section of Iron creek, which
adjoins the Ratrged Top district, and the
ore which exists In It is similar In all of
Its characteristics to the Iron creek ore.
There Is quite a colony of miners In the
district besides those employed by the Mag.
Bate people, and thla winter the settlement
will be a large one, as all of them are
prepared to stay throughout the cold
weather.
Golden Trts.sre'i Treasures.
W. E. Brocks of Omaha, president of the
Golden Treasure Mining company, his been
In the city for a week inspecting his com
pany's property and noting the progress ot
development. The Golden Treasure com
pany owns land on the phonollte belt near
Deadwood gulch, above Central City, In a
district where rich photicltfic ere U be
ing mined for shipment. On It ground a
mall venl al of ere has b'en partially
opened by a shaft forty feet In depth. At
tha outcrop this vein was only a fe Inches
wide, but at the present depth of the shaft
Jt nils the bottom or the workings. This
haft, which was started merely for the
jurjoss of exploration, was never Intended
fcr a permanent working so the manage
ment, -sbn It established the continuity of
thj vln, went sine distance down th" hill,
rile ar?d stalled a tunnel, which, from a
rnh surv.y, will tap the vein at a depth
cf about 2"0 feet. It will be necersary to
driv 'his tunnel In for a distance of 22"
feet bf frre the vein Is reached. This t tin -re'
Is tir.w :n about fifty feet and the ma
tr;i.l vthlch Is coming Into It at the pres
ent time Is highly mineralized, showing
proximity to an ore body. Should this be
the case. will mean a blind lead, the
existence of which has been unknown here
tofore. The company owns a good mill
site on Deadwood ereek, and should Its
developments open up good ore bodies It
will probably build a mill the coming
spring.
The old Esmeralda mill on Rlnrktall Is
being repaired preparatory to starting up
on ore from that mln". The property, whlh
Is owned by Emll Faust of Central City, haa
been Idle for some time, but recent work
In It haa opened up a good shoot of free
milling ore, which will pay well to mine
and treat. The mill will probably have
several cyanide tanks added to It for the
treatment of the tallinga, The Jupiter
company on the same gulch Is going ahead
with Its loo-ton cyanide plant, and hopes
to have It In operation before the first
month of next year haa passed. The com
pany owns some valuable ground on the
gulch, and It has a vast amount of ore ex
posed In the different workings, which will
go better than IS to the ton, and Is a
splendid cyanldlng proposition.
The Monteiuma Iron mine, situated
within the rlty limits of Deadwood and
owned by J. T. Ollmore and associates, Is
making dally shipments of sixty tons a day
to the fjoldcn Reward smelter. The ore, a
pyrltlc. carries gold values ranging from
f 140 to $2 a ton, and Is a most excellent
ore for fluxing purposes. Its shippers clear
ing about $2 a ton on It.
Illsh tirade ll vr r-I.ead Ore.
The Bare Butte district, especially that
part of It In th vicinity of Galena, Is
shipping considerable ore at the present
time, some of It high grade silver-lead ore,
but the most of It carrying gold values of
a good commercial grade. The Haver Is
uhlpplng about a car a week, the Crown
!
wii.., in.- I7UI11IMJ i,wi- lain, I hit ivm -
tlesnake three, the St. Anthony from two
lo four car leads, and, It Is Bald, the Ollt
Edge, the bonanza of Strawberry gulch,
will soon be shipping several car loads a
week, a switch from the B. & M. narrow
gauge system having been completed this
week to Its dump. The Vnlon Hill people
are doing work on several of their prop
erties In the district and, getting out a
good quality of shipping ore, but whether
they will send any of It to a treatment
plant Is unknown, as they are Just doing
the annual assessment work on several of
their unpatented claims. Thla company
owns a large acreage of valuable mining
ground In the Galena district, which poor
management has kept In a state of unpro
ductiveness for years, and recently has
leased some of Its ground, and Individual
miners are making profit from ore which
the company could not make pay when it
was testing It In plants of Its own. Tho
Oolden Crest will soon be milling ore In
Its own mill, and there are other mines tn
the district which, within a month or so,
will be adding to the gold product of the
Hills. Altogether, tho district Is In a
most prosperous condition, with a future
which is assured, and tho beauty of Its
prosperity is the fact that It Is not con
fined to one or two big companies, but Is
enjoyed by numerous Individual owners of
ground.
KEYSTONE, S. D.. Dec. 14 (Special.)
The Ivanhoe Gold Mining and Milling com
pany Is pushing development work on Its
property in the Chllkook camp. Recently
a rich shoot of ore hs been found, which
free mills $12 per ton and assays $19. The
ledge Is five feet wide and the shaft Is
down twelve feet, and' the ledge Is Improv
ing rapidly. The company expects to take
out a car load of this ore to ship In the
near future. The geological formation and
character of ore of the camp resembles
that of the Cripple Creek district.
I'nlnl Ihra. lhA 0.. w A Y. - TJ -
WOMEN TO BE DISAPPOINTED
Referendum I. aw In South Dakotl
Not Applicable to SafTragre '
tnestlon.
TIERRE. S. D.. Dec. 14. (Special.) The
women of the state who are building their
hopes on securing submission of the equal
suffrage question to the people through
the initiative, for which purpose they are
circulating petitions all over the state, are
dMmri1 ,0 blttpr "appointment. They are
'v"i,niiy working under tne mistaken Im-
prensiuii inm mr nui.iai.ive una reierenaura
applies to constitutional amendments, as
well as to legislation, nd in this they
are making their mistake. The only way
they can secure suffrage Is through tho
amendment of article vll of the constitution.
The initiative amendment to the constitu
tion amended only section 1 of article III,
which relates to legislation, while article
xxlll of the constitution, which provides a
means of amendment of its provisions Is
In no way changed. The error Is probably
based on the language of the Initiative
amendment, which provides that the "peo
ple reserve to themselves the right to pro
pose measures." and was taken up with
out considering that different provisions of
the constitution provide for legislation and
constitutional amendments, and that only
one of these was affected by tha Initiative.
RETURNS HOME TO BE HANGED
Italian Resident of Wyoming Paya
renalty tor Mnrdr In His
Native Land.
NEWCASTLE. Wyo.. Dec. 14 Carlo
Tonolgo, an Italian, who sold out his ranch J malned In that condition up to and Indud
near here about a year ago and returned i in the time of his final settlement, he will
to his native land, was banged there two
months ago for the murder of his wife.
When Tonolgo camo to America fifteen
years ago it was agreed that his wife
was to follrw when Tonolgo had provided
a comfortable home" for her. Tonolgo did
well In the stock business, and about six
years ago he sent for his wife, sending her
sufficient money to make the Journey. She
replied that ahe could not come Just then,
and from year to year she put off coming,
hutching up first one excuse and then an
other, until finally she said she would not
leave Ber mother. Tonolgo finally assented
and sent his wife sufficient money for both
women to come on. But Mrs. Tonolgo did
cot come, and finally, suspecting some
thing wrong in the old country, he sold
out and returned to his native land. Ar
riving there, he found his wife living with
another man. They had fixed themselves
quite comfortably with the money sent
from time to time by Tonolgo. and he be
came so enraged that he killed his wlfo
on sight.
fhnreh Federation Meetlnax.
HCRON. 8. D.. Dec. 14 (Special) A
meeting of the International Church Fed
eration was held here yesterday. Rev. W.
H. Thrall Is president and Rev. E. H.
Grant secretary. Topics considered were
legislation, evangelism, co-operation, etc.
Another meeting will be held here on Jan
uary 21, mads up cf Ore delegates from
each evangelical denomination.
Wi
Elrctrlo Bitters Invigtirata the fsmals
system and cures nervousness, headache,
backache and constipation, or no pay. 59i
For sal by Kuha 4k C.
SUPREME COURT SYLLABI.
Riley Proa. Company against Mella.
Appcel, Dn.iglus. Affirmed. Itnrnes. t '..
ib pn ri mrnt 2. I 'rrrepnrtcd.
I. I he penciling nt an appeal to this
conn from a decree nf the dt-trict court In
a suit nf e.iiityj luK.tn.r with the lnltig
and approval of a supersedeas bond. oper-at-s
to penil sitih dc-rcc. nn-l the case Is
thi repiinn n 1 i r r here for nl O novo.
1. Hy the perfecting of such appeal the
parties are placed In the same at' nation
aril their rights are the same as lin y are
at the lime of the commencement of the
action.
S. In a silt In equity brought here on ap
peal this court has full power to rctuler
such a decree as It shall find the district
court ought to have rendered. 1 pun it
settlement of the matters In rontnversy
by the parties to such action with the con
sent of the court, r.iih decree may be
rerderd ns they may suree upon.
4 One cannot maintain an action hosed
solely on a decree of the district court In
a suit In enulty, to which he was not a
party, and which decree had been super
seded by an appeal to the supreme court
at the time his action whs commenced,
where such decree wns rut affirmed, but
was reversed and the stilt In which It was
rendered whs dismissed Tor want of enulty.
12190. Nares against Hell, Error from
Hoone. Keversed, with Instructions. Duf
fle, c. Division No. 3.
A mortgage on real estate continues aa a
Hen thereon for ten years onlv from the
maturity of the debt secured. If the debt
secured In payable In installments the mort
gage cannot be intnreed aa a security for
any Installment due anil payable ten years
or more pri r to the commencement of the
action to foreclose.
12199. HaslHt k against Wolf. Error Ixom
I'latte. Keversed and remanded, round.
C. Division No. 2. Oldham. C. concurring
specially
.tu iiv
A promissory note la not rendered non
negntlsble by an agreement to pay the sum
named "with exchange ' on a point other
than that at which It l payable.
12221. Trompeti itgalnst Yates. Error
from Lancaster. Affirmed. Hastings, C
Division No. 1.
1 Mortgagees holding mortgages of
various pilorhy on the Hume goods, who are
JolnUy In possession of them, may join in
an action avalnet the sheriff fi r ileum ina
th m of p.iHHi'.-s on mi i e inverting ihe gio.is
in nis n life.
2. The tact that another mortgage ex
ecuted at the sime time nml ns part of the
same transaction was without considera
tion will not Impeach 'he other mortgages
where the parties net In good faith and
supposing the tlrst mortgage valid.
3. Krror In retiming Instructions must be
specifically pointed out.
4. iNot error to Instruct a jury In a proper
rase as to the right to prefer creditors, nor
,,s 1 error to tell the jury that oei Mental
Inel 11 yloti of ton litrffti ft n umonnt In ..ii'iirfni.
- "
preterred creditor is not fraud.
ft. Not error to tell Jury that the same
rules of law apply to an Intervenor a to
the original defendant, and that no Judg
ment la asked as to the Intervenor.
ll!-?!4. I'nlon lJacltlc Railroad Company
against Howard County. Appeal irom
Howard. Affirmed. Albert, c. Division
No. J.
1. The word townships, as used In section
12, chapter xilv, Compiled Statutes, held to
have been Intended by the legislature to
designate the precincts Into which a county
not under township organization Is divided
tor administrative purposes.
2. It Is not a valid objection to a tax
levied against the taxable property of such
precinct for local Improvements that sucli
Improvements are for the use of the public
at large.
3. A tax, In excesa of the limit allowed
by law, la void only aa to such excees.
12M!. Van Duzer aguinst Melllnger. Error
from Kearney Affirmed. Holcomb, J.
1. An act entitled "An act to amend sec
tion , chapter - '"omplled Statutes of
Nebraska," Justifies any legislation by way
of amendment to the original section which
Is germane to the subject matter contained I
on the aectlon amended.
2. Section lo, cnapter xxxii, Compiled
Statutes tor ltwi, entitled "Kraude,," prior
to Its amendment in ixsi provided for the
filing and Indexing of mortgages of chattel
property and for the release of such mort
gages when the conditions thereof had
been performed. Held, that Hie amend
ment ot the section tn lsxj, by providing
tor the recovery of a stated bum as liqui
dated damage, by the mortgagor for fail
ure and refusal nf the mortgagee to re
lease such mortgage after the conditions of
the mortgage had oeen performed and after
demand iheretor waa embraced within the
? roper scope of the legislation enacted by
he original section, and was germane to
the subject matter therein contained, and
that auch amendatory act does not con
travene section 11, article 111, of the consti
tution, which declares, "No bill ehall con
tain more than one subject and tne same
shall be clearly expressed In Its title."
12249. Moss against Falrbury. Appeal
from Jefferson. Reversed, with Instruc
tions. Albert. C. Division No. 3.
1. The provisions of section 20, article I,
chapter xlv, Compiled Statutes, In regard
to the making of an estimate of the cost of
a proposed Improvement, have reference to
contracts for laying side walks in pursuance
of the provisions of section 69 of the same
article.
2. The provisions In regard to such esti
mates are Jurisdictional and the cost of a
sidewalk, laid without a compliance there
with, cannot be made the busts of the levy
of a special assessment against the adja
cent property.
12277. McEntee against Bonacum. Appeal
from Lancaster. Keversed, with instruc
tions. Ames, C. Division No. 3.
1. Ordinarily the right to the custody and
to decide upon tne final place of burial of
the body of a deceased unmarried person
reeldes in his next of kin, and this right
the court will not lightly disregurd. or treat
as having been waived or relinquished, ex
cept upon clear and satisfactory evidence of
i conduct indicative of a free and voluntary
Intent and purpose to that end.
2. Evidence examined and held not to be
sufficient to bring the case within the above
mentioned exception.
s. territorial areas, oescrinea in tne
nomenclature of the Roman Catholic ;
church as parishes, are not recognised by
the law or corporate or political entities,
and It they were such the church could not
legislate concerning them.
1237. Phoenix Insurance Company against
Zlotky. Krror from Dodge. Affirmed. Old
ham, C. Division No. 2.
"A provlnlon in a policy that no suit or
action against the Insurer 'Khali be sus
tained In any court of law or chancery
until after an award shall have been ob-
talned' by arbitration, 'fixing the amount' !
due after, lose, is void, the effect of such .
provision being to oust the courts of their!
legitimate Jurisdiction." Oerman-American
inn. v u. nKaiimi r.iuri iuii, u ac-u., oi, iui
lowed and approved.
12324. Howell against Anderson. Error!
rrom Saunders. Affirmed. Barnes, C. 1
Dlvlslon No. 2. t
1. Where one Is Indebted to a person whol
uirs mii-Biuie nu.i mir-inniu irt-i:iuiiirr wo- vant matters Uon wmcn counsel lor ae
mlnintrator of his debtor's estate, It he be! f(ndant based an appeal for acquittal does
solvent and able to pay the debt at the ot COnFtitute misconduct within the mean
time of his appointment, or any time dur-. . t s,M tlon 49t of the Criminal Code.
Ing the administration of his office, and be-! 4 on the hearing of the motion for a
fore his final settlement and discharge, hei PVl. 1riH In a rimlnal case thc decision of
will be required to pay Over to the estate: tht. trlal Judge upon an Issue of fact will
In cash the amount of his antecedent di-hi.i bl, permitted to stand If the evidence upon
2. If the administrator seeks to be dls-1 whlch It rests Is fairly conflicting,
charged from his official liability for such Evidence examined and found suffl
antrcedent debt on account of his Insol- cil.,a lo sustain the verdict
vency and total Inability to pay the samel rhelps Count v Farmers' M"tual
the burden Is upon him to establish that insurance Company against Johnson. Error
fact. ... ... from l'h. Ifib county. Keversed. Oldham,
3. Where It Is ehown that an admlnls- ( division No 2
trator, at the time of his appointment, was j Tne ruie 0f the "law of the case" does
honelesslv Insolvent, was so during all of1-.,; o..r,it- tn n.i.iiAi, nf fact determined
. V. - . , . 1. 1 .. nJw.l..l.,vn,l..n
IIIC luilf ui nil. ni iDiiaii,'ii uiiu l r i
he permitted to turn over the evidence of, )ptlmony reviewed at the different hear
hls, uncollectable debt to his successor, or,jnK
other proper authority, .)nd will t.e dis-j - 'where all the property covered by a
charged from his official liability therefor, poiley of a mutual fire Insurance company
12349. Welch against T ippery. Appeal I B rflt destroyed the receipt of a subee
from Burt. Affirmed. Pound, C. Division uent assessment by the company from a
No. 2. .... . member who has sustained a loss while
L In equity cases the district court may ..nliry was surrendered for default In
In its discretion submit to a Jury any qucb- the ,,uvment of assessments will not op
tion of lact Involved. I erute as a waiver of such default. Karm-
2. As the finding of the Jury In such erB-. c. Co. against Klnnev, Nebraska ,
cases are advisory only If the court having I M w Rep, 9"ii followed,
heard the teatlniony afterward adopts themj j' 'where the secretary of a mutual fire
as Its findings, and there Is sufficient com-1 insurance company is authorised to make
lietent evidence to sustain them, errors lit ' .u.,n,.ni, tr ib i.avmer.l of losses sna
the admlulon of evidence are without
prejualce.
3. An agreement duly carried out that the
county shall expend a stipulated sum in
improving a road at the claimant s request
and for his benefit In lieu of damages, con
stitutes due comiensatlon for land taken
In laying out the road.
4. Where the record shows that the claim
for damages was rejected and at tne eame
time the sum claimed as damages was ap
propriated In improving the road, parol
evidence is admb:hle to prove an agree
ment to It-lease the claim in consideration
of the appropriation and improvements.
1231s. Styfer against Otoe Countj Error
rrom Otoe. Affirmed. Barnes, C. Division
No. 2.
1. In a case wnere mere is some com
ntent evidence tenilinu to establish everv
fact in issue tne verdict will not tie set
aside on the ground that It Is not sustained;
by tr evidence, unless such verdict Is
clearly wrong.
2. In constructing and maintaining a
bridge Tor public use a munlel: ullty 1 not
limited In Its duty by the ordinary business
use of the structure, but Is required to pro
vide for what may tie fairly anticipated for
the proper accommodation ot the public at
large, In the various occupations which
from time to time may be pursued In the
locality where It Is situated.
3 In an action against a county by the
administrator of the etate of a deceased
person lo recover damages alleged to have
been causeo. ny me nreHKin ui'n hi
DrVl ge wnue ine nnTurn ni lemptuiK i
to cross It with a steam traction engine and
separator, It Is for the Jury to determine
whether or not the bridge was properly I
constructed and maintained, and whether!
the us which ths deceased waa matting of
It was unusual and extraordinary, anil such
ns the county was not bound to anticipate.
4 ordinarily It Is error for the court to
Iti'truet the jury that a circumstance, or a
group nf clrcumstanci s, as to which there
h is been evidence on the trial, amounts to
negligence per ee; but where sin h fact or
group of facts. If established, amount In
law to negligence, the court, having left
ibe question as to the existence of such
facts to the jury, msv state their legal ef
fect. 5. The declarations of a deceased person
made to a third partv as to bl knowledge
of the condition of r bridge which gave Wiiv
while he was attempting to ernes It and
caused bis death, before the sccMent oc
curred, may he properly received In evi
dence as te'ndlng to establish contributory
neglluence.
1 ?;!. Sheldon against Tarker. Appe'.l
from tinge. Judgment. Duffle, C. Division
No. 3.
1. Where a person has been declared a
bankrupt under the net of congress ap
provid July 1, I?, the trustee appointed In
that proceeding may maintain an action to
set alde a onnvevnnoe made by the hank
nipt at any time within two yeans after the
estate has been closed, provided the act
was not barred bv the laws of this state at
the time the petition In bankruptcy was
hied.
2. The bankrupt act vests the assignee
with title to all property conveyed by the
bankrupt In fraud of creditors, nnd he may
proceed to recover the Interest of the bank
rupt In the prnpertv whether any creditor
was In poeltlon to attack the transfer or
not.
3. Where prnpertv has been conveyed to
the wife In fraud of the husband s credi
tors. It can be pursued and subjected to
the payment of bis debts; but the pursuit
of the propertv cannot be abandoned: nnd a
judgment In persnnsm for Its value taken
Hguicst the wife.
4. Evidence examined and held to sup
port a finding by the district court that
certain conveance were fraudulent as to
creditors
5. A trustee In bankruptcy must tn cer
tain cases resort to the courts of the state
to recover property of the bankrupt fraud
ulently conveved. In such cases he Is en
titled to all remedies and all relief that
would be afforded any other party litigant
ut'der the same facts.
1231. Jonee against Wattles. Error from
Douglas. Affirmed. I.oblngler, C. Division
0.
1 Instructions must be based noon and
applicable to the evidence nnd must not be
such as to authorize the Jury to draw an
unwarranted Inference therefrom.
2. Acceptance of an offer to sell efferts a
contract between proposer and acceptor.
The fact that a receipt for part of the pur
chase price Is afterward given to the lat
ter agent, or that euch i-c-.-tpt Is signed
bv the former's agent. Is not sufficient to
constitute such agents the contracting par
ti
a The nnvment of nart of the purchase
price to nn agent expressly authorized to
make a sale Is a sufficient compliance with
the statute of fraud, especially In the ab
sence of any showing that the seller was
prejudiced by payment to the agent, Instead
of to himself.
4. Written authority to an agent tn ef
fect a sale of corporate stock Is sufficient
in authorise him to subscribe the memo
randum reniilrcd bv the statute of frauds.
6. A Judgment will not be reversed merely
for the admission of a single Item of In
competent evidence If It Is followed imme
diately by competent evidence on the same
point corroborating the former, especially
where It Is apparent that the Jury could not
have been misled thereby.
Where a breach of contract Is estab
lished the Injured party Is entitled, at least,
to nominal damages, but his adversary
cannot complain of an Instruction which
authorizes the Jury to find In his favor If It
la found that the breach has resulted in no
damage. ......
123N7. Nebraska Mutual Hall Insurance
Company against Meyers. Error from Daw
sou. Affirmed. Amee, C. Division No. 3.
When an action Is rightly brought In any
court. In any county tn this state, a sum
mons therein mav be Issued to, and served
in, anv other county, although there be but
a single defendant to the suit.
12.-.X4. Russell azalnst State. Error from
Dawes. Affirmed. Sullivan, C. J.
1. Vpnn the trial of an Information charg
ing an offense consisting of different de
grees the jury may acoult the defendant of
the dogn.e charged and convict him of any
of the Inferior degrees.
2. Hy section 4i of the Criminal Code the
Jtirv Is required. In trials for murder, to de
clare In Its verdict whether the accused, If
It find him Bullty, Is guilty of murder In the
first or second degree or manslaughter.
8. The fact that the Jury on the trial of an
Information charging murder In the first
degree, capriciously, or without sufficient
cause reject the evidence showing delibera
tion and premeditation, Is no reason why
Its finding of an intentional and malicious
killing should be set aside.
4. A non-expert ' witness may give tils
opinion In regard t matter which men In
general are capable of comprehending when
from the nature of the case It Is impossible
for him to lay before the Jury all the perti
nent facts so as to enable It to see the
thing he Is describing Just as he saw It.
5. It Is not reversible error to permit a
witness to testify In regard to the means
which he employed to Identify property
which he had been Instructed to seize for
the purpose of being used as evidence In a
criminal care.
6. Anv evidence tending to sustain an
hypothesis which Implies guilt Is relevant
to the Issue in a criminal case and cannot
be excluded on the ground that it Im
peaches defendant's general character.
7. Evidence showing that a pair of old
shoes, worn by defendant at the time he
was arrested, was taken from the Jail in his
absence and without his consent does not
establish a violation of hln constitutional
r'ght to be secure against unreasonable
searches and seizures.
8. There is no rule of law that llmlta coun
sel In debate to mere articulation. He may
use any aprroprlnte vehicle of thought to
carrv his conceptions of truth to the Jury.
mv. .. ...1.. nMflllna Ktti In ,-lrtl anrl
... 1 lie lli'i'riil iivii. ....... .,. ......
criminal case, Is to send the Jury room
nil Instruments, articles and documents, ex-
rf.,nnalli,n. H I ' Vl t n ..A hn rPAll'Ult
)r, 1 evidence , and which will In the opinion
or the trial Judge aid the Jury In Its de
liberations.
ID. The ancient practice or keeping the
Jury out while deliberating without food,
drink, tire, light or opportunity for sleep
was never In vogue In this state. The rule
Is that a verdict cannot stand which t the
result of anv species of coercion.
11 The lencth of time a Jury shall be
kept together In consultation is a matter
ovet which the trial court has a large dls-
rrotonary power, but the verdict must in
everv cnse represent Intellectual conviction
V mpPp ur, of nhvslcal endurance.
r Thc fact that a irv has been kept
together an unuauallv long time without
" i.t- - - I... Ia. L.Art n-lll nn,
,.i,i., ,h v.r.iiei if It Is shown that the
aBrP,.ment was deliberate and voluntary
nd not aw to fatigue or exhaustion.
1; Tn discussion liv the Jury of Irrele-
.10 'Veil' J . ' . , , , . , . . .
by this court between the same litigants
In the same cause of action when there Is
wtafiul m.a .nliutanttnl rhiuiep In tbA
tBined by such company, the fact that be
i clna to his counsel the board of directors
and acts on their advice in making the
aBseesment before doing ao will not In
validate his set.
4. Where the bylaws of a mutual fire
Insurance company provide for the pay
ment of assessments by the members not
less than twenty days nor more than forty
days after the receipt of notice, and a
notice lc received containing the amount
of the loss, the amount of the assessment
and requesting the member to pay "at his
earliefl convenience.'- sui-h notlc at most
would vxterd the time of payment to but
forty days from the receipt thereof and is
not so defective on account of this in
formality tu to Invalidate the assessment.
l:iM. State ex re. Cohn against Jrsscn.
Mandamus. Writ denied. Holcomb. J
j Where affidavits In support of and
nKainft the issuance of a temporary order
ot injunction are noi preserved In a bill
of exceptions th:s court will presume that
they were sufficient to support tne allege
tioiia of the petition and warrant the issu
ance of the order.
2. Where, In a controversy over a title
to real estate, tieiih parties being before
the district court asking tht title be
uuleted In each of them respectively, and
a hearing is bail on an application for a
temporary injunction, and on conflicting
evldencs an or-ler is issued restraining otic
prtrty from Interfering with the possession
of the other, it cannot be elil on an ap-
! plication for a rit iHmus that the order
was unauthorised and In erfect dispossessed
the party aga'nst whom the injunction
runs of prorty he was in possession of
and for that reason is void,
t. The writ of mandamus will not Us us
merely to correct errors; It must further
appear that the remedy pried for by th
application for the writ can be obtained
bv that means only and aa a last resort,
and that the relator has no nderpiate rem
edy In the due and -ordinary course of the
a w.
4. The writ will not ordinarily Issue when
Its effect would be to reveree or vacate
an order of a court or trltuinal having
Jurisdiction to make the timer, and es
pecially when such order Is one that may
be reviewed on error or by appeal.
The inlawing opinions will not be of
ficially reported:
No. UMit. Bowman against Wright. Krrrir
from Douglas county. Former Judgment
adhered to. Barnes, C, division No. 2.
I'nreported.
1 Where a cause Is fried to the court
without the intervention of a Jury the ..n
ersl rule is that error cannot lie predicated
upon the rulings of the court by which
testlmonv is received, heeauie It Is pre
sumed thtt the com considered only
iro;ier evidence.
2. This rule always obtains where the
record contains competent evidence upon,
every question necessary to sustain the
flt dliigs and Judgment.
3. Record examined nnd held, that there
waa no material variance between the
pleading and proof, and that the evidence
was si ttlclent to sustain the findings and
Judgment of the court.
No. lliwt. Heer against Dalton. Error
from Lincoln county. Affirmed. Klrkpat
rlck, C, division No. 1. I'nreported.
1. The possession of land under an execu
tory contract of purchase Is not adverse to
the vendor until the purchase price is
paid or until the vendee Is entitled to a
deed of conveyance from his vendor under
the terms of the contract.
2. One who claims title to land by ad
verse possession must show that bis occu
pancy has for a period of ten years been
open, notorious, exclusive and adverse and
under claim and color of title as against
the true owner and the world.
3. Where the verdict returned I the only
one which under the pleadings and proof
coild have been allowed to stand errors In
the giving of instructions are without
prejudice.
4. Evidence examined and found to sus
tain the finding and Judgment of the trial
court. ...
No. 121fifi. Cltv of South Omaha against
Meyers. Krror "from Douglas county. Af
firmed. Klrkpatrlck, C, division No. 1.
I'nreported. .
1. A Judgment will not be reversed for
errors which could not possibly have
prejudiced the rights or the party com
plaining. 2. Certain testimony admitted over ob
jections examined and befd. not to have
prejudiced the party complaining.
8. Where the trial court undertakes to
Instruct the Jtirv ig to the issues Involved
In a cause on trial bctire them he should
state the Iss.iea fullv, accurately and fairly,
but where such Instruction Is Incomplete,
vague or uncertain, counsel should tender
an Inptructlon free from the defect urged
and obtain a ruling thereon, In order to lay
the busts for complaint upon review;
otherwise the error, if any, will be deemed
to have been waived.
4. Instructions should be read and con
strued together, and If, upon the whole.
thev fairly anil correctly state tne ibw ap
plicable to the Issues Joined, they will be
upheld. , ...
5. The verdict of a Jury is uniformly held
conclusive upon a disputed question of fact
properly submitted, if it Is sustained by
sufficient competent testimony.
B. l'lalntlff, while attempting to go from,
tho paved portion of the street to the side
walk was Injured by reason of the de
fective condition of an Intervening meter
box. The place or the Injury was In front
of a hotel In a much traveled portion of the
city. The adjacent sidewalk was defective,
by reason of which travel had been de
flected, causing pedestrians to walk near
the meter box. Held, that the trial court's
refusal to instruct the Jury that plaintiff
was required to exercise a higher degree of
care in passing from the paved street to
the sidewalk than would be required upon
either the street or sidewalk was not en-or.
121SX. Estate of Anna Waters ngnlnst
Bagley. Error from Knox county. Re
versed Inet. Duffle, C, division No. 3. Un
reported ....
A covenant In a deed of conveyance .hat
they are free from all encumbrances' does
not run with the land so as to Invest a
remot grantee thereof with a right of action
against the covenantor.
12207. Omaha I.. T. Co. against I.uellen.
Appeal from Douglas county. Affirmed.
Klrkpatrlck, C, division No. 1. l-nre-
PrtedDleading8 examined and held that
the burden of proof was on defendants.
2 Evidence examined and held to sustain
the findings and Judgment of the trial
court. .
12211. Malone against Carver. Error from
Madison county. Affirmed. Barnes, C,
division No. 2. I'nreported.
1 Where all of the evidence offered by
both parties on tho trial of an Issue of
fact is received by the court, without ob
jection, and such evidence is conflicting,
the finding of the court based thereon, un
less clearly wrong, will he sustained.
2 In euch a case no legal question can
arise on the admissibility or evidence
3. A Judgment in a rormer suit will not
be a bar to the prosecution of an action
unless the questions involved were within
the Issues litigated In such former suit.
Battle Creek Valley Bank against Collins,
90 N W. Rep., 920.
4 Record examined and found that the
court excluded from Its Judgment a note
claimed to have been barred by the statute
of limitations. Held that tne Judgment
was for too large an amount
V'212. National Exchange Bank against
Wiley. Error from Douglas county. Af
firmed. Albert, C. division No. 3. Unre-
PlteEvldenoe examined and held sufficient
to sustain the verdict. ....
2 In an action on a foreign Judgment,
rendered in proceedings In which nere
was no service of process on the defend
ant and no waiver of such service, the
nf rillill'i - ..... - - .
. fense, that the attorney who entereo an
defendant may snow, as h couipiir u
appearance for him Is such proceedings
had no authority to in
g In an action on a torelpn Judgment,
taken under a warrant of attorney author
ising any attorney-at-law to appear In any
court of record and confess Judgment
agnlnst the makers of a 'pr'l,n1 ""'".vi
faVor of the holder thereof, he J (1 1 that
such warrant was not a general authority
to appear and confess Judgment In any
action Instituted on the note, but was lim
ited to the confesrlon of a Judgment In
favor or the holder; 2i that the defendant
was not estopped by the Judgment to deny
that the plaintiff was the holder of the
note when such Judgment was confessed.
rf.-mer.t confessed in favor of
' -ho Vt the time wa not the holder
; 0f the note, was void for want of junsuic-
I iWt HpIcV against Zoller. Appeal from
' pnTigl'as. Cimham, C, division No. 2. 1 n-
i reported. . . .
! Objections to a confirmation of sale in a
foreclosure proceedings examined nnd held
frivolous and without merit.
t. I.mnts nrsia sail Proxtslons.
ST IoriS, Dec. 13 -W'IIEAT-Flrm; No.
2 red cash, elevator nominal; track. 73'rf
73Vte;' December, 71'c; May, 76,c; No. 2
hard, I720.
CORN Dower: No. J cash, 47'c; track,
47Vc December, 4-c: May. 4i"iT4"14e.
OATS Weak ; No. 2 cas4i. 34c bid;
track, 3S'c; December. S4c. nominal; May,
S"Vn32V; No. 2 white, 3tV(( 3rtV.
BYE Firm at 4Wt-t9'c.
FIOCR Dull, steady; red winter pat
ents 3 sots 3 50; extra fancy and straight,
$3 03 30; clear. 2.954i3.06.
prj.-n rimoinv , sienov bv i: yiria.ni,
CORNMEAI Steady at 3 ' 3.
BRAN Strong; sacked, east track, TOq
72c.
HAY Strong; timothy. 312.cXVfH5.50; prai
rie, 311 50?ul2 .So.
IRON COTTON TIES 11.07.
BAKHNO-6 5-16-57 l-lc.
HEMP TW INE 9c. '
PROVISIONS Pork, unchanged; Jobbing,
standard mess. llSOu. I.ard. unchanged at
jio 35. Dry salt meats (boxed), quiet; extra
shorts, 39 121, clear ribs. 39; short clears,
3m 50. Bacon (boxed), sternly: extra shorts,
$10 50; cleat ribs. $lo.50; short clear, $11.
M ETAIS Dead, steady at $4.(). Spelter,
dull at $4 tie.
POl'IrRY Turkeys. higher; rhlcketis,
8c; springs, sftSVsc; tjrkoya, nijfiltc; ducks,
12c; ge, se. Inc.
Bt'TTER Steady; creamery, 2H(fi30c;
dairv, 1s.rr23c.
EJ"!S Steady at 22c, loss off
Receipts. Shipments.
Flour, bbls ."" U.f
Wheat, bu ') .Ufl
Corn, bu "i - s"-e(i
Oats, bu 22,0"0 19,0-
Philadelphia Produce Market.
PHILADELPHIA. Dec. 13. Rl'TTER
Firm, good demand; extra wcMern en-am-erv.
31c; extra nearby prints 33,-.
EGOS Steady, but quiet; rresh nearbv,
Jse, loss off: fresh western, 29c, loss off;
fresh southwestern. 26'ti27c, loss off; fres'i
southern, 2f-. loss off.
CHEESE I'lichana-ed; New York full
creams, prime small, 13V'13'4c; fair tn
good small, 13'ii14c: prime large, 13',c; fair
to good large, 13&7l3"4c.
Mlln-aakee fir In Market.
MII.WAI'KEE. Dec 13 WHEAT Mar
ket steadv: No. 2 northern 77'-jc; Nu. 2
northern. 764c; May. 77v'(i774e.
R Y E Firm : Nn 1. 52:2c.
BARLEY Dull; stSTidard, 64c; samp'c,
361 54c.
CoRX May, 4S'c.
Peorln Market.
PEORIA, Dec IS. CORN Dower; new,
No. 3. 44c
OATS-Pteady; No. 1 white, 82Hc.
OMAHA LIVE STOCK MARKET
All Kinds af Cattle Coisiderabl Lower
Than Week Ago.
HOGS AT LOWEST POINT SINCE MARCH
Active fletnand tor Fat Sheep and
l.nmha nnd Desirable Grades Ad
vance Jnat Anont a quarter
I'eedera steady for Week.
80UTU OMAHA, Dec IS.
Herelpts were: Call!?. Hoas. Sheep.
Official Mimilav (.!'' 7.770 13.AM
Official Tuesday &.2:9 8 7iU lb.
Official Wednesday .3SJ .9U
Official Thursday fc.114 !. .""!
Official Krldsv 3.19 4.2f
Official Saturday 2tW 7.20 i-eK)
Total this week 27.2M WU1" 46.0W
Same davs last week 21,i 64.4.18 4fi.M
Same week before 1N.WM 3.4 41,1.?
Same three weeks ago. . .2A.I;W 4,1 r.46
Pame four weeks ago....34.42t 34,2nA bMl
Same dua last year 17.1W 67.294 14.U3
RECEIPTS FOR THE YEAR TO DATE.
The following table shows the receipts of
cattle, hogs and sheep at South Omaha, tor
the year to date, and comparisons w ith last
year: lstuj. lnoi. lnc Dec.
Cattlii rj.2W iss.btt 1H4.13J
Hogs 2,i:iJ.T4n 2.2M2.4I3 14.6?S
Kbeep 1,S.4!1 1, 291, toil Jii.WO
The following, table shows the average
price of hogs sold on the Houth Omaha
market the last several days, with com
parisons with former ears:
1902. ;i9tll.laO.18.lR!.illT.189.
15 I
6
5
" I
V
I 081 t R2I I 44
27
3 30
3 24
3 21
3 18
3 :4
3 25
3 33
I 38
3 13
6 78
6 is
6 n
I 77 I i,
4 87
Ml
8 781 I
3 78 I 30;
3 ftSl 3 191
4 71; 3 211
I 74 I 2&
3 761 1 Ui,
4 V
4 il(
4 74,
4 8
4 tUI
1
4 84
4 Ki
t 771
4 4
4 Ml
4 7SJ
;J
4 S2,
4 77,
4 M,
3 231
f SI
5 If.
001
3 2
( on
e ov
i
3 Si3
5 95!
6 Hs
6 02
3 3 09
3 19, 3 16
3 21 1
ISO
3 2&1
3 23! 3 00
S 17 S 19
3 13j t 21
3 13 3 21
3 15: 3 17
8 20
3 20
13T
::',
6 24S
6
e 07 s
6 OfiTti
12
6 t
5 WS,
I 3 2
3 Ml
3 801 3 3'
8 tfi
0
8 04,
.'nl
6 13
8 14,
6 1li
8 21
3 m 3 X
3 M. ? 2i
3 R3 3 3'l
3 ft 3 2
i 3 an
3 92i
3 9.M 3 s:
a M 3 38
6 PS-Si
Indicates Sunday. Holiday.
The official number of cars of stock
brought In today by ea?h road was:
itoacis. cattle. Hogs. n p. 11 ses.
C, M. & St P. Ry..
2
t minnn
Missouri Pacific Ry.. ,.
I'nlon Daeirto system. ..
C. & N. V. Ry
F., E. M. V. R. R.. t
C, St. P., M. & o
B. M. Ry 1
C, B. & vj Ry
C, R. I. & P., east.. 1
C, H. I. P., west.. S
Illinois Central
1
1
8
32
22
8
15
6
14
1
1
W7
Total reeelrts 13
11
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 R3
Swift and Company 1.617
Armour Co 1,592 f$8
Cudahy Packing Co 1,795 849
Armour, from Blouz City 1,920
B. F. Hobblck S
Other buyers 138 1,2X8
Totals 139 7,780 2,535
CATTDE There were only a few bunches
of cattle In the yards this morning, but
for the week the supply has been very
liberal. As compared with last week the
Increase amounts to about 6,000 head, nnd
as compared with the corresponding wtek
of Inst year there Is a gain of nearly 10,000
head. Other markets have also had very
heavy receipts, so that packers have
pounded prices in bad shape.
A liberal proportion of the offeringa all
the week has consisted of cornfeds, and
the quality has also shown some improve
ment. The high price ft the week was
16 2ft, which was paid on Tuesday for a
bunch or well-fattened cattle. Prices went
down all the week, and particularly toward
the close, so thai values are now at the
iow point of the season. The decline for
the week is put at right around 50c. There
is, of course, borne unevenness, so that
tome sales have looked better than that,
while others have been worse. Pretty good
cattle are now helling around $4 50. and It
would take something strictly choice to
bring $6 or better.
The cow market also suffered and the
decline fbr the week Is Just about the same
as on steers Trading was very slow on
most days, and it took practically all day
to make a clearance. The late arrival of
trains was largely responsible for thnt, but
nt the same time the market was very
slow. The bulk or the sales are now going
from $2.ii tc $3.25 with a few sales rrom
$3.5o to $4.00.
Bulls may be quoted about a quarter
lower for the week, and stags are fully
that much lower. Veal calves have held
right close to steady, but the sharp de
cline on other lines has had a tendency
to weaken price
There has been very little demand for
stockers and feeders, but owing to the fact
that receipts have been rather modetate
prices have not suffered as badly as might
be expected. The better grades of feeders
ore nrnhahlv not over 25c lower ror the
week, but the common stuff, and especially
the common stocssers, nave neen almost
unsalable at any price, and are more than
a quarter lower
The season for western range rattle Is
practically at a close. A few cars arrive
every day, but not enough to make a mar
ket. As a general thing prices fluctuate
on the westerns. Just about the same ss on
the natives. The quality of the offerings
as a rule Is rather inferior.
HOOS There was about an average Sat
urday's supply of hogs here today and the
market started out zvswac nigner man
I yesterday's close, or about like yesterday
i morning The bulk of the early sales went
at $"i 97'4 and $6.00. with a few choice
loads at $6.CSi and $6.05. Trading, though.
1 was not particularly brisk, as packers did
not seem tc have very liberal orders. By
ih time about half of the hogs had
changed hands the market weakened a
little, so that the close was rather slow.
The receipts of hogs ror the. week show
an Increase over laet week, but there Is
still quite a decrease as compared with the
corresponding week of last year. The gen
eral tendency of prices has been down
ward this week. Wednesday was the high
day, when the average cost was $6 12, and
Friday the low day, when the average was
down to $.' 96- On November 2 the average
was down to ." 99 and with that exception
the average up to thla week has not been
below Ji'i.t"' since last March. Prices are
Ku"ic lower than s year sgo, but about
$lio per hundred higher than two years
a.r, llenresentatlve sales:
Ni..
AV. sn. rr ' "
M .
me.
hi..
!,!..
K3..
m iso I 7H
1t7 SKO 7b
!ii mo 6
S4S 1411 f. fi
ill 40 t V'
H 40 t 974
in 40 i 7'
!f,0 40 I
lb ... 6 7'
14i H0 S tT
JR 150 I "'
ti 40 ( 7H
Ill ... H4
r74 240 t 7'-i
....Ml. ... I 7W
!i 1M . 97i,
2 (.0 S t'tt
2M. 120 6 7'-
2M) 40 i 7i.j
M ... i 971,
run IM Oil
;im 4i oo
21 4'l ' 00
21 1M 00
5.3 1211 W
2M 1(0 on
71 -V o w
C2 24ft SO Oil
, lit 8.1 (00
1 3M SO I (Ml
0.
70.
241 140 (10
i4 40 00
243 . . 00
IM so
2411 !M t Ml
270 HO 4 00
rii 4u on
37 40 02 S
71..
4 .
71...
7J..
la..
71..
61. .
.
M. .
S .
M .
7S. .
Ml .
K5.
M .
U.
...944 120 02t
26 41
k. ...
(1
70
tt
M
74
241 m IK
.247 ltu I K
.244 90 I
.2411 SO I 9ft
. 140 t
V 40 I 7V,
2:ii 40 IS 97
.244 ... t 7tj
.247 20 I 974
.IV, 1H t 971,
.! IM h 971,
.21111 200 971,
244 120 ( 971,
.277 1211 I 97K,
71...
I...
79 ..
(I...
m...
Hi...
47. ..
M. . .
...
4S...
13...
6 ...
M. . .
(. ..
. ft.
.2nd
SO f
. . (Oil
.full 210) iv
I 971,
.212 40 t f.n
. 80 00
. . 215 411 0"
242 140 (l
. It.9
.2M
SI 1
.2S7
.929
..IM
on
40 oo
Su i no
... 024
... 4 02',
... 4
... I
20 1411 Oil
IMS
4 on
..271
SO 4 OC
4n 4 00
.274
( no
M
.210
SHEEP There were a few cars on sale
tlu morning, mo.itly ewes, and they sold
I freely at good, steady prices. For the
I week receipts are about the same ss for
i last week, but n compared with the cor
' responding week of luft year there is an
' Increase nf over 8".' head. or. In other
n-iTds. ahoiii three times aa many
Thc demand on the part of packer has
been In gol d shape all the week and prices
have shown considerable Improvement.
Choice wethers and yearlings In particular
have sold to good (ivanlif ana are nam
around '!' higher than a week ago Ewes
are a little stronger also, but could proli
ablv not be (iin,d over !0flf.c higher.
Fat lambs have also sold to good ad
vantage and Biivthing desirable may he
quoted 2fc hltitier As high ae $.'.!' has
been fiuld for h few prime natives
Desirable feeders have held abnur steady,
but as the demand has been somewhat lim
ited rnitiiimn stuff has lieen bard to move.
Quotation fir fed stock: Cnolce lumhs,
15 i"i;"i 3.'., fair to good lambs. $4 fw. ' ;
choice yesrllncs. $4.251-4 4t; fair to good
yearling-. $.'! T.,'n 4 10 ; choice wethers. H.'0
4 '. fulr to go1, $35340O; choice ewes.
S3 iV,ii3.7;; fair tu good, .0OtW.aO. feeder
Date.
Nov. 24...
Nov. 25...
Nov. 26...
Nov. 27...
Nov. Zs...
Nov.
Nov. 30...
Dee. 1....
Dec. 2....
Dec. I....
Dec. 4 ...
Dec. 6....
Dec. ....
Dec. 7....
Dec. 8 ...
Dec. 8....
Deo. 10...
Dec. 11...
Dec. 12...
Dec. 13...
lambs. :tnnii-4an: f.der yearling. IT oat.- f. ;
f.eder wethers, t.,' :c,,t rwes, ti-fg
i Representative saies.
.NO.
Av.
IT.
3 r.
3 I'l
to
3 V.
4 i,
41J fed
;'48 fed
fed
2 fed
ll fed
ewes .
ewes
ewes
ewes
wethers.
1 .
CHICAGO 1.1 1 K SIOtK MM4HKV
Mobs Higher, with Fair gatnnlny tie.
eelpts Sheep Doll.
CHICAGO. Dee. 13 CATT7.E Tteceli ts.
head; nominal; good to prime steer",
3-i rto-uH -i, poor to medium. 83 t'vii.i
stnrkers and feeders. 12 i 'u-l .Mi; rows Jl -.'
i4 ii, heifer, l. !'-it?. no; caiinet-s, i..'.,-u j
bulls. .'..sVfM.&i; calves, H t"-n 7. no; Texas-ted
steers, 3.1n4.;.V
HtHlS- Heeeipts todav. lfi.mn head; esti
mated Monday, 35,( head, left over. Iv'"!
head; strong to l"c higher; mixed mil
butchers, $.',. ,IV,iti 5; goml to choice hcit.v,
38 IntiS 4n; rough heavy, $. vn-ut; t;,; light.
3 ii'li.'i.9o; bulk of sales. IT, l.
SHEEP AND I.AMBS-Kecelpts. l.Mut
head; sheep and lambs, dull; good to choice
wethers, ;.,MtHl.2a; fair to choice mixed.
l2.Soil:4.5H; we. tern sheep, 3.1 tv,i I .:.".; nat.ve
lambs, H.7.v,jn.5i; western Ihmlis, 34.n 2.i.
Official yesterday;
Receipts. Shipments.
Cattle oik 7. KM
Hogs ST.iiK b.!
Sheep ai,'73 3i;,,s,i
Kansas City ! Mock Market.
KANSAS CITT, Dec. I.T-CATTf.E-Receipts,
9oo h. ml; market unchanged; cholcn
export and dressed beef steers, J.S 2u uii H:
fair to good. 82.ft".(n" lfi; stockers end f 1-
ers, 32 jo'ui.ttn; weetern-fed steers. : iv.f
6.25; Texas and - Indian steers, 32.3.rit.1 ";
Texas cows, I2 0rtji2.;.5; native cows, li.I.Vif
4 00; native heifers, 3l.7ru3.76; canners,
$1 .HUfll.20; bulla, 32.2fW3.7!i; calves. I.t iu
8.00. Receipts fur week: Cattle, 62,000
head: calves. 3.4SO head.
HoOS Receipts. h.iHio read; . market
strong to fie higher; top. J l.i; bulk of
eales. ."i.9i'i!i 10; heavv, ttvorVrtH .15; mixed,
packers, f&.tttyiiH.h'; light. J.VS fiivOn; York
ers, 8.0(Hi8 0f.; pigs, fi..'.ii(ii.-.io. Kecelpts for
week, hi. ootl head.
SHEEP AND UM US- Receipts, nsne;
market nominally unchanged. native
lambs, 84.0o(jti to; western lambs. H.S.VirV.lo;
red ewes, $;.! 3 !K; native wethers. fX.Vnii
4.W; western wethers, 3.00tu JO; stockers
and feeders, 32.004i3.3ii. Receipt for week,
31.300 head.
St. I.onta Live Mnrk Market.
ST. l.oriS, Dec. 13.-CATTI.E-Recelpts,
2.000 head, Including l.fino Texans; market
dull, slow and steady; native shipping an, I
export steers, 34..itC(io.rA with strictly fancy
worth up to 3S.7S; dressed beef and butcher
steers, 14 I"1j.' 2fi; steers under IA lbs,
33.7ffiio 2fi; etockera and feeders, 4.V?i4 2.";
cows and heifers. K 2."ifaVoo; canners. $1 SO
J2.50; bulls, $2.2!itf3.4rt; calves, DuoflVOi;
Texas and Indian steers, 12.60-iH So; cows
and heifers, $2 L1"(i3 40.
HOOS Receipts, l,5t head: market,
strong and higher; pigs and lights, ti7c'.f
5 90; packers. . SHrS pi; butchers, Vfn; 3-i.
SHEEP AND l.AMBS Receipts, l.Oul
head; market quiet; native mutons. $.v.1''il
8 90; lambs, I4.3oti.Y50; culls and bucks.
32.fXSr4. 00; stockers, 31.wsn.o0; Texans, $.'6 J
4j3.Sn.
Krn York I.lve Stock Market.
NEW YORK. Dec. 13 BEEVES Re
ceipts, 233 head; no sales reported; dressed
beef, steady: city dressed native sides,
"ViWIlVc; cwbles lost reported quoted
American steer at 12Vit13 dressed weight;
refrigerated beer, loS'ollc. Exports today,
540 beeves, 1,200 quarters of beef.
CADVES Receipts. 8 head; 63 head on
sale. A car of western calves sold at
$3.1214; a few grassers unsold; city dressed
veals, general sales, 10,fiil3'ic.
HOOS Receipts, partly estimated, 2..W
head- about a deck on sale; steady; state
end Pennsylvania hogs held at $ii 25.
SHEEP AND 1..AMBS Receipts, 1.458
head: good sheep nnd good lambs, steady;
market weak otherwise: three cars unsold;
sheep. S2.5Qr2.7S' culls. $3 75; dressed mut
ton, 6tr71-c; dressed lambs, 7Siil0c.
Klnni City I.lve Stock Market.
8IOUX CITY, la., Dec. IS. (Tpeclal Tele
gram.) CATTLE Receipts, 300; market
titeady; beeves. $3.756f.5o; cows, bulls and
mixed, 1.5ot3.75; stockers and feeders, $2.50
r4 i; vearlings and calves, $2 !Wa3.75.
HOOS Receipts. 5.500; market steady,
selling at $:i.5ob.10; bulk, t.Nnftj6.iK.
SHEEP Receipts 100 steady.
St. Joseph I.lve Stork Market.
ST. JOSEPH, Dec. 13. CATTLE Re
ceipts, 70 head- natives, $.i..G6.2!i: Texas
and westerns, $S.OO(it5.75; stockers and feed
ers, $3O0Cn4.40.
H'OOS Receipts. 4,861 head; medium and .
heavv. $6 02'iu.2O.
SHEEP AND LAMBS Receipts, none.
Mock In SlKht.
The following were the receipts nf live
stock at the six principal cities yesterday:
CBMIo. Hogs, bheen
nA 'ion 1 rf.n
iiniHiin
Chicago
Kansas City oo
St. Inils 2.000
St. Joseph 7u
Sioux City 300
.2K)
2.708
lo.ooo
5 ooii
1.5O0
4.T1
5.500
1.500
1.0K)
ioo
Totals 3,130 40,(Kil
6.3O0
Tnnsns City Ornln nnd Provisions.
KANSAS CITY. Dec. 13 WHEAT De
cember, 644c. May. 69,c; cash, No. 2 hard,
f.Mte9c- No. 3. flijltVlc.
CORN December, BHic; No. 2 white,
424c; No. 8. 42(;
OATS No. 2 white, S6c; No. 2 mixed,
lS4c.
RYE No. 2. 45fi46c.
HAY Timothy. $lo.5e4711.00; prairie, $10.00
'ln.25.
BCTTER Creamery, 25W27c; dairy, 22c.
EOOS Fresh, 22c.
Receipts Shipments
Wneat. bu 53 .fino !i.4O0
Corn, bu I07.2o 6l.fr0
Oats, bu 16.0i 13.000
Kevv York Imports and Exports.
NEW YORK. Dec. 13 Total Imports of
merchandise and dry goods at the port of
Is'ew York for this week were valued at
$11,461,101 Total Imports nf specie at the
pert of New York for the week were $15,301
silver and $40,197 gold
Total exports of specie from the port of
New York for tho week were $.'72,D3n silver
and $1,014,404 gold.
Minneapolis Wheat, Flonr nnd Bran.
MINNEAPOLIS. Dec 13 WHEAT De
cember. 74r744c; May, TT.Hc; on track: No.
1 bard. 754c; No 1 northern, 724c; No. 2
northern 73c.
FIJUR First patent. $3Wf,iflo; second
patents. $.'l.7ofr3 5; tlrst clears, $2.9o4t3.0u;
second clears $2.302 4u.
BRAN In bulk, $12.tfi.
Why Not
Mexico?
You have been to Europe.
Tou have seen California and
Colorado. Why not try Mex-
Icol
It Is worth while.
The
curious architecture;
the vast plazas, where the on
tlre population of the c'.ty
gathers nightly to listen to
the stirring strains of a mili
tary nana, the rhre beauty of
the women; the picturesque
attire of the men; the primi
tive methods of agriculture
these are only a few of the
cores of things that can be
aeen and enjoyed In Mexico
In MID-WINTER.
Cut out this ad, send it to
ns,
and we will mall you a
book
about Mexico. Tells
Just what you want to know.
Ticket Office, 1323
Farnam St.
OJ1AHA, NEB.
V B Weare, Pres. C. A Weare, V-ITei.
Established lt2.
WEARE COMMISSION CO., CHICAGO
Meinlier of the principal Ki' haiigea.
Private lre to All I'uluta.
GKAIV I'HUI i.4. k ! i KV BONUS
Ilougbt and sold for cash or
future delivery
OMAHA BRANCH. ll'J-lli Board or Trade.
1 elephnne l.'ilti
W. E. Ward. Local M-me.
1
4