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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 26, 1902)
THE OMAHA DAILY I1EE; FRIDAY, DECEMBER 2G, 1002.
OMAHA LIVE STOCK MARKET
Light Bweipti of 0ttl Oauiad Pricei
HOGS ADVANCE FIVE TO TEN CENTS
Active Dmui for Fat Sheep and
Uabi of Good tlaallty at Stronger
Prlcea, Advaaee for Week Being;
.Ten to Fifteen Cento.
.' '. SOUTH OMAHA. Dec. 24.
Receipts were: Cattie. Hogg. Sheep.
Official Monday 2.506 $.433 M
Official Tueeday 2.429 6.UW1 6. till
Official Wednesday J.zii o.ail 911
Thrae days thla weak.. 147 17.430
Sam daya laat weea....ll 641 2 10
Same wk before lg.To") 2.41
8a ma three weeks sgo... 13.711 2o.3i
Same tour weeks ago.... In. 615 24.092
Bams day laat year 4.&dt 20,61$
RECEIPTS FOR THE TEAR TO DATE.
The following tabre anowa the. receipts
of rattle, hogs and sheep at Bouth Omaha
for the year, to data, ano eompanaona with
laat year: im. J9tl. Inc. Dec.
Cattle 9s,5$7 1S6.2W
Hon 741 2,304, i 1V0.2M
. neap ,..i,?2.3V7 l.J,77i 414.607
The following table enow the average
price ( hoga soM on the South Oman
market Ue laat several oaya, with com
parisons with former yeara:
Data. 1 1901, 1901.lJ0O.llht.l.lS7.189
a 12 I
6 04 1
4B I 7-
i a Toi
4 4k, I 81i
10 t ao)
4 M I (mi
4 111 1 HI I
4 ? 1 .l
4 t& I
4 2 I Kit
4 73 I
4 U I M'
4 8C I koj
M I I9
4 83i l
4 7i, I S8,
4 1i I
4 7 4 4
4 tU 4 01
4 oi 4 Ui;
I 4 (H
I 37 1
I 33) I li
3 2o a w
3 11 2 14
I 21 1 3 M
3 W 3 00
4 1i 3 in
3 1J 3 21
3 l.l I 21
3 16; 3 17
3 22 t 1W
3 24! 3 17
4 2j I 1
3 31 3 17
4 aii 3 li
I 3 13
3 2ai I 17
3 24 3
3 2i 3 17
3 2i 3 la
I a lb,
The official number of cara of stock
brought In today by each road was:
Raadi. Psr.l 1 1 r. U Yl mnr.
-.., M. at BL F. KV
Union Pacific ayatem....
C. 4k N. W. Ry
V., K. & M. V. R. R
C. Bt. P.. M. & O. Ry.
B. 4 M. Ry
C, B. at Q. Ry
C. R. I. 4k P. Ry., eaat.
6 6 6
6 9 1
55 98 9
The dlapoattlon of the day'a receipts waa
aa follows. ech buyer purchasing the num
ber of head Indicated;
Cattle. Hoga. Sheep.
Omaha Packing Co
Swift and Company vm
Armour & Co 231
Cudahy Packing Co 6
Armour, from Hloux City 140
Vanuant & Co 48
lobman Co lit)
W. I. Stephen B
H. K. Hobblck , 4
Dennla tt Co l
Other buyera , io
Totals 1,450 7.361 1.238
CATTLE The.-a were hardly enouah cat
tle hare this morning to make a market,
but all the packera aeemed to want a few
and buy are atartad out early and bought
up the batter grades aa rapidly aa thev
arrived, and In a good many caaea paid
fancy prices for what they got. It waa, of
ecu ras, a, very uneven market, with the
mora daetrabla cattle selling to the best
The few cars of cornfod tee re on aale
sold easily a, dime higher than yeaterdry.
The quality of moat of them waa rather
Inferior, though aa high aa 4.K waa paid.
' As compared with the close of laat week
the general market la fully ZSc higher, and
some salea have been much better thnn
' that' Par Vers have evidently hnd to have
few cattle to till their more urgent ordera
and the extremely light receipts have
'-forced them to advance prlcea.
The cow market waa ulao stronger this
morning. Prices have advanced during the
week luat about the aame aa on ateera. If
anything, though, the cow market has been
mora uneven than the atcer market. Can
riers and cuttera. In particular, have sold
-at very uneven prlcea, aome sales being a
good aeal higher than others.
Bulla, veal calves and stairs did not ahow
much change thla morning. Bulla have been
atrong all the week, but still prlcea have
not advanced anything like aa much aa on
steers and cows. The same la true of stags.
There were not enough Blockers and feed
era In the yards toaay to tell anything
about the market. Buyers evidently did not
want many cattle owing to the fact that
tomorrow will be a holiday and then the
' end of the week will be close at hand
The better gradea of atockera and feeders
have commanded atrong prices all the week
but the Inferior klnda have been neglectd
and hard to dlapoae of at any price. Kepre
aeulatlve aalea; ,
Ha, At. Tt.
... 610 4 00
...in 4 00
...1044 4 10
...1100 4 10
...1111 4 10
...1130 4 36
...1114 4 40
...1317 4 70
I IM I 00
... lit I 60
...1040 ( 60
...1111 I 40
... lit l a
...1001 I 46
...1004 I 76
... lot It
...MM I M
...m 4 iii
BTEERS AND HE1FKRS.
.1011 4 00 li.
.. S3! 4 M
1064 4 M
H4 4 00 II...
640 1 M
1031 I 04
lit I 00
174 I 06
IIDO I 04
0 I 14
1170 I II
1000 I It
1100 I 1
1094 I It
1101 I 10
1011 I (
1167 I M
1M4 I It
1236 I 29
1011 I M
1040 I I
.... n i ao
iim i as
io a tt
itii a m
1114 a 40
1170 3 44
10M a 44
1IU I 40
ni i 44
Ull I 64
1047 I 60
1000 I 00
....... 660 I 00
1140 3 10
116 I U
1060 I 16
676 I 40
........ 710 I 60
7N t 60
, HI t 60
W0 I 40
1107 I 40
Ml I 40
, im t as
in i it
, art i tt
, 16 I 76
mi a it
IM I 14
, Kl 3 76
Ml I 71
,.. 1104 t 76
, M IS
........ M4 I M
, KI4 I M
., 1300 I 00
.1114 3 71
COWS AND HEIFERS.
4WJ I W
1 60 I 34
- I. ...... ....J 4U. I M
.im i n
. . . . BULLS
1 1100 I 10 I...
1 M.UM 171 1...
I. ..... ..1670 I 74 , 1....
....ISM i u
... .1110 I 16
....KM a a
....1KM I 44
...1444 a 40
... .14.14 146
I. I44 6 1
i. ,. ...ta. a M
. U4. Ul I M
1 IM I M
1 1444 I OS
1 ,..1470 00
1 ,....HJ IM
1 .....147 IM
' 1 1004 1 16
1 IM Itl 1
1 v 74 I M 1....
.' I T. IM I M I....
1 ISM IM ....
120 I M
1124 I M
STOCKERS AND FEEDERS.
$ 4M M t ...1414 It
. 1 7M M M Ml I M
64 4 M 14 Ill 4 M
w... IM I 46 . ... i
Duck Brand Cattls Co Neb.
cowt Si W70 I 71
v!4 steers.... (MS 3 7
18 steers.. v 807 $ 40 3 cowa..... 747 1 16
$ bulla 10M t icow i 660 2 00
HOOS Thera was- another light run of
hogs hers today, and aa packera had to
-h,IM.i?T. th mrk rvM fairly active
vand 6910c higher than yesterday. The bulk
of the aales want from $4 2a to $4 30, and aa
high as $.U waa paid. The light weights
aold largely from $4.24 down, with the
lUum ' going largely at $ t74
3.J,,J1 Prtn4i 'aa aold from $6S24,
to $616. Tbeis waa ao particular change
In the market, though the lata arrival of a
few trains delayed the clone until a late
Lirht receipts and a fairly good demand
caused prices to move steadily upward all
this week, and the total advance for the
three days amounts lo about 30c. The aver
age prlos today waa at the hlgheat point
reached since th third weak la November.
Representative salea: .
Av. Sk. TV
ia...u..iM ... im n nt m im
" tut aa u ... im
. . . MS
BMtEP There were only Jiiet a few cara
of aherp and lambs In the yards this morn
ing, and the market ruled active and atrong
on good stuff. Aa high aa M 50 was paid
for some western fed yearlings, which
looked considerably higher thtin the aame
kinds have been telling for of late. As
compared with the close of last week, the
better gradea of both xheep and lnmhs
may be a no ted l(V(il6c higher. Supplies have
been light all the week, and as packers
have had quite liberal orders, they had to
pay stronger prices. The commoner klnda
have not advanced aa much as the Inferior
gradea, but still even thoae are selling fully
" ip as iney were a week ago.
Feeders have been rather scarce all thla
week, and the demand has been sufficient
to take what was offered at good, strong
Quotations for fed stock: Choice lambs,
ISOrtfrtVisS: air to good lambs. 4502y;
choice year'.lngs, MOW84.60; fair to good
yeartlngs, 13.754? 4 00; choice wethers. 3.B
4 00: fair to good, I3.2683.0; choice ewea,
l3.fiVO4.O0; fair to good. 33.003.30: feeder
lamba, 33.OfuJM.O0; feeder yearlings. $3.0ng3 50;
feeder wetl.rrs. 12 TAffi 25; feeder ewes. 11.50
fil.io. Representative aales:
6 cull ewea
10 cull lambs
5 cull ewes
177 western ewea
21 western ewes
153 yearling ewea
95 western lambs
246 western fed yearllr.ga...
23S feeder ewea
63 western ewea
62 feeder lambs
CHICAGO LIVK STOCK MARKET.
Cattle riosr rioll, llosi W-ak, Sheep
I'.lse t nerenly and Lambs Steady.
, HIA0. Doc. 24. CATTLE RecelDts,
l-.0"o head; market opened strong, closed
dull; good to prime steers, $6.VkH6.55; pocr
to medium. $3.0041-5.26: stockers and feed
ers K.Mi 4. 60; cows. $1.2V4j-l.iiO; heifers. $2.00
.)60; cunncrs, 31.2C.irr2.10; bulls. 2.0Cia4.60;
calves, $3 0U&7.25; Texas fed steers, 33.50IU)
9iSR''''P," 22nn n"1"1; tomorrow,
K.OCO head; left over, 4.500 head; market 6
loc hlgher; cloned weak; mixed and butch
er , 36.WKfrfi.40: good to choice heavy, V5.45
fW.C0; rough heavy, $6.W(f,4i.35; light, $5.S0Qi
6.20; bulk of sales, $C.lf"i6.3o.
BHKKF AND LAMHS Receipts, 12.000
head; sheep, unevenly higher lambs, steady;
good to choice wethers, $4.00(ij4.60; fair to
choice mixed. $.7.04i4. 0U; western sheep. $4.00
fvt.SO; native lambs, M.0W8G.90; western
Knnaas City Live Stock Marlte.
KANSAS CITY, Dec. 24. CATTLE Re
ceipts, 4,38 head; natives. 3B.67V; 5,000 na-
win vuint; wean, iuc lower;
cows and heifers, steady to higher; stock-
.wiu Muwer; cnoice export and
dressed beef steers, $5.20Co.00; fair to good,
$3 254i6.15; stockers and feeders, $2.004.25
western fed steers. 2.50i&a.2o; Texas and
Indian steers, $3.00 4. 2.i; Texas cows, $2.25
100: native cows. $1.5OJ4.00: native heifers,
$J.40; canneis, $1.0U(6'J.oO; bulls, $2.25414.00:
calves, $2.7&3.25. '
HOOS Receipts, 6,000 head; market 5T?10c
higher; top, $6.45; bulk of sales, $6.2o(4i.40;
heavy, $6.356.46; mixed packers, $2.00i4.40:
h6W(I2V,O.30; Yorkers, M.25j6.r pigs!
HHH.li.t- AND LAMBS Reoe4pta, .1,100
head; market steady; native lambs. M.000J
$3.0O43C9j; native wethers, $3.0084.60; west-
St. I.oals Llva Slock Market.
, SI-J1?' .t)'- M.-CATTLE Recelpta.
1.500 head. Including 1 inn T..n.
... - , " ia.ii.. nnmil
i ,go, demand, active and atrong; .native
,..,.,...,B oiiu expuri sieers, 4.iHKfi.0O:
dreAaed beef and butchers' steers, $4.2541
6.60; steera under 1,000 pounds, $3.754j3.0O;
Mockers and feeders. $2.50tr4.0t; cows aid
heifers, $2.264i4.76; canners. $1.50(&2.50; bulla
$2,504.00; calvea, $4.00417.00; Texas and In
dian steera, $2.40fj5.0u; cows and heifers.
HOO B Receipts, 2.600 head; market firm
and higher; pigs and lights, lfi.liyfj6.3i;
packers, $6.255j50; butchers, $6.354;i6.60.
SHE2P AND LAMBS Receipts, 600
head; market steady; native muttona, $3.40
94.10; lamba. $4.0lj-j.50; culls and bucka,
$2,750-4.00; Blockers, $1.50(52.50.
rVer York Lire stork Market.
NEW YORK, Dec. 24. BEEVES Re
celpta, 2,263 head; market lOtfj'.'Oe higher;
bulla and cows uneven; salea 1015c off;
steers, $4.4ot6.Nu; oxen and stags, $4.40ti4.75;
bulls. $J.6(Ya4.30; cows, $1. 504.25. Cables
steady. Exports today were 500 cattle and
3,646 quarters of btef.
CALVES Receipts, 1.174 head; steadv;
veala, $5.009.60; little calves. $3.50tft 1.50;
barnyard calves, $3.COf3 40; westerns. $3.5541!
3.65: city dressed veals, steady. lli&14c.
SHEEP AND LAMBS Receipts, 6,4(3
head; aheep steady, but slow, for all but
top gradea; good iambi In fair demand and
fully ateady; others very dull; sheep, $3.00
64.00; lambs, $4.5tJ(&tS.00; culls, $3.50(4.00.
HOOS Receipts, 6.270 head; firm; state
hoga, I6.35&I1.46: few choice pigs, $6.50; mixed
St. Joseph Live Stock Market.
ST. JOSEPH, Mo., Dec. 24. CATTLE
Receipts, 1,177 head; Texas and westerns,
$3.2r4fS.75; cows and heifers, $2.0074.40;
veals. $2.SOi4j76: bulls and ctaga, $2.50(4.50;
stockers and feeders. $3.00$M 50.
HOU8-Kecelpts. 6.797 head; 5c to 10c
and light mixed. $6.151)
heavy, $6.2o.46; bulk.
6 35; medium
$ti. 3 Ull 8.40.
SHEEP AND LAMBS Recelpta. 329
head; 15c to 25c higher; top western lamba.
Sloax City Live Stork Market.
SIOUX CITY, Is . Dec. 24.-(8pecial Tele
gram.) CATTLE Receipts. 3uu; stockers
Bteady, killers strong; beeves, $3.5rjfro.5t);
cowa, bulla and mixed. $1.6oti3.75; atockera
and feeder.r. $2.6oi&4C0; yearlings and
calvea. $2.351 3.7S.
HOOS Receipt 4, 4.500; market 610c
higher at lu.luii; bulk, $5.9u4jti.20.
Stork Im Sight.
The following were the receipts of live
stock at tha six principal cities yesterday:
......!.. li i , L
. iiiiRi, oneep,
St. Ixiuls ..
.20.527 41,813 14.840
NEW YORK GKNKRAL MARKETS.
Caotatloas of the Day aa , Varleas
. 6 . . . 4TomiMOlltlea. , '
JEW YORK,11 Dec. 24.-Hollday in grain
HA Y Dull: shipping, &5370c; good to
choice, tjct J1.00.
HOPS Steady; state, common to choice.
19"2, 2J7c; 111. 24t!o: olds. ?Tr72ttc: j'B.
clAc coast. 1902. 254j-J1c; 19)1. 23ijik:; olds. 7f
HIDES Steady; Galveston, 20 to 26 Iha .
18c; California. 21 to 25 lbs.. 19c; Texas dry.
24 to 30 lbs.. 14c.
LEATH ER Quiet.
PKOVISIONS-Heef. steady; family, $16 H
618 00; mesa. $10.5ill 00; beef hams. J20.60.M
22.00; packet. $14.t)0(a 16.00; city extra India
bm. $2u.'JO(f28 00. Cut meata, ateady;
pickled bellies. $s.759.75; pickled shoulders.
$8.2&US.60; pickled hams. l 1.3f4i 11.50. Lard,
easy; wettern ateamed, $10.70; refined, easy ;
continent. $M.90; Bouth America, $11. 5o; com
pound. $7oot7.75. Pork, dull; family, $18;
short clear, 21 0ur23.uu; mesa, lilt
TAI IA)W Easy: city, bor,c.
RIC Quiet; dumeatlc. fair to extra, 4lic.
BL'TTRK Recelpta. 4.461 pkgs; ateady;
tat dairy, ito26c; creamery, extra, 2bc;
crenmerv. common to choice, 21tiJ7Uc.
CHEKSE Recelpta. 4.2E4 pkg.; ,lrm;
fancy, large, atate. full cream, colored and
white, fall made. U,ul4c: late made. 13 c;
fmcy, small, colored and white, full made,
UVHc; late made. UulSWc.
EGCiS Recelpta, 3.1C5 pka. : steady; atate
and Pennsylvania average best. 2&c; west
ern, poor to fancy. 2mu26.'.
I'Ol'LTKY Alive: Dull; chickens. 10c;
turkeys, HWoc; fowls. 11012c. Dreased:
Irregular; western chickens. llifW.c; west
ern fowls. lKjjlic; wratern turk -yi, 17Htil8o.
II E TA 1-8 The London metal mtxketi
were oi en for only half of the aesclon to
day and will remain closed until Monday
morning. In today trading tin advanced
m to 118. 5a for spot and 118 for future.
The local market waa also firm and higher.
pot cloalng at 35 -A.10a. Imdnn de
clined Za Id on ro.wr. with aot &1
and futures at til tim td. Locally copper
Ml . .
was unchanged and nominal at $10.71 for
standard, $11.56 for lake and $11.45 for elec
trolytic and casting. Lead waa unchanged
at 10 ins 3d at Ixmdon and locally at 4.
Spelter waa unchanged at 19 17a 3d In
London, but declined another 6 polnta In
New York, closing at $4 75. The foreign
Iron markets were steady, with Glasgow
quoted at Ma d. Locally Ircn remained
ulet. Warrants are nominal. No. 1 foun
ry northern Is quoted at $3.01125.00; No.
I foundry northern, No. 1 foumlry south,
ern and No. 2 foundry southern soft, at
Condition of Trade and ((notations on
Staple and Kanry Prodnce.
EGOS Candled ttock. 24c.
LIVE POULTRY Hens, 7itf74c; old roos
ters, 4ftoc; turkeys, 15c; ducks, 8Cg'.n ;
geeae, 748i:; spring chickens, per lb., H'u?
DRESSED POULTRY Hens, 8c; youn.
chickens, lie; turkeys, 16Culc; ducka, lo4
11c; geese, Inc.
BUTTER Packing stock, 1717Hc; choice
dairy. In tubs. 2"i:lc; separator, 291f30c.
KRKSIf FISH Trout, Milne; herring, F.c;
pickerel, 8c; pike, 9c; perch, 6c; buffalo,
dressed. 7c; sunflsh, 3c; bluellns. 3c; whlte
flsh, 9c: salmon, Ific; haddock, 11c; codfish.
12c; redsnapper. 10c; lobeters, boiled, per
lb., 80c; lobsters, green, per lb., 28c; bull
heads, 10c; catnth, 14c; black bass, 2oc;
RYE No. 2. 46c
BRAN Per ton, $1360.
HAY Prlcea quoted by Omaha Whole
sale Hay Dealers' association: Choice No.
1 upland, $8.oO; No. 1 medium, $7.50; No. 1
coarse, $7.00. Rye atraw, $6.00. These prices
are for hay of good color and quality. De
mand fair, receipts light.
OYSTERS Standards, per can, 28c; extra
selects, per can, 3oc; New York counts, per
can, 42c; bulk, extra selects, per gal.. $1.75;
bulk, standards, per gal., $1.45.
TREES 4 to 6 feet, per doien, $1.76; 7 to
9 feet, $3.50; 6 to 7 feet. $2.50; 9 to 10 feet,
$4.50; large, for school and church pur
Poses, 12 to 14 feet, each. Jl.0lxiil.50; extra
large, 15 to 20 feet, $2.Oufa4.00.
HOLLY BRANCHES Per case of 2x2x4
feet (about 50 lbs.), $4.00; per bbbl., $1,50.
LONG NEEDLE PINES Per doxen, $2.50
MISTLETOE BRANCHES Per lb., SOc.
EVEROREEN WREATHING! In colls
of 20 yards, per coll, 9oc; five-coll lota,
WREATHS Magnolia and galax
wreaths, per dozen. $1.5O'?f2.0O: evetgreen
wreaths, per doien. 31.50fa2.00; holly
wreaths, per dozen. $1.50fj2.u0.
NEW CELERY Kalamazoo, per dozen.
25c; Utah, per dozen, 45c; California, per
dozen, for stalks weighing from 1 to 1V4
lbs., each, 4fai5c.
POTATOES Per bu., 60c.
SWEET POTATOES Iowa Muscatlnes.
per bbl., $3.26; Kansas, $2.25.
TURNIPS Per bu., 40c; Canada rutaba
gas, per lb., lc.
BEETS Per basket, 40c.
CUCUMBERS Hothouse, per dozen,
PARSNTPS-Per bu., 40c.
CARROTS Per lb., lc.
GREEN ONIONS Southern, per dozen
RADISHES Southern, per dozen bunches,
WAX BEANS Per bu. box, $3; string
beans, per bu. box, $1.60.
CABBAGE Miscellaneous Holland seed,
per lb.. l4c.
ONIONS New home grown. In sacks,
per bu.. 75c: Spanish, per crate, $1.75.
NAVY BEANS Per bu.. $2.60.
TOMATOES New California, per 4-bas-ket
CAULIFLOWER California, per crate,
PEARS Fall varieties, per box, $2.00;
Colorado, per box. $2.26.
APPLES-Western, per bbl.. $2.75: Jona
thans, $4: New York stock. )3.26; California
Bellflowera. per bu. box, $1.60.
GRAPES Catawbas, per basket, 18c;
Malagas, per keg. $6.07.00.
CRANBERRIES Wisconsin. Der bbl..
$9.60; Bell and Bugles, $10.60; per box, $3.26.
. TROPICAL FRUITS.
BANANAS Per bunch, according to size,
LEMONS-Callfornla fancy. $3.75; choice,
ORANGES Florida Brtghts. $3.75; Cali
fornia navels, $3.60; California sweet Jaffas,
all sizes $2.76.
DATES Persian. In 70-lb. boxea, per lb.,
6c: per case of 30-lb. pkgs.. $2.25.
FIGS California, per 10-lb. cartons, $1;
Turkish, per 35-lb. box, 1418c.
ORAPE FRUIT Florida, $6.
HONEY New Utah, per 24-frame case,
CIDER New York. M.60; per V, bbl.. $2.75.
SAUERKRAUT-Wlsconaln, per V. bbl.,
$2.26; per bbl., $3.75.
POPCORN-Per lb., 2c; shelled, 4c.
HIDES No 1 green, 6c; No. 2 green. 6c;
No. 1 salted, 7c; No. 2 salted, 6c; No. 1
veal calf. 8 to 12H lbs., 8Yc: No. 2 veal
calf. 12 to 15 lbs.. 6c; dry hides, Mfl2c:
sheep pelts. 2.Vfr75c; horse hides. $1.5or'2.50.
NUTS Walnuts. No. 1 soft shell, per lb.,
16c; hard shell, per lb., 14c; No. I soft shell
er lb., 13c; No. 2 hard shell, per lb., 12c;
:razls, per lb.. 12c; filberts, per lb., 12c;
almonds, soft shell, per lb., 16c; hard shell,
per lb.. 15c; pecans, large, per lb., 12Hc;
mall, per lb., 11c; cocoanuta. per dos., 50c;
chestnuts, per lb.. 10c; peanuts, per lb.,
6',4c; roasted peanuts, per lb., 7c; black
walnuts, per bu., $1.00; hlckiry nuts, per
bu., 11.60; cocoanuta, per 100, $4.
OLD METALS. ETC. A. B. Alplrn
quotea the following prlcea: Iron, country,
mixed, per ton, $11; iron, stove plate, per
ton, $8; copper, per lb.. 8'4c; brass, heavy.
per lb.. 8Hc; brass, light, per lb., 5V4c;
lead, per lb., 8c; zinc, per lb., 24c; rub
ber, per )b.( 6Hc.
SfT Looli Grain and Provisions.
ST. LOUIS, Dec. 24. WHEAT Steady;
No. 2 red. elevator. 730; track, 74c; May.
77c; No. 2 hard, 6W7314C .
CORN Strong; No. 2 cash, 44H344c:
track, 4414140; May, 384(839.
OATS Steady : No. 2 cash, 32c; track, 33c;
Mav. 33Hc; No. 2 white. 35c.
RYE Firm at 49c49,4c
FLOUR Steady; red winter patents, $3.33
fi3.50; extra fancy and straight, $3.05(83.30:
SEED Timothy, steady. $2.90i3.4O.
CORNMEAL Steady. $2.30.
BRAN Firm; sacked, eaat track, 71(g)
HA Y Easier; timothy. 111. 004115.00; pra
IRON COTTON TIES $1,074.
BAGGING 6 6-16&7 l-16c.
HEMP TWINE 9c.
PROVISIONS Pork, unchanged; Jobbing
standard meas, $17.K('18.(. Lard, un
changed at IIO.I'H. Dry salt meats Dull;
boxed extra shorta, $9.124; clear rlba, $9.00;
short clears, $9.50. Bacon Dull; boxed ex
tra shorts, $10.50; clear ribs, $10.50; short
METALS Lead, steady at $3.K. Spelter,
lower at $4 46.
POULTRY-Lower; chickens tp.d springs,
8V4c; turkeys. lSal3i4c; ducks, 12c; geeae, 8c.
BUTTER Steady; creamery, 233oc; dair
EGGS Steady at 22c.
Flour 4.000 13.1XK)
Wheat 54.000 94.000
Corn 12H.0OO 38.000
Oats 47,000 45,000
'Liverpool Grain and Provisions.
LIVERPOOL. Dec. 24.-WHEAT-Spot:
No. 1 northern spring, no stock: No. 2 red
western winter. Iim, 6s HVtd; No. 1 Cali
fornia, steady, fia od. Futures: Eaay- De
cember. 6a 214d; March. 6s ld; May. 6a A.
CORN Spot: American mixed new, qulef. '
$ kl; American mixed, old, ateady, 6s 4d.
Futures: Inactive; January, 4a 6d:
March. 4a iyri
PEAS Canadian, ateady, 6a T4d.
FLOUR St. Louie fancy winter, quiet.
HOPS At London (Pacific coaat). firm,
6 15a to 7.
PROVISIONS Beef, extra India mess,
steady. 113a 9d. Pork, ateady; prime mess
western, 90a. Hams, short cut, 14 to 16 lbs.,
steady, I3. Bacon. Cumberland cut, 26 to
30 lbs., quiet, Ms Cd: short rlba, 16 to 31
lbs. dull. 48a: long clear middles, light. 28
to 31 lbs., quiet. 48a 6d; long clear ml I
dlca, heavy, 3a to 4 lbs., quiet. 4s; thort
clear backa. 16 to 20 lbs., quiet, 4ns; clesr
bellies, 14 to 16 lbk., dull, 5s. Shoulders,
square, 11 to 13 lbs., quiet. 43a. I.ard prime
western, in tierces, dull, 60a; American re
fined. In palls, dull, 55s.
b UTTER Nominal.
CHEESE Firm; American fineat white
and colored, 69a.
TALLOW Prime city, dull. Km 3d; Aus
tralian in londnn. firm. 31s 2d.
Importa of wheat into Liverpool laat week
were 31.3o0 quarters from Atlantic ports,
none from Pacific porta and 26,u00 quarters
from other ports.
Importa of ccrn from Atlantic ports last
week were 14.KM quarter.
The Provision exchange here will be
closed on December 25 and 26 and January L
t'hleaso Provision Market.
CHICAGO De. 24 BUTTER Quiet and
easier; creamery, 18ij274c; dairy. Kruioc.
EGGS Steady; loss off, caaea returned,
CHEES E Firm ; twins. 13c; dalalea, 134c;
Young Amerlcaa. 13'c.
DRESSED POULTHY-Steady; turkeye.
15ill74c; chickens, ltjlOc.
Philadelphia, Prodac Market.
PHILADELPHIA. Dec. 24. BUTTE R
Weak and old lc lower: extra western
creamery. 29c; extra nearby prints. He.
tCJUl tjulst but steady ; reeh aaarby,
27c, loss off; fresh western. 27c. loos off
freeh southwestern, 284f29c. loss off; fresh
t HKLRE-Unchanged; New York full
cream, prime small, l.4flri4c; New York
tair to good small, 13nj l.4c; New York
prime, large. 13c; New York fair te good
Dec 24.-X)RN Lower; uen
No. 3. 410.
No. I white. 314c
YORK STOCKS AKD BONDS,
Market Closes Firm at Top Notch of
NEW YORK. Dec. 24 The stock market
closed firm today at the top level of the
uny, wun net gains in a few or the prom
Inent railroads, and specialties reaching I
point or more. The day s movement of
prices was not of much significance and
the dealings were on a very small scale,
except in the local traction group. In which
there was oomo Inrso buying without any
definite explanation. The trading was Idle
nearly to ine point of stagnation at times,
and the brokers gave more attention to
playlnV pranks in celebration of the eve
of the Christmas holidays than to trading
in stocks. The Produce exchange celebra
tion began midway of. the session of the
Stock exchnnge on the same floor and
separated only by a low partition. Specula
tive str.tlment may easily have been tinc
tured by the festivities. The distribution
of Christmas donations was on a liberal
scale and helped the prevailing cheerful
sentiment. There was apparently soma
outstanding short Interest also which ohoas
to cover for the holidays, especially ss
many brokers are preparing to leave town
ior tne rest or the week.
The strength of the local tractions had
a aentlmental effect on the whole list, the
rise In Brooklyn Tranalt extending to over
4 polnta. No definite explanation of the
rlsn was forthcoming, but old rumors had
renewed circulation of a passing of control
to the Pennsylvania. Suaar alao was well
sustained at a recovery from yesterday's
sharp decline. The most active period of
the trading, however, was during the de
cline of the morning. The maintenance of
the call rate at between 9 and 10 per cent
was the depressing influence. The block
ade restriction enforced by the blocking
powers or ia uuayra on the steamer
Caracas occasioned some uneasiness,
tnougn or little direct Influence. The an
nouncement of wage Increases by the New
York Central and the Atlantic Coast line
called renewed attention to a tendency
which is general throughout the railroad
world. The passing of the dividend by the
St. Joseph Island first preferred explained
yesterday s lnte break of 84 points in that
stock, to wnicn was added a 34 point de
cllne today. Canada Southern was also i
sufferer from the reduction in Its dividend
rate. The great influence of these two
cases was not encouraging. The rise of 13
points in Cleveland, Lorain & Wheeling
was unexplained. The stiffness of the call
money rate and a hardening of the time
market were not effective in checking tre
rising tendency In sterling exchange or the
falling tendency in New York exchange at
interior points. At Chicago the New York
exchange fell back to par, after iiavlng
ruled at 40c premium last week. More
than $500,000 was again transferred to New
Orleans today, but $250,000 waa paid out
by the sub-treasury on transfer of Alas
kan gold from San Francisco. Yesterday's
heavy customs collections, coupled with
the falling off In pension payments, haa
resulted In a wiping out of the sub-treasury
s earlier contribution to the money
market. Money Is also rising In London
and there were contlnue.l large transfers
by cable to that center today.
There was some distributed activity In
the bond market, but the price movement
was rather irregular. Total sales, par
value, $1,080,000. United States new 4s ad
vanced 4 and the old 4s 4 per cent on the
The following are the closing prices on
tne jew xoru hiock exchange:
.. MHl do pfd
.. Ila Texas ft Pacific...
.. 7 Tol., St. L. A W.
..11 I do pfd
..ltoi tnlon Pacific
.. "1 I do pfd
D. & O
Chca. & Ohio....
Chicago A Alton.
.. 44 Wabash
IZS.I do old.
10 W. 4c L
11 do Id K4..
Chlcsiio. I. A !
1 IM Wis. Central...
W 474 en nf4
Chloato a Ot.
do lit pfd..'..
do td pfd
Chicago T. at T
.. so lAdaais lufiaa
.74 Am. Sipeeae Jd
..ill - V. a. Caprees
.. lt W.lls-rarge Kg m
C. C. C. tt St. L,
do lat pfd ,
II, Awl. Corner. ........ Wit
M4 Aai. Car A Pouadry.. 144
zil ao pra
414 Am. Llneeed Oil.
do 2d pro ... .
Del. 4t Hudeon.
Kale.. L AW
... t do pld
...las Am. Smelting tt
...146 do pfd
... 4 Anaconda M. Ca.
...Ik' Brooklrn R. T...
... 144 Colo. P. 4c 1.,..
... 6. ,Con. Uaa
... 4 Con. Too pfd...
Denver A R. O.....
do lat pfd ,
do 3d pfd
Ot. Northern pfd...
Hock. Valley .....
Lake "Erie A W
L. 4c N
Met. 8t. Ky.
Minn. A St. L
M.. K. A T
N. J. Central
N. Y. Central
Norfolk A W
...1N4 Oeneral Electric ...
... 17 .Hocking Coal
... 44 lnt'n'I Paper
...14441 do pfd
... 174 International Power,
... 4a Laclede Oaa ,
... 4T National Biscuit
...111 National Lead
...114 No. American.
...14T Pacific Coaat
...lit Pacific Mall...
... 11 People's Uaa 10114
... 14 Pressed Rteei Car...,. 404
...104 ' do pld 11
...104'. Pullman Pal. Car IM
... J.iH Republic Steal II
... 661 do pfd 74
...165 Sugar Hsu
.UlHTenn. Coal tt Iron...
. 01' v. a. at r. 10..
.11 do pfd
. 10vi 1'. 8. Leather...
.IMS do pfd
. 434a V. S. Rubber.,.
.14 do pfd
. 11 V. 8. Steal
. 71 do pfd
. HI Weatern Union .
. 004 Am. Locomotive.
. 14i j do pfd
. eu K. C. Southern..
,17H do pfd
.IM Rock laland
. 63V do pfd
Ontario A W
dn 1st pfd
do Id pld
St. LAS. P
do 1st pfd
do Id pfd
8t. L. 8. W
So. Railway ,
ir York Mousy Market.
NEW YORK, Dec. 24 MONEY On call
firm at 6610 per cent; closing offered at 6.
Time money firmer; elxty and ninety daya
and six months, f per cent. Prime mer
cantile paper, t per cent.
STERLING EXCHANOE Firm, with
artutl bualnesa In bankers' bills at $4.8875
fur demand and at $1.83125 for sixty-day
bills. Posted rates, $4.84 and $4.87. Com
mercial bills, $4.82H-.83H.
SILVER Bar, $4.o3. Mexican dollar.
BONDS Government, atrong; railroad,
The cloalng quotations on bonds are as
U. 8. ref. aa, rag 1074 L. A N. unl. 4a 1014
do coupon 104'e Met. central 4a T7V
....107 do lat Inc
lo7Vi Minn, tt St. L. 4S...10IU
....1154 H . K. A T. 4a I74i
Hi "4 do Ids It
....lu N. T. Central Is 101 14
du coupon ...
do aew 4s, rag
do old 4a, reg.
do 6a. rug
itt - ao gen. sho 106
1034 N. J. C. gen. la 1S4H
101 No. Facile 4a 101
4a liil'tk do la 73
do ad. 4a
B A O. 4a ,
do conv.' 4a...,
Canada So. la...,
Central of Oa. to
i n. ac w. e. 4e oe
,...101', Reading sea.
Mi at. L. at I. M. a. 6a..lLlia
io4 it. u a a. r. to.... 07
toe at. L. a. W. la 16
106 '.4 do Ida
do 1st Inc
t p. a. at a. r. 4a....
C A o. 4a 103'e go. Pac'lc 4a sou
Chicago A A. !.... 71', So. Rallwar to 124
C , B. A Q. new 4a.. M Texae A P. la 114
c, m A st p a 4a.ui t , at. lav. a., im
C. A M. V. a. la.... il.1l. Union Pacific 4a 104-v
c , k. I. A P. 4 10ii' do coot. 4a lueu
C.C.C. St at. L. a- 4s Wabash la liu
Chicago Ter. 4a. 04 . 4u . Sd....a,...,i(kn
Colo. A 80. 4a It I da -neb. Bo :.. 7414
D. A R. O. 4a 1004Weat Shore nj
Erie prior lien 4a ts W. at L. E. 4s ti
do gen. ea aa ,mo. central la 11
Pt. W. A D. C. la..
Hocking Vol. 4V,. .
Con. To. 4a.
I oadon Stork Market.
LONDON. Dec. 24. Clnglna Quotation..
Consols for money .11 i-ia ew rork Central. ...lstu
ao m wnuri.
Anacanda "-v do pfd
Atchlaon 644s Ontario at Weatern.
da ofd 102 PsnnsrlranU
Canadian Pacific Ui'i Rand Mines
Chesanealta ft unto... iv sicaaing
Chicago a. w
-.. 14. a at. P....
Itenrer A R. O ...
do 1st pfd
do Id pld
Loulselll It Noah.
Mleenurl. K. a T.
. 3i do 1st pfd
.17', I do 14 pfd
. II Southern Railway..
. 40 I do pfd
. II Southern Paciaa....
, M e 4 aloe Pacific.
. 44 I do atd
. 47 Tolled Stales ataal
.144',' do pfd
. 14' do Dfd
BAR SILVER Steady at 22d per ounce.
. . 41
MU.Nfcr 4 per cent. The rate of dis
count in the open market for short bills
Is 4B4Va'per cent and for three-months'
bills 4 per cent.
Xew Yrk Mlnlna; 4)notatlona.
NEW YORK. Dec. 24-The following ars
the closing prices on mining stocks:
A da ma Con
( omrtock Tunnal ..
Con. Cel. A Va
iLlttle Cblet ...
clmall Hopeo ..
BOSTON, Dec. 24. Clearings, $2J.41$.933:
OMAHA, Dec. 14. Bank clearings, $1.03..
7r9'; corresponding day laat year. I1.SM.
ti85; decirase. lilt.SW 77.
CHICAGO. Dec. 24 Clesrlngs, $2.919.i81;
balances, $1,J8,M6. Htm York exchange.
par. Foreign exchange, sterling, posted at
$4M for sixty days and $4.8J14 for demand.
PHILADELPHIA. Dec. 24 -Clearings,
$S.,1S5; balances, $3,O,0'i. Money, per
BALTIMORE. Dec. 24-Clesrlngs, $3,564.
204 . lalanree, $r80.131. Money, per cent.
t .CINNATI, Dec. 24 Money, per cent.
New York exchange. 40c discount. Clear
bT. LOUIS, Dec. 24-CTearlnga, $7.5!.180;
balances, $S1.970. Money, steady, Byti per
cent. New York exchange. 25c premium.
NEW YORK. Dec. 24. Clearings, $.f,
172,794; balances. $13,899,873.
LONDON, Dec. 24. Money was In setivo
request today and the supplies were short,
considerable cash being owing to the Bank
of England.. Discounts were harder. On
the Stock exchange no business was trans
acted In the mines except In Contangos.
Consols were steady. Americans relapsed,
and there viae a few realizations, but they
were afterward disposed harder, became
Irregular and closed quiet. Urand Trunks
were firm. Kaffirs were maintained.
PARIS, Dec. 24 Prices opened hesitating
on the bourse today, but led by foreigners
they gained aome firmness toward tho clore.
Industrials were firm. Rio tlntos receded
on New York sdvlces, but subsequently
rallied slightly. Kafilra were firm and more
active. The private rate of discount was
1 15-14 per cent. Three per cent rentes,
99f 374,e for the account.
BERLIN, Dec. 24. Business waa hesitat
ing on the bourse today owing to New York
advices, but prices were fairly maintained.
Iron ahares were advanced. Canadian Pa
cific relapsed. Discount Tats for short bills
was 2 per cent; for three months' bills,
IVx per cent.
Celt est Market.
NEW ORLEANS. Dec. 24.-COTTON-Qulet
and steady; sales, 1,959 balea; ord
inary, T4c; good ordinary, 7c; low mid
dling, 7 11-lfc; middling, Sc; good mid
dling, g ll-isc; middling, fair, 9-iic; re
celpta, 24.996 balea; stock, 3. Ill bales; fu
tures, quiet and steady; December, 3 17
S.18c; January, 8.18c; February, 8.23&8 26c;
March. 8.2S(fi 29c: Anrll. 8 31.S3c: Mav.
8o74i.3Sc; June, 3.40i6.41c: July. 8.43D.44c;
August, 8 18c bid.
NEW YORK, Dec. 24.-COTTON Opened
quiet and steady at unchanged prices, ral
lied a point or two and then eased off 3tj4
points, only to turn steadier again, with
the close very steady at a net loss of 2
points to a net rise of 3 points. The In
fluences at work on the market were first
bearish and then bullish. The early ca
bles were unsatisfactory. Early indications
aa to the receipts for the day were under
the mark and the local contingent started
an Incipient raid In the absence of public
support. Later,, however, public support
became somethlntr of a factor, following
advices pointing to sn unsatisfactory show
ing oy tne week enders and tending to
change statistics through large exports
and large home consumption. As the day
advanced local shorts covered and there
was some investment demand, which gave
the market a firm undertone up to the
close. The January situation remains un
changed, such as to keep the market In a
state of uncertainty. Ihe total transac
tions of the day were estimated at 60,000
ST. LOITI8. Dee. 24. COTTON Steadv:
middling, 8vc: sales, 1.000 bales.
LIVERPOOL. Dec. 24. COTTON Snot.
quiet; prices 2 points lower; American mid
dling, lair, o.id; goon middling, 4.681I; mid
dling, 4.52d; low middling, 4.4od; good ord
inary, 4.2d; ordinary, 4.16d. The sales for
the day were 4.000 bales, of which 1.000 balea
were for sale and export, and Included 7,500
Daies. American middling, good, December,
4.50d; December and January, January and
February and March. March and ADrll
4.4934.50d: April and May. 4.61d: July and
August, 4.51d; August and September, 4.45
OIL CITY. Pa.. Dec. 24. OIL Credit bal
ances, $1.51; no shipments; average, 93,320
bnis. ; runs, 102,121 bbls; average, 77.0UO bbls.
SAVANNAH. Dec 24. OIL Turpentine.
nrm, at 40.24.
RO8IN Firm: A. B and C. $1.50: F
31.50; li, Jl.70; H, $2.00; I, J2.35; K. $2.85; M,
$3 36; N, $3.56- W. O., $3.80; W. W., $4.20.
Niiiw iork, Dec. Z4. OIL Petroleum,
firm; turpentine, firm.
LIVERPOOL. Dec. 24. OIL Tumentlne
spirits, nrm, eye. nosin, common, 4s 74d.
Petroleum.- raltned. firm. Unseed nil. firm
is. . vxtoruieti on, ntiu renneti, spot,
aiaaoy, sib t vtn.
NEW YORK Dec. 34. Soot Rio market
quiet; no. 7 invoice. ftVc: mild aulet: Cor.
dova, 7HCfl2c. Futures opened dull and un
changed and continued Inactive, most of
the tranaactlnna representing! switches.
There was no feature In the foreign news;
a nrace or noiiaaya were at nana and the
local trade indifferent. The close wu
quiet at a partial decline of F polnta. Sales
looted up xi.uuu Dags, including: December.
at 4.40c: r eDruary, 1.40c; Aiarcn. 4.711c; May
4.8o(sr4.uoc; June, 4.c; July at 4.90c, and
September at 5.15c,
Evaporated Apples and Dried Frnlta.
NEW YORK. Dec. 24. EVAPORATED
APPLES The market showa the usual pre-
noiiuay dullness, put prices remain steadv.
Common are quoted at 4&5c; prime, S',,"
ic: cnoice, o(fiovsc ; rancy, 113114c.
CALIFORNIA DKIKU FRUITS Snot
prunes are steady to firm, but rather less
active. -Suctatlons range from 3l4c to "4e
ror an graacs. Apricots are steady nt 7VT
12c In boxes and 7Hft'10c In bags. Peaches
also are quiet but steady at 120 ISc lor
peeled and SiglOc for unpeeled.
Nntvar and Molasses.
NEW ORLEANS. Dec. 24.-8lTGAR-DulI;
open kettle, z-nwdsc; open kettle centrif
ugal, 8 7-18'&3c; centrifugal granulated
4 3-16(iMc; white. STe4 1-lrtc: yellow, JH
4c; seconds, zsrud o-loc. Molasses, quiet;
open kettle. i?'i.zc; cenimugai, id.'ic.
NEW YORK. Dec. 24. BUG A R Raw
Bteady: fair refining, 3 7-16c; centrifugal, 0J
test, 3 lb-inc. Molasses sugar, JJ-ltic. Ho-
fined, steady. Molasses, quiet.
CHICAGO, Dec. 24. WHISKY Steady at
ST. LOUIS. Dec. 24.-WHISKY-Steady at
PEORIA. Dec. 24.-WHISKY-On the basis
of $i.sl for nnishea goods
CINCINNATI. Dec. 24 WHISKY-Distll-lers'
finished goods on basla of $1.31.
Dry Goods Market.
NEW YORK, Dec. 24. DRY GOODS
Buying of heavy brown cottons for export
to China continues and the tone of the
market for these goods is firmer. There
Is no change in the home demand of any
moment. Print cloths are quiet,, but
ateady. In woolen goods business, is mostly
In kerseys for overcoats and cloaks and
prices are Arm.
Gold la Transferred.
NEW YORK, Dec. 24 The subtreaaury
today paid out $250,000 on telegraphic order
from San Francisco and transferred $500,000
to New Orleans for local banks.
The total transfer for the day to New
Orleana was $560,000.
ST. LOUIS, Dec. 24 -WOOIFIrm: me
dium gradea and combing, 1720tyc; light
fine. 1619c; heavy fine, 13f15c; tub waahed,
NEW YORK. Dec. 24. WOOL Firm.
SUPREME COURT SYLLABI.
Opinions filed December 17. 1902. ' The fol
lowing opinions will be officially reported:
10424. Ayres against Wolcott. Appeal
from Merrick. Former decision modified.
Judgment. Holcomb, J..
1. To aet aalde a conveyance of real ea
tate on the ground that It la fraudulent aa
to aubaequent creditors, such a creditor
muat allege and prove that auch convey
ance waa made with Intent to defraud
subsequent creditors snd In contemplation
of auch future Indebtedneaa. .
2. The allegations of a pleading and ths
proofs thereunder must agree.
$. Where It Is alleged that conveyances
of real estate were made to defraud exist
ing credltora and tha proof ahowa such
conveyances were executed and delivered
prior to the Incurring of ths Indebtedneaa
the petition under the proofs will not. aim.
tain a Decree In favor of the plaintiff.
. r.viaence examinro. ana aa to two of
the alleged fraudulent grantees held auffl
cient to support the flndlnga and decree of
the trial court In their favor.
5. Where conveyancea of real itQ t
which have the effect of hindering, delaying
or defrauding existing credltora are ex
ecuted In favor of the relatives of the
grantor, It la tha rule In this state that
auch grantees are required to ahow by
aatlsfactory evidence the bona fldea of the
A On rehearing the decision In Ayrea v
Walcott et al . 42 Neb., 806, la modified, and
as modified adhered to. a
102. County of Saline against County of
Gage. Error from Gaga. Affirmed. Albert
C. Division No. $
1. The liability of a county to contribute
for the coat ot the construction or repair
of a bridge on a highway extending along
the line between that and an adjoining
cotgaty Is purely statutory, and the statu
tory liability Is baaed on aectlons 87, 88 and
89, Compiled Statute.
1 When such bridge Is constructed snd
the entire coat thereof paid by one county
no esuae of action arises againat the ad
joining county for contribution In tha ab
sence of a contract In that behalf to which
the latter county la a party.
X Where repairs oa such bridge arc paid
for wholly by one county In ths sbsence Of
a contract (n that behalf, to which the
other county Is a party, no cause of action
arises against tne latter unleee It haa re
fused to enter Into a contract therefor.
4. That the latter county allowed Ihe
work of construction to proceed without
objection and when completed guarded the
approaches to the bridge, and that Ita In
hsbltar,ts uaed the bridge, would not top
ine county nor its taxpayers rrom denying
the validity of a claim presented bv the
former county to the latter for half the
cost of such brldKc.
5. That such rltlm was allowed bv the
board of the latter county Is not available
as an estoppel on an appeal from the order
allowing such claim.
11156. Clark against Thornburg. Error
from Quite. Affirmed. Sedgwick, J.
1. If the locaMnn of section and quarter
section corners by the original government
survey can be ascertained they are not to
be moved, but will control all other nir
veye; but wnen the marks of the govern
ment survey have been obliterated, and the
location of the corners by that survey can
not be established by witnesses who know
where they were located, resort must be
had to other evidence, and In the absence
of any other proof the measurements indi
cated by the field notes of the government
survey must control.
2. Where a division line. stmnoHed to he
the true line established by the government
survey, has been acquiesced In by the par
ties Interested for more than ten years. It
Is conclusive evidence of the location of Ihe
boundary line; but whether such line was
agreed upon, or has been acquiesced In aa
the true division line. Is a question of fact
t be submitted to the Jury In a proper
U8G0. Eaton against Eaton. Appeal from
Otoe. Reversed. Sullivan, C. J.
1. There ran be no valid marriage with
out the consent of the atate, and a positive
prohlblt'on does not evidence consent.
2. It Is not the policy of the divorce law
to encourage bigamy. Therefore, a person
who has been released from wedlock by
Judicial decision Is not permitted to Indulge
the hope that If he marrv arfaln In violation
of the statute the marriage will be valid
unless the decision Is reversed.
S. Section 45, chapter xxv, Compiled Stat
utes ior isui, is preventive and not merely
repressive. It Incapacitates a divorced
person from contracting a valid marriage
while the Judgment divorcing him la sub
ject to possltile reversal.
4. In this state the only essential of a
valid marriage is the free consent r.f com
petent parties to live together In the mar
5. Where a marriage contracted In good
faith la void by reason of some removable
Impediment, the parties may, after the Im
pediment has been removed, become law
fully vnlted by continuing to live together
with the Intention of sustaining toward
each other the relation of husband and
wife. And even where the existence of the
Impediment anil its removal were unknown
continued cohabitation evidences consent
to live In wedlock.
. Changes or modifications of existing
statutes as an Incidental result of adopting
a new law covering the entire subject to
which It relates are not forbidden by sec
tion 11, article til of the constitution.
11NH2. Union Stockyards National Bank
of South Omaha against Bonrd County
Commissioners of Thurston County. Error
from inurston. Reversed and remanded.
Oldham. C. Division No. 2.
11994. Gillian against McDowall. Error
from Nuckolls. Reversed, with Instruc
tions. Pound. C. Division No. 2.
1. An assignee of a mortgage whose as
signment Is not of record Is barred by a
decree foreclosing a prior lien in a suit to
which his assignor, who appeared of record
as owner of the encumbrance, was made a
party, unlese he recorJs his assignment
prior to the recording of the deed under
Judicial - sales pursuant to such decree.
Goodwin v. Cunningham, 54 Neb., 11, dis
tinguished. 2. A decree of foreclosure of a prior lien
In the ahwence of an express adjudication
based upon proper Issues will not have tha
effect of determining the validity or stand
ing of a subsequent lien as between the par
ties thereto, nor of preventing the subse
quent encumbrancer from enforcing the
same, ss to such parties, against the prop
erty or anything representing It In their
4. A mortgagee Joined as a party defend
ant in a suit to foreclose a tax lien may not
be sued by the Initial letters of his name
under section 2S. Code Civil Procedure, al
though so designated In the note and mort
gage by virtue whereof he claims a Hen
upon the property In controversy.
4. In such case the proper course Is td
proceed under section 141, Code Civil Pro
cedure, by stating In the verification of tha
petition that the true name of the defend
ant could not be discovered and obtaining
personal aervlce of summons aipon him.
5 Unless a defendant sued bv the Initial
letters of his name under section 148, Code
Civil Procedure. Is served personally or
makes an appearance In the case, the Judg
ment or decree rendered therein Is not
binding upon him. . . 1
8. As taxes on real property are a lien
upon the land itself, not merely on some In
terest tnerein, wnere a tax lien is fore
closed within the time fixed by law, but
subsequent encumbrances are not barred.
such encumbrancers are not relieved of the
necessity of redeeming therefrom. In a
suit to assert their liens, by tne fact that
the ststutory period for foreclosing the tax
lien has expired. Merrlam v. (Kiodlett, 36
Neb.. 384. followed: Goodwin v. Cunning
ham, 54 Neb.. 11, distinguished.
12176. McCoy asalnst Lane. Error from
Douglas. Reversed and remanded. Albert.
C. Division No. 8.
1. A guardian has authority to bind the
estate of the ward by a contract for serv
ices reasonably necessary to the preserva
tion or management of such estate.
2. Where auch contract provides that pay
ment for such services shall be made out
of the estate of the ward the fact that the
guardian signs It In her individual, aa well
as In her representative capacity, doee not
make her a necessary party. In the former
capacity, to an action thereon, where It ap
pears from the contract as a whole that It
was not intended to bind tne guardian per
3. A claim for services rendered In. pur
suance of such contract In within the pre
pare lurisaiciion 01 ine county court grant
ing tne letters or guardianHnip. and mav
be enforced In such court as a claim against
ths estate or tne ward.
4. -Where such court acquires Jurisdiction
to Issue the letters of guardianship and ap
points tne guardian, tne ward residing:
within the lounty. It acquires Jurlrdlctlon
of the partlea for all purposes of such mat
ter, and no summons is required to obtain
Jurisdiction of the parties for ths adjudi
cation of clalma duly filed againat the es
tate. 5. That the compensation provided in the
contract la to be meaaured by tne value of
the real estate of the ward) and that auch
claim, if allowed, must be paid out of the
real estate for want of pemonal property
belonging to the estates, does not make
auch proceedings an tctlon concerning real
property, nor deprive the county court aa a
court of probate of Jurisdiction.
. wnere it appears tnat sucn contract be
fore it waa acted upon waa nubtnltted to tne
county court, and was ratined and ap
proved by It. In the petition for the allow
ance of a claim' for the amount due on
auch contract addressed to the same court
or to the district court on appeal from
auch court. It 1a not necessary to allege
that the compensation sped nod In the con
tract is reasonable.
12713. Baty against Klrnad. Error from
Madison. Affirmed. Loblngier, C. Divi
sion No. 1.
1. As between Individuals possession of
land acquired from the federal government
may become adverse from the moment the
entryman la entitled to his patent, and if
there la no evidence aa to when he became
so entitled tt Is proper to refuse an Instruc
tion, which leaves- It Jo the Jury to deter
mine when the norsesslon became adverse.
z. wnere In an action ot ejectment de
fends nte rely on a paper live inu also st
sn alternative defense upon adverse pos
session, an Instruction which defines the
latter, though tt Ignores the former de
fense, is not prejudicial to plaintiff.
3. In thla atate potscaslon may be ad
verse, though the claimant occupies under
mistaken belief that the land la actually
part of another tract and that the true
boundary la different than It really la.
4. Evidence of admissions uy an occupant
tending- to show that hla poaaegslon waa
not adverse, but which were not made until
after aufficlent time had elapsed to vest
he title In him by adverse possession. Is
a. in Determining nounaary lines Between
lands the testimony of a nonexpert who
claims to have located the line from gov
ernment monuments then In existence, may
be accepted by the Jury In preference to
hat of surveyors wno nave iiintienuentiy
located a different line Independently of
6. An ax-eemrnt between adjacent land
owners Aa have the exlxting boundary line
resurveyed is not auch an admUelun of its
Incorrectness aa will Interrupt a claim of
adverse possession by either
12231. County of lxgan againat Carnanan.
Appeal from Logan. Reversed. Sullivan,
C. J. ...
1. The collection or a land tax by juoicihi
aale, wltnout an antecedent sale by the
county treasurer, la not forbidden by the
ronetltutlup. but la contrary to the pro
visions of the revenue law.
2. Section 3. article Ix. or the constitu
tion, which provldea that the right of re
demption from all aalea of real estate fir
the nonpayment of taxaa or BMH-lal aoaeHa
tnents shall axlat In favor of the owner fur
not leas than t o years, refers uotn lo ad
ministrative and Judicial salea
$. It Is wltr.ln Ihe power or the legisia
ure to authoils a judicial aale ot land
for the nonpayment of taxea without a
prior administrator aalu. but In eucn caaea
he purcnaser wuum tine ine imin euojeci
o the owner's c-tmstliutlonal right of re
. ft. q 1. urucie v, 01 uie revruue nw,
considered apart, does not give no action
for the foreclosure of a tax lien hsf
cluslvely upon an assessment and levy,
but In connection with the suci-eeillng sec
tion It gives, or did give, sn action for ths
lorecloeure of a tax deed or tsx sale certl
ncste. 5. As the law now stands no action for
the foreclosure of a tax lien can be main
tained unless based upon a tax deed or tax
t. The remedies provided by the legisla
ture for the collection of taxes upon real
estate, being adequate and elllctent, are
12215. Cunningham ngalnst Holmes. Error
from Dawson. Affirmed., Hastings, C.
Division No. 1.
Where a negotiable promissory note has
been, before Its maturity, duly Indorsed
and delivered In escrow wllh the contract
of Its purchaser to convey In considera
tion of It certain land, and proceedlnga
were necessary to enable the purchaser of
the note to convey the land and carry out
the contract for which the note waa taken,
the fact that such proceertltiHS were not
C tnpleted and the contract not fulfilled, and
the note not delivered by the depository to
the purchaser until after It matured, will
not deprive the buyer of the rights of a
bona tide purchaser" before maturity whero
he has completed the transaction In Ignor
ance of anv defense.
12275. Anderson against Server. Error
from Lancaster. Affirmed. Oldham, C,
division No. 2. Unreported.
Evidence examined and held sufficient to
aiistntn the judgement.
12288. Ketrhtim ugalnst Ply. Appeal from
Sherman. Affirmed. Duffle, C, division
No. 3. Unreport-d.
123V. Lindeaood against Easton. Appeal
from Dakota. Reversed. Amea, C, divi
sion No. 3. Unreported.
12321. Caasell asalnst Ashley. Error from
Clay. Affirmed. Albert, C, division No. 3.
Where an anneal la taken from an order
of confirmation and a supersedeas granted
nd a receiver of the mortgaged premises
Is appointed pending such appeal, a tenant
of the mortgagor Is entitled to the crops
growing on the mortgage premises at tne
time of such appointment, as sgalnst such
receiver, whether such crops ars mature
12323. Hammond 4 Hammond sgalnst
King. Error from Nuckolls. Affirmed.
Kirkpatrick, C. division No. 1. Unreported.
1. An instruction presenting a new Issue
In the case, which has not been raised by
the pleadings or litigated on the trial. Is
properly ret used.
2. Evidence examined and found sufficient
to sustain the verdict of the Jury and tha
K.137. Omaha Bridge and Terminal com
pany against Reed. Error from Douglas.
Affirmed. Hastings, C, division No. I. L'n- .
1. A mortgagee who Is a party to con
demnation proceedings for right of way
over premises has a right of appeal from
award of damagra for the taking of such
premises Independently of the owner of the
2. Such right of appeal on behalf of a
mortgagee Is not lost nor suspended by
the tiling of a claim for payment of thn
mortgagee against the estate of the mort
gagor. 3. Evidence In this caae held aufficlent to
sustain an award of damages for $5,059.
12338. Supreme lodge, S. and D. of Pro
tection, against Underwood. Error from
Cherry. Affirmed. Albert, C, division No. 3.
1. A certificate of membership In favor of
a person therein named as beneficiary In
a fraternal insurance company organised
for the benefit of its members and bene
ficiaries. If not voided by the suicide of the
assured, In the absence of a provision In
the contract of Insurance to that effect.
2. Where It Is claimed that the application
Is a part of the contract of Insurance, In
such company, such fact must appear from
the language of the policy, application, con
stitution or bylaws of ths company, or by
apt averments in the pleadings of the party
thus claiming that It Is,
12339. Brabham against County of Custer.
Error from Custer. Affirmed. Pound, C,
division No. 2. Unreported.
1. All orders made and proceedings had
by a county board In the establishment ot
a road are required to recorded, hencs
an error from an order establishing a road
such proceedlnga can be shown only by u
duly certified tranacrlpt of the road record
and a properly aettled bill of exceptions
containing such matters considered by the
board aa were not to be recorded.
2. The original files and papers are not a
transcript within tha meaning of section
$46 of the Code of Civil Procedure, and
cannot take the plaee thereof nor supply
S. It Is not necessary to enter upon the
record an express finding that ths public
good requires the road to be opened.
4. The words "et si" following the name
of parties to a petition -In error are not a
sufficient designation of any persons not
expressly named In the petition, even
though such persons were parties before
the inferior tribunal.. .
12346. Miles against Walker. Error, from
Frontier. Comml-.ialoner's opinion. Division
No 1. Unreported.
12354. Bollinger sgalnat Knox. Error from
Otoe. Affirmed. Oldham, C, division No
1. Defenses to a petition for distribution
under a will which allege that the cross
petitioner was omitted by mistake from
the will and alao that she la provided for
In the third clause of the will are incon
sistent and a rule of the county court re
quiring an election on which of these de
fenses the cross-petttloner will proceed is
2. A will contained a specific bequest to
one living child and a clause bequesting
"all the residue of my estats. real and
personal, to my other children," naming
them, "share and shsrs alike," and also a
condition that "If any one of my children
nhflll rile. In mv .life lime Ijiavlnw lue 11 a n.
'descendants, I direct thai hU or her share
shsll not lapse, but shall be paid to such
descendant In equal proportions;" held,
that the heir at law of a child who waa
deceased before the execution of the will
la not entitled to participate In the distribu
tion of the residue of the eatate under thla
12351. Fremont Foundry and M. company
against Norton. Appeal from Butler.
Barnes, C, division No. 2. Unreported.
1. The acceptance by the creditor of a
debtor's rheck for less than the whole
amount of a past due liquidated account
will not operate as an accori snd satisfac
tion, unless such check is accompanied by
the condition that auch acceptance ahall be
a full satisfaction and payment of the
2. A check for a less amount than the
contract price for a stesm boiler was sent
by the debtor to the creditor without any
condition as to Its acceptance and with a
statement in the nature of a set-off or
counter claim which, if allowed, would bal
ance the account. The check waa accepted
and the amount thereof credited on tha
account: the debtor waa immediately noti
fied of that fact, immediate payment of ths
balance was demanded and the debtor waa
Informed that hla claim would not be con
sidered. Held, that the acceptance of the '
check waa not a bar to an action to recover
the balance 'of the debt.
3. Evidence examined and held aufficlent
to sustain the Judgment.
12276. Oakiry against Csrr. Error from -Incaster.
Reversed. Loblngier, C, divi
sion No. 1.
1. Notlcs of dishonor of a promissory note
Is sufficient If sent to ths laat Indnraer by
the first mall of the day following dis
honor, even though such Indorser Is an
agent for collection merely, and he Is en
titled to one additional day to notlfv tha
Indorser Immediately preceding him.
2. Where such last Indorser receives ths
notice of dishonor on Saturday hla notlrs
on the next prior Indorser Is timely It
served on the following Monday. -
3. The notice served by the laat tndoraer
need not be actually prepared by him, but
he may adopt and utilise for that purpose
a notice aetit to him by the proteatlng of
ficer addressed to the next prior Indorser.
4. In an action on a promissory note, sn
averment by the holder that he caused due
notice of dishonor lo he served on the last
Indorse.- but one la sufficient, In the absence
of a motion to make more specific, to admit
evidence that the notice waa given to the
last indorser and by him transmitted to the
one next prior.
12355. Smith sgalnat Boyla. Error from
Kearney. Affirmed. Duffle, C, division
1. A tenant has a reasonable time after
the termination of his tenancy to remove
his family and personal effects, and Is en
titled lo free Ingress and egress for thai
2. A tenant does not forfeit his right tr ,
personal property belonging to him by neg,
lectlrg to remove It within a reasonable1
time after the expiration of hla lease
3. A tenant who Is denied the right of
entry to remove hla gooda may treat suck
refural aa a converaluu. ,
P. B. Weare. Pres. C. A. tVeure. V-Prsa
WEARE COMMISSION CO., CHICAGC
UmmVR Vtfr.;w Pntr--
UllAIV IR4VI4,,. M-oESJai riOKDI
Bought and sold for rash or
future delivery - .
OMAHA BRANCH .110-111 board of Trad.
Telephone !516 rao
W. E. W.rJ. lxcal i-nagef .
HIP I S TOt H '
STRANGE BROS. HIDE C0.;
loss city, lawg.
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