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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 24, 1903)
THE OMAHA DAILY UKE: TUESDAY, FEDIU'AKY 24. 100.1. OMAHA LIVE STOCK MARKET Beaf Btaera and Cowi Bold at Stead Plms ith Clots of Li't Week. HOGS SLOW AND FIVE TO TEN LOWER heea and Lambs ntlnned Otto Desnsnd and Trsdlna; ftslea AetWs with Prices rally Steady with Last Friday. SOUTH OMAHA, Feb. 23. ' Receipts wer: Cattle. Hog. Sheep. Official Monday 4.6IJ ." 4,i4 Kama (lay laat week 4.43 2.4i Sam week before 8.4o 6.o .'! Same tnr.e weeks ago... a.oui .26 Kama lour weeks ago.... 4.2Z1 s,lf .t4 Same day laat year 2,i M 1.3il RECEIPTS FOR THE YEAR TO DATE. The following; table ahowa the receipts of cattle, hogs and oheep at bouth umana for tho year to date, with comparisons wan last year. J Inc. Dec. Cattle lit," 121,118 14, Hogs 34i.27w 4ju,m2 as.262 Sheep ls3,2iH lli.i?8 66,uj7 Average price paid lor nog at South Omaha ror the last aeverai uus with cuia parlsous; Date. 180S. 12.1901.1900.1I8.188.!S97. Feb. 1... Feb. .... Fab. a... Fab. 4... Fab. t... t I2 8 22 I I83 8 SD s ll 6 U 3j 16 i ill wi a m 8 K t 2K 2i 00 ( Olj k S2 v4 a i a i 1 24i a ? a ai a ai a 2i 8,'i 3 4 4 B 3 64 4 2 8 '! IU I 64; 3 27 lililll 3 73 3 M a 72i a 68 TO I u I '.; 8 741 7111 7si 7vl "Sr UVI at. .Til 7 03HI 97 HI 9 ct ' i 4 7h t Ml 4 M I Ml 4 7o, I 4 M S 70 4 au a 71 a lit 3 3i I 3 13 7M Feb. .... Feb. 7.... Feb. I... Feb. ... .Feb. 10.. Feb. 11.. 'eh. ti.. 3 ill 3 23 I 71 3 2 I 71 3 1 I 76 8 3 3 71 3 37 a 7i a i I 77 3 So 4 78 a il -t 4 82 3 A .1 3 J 8 611 3 in Feb. 13... Feb. 14... Feb. 15... Feb. Is... Feb. 17... Feb. is... Feb. 1... Feb. 20... Feb. 21... Feb. 22... Feb. 23... 30 4 "6 3 6i 4 7b 3 5 4 83 3 M; 4 7 3 M 3 621 4 S3 4 78! S D0 4 74 3 47 4 89i 3 t 4 63 3 6S 1 3 3 89 3 3 3 U 3 34 3 S4 3 36 3 b"il 3 31 3 81 3 38 I 3 3a 3 85 3 84 1 3 li 3 81 1 3 36 am 5 791 a 7H t 22 a a 23i a mi a so S !Xi a ni a iii a a 29 82, a 32 Indicates Sunday. The official number of cars of stock brought In today by each road was: Roads. Cattle Hogs. Bh'p. H'ses. , C, M. A St. P. Ry... 14 1 1 1 Union Pacific system. 16 23 4 7 C. N. W. Ry 10 27 F., E, M. V. R. R.. 69 22 10 C St. P., M. & O.... 82 6 .. 1 B. & M. Ry 31 11 6 4 C. B. A Q. Ry 7 1.. C, R. I. as P., east.. 3 3 4a, R. I. A P., west.. 11.. Illinois Central 14 a Total receipts 197 106 30 13 The disposition of the day's receipts was as follows, each buyer purchasing the num ber or neaa indicated: Buyers. Cattle. Hogs. Sh'p, Omaha Packing Co 844 1.322 632 Swift and Company 1,1m 1,559 650 Armour tc Co 1,19 1.40S 2,350 Cudahy Packing Co 8" 1.2.12 1,298 Armour, from Sioux City.. 103 2,667 Vansant & Co 21 Carey Beneon 31 W. I. Stephen 39 Hill A Huntslrer 33 L. F. Hung 60 Wolf & Murnan 21 B. F. Hobblck 14 Iennl8 1 "Werthelmer 61 Hamilton & L. Rothschild 145 Other buyers 3t! 261 Total. 4,811 5,291 CATTLE There was a liberal run of cat tle here this morning, but the local demand seemed to be sufficient to hold prices Just about steady. The quality of the bulk of the cattle was only lair, so that the sales on paper do not look particularly high. There was not the anap to the beef steer trade today that characterised the market toward the close of latt week. Buyera did not start out very early and did not take hold with any great amount of life, so that the day was well sdvanccd before a clear ance was made. The bulk of the cattle, though, sold at just about steady prices as compared with laat Friday. The quality of the offering! was not at all good, and there were no finished cattle on sale. The cow market was also Just about teady with last week. There waa a little more life to the cow trade than was noticed In the ateer market, but still cows were not what would be called active. The bulk of the offerings, though, changed hands in reaaonably good season, and there was not enough change In the prices paid from those In force at the close of last week to be worthy of mention. The bull market waa Just about aa slow as It has been for some little time past, and prlcea were no more than steady. Veal calves met with ready sale and were un changed In price. There were only a few stockers and feed ers offered, and as speculatora cleaned up their last week's supply In good shape tho market today waa lairly active with Rood stuff in demand at fully ateady prices. Oood cattle were so scarce, though, that buyera had to take the commoner kinds or go without, so that all kinds sold without much trouble at fully as good prlcea as were paid last week. Representative sales: BEEF 8TSERS. Ke. 1 4 S , t t 4 a 4 1 1 11 4 14 II IS II II tl 43 II 14 30 14 I Kl 14 11 , 0 II , M ia At. Pr. No. I 17 10 . 1 I to I 10 II J 4t II to K .... II to II II It II si ll in ti t 10 4 II I 1 ,: At. ..1201 ..1127 ..1261 ..10 ..1290 ..1137 Pr. 4 10 4 20 4 10 4 to 4 20 4 25 .. 170 t 00 1 u I u .. irr ,. n& 1 To ..UM Tl .. Ill I 10 .. SM 0 ., Kt IH ..HO IN .1141 4 2S ..120 4 21 ..1111 4 24 .n 4 00 ..111! ..1121 ..116 . .1264 ..1UJ ..ml ..1141 4 21 .1251 4 00 4 21 4 ti ' 4 10 4 M l 4 S 4 IN Mil 4 00 4 10 4 10 4 30 4 10 ....111! ....I'M! ....MM ....loii ....H ....1071 ,...1100 10M ....1140 ....111 ....1000 4 01 4 OS 4 4 W 4 M 4 OS 4 10 4 II 4 10 4 10 4 10 ..1MI ..1140 .ltM 4 IS .ISM 4 U ....1304 ....1176 4 M 4 IS ....1110 4 31 ....11M 4 40 ....1111 . ...12M) ....1400 .... 1 Ml ....ia 4 40 4 40 4 4S 4 10 4 M) tnI 4 II ..! 4 II ..tint 4 11 .I07 4 II 4 II 4 W 4 10 4 M ..1321 4 10 ..1U0 4 so ..1420 4 M . .1160 4 M ...1M6 ...lira ..I2M 1071 1411 4 It STEERS AND HEIFERS ....1200 4 IS STEERS TEXAS. 4 o STEERS AND 8TAOS. ....It'O 4 40 STEERS AND COWS. tot 3 SO COWS. ito t 1 t iito 1 to 1 T10 I 2 t 1IMI0 t M 1 1 I tt I mil I 21 1 iTi t a T....M ni in t MOO t U I MS 1 t 170 I JS I Its I 1000 I 10 I ...1143 t tl I 70 1 40' II HI S 74 a m a 40 1 iu t is jr..... Mi tii is W4 its 1 i m it si in 1 llM t M T ions I 10 10IM I M It 1041 t M I ISO I M 1 17 3 to 1 1U10 t 10 It ffl I 15 1 TVO t 10 . 11 ,)0 35 1 144 t SO II 171 t 3S I 143 ito im lit 4 .... M ISO 10 40 4 w I 10 1 n 1 40 K'04 t W ' I Too I 40 4 1 t M 1 1110 I 40 t IN IN t 1I4S I 40 4 M IU 1141 I 40 I IN I N 4 ion? I 40 t -...low 1 4 11 107J I 46 t 10 I 18 4 1120 3 60 t 7S0 t S 1 1070 I So I IN I W IS 1033 I SO USO t N t 10M I 60 I IM t M t 1 M f W IN I.... n,l 1 m 0 10M t M IS MA I SS I Ml I N I ai I SO I loss t 10 1 101ft I M !..... "I t N t 134S I M ITS S N 1 1114 I St 4 NT t N I UM l u t I03 t N II IIS 1 m 1 11M I N t Iltl I s I M IM 1 1M I 4s I Ill I 00 '4 kl I t 1070 t 00 tt H7I I 70 4 IMT I M . 1 1143 I TO II SSI I SI t UTS I Tl I Ill t 10 t 140 I Tl 1 1000 I IS 1 1041 t TS t so 1 11 to una 1 ts H4 II t 1! t Tt 1 ! I 11 T mi 1 n 1 1110 t ii sa iim 1 ss 14 ions I 11 10 i 1 ss 14 I'll IN 14 1.1, IT 9 1 1N I M to Illl so tl 3 t I , W 4 10 COWS AND HEIFERS. 34 171 I HEIFERS. I 0 MS 1 16 t I W IH 1 IS M IN S IT 6T t N a su t ti 1 I Ill I Tt 4 4 110 I N I M IN BULLS. 1 ion 1 ts 1 J, Us I 31 i. .. ITI I It .. IW I II ..1(116 I 40 ..MIS .. S4S I 4! .. MO I 10 ..in lis I N I W I 1?10 t SO I I4 t Ml 1 1?0 J OM 1 ISM I 10 1 1.40 1 US t ISN I IS I llHO I TS 1 I7N I IS I 40 t 71 I Hl'l I JS 1 1410 I IS I IM I lo 1 Ill 1 2 I li0 I 1 110 I MS 1 ISM t 3S 1 Jrt I So 1 ISSO t 40 I I1SS 1 IO 1 14M t 40 1 11)0 I " I 140 I 4 I yi I cm 1 640 I 4o CALVES. 1 o 4 im I IM 4 on in 174 I i 1 2: I 00 7 I 7 6 SO t 166 4 1 too I TS STAGS. 1 10 4 Oi, STOCK COWS AND HEIFERS. 1 71 t 41 I rt I 40 I SM I Mi 2 ISO 2 70 STOCK CALVES. I '. IM I 76 I 370 I Ml I I7 I 3i t J1 4 00 1 340 3 So 1 147 I Su STOCKERS AND FEEDERS. t HO I S'l 1 76 I 75 1 40 I On It (71 3 TS 1 670 I 00 4 M7 I SO 10 II 3 (W 1 14." I Ml I Ir, I 26 4 M7 3 33 14 :.1 3 26 2 SI. I SS 17 SM 3 IS 27 712 3 SS 12 471 2 36 1 140 I 10 1 ISO I SO !0 7SI 3 N 1 IM 3 SO 1 40 I 00 25 670 I 65 7 125 4 M I SS4 3 on tl :12 4 os 4 1026 I 70 14 125 4 20 1 110 t 75 :i 7.15 4 2 1 743 I TS 13 1040 4 30 1 714 35 HOGS Receipts of hogs were liberal here today, so that, although twenty-two cars were consigned direct to packers, there was a larger number on sale than usual for a Monday. The market opened very slow and generally 6&1ic lower than the close of last week. Bellers thought they ought to get more moncv than that, so trading wh extremely alow from start to flnich. Pacaers were looking for a big run for tomorrow and would not raise their bids. Medium weight rings sold largely around W.SO, while prime heavyweights sold from 36.9S to 37.06 and the light stuff sold from I.is6 down. The last half of the market was extremely slow and weak. Representative sales: No. Av. Sh. Pr. No. Av. Sh. Pr. 43 154 ... 6 40 66 24 ... V2 42 197 ... 6 Kl H2 229 f) IK) 29 2" ... 6 K6 7 2M W) 24 72 26 ... 6 Sfi 65 24D i 6 92".j 69 221 M (S6 72 244 SU H-V 71 210 ... 6 85 60 21S ... 6 Ml, S7 2iM ... 6 5 24 29 ... 6 921 Sh m 40 874 H2 238 ... 6 96 92 219 ... 6 87i, M yM 6 So 74 216 ... 6 " 73 246 SO 6 95 6ti 2ii ... 6 871 an, ... A 96 72 222 160 6 90 76 266 ... 6 95 82 243 ... 6 90 66 246 ... 6 9i 76 226 ... 6 91 27 274 40.6 96 71 227 ... 6 90 H 220 ... 6 95 88 221 ... 6 90 73 234 80 6 95 76 216 ... 6 90 82 245 40 6 95 66 223 80 6 90 64 20 ... 6 95 81 190 ... 6 90 67 255 SO 6 95 60 235 40 6 90 74 226 80 6 95 61 221 ... 6 90 86 233 ... 6 95 61 245 40 6 90 6S 2M ... 95 71 231 ... 6 90 62 249 ... 6 95 69 224 ... 6 90 19 2S6 ... 6 97H . 77 227 ... 6 90 60 240 ... 74 66 235 ... 6 91) CO 264 ... 6 7V4 72 232 ... 6 90 63 262 ... 6 7Vs 47 258 ... 6 90 64 278 80 97M: 73 233 ... 6 90 75 263 40 7 00 70 231 ... 6 90 6 2i3 ... 7 00 74 232 ... 6 90 m 265 ... 7 00 73 225 ... 6 90 66 281 80 7 00 81 225 80 6 90 W 2b3 ... 7 00 66 204 ... 6 90 64 2iS 120 7 00 70 226 40 6 924 67 262 80 7 00 79 229 ... 6 9ji, 64 303 80 7 05 70 246 120 6 92'4 68 318 120 7 Oo 65 234 ... 6 9:' j 57 246 210 7 05 67 243 ... 6 12', SHEICP There waa only an average run of sheep and lambs here this morning and the market opened brisk and fully steady. Packers seemed to be Just as anxious tor supplies as they were last week, so that everything sold as fast as unloaded. Year lings sold as high as 35 66 and ewes brought I4.6i. Choice lambs were very scarce and In fact there were none at all that werj anywhere nesr finished, so that the sules on paper do not look very high. Considering quality, though, the market on iambs was fully steady. Feeders were again in light supply and the market showed no quotable change from the close of last week. Quotations: Choice lambs, 506.?6; fair to good lambs 36.51 41 6. 25; choice Colorado lambs, $6.5(V37.00; choice lightweight year lings, $6.66'(i6.00; choice Heavy yearlings, S5.4ofe5.65; lair to good yearlings, S5.oorji5.50; choice wethers, 36.2of&o.50; fair to good. 34.75 4.1 5. 2o; choice ewes, 4.5o&4.i6; fair to good ewes, S3.75&4.26; feeder lambs, I4.75i6.5u; feeder yearlings, S4.2&44.75; feeder wethers, t4.UKfi4.66; feeder ewes, 33.003.60. Repre sentative eales: No. " A v. Pr. 3 cull ewes 76 3 00 47 cull ewes 78 2 00 13 bucks '. ..; 128 3 00 6 cull lambs 44 I 25 I cull ewes 65 2 50 1 buck 110 3 60 204 feeder ewes 76 8 75 2 gaats 90 4 00 62 western ewes lul 4 00 16 western ewes '.. 91 4 00 335 western ewes 86 4 00 129 feeder lambs 50 4 25 23 feeder yearlings 72 4 50 222 western ewes 103 4 60 366 western ewes 114 4 65 6 western yearlings 82 6 25 2S0 western ewes 91 6 25 45 western lambs 69 ' 5 25 63 western lambs 51 6 40 7 western wethers 115 5 40 II western wethers I08 5 40 366 western yearlings 81 6 65 2d5 western lambs 68 6 20 7 stags 122 2 25 210 wester 1 ewes 81 3 25 11 cull ewes 80 2 00 180 bucks 112 3 82 western ewes 91 4 00 1 wextern ewe 70 4 60 392 western wethers . 86 6 50 50 cull ewes 93 3 00 176 western ewes 91 4 10 267 western ewes 95 3 to 28 western ewes 116 4 66 7 cull yearlings 68 4 75 249 western yearlings 81 6 50 446 western lambs 77 26 CHICAGO LIVG OCK MARKET. Cattle Hlsrher, Hoars Tarable, Sheep and Lambs Barely steady. CHICAGO. Feb. 23. CATTI.RHcelnta' 25.000 head; strong to 10c higher; good to prime steers. S6.5t6.80; poor to medium, I3.254j4.50; stockers and feeders. S2.354j4.60; cows, SI. 40(64.6o; liHfrg, S2.0iV4.75; rann?n S1.4o42.6o; bulls, 12. 25ft 4. 40; calves, S3.25fc8.d0; Texas fed steers, S3.5n4i4.26. HOGS Receipts, 43,uoO head; estimated tomorrow, 26.O00; left over, 12,000; opened 6(il0c lower, closed on another 6c decline; mixed and butchers. S6.8f.47.20; good to choice heavy, S7.25tf.46; rough heavy. 16.90 67.25; light, S6.504j6.90; bulk of sales, S6.95 7.25. SHEEP AND LAMBS-Receipta. 22,000 head; sheep steady; lambs steady to 10c lower; good to choice wethers. as.0rshS.7K: fair to choice mixed, S4.O0aS.00; western sheep, S4.75ot5.75; native lambs, 3t.75ij7.25; western lambs, Sl.754j7.25. umoiai Eaiuraay: Recelnta. Shlnmenta Cattle 770 Hogs 14.3ii3 5,072 Sheep 1,474 Kansas City Live Stock Market. KANSAS CITY. Feb. 23. CATTLE Re ceipt, S.6ti0 natives. I.71K) Texana, 75 Texas calvea and 150 native calves; fiit cows aver aged steady; cows and heifers steady: quarantine stuff active, steady; stockers ana lotaers si.-aoy to Higher; choice ex- rort and dressed beef uteers S4.SoiiiS36; air to good. ti.U tfi4.45: stackers and feed ers. S2.264i4.75; western fed steers. S2.9"i5.00; Texas and Indian steers. S2.(v,4 00; Texns rojws, S2.04i3.i6; native cows, UMillo; na tive neirer. l2.90tl4.lB; canners Slulj2.23; bulls. I2.604l3.60; calves. S2.7546.25. - 1UHSH Receipts. 5.6VO head; stendv. 8c lower; lop. $7.15; bulk of sales. S9"'7.10; heavy, S7.OOHi7.16; mixed packers, ii75tti7.15; IlKht. SO. 91X11 6.95; yorkers. it.9o4i7 ti5: nlas. SS. M4i ft. 65. BHKfcr" ANU 1-AMHS Receipts. 1.610 head; market strong, active; native lamba, S4.wKi6.65; western lambs. 33.86.fi6.50: fed ewes, S3.154i6.20; native wethers. U 60"0 V6; western weimrs, jj.4'.ud.u; stockers and feeders, S2.504j3.65. St. Joseph l.lvo Sto3k Market. ST. JOSEPH. Feb. 23 CATTLE Re ceipts. 1.889 head; steady to strong; cows and I'.elfers steady to 10c higher; natives, 83.754)5.36; Texas and westerns, S3.3M4.60; cows and heifers. -!.0l3 45; veals, 83.0041 6.50; bulls and stags, S2.754c4.00; yearlings and calves, 82.75tj-l.35; stockers and feeders, 83. 255)4. 50. IIUU8- Hecelpts. 4.472 head; mofly 6c lower; light and light mixed, S6.8o4j7.074; medium and heavy. S6.9J4j7.15; bulk. 86.974 7.10; piK J5.7Si.5i. nncrr .1 L UAftmB neceipis. I.eM head: strong to loc higher; tup Colorado yearlings. 86 25: Colorado ewes. 85.10: lamba steady to strong; fair Kansas wethers, to. 66. St. Loala l.lvo stock Market. ST. LOUIS. Feb. 23. CATTLE RecelDts. 3.0UJ head. Including 1.8u Texans; market steady; native chipping and export steers, 84.uhyi5.SO, with strictly fancy quoted up - m- T. . -1 ji , - . . . 10 f-.iv. uir-.ru urr i ani vuicner steers, 83.76415 26; steers under l.uO lbs.. .5.a-i JS stockers and feeders 82 4"?i42f ; cows and neiiers. K.aoiit; canners. J Kti3.0u; bulls, 82 8t3 4 00; calves. S6.uh14H.38: Texas svnd In. dlan steeia, W.2j-4. u . rows and heifers 82 Mil 3 10. Hi HiS-Receipts S.OOO hesd: market Sc lower; pigs snd lights, 86 75u7.00; packers, 87.K457 ; butcbeis. 87 167 35. 811ELP AND LAaiUo-RevetpU, 800 bead; market steady to strong; native mutton. l 4"4r5 5": lambs. SS.4'v;7 " '; culls am! bucks, 24.cO; stockers, l.&"i3.00; Texans, U. 35 47 4.-6. Inaa lf Live Stock Market. SIOI'X CITY. la.. Krb IT (Special Te gram.t CATTLE Hecelpts, 2.5m head; best stockers strong and killers steady; beeves, a'.A'4i."; os. bulls nml rrlxed, Sl.&t4.; stockers iind feeders, S-'.75 (74 25; calves and yearlings, S2.!ii4.ii. HiMJS Hecelpts, 3,ii henrt; 5c lower, sell ing at S6ii4j7.u7W; bulk. SO. i.V(i6.K.i. Stork In MaM. stock st the six principal western cities yesterday: Catl'e. H(in. Sheep Omnha 4.617 8.r.8 4.511 Ch.Ciga J5n0 43.i 22.K") Kansas City 6.fn0 5.MI 2,6"0 St. leiuls 8 mi" Loiio wei St. Joseph I. si 6.472 1,8M bloux City 2.50J 3.000 Totals 43,5 70,630 31.798 OMAHA VVHOI.KSAI.K MARKET. Condition of Trade und tjuotatlona on Staple) and Fancy I'rodoce. EGGS Market weak: fresh stock. l!c. LIVE 1'Ol'LTR Y Hens, lnftlflie; old roosters, 4.-c; turkeys, Wglbc; ducks. s'if c; geese. 74)c; chickens, per 11)., lofliliiVsC. UKES8EI) POCLTHY Chickens, )K(?12c; hens, 11412c; turkeys, laiglec; ducks, lljjUc; geese, ll'gU'c. B I' TTER Packing stock. 13c; choice dairy. In tubs, I.141I1C; separator, 24'yijc. OYSTERS Standards, per can. 2m-; extra Selects, per can, &c; New York Counts, per ca 1, .42c; bulk, extra belects. per gal., $1.75; bulk. Standard, per gul., tl.3a. FROZEN FRESH FISH Trout, ?i&10c; herring, 5c; pickerel, 8c; pike, 9c; perch, 6c; buffalo, dressed, 7c; suntlsh, 3c; bluftlns, 3c; whitensh, 9c; salmon, 16c; haddock, 11c; codfish, 12c; redsnipper, l"c; lobsters, boiled, per lb, 33c; lobsters, green, per lb., iu-; bullheads, loc; cattish, 14c; black bass, 20c; halibut, 11c. BRAN Per ton, S15.50. HAY Prices quoted by Omaha Wholesale Dealers' association: Choice No. 1 upland, i; No 1 medium, $6; No. 1 coarse, S6.6O. Kye atraw, 16. Thee: prices are tor hay of good color and quality. Demand fair; re ceipts light. CORN 43c. OATS 32, r RYE No. 2, 4'c. VEGETABLES. NEW CELERY Kalamazoo, per dos., C; California, per dos., 4.4jidc. l'OTA'i'Ot.8 Per bu., 404J45C. SWEET POTATOES Iowa and Kanaaa, 32.25. NEW PARSI.EY-Per dos. bunches, 40c. NEW CAHKOTS Per do. bunches, 40o. LETTUCE Per dos. bunches, 45c. BEETS 'New southern, per doa. bunches, 80c; old, per bu., 40c. CUCUMBERS Hothouse, per dog., SL76. PARSNIPS Per bu., 40c. CARROTS Per bu., 4 c. GREEN ONIONS-Southern, per dot. bunches, 40c. RADISHES Southern, per dox. bunches, SIC. TURNIPB-Per bu., 40c; Canada rutaba gas, per lb., lc; new southern, per dux. punches, 50c. ONIONS-Red Wisconsin, per lb., lc; white, per lb., 2Hc; Spanish, pur crate, 81.76. SPINA! H Southern, per dox. bunches. 60c. WAX BEANS Per bu. box, S3; string beans, p-r bu. box. 81.50. CABBAGE Holland seed, per lb., lite NAVY BEANS Per bu. 2.oo. TOMATOES New Florida, per C-basket ctate, 34.5Hj5.00. CAULIFLOWER California, per crate, S2.00. FRUITS. PEARS Fall varieties, per box, S3. 50. APPLES Western, per bbl., 32.75; Jona thans, 86; New York stock, S3.2u; California Uel. flowers, per bu. box, 81.50. GRAPES Malagas, per keg, J6.004J7.00. CRANBERRIES Wisconsin, per bbl., SIO.50; Bell and Bugles, SH; oer box, 33.50. STRAWBERRIES Florida, per qt., oOc. TROPICAL FRUITS. LEMONS California fancy, W.60; choice, 33.26. ORANGES California navels, fancy. S3.00 3.16; choice, S2.75; Mediterranean sweets, 12.25; sweet Jaffa, $2.50. DATES Persian, in 70-lb. boxes, per lb., 60c; per case of 30-lb. pkgs., 82.25. FIGS California, per 10-lb. cartons, 90c; Turkish, per 35-lb. box, 1418c. MISCELLANEOUS. HONEY Utah, per 24-frame case, 83.25; Colorado, 83.50. CIDER New York. 84; per -bbl J2.50. SAUERKRAUT Wisconsin, per lj-bb. 2; per bbl., 83.75. OLD METALS, ETC. A. B. Alptrn quotes the following prices: Iron, country mixed, vet tons, SU; iron, stove plate, per ton, 88; copper, per lb., 84c; brass, heavy per lb., SVic; brass, light, per lb., &4c; lead, per lb., 8c; sire, per lb., 2Vc. MAPLE SUGAR Ohio, per lb., 10c. POPCORN Per lb., 2c; shelled, 4c. H1DE8 No. 1 green, 64c: No. 2 green, 6c; No. 1 salted, 7c; No. 2 salted, 6c; No. 1 veal calf, 8 to 12 lbs., 8Hc; No. 2 veal calf, 12 to 15 lbs., 6c; dry hides, 8iT12e; sheep pelts. 2541750: horse hides, 81.60(2.60. NUTS Walnuts, No. 1 soft shell, per lb., 15c; hard shell, per lb., 14c; No. 2 soft shell, per lb., 13c; No. 2 hard shell, per lb., 12c; Braxils, per lb., 12c; filberts, per lb., 12c; almonds, soft shell, per lb., 16c; hard shell, per lb., lie; pecans, large, per lb., 124c; small, per lb., 11c; cocoanuts, per doz.. buc; .hes'njts, per lb., loc; peanuts, per lb., 64c; roasted peanuts, per lb., 7c; black walnuts, per bu., 81; hickory nuts, per bu., yl 50; cocoanuts, per loo, 84. Liverpool' Grain and Provisions. LIVERPOOL, Feb. 23. WHEAT Spot: No. 2 red western, winter, steady, 6s 14d; No. 1 northern, spring, quiet, 6s 9d; No. 1 California, quiet, 6s lid. Futures: Steady; March, 6 34V, May, 6s 24d; July, 6s ld. The Imports of wheat Into Liverpool last week were 22,500 quarters from Atlantic ports, none lrom Pacitic and 68,0o0 from other ports. CORN Spot: American mixed, new, steady, 4s 64l. Futures: Steady; Mt.rch, 4s 6d. The Imports of corn from Atlantic ports last week were 46.600 quarters. PROVISION 8-Beef. easy; extra India mess, 97s 6x1. Pork, easy; prime mess west ern, 75s. Hams, short cut. 14 to 16 lbs.. easy, 6s 6d. Bacon, Cumberland cut, 26 to 30 lbs., strung. 49s; short rlos, 16 to 24 lbs., firm, 60s: long clear middles, light, 28 to 34 lbs., steady, 47s 6d; long clear middies, heavy, 14 to 40 lbs., steady, 47s; short clear backs, 16 to 20 lbs., strong, 49s 6d; clear bel lies, 14 to 16 lbs., strong, 5os. Lard, firm; prime western, In tierces, 48s 6d; American refined. In palls. 49s. BUTTER F'nest United States, nominal; good United States, steady, 8us. CHEESE Steady; American finest white and colored, 62s 6d. TALLOW Prime city, steady, 2Ss; Aus tralian, In London, easy, 33s 6d. l ottos Market. NEW ORLEANS, Feb. 23.-COTTON Firm; sales, 2,100 bales; ordinary, 8 3-16c; good ordinary, 8U-16c; low middling, 9'c; middling, 9 11-16c; good middling, 104c; middling fair, 10 13-16c; receipts. 11,900 bales; stock, 317.461 bales. Futures, steady; Feb ruary. 9.6Sc bid; March, 9.734(o.74c; April, 97f.4i9.77i': May, .8u4i9.81e: June, 9.84i9.S6c; July. 994i9.9oc; August. 9.6lfi9 j2c; Septem ber, .824l8.S4c; October, 8.4448 4c. No mar ket tomorrow Mardl Oras holiday. J.1VKKPIJ.1.. rct. .0. cunuN In fair demand; prices 2 points higher; American middling rair. D.yin; good middling, 5.56d; middling. 5.:0vl: low middling. b.lM: aoori ordinary, R.31d. Receipts, 14.1100 bales. In. cludins. 7.700 American. Futures onened steady and closed quiet; American middling, good ordinary classes, eeoruary, 5.22d; r c-Druary ann nunn, o.ii'u j..iu ; March and -...-(l K !?. ". 9,l Aitrll utt.l ILI .. CQ',1. g . , V -'. . , - m.-.mi, n y and June, 6.24io.'2t1 : J.m and July, 5.2id; Julv and August. 6.24d; August and Sep tember, 5.12d; Bei Jember and October, 4.84d; October and November. 4.614j4.62d; Novem ber and Decemoer, i.uuu. London Stock Market. I.ONDON, Feb. 23 Closing quotations: Consul", mouoy 12 l-!4 N. Y. Central 161U du arcount VI Nnrfulk 4t Western Anarnnds 64' du pfd AKhUon Onurlo Wastcrn do pfd 102' Pennsylvania Ba 111 mora A Ohio lon Rand Ulnaa 1 in', alii, lh 1.44 JJ4 Canadian Pai lOc Hi"- Heaillni Chraapaaka tc Ohio.. 1 '' do lit pM Chkaso U. W . -1 'i 1 do ad Bid.. n. a at. r .IklVt Soulharn Ky Ky.. DtBaars Uauvar A R. O . Jl'ai do pfd . 41 Vrtoulhcrn Pacific i do ld 11 ,1'nluu Paclhc. KM14 U7 a'. 11 14 Erla do pfd do lat pfd do Id pfd.... .. 111. .. 04 V. a. Slaol... do pld Wabaah Illlnola Contra). . .14S Lou'.vlll. Nah...lIilL4 do pfd M.. K. T 2SL, RAR SILVER Steady at 224d per ounce. MONEY 344(4 per cent. The rate of rtl- Vount in the open market for short bills Is Jiuoa per 4-eni and for three-months bills is ' per cen 1. Sntxar and Molasses. NEW ORLEANS. Feb. 23. SUGAR Steady; open kettle. !4c3S,c; open kettle, centrifugal. 344'3c; centrifugal whites. S'..4r4e; yellow, 344j3 16-1oc; seconds, 244j MOLASSES (Jpen kettle, nominal, 1xi26c; centrifugal, 64jlik.-; syrup, nominal. Ui2tc. t'srolgs l';naurtal. LONDON. Feb. 23-Money was much wanted and scarce In the market today und a busy week was .intlcipited. Discounts were maintained. 0eralors on ihf Stock exchange were cheerful, bot business was Inactive. Traders were mainly occupied, Hu Iks mining varry-evsr. Consols were depressed by kiIiUbI reports, but closed shove the lomepit quntntions of the day. Lliiiil;itlon In Auslrsl:isiiiiis progressed and home rails were firm, with fair bufl ness. Americans were quiet and weak, the adverse bank statement and th holiday In New York Inducing sales. Atchison, To p ka r him I u Kc. Krle. Union Pacinc and W abash ciosed quiet. GthihI Trunk w8 the most m'tlve section. Foreigners were lrr. gu.ar. Rio tinlos burden-d on the firm in ss of copper which reached hhi and closeihat 5-4. The amount of bullion taken into the Bunk of England on balances to day was Jtlll.iKKi. PARIS, Feb. 23 Iruslness opened heavy on the bourse today and there wrc numer ous offers In the vnnous ileimrtinents. The news In regiird to .Macedonia and the with drawal of the scheme for the unification of the Turkish debt caused a sharp set back In Turks. In the second part of the session the lecling lirmed up. The rate of discount was 2 13-16 per cent. Three per cut rentes, tf 8i4c tor the account. Klein Hotter Market. ELGIN, 111.. Feb. 23. BUTTER There were no offerings of butter on the Boyrd of Trade today and no sales. Th quota tion commit tie declared the market at 27c, 1c higher thmi last week. The output of the week was 6 9.1X10 lbs. SUPREME COURT SYLLABI 10118. Castle Rock lrr, gallon Canal and Water Power Company against Jurisch. Appeal from Seotts Bluff. Reversed, with Instructions. Sedgwick, J. 1. Injunction is the proper remedy for prevrntlng one without auinorlty so to do irom crpsKlng the canal o; an Irrigation company with a lateral for the purpose of carrying water to his land from another canal. 2. An applicant for the appropriation of the waters of the state for Irrigation pur poses cannot prosecute the wora and con demn a right-of-way for that purpose until he has a permit from the State Board of Irrigation to divert the water of the stale to specific lands described in his applica tion. 1W50. Popplcton against Moores. Appeal from Douglas. Former judgment adhered to. Judgment dlxtrlct court affirmed. Hast ings. C Division No. 1. 1. Wholly unauthorized action under color of office by municipal authorities, which injuriously affects the Interest of a tax payer and vatcr user of the city, and for which he has no direct remedy at law, warrants an injunction to protect him. 2. The ordinance conferring upon the Omahu Waterworks company tho franchise of the public streets for maintenance of Its plant, provided that after twenty years the city might purchase the entire plant on an appraisement by engineers without regard to any value in the franchise. Held, that an amending ordinance whose sole effect was to put off the time when the city might exercise such right to September 1, 1908, was an extension of the franchise and forbidden by s ctlon 19 of the city charter. 3. The tlm when, under the terms of the existing ordinance, the city's right to pur chase accrues, not decided, as it must, In any event, be long before September, 1908. 4. The Injunction heretofore allowed In this case held t.i have reference only to direct attempts to postpone the accruing of the city's right to purchase. llo-9. Hoover against llaynea. Error against Lancaster. Rehearing denied. Barnes, C. Division No. 2. 1. In an action for damages In which In Jury to the feelings is- alleged as an ele ment of damages, direct proof of damage Is not Indispensable, the existence and amount of such damage Is to be determined from the circumstances of the case dis closed by the evidence. ' 2. In such a case the jury cannot act capriciously and allow damages for Imaginary Injuries not warranted by the evidence. An instruction which fails to properly warn the Jury in that regard and will admit of the construction that the jury Is not to be governed by the evidence In estimating such damage. Is erroneous. 11908. Parker against Nothomb. Error from Seward. Former Judgment of rever sal adhered to. Holcomb. J. 1. In construing a statute the strict letter' of the law ought not to be followed when such an Interpretation would lead to an unreasonable or absurd conclusion; the court will -"ndeavor to ascertain the true intention of the legislature and give it ef fect, rather than the literal sense of the terms employed. 2. At common law a bastard child was one born neither In lawful wedlock ncr within a competent time aft;r its termina tion, or. under circumstances which render It Impossible that the husband of Its mother could be its father. 3. Under the statute entitled "Illegitimate Children," prior to Its amendment In 1875, an action In bastardy could be maintained by any woman giving; 'birth to an illegiti mate child, even though begatten and born during the existence of the married state. 4. By the amendment cf the -statute in 1875, which was entitled "An act for the maintenance and support of 'illegitimate children," an action can be maintained only by a woman who while unmarried has become pregnant wlth.-ichlld, which If born alive would be a bastard, or has been de livered of an illegitimate child. 6. The word "unmarried" as used In the statute as amended in 1875 (sec. 1, chap, xxxvii. Compiled Statutes for 1901, entitled "Illegitimate Children"), properly refers to the hiatus of the mother at the time her child Is begotten and born, and does not re late to her situation at the time of making the complaint therein referred to. 12129. Curtis against South Omaha. Ap- real from Douglas. Affirmed. Albert, C. llvision No. 3. 1. Notice of the meeting of a city council. as a Doaru 01 equalization recites tnat 11 would thus meet In I'lvonsa block In the city, on three certain days from 9 a. m. to 5 p m. ; the record shows a meeting on the lirrtt of such days, and no further meeting until 7 p. m. of the third day, and that one of such meetings was held at the office of the city clerk, the other at the council chambers. Held, that there was no valid equalization and that assessments levied In pursuance thereof are void. 12'.53. Morse against Omaha. Appeal from Doutlas. Altlrmed. Klrkpatrlck, C. Division No. 1. 1. Under the provisions of section 110, chapter xila, Compiled Statutes for 1897, a petition signed by the owners of a ma jority of the foot frontage Is requisite to a valid levy of special assessment against property specially benefited to pay for re paying, and the collection or enforcement of such special rssessment will be enjoined where it does not appear that a petition so signed was first obtained. i Petition for repaying la case at bar examined and held not signed by owners of a majority of the foot frontage. 3. Statutory provisions authorising as sessments of special taxes aralnst property benefited by public improvements are to be strictly construed, and it must affirma tively nmiear that the taxing authorities have taken all steps whlcli the law makes jurisdictional; the failure of the record to show such proceedings will not be aided by presumptions 4. One who has not been guilty o' laches will not be estopped to object to the pay ment of a special assessment which Is void for want of jurisdiction in the taxing au thorities to make Ihe assessment. 5. A petition asking for the repavement of a street does not come within the pro visions of section 4, chapter xxxvl, Statutes for 19il, is being an Incumbrance or con veyance of land, and where the owner in fee signs such petition, the land will be bound thereby without the stgrnture of his wife. MrLaln v. Marlcole, 83 N. W. Hep.. 80, followed. 6. The president or secretary of a cor poration, either singly or jointly, calnot bind the corporate property by signing the corporate name to a iietitlon asalng for a street Improvement without being specially authorized. t. A statute authorizing the city council to reeave streets under certain conditions provided that the abutting property own ers should huve thirty days from the date of approval and publication of an ordi nance declaring such improvement neces sary within which to designate the paving material. No other reference was made In the etatute to such ordinance declaring the improvement ni'ceseury. The property owners were given thirty days from the publication of a certain ordinance within which to designate the paving material. Held, that the failure of the council to pas and publish a.i ordinance declaring the improvement necessary would not In validate the assessment. 8. The appellate court will not pronounce a statute unconstitutional and void where a determination of the case does not re quire that the constitutionality of the stat ute be determined. 9. Notice of the sitting of the board of equalization examined und held io comply with the requirements of the statute. 10. The only foundation for special as sessments rests in the special benefits con ferred upon the property assessed, and therefore the frontage rule per foot cannot be adopted unless the benefits are equal and uniform. 11. Under the provisions of section 161. chapter xila. Compiled Btitutea for 197. the council before assessing property for special benefits, according to the rule per foot frontage, must nnd that me uenetits "accruing thereto are equul and uniform. However, where the council rails so to nnd s taxpayer with notice, dissatisfied with the rule per foot frontage adopted, should cause such anion to be reviewed, and on failure so to do he will not. in a proceeding lo enjoin the collection of such tax, be heard to say mat the tax is void. 12. Where It affirmatively appears of rec ord that the council in levying the special assessment took Into consideration the question of the extent of the benefits and preliminary to Ihe levy formally and sie ctrlcallv found that each parcel of land is riMK'tally benefited to an amount equal to the tax assessed against It, It is immaterial fiat each par-el ha been assessed an equal amuuut per trout toot, as a uuding that the benefit are equal snd uniform need not be in the exact language of the statute. 12167. Lynch ssslnst Kinu. Appeal from Orant. Affirmed. Albert. C. Division No. 3. 1. Evidence examined and held sufficient to sustain the tf-idlnps of the trial court. 2. In a suit in equity, where the court makes special findlrss snd omlls there from some fact conclusively established by the evidence essential to the decree, such fact on sppeal to this court will be treated s though found by the court. 3. Where the true boundary line between adjoining owners Is uncertain and unknown to them and may be ascertained only at more or less trouble snd expense, an ex ecuted agreement to accept and abide by a certain line as such boundary Is binding upon the parties, and subsequent purchas ers having notice thereof, although the boundary agreed upon may not be the true line. 4. The destruction of a fence by a tres passer and his threat to repeat such ad as often aa the fence should be replaced, en titles the owner of the premises Invaded to an Injunction against the trespasser, even though the latter may not be solvent. 12208 Barber ngaitiot Martin. Error from Douglas. Affirmed. Klrkpatrlck, C. Divi sion No 1 1. In an action by a stockholder against the manager of an Insurance company, charging the manager as agent with fraud ulently concealing from vjlalntlT the actual consideration received for plaintiff's stock sold by him as agent, evidence of repre sentations made to other stockholders, similarly situated. Is admissible when such representations are so related In character and point of time as to furnish a basis for a reasonable Interierence as to the main issue. 2. The rule that parol testimony cannot be admitted to vary or contradict the terms of a written contract applies only to the parties and their privies. Accord antly. In an action by principal against an igent for recovery of the true considera tion received by the agent for tne sale of s!ock owned by the principal under a con tract In the agent's name, the principal ia I not estopien oy trie sinicu coii.sioeraiinii in the contract between the agent and a third party. 3. Where the evidence shows conclusively that all the negotiations for the purchase of the capital stock of an insurance com pany contemplated all the stock. It Is not error to exclude on cross-examination the statement of a witness, who whs the ven dre, as to what he would have given per share for less than ail the stock. 4. The officers and directors of a corpora tion and the shareholders thereof sustain to each other the relation of trustees nnd cestui que trustent, and public policy for bids those who have accepted such posi tions of trust to take secret profits antago nistic to their duties as trustees. 6. The general manager of a corporation In effectustlng a sale of the entire capital stock of his company acts as the agent of all the stockholders, and he cannot receive and retain a secret compensation from the vendee for effectuating the contract of sale. 6. Where a manager of an Insurance com pany offered to make a sale of a share holder's stock, and the shareholder ex pressly authorized a sale for a stated sum within- a limited period, and there Is evi dence that both parties regarded the con tract of agency to sell the stock as a con tinuing: one, the limitation of time being only upon the power to sell at the sum stated, It was not error to admit In evi dence the letter of the manager offering to make the sale, and the reply of the share holder authorizing a sale within a limited period at a stated sum, as tending to show the existence of a contract of agency at a later period. 1. in an action by a shareholder as prin cipal agalhst the general manager and secretary bf the corporation as agent for the sale of the shareholder's stock, to re cover the difference between the actual consideration received therefor and the amount accounted for. It appeared that the general manager led the shareholder to be lieve that he would not purchase her stock under any circumstances; that an option to purchase the shares for a sum much larger than the manager stated he would take for his own was given to the manager by a son of plaintiff, which was fully explained to have been given for the express purpose of enabling the manager to effect a sale to third pnrtics. A few days later the man ager sent a telegram to plaintiff, stating, 'Have offer 39oO cash." He had never re ceived such offer, but as a result of nego tlons then pending he later received a much higher offer. Held, that the manager was the plaintiff's agent for the sale of the stock. 8. Rulings cf the trial court on the ad mission and exclusion of evidence examined and held not erroneous. 9. Rulings of the trial court In the giving and refusal of Instructions examined and held not error. 12842. City of Lincoln against Lincoln Street Railway Company. Error from Lancaster County. Affirmed. Barnes, C, division No. 2. 1. One party to a stipulation or an agree ment cannot be released from a part of It on the grounds of a mistake and still leave the other party bound thereby; his remedy Is not by motion to withdraw from a part of the stipulation, but by a pro ceeding: to reform the agreement or to set it aside altogether. 2. Where a party waits until near the close of a second trial before asking to withdraw from a stipulation of facts used by both parties on both trials, the court may. In its discretion, refuse such request. 3. A street railway company authorized to construct, equip and operate lines of electric street railway may purchase lines already constructed and tit and suitable for the extension and completion of Its system, a-s well us construct the same; and a re cital contained in a mortgage executed by such company that it has power to borrow any sum or sums of money which may be necessary for the purchase, con struction and equipment of Its electric street railway will not render the mort gage void, upon Its face. 4. The charters of ail street railway companies In this state are created by general law; cities have no power to grant such charters or Impose any limitations thereon, and the act of 1889, authorizing street railway companies to borrow money for certain purposes and secure the pay ment of the same by mortgaging their property and franchises, applies to all street railway companies In this state, whether chartered before or alter the passage of that act. 6. Where It la claimed that a mortgage executed by a street railway company is for an amount in excess of that permitted by law and its charter, such alleged fact must be proven, so that sui examination of the record will disclose It. Otherwise It will be presumed that the mortgage was not for an excessive amount. 6. Where a street railway company mort gaged its property and franchises to secure the sum of SOuo.ouo for the purpose of pur chasing, constructing and equipping Its lines of electric street railway, anil It Is shown that It expended for that purpose about 8900,000, It cannot be said that the mortgage was given to create a fictitious indebted ness. 7. A series of bonds secured by a mort gage, or trust deed, on the property of a street ruilway company are negotiable and as between bona fide purchasers thereof for value are equal in priority, the Hen of each bond dating from the recording of the mortgage that secured tt and not from the time it was issued. 8. Such a mortgage is a first lien upon the property of the street railway de scribed therein as against all sDeclal as. aessments for paving taxes, except such as were assessed for paving already done or aa were In contemplation at the time It was recorded. 9. Section 77 of Chapter xl of the laws of 1S87, which creates a lien for paving taxes against the lines of street railway companies does not make such special taxes a Hen on their personal property. 10. Under the statutes the taxes levied as special assessments in cities of the first cuss draw Interest at the rale af 12 per cent per annum from the time of delln qut ncy, and a decree enforcing a tax lien arising thereon will draw interest at the same rate. A computation, of the amount due on special assecsments upon that basis will be sustained. IJncoln Street Rallwuy Co. against The City of Lincoln, 61 Neb., K. 11. A creditor cannot divert a payment by his debtor from the appropriation made by him, upon mere equitable considerations that do not amount to an agreement be tween the parties giving the creditor a rlKht to appropriate the payment otherwise than directed by the debtor, though mere equi table considerations may control where the payment Is made without designating Its application. 12. The direction given by defendant to the city treasurer, as shown by the evi dence in this case, was specific enough to require him to credit the payment of the S5.0U0 deposited with him on the tuxes which were a first lien upon the defendant's line of street railway. 13. line purchasing property and retain ing title to It under a decree of foreclosure will not be permitted to challenge the va lidity of such decree. 14. The sale and purchase of property under a decree of foreclosure divests the property of the Hen tf the decree; but where the decree Is also a third lien upon other proerty such proceedings do not uperats to cancel the Hen thereon for th amount of the deficiency arising upon such mle. 15. "Where street Improvements are made and the cost of paving that portion of the same occupied by street railway compa nies Is levied as special ubeeiuments againrt the properly of the several street railways as separate properties, and the different street railways are afterward consolidated and merged Into one property and oiierated as one street railway system, the old com panies losing their Individuality ami Iden tity and the new company assuming Ihe burdens and obligations of the constituent companies, lield that as between the con solidated company snd the municipal au thorities levying such special assessments the Hens arising by reason of the several assessments against the different constitu ent companies anil properties attsch to Ihe new property owned and orsted by the substituted company as one proerty In Its entirety." IJncoln Street Railway Co. against The City of IJncoln. supra. 16. "Where, however, a mortgage was placed upon a street railway property, snd afterward another company, against which certain Hens for taxes levied as special as sessments, existed, was consolidated with the mortgagor company, held, that ths Hen of the mortgage on the property covered lhrebv, without the consent of the mort gagee."could not be Impaired by the agree ments and acts of consolidation, and thst the lax Hen 011 property consolidated and merged Into tho new company, and with the property mortgaged, could not bs made prior to the mortgage Hen on all the prop ertv after consolidation; that the tax and mortgage Hens attached to tho specific prop erties embraced In the levy and the mort gage, respectively," In accordance with their original priorities. IJncoln Street Rail way Co. against City of IJncoln, supra. 17. Where the trial court finds, on suffi cient evidence, that certain assessments for paving taxes were In contemplation at the time of the execution of a mortgage by the street railway upon Its property. It follows as a matter of law that the Hen of such taxes are superior to the lien of the mortgage. IS. Assessments for paving; one foot out side of the rails of street car lines will not be held void where such paving waa done while the statutes were In force pro viding that street railway companies should be required to pave between their tracks and one foot outside of the rails thereof. 19. The district court In Its discretion may refuse to render a personal Judgment against defendants at the time of the rendi tion of its decree In a suit to foreclose tax liens, and may defer such action until after the execution thereof. 12237. Dnkota county against Borowsky. Error from Dakota. Reversed. Sullivan, i J. 1. A sheriff who has, either In person or by deputy, guarded prisoners In the county Jail Is. If the services were actually neces saiy, entitled to recover from the county compensation for such servlcca at tho rate of 82 per day. 2. The right to determine the necessity for such services before they are rendered does not belong to the county board, neither is the Judgment of the sheriff upon the matter conclusive. Ultimately the question Is for the courts. 3. The specific fees provided for In sec tion 6 chapter xxvlil. Compiled Statutes of 1901, pertain to the office of sheriff, and the sheriff Is entitled to them whether they were earned by himself or his deputy. 4. An appeal by a claimant from a deci sion of tbe county board upon a claim pre sented for adjustment and allowance va cates the decision, even though It be In part favorable to the claimant. 6. When a claim Is by the county board allowed In part and rejected In part, the claimant must deal with the decision as an entirety. He cannot accept the part .that is In his favor and appeal from the re mainder. 12439. Oberlander against Butcher. Ap peal from Cedar. Affirmed. Loblngler, C, division No. 1. 1. The rule that no trust arises In land purchased .for another's benefit unless the purchase money is furnished at ths time, nor. If the claimant Is a partial contributor, unless there Is an agreement that he shall have an aliquot part of the premises, la restricted to resulting trusts. and has no application to express trust or those aris ing ny agreement. 9 The statute, of frauds Is satisfied where the cestui que trust takes possession of land purchased in pursuance 01 a truss agreement, notwithstanding- it Is oral. 3. Such possession on the part of ths cestui que trust Is notice to all the world tt tola rlehts In the land. 12417. McGlave against Fitzgerald. Error from Lancaster. Reversed. jwODingier, t-., division No. 1. ' . . 1. In an action by a creditor (suing In behalf of alii of an Insolvent estate against the administratrix thereof and me county judge for an accounting, a petition which alleges collusion between the defendants and a fraudulent payment and retention of Illegal fees to the prejudice of the creditors Is sufficient as against a demurrer. 2. The district court is not deprived of jurisdiction in such a case, because plain tiff might have moved to retax the costs In the county court or brough. an action on the bond of the administratrix or sued to recover the statutory penalty for taking Illegal fees. 3. Allegations of collusion - and fraud on the part of such defendants are sufficient to entitle a creditor to bring such an action without showing a technical refusal by the administratrix to sue. . 12469. Farak against First National bank f Schuyler. . Error from Colfax. Reversed. Barnes. C, division No.. I 1. In a proceeding to revive a dormant judgment where the defendant pleads facts which amount to a payment and satisfac tion and plaintiff joins Issue by a reply, It Is error for the court to deny a request for a trial by Jury. McCormick against Carey, 87 N. W. Rep. 172. ... 2. An attachment will not lie In auch a proceeding. .' ... 12517. TidbaJl against Challburg- Bros. Appeal from Clay. Affirmed. Pound, C, division No. 2. 1. It seems that a written agreement to convey a grain elevator, together with the fixtures belonging thereto, and properly used therewith at the option of the pro posed vendee, within a given time and for a fixed price, If made upon sufficient con federation, will be specifically enforced In a proper case. . . 2. Where the writing- does not Indicate nor Is It shown that the prposed vendee did or gave anything for such option, and it Is not contained in or a part of some con--f hts;een the oartles. which may sup ply a consideration. It is a. mere offer from- whlcn tne venoor nmy iiiiu. chooses. . 12519. Flick against Broken Bow. Error from Custer. Affirmed. Duffle, C, division NOn cannot question the validity of an ordinance until his rights are directly af fected thereby. a . 12567. New Omaha Tffbmson-Houston Electric IJght company against Johnson. Error from Douglas. Reversed. Hastings, C, division No. 1. jiai 1. Evidence held not to support a finding that plaintiff's Intestate came to his death from accldently stepping upon scrap Iron electrically charged from the wires of the electric light company. 2. Evidence held to show that If fatal contact was with defendant's guy wire, such contact was voluntary and after warn ing on deceased's part. j Defendant company held to be under a duty to exercise all reasonable precau tions against passing a dangerous current of electricity through a guy wire attached to a pole on a vacant and unlnclosed lot in a densely peopled part of a city. 4 Where an attorney proffers himself as a witness and voluntarily gives testimony in a case In which he admits having a conflngent fee. he should be required to answer on cross-examination as to tne 'Tw'here "new'iT. very alight evidence of Intoxication It Is not error to refuse an instruction telling the that contribu tory negligence caused by Intoxication Sd bl i defence, the court having ful y Instructed as to what would constltuta C0iri,&ragga1n.rs..t. . rel Oordon. Error from Douglas county. Affirmed, Ames. C. division No. 8. 1 Matters once litigated and determined will not be re-examined In a subsequent action between the same Prt.eB. 2 When a warrant has been drawn pur suant to an appropriation by a city council for the payment of an Installment of the salary of a municipal officer, and an alternative writ of mandamus has been issued and served to compel the execution and delivery of the Instrument, an ordi nance, passed during the pendency of the action, and assuming to repeal the ordi nance making the appropriation and au thorizing the payment. Is void 3 One who Is both a do facto and a Ae jure incumbent of a city office cannot be deprived of the salary attached- thereto by reason of the usurpation of the office at the instance of the city authorities. 13006 State against Ds Wolf. Error from Lancaster county. Exception sustained. 6l"lIn"'this Jstate all publlo offenses are statutory and no person can be punished for any act or omission not made penal bv the plain Import of the written law. '2. But while there are In this state no common law crimes, the definition of an act which ia forbidden by the statute, but not defined by It. may be ascertained by reference to Ihe common law. 3 A statute declaring all common nuisances to be criminal Is to be construed as prohibiting every act which was by the common law Indictable as a nuisance. 4 By section 2:12 of the Criminal Code the erection, keeping up or continuing and maintaining of any nuisance to the Injury of any part of the citizens of this state is declared to be a crime, and this declara t'on Is not limited or restricted by the enumeration In the section of certain acts which ure 10 be "construed and held to have been committed In any county whose Inhabitants are to have been Injured or agarieved thereby." The first clause of the section makes all common law nuisances crimes snd Ihe second clause fixes the venue of some of these crimes. 5 In a proceeding brought under sec tions 515 et seq. of the Criminal Code the (pinion of this court sffer-ia In no manner the Judgment of the court below; Its only function Is to determine Ihe law of the case. 13PM. State ex rel Village of bsnni sir:Mnst Weston. Original. mandamus. Writ allowed. Commissioners, division No. 1. 1. Under a village ordinance calling an election at a given date ss to the Issuance of bonds for the extension of water works, and providing for publication of notice in a certain paper for five weeks before such election, a publication In each Issue of the Saper thereafter till the election, being ve weekly publications. Is sufficient notice, although the first one was only thirty-two days before the election. The following opinions will not be offi cially reported: No, Iol"..-!. Ijcavltt against Bartholomew Appeal from Douglas county. Judgment. Hastings, C, division No. 1. Unreported. 1. Former conclusion that the answer ad mits Issuance of a certificate of tax sale snd (hat evidence shows prima facie owner. hip of It In plaintiff adhered to. 2. Former conclusion that there Is noth ing In the record from which to determine the terms or amount of the tax sale cer tificate, adhered to. 8. Former conclusion that the payment of 110.60 general taxes on November 29, 18:12, Is denied receded from and such claim Is found to be not denied by the answer and held that plaintiff's clnlm for reimburse ment for that amount and Interest Is estab lished. No. 123S. Bird against MoCreary. Appeal from Douglas county. Affirmed. Albert, C, division No. 2. Unreported. 1. In the sals of real estate, under a de cree of foreclosure an objection that the appraisement "Is Irregular and not In ac cordance with law," Is too general to merit consideration. 2. Evidence on the question of the value of the premises examined and held suf ficient to uphold the appraisement. No. 12417. First National Bank, Button, asralnst Ashley. Appeal from Clay cointv. Affirmed. Duffle, C, division No. 3. Unre ported. 1. To give this court jurisdiction, to review an order of the district court appointing a receiver the appeal must he perfected within alx months from ths entry of the order. 2. An application for the appointment of a receiver was resisted on the ground, among others, that the premises sought to b placed In charge of the receiver was the homestead of the defendants. One of the issues tried was the abandonment of the homestead by the defendants, and the court found in favor of the plaintiff and ap pointed a receiver, with directions to take pcsses.-tlon of the premises. Subsequently the defendants moved ths court for an order discharging the received on the sole ground that ihsa premises placed in his charge was their homestead. Held, that the question of the homestead right of the defendants having been determined on the hearing for the appointment it could not lo again raised on a motion to discharge the receiver and that the court properly denied the motion. No. 12024. George Burke Company against Fowler. Error from Valley count v. Re versed and remanded. Day, C, division No. 1. Unreported. 1. When a witness ts cross-examined on a matter collateral to the Issue he cannot, as to 'his answer; be subsequently contra dicted by ihe party putting the question. Johnson against Spencer, 61 Neb., 19S, fol lowed. 2. Ths test of whether a fact Inquired of In cross-examination Is collateral Is, would the cross-examining party be entitled to prove It as a part of his case tending to establish his plea7 Johnson against Spencer, 61 Neb., 198, followed. No. 12099. Egan against Light. Error from Orant county. Reversed with in struction. Albert, C, division No. 3. Unre ported. 1. Evidence examined and held sufficient to sustain ifcn findings. 2. Where 4he true boundary line between I adjoining owners Is uncertain and unknown to mem sna may he ascertained, only at mors or less trouble and expense, an exe CJted agreement to accept and abide by a certain line as such . boundary is binding upon the parties and subsequent purchasers having notice thereof, although the boun dary agreed upon may not be the true line. 3. The description. In the decree, of the lands In controversy held not sufficiently definite and certain. THE REALTY MARKET. INSTRUMENTS filed for record Monday, February 23: Warranty Deeds. Peter Kuhl and wife to Peter Buna, lots 7 and 8, block 3. Bennington S 650 Edward Tessl and wife to Charles Hodeck, lot 11, blo;k 2, Mella's 1st add , 660 Benson Land company to Oliver Chrls tonsen, lots 1 to 5, 241 and 21, block 29, Benson 2,550 Margaret C. Wear and husband to Nels Petersen, lots 18 to 21, block 3, 1st add to Corrigan Place 1,000 Nels Petersen and wife to J. J. Wear, lot 5, block 6, Corrlgan Place 1,200 H. A. Whipple and wife to Bessie Hod der, und4 lot 27. 28, w34 feet lot 29, lot 31, e26 feet lot 30 and w8 feet lot .32, Luke & T.'s add ,,,,,. .1 ' Quit Claim Deeds. Mathles Schneider and wife to Omaha Realty company, 11 4 lot 9 and el3-16 feet of n4 lot 2, block 9, Improve ment Association add...., 1 Deeds. Sheriff to W. B. Mackle, executor, nl8 feet lot 3, block 1, Wayne s 1st add to Valley v 812 Total amouit of transfers 86,264 Not in Nature for anyone to always feel tired. There is no need to drag out aa cxislencs without ambition. Weak nerves are responsible for lan guor, depression, debility snd varico cele. Diseased nerves, whether due to over work, over-indulgence or say other cause, can be made strong as steel by the UK of They tone and Invigorate every organ of theoody, soothe and strengthen the nerves and transform broken down men and women into strong, healthy, vigorous, ruddy-cheeked persons. If you Una this Isn't so, you get your money back. 81 00 per box ; 1 boxes (wkh guaran tee), 86.0a Boos free. For sale by Kuhn & Co., Omaha. Dillon's Drug Store, South Omaha. Davis Drug Co., Council Bluffs, Ia. Woman v r A, U IsftlsWsmlAa twt ahMljl a.... MARVEL Whlrliita Sivm n'sV'l ' J-V1 aiIQl i onvutstt ik raw traaalit IW U If he fannut supply tho ' FlARS'KL, aerai.lno fitnar, tmt aand aiaini, for if utttmtad hof.a ui It airn or If- full Dartleulata and airatUom tn. valuaUa 10 Uaiaa. Irl tilt sir IS. stoom 226 Times Bids.. N. T. For Sale by SCHAEFER'S CUT RATE DRUO STORE, Corner 16th and Chicago Sts., Omaha. BLOOD POISON la the worst disease on earth, yet the easiest to cure WHEN You KNOW WHAT To DO. Many have pimples, spots on the skin, sores in Ihe mouth, ulcers, falling hulr, bone palnsr catarrh; don't know It is BLOOD P0IB0N. Bend to DR. BROWN. 9.15 Arch St., Philadelphia Pa., for BROWN'S RlitJOD CURE, S2.U0 per bottle; lasts one month. Sold only by Sherman &. McConnell Drug Co., 16th and Dodge Sts., Omaha. Brown's Capsules KEM K,n Store": . 16th and Dodgs Sis. f',m Intra ANU WUMtlli N 1 Uaa Big a for unnatural ara diacbariaa.ioaamiuatloaa, .4 ym irritations or ulcarafloaa lata. of Biuc oss siambranaa. Mat- PalnlMa ant - at utrn. irHltVaNSkHlMICSlliS. saut or BOiaoaolM. fcBDRUNKARDS SVHITI DOVF. CUIil seTer .'alls toui-.iro nar ins for alrous drink, the appetlts fur hlrh cannot eilst after using in la remedy. Gives in anr llquU who or sitboulItnoa-iMi ut patianti luaic.ias; II r Bbsrman at McConnell Drug Co., Omaha, p. B. vVesrs. Pres. C. A. TTaart, V Pres. Estnbllshed 182. WEARE COMMISSION CO., CHICAGO Msuiuera or tnu Principal t-xtitai... Private Wires to Ail Points. CHAIX, PMOVIaiO, KlblkS, I JO. Mj Bought and sold for cash or , future delivery. . OMAHA BRANCH, llo-in Iluard of Tra U TTi'epbous ;is W. B. Ward. Lie at 14-iacai. XlalteS lWs-E " CiaOIIUTI,l ll Jf JttmssTlsls. V 1.8. a. JP nt is plain wraapar. V V", 1 k asaraaa. praaaid, lor YV TTCU 81 . nrabottlraai 71. ii ' a Circular saut os lauaaat.
