Nebraska Newspapers

    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.