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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 28, 1903)
m. every Tuesday By rail to Philadelphia
ami ti-ence hr st-sme- -lr.e at tn.s oif.c
at II . p. m. every Wednesday.
31 IQUElAlN I-y ai. to l,.'siu and 1V--ce
tv ii?dmT, cl.se- at t. is office daily at
EELlZEmrt"ERTO COr:TZ and GUATE
MALA By mil to !fw Orleans, ar.d
tr.er.re N itpanc, cnH "t this onVe
cial.y, except Sin'li). a: . .30 p. m. ml
il:.Ki p. rn . "Sunday at 11 p. m. and til 30
p. m lr"' '"8 mail loes here 11 i.
davs at JU.JO t- -n.
COSTA PI'-A-Py rtll It Saw Or!an. ail
i ner.ee by hmhit, cioo at 'his ofh-e
d-l.y. n-'fi Hu-idxy. at Jl.So p. m ,4l(j
.l .' p. m.. Sundiys at 1 p. m. and 11 j
p. tn. -conn c ing nail closes her jiiej
days at 1.1.30 p. m.
BAhAMA.1 ix rpi Parcels-Tost Malls.)
By rail t' Miami. Kit., and thence hy
steamer, closes at J'.l .Hi p. m. every Tues
IRE'il.TERED HAIL. cIofbs at p. in.
FHTLIFriNE ISLANDS, via Sin Tian
clco, cloe heie daily at W p. m. up to
De-ember 1.7. Inrl i I.e. for despatch per
Vnlted State lrrr.or(.
CHINA AND JAPAN, via Taroma. c o J
here dally at 3n p. m. i:p to Deee.nb-r
lth. Inclusive, f.ji- despatch per a. a.
TAHl.l ond MAr.QTE.'AS ir-T.A.VD-i, t ia
Pan Franctso. c'oms h -re dally it p.
m. up to January 1, inclusive, tor des
patch per a. a. Marlpr.
IlAWtll. JAPAN. HINA and 1'Htt.ir
PiNE ItM-AND". li Sai Fran.i,, r. se
here dally at m p. m. up to Janusry d.
Inclusive, for drspsich ptr a. a. Sibeiia.
Haw Ail, via ban i-'.amlcu. cose uere
daily . r. m. up to January . inc.a
slve. for despatch per a. s. Alameda.
CHINA am aAP.V la Se-i.tl-. c her
dai.y at 30 p. m. up to January Pith, in
clualve, for fliipaun j.er a. a. ttuuano
AUSTRALIA (except w-tv TIJI IPT
A.NDd ANDS and NEW CALEDONIA,
via. Vancouver and Victoria, U. 1J.. cl- se
here dally at 4 So p. m. up o Jar.uiry Sin.
lncluaive. fir 0-spatcri p. r a s. Moiro
HAWAII. JAPAN. CHINA and )H. LIP
PINE I9LAND8. via 8an Frar.clcc ... c oe
here daily at .3J p. m. to tnurv 51uh.
Inclusive, for despatch per a. a. Cop-.i;:.
JVEW ZFALANl,. m BfiULlA oacept
'lt), NEW CALEDONIA. FIJI. SA
MOA an-1 HAW Ml. v ti.tn FnncVo.
cloa hr daily at 6.33 p. m. t:p to Janu
ary ;jth. Incliiktve. fur dpatch pfr a. a.
Bonoma. (If the Cunard ateamcr cflrryirg
the B I !n m.-ii: :nr ;.w i.-a..an-l
not arrive In time to connect witli tl,w
dlfpatch, extra rra 1 cioaing .it a.
m., 5:30 a, m. and C CO p. -a.; Sundava at
a. m.. a. m. and C 30 d. ;.i mil lt
mada up ar.d forwarded unt:t Lie arrival
of the Cunard t?a nor.)
CHINA and JAPAN", via Vancouver and
Victoria. H. C close bera daliy at i.si
X. m. up to January ..h. Inclusive, for
eapatcb per a. a. Emprraa cf Japan, i Mer
chandise for V. H. postal Agency at
Bnanchai cannot be forwarded via Can
adaj NOTE Tnle cthe-wlse addresod ' West
4utra'la l forwarded via Eurot, and
Now Zealand and Plii:irnin- vii f-.
Francisco tha quickest rout-s. Philip.
or "via Eurg i.'" roust Li fullv rro.il.l t
tha foreign rate. Haw-Mi a lorwraed
via Sun Kranclco exclusively.
Tranepaciflr malls are .orwarde J ,o pert of
e.lllr a; dally and the- schedule o c oginK
Is sr.angeM on the presumption of their
unlntfrrupted ove.lnnd transit, (rteais
tred trail clns-a at p. m. p-ertoue X&y
COHN'ELlt 8 VAN (. OTT. r-"-nJi'r.
Postotflca. New York, N. T.. Decemb.T II
pAILWAT TIME CAHU.
taiOl tTATIOX llria A5D MARCT.
Cuicag-o Express a 1m am
alu -Ja pm
vuiuuu, oiuineapoiia at
. St. Paul Limited a 7:50 prr, a S.C5 am
M1nnap..Ua St. Paul
Express b 1-JO am b 10:35 pm
Cklcasa A Ksrthwaatera.
The Northwestern Line.
Vs rY, ....
Local Ploux City....
L)ayll;ht bt. Paul.,
Fist Bt. 1-aul
lit- Paul I. unrau
a 7S am
..a i.iu pm
..'a 7:50 am
..a 8:00 am
..a a:2S pin
..a 6:&0 pm
..a 4.2a pm
..a Oi pm
a 1.30 am
b I. as pm
a 11. 20 pm
a :l am
a I.- pm
a t.Zi am
a t .0 pm
a t:M am
Loca; bloux Cl:y b 4:W pm
Norfolk at BonestMl....a .ui am
Laoeuin A Long I ln....b 1 :0s am
and LincoiasAi t am- -a:10 pm
Caspsr Wyoming Et.d J.W pm a:10 pm
Hastings, buperlor and
Albion b J H pm b 5:10 pm
Oysr sod Limited a : am a 1:05 pm
Ihe Fast Mall i :.il in 1 1 J (n
Ca.lfumla Express a . pm
Ihs Chicagu Portland
Spacial a I 20 pm
The i ortland - Cbioago
Special a 180 pm
Eastern Express a 5:1) pm
Tha At.anUo Express ill-j am
Ths Colorado dpsclai...aU.35 pm a 3 40 am
Chicago tpwial a 3 40 am
Lincoln. Beatrice and
StrmKburg Kxpre?s..b 4:"0 pm b!?:S pm
Columbus Local b 4 00 pm b ( 3a am
Ck1cs Grs-at '.slsrsu
& St. Paul at Minns.
apo'la Limited a 6:3 am
104 St. Paul Minne
apolis Express a T:35 am
Vt Ft. Dodgs) Expraas. t:5s pm
20 8t. Paul Minna.
a polls Limltso... ...a 7:55 pra
T Ft. Dodgo Ex;rss.. all JO am
103 St. aul A Minn.
apc:a Express a 3:30 pm
Cafe-aso. Milwsaass 4k Bt. Paal.
Chicago Daylight a T:G5 am all:l pm
Chicago East Et press.. a 1:4s pm a 3:10 pm
Overland Ian M tnd a i:M pm a 1:14 am
tea Moines Expres:....a T:a5 am a 3:10 pm
a m htma k
t. Louis "Cannon
Ball" Express a 6:53 pm a 3:20 am
Bt. Louis Local. Coun
cil Bluff a 1.15 pm a 6:16 am
Bt. Loula Exprssw al0:00 am a 6:3 pm
K. C at St. U Expraa..ali0 pm a 6:16 am
Caleaga. Rack. Island Jk Paclalc.
Chicago Daylight L t d. a 3:3 am a 3:SC am
Dayl.iit Local. a J.uO am a 1:3 pm
Chicago Express til U am a 5:ai pm
lx-a Molnts Expraaa a 4:Jt pm bil.iiaia
Chicago Fast Express. a 5.40 pm a pm
Rocky Mountain L t d. .a 7:30 am a 7:36 pta
Unculn, Colo. Springs,
1-onver, puebio som: .
Weat a 1:30 pm a 6:06 pm
Taxas. Calltt-mla and
Oklahoma Flyer a '4:10 pm al!:4J pm
CRLIXGTOJI ITATIO lOtk Jt MAOS.
Ckteaara. Barllag,taa dt 4)ala
a 3 ."S pm
a T 4s am
all t pm
a 7:15 pro
Thlcago Fpaclal il-ulim
Chicago Vsatlbuled Kx..a:isjpm
hn-aso Lwal at. IS am
ChicaKO Limit d .. a 3:05 ana
Bas-llaa-taa A Mlsaaarl River,
V-'ytiora, Beatrice and
Lincoln a ( Si sm
Netuaaaa Express aXviaiu
Denver LlmliMl a. 4 10 puj
Llack Hills and Puaef
Sound depress all 10 Dm
Lincoln Fast Mall oS.STpiu
Fort Crooa aud PUtta-
mouth b 310 pra
Batievtie Pacific Jot. ..a 7 '.) pra
keilevus A Picirlo Jet.. .a 6 30 am
Kaaaaa tltj, kt. Joseah ak
Kansas C!ty Day Ex... a 13 am
bt. Louis Flyer a C -5 pra
Kansas City Mt: Ex . . alu .ti pm
bi: 06 pm
a 7 45 pm
a vj am
a 3 30 pm
a 5.06 pa
a S axu
a C K prtt
all a am
a S.30 am
W EBSTER DEPOT 131 h ah WEBiTEk,
Nehraka LocaL via
We pine Water b 4 1 pm al? 35 am
Chlraga, t. Paal, . alsacsssll 4k
Twin CHy Passenger. ...a 6 30 am a i 16 pm
r-ituxCuy I'aMKUger l I ill pm all X am
Oa-aiui.J Local b a ia pm b 3 46 am
a Daily, b Dally exrept Sunday d Daily
U.-.-CM Saturday, a Dai.v except iljuiay.
Uaalrla Held fur Ma) heat.
BLAIR. Nab.. Dec JT. 8pcUL tKck
ranlU who waa arrested last week far
blU-ig an ear off of Henry Swri and knock
ing soma tevtn out of K Ulroad Agent
Uoodrteh, had his prellaiuiary examination
yesterday befure Cgunty J-idge Marsha!!.
At a haariag on last Tuesday Da-aids
pljJr not gulily. lie was uvday bound
aver te the spring term of tbs dbrtrt.
oourt, with ban Cxad at 6j0, which so far
ka) tvaa bvwii unable to give
OMADA LIVE STOCK MARKET
Boh Corn Ted S?n tnd Cawi Considfnblj
Higher for thi Week.
HCGS ALSO SHOW IMPROVEMENT
Aa Compared wlta Week As Haady
Wrlasbt Sheep aad Laaaba Mas- B
ttaotrd Straa aad Artlve .
Others Akoat Steady.
SOUTH OMAHA. Dec .
... l 1 o.lil
t'::.i-ial 'i utritoa
ortic-ial 'ir. jraoay
Offlclii i ild.y
Vek ending Dsy. Ht.
fc?K eaoin let:. 13.
Weea eniiiH Let. 1J.
Wt-ek er.oing :. s.
Week -r.dii.g Nov. a.
Etiim' we-k .at-t yetr.
... 1.--7 J it. .4
.... 5. J.1.1
, . . . .( t.iCiT
KECEIPT8 FOit TliU VKAK TO DATE.
lnu tuliuwu;g talus siiows the receipis o(
catii, h-.s-J and suetp at bui:lh u.uah i
lor the tear iu tiate ai.il comparisons wuB
t-.ttue l.Gai.4'.d is.r.il
il'H 2.ls.ua 2..,lJ.ii'!l
Sh;p 1.M4, 1.7j.tH
AvrrjH (.".' pa, a tai r.gs at Scuth
Omana lor ti:s uui aaveral uajs wiUi ccm
paiisona: Oate. UOJ. liv!;.ijl.;iJ00.,U..:lt5.ilS!?.
I 4 34 V!
I 4 ),
I 4 ,.),,
;. 4 3v!
( l l
a sut i
e S8 4 64a
k Ua, 1m
b UB 4 M;
IH, 4 l
13, 4 twi
14 4 . i
l4i 4 .(
a S.l Sit
ii. 4 4
m I 4 b4j
6 4 4 63:
liti 4 ii
Uj 4 h
i Si : :i
3 iSj 3
i a ia
6 351 6 S
3 LB I 3 U
3 joi 3 i;
3 - 3 13
3 311 6 M
6 rr 3 t4
3 .'i 3
St 4 i
3 2i 3 33
3 iz 3 -i
4 4o t
I tc i4.
4 3U I
4 13 ,
4 4', Hi
k U4 iV
3 34, 3 it
4 Cr 6 3 li 4 38 4 11, 6 601
Tha ortaai number of car of stock
brought la by sacn road was.
Cattle. Hug. Sheep.H'r's.
C, M. St. P. Hy.... 3 ia
I.. 1'. system 11 2 1
C. ac N. W. tvy 16
F E. t M. V. R. R... .. 7 1
C, bt P.. II. 4k 0 4 4..
b. 4t M. Ry .,
'.. a. (a. Hy 1
K. i. a J It
C, H, i. m, P., aaftt
C, H. L 4k P., wast 1 1
lllln-jls i. ei.tr. 1 2
CUiuago Uu Wss.ern. .. 3
Total rceaipta 16 68 6 4
The dispoaitlun of tha day's receipts was
as follows, tain buyer purchaaitg tus nuifl
bsr of hsad indicaleu:
Cattle. Hog. Sheep.
Omaha Packing Co 417 .....
bwlit and eumpany
Cudahy packiug co Lola 1
Armour & co J 1.U1
Cudahy Pack. Co., K.... C 377
Armour', feloux city 60 LS07
OUisr buys. a 1
Total 4Z6- 4.161 l.33
CATTLE Thera were several oars of cau
tie reported this morning, but tney wero
all consigned ulrtct to local packers and as
a raau.1 a tst of tha market was not mada.
For that reason there is little to bo said
of the cattli sJtuailiin tn aduitlon to what
baa already been puullsned. It should bo
noted, however, tuat tne Chicago .market
baa closed 10c to lao lower Uiau tha blgk
As compared with a weok ago. corn-fad
steers at this point can safely be quoted
3c to 4c hlgner, owing to the s-nall num
ber that have been on saie this week.
Packers all had to have a few and as a re
suit It was an easy matter for atlesmen
te force prices up at a rapid rate. Warmed
up cattle are now se.hng from 63.00 to 63.4,
fair to good from 4iw to H.5. and 'd
to choice from $4.50 to (6.10. The bulk of
Uji cattle coming forward, however, are
sl!rt fed and for that reason sales above
34.76 have lean very scarce.
The cow market waa active and stronger
most all the week. Rec Ipts were light
snd the demand good. The greatest Im
provement waa on the klnda selling around
33.50, or. In other words, the medium claxa.
The good kinds jIso Improved considerable,
snd even cannera are a little better-than
they were a we-k ago. Tha general market
could best be described by calling It 15c to
2Sc h'gner. Canners eell from 6L73 to
fc.!5, fair to good gr-tdos from 32.15 to 32 75.
and good to choice from 32 75 to U 25, with
something prime frtm that up.
Bulla sre about 10c to 16c hlgtier for the
week and veal calves are still seMng In the
same notches they have for some time pant.
Stuckers and feeders have been In light
uptily-1 I the week and the demand hag
teen sufficient to make the better grades
sell to a little better advantage. The Im
provement, however, haa been confined
largelv to yeartlna-s of good quality and to
good to choice cattle, weighing from Sue to
pound" Common rattle are no more
th-n sfadr for the week.
HOGS There was a email run of hogs on
ale this morning, and as the demand was
quite brisk the market advanced 66 Mc
Medtum weight hogs sold largely around
64 66. Heavies sold from 64.66 te 34 ). The
lighter hogs went largely from 34.50 to
4.65. while those weighing under JW pounds
sold all the way down to 64.26. It is very
evident that packers are not at all anxious
for these lightweights unless they can buy
them about a quarter under tne neavy
hog a. There was not much change tn the
market from atart to finish, and as re
ceipts were very limited an early clearance
For the week receipts show a decrease as
compared with last week, but a gain over
the corresponding week of last year.
Frlcee have Unproved steadily all the week
and there la a net gain of aiit Te over
laM week's -closing prices. This advance
carries nrlces to the high point of tha
month. Representative sales:
as. At. aa lr. . He. Av. 0b. Ft.
at. lu ... 4 X4 4 l ia 4 U
U : 4 M 71 2.V4 4 4 14
IT II IN tH St lit 40 4 it
15 t 4 oT at t 4 at
U 2M 4 t7s M Ht let 4 it
11 :r SO 4 47 7J T71 So it
(1 u li 4 u i tn a- IH
u 1U ... 4 4a u 14 tal Hi,
U ...Vt ... 4 4 (a re ... 4 471,
tl M 4U 4 SJ : 4 17
It 1M HI 4 U ZTt 14 4
al u M 4 W 70 2d Hi I7V
ia u ta 4 u :x t7
att m 4 tt
...M m 4 Ha
M 1M ... 4 at
Tt M 4 4 it
It tt 4 4 it
IA MT 4 it
jf in is 4 M
47 27 ... 11
41 M ... 4 4
41 XM 1X0 I
u an la w
M I 1X4 4 at
bHEEP Receipts of sheep have been
about nurma! tor Christmas week, but as
cumpared with last week there Is a big de
crease. Several care were reported this
morning, but they were sold to arrive, and
consequently a lest of the market was not
The market for the week la not mach
different from the close of last week. There
has been an active demar-.d for haaJy-
welght sheep and lambs, and aa aapplies cf
that kind have been rather limited the feel.
Ina on that cluas la a Utile better. The
markot could nut be quoted higher, bat at
tne aame time there ia more strength no
ticeable than there waa a week ago. Heavy
heep as well as lambs have not shown
any improvement snd can be quoted no
more than steady. The same la true of tha
part fat klnda
There have been very few feeders on sale
this wsek and prices have remained un
changed. u in uKni fir corn-fd s'ock: Chcl--e
western la ml. ta.0uV6.60; fair to good
;,rh. 34.5 v50o; go-l to rbi. ce vir' ,
13.734.25; fair to giod yearlings. tti'SlT;
guod to choice wethers. 4.1 2i.(l.'0; fair to
ir-od wethers. 6a.0tf3.36: goeal to choice ewes,
C fUll 10; fair to g od ewea. 42. 4S10;
mulct feeder lamos :3.--4;4.1,J. fair to fco'l
f--ler lambs, 33 2i.i3.PO; lahy lamba, XZ.'Jt
I'Ji feeder vur lr. tSS-'ulS. : fer
wethers. P 1V;13S: feeder ewea, 31 .7531.26;
cuila. 61.at4i7l.7S. Representative sales:
524 west err lamba 73 6 15
fed OWcS bsi 6 CM
u43 fvd ewea 107 3 UM
kasssa City Live Stock Market.
KANSAS Crrr. Dec. 2 4' ATTLE Re
ceipts. Li) head. Including -4 aouthems:
rcark-t steady t l-c ijwer; export and
raaed bef steers, 64.S; fair to good. 63 ait
t-'.ii. wcater.i ted jiw-, JH; stock
i snd fede", HSuw-4.4 ; a mt hern si a,
t2 5im3.at- onthem nil, rj.Sti!..: nti:v
row, 31 .SntiAw): sartvs h'lfe-e. it.;
ba la. n..f)L' eiiyef. ia3a.et; revipts
(or the we k. IS SJO bead.
Hold RL.-Hn 4 .- head: market He
higher; tet. Was; kialk of eelaa. 64 4elt3;
heavy, 64-ajl.m, Paetsrs, 64.4.w; tvapi
7.1."3 J:.TM 14 ten
iN'i.j sT.23 i.9t6
19JJ) 46 3. S4.t:i
U -.l i7...;i .si. 1
I.S7.1 27 131 13.?)i
and light U0.m; rte-lpts for tne week,
8HEP AND LA M 8 No r-ipt; Tia'-
t-t nominally tad ; ntlve lamts. 34 Sfi
6 5 ; wtern luirb. 3 -Sao, i. fd urn
VJ.TS.w. TTte'n f"d Twir.inn". 33'ti.''0;
st .tkers sod feed- rs, 110 bJ.A-, rttipta for
tne wek. head.
CHICAGO LIVK 4TtH K. MARKET.
Llgkt Re-eelpta at All Itee-k, wttk
Elgher Prtrea fas flasrs.
CTTICAO. Dec. -CATTLE Rectlpts.
Jf hrsd The ms-kt was nominal. On 4
to prime treers. 56aji5.76; pcor to medium,
M.U.i4); suicktrs and feeders, O.T44. ;
cows. 3i.5f4B4.0; heifers. liaXrfSCT; canrwr.
.40; bUi-s. SlaiM4Jt; cajrea, 32-t044Xi.
HOj8 Receipts today. li'H: lmatsd
Monday. 4i ) nead. The market wsa 10c
higher: mixed and b'irr,er. 4 5.'&4 8"J; good
to ch -l- e hovy. 64 a".7 4.a); rcugh h'ay.
M-4.v.. light, 64wJtfl.-ii; bulk of salsa,
14 ''; 4 K3.
SHEEP AND LAMBS Receipts.
head. The market for sheen and lamba
wis steady. Coed to choice wethers. 13 Si
4i; fair to choice mixed, 32ilii; Wesi-,
! Tei. M r-ar.".". ns ive laillDK, 4.U XJ
5 ,6. western lambs, 34.i0'a55a.
t. Loels Live Stock Market.
37 LO. IS. liec. 23 CATTLE Receipts.
4- hean. ir.c.uding tVi Texana; market quiet
b.u slea t.. : na j.'j shipping and exjorl
.-teer. 4. 25 -i 2. a ; dreK .1 heef and butcher
s.ee.s. .4 .; stecn under lkn lbs.,
,3 . .ia.a: s.. tkeis and feeders, 32.-694 .
cow.i and he. ters. J2.Ji(i4.5'; cannera, l.7wj
bu.l. j 63A: cai.ea. $3 oOcit j- ; Teaaa
and iiuliin (ee.s. V2.A(4.W; cows and
HOtJi ..ec. Ipts. ..".i0 head; market 10c
h.gher. Jigs and iigh-s, 34rg.n6; packers,
44. j 4.71.1, iutc.eta ana best heav. 4.46
SHEEP AND LASir.S-No recelpU; mar
kit rio.nlnal.y unchanged.
Sew York Live Stack Market.
NEW YORK, Dec. 26. BEEVES Re
ceipts. 515 head. There was no regu ar mar
ket tofiiy ana no ssiea reported. Export,
.36 cattle i.nd fra) quarters of beef.
CALVES Receipts. 49 htad. with no'hlng
doing IT.e fee.lng waa nominally t eady.
SHEEP AND LAMBS Hecelnta 4(13
had. The market was steady, tiood she; p '
"in av eo " per i'-" pntinus cn-p ana
vearl!ng.4, mix-d. at 4.26; fair to prima
lambs at 35 x.Hi 30.
HCMiS P.ecelpts, 7,8". Feeling nominally
it. Joseph Live Stack Market.
ST. JOSEPH. Mo., Dec. JS CATTLE
Re ipt. 1.0 head: steadv; nttives. 63.iv
6.u0; rw and h- If rs, ll.5A9i.4o; ctockera
Him i-eiern. iz &ni
HOGS Feeei;.t 3.7-3 head: market &tf70c
higher: llehi, 34 44. ; metlium and heavy.
AND LAMBS No receipts.
loax City Live Stock Market.
SIOOC CITT. Ia.. Dec. 26. (Sceclal Tele
gram. CATTLE Receipts, lu-i head; un
changed; beeves. 63.7F.ua.im; cows, buila and
mixed. 31.oiKii3.25; stockers and feed-rs. 32.50
: caivi-s ana yearungs. 333.413:4.
HOIJB-Receipia 2.(100 h.ad; maiktt SulOo
higher, 6.3ifc4.t,; bu.k. 64.5a
Stock In Sight.
Following are the rr celrts of live stock at
the six principal western il.ies yesterday:
t Cattle. Hogs, eheep.
Pmaha ' 4o 4.5o7 l.f3i
Chicago Jjo 13,000 1.2O0
Kansas City L'"" 4..00
St. Lculs -00 2"") ....
tt. Joseph 150 3.7M
Bloux City 100 J.0JO
. -2.SS6 29.t4-
OMAHA WHOLESALE MARKET.
Condition of Trade aad (toetatloas oa
Staple aad Faary Prod are.
EGOS Receipts mora liberal; frenh stock,
LIVE POULTRY Hena, 7c; spring
chickens, c; rouaiers, according to age,
4∾ turkeya, Lie: ducks, &; geese jjc.
DHEbbEU POULTRY Receipt, libeiai;
turkeya. uijbc; old toms, 14c; dacka, liijf
Uc; geese, ali-c; chickens, 61416c.
BL ITER Packing atock. U-13c; choice
to fancy dairy. In tuba, 14igvlac; separator,
FRESH FISH Trout, 10c; pickerel, 6c;
Ciae, fee; parcn. 7c; blueflao. Ukj, whlieflsii.
6c; salmoo, lie; haddock, 10c; oodrlah, 12o;
redanapper, Uc; lousier, boilsd, per ID.,
30c; lobsters, green, per lb., 2c; buiinead.
lie; calflsli. lie: black bass, 20e-5c, halibut.
Uc; crapplea, 12c; herring, 60; white bass,
L.C, bluenns, so
OT8TER8 New Tork counts, per can,
43c; per ciL. 62.00; extra selecta, per cau.
per gal., 41.75; standard, per. can,
per gal.. 31.36.
BRAN Per ton. r4-6a
HAY Prices quoted by Omaha Whole
sale Dealers' association. Choirs No. 1 up
land. 7. R0; No. 2, 47.00; medium. 3.-,
coarse. 34 .00. Rye straw, 60.50. These prices
are for hay of good color and Quality.
De-nsrd fair and recelpU light.
OATS 37 o.
RYE No. 2. e.
VEG ET ABLES.
POTATOES Cobrrkdo. Sc; Dakota, per
bu., 7Cv75c; native. tbliTOc.
SWEET POTATOi-J - Illinois, per bbL,
NAVT BEANS Per. bu., 62.SS.
CELERY -bmall, per dos.. 351J3c; Urge
o.MONb New home rmn, dry. per lb,,
Jc; Spanish, per cra'.e. 61.60; Colorado yel
low and red. me.
CALBAGE Wisconaln HolUnd. 2Hc,
T CRN IPS Canada rutabagas, per In.,
lc; white, per bu., SOc.
CARROTS Per bu.. 60c
PARSNIPS Per bu.. 6O0.
BEETS Per bu.. 6Cc.
CAULIFLOWER-Callfornla, per crate,
TOMATOES California, per 6-baaket
CUCUMBER3-Per do.. B.
APPLES California isellflowera. per box,
61.40: New York Greenings, Baldwin ana
other vatietlea. 63.6A
GRAPES Pon Catawba s, Sic; Imported
Malaga, per keg. 66.0tej4.oa.
CRANBERRlES-4ersT. per bbl., r.50;
per box 32.75: Wlsconaln Bell and Bugle. 66;
Bell and Cherry. Is.
IgCLNCES CaUfornla. per box. 3126.
r , TROPICAL FRUITS.
ORANGES Florida Brignta and Russets.
mii i'.,e,v '. large size. JS-0tit3 30.
LEMONS Cailfornla lancy. 3i0 to 3o6
aixes 64; choice. Z-aJ to ro sixes, 33 60.
IGS Caiilomla, per lo-lb. cartons, 66c;
Imported Smyrna, 6-crown. 14c; 6-crown, lac;
1 -crown, lsc.
CijCOANlTg-Per sack. 64; per doa.. 0e.
DATL3 Persian, per box of 30 pkgs.. 62;
per lb.. In 40-lfc. boxes, 5Ac; Oriental stuffed
dates, per box. 62.40.
iu.Sa.Na4-per medium-alsed bunch, 62-00
i&2.2u; Jumbo. 12.723.24.
CHEr.SE Wlacoasin twwa. full cream.
l-xC Wiacocain Young Americas, ll'-w:;
biock Swlaa. lo,-; Wisconsin brick. Lftc;
VA isconsln limborger. lie.
HONEY Nebraaaa. per 24 frames. 33.26;
Ltan and Culoraoo. per 24 framea. 63 50.
MAPLE S L' GAR Ohio, per lb., 10c
CIDER Per bbl.. 66-75; per --obl., 33 25.
PoPCoR.N-Per lb., 3,c; ah a. lad. 3Sta.
KOHsK RAU1U Par case of . dot,
NCTS Walnuts. No. 1 soft shell, per lb..
15c; hard shell, per lb., 14c; No. 2. soft shell.
Per lb., 13c; No. 3. hard shell, per lb., 12c;
Braxils. per lb.. 11c. filberts, per lb., lie;
almonds, soft shell, per lb . 15c; hard shell,
per lb., Uc; pecans, large, per lb., lie; smail.
per lb., loc; peanuts, per lb.. 5c; roasted
peanuts, per lb.. 7c; Chid, walnuts. 12jlic;
large hickory nuis. par bu.. 61.50; shell
barn, per bu.. 32; black walnuts, per bu.,
61. 2j; Italian cheatnuta, per lb.. 12c.
HIDES No. 1 green, tc: No. 2 greas. act
No. 1 aalted, 7c; No. 2 salted. 4c; No. 1 veal
calf. to 12 lb., SHe: No. 2 veal celf. 11 to
15 ibs., i-tc; dry salted hides. 8tjl2c; sheep
pelts, Si'ilue; horse hides, 31.sCKa2.ia.
Cleariasj Hoaso Averages.
NEW YORK. Dec 28. -The statement of
averages of the clearing house banks of tria
city for the live days of tne week shws:
Loans 3- 2. Jb2.su. Increase 613..2.uu; oepoa
Ita. jags xis.'.ou. Increase I17,tii4, -); c.rtula
tlon 64i.A-4.W4. devreeaie 3731. 7'4); legal
tender j. 307.W..2.6I. decrease 3o07.uo; sp.elo,
ll-l.lii. lneresse 63.2t4 soO; reserve, f.2..
ub4.3Ui. increase 62si..-J; reserve required,
1 211,4. .;5. increase 64.4-e o"7o; evirplis. 412..
.4.5 decrease 31,iio ., ex-Unlied Slates
deposits. 621,7Vi.6&0. decreas tl.44ti.tua
Baak Cleartags for Week.
TIM AH A. Dec 26 Baxk clearings for the
. as eoc. pared with tha corresponding
f4T P. 25 4E 61.r.530 64
Tutlay 1.176.H" jg Lu.764
Wednesday L110.SC6 53 1.0J4.75.4
Thurs.Uy I.ff.i6.4 1.403,4ti3
Friday , Holiday
Saturday L 2x4.261. 11 ' UtT7 Jh-2.a
Aa Increase of 6u0.l-;.27 over tha curre-
spoua:cg wee a iaatt year.
.few Tork linn mukeL
NEW TORK, Dee. -a. Close: Prime) mer-ca.-ifl
papal . nointra !y prr r it;
'B, I.VU..1H noujiiiaj. wim Hrmnr
bills lil 64.a4n-a4.al for drmsnd, and at lt-l A
IB4.a4 f tr sixty daa' tula; p--tJ raia
nnr-ili. I . r 1 . , . n .1 , J . .
- qv-. -m. ea,.ai-s
Treaaory Ha, I a are a.
WASniNdTON. Dec 2. Today state
ment; r the treasury balances in tbs geri
rl fund, exeauiive of r.a0.ws.ul gold
rwmmr-wm in ir.e arnsvoa at iKtmptlna,
shows: Avsalabla oaau tsxlajioa, fr a as l"iw
ow, yj J.a.1. i n
miK IN THE BLACK BILLS
Homwtak to Htrt Lirjwt 8-tp M il ia
WILL CRU3H THOUSAND TONS A DAY
Other Rig lasBreveaseata Are Betas;
Made bs- the f'ampaay Which
Will Cast Tbowsaads of
LEAD, 8. D.. Dec. 27. (Special.) Impor
tant Improvements are under way at the
Homestske mills. Improvements which will
when completed cost, the company many
hundreds of thousand of dollars.
Or.e hjpdred stamps are being added
to the Amicus mill of the company, and
thla Is being done without Interfering with
the werk of that plant. All the prelimi
nary work for the Installation of the new
machinery has been completed, and part
of It Is now In place. The new engine has
been put In and the transfer of the service
from the old engine will be made without
losing a minute's time. When the work of
enlarging the plant has been completed the
Amicus mill will contain 240 stamps, each
having a crushing capacity of something
over four tons of ore a day, and will be
the largest stamp mill In the world.
Another Improvement which, the company
haa under way la the enlargement of Its
No. 1 cyanide plant an Gold Run, which
now treats 1.200 tons of tailings dally. This
plant will be doubled In capacity and work
upon the addition is being rushed. To do
this new work at the cyanide plant It will
be necessary to move the roadbed and
tracks of the Burlington electric railroad
forty feet In order to give the plant room
to expand. Four thousand cubic feet of
rock and earth must be removed, the
waters of the creek roust be confined to a
new channel and when the Improvements
have been made this plant win then have
a daily capacity of 3,000 tons.
Ita Baslaess a Blsi Oae.
In addition to its stamp mills. In which
an aggregate of SCI are now dropping, the
Homestake company Is treating consider
able sillclous ore In both of Its cyanide
plants where the tal lngs are retreated. At
the cyanide plant In Gayvllle the company
has a battery of five stamps In operation
crushing refractory or sillclous ores pre
paratory to cyanldlng. At cyanide plant
No. 1 there la one large stamp tn opera
tion treating similar ores. Considerable
sillclous ore, similar to that found along
Dead wood 'and Poor man gulches, overlies
a great deal of the Homestake company's
ground and the best of this Is being mined
and treated at the cyanide plants.
These Improvements now under way will
greatly Increase the producing capacity of
the mines and result in a higher percent
age of gold being saved from the treatment
of the ores.
CUSTER CITT, 8. D., Dec 27. (Special.)
Work on the Minnie May mill Is progress
ing rapidly and It will soon be ready for the
reception and treatment of ore. As the
greater part of the values In tha ore from
the mine -are free milling, stamping and
amalgamation, supplemented by concen
tration, will be tha process employed In
the treatment of the material from the
workings. It la said that an excellent tody
of ore haa been opened up In the mine and
that no difficulty will be experienced in
keeping the ten-stamp mill now tn course
of construction supplied with a high grade
Finds -Qood-Loaklatl Vein.
Fred Heldeprelra has Just finished tha
annual assessment work on his group of
claims southeast of Custer City. During
the course of the work, which consisted of
enlarging- some of the old workings, an
other vein of ore was discovered by the
miners employed on the ground. The new
rein Is said to carry high gold values, la a
true vertical and about three feet wide.
Aa yet no assays have been made of tha
vein matter, but It la good looking stuff
and from testa made by the process usu
ally adopted by prospectors gives unusu
ally satisfactory results. The quarts Is
well covered with specks of telluride and
stains of vanadium. It rs the Intention of
the owner to further develop tha new find.
Stamps will soon bo dropping In the Bun-
beam mine on rich ore, and It la believed
that when the mill gets In action It will
be for a continuous run. For several
months the company has kept a force of
from fifty to sixty men employed In the
mine In getting out timber and cutting
cordwood. and is sow prepared In every
way to begin milling. It Is said that the
plant, a twenty-stamp mill, la on of the
most complete In the country, supplied
with every modern appliance for saving
gold, and In charge of one of the most
competent mill men In the west, Superin
tendent James Graham. During the time
the mill haa been building, development of
the ground haa continued, and It haa been
opened up by a a ha ft 46 feet deep, from
which at different levels drifts have been
driven along the course of the vein. On
the 300-foot level the vein haa been cut by
numerous cross drifts, and It has been
demonstrated that the ore body la an ex-
tensive one. and that It carries high values
In many places, but It is. taking an aver
age, richer than the usual free milling
peoporltlons of the H'lls. The ore is for
the greater part free milling, but. like the
ore further south In the district, carries
tellurium, bismuth and arsenic, but the
free-miring values are sufficient to guaran
tee tt a paying propoaltlcn. even though
that process Is alone employed In Its treat
tnent. No arrangements have been mad
for the re-treatment of the tailings, but It
la thought that they will he Impounded,
and if the management Is satisfied that it
will pay, they win be worked over. Plenty
of water to run the twenty stamps of the
mill is assured, for there la water enough
coming Into the shaft at the present time
to keep a much l-rgr plant than the one on
the Sunbeam supplied. Although the inflow
of water Into the workings is very heavy.
there Is at the shaft a pumping plant of
sufficient capacity to keep them clear with
out much trouble.
HILL CITT. 8. D.. Dec. 17 (Special.)
Superintendent Crof of the Redfem Min
ing company haa again resumed operations
on the company's ground with a small
force of men, and is now sinking a new
shaft, wblch will be continued dowa for
a depth ut at least 200 feet before erosa
cuttlr.g win be started.
Drifting from the 460-foot level of the
Golden Slipper continues, the workings
running to the north. On that level the
ore shoot waa much richer tha a usual, but
waa shorter than where encountered nearer
the surface, and was easily worked out.
When this shoot was worked out. drifting
on the gouge was continued, and tt now
begins to show values, so another shoot
la expected to be run Into very soon.
Recent work on tha Lena mine has
opened up a large body of free-milling ore,
which should pay handsomely when the
(nine baa been thoroughly opened up and
a stamp mill erected on tt. for tt Is easily
mined and can bo taken from the mine
at a small expense. Borne years ago ten
tons of almost specimen ore was taken
from Lena ground, aad since that time
the work dona upon the property baa been
with the end in view of again opening up
the. rich streak and it has not been until
recently the t attention baa been given to
tha largo depcaLt of free-miUrng ore con
tamed to tbo mine. This ore. while It
4Voea swK caury fancy values. Is of such
character that Its mining and treat
ment should1 result in gnod profit to the
company that wfll engaga to treat it opon
a large scale.
New development work will be Inaugur
ated on the Sunflower property within a
few days. This mine has already been de
veloped by a shaft 200 feet deep, from the
bottom of which a drift has teen run
along the course of the vein. A new tun
neU will be started from the font of the
mountain and run In until It taps the
vein at a much greater depth than present
MAITLAND. 8. D.. Dec. 27. (Special
QaMen City and the carbonate districts
hare been very busy this winter and a
great deal cf work has been under way
there. The Penobscot company has been
working a large force of men In Its mines
and mill ever since It started treating
ore. and Its bullion shipments every two
weeks will average about 614.000.
Work on the ground of the Goldwtake
Mining company Is progressing satisfac
torily and the tunnel, which has now been
driven Into the hill for a distance of 150
feet. Is In ore which shows a high per
centage of pyrites, which Is regarded as
a favorable indication.
Work on the Echo Mining company's
ground has recently disclosed the presence
of another vein of ore. assays from which
are said to give average returns of 121
a ton gold. It Is the Intention to con
tinue the present work of development
during the winter months and In the
spring add to the force now engaged on It.
Another company which Is spending con
siderable money In the work of opening
up Its ground tn the vicinity of Maitland
Is the Magnolia. This company has a
splendid prospect snd will keep a force cf
men engaged on Its ground during the
It Is reported that' the Bel tram Mining
company, recently organized on ground
adjoining the Columbus company on the
north and runnfng toward the Penobscot. Is
negotiating for the purchase of the Gold
Eagle company's holdings, which adjilnthe
Penobscot on the west. The Gold Eagle
company wis oraranlsed last summer by
local reopl" snd Nel raska capl'al. Work on
this ground haa been under way for eevernl
months and It haa made an excellent
Re mora Ahoat Horaeahoe.
LEAD, 3. D., Deo. 27 (Special.) There
are again rumors of a disturbed condition
of the affairs of the Horseshoe Mining
company. It is reported that the Decem
ber pay checks for the employes were tor
only part of the wages coming, owing to
a lack of funds. It la difficult to tell what
the result will be, but there la talk among
soma of the employes of filing liens upon
the mill, bullion and ore. This, it Is said,
fully insures the workmen against loss.
The MerraU stamp mill for the Ruby
Gold Mining and Milling company has ar
rived at Engl e wood, is being transferred
there on the Galena branch of the Burling
ton and Is to be delivered at Gilt Edge
riding in Strawberry gulch. From there it
will be hauled by Thomas Carse to the
new plant that the Ruby company is build
ing In Ruby gulch. Most of the machinery
and other material for the new plant has
now arrived and Mr. Coniett, general man
ager of the company, expects to have the
mill In commission early during the new
year. The foundations for the heavy pieces
have all been laid, the Fairbanks-Morse
gasoline engine Is In position, the battery
blocks are up for the stamps and when the
stamps arrive it will only be necessary for
connections to be made.
The Men-all stamps are something new
for the Black HI lie, although In quite gen.
era! use In California and throughout the
southwest. They are not different from the
ordinary stamp except that Instead of five,
three constitute a battery, and each stamp
works In its own compartment. A quad
ruple discharge Is obtained, there being a
discharge for each of the four sides. Each
stamp Is fed by Itself from Its separate
hopper and in this way the efficiency is
greatly increased. With the ordlnsry
stamps It Is quite frequent that some of
the battery are not doing their full duty,
owing to the inequality of the feed. The
Men-all stamp possesses other advantages,
among them being the ease with which a
cleanup may be" effected, it being unneces
sary to hang up mors than one stamp at
a time. With the ordinary stamps It be
comes necessary to hang up at least a
battery at a time and usually a section.
Crash Seven Ton n Day.
Where theae stamps are In use It Is found
by proper feeding that they will perform a
duty of seven tons per day with ease. This
Is more than the ordinary stamp will do.
Each of the MerraU stamps weighs L000
pounds, is provided with tha short drop
and drops at the rate of 110 per minute.
The general arrangement aside from the
Isolation of each stamp is similar to that
of all stamps. The stamps are arranged
with the ordinary cama, the ahaft shoul
dering are the same and the die la the
same. Owing to the directness of the feed
as long as there is ore in the hopper
ths stamp Is bound to perform Its duty.
There Is no place for the ore to fall except
on the die directly under th stamp. This
explains the Increased efficiency.
Mr. Gonxett expects to be able to treat
forty tons per day with the six stamps to
be installed. The MerraU stamp was de
signed originally to be used back of the
Chill mill. Mr. Conxett expects untl
roately to adopt this system In his plant.
For the present he will crush about forty
mesh fineness. Upon putting In the Chill
mill the screens on the battery will be
changed to about one-eighth Inch and In
this way It will ba possible for each stamp
to perform a duty of twelve tons per day,
From the stamps the ore will then be de
livered to the Chill mills and a system
will be obtained by which the capacity of
the plant may be greatly Increased at
small cost. This arrangement Is In effect
at many plants In California and other
points of the southwest. It Is found to be
the moat satisfactory where the Chill mill
is In use. as the Chill mill is not Intended
to receive coarse ore. In fact, when the
Chill mill receives coarse ore the effect of
the grinders jumping over large fragment
la to produce an unevenness In the dies
and In a short time they have to be re
placed. This dlffi -ulty Is -entirely avoided
by submitting th ore to a primary pulver
ising, either with Cornish mllll or with
the Verrall stamps, and the MerraU
stamps are found to be the more satisfac
tory. It has been proven that the slimes
are minimized by using the MerraU
stamps and the Chili pulverizers In con
junction In this manner.
Chaaaeerlala's Ceaga Remedy
P lease at to Take.
The n nest quality of arwnnlated loaf
sugar Is uad in the manufacture of
Chamberlain's Cough Remedy, and the
roots used in Its preparation give It a Cavor
similar t-y maple syrup, making it quit
pieaaant to take. Mr. W. L, Roderick of
PoolesvUls. Md. In speaking of this
remedy, says: "I have used Chamber
lain's Cough Remedy with my children
for several years and ran truthfully aay
It Is tha beat preparation of the kind X
know of. The ch'ldren Ilk to tak It atd
it has no lrjurlous af'er effect. '
Zaak Holds Hla Own.
The police received notice early yesterday
morning that a right waa la progreas In
ths alley In the rear cf the Dewey hotel.
When the police arrived Frank Zaak waa
holding the field alone with a badiy bat
tered r-ice. hi alleged aaaallants runn.ng
down Thirteenth street. Jamra Grady C.
W. Avery. R O. Iowery and E. J. Mt'rtln
were caught and Zaak stated that tl.ev aa
sa-jlted him ss he wss coming home. There
were conflicting stories loid of how the
aght started, with the bebetit of the doubt
-ii Zatak's favor.
SUPREME COURT SYLLABI
The following opinions will not be offi
cial lv reported:
ll-2 r-.rund Loclg. Ancient Order cf
1 n,ted Workmen, agaii.nt ot-t.tt. Frror from
Halt. Former. Jinlgmet.t vacated; Jud
nieiit district court affirmed Klrkpatrlik.
C. Division No. 3 I'nreported.
1. A membi r cf a herein la rv association
In g'od nandlng deposited with the finan
cier of hla locul I, Mice a sum of money suffi
cient to par his sssessments and dues for
several months In advance The financier
accepted the money, agreeing so to applv It.
The member then left the town of his resi
dence snd during his absence the financier
returned the money 'so deposited, less on
ssseesment. to the beneficiary nsmed In
the member s certirlf ate. snd thereupon the
member wss marked suspended for failure
to pay th next regular assessment. Held,
that the suspension was unauthorised and
2. vx-hare the financier of a lodF has" ac
cepted on deposit a sum of monev from a
member to cover anticipated assessments,
agreeing so to apply It. a f.irfelt-ire cannot
be predicated upon the failure of the mem
ber personally to tender the amount of an
assessment when due. If the financier haa
money In his hands to meet the assess
ment: and it is immaterial that the duties
of his office did not re-julre htm to receive
money fcr assessments before they were
payable. If In doing so he has not cortra
vened any positive law of the organisation.
3. One who Is illegally suspended from a
b-neflctsrr association may trest th sus
pension as Illegal and void, his membership
continuing. If he does net acquleace In and
consent to the Illegal suspension, and he
need not seek reinstatement.
4. A forfeiture cannot be prec-pttated upon
an omission of one party brought about by
the conduct of the other party. Bo that
where h member hss been illegally sus-
S ended from a beneficiary association and
ues tendered Ia- him are refused, tha
grounds for the refusal being continuous In
tnelr nature, his failure thereafter to ten
der dues cannot be made the basis of a for
feiture until after notice of a readiness to
receive the dues has been brought home to
the etispended member
. vvhile a member ot a henenciary asso
ciation who Is illegally suspends may ac
quiesce in srtn consent to the suspension.
so aa to forfeit his rights under a benefit
certificate, evidence in this case examitieq
and held net to warant an Interference that
the suspended member scqulesced in or
contented to the Uieg-al suspension.
6. Former decision rendered In this esse
(Grurd Lodge. A. O. I. W.. against Scott,
Neb.. ; S3 N. W. Rep.. 130) not adhered
1279. County of Keith against Big Land
and Cattle Company. Appeal from Keith.
Reversed, with Instructions, l-oplngier, c
Division No. 1. Unreported.
1. Tho notice provided by section 3. article
lv. chapter Ixxvtl of the Compiled Statutes.
Is not essentisl to the validity of a decree of
foreclosure of the tax Hen.
2. An artlon to foreclose such a lien la
rot barred until five year have elapsed
from the expiration of the time to redeem.
8. In an action Dy a county to toreciose a
lien renresent'd nv tax sale certificates
purchased bl' If, fail-ire to allege that the
action was I'uthortred by-the county board
Is not Jurisdictional, especially wnere tne
petition Is verified bv ono who swears that
tie Is the "duly authorized attorney" and
where the answer contains no averment of
want of authority.
4. The decree In such an action snouia
not Include taxes fcr which no sule h-"S
been made or certificate Issued to plaintiff.
1309 Carstns against El.er. Appe-tl fnm
Douglas. Affirmed. Oldham, C. Division
No. 1. Unreported.
L Prior to the act of 1S97 the Institution
of a suit to foreclose a mortgage and for
personal Judgment against the makers of
the notes secured by the mortgage, tolle
the statute of limitation on the liability
of the makers of the notee.
1 Only such defenses as nccme after
Judgment on the notes In such foreclosure
proceeding can be interposed against a
deficiency Judgment entered after the com
ing In of the report of the sale of the
in Rut sen Inst Colhv Tennev. Ap
peal from TJncoln. Reversed and djs-
mlssed. oiunam, v. iivisiun o. a- c. Ti
l A n rival individual cannot malntsln
an action to prevent gas mains being laid
In the streets of a city unless he plesd
and prove that some special Injury will
result to him.
T la fh dutv of "a cltv to protect its
streets and alleys from unlawful occupancy
snd molestation, and in tne atscna-ge m
this duty It may maintain an action to
teet the legality or tneir occupancy waa
molestation by anyone.
3. Under the provisions or srricie n., cnn
ter . Compiled BtstMtes, 1S', commonly
known as the initiative and referendum
law. It requires a petition signed by at
least 16 per cent of the voters of the city
to suspend the operation of an ordinance of
the city duly pansed.
13141. Ayres against Nixon. Error from
Dakota. Reversed. Ames, C. Division
No. L Unreported.
L There being no evidence in support of
the verdict and Judgment the same are set
aside and s new trial granted.
lTUS. Ladd agtlnst School District No. 6.
Hall countv. Appeil from HalL Reversed
and remanded witlj instruction. Albert, C.
I ivt.don No. 3. ...... .w
L A school district board has no author
Itv to purchase or lease a school house site,
unless directed by the elc-tors of the dis
trict st an annual or sneclal meeting, and
a purchase of such site by the school board
without being thua directed, la not binding
on the school district.
t. That the electors of a school district
have lawfully de-lanated a particular sit
to which to move the school hou-e is not
an implied d'reetlon to the board to pur
chase or lease such site.
13146. KHment against Corpan Grain com
panv. Error from Knox. Affirmed. Amei,
C 'Division No. 1. Unrervortei.
1. It Is not sllowahle to plead new matter
in a reply for the purpose of bringing for
ward a new cause of action not charged
In the petition or to aid the averments of
13157. FutW against Copo. Acpeal from
Holt. Affirmed. Barnes, C. Division No.
1. When the owner of land sold for taxes
la not known to th holder of the tax lien,
and cannot be found upon reasonable In
quiry, the holder of such Hen may make
the land a party to foreclosure proceed
ings; and In such esse sllegntlons in th
petition an! an affidavit for service by
publication to tha effect that the owner is
unknown are sufficient as against collateral
I If the land is properly made a party
and Jurisdiction over It Is duly acquired by
publication of notice, a Bale undor decree
of foreclosure creates a new and Inde
pendent title and bare all pre-exlwtlng In
terest or liena. Leigh againat Green, 60
N. W. Rep. 225. followed.
1 The fact that a person who Is a party
to eu!h foreclosure resides In the state
and has been served by publication only,
does not sffect th validity of the decree
where it Is not made to appear that be
had some Interest in the land In question.
4. When a tax sale purchaser, in due tlmo
surrender hi certlrtcate of purchase and
takes a void treasurer's tax rlee-t for "e
lands so purchased, the issuance of the aeni
and th failure of the title a'e concurrent
events. Carson against Broady. 56 Neb.
A. followed. , , .
13067 Johnson against Weber. Appeal
from Knox. Reversed, with Instructions.
Hastings. C. Division No. 1.
L Merely endorsing by the notsry on the
back of a contract by husband and wife for
ths sale of the wlfe i real estate of sn ex
tension of time for making the first pay
ment, which extension wss not authorised
by the wife, does not destroy the contract
aa reslly made, nor warrant the wifs In re
pudiating H- wW(,h u to bni bargain.
and to t depoalted with a cntract In a
v l. .....ii eoneevance is made uoon pay
ment' In full by a certain date, la In time If
It gets Into the bana De-ore me ruiurin
presented there, and both are left there to
gether by the parties, though the payment
la actually made three da after the time
named In the agreement.
3 Evidence held not to ahow any parole
waiver or release of the contract by ven
ds 4 The fact that the signature and
.ir,nlviiniu.nt of a wife to a contract of
sale of a homestead was made und-r threat
of her husband to "leave" her If ha did
not execute tt. Is not ground for ref:isuig
specific performance cr tne contract wncm
the vendee is entirely Innocent cf any par
ticipation In or knowledge of the threat.
13113 Huddiescn against Polk. Error from
Lancaster. Affirmed. Oldham. C. Divi
aion No. 1. ' . , .
1. The sureties on the official bond nf a
sheriff are liable for hla misconduct when
acting ss assignee under the provisions cf
section 7. chapter vt. Complied Statutes.
2. "The pr-.viau.aa of section 6. chapter vl.
Compiled Siatutrs, re-juiring tne tiling
of a died of assignment for record In the
clerk's office of tha county In which the aa
signee resides within twenty-four hours
after ita execution. Is mandatory." Miller
v. Walt. Neb.. 421. followed.
3 The fact that the asalgnor requests a
sheriff, acting as assignee, to withhu.d a
ded from record beyond the statutory
time. Is no exruae for eucB neglect.
4. An attorr.ev to whom claims are uncon
ditionally assigned may prosecute an ac
lion in hi own nam for a recovery ain
such claims without Joining the original
6. Th claim of creditors who stand In a
hostile attitude to an asaignment canno" he
prorated with the claim of thie who have
complied with th act in a diairlbutlon of
the proceeds cf the asaigtied property.
4. Evidence exaniiru-d and held not suffi
cient to show a compliance with the statute
in tha matter of recording an assignment
lala-L RidtUl against RluelL Appeal from
laincseter reversed snd dismissed. Hast
ings. Division No 1
1. "Since the amendment cf IT., section
S2 of the Code, d4-s not render a part
adversely Interested t- the representative
cf a de efls-d person Inoornr- tent as a wit
r.er.s In the actti-n. but only rendc-a hi
testimony ss to trsnsactlons anil conver
sations with the d-neased tncomp-tent
Sharmer v Mcintosh. 43 N . h . .1).
I Evidence held to 1"- solfe lent to uphold
finding of oral relin-tuish inent of fn-th-T
snare tn father's estate by appellant B
3. Held that such a relinquishment to be
effectual as to lands must be in writing-,
signed, bv the party to be charged.
4. Rei-cipt and retention nf lands from
the father In consideration cf such an
agreement is not such a part performame
if It as to take It cut of the siaiai of
11153. Mockett agilnst State ex rl Wocds.
Error from lavncast-r. Affirmed. Kirapal
nck. Division N'o. 3.
1. Where one asumes to fill a public of
fice, although without bcir.g reruHr'y ap
pointed thereto, bv his conduct Inducing
others to believe that he Is the cfTlcer. he M
amenable to process eomnuwi'l'iia- him to
perform any act whb h the duties of bis
office dictate, and lie la est"! ped to plead
a private contract Inconsistent with his
dutv to all.
2. M. was employed bv one of the purtl-e
to a proceeding had before the city aoi-"--u
of the ctty of Lincoln sitting as a board
equalization to appear at such hearing Bn2
take down the evidence in shorthand. The
clerk of the board, who claimed the right
to employ a reporter, and others Interested,
reiving on the presence of M.. who was a
competent reporter, ftiade no further ar
rangement for a recird of the pr -K-e-dings.
regarding him a the nffrtsl reporter to
whom stipulations between the pMrt'es were
dictated and exhibits In the case delivered,
and bv whom all the evidence wss taken
jriwn.' Held, thtt maodimu would lie ti
compel M to deliver a transcript of the evi
dence to the complainant In the prce-edltig
notwithstanding a secret aKrement by thu
terms of whl'-h he was to deliver a tran
script only to one of the parties.
lXiTT. C. F. Plsnke Tea and Coffee Com
pany against Re-es Printlrg Comr-any. Er
ror, from Douglas. Reversed and remanded.
Duffle, C. Division No. I.
1. Agencv cannot be proved by tha nets
or declarations of the alleged agent not
brought home to the principal.
2. Evidence examined and held not to.
surport the finding and Judgment.
1SJ28. Brott against State. Error, from
Nemaha. Reveised arid remanded. Sulli
van. C. J.
1. The conduct and behavior of blood
hounds after being set upon the trail of a
fugitive criminal may not be given In evi
dence by the state for tha purpose of prov
ing that the scent T T".- accusea ana tne
scent of the person who perpetrated the
crime which Is being Investigated are Iden
tical. Ias-7. Dodge county agitnM Saunders
county. Ertor, from Saunders. Re
versed. Iaiblnger, C. Division No. L
1. When the legislature sfeaka ot
"streams which divide counties," in see-"
tlon, 47. chapter XXVIII. Compiled Statutes
it must be tak- n as referring not to the en
tire stream but to some part of or line
3. The banks of a river are essential
Karts thereof and when a county boundary
i fixed at "the south bank." the river
may be said to divide th county from the
jne on the nppo-lte side within the mean
lr.g of section 87. ,
3. The purpose of said section, and the
ones 'mmediately following. Is to travel
from one county Into an a ijacent one, and
to divide the ccst between the two, and
the statute should be construed. If possible,
so ss to. give effect to ths apparent Intent
of the legislature.
A The tact that a resolution, ra'J by
the board of one of such countlts calling
upon the other to Join In making bridge
repairs, designates two bridges, will! after
the latter's teiusal a contract Is let. and
recovery sought as to one only. Is not
6. The statute of limitation doet not be
gin to run as against the tax Hen until
such failure of title and an action to fore
close the lien commenctd within live years
after the Isauanc of the tax deed, I not
barred by lapr.e cf time.
6. Mortgage forecloaure proceedings and
decree claimed to be a bar to the action
to foreclose the tax ltan e-vamlrv.-d. and
held, not sufficient to cut off th lien or
bar an action to foreclose it.
13186. Hoover agnlnst Hoover. Appeal
from Webster, r eversed. .Juffie. C. Divis
ion No. 3. Unreported.
L The pl-tlnllff in -rror resided in Omaha
and left that city with her attorney and
ona witness on tho morning ot January tth
to be present at th trial of her case at
Red Cloud on the next day. the trial be
ing set for 1:80 p. m. on the tth of Janu
ary. The partv stopped over right at
Hastings to consult another attorney asso
ciated In the case. Intending to take tha
morning train du to leave Hastings at'
6:10 a. m.. and to arrive at Red Cloud at
12:36 p. m. On account of an accident ths
train was delayed In Hastings until 1
o'clock p. m. and plaint'ff s attorney -luring
the delay communicated by telephone with
the presiding Judge at Red Cloud -nd with
the attorney for defendant In error but
could not obtain their conient to passing
the cafe until the arrival of the delayed
train. The attorney then communicated
with a resident attorney of Rad Cloud and
employed him to move for a continuance
of the cm. and o repr-sent pl'lntiff la
error on the trial if a continuance was de
nied. The mo'lun for a eontlnua-.ce was
overruled, a trial hsd and a decree entered
for th defendant in error. A motion -for a
new trial (Ved by plaintiff in error on the
morning of the same day wii also over
ruled. Held, that on the fwet the dis
trict court erred In not passing the trial
of the ouse until the srrlvxl of the de
laved train In Red Cloud.
132E6. Gandy agilnat Estate of Blssell. Er.
ror from I k-hardson, Affirmed. K!rk pat
rick. C. Division No. 3. Unreported.
L Evidence exas-.tned, snd held that tha
rulings cf the trial court thereon ar
2. Instructions examined ana held not er
6. The refusal of the trial court to jrlv
tr.strucion set out In the opinion- Held,
A Evidence examlrel snd found sufficient
to sustain tho verdict and Judgment.
IT. PAIL, MISX.
1 Stock, Grain, Provisions
Bought and sold for cash or carried on
reasonable margins, upon which a com ml
Ion will be charged of ht on grain, ia 4a.
s tucks acd bl cn Rax.
Writ for our market letter and prtv.a
telegraph cipher mailed free
SHI? YOUR GRAIN TO US
Prompt Returns. Best Facilities.
Liberal Advance. Usual Commissions.
OMAHA-US) Bee Bldg. 'Phone 311 .
SOUTH OMAHA -3 and 326 Exchange
Biug. 'Phone 72.
COUNCIL, BLLFFS 4u6 and 4-4 Suip
Utug. 'phone 674
LICOL9. Dili MODES.
Incorporated and Financed
Large Issues of Industrial and
Railroad Bonis Underwritten
Write Oar Bead Dept., for List
of Maalelanl Beaaa.
Baak era aad Fiscal Attala,
CHARLOTTE, X. t.
Mean 11. Or Broadway,
Sew York. T.
STOCKS AND DOMD9
GRAIN AND PROVISIONS
Wo have over 140 offloea.
Rafaranoaar its State aaa Nat l Baaijta.
Oik C-KR-riCK 19 TMB BUT.
Out of Twwa B-iataaaa Bottdtaa.
ten aaa Braacau 116 Par aa 4H- TaV gee?
TtWi si. WADCHCL CoTfwposdgaL
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