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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 2, 1906)
10 THE OMAHA SUNDAY BEE: DECEMBER 2, 1906. FOR EXCHANGE FOR EXCHANGE t-room bouse, modern exoopt heating, good barn, lota of fruit, large lot, paved street and sidewalk; trade equity for one or two good vacant lota. Canada form of 230 aoren, near good railroad, to ex change for good citjr renting property. I. If. HAMMOND, 131 Board of Trade. Z-53 a AN up-to-date stock ff hardware and good tone bulkling, 25X30, with a eheetiron addition, ifcx&o, anrt I will exc-hange for nood farm land: mock and building at a cash price of 110,010, or will put the build ing In at $4,0nu and Invoice the stock. I wl'l consider any good farm land, but it must Ik; put In at I In actual cash value, the same as lm doing with this stock and building. Address all communica tion to Lock Box Omaha, Nob. z a FOH SAX.K OR EXCHAis'UE No, 37, a fine lock of general merchandise, located In a good Kaiuuui town; will Invoice about l,0u; a line paying business. Will ex change for well improved farm. No. 16, a line drug stock, located In a good Iowa town of 10,000 Inhabitants, will Invoice about $15,000. Will sell for cash, on easy terms, or exchange for good real estate. Globe Land and Investment Co., Omaha, Neb. Z YOUR NAME and address printed 10,000 time and Bent to 10,000 tlrms ail over the world s they can send you mall; we In vented llilH and have satisfied 200,000 cus tomer. Bend 20c at once to be la trie '.i7 big lsBue and get a big mall free. Allen, the mail man, Dept. D 67, Ken nedy, N. Y. Z-M 2 TO EXCHANGE Stocks of goods, forms, lands, business and lesldcnoe properties, ranches, hotels, flouring mills, elevators, lumtmr yards, etc.; over 3,600 propositions to exchange; can match most any deal. Cull or send us full description of what vou have to exchange. Warren Harman, Cedar Rapids, la. 2 IF YOU do nut find what you want In. this column put an ad. in and you will noon get it. 2 KJ2 WANTED To exchange cltan up-to-date slock of groceries and hardware Invoicing about gl-.ono. for Iowa or western land, litoik located In hustling Illinois town with a business of 140,000 yearly. Poor health reason for exchanging. A money maker for soma one. Address Y liit, Omaha Bue. Z M587 2 FOR BALK OR EXCHANGE Fine busi ness block in centrtil Illinois town of 30.000 population: rents 111,000; owner will con sider merchandise, land or other prop erty In exchange. Box 81, Independence, Iowa. Z-946 2 HORSES AND WAGONS FOR SALE FOR SALE One vbuy, 3-year-old mare, a great prospect, very best trotter, weighs too lbs.; standard and registered, her sire I Mijor MeTeer 3!K1, her dam is Steam let Hhb; grandum. Proxy, by Happy Medium 400. You can buy this guaran teed mure for $375. Al Marks, Stanton, Neb. P-MU9 3 HOR8KS All kinds. Myers, 1715 Jackson. P M9S 1 VlORSES wintered; large box stalls; no barb-wire fencing. Keystone Stock Farm. Tel. Benson 3181. P. O. address, Benson. P M3 22 FOR BADE Cheap, 9-year-old bay horse, good order, weighs about 1,050 pounds; gentle, Just right for family or delivery horso. Ed J. Brown, 428 N. 40th St. 'Phone lUrney 1U61. P M951 Sx " When You "Write to Advertisers remerrber It takes only ar. extra stroke oi two of the pen to mention the fact tliul you saw their ad In The Bsc. PRINTING I YMfisT AH High grade 1907 Calendars, LllHUOlftUj, E corner 16th Su und & JORVE, Capitol Ave. 707 CENTRAL, PRINTING CO. Fine Job work; typewritten letters. 110 S. 17U. St.. IVb blocks north Bee Bldg. M741 13 TUB ACORN PRESS. Tel. Douglas-37'JB. Cominurclul printers, 1510 Howard St. M121 IJ WATERS PRINTING CO.. 13i7 Howard St. M7.il Fcb2? IVMi'I.Kl'V'! Una or W( calendars. Snell Printing Co., 310 & 12th 31. MISi 2 PATENTS F. J. LARSON' Sc. CO.. patent lawyers; patent book free. Bee Bldg., Omaha, Neb. 7ui BHARPE MACHINE SHOPS Putents procured, Inventions developed, drawings, patterns, castings, machine work. lk4-tli 8. loth St. 731 PATENTS procured and sold, 1 fee. Nufl Investment Co., Douglas Block. 18th and Dud ae. 4?l t DANCING UORAND'S winter term for children at 210 tJ. ltlth, Cixlghton Institute, will begin Saturday, December k; beginners, 2 p. in.; advance, 3:30 p. ra.; terms, four months, beginners 110, advance IS. 'Phone Douglas 1041. Adults, lulh and Harney; lessons Tuesdays and Friday I p. m.; assembllea Wednesday MU12 ii MUSIC AND LANGUAGES CHATKLAIN School of Language. Day und evening classes. French, Gorman, tipanlsh. Fencing. Davioge Bldg. -t2t 14 VOICE Instruction; oner, oratorio, conoert ete. Grace A. Hitchcock, tt5 & lith St. 'Phone Taylor-43&. MuOO tx POOL AND BILLIARD TABLES PASBOWS new billiard and pool tablt are tho best money van buy and are sold much chenper; eusy payments; catalogue free. Charles Passow 4c Sons, 216 8. lftth S t. M 476 r OSTEOPATHY JOHNSON INBTITUTH. 418 N. T. L. ToU Dluglas-l(j64. $71 DR. BOWSER Over 1 'ouglus-CITO. 1600 Faroam. Tel. MH3 20 DETECTIVE SERVICE WKTMORE Detective Service, 'phone Red 7401. room 13 and 14, Union Blk.. 13th and Farnain. M876 Did AMERICAN DETECTIVE ASSOCIATION, County riuperlnteudent, P. O. Lock Box m 4i'i7. Omaha. Msiii D15x CHIROPODY AND MANICURING DK. ROY, chiropodist; Miss Alloa Hail. manicure. Room t, Uut Farnain. TeL DoiHilas-MST M2o0 WINES AND LIQUORS SOL 8. UOLDSTROM-Whlsklea. wines and litiuors for family use. Mall orders given Eronipt attention. Send for prloe list ouih Omaha, Neb. Opposite Stock Tarda! WANTED TO BUY WANTED To -To buy secondhand furnitur. LTpets. clothing and shoe: cay rfcoa. TaL Dougl-871 stoves, ear th best p N-M748 19 FLORISTS HESS BWObODA. 1416 Faroaa. 7l L. HENDERSON, 1619 Farnam. TL Doug. 1H- 711 MONUMENTS - ttie&t Waatra UraUta Co. Douglas tea. wnyi court syllabi In the supreme court of the state of Nebraska opinions were filed on November iLi, luit, as follows: 143 LL Gordon against Omaha. Appeal from Ikmglaa. Amrmed. DufUo, C. Dlvi ion No. 2. 1. An ettorney may, by virtue of his re tainer, receive and receipt for money due his client .In a case In which he is employed and the act will bind his client unless the party paying It hart notice of a revocation of the attorney's authority to act In the case. 2. Notice affecting a city must, under section 74F.3, Cobbey statutes, bo In writ ing snd be served on the mayor or acting mayor, or In the absence of both t'rum the city, upon the city clerk. 3. An objection to the admission of evi dence on the ground that the petition does not state facts sufficient to constitute a cause of action, may be taken at any time during the progress of the trial and is not waived by answer or failure to demur. Where the objection is sustnlned nnd the plaintiff electa to stand on his petition or does not take leave to amend the same, Judgment should be entered for the de fendant. ..... 4. Whether a city officer may bind the city by assigning his salary prior to the Issue of a warrant therefor, not discussed or determined. 144a. Thoalcsn against Doxsee. Appeal from Custer. Affirmed. Oldham, C. Divi sion No. 1. Under the provisions of section 5, chapter xtcxll, Compiled Statutes, as amended In l!;t, an oral contract for the leasing of lands for a period of more than one year from the making thereof is void. 14475. Continental Trust Company against Peterson. Appeal from Douglas. On re hearing former opinion approved as modi fied. Barnes, J. . 1. An order to be final and reviewable on error or appeal must dispose of the merits of the- case and leave nothing for the further Judicial determination of the court. 2. The appointment of a corporation as executor or administrator Is not contem plated or authorized by the laws of this stale, but whether such appointment can be collaterally attacked is not determined. 3 Former opinion herein, reported In Neb., 107 N. W., 78S. moditled and adhered tC144M. First National bank of Madison against School District No. 1 of Madison. Appeal, Madison. Reversed and remanded with directions. Albert, C. Barnes, J., not Bitting. 1. Where a bond given by a contractor, conditioned on the faithful performunce of a building contract on his part, provides that In case of default on his part the surety may take possession of the build ing and complete the wutw, and, that In such event, "the reserve In the hands of the owner (of the building) together with any other moneys, due or to become due, shall be paid by the owner to the surety. In order to determine the rlghta of the surety under the provision, the building contract proper and the bond should be construed together as constituting a tri lateral contract Inter partes. 2. In such case, where the contractor de faults and the surety completes the build ing accordlsg to contract, the latter does not stand In the position of assignee, with respect to the "reverse" In the hands of the owner, and "other moneys due or to become due." but as an original party to the trilateral contract. .3. Future earnings or profits, under an ex isting contract, either public or private, are assignable. J4484. Cllnebell against C. B. A Q. Ry. LEGAL NOTICES 2200 REWARD. Pursuant to resolution adopted by the Board of County Commissioner November SO, 1906, a reward of IUXI (two hundred dol lars). Is hereby offered for Information leading to the arrest and conviction of the person or persons guilty of the murder, abduction or kidnaping of Viola Ayres, 14 years of age, who disappeared from her home in the town of uaterloo, Douglas county, on or about the 23d day of No vember, 1900. FRED BRUNING. Chairman. D. M. HAVERLY. County Clerk. RAILWAY TIME CARD I'MOX STATION-TEXTH AD HARCY t'nlon Pacific. Leave. Arrive. Overland Limited aS;5bam a 8:18 pm The China and Japan Fast Mall a 4:15 pm a 5:10 pm Colo. Calif. Ex a 4:15 pm a 9:30 am California & Ore. Ex. ..a 4:2." pm a 6:10 pm Lo Angeles Limited... al2:i4 pm al0:4S pm Fast Mail a 1:55 am a 5:00 pm Colorado Special a 7:46 am a 7:44 am North Platte Local a 8:10 am a 4:50 pm Beatrice Local b 3:00 pm bl2:46 pm Chicago, Rock Island Jt Pacific. EAST. Chicago Limited a 3:15 am a 7:10 am Iowa Local a 7:00 am a 4:30 pm Chicago Mall a 8:45 pm Iowa Local bl2:05 pm b 9:55 pm Chicago (Eastern Ex.). .a 6:06 pm a 1: pm Chicago (Iowa Lmtd.)..a 6:35 pm al2:K pm Des Molnea Local a 4:25 pm WEST. Rocky Mountain Lmtd..a 7:20 am a 3:05 am Colo. A Cal. Express... a 1:60 pm a4:50pn; Okl. & Texas Express, .a 4:40 pm al2:oi pm Llni'Oln Falrbury and Bellevue a 8:60 pm a 9:30 am Chicago A Northwestern. Cedar Rapids Pass a 7:05 am a 6:05 pm Twin City Expresn a 7:60 am alO.OO pin Chicago Daylight a 8:00 am all:16 pm Chicago Local all:3oam a 3:46 pm Sioux City Local a 8:50 pm a 9:25 am Carroll Local a 4:32 pm a 9:60 am Sioux City Local a 2:45 pm Chicago Express a 6:bo pm a 7:30 tin Fast Mail a 8:23 pm a 8:30 am Fast Mall a 2:00 pm Twin City Limited a 8:26 pm a 7:06 am Overland Limited a 8:38 pm a 9:31 am Chicago Limited all :00 pm all:olam Norfolk-Uonesteel a 7:40 am alO:3o am Llneoln-Chadron b 7:40 am alO:H6 am Dead wood-Lincoln a H:on pm a 5:o6 pm Casper-Shoshoni a 3:00 pm a 6:06 pm Hastings-Superior b 8:00 pm b 6:06 pm Fremont-Albion b 6:02 pm bl2:40 pm Chicago Great Western. St. Paul A Minneapolis. 8:30 pm 7:10 pm Bt. Paul & Minneapolis. 7:45 am 11:60 pm Chicago Limited S:4o pm 9:00 am Chicago Express 7:4iam ll:6o pm Chicago Express 3:30 pm 3.j0 pm Mlssonrl Pacific. K. C. as St. L. Express.. a 9:00 am a 6:30 am K. C. & St. L. Express.. all :15 pm a 6:Ja pm Nebraska Local a 2:05 pm all:40 am Chicago, Mllwaoke A Chi. and Colo. Special.. a 7 California and Ore. Kx.a 6 Overland Limited a 8 Marion at Cedur R. Loc.b 6 Illinois Central. Chicago Express a 3 Chicago Limited a t Wabash. St. Louis Expresa a ( bt. Louis Local (from Council Bluffs) a 9 Stanbnrry Local tfrom Council Bluffs) b ( St. Pi :55 am :46 pm :36 pm ij am :00 am .00 pm :30 pm :15 am :00 pin ol. a 7:30 am a 3:10 pm a 9:20 am bll.oo pm a 3:55 pm a 7 :30 am a 8:40 am a 10; 00 pm bll:30 am BIRI.IXGTOX STATION lot h A MA SOX Barllagton. Leave. Denver California. ...a 4. lo pm Black Hills s 4:10 pm Northwest Special a 4:10 pm Northwest Express all:10 pm Nebraska Express a 9:10 am Nebraska Local a 8:00 am Lincoln Local Lincoln Fust Mail b 2:00 pm Ft. Crook & Pliltsm'th.b :60 pin Bellevue & PIh ttsin'lh. .a 7 -50 am Denver Limited Bellevue & Pac. June. ..a 8:30 am Chicago Special a 7:23 am Chicago I i press a !:45 p:r. ( hicugo Flyer a K:"6 pm Iuwa Local a 9:15 am St.. Ixiula Express a 4:4a pm Kansas City-St. Joe al(i:45 pin Kansas Clty-St. Joe a 9:15 am Kansas Clty-St. Joe a 4 46 pm Arrlv. a 3 :30 pm a 6:30 pin a 9 t am a 6:30 pm a 7:40 pm a 9 OS am a 12 01 pm blo:25 am a h:30 am a 7:10 am a 8:90 am a 2:25 am a 3:55 pm a 7:25 am al.f3 pm all 30 am ' a 6 4". am a 6:10 pin WEBSTER STATlOS-lSlh t WEBSTER Chicago, Omnha. t. PamI, Minneapolis at Lea v. Twin City Passenger. ..b 6:30 am Sioux City Pasenper...a 2:o0 pm Emerson Local b 6 20 pm Emerson Local c 8:45 am Ulaaanrl Paclae. Arrlv. b 9 10 pm a 11:30 am b 9:10 am C 6:60 pm Local via Weeping Water a 8 05 am Palls City Local a 3 &o pm a Daily, b Daily except Sunday, xcept Saturday, c Sunday only. except Monday. a i :0 pm all am d Daily Daily OCbaX STEAMERS. flDirilT Ctark'B in Annual Cruise.Feb. UniLll I !'.v'' ' b chartered 8. 9, viiib.il I "Arabic," 16.0 ton. TUr. Tours Round the World HtLLix. C tUUt. M B'way, H. T. Co. Appeal, Custer. Reversed and re manded. Oldham, C. Division No. 1. 1. A railroad company Is not liable for Injuries caused by a team taking fright al the ordinary operation of a train upon Its road. Hendricks against F., E. M. V. Ry. Co. 67 Nebr., Iju, followed and ap proved. 2. Evidence examined and held: Insuffi cient to sustain the Judgment of the trial court. 1449. Summons against Kearney Power and Irrigation Company. Appeal. Buffalo. Aflitined. Albert, C. Division No. 2. 1. While the general rule Is that a sub sequent purchaser, or lessee of mortgaged property, taking under a conveyance or lease from the mortgaitor, takes subject to the mortgage, yet where the mortgage. In express terms or by clear Implication, authorizes the mortgagor to make such sales or lenses for the benefit of the mort gagee, a sale or lease, made In pursuance of such authority. Is binding on tho mort gagee and those claiming under him. 2. A corporation formed for the purpose of supplying water or water power is a quasi public corporation, and ns such is bound to serve the public Without unjust discrimination. 3. A clause of a contract of a corporation of that character, which, If enforced, would prevent Its serving the public on sucn terms, is illegal and void. 4. In a suit for the foreclosure of euch mortgage, and where the lessee is a parly asserting the priority of his lease, the ex tent to which such lease Is valid and en forceable. Is a legitimate subject of Inquiry and adjudication. , 14494. Caproon against Mitchell Appeal, from Antelope. Affirmed. Duffle, C. Di vision No. 2. 1. An order overruling a motion to strike from a petition will not be reviewed on appeal when not assigned as error In the motion for a new trial. 2. The plaintiff purchased a horse from the defendant, giving his note for the pur chase price. The horse was lost to the plaintilT on account of a chattel mortgage nnide prior to his purchase and his note had been transferred before due to a good faith purchaser. Held, that he might re cover from the defendant the amount of his note and Interest. 144?7. Merriman against Degree of Honor. Appeal, from Lancaster. Reversed and te manded. Oldham, C. Division No. L 1. Where a married woman Is the holder of a policy of life insurance. It, Is not a false representation for her to sign a cer tlticate, when she Is pregnant, stating that she is In sound bodily health, if the cer tificate Is otherwise true. 2. Where a married women Is an appli cant for life Insurance In a company that Issue policies on the lives of married women, she Is not required to Inform the company of evidence of pregnancy discov ered subsequently to her physical examina tion and application. 14500. Battles against Tyson. Ameal, from Fillmore. Reversed and remanded. Duffle, C. Division No. 2. , 1. T'nless words upon which a charge of slander Is based are plain and unambiguous In their meaning, the meaning intended by the defendant and the understanding of those hearing him should be left for the Jury to determine. 2. To charge a woman with being a lewd character, of using her body for commer cial purposes, and wnn Keeping a gam bling room, Is actionable per se. 14501. Fox against Fox. Appeal from Butler. Affirmed. Jackson, C. Division No. 2. A parent divided his property among his sons, who In return agreed to give each of their sisters 21,500 In cash, the sisiers as senting to the plan as an arrangement by xLhieli fhev were to receive their portion of the parent's estate. One son assumed the payment or the sum clue tne piainiirr, one of the daughters. He died without having paid any portion of the amount agreed upon. Held: First, that a constructive trust arose which could be enforced against the es tate of the deceased. Second, that the action to enforce the trust could be maintained by the cestui que trust In her own name, although the parent was still living. Third, that the parent had no such di rect legal Interest in the result of the action that wonld disqualify him as a witness In behalf of the plaintiff. 14.i02. Segear against A estcott. Appeal from Douglas. Reversed and i-emanded. Epperson, C. Division No. 1. The owner of land, In the possession of a tennant, whose lease provides that the lessor may aell or dispose of any part thereof, by making a corresponding re duction In the rent, may, without the con sent of the lessee, dedicate a part thereof to the public for a highway. 14506. Carmack against Erdenberger. Ap- teal from Cedar. Affirmed. Albert, C. Hvlsion No. 2. 1. The change made by the act of 1905 In the procedure to obtain a review of a Judgment at law in a civil case leaves tho rule with respect to the necessity of a motion for a new trial unchanged. 2. The statute requiring a motion for a new trial to be In writing, and tiled during the term at which the "verdict, report or declylon" la rendered, and, except for the qause of newly discovered evidence, within three days after the verdict or decision Is rendered, unless unavoidably prevented, is niandutory. 3. A court ha no authority to rule on a motion for a new trial which has not been filed and Is not before It, In anticipa tion that such motion may be subsequently filed. 4. A motion for a new trial, filed out of time and not coming within any of the exceptions of the statute, is or no avail for the purposes of a review of errors In tills court. 14510. Farmers State Bank of Saronvllle aguluht Sutton Mercantile Company. Ap peal from Clay. ReVersed and remanded. Albert, C, Division No. 2. 14611. First National Bank of Sutton against Sutton Mercantile Company. Ap peal from Clay. Reversed and remanded. Albert, C, Division No. 2. 1. Where there Is an answer on file set ting up a valid defense, the fact that the defendunt falls to appear, either In person or by attorney, when a cause is reached for trial, does not entitle the plaintiff to a Judgment without proof of the facts consti tuting his cause of action, unless the facts admitted by the answer make out a prima fade case In his favor. 2. The presumption in favor of the regu larity of ihe proceedings of superior courts are of no avail against (acts shown by the recoro useii. 3. Where a Judgment at law is rendered on the pleadings alone, a motion for a new trial is not necessary to obtain a review in this court. 14517. liu.hr against Manke. Aprxal from Ijinciufter. Reversed and remanded, iip pertion, C, Division No. 1. To entitle one to recover In an action In damages for the breach of a contract, he must show that the wrong done and the in Jury sustained bear towards each other the relation of cause and effect. The damages which one has sustained to entitle him to recover must be the natural and proximate consequence of the wrongiul act com plained of. 14519. McCaguo against Eller. Appeal from iHiu&lag. Afttrmeu. Ames, C, Division No. 1. 1. The right of redemption of real prop erty from a mortgago debt and the right to extinguish that right by Judicial foreclous ure, are mutual and reciprocal. 2. When the cwner of a mortgage upon real estate acquires by Judicial foreclousure and sale the legal title to all the iiiortgfHied property, leaving an unpaid jesidue of the mortgage aem, ana tne proceedings aro t accident or mistake Incomplete in the re spect that they leave an equity of redemp tion In a part of the premises In the hnirs at law of one of the mortgagors, the plain tin In such action, being the purchaer at the sale, or his grantee, may maintain an action to foreclose the unextinguished equity of redemption for the unpaid resi due of t lie debt. 14tji,. Russell against States. Error from Frontier. Reversed and remanded. Sedg wick, C. J. 1. The judge of the district court ha power lor sulficlent reason to adjourn a regular term of court to a future time or without day, and this may be done by an order to that effect sent to the clerk of the court before the time fixed for holding; the regular term. 2. The Judge of the district court may call a special term for the transaction of the general business of tho court If he deems It necessary. 3. When the regular panel of petit Jurors I quashed for any reason the district court may order Jurors to be summoned under section Ml. Cobbey's Annotated Statutes, 4. In a prosecution for seduction evi dence of specitlo acts of lewdness on the part of the prosecuting witness is incom petent. If the prosecuting w linens was of good repute for chastity prior to the alleged seduction she is within the pro tection of the statute. The evidence upon this Mlnt should be confined lo general reputation for chastity. 5. A teacher's certitlcate held by th prosecutrix at the time of the alleged se ducllun is not competent evidence of repu tation fur chastity. 6. The crime of seduction Is not complete unless the Illicit lniwrcourx Is had under promise of marriage. The promise must it, an unconditional one; It must be of such a character and made under such cir cumstances that the one to whom It Is made might reasonably rely upon it. A promise conditioned upon pregnancy as tho result of suili illicit intercourse is nut such promise. V. '1 he requirement of the statute that the evidence of the female must be cor roborated relates both to the act of lllic't Intercourse and th promise of marria and th .xinleiice of una of these fail ds not necessarily prove the rxislenc of the olher nor does li furnish the cor roboration required by the statute. 8. Th vlrtiuuslaiu: rotisd upua aa co- robortlng th evidence of the prosecuting witness as to the promise ot marriage must point so plainly to the truth of her testimony snd be of such probative foite aa so equal the testimony of a disinter ested witness. 9. If a defendant In a criminal : Is a witness In his own behalf, It Is erior to Instruct the Jury that: 'if the defendant by his own testimony has not denied In any way any material fact provi d In the case within his personal knowledge, such testimony or maierlal fact proved. If not denied by the defendant. Is admitted by the dcf.-mhuit to be true." Comstock against S;atc, 14 Nlir., 205, distinguished, d i.t. ivinKcaii aaainsi l urgeon. r.riur, Dakota. On rehearing, reversed and re manded; forimr opinion vacated. Lctton, J . 1. By statute so much of the' common law of England as is applicable and not Inconsistent with the constitution of the I'nltd Bfiitts or the constitution and stal utes of this state. Is in force In this state. 2. lender the common law a riparian owner of lands on one side of a navigable river above the flow of the tide holds to the thread of the stream, subject to the public easement of navigation, and If the river suddenly changes Its channel and leave Its former bed, the boundary does not change, and he still holds to the same line. This Is also the rule of the civil law. 3. The common law relating to tho rights of such rlwrlttn owners Is applicable In this state and fs not inconsistent with the constitution or statutes of Nebraska or the constitution of the United States. 4. Where the Missouri river suddenly changes Its course and abandons its former bed, the respective riparian owners aro entitled to the possession and ownership of the soil formerly under lis waters as far as the thread of the stream and may maintain ejectment to oust squatters within such limits. 5. Former opinion. 104 N. V 1;2. vacated. 140oii. Corson against. Lewis. Error from Douglas. Affirmed. Oldham, C, Division No. 1. 1. A contract for legal services Is personal in Its nature and cannot be assigned by one party without the consent of the other. 2. Death or disability, which renders the performance of such a contract impossible, annuls the contract. 14;t41. Klrkendall against Weatherly. Ap peal from Douglas. Affirmed. Ajnes, C., Division No. 1. 1. A voluntary assignment for the benefit of creditor executed In a sister state ac cording to the laws thereof Is ineffectual to convey real property situated In tills state unless it Is executed and recorded In such manner as would render It bo effectual if made In this slate. 2. A creditor by participating In an In solvency proceeding begun in a sister state by a voluntary deed of assignment Insuffi cient In form to be effectual to convey real property situated In thl state, may become estopped to Impeach a purported title of a purchaser of such pnjerty acquired In good faith In the progress of such proceedings. 8. Although by express stipulations in a trust deed or mortgage of land situated in this state the legal title and right of pos session of such land may be conveyed to Ihe trustee or mortgagee, yet the equity of redemption of the mortgagor cannot be extinguished by adversary proceed. ngs other than Judicial foreclosure. 4. When by express stipulations the legal title and right of possession of land situated In this state are conveyed to a trustee In a trust mortgage the trustee may, with the knowledge and acquiescence of tho mort gagor, without fraud or collusion or the In tent or effect to injure or defraud third persons, convey such legal title and right of possession to tho mortgagee In consid eration of a release and discharge of the mortgage debt, and In such a casn a con veyance of the premises by the mortgagor, either directly or through a third person, to the mortgugee, with the intent and pur pose to extinguish the equity of redemption, will have that effect. 14518. Grothe against Lane. Appeal from Saline. Afiirmed. Jackson, C Division No. 2. M 4 A contract should be constructed to give effect to the intention of the contracting parties, keeping In mind the situation of the iiurtlea Hie nronertv which lS the Subject matter of the contract and the use to which it Is being applied. 11383. Neaion agulnst McGargill. Ap peal, Greeley. On rehearing former Judg ment ot tni court mouuieu unu ihudc iu manded with directions. Duffle, C. Divi sion No. 2. 14:4. Squires against McCarthy. Appeal, Holt. Affirmed. Ames, C. Division No. 1. 1. When an action by a county to fore close a tax Hen upon a tract of land has proceeded to Judgment of foreclosure and sale, and a sale has In fact been had, though not yet confirmed, the tax Hen had become merged In the decree nnd the tux payer's right to discharge the same by payment of the tax to the county treas urer in the ordinary way, Is superseded by his right to Judicial redemption, which must be obtained. If at all, by means ot pro cedure appropriate thereto. 14415. Canham against Bruegman. Ap peal, Knox. Affirmed. Ames, C. Division No. L 1. In an action for damages by a vendee tifjalnst a vendor of horses infected with tho disease of glanders a petition Is not obnoxious to a general demurrer because of an omission of an averment that before or at the time of the sale and delivery complained of the vendor had knowledge that the animals were so Infected. 2. Section 3171 of Cobbey's Annotated Statutes enacting a penalty for selling glundered horses or permitting them to run at large was not superseded or re- Fiealed by a subsequent act to prevent the mportallon, selling or permitting to run at large of any domestic animal afflicted with a eontagious disease, being sections 3174 to 3177 of said statutes, the hitter being general In Its terms, while the former has a special and particular object. 14447. Godfrey against Cunningham. Ap peal from Douglas. Affirmed. Epperson, L'. Division No. 1. 1. After the filing of a stipulation signed by the attorneys of both parties agreeing that an order of sale In a partition case and all proceedings thereunder be vacated, a confirmation of such sale without a con sideration and disposition of the stipula tion Is an irregularity within the meaning of see'lon 1612, Cobbey's Annotated Statutes. 2. In a motion to set aside the confirma tion of a Judicial sale for Irregularities un der the provisions of section M12, Cobliey 8 Annotated Statutes, It Is sufficient to al lege the existence of Irregularities which would have been sufficient to avoid the sale had they been considered at the time of confirmation, 3. "An Interlocutory order or ruling may bo reversed and vacated at a subsequent term by the same court without compli ance with the provisions of section W2, et seq. of the Code of Civil Procedure, re lating to the vacation and modification of Judgments and final orders at u term sub sequent to that In which rendered." Huff man against Rhodes, Neb., loo N. W., 151. 4. lii less an abuse of discretion of the trial court In setting aside an Interlocutory order Is shown, an appellate court will not Interfere therewith. 5. A motion to set aside the confirmation of a Judicial sale Is not waived by later filing a K'oliuti lo set aside Interlocutory orders and no prejudicial error results in considering both motions at t tie same time. 14S. Johns & Sandy ugainst Reed. Ap peal from Box Butte, judgment of dis trict court In favor of plaintiff and against Intel venor, National Cash Wcgister co.i - puny affirmed; Judgment In favor of da fftidtinl reversed und remanded. Albert C. Division No. 2. 1. The creditors of a vendor who has made an Illegal sale of his property cannot seize the same unless they can show that such transfer wus un Invasion of and preju diclaj to their rights. 2. Ordinarily a sale made with the knowl edge nnd intention of both partle that the subject mutter thereof shall be usd for an Illegal purpose. Is illegal. But where such use is not in contemplation of the partle at the making of the sale, a subsequent use of the subject matter for an unlawful purpose does not render the sale Illegal. 3. A condition in a contract of sale, whereby the title Is to remain In the vendor until the full amount of the cun tact price Is paid. Is vald, as against purchasers and Judgment creditors of the vendee In actual possession, unless reduced to writing, signed by the vendee and a copy thereof filed with ihe county clerk or registered of deeds of the proper count). Section 26, chaper 31 Compiled statute (Cobbey's Annotated Statutes, 6UT5.) 14407. Gorchowskl against Gruchowskl. Appeal, Cuming Affirmed. Jackson, C. Division No. 2. 1. A promise made In consideration ot au agreement to refrain from resisting the probate of a will is not void as against public policy, wheie no iiersons or interests other than the persons and interests of the contracting parties are prejudicially affected thereby. 2. Such a promise Is not without consider ation snd will be enforced. 14471. Continental Lumber company against Eilward Munshuw & Co. Appeal from Douglas. Reversed and remundeu. Oldham. C. DivUlnn No. 1. 1. Where there Is competent testimony tending to supisirt a defense proprly pleaded. It is error for the trial court lo direct a verdict for the plaintiff. 2. Winn the Intention of a party Is to be ascertained from disputed or ambiguous circumstances, the necessary Inferences lo be drawn are for the determination of the jury, lnigan againnt Whaleu, 67 Nebraska, JtS, followed and upproved. 14473. Sorcnson against Townsend. Ap peal, Brown. Reversed and remanded. Al bert. C. Division No. 2. 1. In enaction o nan express contract th defendant nsay show, undt-r a geneial denial, that the contract differed In leruis from that phaded, or that no contract wus In fact made. 3. Whej th avidvue adduced, by th defendant tends to establish a particular theory, w hlcii, If established, constitute a defense, he has a right to have such theory suoiiulted lo the jury. 144'. Iingan axainst Village of Wood River. Appeal. Had, Affirmed. Aines. C DIsvlMon .so. 1. It Is competent for a board of village trustees to provide by ordinance for a trial, before themselves, of a complaint against a saloon keeper for alleged viola tion of the regulations of the statute and ordinances, with reference to the sale of Intoxicating liquors, and upon his con viction, as a result of such trial, to revoke his license. 14.".22. Dawes County against Sioux County. Appeal from Sioux ounty. Ke versed and remanded. Duffle, C. Division No. 2. The county from which a rhange of venue hi a criminal case Is taken Is liable to the county In which the trial Is had only for the lees of such Jurors of the regular panel as sat upon tiie trial of that case, and such additional Jurors as were re quired to be In attendance on account of the trial. 14485. Bralnard & Chamberlain against Butler, Ryan Co. Appeal from Douglas. Af1irm"d. Jackson, C. Division No. 2. 1. infective notice of a conditional order vacating a default Judgment before a Justice of the pence does not deprive the Justice of Jurisdiction over the subject mat ter, and he may, on application of the mov ing party, continue tne hearing for proper notice. 2. An objection to tho Jurisdiction over tho subject matter Is a waiver of objection to jurisdiction over the person. 144H8. St. I"aul Harvester company against Fuulliuber. Appeal from Lancaster. Re versed and remanded, Epperson, C. Di vision No. 1. Newly discovered evidence merely cumu lative In character may be sufficient ground for granting a new trial, If the lircumsetnces of the record is such as to render It highly probable thai It would. If produced, have changed the result of the trial. Uerman National bank against Ed wards, 63 Neb., 804. 14-tiv-144!tl-144!t2. Reese against Harlan, Woodhull against Woodhull, llailan ugainst Fremont. Appeal from Thurston. Affirmed. Dullle, C. Division No. 2. The widow of an allottee of Omaha In dian lands Is entitled lo a life estate In Urn equitable fee of her deceased husband with remainder over to the Issue of the marriage, or to the surviving father r mother of the husband If no issue survive her. HG78. Cordson against State. Error from Thurston. Affirmed. Barnes, J. 1. Where a statute states tne elements of a crime It is generally sufficient In an In formation of Indictment to describe such crime In the language of the statute. 2. Section 204 of tho Crinilnul Code, which declares that a father who shall rudely und licentiously cohabit with his own daughter, shall be guilty of Incest; and which pro vides a punishment therefor, is valid and is sufficient in form and substance to create tho offense therein descrlled. State against Lawrence, 19 Neb., su, followed. 147!7. In re application of Mclntyre. Mclntyre against Mote. Error from Dawes. Affirmed. Letton, J. I'nder the practice of this court, where the record contains no bill of exceptions and the pleadings arc sufficient lo support tho judgment of the trial courl, 11 will be affirmed. 1472. State, ex rel. Spencer Ins com pany against Searle. Original writ of man damus allowed. Barnes, J. The money donated by the United States to the University of Nebraska, by an act or congress, approved March 2. 1SS7. and acts supplemental thereto, known as the experimental station fund, may be ex pended by Ihe board of regents for the pur pose expressed the donation, without other or more specific legislative approp prlatlon than that Implied by Section 11. Article 8 of the constitution, and contained In Section xix, Chapter 87 of the Complied Biaiuies ot iwo icoouey Annotated Stat utest 11216). 144o0. Loso against Lancaster Countv. Appeal from Lancaster. Reversed and re- manlea. Epperson. C. Division No. 1. 1. The doctrine of tndentltlcatlon or Im puted negligence does not apply to one Injured while riding In a private vehicle, where no privity exists between the lniured person and the owner or driver of the vehicle, and the injured person himself Is not guiny or contributory negligence. 2. One who Is lniured bv reason of a de fectlve bridge while riding In a prlvute vehicle may recover from a eountv. other wise liable, notwithstanding the negligence or me ariver, wnicn may have contributed to produce the lnlurv. the lniured nartv being free from negilgrnce nnd having no auLiioniy or control over tne ariver. 3. The first paragraph of the syllabus of Omaha. & Republican Valley Railway com pany aguinsi laioot, ien., 627, modified. 14453. Larson aaalnst Sloan. Anneal from Thurston. Afiirmed. Ames, C. Division no. 1. An order sustaining a general demurrer to a petition not followed by a Judgment of dismissal or other final disposition of the case, Is not a final order of Judgment and iti reviewable In this court. 14455. Stone against Snell. Appeal from Greeley. Affirmed. Ames, C. Division ino. i. 1. A mere option for the purchase of land Indeterminate as to time and accompanied by a deed deposited in escrow. Is termin able at anv time upon reasonable notice bv the vendor. 2. A vendee of land in the possession of a tenant takes the tlile subject to the un expired term. 14466. Myers Royal Spice Company against 1 Griswold. Appeal from Lancaster. Re 1 versed and remanded. Albert, C. Division No. I. Plaintiff, through its traveling unlnni, , took defendant's order for n quantity of hock ioou. ai ine time tne ordT was taken such salesman was assisting the de fendant In selling and creating a market for stock food of the same kind, previously sold to the defendant by plaintiff, and the order was given on condition that such salesman would continue thus to naolm it,. I defendant for a certain time. The sales I man left Immediately after taking the order and gave the defendant no further i assistance. Held, that the measure of de I fendant'a damage Is the reasonable value of the services which were to be rendered to him by the salesman according to the terms of the contract of sale. 144iO. Glllls apalnst Estate of Solomon I Paddock. Appeal from Burt. Jackson. C. ! Division No. 2. here the evidence upon a question of fact material lo the Issue Is conflicting and such that reasonable minds might reach different conclusions, the question Is one for the Jury, and It is error for the court to direct a verdict. 11163. Beam against Beam. Appeal from Nuckolls. Affirmed. Duffle, C. Division No. 2. Evidence examined and held to aupport tho finding of the district court. LAHOIt AMI VI Hi'HV, As a result of successful test of mechan ical pickers In the Pennsylvania coal mines, one brunch of the child labor evil may be eliminated. One of the experts of the United States geological! survey is convinced that there is coal enough In this country to last 4.C00 or 6,000 year. The use of concrete already has thrown thousands of stone masons and cutters out of work throughout the country. In some large cities whole buildings have been con structed of the material. The bartenders' unions of the country, which are now Internationally affiliated with the Hotel and Restaurant Employes' league and Bartenders' National alliance, desire a separate international of their own. The Austrian law compels mine owners to build "rescue chambers'' underground. The room must be large enough to hold at least twenty-four people, and must be pro vided wilh tinned food, medicine chest, first aid material, Inhalation apparatus, and compressed oxygen In cylinders suffi cient to last at least three days. The American Federation .of I-abor 1 about to conduct un investigation of a number of problem confronting the wage earner of this country, the principal mul let being th upprentlce question: dis placement of child labor by the machine; graduates of the trade school, manual train ing school, and schools of technology; child labor arid Insanitary conditions in home and shop. Railway construction work In all part of the country, especially In the west. Is being seriously retarded by the Inability of the roads lo get enough common laborers. It 1 estimated that in the west alone there is a demand for at least 60.OOO men, tills despite the fact that the rouds give labor ers transportation and that some of the roads are offering as high wages aa $2.50 a day and boa i d. RELItilom MOTES. The congregation of the Fifth Avenu Kaptiat church, New York, has voted unan imously to call the Rev. lr Charles V. Aked. pastor of the Pembroke chapel, Liv erpool. Kngiaud, to till the pulpit of the church, leit vacant by the resignation of the Rev. Ir. R. P. Johnstou. This Is John D. Rockefeller's church, and Ir. Aked I at present supplying the pulpit. He will not decide whether or not he will accept before be returns to Log land, which will be Lx eember 5. 80 fur as known, Fatlwr Albert Negahn quel, now working among the red men of Oklahoma and Indian territory, la the only living Roman Catholic priest who is 11 full hlooded Indian. IU was born on the Potta watomie reservutlon In Kansas In Is. 7. After studying in the Catholic college of Washington he went to Rome. It was there In the Church of Mania Prassedo thai he ovlcbiatod Id Call lima a, Ulut. Li I slur u to fhls country three yesrs ago he ha been laboring among bis own people. Rev. John Schaeffer of North Benton. O., celebrated his one hundredth and first birthday last week. He l the oldest e'eray man in Ohio and possibly In tho United States. ' Mr. Schaeffer preached regularly for slxtv years and has lived In his present home for ten years longer. He reans news papers without glasses and has hardly been 111 a day in his life. CHASING THE LORDLY TARPON Piscatorial (oil) of Florida Water Ulve Fishermen the Tim of a l ife. With the approach of the aeason when northern visitors flock to Florida the thoughts of many fishermen revert to the lordly tarpon and tho splendid fight he puts up against those who seek to capture him. Not all are Isaak Walton. Sitting In a boat throughout an entire day, holding a slender line, the hot rays of the senil troplo sun beating down upon one'a head the while. Is to the minds of some men a worse than useless manner of spending a day. To others fl'nging a thread-like line over the foam-flecked surface of a pool In tne hope of catching a little speckled fish which has not the strength to move a pound bob has no special charm. Perhaps, however, they would enjoy tarpon fishing; that Is different. It Is like conquering a spirited horse. The tarpon sometimes at tains a weight of 200 pounds and a length of seven feet. It has sufficient power to throw thl weight twice lis length Into the nlr, above tho surface of the water. Land ing such a fish Is the kind of sport that grips a man. for It means subduing a living thing that has greater power than himself. It Is tho sort of sport that leads some for eigners to make of New York City simply a transfer point on the way from Europe to thi? tarpon waters south of Florida. The sport consists In subduing the finh and In watching Its acrobatic feats while being made captive. For dietary purposes tho tarpon would rank with Esquimau or any other kind of dogs. Therefore, there Is nothing to le gained by killing the fish and puliing It Into the boat. One may have nil the sport and even gain the measure ment of the captive, as a basis for future fish stories, without taking Its life. When exhausted It may be drawn alongside the boat, tho tape line applied, the hook with drawn and the fish allowed to take up Its life again. A sore mouth will be Its only memento of the battle royal, and this will last for only a short time. The unsports manlike thing ubout tarpon fishing. In fact, would he failure to give the "silver king" his liberty again after the clean-cut fight and tho exhibition of lofty tumbling with j which It has entertained the fisherman. The skillful sportsman will ue a line no heavier than a curtain cord and a light- ! weight rod and reel. It Is such an outfit 1 as the fish could destroy If It could get Us head. The skill lies In keeping the line taut, allowing it to flow out through the tip when there Is a pull and winding It In on a multiple reel with a speed that makes the line smoke the . Instant It fall slack. The fisherman's object Is to keep the great fish's head pointed toward the boat. To allow It to turn away would be to give It such a purchase on the line that It could "take the bit In Its teeth" and run away. In the efforts to eject the hook from hi mouth the tarpon performs a series of evo lutions In the air that are the poetry of motion, although many of the photograph which, after patient and prolonged effort, one student of the beautiful fish has been enabled to secure of It would indicate the contrary. The shutter of the camera catches the Image of the fish In perhaps one-twenty-fifth of the time that Is re quired by the human eye tx perceive It. The photographs show the Bsh throwing open Its rather ugly mouth and Its flapping gills In the effort to cast out the hook. The result is that in the photographs one may look through the loose-Jointed mouth and the glllB, while with the unassisted eye one can hardly aee the violent contortions of the mouth. Sometime the bait 1 thrown to a distance of 100 feet, but the hook Is not easily dislodged. Perhaps the fish will leap from tha water twenty-five or thirty time before It be comes so exhausted aa to give up the fight. It leaps straight Into the air, occasionally to a height of twelve feet, turn In a grace ful curve and shoots straight downward through the flying spray Into the whitened water from which It emerged a moment be fore. Again Its body forms a circle In mid air, a circle that suggest a blazing pin wheel and almost blinds the eye If the sun's rays chance to strike the moist, burnished silver plates. It bends Its body Into up curve and down curves, right and left curves and double curves In all direc tions. It turns complete somersaults and it Jumps for distance. Every leap, If the sun be shining. Is accompanied with a low-hung rainbow, not to be caught by any camera, but to be enjoyed by the eye. Fishing for tarpon is like lassoing a small torpedo, with a plcturesqueneas added that is not to be described by the pen. New Tork Trtbun. CHOICE OF A NEW MINISTER Objection to Some of the Candidate aad Why tha Wlaaer Won. The faithful old paraon had died after thirty years' preaching, and perhaps the newer methods had begun to creep In, for It seemed Impossible to suit the two com munities most Interested In the choice. The Rev. Mr. Davis, for example, waa a spirited preacher, but persisted In keep ing two horses In the parsonage stable, and in exchanging them whenever he could get faster ones. A a parochial vis itor he was incomparable, dashing from house to house with such speed that he could cover the parish In a single after noon. Thl sporting tendency, which would never have been remarked In a British parson, was frowned upon In a New England village, and Deacon Mllllken, told Mr. Davis, when giving him what ha alluded to aa hi "walking patient," that they didn't want the church run by boss power! The next candidate pleased Edgewood, where morning preaching waa held, but the other parish, whk'b hud afternoon serv ice, rejected him because he wore a wig an Ill-matched, crookedly applied wig. Number three was eloquent, but given to gesticulation, and Mrs. Jera Rurbank, the president of the Dorcas society, who sat in a front row, said aha couldn't bear to see a preacher scramble 'round tha pulpit hot Sundays. Number four, a genial, handsome man, gifted In prayer, was found to be a demo crat. The congregation was overwhelm ingly republican In Its politics, snd per ceived something ludicrous, If not posi tively blasphemous. In a democrat preach ing the gospel. ("Ananias and Ueclxebub '11 be candidates here, first thing we know!" exclaimed the outraged republican nominee for district attorney.) Number five had a feeble minded child, which the hiring committee prophesied would stand In tie parsonage front yard making talk for the other denominations. Number six was Rev. Judaon 11a iter, the present Incumbent, and aa ha waa voted lo be near perfection aa a minister ran be In this finite world. Ills young wife had a small Income of her own. so the sub scription committee hoped that they might nut be eternally driving over the country to get somebody' 50 cent that had been overdue fur eight months, but might take their onerous duties a little more easily. Kale Douglaa Wlggln In Bcrlbner'a. Sa Want Ada froduc result CONDITION OF OMAHA'S TRADE 8.ie9 far Lait Week Considerably Lighter Than for Pome Time. HOLIDAY DULLNESS STRIKES JOBBERS Kalahts of the 4irlp OAT Road Threat !)) anal Fewer Order Come lomparlaon with Other Years Favorable. Owing to Thanksgiving, the volume of sales made by the Omaha Jobbing house lust week was not large. Salesmen camo In off the road Wednesday evening and. of course, the most of them will not lake up the burden of their grips again until Mon day. The holiday week Is also one In which mall orders are light and tlonr trad Is nothing. The Thanksgiving dullness la usual, and the trade last week was very satisfactory compared with that for tha same week of other years. A week of ordinary business Is reported by the local Jobbers of dry goods. Their travelers enme In Wednesday tor three or four days' rest and orders have been few for several days. Collections are exceed ingly good, the retailers seeming to collect their money easy from the consumers. Cot ton Is firm, but no advance Is expected soon. Desirable goods In certain lines ar still very hard to obtain. The glass market Is active and priceg continue firm. Plate gloss and other giadis are moving freely In carload lots All lines continue to be scarce and tha demand seems to be Increasing mnteiiallv Llnrced oil is unchanged, boiled being 43 cents, while raw is 41 cents. Lend remain the same as It was last week. Carter's be. big "4 cents, .while southern Is 7 cents. Turpentine Is up a little, being quoted at .4 cents this wek. The paint business ia not an brisk as it was last week, the rise In price seeming to have affected dealers somewhat, tney perhaps looking for a drop price, which Is not likely for soma time. Nothing new to report In the paper mar ket. All lines are 1117m at the recent ad vances. The movement Is liberal In ail branches, especially wrapping stock Heiallrra Haying lletter Shoes. The shoe men also reported a light trade though generous orders were sent in bv sal-hinen early In the week. Retailers ar expecting u large volume of high-class tiuue 111 the spnng. as they are buvlng betler goods than usual for the sprinS trade. Prices are unchanged from lust dlcatlons ot an advance. llitrilnuru t i-.i . I . . r - . ..... ot . iT.V- . r. lmiv' ""l naturally ks. da wooded ""mu few "Ounces are noted IrT 'i gallon upricots amounts to as much as 85,- per dozen since the opening price. No. 2 string and refugee beans hav" also come in for an advance. Three-pound pumpkin has been marked up again on ae. count of scarcity. In fact, there Is hardly a weak? place In the canned goods lina. Ihe demand alao has been something phenomenal for this season of the year showing that tho amount of goods In the hands of the retailers ' waa very much below the normal. New packed gulf goods are Just coming Into the market, while nothing from the east as yet has been received. Thp gulf packers have again marked up their prlcea, but whether, the Jobbers will follow this closely or not remains to be seen. The market on all kinds of dried fruit remains very strong, and with very llttla chance for lower prices, unless It be on currants, and that not until after the first of the year. Further advances on peaches ere anticipated. The same is true of prunes, these goods being sold up mora closely than ever before ut this season of the year. The Jobbers are still handi capped because of their Inability to eeura their supplies promptly from the coast, raisins and prunes being very slow In com ing forward, and being In great demand at this season of the year. Cheese I ruling higher than a week ag", due to the heavy consumption and tha shutting down of factories caused by the tendency of the farmers to aell their milk to the creameries, which are now paying high prices In order to keep turning out butter. Grass is poor and practically all of It Is needed for butter. Great Britain, a large cheese consuming country. Is re ported to be short. Grocer say that higher prices will undoubtedly rule befora liKl7 cheese comes on the market. Critical Folnt for Coffee. This is the critical tlmo In the history of this year's coffee crop, for on December 1 the Brazilian government puts in effect its duty on coffee brought fron.n Interior to the seaboard, if receipts at the sea board continue heavy during the next two week It means there Is plenty of cuff e In the country; if receipt fail oft it nieana that the planter and traders have been, pushing tlie movement through October a-nd November In order to escape the tax. Receipts have been running heavy through the fall, and to date they are XOOu.000 baga larger than last year for the same period. Prices are a little lower. Jobbers find it difficult to secure a suffi cient supply of walnuts of desirable qual ity to supply their trade. California a ar low In coming forward, while the Im ported nut are Jut beginning lo arrive in fairly good supply. Peanut havo ad vanced materially because of light crop, and that considerably damaged by the wet weather In the east. Further advance, , are bound to take place, however. In the near future. Thoe In the best position to Judga of the market, foretell an almost Immediate advance of lc per pound. Bhelled nuta of iu Wna. ire highe-V, with shelled pecan nraetlcally out of the market. PRlce T. unchanged, the market tMng In good I ah" p., the demand being Wepllon aJl7 good, with very little chanco of lower pricea for some time to come. Drugs and Chemical. Refined glycerine Is higher In sympathy with the crude material; there Is a good consuming demand. A alight advanca ou, opium la noted, while quinine remain, very firm, although there has a yet been 1U farther advance In price. Balaam coplava ward tendency "t'l'"ev'00J "Ts y vanced to tc and the ng'more plonti- a.n.,11 flake manna Is rooomin e ' , nS ortce s uve consequently been re ,"'n1 There U an active demand for menlhol and Li. In th There has ben "nl otl Norwegian. price of "u,mef ' aiid higher prloea ar continue- to advance, andjilg predicted. ihe crop owing to Will be very h." 'and ner producing heavy storms In Italy ana o th- crop wll be lower rlpermacettl In probably bo ,werjlvceriue continues rnkes advanced to . toward ;ery nrm ana tne quted WZ ir pound 'at'.'.r '''' at 140 per V , "L nrobabllltles are that an- price and h P', I , ,ne nesr fu other advance will occur alcohol if-to'rr'aaer'thefl'rst ot the year. will be lower at Toledo Bred Market. TOIFDO Dec. 1 -HFEXsWIover, cr lie. en,l!er. W 27Vr : Januarv. March ? 45i I February. 18.40; timothy. U rash ooi alslke, IV. 'JO. Wood tor Spools. Practically all the wood used reels for cotton In America and '8la U cut in the forests of Maine, but so great ta the amount of timber reuul ed each year for making these .eemlngly Insig nificant article, that Maine wi ,1 n able to supply th raw n.u ? longer. The reel, are nude of blrchwood. and the birch of the Maire est. 1. th. Iet for the purpose. More than 2.000.0u0 eet of timber are shipped to Scotland every y7ar for the use of the great thread manu facturer. there, and almost aa much la supplied to EnglUh manufacturers.-NeW York Tribune. If you have anything to trade advertlae It In the For Exchange column ti Tad gtm Want. Ad tufa. Hrs. r,H 11 r Ule preceding wee - .... . Hl lne reconi v ma high mark ami the Indications are that ft 1 nutaiiui'ii win riM muii All further advances have h. en r.,u-i gallon goods since last week, California apricots, gallon pumpkin and string and refUKee henna r, r. I., I.. .1. . " ?-n.a r ourviwi. Ca.nPh " 'bull. amo'n seeds-oil ouncea. $1.32 to -aru J( on ac. grades, v?"to?k. Lycopodlum ad- eount of reduced, stoca. ia ,,,.u.I,rd. continually advancing a Veactlou -mint is 1K,'U,y '""'e'arVron. Anierlcan, la llke,y ? demand " S"W. In good demano when price