TTTE OMAHA DAILY BEE: WEDNESDAY, NOVEMBER fi, 1007.
GRAIN AND PRODUCE HAKKtl
Openi Strong at About Closing Prices,
with Better Feeling.
CROWD E7CLESX3 TO BE BULLISH
Vtni Starts Oat itmou 'Loeea
Ptrength on Weak Cables, bat
Galas Later . on Good
Bar'"'
OMAHA. Ko v. 5, 1907.
The market opened strong lit about
closing prices A better feeling prevailed
and the crowd Is inclined to b some
bullish. Offeiings were light.
Wheat opened nervous snd weakened on
weak cables, but took strength later on
soma good buying and favored the bullish
feeling dominant' In corn. The general
feeling Is much, stronger and prices rally
steadily with any buying. December
whest opened at 8So and closed at 884,c.
Corn opened bulll'h and worked steadily
Cash' demand has strengthened.' snd wttll
tome pretty bullish husking reports all
options closed higher December corn
opened at 637" and closed at Mo.
Oats opened strong and withstood some
pretty heavy selling.
Following wheat and corn, oats closed
considerably stronger. December oats
opened at 47c and closed at ilc.
Frtmary wheat receipts were 101.800 bush
rls and shipments wsrs 840.000 bushels,
Holiday last year. . . ,
Corn receipts were M1.000 bushels and
shipments wera !2,00 bushels. Holiday
last year.
Clearances wera 42.000 bushels of corn,
nona of oats, and wheat and flour equal to
tt.ono busbels. ,.
Liverpool closM unchanged to higher
nn wheat and unchanged to Hd higher on
Seaboard reported MO.foO bushels of Wheat
and 24,000 bushels of corn taken for export.
Local range of options:
Artlcles.1 Open. Hlgh. Low. I Close! Yea'y.
tVh..rl I I I
Deo.... (W
May... W 7S
July... 91V6 91
Com
Dee $.-, M ,
May... 4 644
July... 64 Mli
Osts !
Dee.... '47 f ' 47
May... SO 6O1J
July... 45 l
SS 90
9 81V, J0
R8j 64 5H
54 64 MS
644 64 64i
47 47 4f,4J
BO 6"1 4H
45 46H 46",
Omaha Cask Prices. ,
Two oars No. 2 white corn. 55e; one
car No. white, 66 Vie.
Nothing doing la wheat, oats and barley.
Carlot Receipts.
Wheat, Corn.' Oata
Chicago ,.. 138 138
Kansas City !W ... , .
Minneapolis ... ...2H5
Omaha .... 73 40 40
Dulutli ............. 566
St. Ixmla 36 .
CHICAGO GRAI1 AND PROVISIONS
Keatares of the Trading and Closing;
Prlees aa Board of Trade.
CHICAGO, Nov. B.-A report that a
number of flour mills in Minneapolis
might shut down because of the financial
rondltlona caused a weakness today in
the local wheat market. At the close the
December delivery was off He, corn was
up it Ho, aats wera Mo higher and pro-
TliiwfeDort of cosslbls shutting down I
of the flour mills was received about the
middle of the session, causing a break
of mora than I cent from the high point I
of the day.' AeTump of t cents st Win-,
nlpeg also weakened the market. The
market was Inclined to b weak at the
opening becauaa of the poor response
mads by Liverpool to yesterday's advance
here. Later the market became firm on
buying by bulls, and the strength shown
at the principal European grain markets.
Shorts took advantage of the late break
in prices and covered freely, which caused
the. market ta close steady. December
opened hi&Ho lower to a shads hkher
at 9 6 tf 96 Ho, advanced to vtttc and then
declined 'to 4 4ae close was ttiSit"
1i 6 He; May sold between $1.684 and
$1.0446. and closed at 11.0314. Clearances
of wheat and flour ware equal to 28,000 I
nu. primary receipts were l.u.-u.uuu mi.,
against a holiday last year. Minneapolis.
Iniluth and Chicago .reported receipts of
838 cars, against 819 cars last week, and
a holiday last year.
Corn was strong all day because of the
many reports received regarding the poor
condition of the new crop. The prospects
f a light movement to market during
thin month also stimulated prices. The
market closed strong. , December opened
s shade to H9Uo higher at 69"i6974c,
advanced to fOo and closed at 60c. Local
receipts were 13 cars, with 30 of con-
tract grade. - i ,
Osts were strong on buying' by ' shorts,
who nought because of the prospect of a
considerable decrease' In the movement,
fash houses wera moderate buyers and
selling was scattered. December opened
so higher at 4 IHc, advanced to 50c and
closed at 49c. Local receipts were 13
cars. ,
Provisions ' broke sharply because of
selling by peckers, and lower prices for
live hogs. The principal demand came
from shorts. . The market closed weak,
, with January pork down S5c at $1.1.59,
Lard was off SOc at 9 1 7 . Ribs were
:iHff!5c lower st $7,32 4.
Estimated rscelpts for tomorrow are:
Wheal, a i csrs; corn, 69 cars; oats, 61
cars; hogs, 17.009 head. ,
The leading futures ranged as follows!
Artlolss. Open. Hlgh. Low. I Close.) Tes'y.
. i - I
' 4
964(3y
i i
iffi (mv, gi m,
98V. WA,
1 IV
1 03
1 M
97
,. 69i0", al
.tWWiW,4)l
R9VI 60
"01
..1 49S
.53Vii
I I
60
4!"4!
... .
41". I 49-H
48 I
4Hl 4kV
..1 14 124
.1 14 60
I l
1412V
14 ,
13 (
14 25
8 15
13 96
14 30 I
... t
14 2S
14 05
I 15
1741
15
. 37
32m
8 174
DO
Sl-'S,
8 3.4
T 6SV1 7 Hi
7 74 I 7 ja
I.
r 3241
7 65 I
7 32417 6ST767
1 6'.4I I 60
No. a
FLOUR Steady; alnter paUnta. $4 40ffl
4 it; winter straights. $3 Mp.&: spring pat
ents, $5.2Evi6.tfO; spring straights,. 44.aouj5.uO;
hskers. $3.i4.ao.
WHEAT No. 1 spring $lOOJ1.03; No. J.
IC'CMI 02; No. t red. 93496c. i. .. )
CORN No. I, ai4: No. 3 yellow. 62V. '
OATS No. , 4i ! No. I white, 47u4. .
RYK-No. I, 79c. ' 1
BARLEY Good Yedlng, 63flc; fair to
choice melting, TSflatlr.
SEEDS Flax. No, 'I northwestern, $120;
rrlmo timothy, $4. So, clover, contract gradvs,
11536.
1'HOVISIONS-Shnrt ribs sides (loose).
t7.2vfj8. Mess pork, per bbl.. $12,624
3 76. lrd. per I'.l lts., $s.3S. Short clear
liilcs (boxed), $7 6:i);.8:4.
rolluing Were .i.e ijcelpts and slilp
menls of flour and. grain:
ReceKts. Shipment.
Flour, bbls i., 30,8iO 24.400
Wheat, bu 72.0iO 321. 61 4
.""orn, bu V(-...vl48) , . H8.4 0
(tats, bu 2M.6O0 36.9uO
Rye. bu ,.. 16.0(0
barley, bu . s0.3tiu 46,ltO
uii me produce Kxcliaiiee .ouay the uu,
ler market was steady: creameries, 2"tf
'J34c; dairies, l;r..c. Hens, steady; at
mark, cases IncludeJ. lt4a4o; firsts, 2c;
prime brsis, 240. t beese, steady, ljj'ivo.
Mlaaeapotta- Grain Market.
MINNEAPOLIS,. Nov. S.-FLOUR-First
patents, $5 t-Juv ; second patents, $5 3viJ
$60; nrst clears, $iai.a); second clears,
$3 5S3.70.
FLAX Good deirgnd; prices were 1.17Vi;
to arrive. $117i..
BRA N In bulk, s20.76ff21.00.
WHBAI December. $1 0Ti64; May.
$1 os1 : No. 1 hard, fil.03Sl.03S; No. 1 north-t-rn.
$1.UZ4IS; No. 2 northern, W494c.
Llveraaol lirala Market. ' '
LIVERPOOL. Nov. fi.-WHBAT-Siiot,
qulst; No. I red, western winter. 7s lld.
Futures steady; December, 3s 24d; March,
ss 4d; Msy. s fid.
CuRN-fcpot easy; prime mixed, strong.
Delata rala Market.
DULITH. Nov. i. WHEAT No 1 north-
ern. 31.01S: No. I nirthrn, 9S:; December,
$!0."--k; May. l.oS-. ... .. .
Mllwnakeo Graln Market.
MILWAUKEE.'' Nov. .-.WlIEAT-F'rru
No. 1 northern. tl.al-0?; No. 2. $l.ujl.04i
December. 9o',c.
MAitLJY Dull; No. 3, $101; sample. $1.00.
CORtf-Hlghcr; No. 8, cash, 60sfi14c;
May, 61c bid. -
OMAHA WIIOI.HBSt,B MIRKET.
k '
Cvayaftfan'ef Traae mn Qaetatleas on
ktasJe Fa bov Predaee.
' TOnSlFreah country, 22c; storage, 18c.
BUTTER Common. lc: fancy tub and
rolls. jrvtfZlc; creamery, $lc.
CHEESE Nsw full cream, Wisconsin
twins, 174c; new full-creem brick. 17o; do
mestic, new Swiss, isc; new llmberber, IS
falGc; young Americas. 174c.
LIVE 11IIXTRY Ppriiigs. W; hens,
o; roosters, 4-; duiku, liic; geese, 9c;
turkeys, lfc; pieeons, 7&c per dos.
DHK.68ED 1'OlTLTKY Springs, fancy,
10c; hens, 10c; roopters. 6c; ducks, 12c;
geese, lie; turkeys, 17lSc.
HAT Choice No. 1 upland. $10.00; me
dium. SV.00; No. i onttom. Id. 00: oft grades
from M no to M W. rye straw, $7.09; No. I
sllslfa. lav.
FRUITS.
CRANBERRIES Per barrel, $S259.50.
AtfLtS-Colorado fancy Jonathans, 4
tler box. $3.26; Cslitornla HelleMower. $i.004
1 2a; Washington Bnow, per bos. $2.(H; Ore
con Kings, vvt box. $2 60: Oreuon Bpltien-
berg, per box, $2.o0; Oregon Baldwin, $2.26;
New loik Kaldwlns. fancy, per barral, $a.9u;
Greening. $5.00; Huhbardson, $6.00.
l'k,AKt- VV tnler Nellie, fc-tlar box. $3.35:
(-tier box, $3.00; Idaho and B. DeAnJou,
4 and 6-tler boxes. $3.50.
GKAPKb Michlsan, per basket, S2c; New
Tork, 32c; Cnllfornla Tokay, per crate, $2.00;
Coinlchan, $2.00; Imported Malaga, per kug,
$4.00V.00.
VKGKTARLE8.
NAVT BEANS Per bu.. No, I $2.90 per
bu., I Irrs. 7c Der lb.
POTATOE8-Per bu.. 66i37Bc.
BEANS New wax and string. 40CWO per
lasrkct buskev.
CAHBAUE-Wisconsln, Holland seed, 14o
per pound.
BEETS Per bushel, SOc
Tu'RNirS t er Bushel, 80c
PARSNIKS-Per bushel. 76c.
FADI8HE8-Per dozen, 20c
TO M A TO ES Per basket. u075a
CKLEHY Michigan, 3uii36c.
ONION Red Globe, per pound, la.
SWEET r-OTATOEB-Vlrginia, $4.26.
PEPPERS Per bushel. 76c.
BEEIT CUTS.
No. 1 ribs, lie; Nfr. It ribs, 11c; No.
ribs, 6c: No. 1 loin, 19c; No. S loin, 13c:
No. 3 loin. 9c; No. I chuck. 6c; No. I
church, 6Vc; No. 3 chuck, 4ViC; No. 1 round,
tse; No. 2 round. 7c; No. 3 round, 64c;
No. 1 plate, 44o; No. 1 plate, 4c; No. I
plate, 3c.
TROriCAL FRUIT.
LEMONS Per box, $3.00, $7.00.
t-oCOANUXB Per sack. $4.50; per dosen,
60c.
DATES On market Oct. 26; Hallowe'en,
per pound, 7c; bayer. per oound. 440.
HAN AN AS Per uunuh. $2.oub3.uv.
MISCELLANEOUS.
CALIFORNIA DRIED FRUITS-Prunss
are somewhat unsettled by freer offerings
from second bends, who setr. lesirous of
moving supplies of Immediate grades. Quo
tatlonr range from ko to 9u for California
fruit and from 640 to $c for Oregon.
Peaches, very firm, with fancy yellows
Quoted at 134c
miyr.r a.D TALLOW-Ureen salted.
No. 1 9c; No, 3, 74c; bull hides, 60; green
hides, No. 1, 8c; No. 2, 6c; horse, $1.603.60;
sheep pelts, 6octiti.2S. Tallow, No. 1. 44c.
No. i 34c Wool. 1622c.
COFFEE Roasted, No. 85, 26c; No. 30,
Be; No. 26. 19c; No. 20. 144c
FISH Haliout, lie; troui. 1-!; pickerel,
10c; pike,,' 14c; pike, fresh frt-ien, 12c;
whlteOsh, 14160; buffalo, 14c; bullheads
skinned and uresced. l.(c; catnsh, dressed.
17o; white perch, 7c; white bsss, l&c; blsck
bass, 26c; sunflsh, 64 o; crapplea, 6tc;
large crapplea. 16c; herring, fresh frosen.
6c: whitcnah. froaen. lMitlhv. hicki-i f,Mh
frosen, Uo: red snapper, 12o; flounders, '
mataerel, 18&3uo per fish; cttdflsu, fresb i
frosen, 12c; red snipper, lie; floundors, I
frssh frozen, 12c: haddock, fresh frosen, 120:
smelts. 13c; shad roe, 460 per lb.; frog lege,
Uo per doa.j green aea turtle meat, 2dq 1
per lb. i
CANNED GOODS Corn, standsrd west
ern, 70c. Tomatoes, fsncy 3-pound cans,
$1.46; standard 3-pound cans, $1.20. Pine- .
siiples. grated. 2-uound. S'axzil.ao: .Hr.
$1.7&2.36. Gallon apples. $4.60. California
apricots. z.u. rears, l.iom w. Peaohea, ;
4I..IXU3.40- L. C. peaches. Alsska I
salmon, red, $1.40; fancy Chinook, flat, $313;
fancy sockeye. hat. Jl.yS. - Sardines, quarter i
Oil, $3.64; three-quarters mustard, $3.86.
Sweet potatoes, $1.26L3&. Sausrkraut, 860.
I'umpllns, h(c4i$l.OO. Lima besns. 2-pound,
76c4('J1.26. Soaked peas, 2-pound, 6&0; fancy,
Il.2v4il.4fi.
NUTS California walnuts. 19c; Chill wal
nuta, I6e: pecans, 12513c: filberts. 124c;
Braxlls. I3il4c; almonds, lBc: roasied pea
nets, 64v; raw peanuts. So.
St. Loals tieneral Market.
!8T. LOUIS. . Nov. 6. WHEAT Firm;
track. No. red. cash, 'gy7c; No. 2 hard,
94fiWK'C; December, KJic; May, $1,034.
CORN Hlghet: track No. 2, cash.
6!c; December, iblfcc; May, 68Vyt?C8c; track.
No. 2 white, 684fiS8a;e.
OATS Higher; track. No. 2. cash, 45c;
December, 40Tc; Msy, 604c; No. 2 white,
4ic
FLOUR Steady; red winter patents, $4.75
f6.00; extra fancy and straight, $4.454.70;
clear, $3.9iKt4.10,
SEED Timothy, $3-50fii4.2B.
CORNMEAL Steady; $3.00.
BRAN Dull: sacked, eatit track, $1.06.
HAY Steady; timothy, $11.004li00; prairie,
39.0)11.00.
PROVISIONS Fork, lower: Jobbing. $14.f0.
Lard, lower; prime steam, $&124. Dry salt
meats, steady; boxed extra shorts, $9.26;
clear ribs, $9.25; short clears, $9.3V Bacon,
steady; boxud extra short, $10,124; clear
ribs. $10124; short clears, $10,374.
POULTRY Dull; chickens. c; springs,
10c; turkeys, 124c; ducks, 94c; geese, 8c.
BUTTER Steady; creamery. 21(S26c.
EGGS Steady; 19c, c enunt
. Receipts. Shipments.
Flour, bbls 9.000 17,0"
Wheat, bu 35.000 112.0O
Corn, bu. ..29.000 76.AHO
Gats, bu ,uw lu.ouu
Kansas Cltr Grain and Provisions.
KANSAS CITY, Nov. 6. WHEAT De
cember, 90Tic; Mav 9Kc; cash No. 2 hard,
slVijUao; No. 3, 89(S2c; No. 2 red, 934c;
No. 3. nc.
CORN December. 62c; May, 54Tic; cash
No. 2 mixed, 67c; No. 3. 664c; No. 2 white,
b&nWiic; No. 3, 66c.
OATS No. i white, 4S(u48c; No. 2 mixed,
47p.
HAY Uchanged: choice timothy, O2.00
1C.60; prairie. $10.00fcl0.60.
RYE t1)70c.
BUTTER Creamery. 23c; packing, 15c.
EGOS Extras, 22c; firsts, 20c.
Receipts. Shipments.
Wheat, bu SH.WO fr'.Oio
Corn, bu 5.0m) 12.
Oats, ha.:....: rt.000 - 4000
Kansas City options:
Articles.
I High. I Low. I Close. I Yes y.
Whest 1 . I I
'im-ember ...90fi8, a 914 90S I f
-Mav I -98 I 98SI--.B7SI 9l&4
Corn . I . I I I
December ....I .61 VK!H1Ti B1l S2HB
May ............I 5441 U4 Mel - 644
A asked. B bid.
Peoria Market.
PEX)RIA. 111.. Nov. 4 CORN Steady.
No. 2 yellow and No. 3, 62c; nu grade, not
juoted. -
OATS Firm. No. S white. 48c; No. 4
white. 44'd474c. -WHISKY
On the, basis, of $L36 for -finished
goods.
wool Klarket.
BOSTON. Nov. 6. WOOL There s a
marked conservative tendency in the trad
ing In the local wool market, and demand
keepa pace with actual reiu remt-nts. 1'r e
remain firm snd dealings have been light.
The leading western prices art as follows:
'.Kentucky. Indiana and Mixsourl three
I eighths blood, 3-"a33c; quarter-blood, Uta-iX.
'Scoured values: Texas, fine, on two
months, 'XiiT.w; from six to eight months.
66uwic: fine fall. 67iiS8o. California north
ern, 6.VfMi7c; middle county, 6L''ii4c; south
ern, 6iijJc. Oregon eastern No. 1, staple,
7o4'72c; eastern No. 1, cloih'ng, iwg70C; eHst
ern. averaging, 67yVAc; valley No. 1. fin.'.'c.
Territory, si-ourrd bails, statle, 72'o73c; l.alf
blood, 6t.tiic; three-eighths blood, t3(fu5c;
quarler-bliKid, blmJic.
' ST. LOl'ld. Nov. 6. WOOL Steady;
medium grades combing and clothing, 23vi
2&c; light hue. 22 a 23c; hesvy fine. lT'ulsc;
tub wax hod. in;c. ...
, cotton siarket.
! GALVESTON. Nov. 5. COTTON-SUady.
11c. . .-'. .
LIVERPOOL. Nov. J. COTTON-Spot in
fair demand; prices ten points lusher.
' American middling fair, 8.63d; good middling.
(37d; middling, 6o7d; kw middling, 6 7!.);
good ordinary, 6. lid; onllnery, t.tld. The
sales of the day were i.ouO bales, of whlcn
. ftni were for s;eculaton and export, and
Included l.fi American.' Receipts, 22,ou0
: bales. Including 15.3o0 American.
' ST LOUIS. .ov. k-C lTON-Qulet; mll-
drllng. 10'c Sales, T.l bales; receipts, 371
bales; shipments, 1 naies; sioca, uaiea.
-jiW Dr.LfcAN6, Nov. 6 COTTUN
Spot steady; sales, 3,675 balea; low ordi
nary, 6 9-1(jC. nominal; ordinary, 7c, nomi
nal g'd ordinary. 8 1316c, nom'nal; low
middling. 9 3-1'ic: middling. 1011-lw:; good
middling. 10 16-Wc: tmddling fair, U 7-lc;
fair, 12 1-lSc. nominal; leceipis, 17.544 bales;
stock, 16,7b2 bales.
. ' Haalr i leartaga. ,
OMAHA, Not. 6- Hank' clearings for to
day were l.i97! .0; and for the corre
sponding dale lat year $1,791,269.41.
OMAHA LIVE STOCK MARKET
Cattle of All Kindi Extremely Slow
and Lower.
HOGS EXPERIENCE BAD SLUMP
Light Ran of sheep aaa Lambs, wllH
Trade More Active, bat vrlth
Prlree TTo Higher Than
Yesterday.
SOUTH OMAHA, Nov. 5, 1907.
Receipts were: Cattle. Hog. Sheep.
Official Monday 4.670 3.i 20.344
Estimate Tuesday 4,300 2.3" 8.WK)
Two dsvs this week.... 8.970 5.SV5 2S.944
Bsme days Isst week. ...13 647 3.1:13 S2.217 !
Same days 3 weeks ago.. 20.343 10,490 M.3A3 ,
Same days 8 weeks ago. .19.077 7.456 4o.7i 1
Same days 4 weeks ago..l9.2"6 8.147 4,lt7 1
Same days last year 14.671 8.263 39.746
The following table shows the receipts 1
of cattle, hoga and sheep st South Omaha I
for the year to data, compared with last
year: 1907. 19l. Inc. Dec.
Cattle 1,0'JS.SfiH 8X9.71 188,995 ,
Hogs 2.026. 6M ;.126.5ftJ 100,001
Sheep 1,816,339 1.852,564 37,a5
The following table shows the average
prices of hogs st South Omsha for the last
several days with comparisons:
IHlte. 1 1907. 11906. 11906.11904. 11903. 1902.1901.
Oct. 21..
Oct. 27 ..
Oct. 28...
Oct 29...
Oct. 30 ..
Oct, 31...
Nov. 1...
Nov. I...
Nov. 3...
Nov. 4...
Nov. 6...
i 45
I 65
I 48
6 16
6 13
I
6 00
8 n
5 81
I 7!
i 67
6 78
5 73
6 81
S 72
6 62
6 M
6 M
6 15
6 44
8 05
6 69
5 68
6 61
6 7
5 63
6 3S
6 02
6 fil
80S
10
6 64!
6 07
601
4 791 4 41
5 9S
6 51
Sunday.
RANGE OF PRICES.
Cattle. Hogs.
Omaha $1 6"W4.40 $5.2iW6.60
Kansas City 1.6trir45 6.0ra7.25
Chicago 1.20(7.00 4.60f76 10
St Louis 1.25&7.O0 5.0lKijifa.95
The official number of cars of stock
brought In today by each road whs:
Cattle. Hogs. H'r's. Sh'p.
C, M. & St. P 2 2 1..
Mo. Pacific 3 .. 1
Union Pacific 81 11
C. & N. W. (east).... 1 4
C. A N. W. (west)... 14 7 3
C. Ht. P.. M. & O... 2 1
C, H. ft Q. (cast).... I 4
C, B. & Q. (west).... 63 4 4
C, R. I. & P. (east).. 2 1
C, R. I. 4 P. (west).. 1 .. ..
Total receipts 167 82 2 1
The disposition of the day's receipts was
as follows, each buyer purchasing tho
number of head Indicated:
Cattle.
Hogs. Sheep.
406 6117
D12 467
Mti 170
564 290
Omaha Packing Co.
033
375
wwut and Co
Cudahy Packing Co
Armour ft Co
Cudahy (from K. C.)
Yanuant & Co
Carey ft Benton
Lobman & Co
McCreary & Carey
W. I. Stephen
Hill A Son
F. P. Lewis
Huston ft Co
Hamilton ft Rothschild..
L. F. Hun
Sam Werthelmer
Mike Haggerty
J. B. Root & Co
Wesmlth
Independent
Sullivan Bros
Other buyers
635
974
134
2f7
243
84
19
88
11
27
2
. 2
13
97
34
56
205
8
0
671
12,24(1
Total 4.3.18 2.341 13.974
CATTLE Receipts of cattle this morning
were quite moderate, but plenty large
enough to meet the requirements of trio
market. The run consisted very largely of
cow stuff and feeders. In spite of the mean
close yesterday, the most of yesterday's
receipts were disposed of so that there
were very few stale cattle in first hands
this morning.
The supply of beef steers was very small,
there being comparatively few steers of any
kind that would do for killers. Still the
demand was limited, so that the offerings
were, sufficient to supply the requirements
of the trade. The market from start to
finish was extremely slow and dull, and
ss low, or lower prices were paid than at
the cloae of yesterday's market.
There was some little trade in cows and
heifers, but the demand was limited and
the market extremely dull throughout the
session. The prices psld were about as low
as any time lajt week. Even the good
cowa and heifers were hard to move, and
the common and inferior grades were mors
or less of a drag on the market.
A few feeders were selling, but the trade
was very dull throughout and prices ex
tremely weak, even at yesterday's worst
time.
Quotations on cattls: Good to choice
cornfed steers, $3.5'1'a6.50; fair to good corn
fed steers, $o.Wf(5.50; common to fair corn
fed steers. $4.004j6.00: good to choice range
steers. vt.iWfH.tK.; lair 10 fcood rdi.su aieeis,
$3.6o'64.15; common to fair runse steers,
$3.00fr3.5; good to choice cows and heifers,
$3.CVfj3.60; fslr to good cows and heifers,
r.wi(iii: common to fair mw nH h.if...
I $1.602.60; good to choice stockrrs and feed
ers, a i : fii'r in t
ers, $4.00(fr4.e0;falr to good stockers and
feeders, $3.50y4.0O; common to fair stockers
and feeders. $2 75ff3.60.
Representative sales:
BEKF cTEERa
Ns. A. rr. No. A. Tr.
fit 1M 4 40
WESTERNS NEBRASKA.
23 cows...., 993 2 40 9 cows liiJO 2 40
4 cows 7W 2 15 3 feeders.. 723 3 26
t feeders.. 770 3 75 2 heifers... 610 2 40
W cows 972 1 60 8 heifers... 5M 2 40
WIOMINO.
25 feeders.
49 heifers.
44 heifers.
917
818
4 00 lo cows 974
3 06 K7 cows 91
2 60 39 feeders.. 9S1
3 8"
2 60
4 10
4 10
337
42 feeders.. 833
i feeders.. 810
20 bulls 1427
75 steers.. ..1076
36 steers... .li 06
33 feeders.. I1104
26 feeders.. 1008
3 60 150 feeders.. 817
4 00 11 cows 844
3 10
3 20 60 heifers... 811O 3 a".
3 70 ' 72 steers.. ..Ilia 3 70
3 85 20 steers... .1149 3 2'
4 00 30 feeders.. 875 3 85
3 61) 35 cows Kin." ffi
54 feeders.. 9VS
4 00 6 feeders.. 998 3 61)
C. Chrlsman. Wvnmlnr.
94 feeders.. 1115 4 00 12 feeders.. 106 3 75
1 cows 1103 3 35 42 steers. ...11: 875
2 steers. ...1191 , 8 75 37 steers.... 90 3 do
18 steers.. ..12 3 35 11 steers. ...Kno 2 90
43 steers.. ..11 46 4 00 19 steers. ...J 3 70
5 cows 1174 2 80 6 cows 112 2 )
4S feeders . 931 3 45 46 feeders.. lota 3 20
N. S. Miller, Wyoming.
te steers. ...urn 3 SO 38 feeders.. 884
A. R. Triable, Wyoming.
40 steers.. ..llixl 3. 4 steers... 1037
13 COWS 974 2 85 feeders. .I11I6
3 40
3 60
8 90
j. j. nrtiurr, Wyoming,
11 steers ...1114 3 85 23 t, ers. ...1143 3 75
13 feeders. .1097 3 75 67 feeders. , 9x2 3 45
Meows I0I6 2 35 6 cows..... 9-5 2 50
HOGS Receipts of hogs this morning
were very light but so was the demand
The market opened In a very demoralised
condition and continued that way through
out the session. Advices from all oilier
market points were most discouraging snd
buyers-seemed at a loss to know what to
do. The result was that the market right
Irom the start was 20c to ks low.r t"un
yesterday, the hogs selling laigelv at fii -is
ftf.45. with a top at $3 60. It will be re
membered that venterdiiv tha
1 hogs brought $.i.6o4ia.K5, with quite a sprinkling-
at $o.7o. and a top st $5.75. The market
u.u iiui iiu)iiie any, om, on I lie contrary,
4 941 6 081 6 25
4 81 6 Oil i 18
4 821 4 961 6 OH
4 98 4 97
4 941 4 93
4 92 4 92 4 9
4 Ml 4 84
4 901 4 84 6 0
4 871 4 8il 4 87
4 881 4 901
1 4 89 4 74
jwer, with some
er.
Ar 8h. Pr.
1M ... I 40
....I.J ... i)
.... t I 40
....377 10 i 40
... VS 3i 6 40
... 1M ... 14.)
... 2J7 140 I 40 .
...11 ... (40
341 iu f .)
...141 40 i 43
t ... I 4
....lo 13 fc)
. til illl
' sales quoted at 25u3ilc
Representative aales:
No.
St.
...1W
...143
...6T
...
...177
...141
.. 1M
...I1
...!
...tit
..Ml
..111
.. J l
...tit
oh
Pr.
Nu.
71...
St...
64...
5 ..
M...
(1...
S4...
41...
7...
...
0...
...
'0 .
it..
M .
47..
IN..
. .
41..
41..
6 )
... t M
... (3D
a I 16
U0 I If,
40 8 86
llO I J6
W 111
VM I 40
... I 40
... 6 40
0) I to)
)M iU
14 6 40
7....
I....
Hi....
SHEEP-There waa a Detter fellng in the
sheen barn this mornlna. Rriin.
, light and buyers all seemed to want a few
luads.- This was especially true of the pack
ers. who were extremely poor buyers yes
terday. They seemed to have killing orders
snd were all out early looking lor fat stuff
The result waa that everything auitable for
killing met with quite ready sale al steady
prices. Some fair to good lambs M up to
$5 75. with sheep and yearlings at $4 75.
There were also quite a good many coun
try buyers In looking for feeders and there
was a little more life to that branch of the
traed than yesterday; still prices could not
be quoted any higher. There Is unquestion
ably a good dtimand for feeder aheep and
lambs, and the market would undocbtedlv
be active at the present time were it po.
aible for the country to secure the money
with which to buy the sti ff. Some of the
big range outfits who are in a position to
do so have arranged through their commis
sion firms te lake the purchasers' notes
fur tlitt stuff, thus c-srrjli.g (he feeders
themselves Instead of lravinK tha bkiiku in
' carry them as In previous yesrs. This
I atlloii oa tits J. ei l u( euuie of the range
companies Is helping to clesn tip the sur
plus feeders.
In spite of the dullness noted yesterday,
when the market finally closed last night,
practically everything In sight had been
sold and weighed tip, and that, too. In the
face of larire receipts.
Quotations on good to choice killers:
Lambs. $5.S654J.40; yearling wethers. $4.7Vu7
6.16; wethers, t4.tVvS4.86; ewes. $4.W4 40.
Quotations on feeders: Lamb. $6.6""i6 "K;
Common lamba, $4 i.oii6.25; yearlings, 14 69
4.70; wethers, $4.0041450: ewes, $a.06vjtn(;
common ewes, $2.0042.60; aged breeding
ewea, $4.6065.00.
No. Av. Pr.
496 Wyoming yearlings, feeders. 84 4 75
42 Wyoming yearlings, feeders. 84 4 75
237 Wyo. lambs, culls, feeders.. 43 6 00
194 Wyoming ewes . !8 4 00
78 Wyoming ewes M ' 4 00
2 Utah ewes, breeders 117 4 75
6f4 Utah lambs, feeders 67 6 60
40 Wyoming ewes, feeders 103 4 "2'1
342 Wyoming ewes, feeders 94 3 96
l Wyoming ewes 118 4 00
248 Wyoming ewes, feeders 88 2 50
245 Wyoming ewes, feeders 1 1 2 60
17 Wyoming ewes M 3 00
6K Wyoming lambs, feeders 60 . 5 75
621 Wyoming lambs, feeders 71 o 75
449 Wyoming ewes, feeders 104 9 40
PH9 Wyoming lambs, feeders 73 ' 5 75
130 Wyoming yearling wethers.. 3
3 Wyoming yearling wethers.. 91 4 25
4.4 Wyoming lambs, feeders 68 6 on
fill Wyoming lambs, feeders 5K 6 00
237 Wyo. lumbs, culls, feeders.,, 49 4 00
4i8 Wyo. ewes. cuIIb, feeders.... 97 3 30
25 Wyoming lambs, culls 70 5 25
2fi Wyoming lambs 76 6 75
144 Wyoming wethers Ill 4 75
Wyoming ewes, feeders 116 4 75
139 Wyoming ewes, feeders 9S 4 65
200 Utah ewes, feeders 120 4 78
428 Wyoming lambs, feeders 64 5 40
316 Wyoming lambs, feeders 54 6 40
6K1 Wyoming lamb feeders 58 6 B0
173 Wyoming ewes 106 4 60
119 Wyoming lamb feeders 64 5 76
248 Wyoming ewe feeders 9 3 20
96 Wyoming lamb feeders 69 5 60
2 Wyoming lamb feeders SO 4 85
201 Wyoming lamb feeders 00 6 60
113 Wyoming lambs 63 6 75
50 Wyoming lamb feeders 4 4 85
2 Wyoming ewes loo 4 00
37 Wyoming ewe culls 80 2 00
12 Wyoming ewe feeders 7 8 00
lhi Wyoming ewe feeders Kfl 8 75
61 Wyoming ewe feeders 90 3 76
$. Wyoming ewe feeders 88 8 "6
2.S8 Utah ewes 116 4 25
CHICAGO LIVK STOCK MARKET
Cattle Slow and Doll -Hoc Weak
to Ten Cents Lower.
CHICAGO. Nov. S. QATTLE Receipts,
estimated about 9000 head, Including about
8.000 westerns. Market slow and dull;
steers. $2.6n37.26; cows, $2.06'&3.90; heifers,
2.5u75.0O; bulls, $2.60416. Oo; calves, $2.uU
7.00.
HOGS Receipts, estimated about 13.000
head. Market wesk to 10c lower; cholcs
heavy shipping, $5.9O4j8.00; light butchers.
$.0rl.20; light mixed, $5 7,VuT) 90; choice
light. $5.9Ofqi.0O; packing, $5.oOifw.75; pigs,
$4.25W5.2S; bulk of sales, $o.SMi6.75.
SHEEP AND LAMBS Receipts, esti
mated about 14,000 head. Market was weak;
sheep, $4.lK(r25; lambs, $5.75tff6.75; year
lings, $5.005.60.
Kansas City Lira Stock Market.
KANSAS CITY, Nov. 5. CATTLE Re
ceipts, 8,000 head. Including 600 southerns.
Market steady: choice export and dressed
beef steers. $5.2.V,j5.6j; fair to good, $4.6vft
5.26; stockers and feeders, $3.00ti4.30; south
ern steers, $2.75tn3.80; southern cows. $2 .KW
2 75; nstlve cows, $l.75f'4.15; native heifers,
$2 5iiH.60; bulla, $2.254i4.10; calves, $2.75
K.0O.
HOGS Receipts, 14,000 head. Market 15ifi'
40c lower; top, $5.70; bulk of sales, to. 45ft'
6.90; heavy, $5.60fi6.60; packers, $4.40i?i4.70;
pigs and lights. $4.90Crr5 to. -
SHEEP AND LAMBS Receipts, 3,500
head. Market weak; lambs, $5.00(j6.2S; ewes
Bnd yearlings, $4.404j6.00; western yearllnrg
$4-50j.00; western sheep, $4.00y4.75; stock
ers and feeders, $3.25Uo.OO.
St. Loals Live Stock Market.
ST. LOUIS, Nov. 6. CATTLEt Receipts,
5,000 head, including 1,000 Texans; market
steady; native shipping Snd export steers,
$5. 6rtt 7.00; dressed beef and butcher steers,
$5. 606.60; steers under l'.COO lbs., $3.G0'u6.66;
stockers and feeders, $2. Wu 4.60: cows and
heifers, $2.6Wi6.60; canners, $1.2tjfi.OO; bulls,
$2.SC&4.60; calves, $3.o.X(H.J6; Texas and In
dian steers, $2.6(Xu.5.00; cows and heifers,
$1.256.25.
HOGS Receipts, 9.000 head; market lower:
pigs and lights. $5.00e.85;. packers, $6.2id
5.86: butchers and best heavv. $5. 6of(6.95.
SHEEP AND . LAMBS Receipts, 1.000
head; market steady; native muttons, $3.28
fii0.ro ; lambs, $3. 26(o7. 001" culls and bucks,
$3.OO-4.0o; stockers. $2.5tb4.50.
St. Joseph Lire stock Market.
ST. JOSEPH, Nov. 5. CATTLE Receipts,
l.blS head; market liVfSo lower; natives,
$4.25a 00; cows and heifers. $1.7ij4.40;
Blockers and feeders, $3.25.4.25.
HOGS fiecelpts, 5.6t head: market Kg
35c lower; top. $5.tXi; hulk, $5.'f5.60.
SHEEP AND LAMBS Receipts, 1,349
head; market lower; lambs, $5.767rfi.36;
yearlings, $o.0tKg6.60.
Sloan Cltr Live Stoek Market.
SIOUX CITY, la.. Nov. 6 (Special Tele
gram.) CATTLK NVgl5c lower; beeves,
$4.3oii6.75; cows and heifers, $2.00'&3.7o;
stockers and feeders, $2. 75j3.75; calves and
yearlings, $2.504i3.50.
HOGS Receipts, 2.000 heaH. Market 10c
lower, selling at $5,3546.50; bulk of sales,
$D.4Wi6.46.
Mock In Sight.
Receipts of live stock at the six principal
western markets yesterday were as follows:
Cattle. Hogs. Sheep.
South Omaha
Sioux City ...
Kansas City
St. Joseph ..
St. Louis
Chicago
Totals
4.300
t'.6
UG2
6.000
9.000
2.3"0
8.000
2.000
14.0D '
6.609
9,0fH
13.000
3.5ii0
1,849
1.0"0
14,000
.. 37.-.IQ 46,969 7,849
WEATHER IX THE GRAIV BELT
Fair Wednesday After a Night of
Cooler Atmosphere.
OMAHA. Nov. 6. 1907.
Generally cloudy weather prevails this
morning In the upper Mississippi and Ohio
valleys, lake region and gulf states. Light
snd scattered ralna have fallen In the upper
Mississippi valley and lake region since
the last report. The weather -is generally
clear everywhere west of the Missinslppl
river. ' it Is warmer east of the Rooky
mountains except In the upper .Han tic
states, where ulightly lower temperatures
are shown. While no Important change In
temperature has occurred in the west
within the last twenty-four hours, slightly
cooler prevails in that section, and it wlil
be coolrr in this vicinity tomjiht, with con
tinued fair tonight and Wednesday.
Omaha record of temperature and preci
pitation, compured with the corresponding
day of the last three ytara:
1907. 19-i. 1906. 1904
Minimum temperature...
I 55
84 . , 38
Precipitation 00 ,00 . 47 .00
.Normal temperature for todsv.42 degrees.
Deficiency in precipitation since March 1,
637 inches. 1
Dei'i-tem-y in corresponding period In IsHW,
3 K4 Inches.
Deficiency corresponding period In 1905,
3.32 inches.- L. A. WELSH.
Local - Forecaster.
London CIoslnK Stocks.
IjONDON. Nov. Olcilng quotations on
stocua were as follows:
Conuli. monr .. l 15-16 LouliTllle a N M
do pM 8Ji M , K. a T 14i
Anroid S N. Y. t'rnlril liiji,
Al-hlou "MNorlolk W Ht
da pKt 4" pit . . 4
Baltimore A Ol.lu ... , Ontario W
Cauadiaa HaciAo Pvunnylvanis el
Chra. Ohio 29 Hand Minca 4 ,
rhl. ao Ot. Vt 14 Reading S
(' . M St. P l' isouibt-rn Rallwar ... 12 ,
lie Boara Wri do pl.l 41
lu n.er A K. U 14 Souibern ParlUc 40 14
da pfd 42 t o on Pacific 11IT
Erla If do ptd ai
do lat M 4') I'. S StaaL 21 S
do M pM " ) aid
Orand Trunk ISSaWabafh a
lilinola renltul ......1.9 du p(4 II
Hli.Vr.R Bar. steady, 28 1-liid per ounce.
MONKx 44j44 per cent.
Tim rate f discoi... te nrrt market
for ehort bills is S1, per cent; for three
months' bills. H'mSO1 per c nt.
Foreign Financial. ,
LONDON, Nov. 6. Money was In god de
mand In the market today and the supplies
sera moderate. Dlavcun s we e unejy ve
the American situation, but is r, e.i. d on
the snnouncement of the gold shipment
trom Paris to the Bank cf England. Prices
on the Stock exchange showed a moderate
recovery, the eftecl of the higher hank
rate. t'rios, led by consols, advanced,
owing to the announcement that the bank
of France was selling 3.ui0.0u0 gold to the
Bank of England to assist It In satisfying
the American demands for the metal. II nij
rails hardened on the more favorable labor
news. Trading In Americana ass restricted,
owing to the holiday In New York, but
the recovery of prces tuere yesterday waa
rerlected here la the early dealings. Prkx-a
aenl to over parity and then eard a point,
bin improved attain and flnlatied stt-sdv.
although below -thv -4etrt quotations of (ha
d 7. aciive IsBJt-a being one to tiiree points
higher tl an )elerda
JAPS WILL NOT LICR UNCLE
Miktdo Feelt 0. E. Over Fine of X.
Xahawara.
MONEY FINDING CASE AT END
Jap Track Walker Who Plrka I p Five
Haadred Dollare Gete Mlal
mam Reeanse He Made
Reetltotlon.
The mikado and Uncle Sam will not en
gage In war.
Having been worked up by the wholo
secret service force of the federal govern
ment In Omaha, requiring months for Its
completion, dragging Its length through the
varied stages of court routine and inflaming
Japanese minds to the extent of suggesting
a possible International breach between
Uncle Sam and the mikado, the case of K.
Kahawara, the Union Paclflo track walker,
who found $500 that had been dropped from
a mail sack, has at last culminated In a
fine of Colonel Kahawara In the sum of
$50. This sentence ws Imposed upon the
son of the orient by Judge W. II. Mungef
of the United States district cdurt Monday,
when the flowery kingdom boy ( pleaded
guilty.
Kahawara found l'"0 along the Union
Pacific track near Big Springs last Feb
ruary. The money was part of the con
tents of a mail sack that had been torn
to pieces under the wheels of a train. A
registered mall package containing the
$500 had been sent from one of the South
Omaha banks to the bank at Lewellen.
Lewcllcn Is a star route station a num
ber of miles from the railway and the
mall for thru station Is thrown from the
train at Big Springs. But through some
accident the mall sack was caught under
the wheels and the mall was scattered
for half a miln or more along tho track,
the mall pouch being cut Jn two.
Part of Mall Recovered.
Part of the mall was recovered by the
postal authorities, and with It was the
fragments of three $5 bills. The following
day Kahawara, while walking along the
track, picked up a package containing the
$500, tho envelope being torn open by tho
wheels and partly mutilated. Kahawara
took his treasure to the bunk house at Big
Springs and secreted It. Several weeks
afterward the bunk house was broken into
and robbed by tramps and the tramps were
later arrested. In their possession was
found the three fragments of the partly
destroyed $5 bills, being the only money
secured by the tramps. These fragments
were found to correspond with the parts of
the fragments recovered by the potitoffice
Inspectors, and by this means the fact that
the whole package of $300 had been found
by the Japanese track walker was un
earthed. Kahawara confessed to finding the pack
age and was Indicted by the federal grand
Jury In May Inst for retaining the contents
of a lettor not addressed to him. He was
placed In Jail on June 17 and In the mean
while has mado good the entire amount of
money. He made restitution on the ground
that he did not want to cast any reflection
upon the Japanese race.
Gets Minimum "lentenee.
Tho fact of his being In confinement for
five months up to this time, and the further
fact that ho had made restitution of the
whole amount. Including even the $15 which
had been partly destroyed by the wheels
and which has long since been made good
by the Treasury department, led the court
to give the accused Japanese the minimum
sentence. The hearing of the Case was con
ducted through , T. . lnouye, the general
Japanese Interpreter for the Union Pacific
Railroad company. '
Kahawara paid a portion of the fine in
the court immediately upon sentence being
announced, and will Immediately go to
work to pay the remaindor. He was re
leased from further Imprisonment.
STATESMEN AT THE BANQUET
Governor, Senators and Congressmen
Invited to River Tranaportatlon
Meeting In Omaha.
Senators Burkett and Brown, together
with the congressmen of Nebraska and
Governor Sheldon, will be Invited to attend
the Missouri River Improvement banquet
to be given by the Omaha Commercial club
Monday evening, November 11, when Law
rence M. Jones, president of the Missouri
Valley Improvement association, will ad
dress the members, of the club.
This was decided at the regular meeting
of the executive committee of the club
Tuesday, which also announced that the
banquet would be open to members of the
club at $150 per plate. ,
J. Adam Bede, congressman from Minne
sota and a member of the rivers and har
bors committee of the house, was Invltod
to attend the banquet several days ago,
but his acceptance has not yet been re
ceived. Congressman 11. C. Ellis, one of
the Missouri river Improvement enthusiasts,
will pass through Omaha Saturday enroute
to Yankton, S. D., and will return Monday
for the Commercial club banquet. .
The arrangements for the banquet will
be completed by the entertainment com
mittee of the club, and a number of other
Invitations probably will be Issued to those
prominent in the work 'to open the Mis
souri river to transportation. - Among those
of prominence who may attend the ban
quet are Gyernor Albert B. Cummna of
Iowa and Congressman K. H. Hubbard of
Sloux City, la., both of whom are active
workers for Missouri river Improvement.
As many members of the club committee
on new qtiartera are absent from the city
the question was not discussed at the
weekly meeting of the executive committee.
Three Were admitted to membership In
the club Dr. R. J. Mldgley, Harry Rowley
of the, George II. Lee company and C. H.
Minor, manager of the Western Electrical
company.
IMPURE MILK- YET EXISTS
Some Larking; Batterfat and gome
Containing- Cockroaches
Found.
From the reports received by County
Attorney English from the state chemist,
at least one Omaha restaurant ' has been
serving its patrons with milk that con
tained such a small amount of butterfat It
was barely perceptible. The restaurant
was run by a Jap and the chemist's
analysis showed the sample contained
only I of 1 per cent of fats. - The law re
quires at least 3.6 per cent. One other eat
ing house, according to the report, was
only .1 of a per cent better In the grade of
milk Jt was serving. The higher class res-
' taurants, however, run about 2.1 per cent.
In order to play fair with the restaurant
men the Inspector who secured the samples
Introduced himself to the man In charge
of the eating house and told him what he
wanted the milk fur. It Is the supposition
that the proprietors doled blm out the best
there was In the house. County Attorney
English has fourteen complaints ready to
be filed Wednesdsy morning against the
proprietors of eating houses.
8peaklng of milk and Its Inspection, one
first class eating place of Omaha has re
ported to the health department the find
ing of cockroaches In a can of milk de
livered to it. This was the third time cock
"roaches had bean , found In milk by lUt
place and each time the milk came from
(the same company, which Is one that
makes a blg-to-do over the purity of its
. , , , . ... . . .. .
product for which It requires high prices, j
In the seme can where the cockroaches
were found there were bits of rust that had
actually fallen off the sides and bottom of
the can. The eating house cancelled Its
contract with this milk emporium and then
put the matter up to the city health de
partment. SUPREME COURT SYLLABI
ln the supreme court wf the stste of Ne
brapka. Opinions filed September 19. 1907:
14.S.6. Munger- against Beard Brothers.
Appeal, Dotiglse. Reversed and remanded.
Duffle. C. Department No. 1
1. The amendment to sec. 85 of the Code of
Civil rrocrdure made In 18H7 enlarging the
scope of our Us pendens statute. Is not un-
2. It wss not the intention of the legls-
Iniiir In nrnvldins for flllna a notice of lis
pendens in sctlons wherein the title of real Krror from Nemaha. Reversed and re
propeny Is Involved, to make person hold- . mended. Sedgwick, C. J.
Irg unrecorded conveyances- of such prop- 1. Upon complaint duly made a Judge or
erty, or unrecorded Incumbrances against the district court may sit as an examining
the same parties to the action and to sum- magistrate to try whether a crime has ben
mon them Into court by means of such lis committed and whether there Is probable
pendens notice; nor Is the effect of the cause to believe that the person charged
amendment such as to tnaks them parties, has committed the crime,
or to eerve such holdera of unrecorded In- 1. When such complaint Is filed In the
terest with notice hv publication. The true ' district court ahd the person charged with
meanlna of the amendment is to provide crime In ssld complaint Is present In court.
a means by which a party holding unre-
corded Instruments, or undisclosed or secret
Interests effecting the property In litigation,
may be estopped from asserting the ssme
egtlnst the Judgment finally entered In the
action.
8. The right of the legislature to provide
that an unrecorded conveyance shall not be
asserted against a eubsequent conveyance
made to a good faith purchaser. Is un
doiibtd. and on the eame principle Its
right to dec Is re a Judgment defining the
Interest of a party to the suit In real estate
Involved In the action, paramount and su
perior to the Interest conveyed by an un
recorded Instrument, executed prior to the
tiling of a notice of lis pendens, rsnnot
be doubted or questioned. Sheasley against
Keenes, 48 Neb.. 57, Insofar as It holds any
part of the amendment to sec. 85, Code of
Civil Procedure, unconstitutional, disap
proved and overruled.
4. The tiling of a lis pendens notice docs
not cut off or effect the rights of one whose
Interest In the property affected by the
suit is known to the plaintiff when the
notice is filed.
14913. Walker against ' Ehresm.tn. Ap
peal from Buffalo. Affirmed. Epperson,
C., Dennrtment No. 1.
1. Deceased entered certain public land
as a timber culture claim under the laws
of the United States, but the patent was
not Issued until after his death. Held,
that the legal title to such land remr.lned
In the general government, that such en
tnman had no devisable Interest thcriin
and that the devisees named In his will
acquired no title to the premises.
2. Held further, that, as the land did
not belong to the estate of the "eoease-l
and was not dlvlsable by him, tho county
ccurt had no Jurisdiction to determine
the title to the real estate by adjudging
that the devisees named in the entry
nian's will were the owners of the
premises to the exclusion of the helrs-et-law
in whose name the patent was Is
sued by the United States.
3. To constitute an equitable estoppel
there must exist a false representation
or concealment of material facts; It
must have been made with knowledge,
actual or constructive, of the facts; the
party to whom It was made must have
been' wlthou knowledg". or the" mean, c?
knowledge of the real facts; It must tmve
been made with the Intention that It
should be ncted upon, and the party to
whom it waa made must have relied en
or acted upon It to his prejudice.
Georse N. Meacham appointed steno
grapher to Commissioner Fawceit.
Alice L. Sanford appointed opinion clerk
In place of Mary C. Fitagerald, resigned.
Following are miscellaneous orders:
19,4 First National bank of , Columbus
against Slate. Motion of state for con
tinuance sustained; cause continued to
November 6, 147 : state to serve end file
briefs by October 19, 1907.
Ifxi2 Tratnor against Maverick Loan and
Trust compuny. Stipulation allowed until
December 20, 1907, to serve and Ale briefs;
cause continued to January 7, 19i.
15013 State against several parcels of
land (Walsh.) Stipulation allowed; action
revived In name of Frank K. tjulnn, ad
mlnlstiator of estate of Michael W. Walsh,
deceased, cause continued to November 19,
1907.
1501C Wetherell against Adams. Stipu
lation allowed; appellants allowed until
December 6, 1907 to serve and file briefs;
appellee allowed until December 14, 1507,
to serve and file answer briefs; cause con
tinued to December 17, 1907.
I6I118 Watson against Hayward. Stipu
lation allowed; appellant ulloaed , until
November 16, 1907, to serve snd file briefs;
appellee allowed until December 16, 1D07,
to serve and file answer briefs; cause con
tinued to January 7, 1908.
loJosC'lemeiits against state, Stipulation
allowed; cause continued to November 7,
1908.
15009 McCague Savings bank against
Crofts. Stipulation allowed; cause con
tinued to November 19. 1907.
15195 Pennington County bank against
Bauman. Icave given appollant to file
briefs lnstanter.
16026 Relck against Griffin. Upon dis
missal filed appeal dismissal at costs of
appellant.
15376 State, ex rel.. Union Pacific Rail
road company against State Board of
Equalization upon request of respondent,
and by agreement of parties, cause con
tinued to November , 19i;7.
14973 Valentine against Brown s Creek
irrigation canal company, motion 01 ap -
pellant for leave to file briefs overruled.
1413& city or mcuook against MCAaams.
Motion of -plaintiff for continuance sus
tained; continued to December 3, 1907.
Following are rulings upon miscellaneous
motions:
160i7 Warren against state. Motion of
plaintiff for order allowing time already
served to apply upon sentence; overruled.
15087 Platte County bank against Clarke,
Motion of appellee to dismiss appeal, over
ru'ed. 15123. Carson against State. Motion of
plaintiff for continuance sustslned; ulaln-
tiff allowed to November 15, 1907 to serve
I and tile briefs; cause continued to Decem
' ber 17. 1907.
I 153"). Yeiser against Broadwell. Motion
of appellee to advance, sustained; appellant
allowed sixty days to serve and file briefs.
15331. Gandy against Estate of Blasell.
I Motion of appellant to advance and for
leave to file briefs sustained; leave to file
briefs lnstanter; cause advanced and set
. for hearing November 19, 1907.
1633i Clancy animal .. e of B';sell,
; Motion of appellee to strike briefs of uppcl
u i" "; overruled.
I 15348. Whedon against Lancaster county.
Motion to correct title continued by agree-
nient to November 6. 1907.
i 15348. Whednn against Lancaster county.
' Motion of Lancaster county to dismiss
cross-appeal continued by agreement to
I November 6. 1907.
15305. Lincoln T'pholsterlng company
against Baker. Motion to quash bill of
' tjvi i itionn; overruled.
I Following opinions were filed:
: 14314. Central Creameries company
against Lancaster county. Motion tor re-
ilii-rf-'ng overruled: Sedgwick, C. J.
1460.'. Johnson against The New Thomson-Houston
Electric Light company. On
rehearing former Judgment of reversal ad-
I h- ' 1 Ames, t .
I 14630. Prusa agumst Everett. On re-
I hearing former opinion of thia court va
cated; Judgment of district court reversed;
en h" . amled. Epperson, C.
' 14692. Brock ma 11 against Ostdlek. At-
: fli .1 jm t ...n. C
14770. King against King. Affirmed.
Ar-.-., r.
14810. Shelbley against Cooper. Motion
fo l e over r. 1 led. Dof'e, C.
14o95. O'Connor against Fields. Affirmed,
Epierson. C.
14S14 Falrbury Brick company againxt
Roc Island Railroad. Affirmed. Calkins. C.
14133 World Publishing Company against
Doutilss County. Affirmed. Ames. C.
14942 Union Stock Yards National Bank
against Day. Affirmed. Jackson, ".
1494ft Berard against A. A N. Railroad.
Reversed and remanded. Duffle, C.
I HOW Ogden against Sovereign Camp
1 Woodmen of the World. On rehearing
! former Judgment adhered to; Judgment of
' dXr'ct court reversed and cause remanded.
Calkins. C.
ljtkt Cohoe agatnst State. Reversed and
! remanded. Sedgwick, C. J.
Iil7 Slgte ex rel Einstein against
Northup. Writ allowed as against respond
153! Shepherd agalnt Lincoln Traction
Company. Affirmed. Duffle. C,
Following are rulings upon motions for
rehearing:
11314 Central Granaries Company against
Lancaster County. Irverruled.
HMO Shelbley against Cooper. Over
ruled. 14M9 Brldehbaugh against Bryant. Over
rule. 14M6 Russell sgaayst Estate of Clos.
. rkv,rriil.i
14M5 Hubson against Bcsby. Arrunienf
ents senwermroger ana mmi n, arid . , ,V -e - piea-imga.
Ceded as to respondents Northup and i,Jy" "''bury Brick t ompa y against
Brewster Letton. J. I bhago. Rock ls'and Pacific RHllroad
15J04 Herbes agatnat State. Reveraed and I '.'i-.r . "V, r'M mrrned.
o. .ii.,.,!. .4 !,,.. Calk'ns, C, Division No. t
allowed "ii motion before ritvlslon Ni. I
I l3C9-8tate ex rel Csstle against
gchroeder. Original writ allowed. Mtdg
l'.;-' ' . ...
1. The provisions of the general election
law (sections I06 and loT) for all filling
vacancies In orflce srply to the ofce of
alderman of the city of Lincoln, them being
no ,pe,,u, rrovlslon of the act givernlng
cities of that class, nor of the ordinances
enacted thereunder which are Inconsistent
liierewiin.
2. One appointed to fill n vacancy In the
office of alderman c-f a city f the first
class having more than 40.0tl and less than
loo.ons inhabitants holds only until the next
senersl elm lion (section 17. general elec
tion law), which Is the next election at
which the vacancv can be tilled (section
1n6) towlt: the next regular municipal elec
tion. . . .
)4i1-nHiner V. Jacobs. Overruled.
149J3 Powers against Peters. Overruled.
14931 Haines against Haines. Overruled.
Following are additional miscellaneous
orders: ..
15450-Stste e rel Dickinson against Shcl
don. Demurrer sustained. Writ denied.
uf,i- t.ii, ,J rel coll.na a alnst Garner.
Motion of Conservative Insurance Co. for
leave to file petition In Intervention sus-
talned; cause set for hearing Nov.". 1907.
lsosi. Cnhoe against State of Nebraska
the Judge may. In his discretion, call noon
the defendant to mead to the complaint ana
proceed with the examination without the
Issuing of a warrant upon the complaint.
8. i he return to the owner c-f a part
of the money stolen will not of Itself,
prevent a prosecution for the larceny;
and In a proper case. It is not error fot
the court to so Instruct the Jury.
4. Trespass Is one of the elements ol
the crime of Isrceny; there can be no con
viction under section 114, of the criminal
rode unless the taking of the property by
the defendant was unlawful.
16187. State of Nebraska on the Rela
tion of Joseph Einstein agalnKt Homer H.
Northnp et el. Original. Writ allowed
as agalm t Respondents Schwerdtfeger
snd Tomblln and denied as to Respond
ents Northun and Brewster. Letton. J.
1. Under the provisions of section 1. ar
ticle I, chapter xlv, complied statutes,
each village In this state containing the
population required by the statute becomes
a city of the second class without any
action being taken on the part of the
mu nlelpallt v.
i. At the time the board of trustee,
of the village of Arapahoe passed reso
lution and ordinance declaring the popu
lation sufficient to make It a city of th
second class snd providing for the else
Hon of city officers, the village had less
than the requisite number of Inhabitants)
to constitute It such a -city. At the time?
of election the population had Increased?
so that at that time It had the requisite
number. Held, that though the action of
the village board In providing for the
election of city officers was at that time
unauthorised, this would not Invalidate
or render void the election of such of
ficers. 15J04. Herbes against State of Nebraska.
Error from Cedar. Reversed and case dis
missed Duffle, C, Division No. 1.
An Information for an oftense mado crim
inal by statute or ordinance muit charge
every element of the offense as defined by
the statute or ordinance. -
15239. Shepherd against Lincoln Traction
Company. Appeal from Lancaster. Af
llrmed. DufTle, C. Division No. 1.
1. Where thre Is a direct conflict In the
evidence of the witness relating to a
Vl'LJ ceerVllTi taSnv'rl-SJ1
1."".""'"..!.
Imnrobahllltv of the fact In Issue is rele
vant evidence and proper for the considera
tion of the Jury. ,
2. A Judgment, will not -be reversed Where
the evidence relating to the amount of dam
ages is conflicting and where the rule of
damages to be allowed is submitted to the
Jury under proer Instructions.
14,214. Central Granaries .Company
against The County of Lancuster. Appeiil
from Lancaster. Motion for rehearing
overruled. Sedgwick, IV J. '
1. The average capital of grain dealers,
mentioned In Hertloti 46 of the revenue
law, Is not the average of the total capltul
used In the business, hut la the excess of
such capital over the real estate and other
tangible property which can be vlewint by
the assessor and '"assessed separately, "
2. Average capital Is nut average pur
chases, nor average sales, nnd cannot be
found by adding together thu amount ol'
purchases or the amount of tales during
the year, and dividing the sum by an ar
bitrary devisor.
8. Average capital Is the average of the
amount of cash and all ther properly of
every kind used In carrying un the busi
ness; and If there Is excess of this
average of capital over the amount of real
estate and other tangible property that
can be viewed by the assessor, then such
excess Is to be added for assessment.
14602. Johnston against New Omaha
Thomson-Houston Electric Light Com-
fany. Appeal from Douglas. On rehear
113 former Judgment of reversal adhered
to. Ames, C. Division No. 2. '
1. An ordinarily bright and Intelligent
boy 13 years old. living in a city in whli h
electric light and power wires ure In con
stant use on nearly all of the principal
streets and highways, who, having knowl
edge of the danger, but not of Its extnet,
purposely takes hold of suoh a wire In
order to obtain a shock, and Is Injured
thereby. Is. as a matter of law, guilty of
contributory negligence.
2. One who is negligent In u situation
of danger, the existence and nature of
which he knows, Is not entitled to recover
damages for an Injury which his negligent
conduct InvifM because such Injury Is
grcHter than he anticipated.
14H30. Otila Prusn t al bciIiki
1 J. Murreit et al. Appeal from Colfax. On
rehearing former opinion of this court va
cated; Judgment of district court reversed;
cause remanded. Epperson, C. Division
No. I.
I The term "admlniwtrator de bonis
non," i,el in reference to the administra
tion of estates by the courts of this state,
ni ans an administrator who hag been ap
pointed In the place of a former adminis
trator or executor who has ceased to be
eu h alter partial administration of the
estate.
2. The administrator d bonis non lias
all the poweis of his predecessor and Dny
sue to recover funds In the hands of
agents employed by his predecessor.
8. When all the debls and charges
agHlnst an estate of a decedent have been
paid, nothing remaining but th formal
etatutory proceedings to settle the estate,
end the administrator de bonis non re
fi:es to bring an action to recover assets
of the estate, the only heir at law ami
beneficiary under the will may maintain
such action in equity, making the admin
istrator de bonis non a psny
' V0. "''"I Yeaxel, 49 Neb. 843. dls-
i iil? ".?,' ??'J our '"'me o.-Inlon herein
U10 N. W. 668) vara ted,
14052. Dlmkiuan against Ostdlek. Appeal
from N tick .il Is. Affirmed. Jackson. C. HI
vision r.o. 2.
What may be received Inpayment of a
fleht is a matter rof contract between the
Interested parties, with which. In the ah.
sence of fraud or mistake, the courts will
not Interfere.
14770 King against King. Appeal from
Box Butte. Affirmed. Ames. C, Division
N o. 2.
1. The finding of a trial Judge as re
spects the value of resl property situated
In localities with which he la familiar, and
made uftcr hearing conflicting testlmonv
when not assailed for bias or prejudice or
obvious mistake, are entitled to aotne con
sideration and will not be disregarded upon
appeal unless It Is msde to apix ar that In
ference from the evidence drawn by this
court are more likely to be correct than
were his.
t. The court, In awarding permanent ali
mony, will not speculate upon a future In
come from a continuous and persistent ca
reer of vice and criminality and adopt aa a
basis fdr Its decree a division of the an
ticipated spoils of Iniquity.
1496. O'Connor against Fields et al. Ap
peal from Dixon. Affirmed. Epperson. C
Division No. 1. ,
1. To 'im considered In this court a bill of
exceptions must be authenticated as re
quired by law.
3. This court, on proper application and
rhowlng. will permit a bill of exceptions to
be withdrawn for the purpose of having
the certificate of the clerk of the district
court attached thereto.
3. A certificate of the clerk of the dis
trict court attached lo a bill of exception
alter It has become one of the files in this
conrj, and procurred without authority of
this court, is unwarranted and will be
wholly disregarded.
I. Judgment of the trial court examined,
1. Although a rainfall mav he nn.ru than
ordinary, yt If it be such as lias occasion
ally occurred at Irregclar Intervals. It Is In
be foreseen that It niHv occur again: and a
party engaged In a public worl-, the con
struction of which Involves the change or
reatralnt of the flow of water In a natural
channel, is guilty of negligence if It falls
te make reasonable provtstim for the con
sequences that will result from such extra
ordinary rainfalls a;, t-xperiem-v shows are
likely to recur.
i Tresasry Vtateaurat.
WASHINGTON, Nov 8 Today's state-
ntenl of the treasury balances in the gnn-
eral fund, exclusive of the $ifiO,un0wo gui
reserve, sheas: Available cash balance, $4c,
29.7 4; gold coin and bullluu, $Ui2u: alA
certificates. 7,44,8J0.
1
