TILE OMA"A DAILY BEE: MONDAY, DECEMBER 23, IPOS.
OMAHA LIVE STOCK. MARKE1
Ft Cattle Quarter to Fifty Higher
for the Week.
HOGS HIGHER THAN T02 WEEKS
heep Btroa and Active, with Erfff
thtn Selling; Karlr For Week
LmIm Art nty-Flv
Casta II Inker.
SOUTH OMAHA. Dep. 2S. W.
Seealnta were: Cattle. Hoc Sh'T
Official Mnndav ......... 2.417 . 8.4S1 8.3J
nui t..,iv 1 M4 131ft 8.61
Official Wednesday L928 8U
Official Thursday 730 6,0.i '
Official Friday-Holiday. ,,
Ivetimated Saturday .... 124 1.72 Ml'
Six davs tlila wek 8,291 28. 19. H.SJn
C.ma ri.va lust M..k HMi 40.423 81 .6
Sam davs 2 week ago. .23.66 60.677 27.7.15
R.ma dava wreka in H IM 62.217 44.1'
a, . .lava 1 a-tw.l,. . V hi 532 3"
Same days last year...'.'. i.TM 25.440 6.77
Ths following table ahowa tha receipts of
cittle, hogs and sheep at South Omiha
for the year to data, compared with lat
ear: 1 lr7. Inc. . Dec.
Cattle ..........1.021.844 1.161.814 12J.9U
Hon 2.3MI.544 2.224.199 162.315 ....
Sheep 2.081.844 1.030.S67 W.S87 ....
The following table diowi the average
prlca of hogs at South Omaha for tha laat
aeverai aays, with comparisons;
Data. U0. lHOT.180e.1106.lM lW l10-
western ahrep, 2l.0otT6.0O; dockers and feed
s'. S:.7J4.7t.
CHICAGO LIVR TOTK MARKET
llse.ro.OM; gold coin and bullion. 83.2.24';
gold certlflcatee. 2ba,S33,.
(aide sad Sheep leaar Hog Fir
(rain Higher.
CHICAGO, Dec. 26 CATTLE Recelpta.
4 0 head; market steady; beevea, ts.6i87.9i;
iexana, 83.5ti'(i4.30; westerns, U.UVu& 50;
rlocktri and feeders. liaiH .";: cows and
helfera. 81 6474.0; calvea, 86 267 00.
HuOS Receipts, ln.oo head; market 6c
.Ugher; light. 8 1, tuft. 7i; mixed. S5.36i00;
rough, lo.ar8.D; good to choice heavy,
., 6.io 00; pigs, t3.7b4.90; bulk of sales.
;5 uOaf .
SHEEP AND LAMBS Receipts. .WK
head; market steady; natives, $24.0;
westerns. fcS.ffi4 ; yearllnita. tr.niwftvaV.
native lamba, 4.oOtr7.70; westerns, 84 5v&7 .70.
Daak Clear la aa.
OMAHA. Dee. JS Bank clearlnita for to
day were 82.549.882.64, and for the corre
sponding date laat year. IX8Tg.Wl.ss,
past. W(.
.tl.W..7 IM.1ft.174.01
. a.7.1M.
. 1.9a.too.2
. 2.042.124 59
.. Holiday.
. tMa.NHX.64
Monday
Tueaday ...
Wednesday
Thursday .
M-iday
Saturday .
"Y"
1.611,140
Holiday.
2.077. M 73
1.27M57.26
l.T. 101.98
88.678,227.05
week last
Deo. 19... I tt) Ii3 4 Th
Dec. 17... IX 4 47 6 1
Io. 18... ( I1H 4 47 1H 4 7
Deo. 1... ( t0 4 84 19 4 M
Dec. 20... " 4 23 1 4 i
Dec. 21... 6 36H 431 4 09 4 88
Dec. 22... S S3T t 08 4 W!
Dec. 23... ft 36 4 44 4 Mj
Deo. 24. . ; t 47 4 'M t 13
Dec. 26.
Dec. 26...6 6U f 4 2u I 31 ft 06
4 421 4 W t 16
4 4e 4 241 6 U
4 90 4 a
4 but
4 S3
4 3W 4 15
4 44
4 3
4 W
4 42
4 4.1
at. Laala I. Ire "took Market.
FT. IiriS. Dec. 2-OjTTI.E Receipt.
head, Includ n( 450 Tezana; market
eadv: native ah I r i1 n a: ami export bum ra.
14. 5(iii7. Rn; clreaa d beef and butcher e.e Ta.
ll.(V(..So; ateera under l.na n ,una, II 7M(
6.LS: alm kera and feeder'. 12.7M4 66: rowa
l.nd he f.T.. uKfi4 5(); caniifra. I1.75'iT2.0:
ulla. .7.er4.75: calve. 43.5lf7.0.-. Texna
and Indlm ateera, $3.00tt6.5O; cowa and hell
er", 11.7)17 4.40.
HOOS H.-clpts. 2.500 head: markai 10
hUhcr: pica and Ilk. .la. .1.2VnS.: Dickers.
j.504;fi.8j. butchera and bast heavy. 16.903
S.lft.
SHEEP AND LAMBS RecelrU", 1W) head:
mnrkei trnoy; native muttora, $3.00q4.50;
lamba, n bvbl to; ulla and bucka, 2.o0i
.vu; aiocKera, u.wtii.w.
Slows City Lira ttoek Market.
BTOtlX CITY. Ia., Dec. M.-(Speclal Tele-
STam.)- HOG 8 Recelpta, l.ftH) head: market
Uttioc higher; range, 5.3Uii6.80; bulk of aalea.
CATTL.K Recelpta, 10" head; market
ateady; beevea, 35.UOfS7.00; fat cowa ani
helfera, I3.7o4ie.O0; feeders. W.vOH4.76; calve
and yearling, 3.otfU4.U0(
TOUCHING TROOP OF CHOSTS
"Glory la a good word, but duty la a better
one.
"Right you are." cried the well known
voice. "I award the palm to Duty." rnoe
EdoieVelft Last Right in the White Fighun Ed, at the., word, aiunk from
Supreme Court Syllabi
House Sketched in Advance.
PATHOS WITH THE BARK ON
being taken hjr m typical low brow, who
edged Into the preaeoc of the personage In
TR704. Ha4tln-a F.rewlnr I'omnanT aaalnet
Rohrer. Apfxl fn"m Adams. Affirmed.
Root, C. Dlvtalon No. 1
1. TIM mayor. In Titles of tbe second
bed. He was a dirty man. with malted I cUm, having nor than t.ono and leva
01
4 i
4 4t la
1 w
464
6 il
St. Joaepk Mr Stock Market.
ST. JOSEPH. Mo.. Dee. 26. CATTLE Re
celpta, 360 head; shipped direct.
HOGS-Receipts, I.ZjO head; market Qf
irc nigner; active; top, so.vu; Dum ot sales,
No sheep were received.
Holiday. 'Sunday.
Tha official number of cars of stock
Drought, In today by each road was:
Cattle. Hogs. Bhcep.H'ra.
Totals $10.S?4.77.M
lncreaae over corresponding
year, 12,246,540.51.
OMAHA C.EM ERA t, MARKET.
CoaSlltloas f Trade aad Q,aatill(ia on
Staple ad Faaey Prod are.
Rt'TTER Creamery. No. 1. delivered to
retail trade In cartona. 21c; No. 1 In go-lb.
tub", c; No. 1 In 0-lb. tuba, 28c; No. 2
In JO-lb. tubs. tc: No. 2 In 1-lb. cartons.
2c; fancy dairy, tuba, 2S23c; packing
stock. 20c.
EUOS Freah csndlefi. ssc; storage, Z!c.
CHEBfE Finest Wisconsin full cream,
twins, 16c: young Americas. 4 In hoop, 15y;
favorite, s in noon. ic: daiale. jo in no. in,
16M-c; cream brick, full case, 15c; block
SW'. 15c; full cream llmburger, 16c.
BEEF CUTS No. 1 ribs, 17Vkc; No. Z riDS.
HHc; No. I ribs, 7C; No. 1 loins. 2rtc; No. t
loins, 13r; No. I loins, c: N.ll chuck. 6c;
No. 2 chuck. 6c: No. 3 chuck. 4vc: no. i
round. Vc; No. I round, 7c: No. 3 round,
c; No. 1 plate. 6"4c; No. t plate. 4c; No.
3 plate. se.
DRESSED POULTRY Dressed hens, loc;
springs. 11c: ducks. l?c; geese, 10c; tur
keys. lc; aquaha, 12.202.25 per dns.
BruAR Coarse granulated, e.wx-; tine
granulated, 5.70c; cubes, 6.60c; powdered,
6.50c.
FRESH FRUITS-Apples. H!54.25 per
bu. box. Iemona, 4.0iKr(4.6a Oranges, Cal
ifornia, X0or&a.26. Bananas. 4o per 'b.
Orapea, Malaga. $6.6060 per keg; Call-
forn'ia Emperor, 4-hox crates, i.xa'i.io.
BEKt turn.
Ribs: No. 1. 17c; No. 2. 12c; No. 3. sc.
Loin-. No. 1, 20c; No. t, HHc; No. 3. 10c.
Chuck: No. 1, 7c; No. 2, 6c; No. . 6c.
Round: No. 1 9c; No. 2, 74c; No. 3. 6ftc.
Plate: No. 1, 6Hc; No. 2. 6c; No. 8. 4c.
VEORTABLESCelery. California, per
do., 8c: Utah, 76c; other, SOGflOe. Beans,
navy, No. 1. per bu., S2.fOrir3.60; lima, per lh..
5c Cabbage, 2Ho per lb. Potatoes. wavc.
Tomatoes, per Pasket crate. i.w. vucum
Mollrraddle Skip 4 Hh treaaona
Life and- Has CarklaaT Good
Tim Beatlas Otker Shadea
to a Fraaale.
'The Farewell of the Roosevelt
Ghoats," an advance picture of the night
of March I, 190, In the White House. Is
esteemed one of the finest bits of fancied
humor and pathos that haa tickled Wash
ington In many a day. Oeorge R. Brown,
one of the younger Washington cirre-
than 26.IM0 Inhabitants, haa the right to
east a deciding vote Ir. a contest ever an
application for a liquor license, in cas of
a tie vote of the council
2. ( hauler laxxil of the laws of 1907. which
tlM tllHUa I TV. P h in b. ... Vuln. Inl.k
possessed of a pair of shifty eyes, but aa satin In any manner tr tha retail traffic ot
he never raised Ms head, but kept Ms nose Intoxicating llqtora Is In pari materia
hair falling down over his eyes, a round
shouldered man, and about him waa the
fetid odor of the stable. He was the kind
ot a man would naturally Imagine to be
pointed always to the floor, this could not
be accurately seen.
"And you." thundered the well known
voice, "I think I know you!"
"I won't deny It," whimpered the wretch.
displaying for the first time his long Im
plement of labor, "I am the man with the
with tho "Slotumb" law,
. All atatutea In narl materia must he
taken together and treated as havtna
formed In Ills minds of the enacttna boriv
parts of a connected whole, though con
sidered at different dates.
4. Lone eontlnuret nractleal eAnntrnrtlnn
of a atatute by the officers charaed bv
law with Ita enforctimnt, la entitled to
conakltTAbU weight In Interpreting thai
muck rake. I made your acquaintance at law.
Uie laying of tha cornerstone of the houae iw-,,rP?r".,J"3 .m"2.wl?wf7l,jri T.ecv'.
spondents. haa contributed to the Boston of representative" office building In Wash- liquors In Nebrsska, but no such authority
C. M. A BL P 2
U. P. R, R.
C. N. W. (east).. 2
C. & N. W. (west).. ..
C, Ht. P., M. & O.. 1 2
C, B. & Q. (east) 2
C, B. & Q (west).. 2 1
C, R. L a. P. (aal).. .. 1
Illinois Central By 8
46
Stock In Slarbt.
Receipts of live stock at the six principal
western maraeis yeaiernay: r--. , , 6175. Onions. Snaniah.
caitie. ogs. uneep e 2oi) Te $. a cratP- Xjet.
J:" '",J w :. ' ,r ..ih,rii ti no
South Omaha
Bioux City lw
8t. JoBeph 3."0
Kanaaa city
St. luls 5"0
Chicago 400
Total
1.6O0
1.250
8.0-IO
2,5iO
10,000
15v
2.000
tuc, per dos., 46c. Peppers, southern, $1.00
per crate. cauliflower, i.oo per cra.it.
Egyptian, ii.eo per aos. tirusaeia spruuia.
30c per qt. Kumquats, 85o per qt.
:ZZ WEATHER 1 TUB GRAIN BELT
....1,804 20,032 4,3j;
CITIES.
Total receipt 6
The disposition ot the day's receipts was
as follows, each buyer purchasing lue num
ber of head, indicated:
' Cattle. Hosts. Sheep.
Omaha Packing Co. .v.
Hwlft and Company 4JJ
Cudahy Packing Co 6 m 1,3.2
J. 11. Bulla 40
Other buyer
Total 46 1.771 1.444
CATTLE As usual on a Saturday there
were no cattle of any consequence hero.
the varda beinar practically bare. ID re
ceipts lor the week nave Deen very srau js-(w York
as compared wnn previous weeaa, uu. mil 1 Chicago
aectaeaiy larger liiah m 7 "
The market throughout the week ha
been In a healthy condition. Packer have
evidently wanted the tew desirable beef
steers coming and they have bought the
arrivals very readily. Prions have been
afanrlilv arivunnlnir and at tha close Of tne
week beef staers are safely 2660u higher
than they were a wk ago.
Cow and helfera hav also shown good
dvinnti from dar to day, being active
aeller in the face of moderate receipts
and a good demand. They, too, at the close
of the week are 2WjOo higher, and the ad
vance ha been preiy well distributed over
all kinds. As a matter of course, the beet
grades usually get the best of any Improve
ni,..r txt lh, market.
The feedera coming have sold very freely
at good, strong prices. They were already
very high to begin with, and hence there
waa not room for 'Very much advance, but
.m ih., .m aafelv liWlbo hlaher. the ad
vance being quite noticeable on the medium
grades ana ail goon, ngui mm ma-
Ouotatlona en .eatti.: Ooodf to choice
com fed steers, t6.26iW7.16; fair to rood corn
f.,i iimu 16 SiVfi .!: onmmoo to fair corn
fed steers. S3.75fft6.26; good to choice range
Men a. t6.25fi4.00: fair to good range steers.
S4.HKtf6.Sii; common to fair rang, ateers,
S3 6tii4.60; good to choice corn! ed cows and
k.if.r, tiff.fi (ft: arnnd to choice graaa
. l . 1 . z,:t Ait. fait tr, D-nnd
graas oowa and halfers, S3.00tff3.76; common '"1
i ..1. ..... r-nw. and haritera. S10D4H3.0O: I Savannah
Block heWa. S2.60tfa.3o; veal calvea. 3.0Uai Toledo O.
. Kulla. III. etc.. K.SUUPi.aV; BUOU
choice atockers and feeders. t4.50.2S; fair
a., .nrui atnrknra and feeders. SJ.iuW4u0;
common to fair stocker and feeders. 2.7
HOaS It I aot surprising that receipt
were light thl morning, it being the day
attar . hnlldav. aa well as a baturnay
oniv twentv-four cars were reported In
.na tha ehanaad handa early. There
were not enough to supply the demand and
tmrkara aa.med to be willing to pay a
aruwi r.Hc for what little there was. It
was one of thoae days when It was hard
in riiiarmina luat how the market really
ativrui Roma Uarht atuff brOUKht a big 10C
higher, while other light stuff of about
tha aama nualltv brouarht steady prices
with Friday. The top was t6.&. Thai
were hardly1 enough to make what la
termed a bulk, but th moat of the hoi-a
sold between f5.ibtUb.10. Taking everymmg
Into consideration, the market was 6'4lbc
hlahar. V
Recelpta ot hogs this week have shown a
considerable falling off with last week
but still they have been decidedly larger
than the stun week a year ago. While
the market has fluctuated back and forth
to acme extent, still the general tendency
haa been upward. At the close of the
week prices are on on average 17So higher
than wat week, and the hlgheat at any
time since th. first week 01 the montn,
sale
REPORT OF THE CLEARING HOUSE
Transactloas of the Associated Baaka
for th Week.
Fair and Colder for Sunday ia th
Forecast.
OMAHA. Dec. 26, 1908.
Herald several sketches of the kind, but
the laat one Is the- first to excite the
mirth of official Washington. The yarn
follows:
It was the night before Inauguration
day, and all through the White House
not a creature wa stirring except lx
secret service men. eight watchmen, ev-
eral mice in the pantry and Pete the
Ington, April 14, 1906. Tou took me out of
Mr. Bunyan' 'Pilgrim' Progress,' and I
haven't known a minute's rest since. I've
been worked to death ia every 10-cent msga-
sins In the country. Still. I'm not sore at
you. I'm simply her to say farewell."
Two Faverit Old Fairies.
"Farewell, then," said the voice, "I hope
ior licensing a corporation to en
gaere in tne retail traffic In auch liquors
iui.11. urevn against Plate, isrror from
T-ancaater countv. Rrveraf.l and defendant
aiKcnargta. caiklna. C mse, J., not sit
ting. Division No. 2.
1. Section 8 of the act of March SO. 101.
contravenes section 16 article ill of tho con
stitution of the state of Nebraska, which
forbids speclsl legislation, aa well aa sec
tion 1 of the fourteenth amendment to the
oonstttutlon of the United States, which
forbids a state to deny to any person
within Its Jurisdiction the equal protection
of the laws. In that the acta thereby pro-
I have seen tha last of yon." Just aa he
bulldog. Upstair In the executive hea concluded these few well chosen remarks,
chamber atrenuous sounds issued from the sound of music was beard. Tha well
the crack under the door. Indicating that k nntarn Vftf r 1 1 Isanti IntniiMv V, ai ta t)U. I hihUd ri mud rrimlrisil nnlv vhn inm.
the chief magistrate of the nation waa ,wn.r of u dld . uTtlDM beinrs H1""1 Mt1!" cltlaens or realdent ot the
peacefully slumbering on the last njght gathered about th bedside began to smile 1 The ruls that a court will not listen
he was to spend in tns mansion. as the sounds of revelrv rams nearer and to an objection made to tha constitutlon-
Suddenly a small, white figure crtpt nearer. Suddenly two brurht sntrltea dancad 11,.v of !"w. by P'r'T whoa rights
noiselessly through the gloomy halls and lnt0 room. .w,DDed Md D,rou..., ! 2 ?c"
proceeuea iimiaiy miu me prcscuv.- ui m about th room, scattering garland of
sleeper. I dainty flowers and singing with dee.
nnos mere; uemanueu a vuio. "What in th ; who ar your de-
was me voice gi rreaiucnv i manded the well known vole.
... .'a r nn I'll rtrtn. t' I
rtuunevcu. - " ... .. .,d OBm ot th nrattv eraatiieaa
pausing In the mad whirl long enough to
throw a klas, "am Dee-Lighted."
'And I," cried th other, "am a Corking
Jood Time."
warranted discrimination between the In
dlvldunls ngalnat whom the aggreaston
therehy roroMden Is committed.
15mm. uarvreau against van patten. An
peal from Adanui county. Affirmed. Faw
cett. J.
L The provision In section ln6, chapter xxvl.
complied atatutea, 1907, that "No elector
shall place any mark upon his ttauot oy
which It may afterwards be lndentlfled ss
the one voted by him," and the Instruction
or sam
NEW YORK. Dec. 26. Bradstreet'a bsnk
clearings report for tho week ending De
cember 24 shows an aggregate of S3.2X9.5M,
(AO, as BKnin.it I3,3f2.!,(i,tj0 last week and
Sl,824,134,vuo In the corresponding week laat
year,
Cleavings.
Inc.
Deo.
A barometric depression, noted over the
extreme upper valleys and upper IaK
rr.trlnn Thnr'.fln.v tnnrnlnl. is moving Off
the upper Atlantic const this morning. This
disturbance Is causing generally cloudy
weather throughout the eastern portion
and light snows are falling in the lower
IbW-a rm i ii n anrl amith over western New
The following Is a list of the cities: I York, western Pennsylvania, Virginia and
North Carolina. A aepressK.n ot iu
nounced energy overlies the extreme upper
valleys and Canadian provinces, with Its
center over Manitoba. This depression has
cauted a very rapid and decided rise In
temporature In the upper Mississippi and
upper Missouri valleys and throughout um
northwest. The pressure Is high on the
Pacific coast and southeast over the lower
mountain district, and is high over the ex
tieme lower valleys and southern slates.
The depression over the upper valleys will
move eastward, and will be followed by
the western high, causing colder In this
vicinity tonight and Sui.day, with con
tinued fair weather.
Omaha record of temperature and precip
itation compared with the corresponding
day ot the last three years:
IS". 1907. 1906. 1906.
Minimum temperature.... 29 29 30 31
precipitation iw .w -w
rscrmai temperature ror toaay, a aegree.
Deficiency in precipitation since March 1,
4 4L Inches.
Deficiency corresponding period In 1907.
7.38 Inches.
Deficiency corresponding period in ihub.
4.M inches. L. A. WELSH,
coddle fled shrieking down the corridor.
Even the president wa alarmed for an
Instant. The newcomer wit misshapen,
distorted, with a crooked, wretched face,
Boston
Philadelphia .
St. Louis
Pittsburg
Ban Francisco
Kansas City .
Baltimore
Cincinnati ....
Minneapolis .
New Orleans
Cleveland
Detroit
Louisville ....
Los Angeles
maka ,
Milwaukee ...
tv-attle
St. Paul
Buffalo
Denver .
Indian apn
Fort Worth
Providence
Portland, Ore. ...
Albany ,
Richmond
Washington. D.C
Spokane, Wash, .
Bait Lako City ..
Columbus
BL J oseph
Atlanta
Memphis
I.
82,172,011,001)!
2&4,626,OiiO
H)5,74).0"0
126.5S0.OJ0
66.GS4.(I0
43,774.000
81.356.(100
42,040,000
27.97S.Oii0
25,969,01101
17.sW.0UOi..
19.205,000
14.730.u00l
13, 765,0001
14,4K3.0iV
II. 229.01 )
11.81
63.4
66.1
33.1
32.7
4.1
40.3
63.7
46.i
13.9
28.1
89.71
M.8'
19,978,000! 38 S
Representative i
Ho. a, ga. Pr.
84
Na.
At. Sh. Pr.
(I K1 49 OUj
It f!2 IK
li I4& ... Ill
t iTl ... t f
WO ... f It
I IT H 17
m 4 toe .;s
t$ as ... I to
n m ... its
t? 4 ... t IS
4 1:T 209 I Ml
D 110 ... IN
to ..sit toe I H
M
M 11 .-. 4 14
7 ,.164 I
U 171 ... I I
4 1M ... I 4
S3 til MO I 4S
71 J ... I 48
77 4 M 6 6
a ,..m ... I 44
14 ID IK
78 M 4 (0
11 ,.Kll ... I M
M 2SI S4 I 0
SHEEP Receipts ot sheep w.re very
much larger t! an usual tor th last day ot
the week, there blng all told about nine
car on sals. Tbe market aa a whole waa
In pretty good shape and pretty much
everything changud hands very readily at
very atroug prices. Thus good fat ewta
sold up to 84.60. tha highest rrice paid for
the month of December. A bunch' of
weighty yearilnga sold up to 46.75.
Receipts of sheep have been very light this
wtek, aa usual during the holiday season,
but still there have been enoi gh to supply
the demand, although r.one too many. In
fact, packer bave wanted a few cur ot
good killers every day, and. aa the supply
ot auch has baau light, packws have been
forced to advance prices very materially.
At th cloe of th week It is safe to qu
the general run of lamba Too higher than
last week, while stuep and yearlings are
eliout sue higher. Ewea especially have
shown a very stiff advance, reaching thia
week, aa noted above, the highest pi Ice of
the month to date. Th. fxelltig on th.
market Is very good, but atlll salesmen
frel that In order to maintain present high
Nashville
Rochester
Hartford
les Moines
Peoria
Norfolk
New Haven
Grand Rapids ...
Birmingham
Syracuse,
Kloiix City
fcvprlngfleld, Mass.
Evansville
Portland, Me
Dayton
Little Rock
Augusta, Oa
Oakland, CaU ....
Worcester
Mobile
Knoxville
Jacksonville, Flo.
Chattanooga
Charleston. S. C.
Uncoln, Neb
Wilmington, Del.
Wichita
Wllkesbarre
Wheeling, W. Va,
Fall River
Davenport
Kalamaauo, Mich.
Topeka
Helena
Bprlngfle'd. 111. ...
Youngstown
Fort Wayne
New Bedford
Erie, Pa
Cedar Raplda,
Macon
Akron
1-exlngton
Rockford,
Fargo, N.
Ixiwell ...
Binghamton
Cheater. Pa
Sioux Falls, S. D.
South Bend, Ind.
Bloomlngton, 111.
Canton, O
Cjuincy. Ill
Springfield. O. ..
Dxcttur, 111
Mansfield, O
Fremont, Neb. ...
Jacksonville, III.
Oklahoma
Houston
Galveston .......
Columbia. 8, C. .
Sacrarrfento
Jackson. Miss. ...
11.297,0)01
8.731,COO
8, 654,01 10
7,758,000
,OW.000
K, 546.0001
12.469,000
6. 874.000 1
e.oox.oiio
. 436.0001
6.916.0U0
. 6.oso.uH
6.791.0UO
8.509.0OO
6. 50.0(10
6.66l,0"0i
.261.000
6.238,000
5.060,000
4.411.00O1
4.7M.l)0
s.ot,oii
8.328,m
3.211.001)1
2,976,110
2.994.000
3,046,HW
2.138.0W
2.152, 000
2.4W.OOO
l.HoS.OOO
2,3;to.ooo
1.K12.1K
8.6
25.01
67
2.1
S7.2
39.6
83.6
66.3
33.8
72.1
73.7
83.81
63
0.2
128.1
37.61
75.
36.9
23.1
19.8
"zoli
6.8
25. a
43.7
39.4
65.2
26.6
25.9
49.7
17
38
38.2
Ia.
III.
D.
7.1
2.097,000 64. 2
l.hiu.imi
1,82,0((
1.779.0JO
2.05.0" 10
1.685,000
l.tta.noo
1.377.0OOI
1.44ti.0Kj
l.t79,fKl
1.O63.O0O
1. 631.01 H)!
1.6NO.0OOI
1.21J.O
1.771.OO0
1,261. Oho I
1.571.000)
1,187,000!
1,008,00
1.121,0001
1,312.0110
1,042,000
987,(H
9a.oo)
7K3,oi!
87O.0"O
6i,0(H
hil.omi
W7.00'l
697.WKI
f93.0"0
700,(il0
S.M.OiHi1
447.0t)
4.t mil
47O.0OO
6S8,0tH
3S!.
4ii6.0K
781.000)
4M.0O0I
246.000
4l6,a
867.O0OI
SK5.00O
299,000
1.631 .IMM
Sl.M.ooi
I6.oi.ooo(
724.0UM
....1
l.90.0"0 107.2
39i,O0U...
6.41
M.8
62.01
62.1
'64.6
63.1
1.1
IS. 6
60.1
54.21
29.7
77.2!
24.6
93.91
22.9
46.7
48.01
38.61
69.0!
48.2
72.2
25.4
kS.4
59.1
67.31
29.2
36.31
48.01
New York Money Market.
NEW YORK. Deo. 26.-MONEY On call
unouoted.
PRIME MERCANTILE PAPEH 4ff414j
per cent.
BlI.VKK-bar. 494C: Mexican aonara, too.
STERLING EXCHANGE Nominal with
actual business In bankers' bills at 84 8506
4 8516 for sixty days bills and st 84.87 for
demand. Commercial bills. 4.84f4.871.
BOND5 Government, unquoted; railroad.
unquoted.
Philadelphia Prod ace Market.
PHILADELPHIA. Dec. 26. BUTTER
Quiet but steady; ex ra west.rn creamery,
ISjc: extra nearby pr.nta. 35c.
EGGS Firm, but K ner.illy qjlet: Penn
sylvania and other nearby fiisU, lree cases.
34c at mark: Pennsylvania ani other cu
rent receipts, in returnable la-ea, 33c at
mark; western firsts, free Cie, 34 j at
mark; we. tern firsts, current receipts, free
cases, 3243430.
Chicago Prodaee Market.
CHICAGO. Dec. 26. The butter and eggs
board was closed today..
CHEESE Kirm; daisies, 14H'iI15c; twins,
I14l4'-.c: young Americas. l4Wo.
POULTRY Alive, steady; turkeys, llo;
cnickena, iic; springs, iso.
1
Uables Btrangsled
by croup, colds or coughs are Instantly re
lieved and quickly cured with Dr. King'
New Discovery, 60c and $1.00. For sale
by Beaton Drug Co.
GEMS , THAT FOCL EXPERTS
Sapphires and Rabies Taraed
from Crucible of French
Alchemist.
Oat
11.6!
'U.6
64
6.81
28.9
64.3
30.7
69 4
S
'!i
79.91
42.01
119.81
4
91.81
38.4
63.81
al van hn arhedtila R. section 169.
They skipped gayljr away, and th sound I chapter. "Do not make any mark on the
of muslo died down and waa heard no bJlot save a above directed ar directory
more. Ther came, however, at thl point. . y'ww an aiaetnr who Has already
the sound of galloping hoofs. All huddled I regularly and in due form voted for can-
about th bed, the imprint of clammy fear I "idates for all of the office aesignstea on
SUCH OlllC!l imilUi, WJ wniBiiB vi, w.v,....
part of his ballot the name of such person
and the office which he desires him to fill:
auch marklna- of aald ballot will not avoid
the ballot aa to th candldatea for whom
he properly voted for such aesignatea 01
rinaa unleaa It anrtears from an Inspection
of the ballot, aided by evidence aliunde. It
offered, that such marking was aone n.r
"Don't hoot," cried the small, white
figure. "I've simply come to say good
by to you."
"Who are you 7" demanded the president,
cocking hi revolver.
''I am the Mollycoddle," sighed the
mall, white figure, "and thl 1 ray last
night on earth; farewell."
A Real Frlarht.
I . . . .' v I tha h.llnt tinmnti tn vote for a
The little creature vanished through 'am upon each damp brow, while even the I ' ' ,'. .. f f i,.a . rtai-nted on
the door Just as there entered a strange I well known voice Itself was a llttl shaky I such official ballot, by writing on another
being so horrible of mien that the Molly- a it queried:
What do you suppose that can bT'
The answer came n the form of a cow
Doy, mounted on a broncho. Horse and
rider plunged Into the chamber on a lope.
a humo back, red eyes, a huge wart ot a ana it am seem that every one present
nose and mlsmated feet. I would be maahed to bits; but Just aa the I the purpose of distinguishing the paiioi, or
Who are your demanded the well- puncher reached the foot of the bed ht LmT reaaoiiawj n.uu... - w
known voice. "Answer up pert; I ve got yanked at the broncho' Jaw, and the irkm. Woods against Varley. Appealed
the drop On you." beast, rearing upon its hind legs, came to 1 from Colfax. Reversed and remanded with
no not waste anv nowder on me." re- a stop. instructions. Epperson, . uin.
plied the frightful object in blood curdling "Hello!" exclaimed the well known voice, frnt of a aloo TfVlent to obstruct a
tones, "for I am not worth It. I am the "shake!" I yew th Interior, through the door, or
Criminal Absurdity. I am here simply "How," replied the Strenuous Uf-. fr It window, is a violation of tne screen aw,
to bid you adloB." was indeed he; "I've com to shake on It,
By this time the upper corridor or the pard,
White House fairly swarmed with strange, "That reminds me," said th well known
uncouth, delirious looking personage, 'iney i voice, "of something I wrote onoe. It
crowded Into the room and when th Crlm- went like this: 'I wish to prach, not the licensed vendor of intoxicating liquor to
Inal Absurdity pressed the hand of the great doctrine of Ignoble ease, but the doctrine obstruct ither hul door or windows by
men and paid hi last respects, they flocked of the strenuous life, the life of toll and th us of screens, blinds, paint, or other
to the bed. Some wore grins, some had effort, of labor and .trite; to preach that JJm v'l aonPS LaW
face more like masks than human vis- highest form of success which comes, not section Is not a proper person to receive
age, but ail or tne countenances irare um to me man wno desires more easy peace, a liquor license,
imprint of great suffering, and not a crea- but to the man who does not shrink from
ture present but looked as though he had danger, who out ot these win th gplendld
been dragged through a knothole, one in ultimate triumph.' "
particular presented such a pitiful appear-I "Hurrah!" cried one 'of th assembled
guests, a remarkable looking man' in
leather suit, with big bunched arm and a
mammoth rubbor nose.
in short," continued th voice, "In life.
Section 7179, Annotated statutes, isstt.
15824. Bolton against Becker. ppi
from Colfax. Reversed and remanded with
instructions. Epperson, C. Division No. 1.
i ith.. Hi. nrnvlilnni of section Zv of
the Slocumb law it Is a misdemeanor for a
ance that its associate respectfully gave
It the place of honor on the footboard.
"Who are you 7" demanded the voice.
"I am the Frrie," replied the poor
creature, but In tones so weak that it was las In a foot pall game, the principle to fol- nk statute, the freeholders
Bin- VHvohl&vk. APDaleA
from Clofax. Reversed and remanded wltn
instructions. Epperson. C. Division No. L
, . rMflintalnad In front Of
saloon sufficient to obstruct a view of the
Interior through the door or winuuw -
violation of section z, oiocumo
15839. Powell against aaorrui.
from Menlck. Reversed wltn directions.
Root, C. Division no. x.
TTeiaa ai a t lvsa. vs. rnKniPr J-JaJL. vuin
I tTlJUlI -J VA BBSS
SIX HURRY WORK flN NFW I'll "-tJrtK.
- "- " ll.ll rtl . hi. ji,a,l a.amln
i a. vvnero a wiiiicaa uu .
Police Gather la Some Wicked O
Saapected of Highway
Robbery.
Six alleged holdup men and all round
crooks are locked up at the city iall.
awaiting further and positive identifica
tion, two having already been Identified,
and the police are endeavoring to discover
for now much of the recent holdup, burg
lary, ammonia-throwing and other work
the suspects are responsible.
l'l..a that an HDD leant ior a
a i i.i i . ,d. ....... - - wv-- , .
nauor license Is a man of respeciah'o
,h,riM and aiandlna In the community
i, i. ,ninn.int to lntarroa:ale said witness
on cross-examination concerning specified
acta of th applicant, aa that lie haa vlo-
lutaa tha axciaa law. or committed any
other act. In violation of law, or repugnant
to the moral senna oi in oommuuiijr.
. a i,,rmii nfter to Drove is nut neceS'
sary to obtain a review of Una ruling ot
,h. a.r.i.a hoard in excluding- an answer
lo a proper question propounded on the
cross-examination of a witness.
6. A formal otter to prove Is not neces
sary to outaln a review of the ruling ot
the excise board in excluding an answer to
Following the case of G. W. Preston, the a proper question propounded on the cross
43.6
clearing house banks for ths week show
that the banks hold tl6.92S.32S more than
th. requirements of th. 26 per cent
cent reserve rule. This Is an Increase of
prices, receipts for the coming wetk should 86.913,625 in the proportionate cash reserve
iut b exoe.sive, as packers will be very as compared with last week.
"Not fivo out ot a hundred jewelers la
New York could detect a manufactured
ruby," said a gem expert tho other day,
'The Imitation Is so perfect that I think
it hardly proper to publish the fact
mUl.t lead borne swindler to buy the French
made stonos at 40 centa a carat and sell
them at th price ot the genuine, which is
upward of SIS a carat wholesale. A fine
ruby la more valuable than a diamond of
the same weight. So is a sapphire, for
that matter."
Rubes and rapphires are chemically of
slinl.ar composition, both being varieties of
the mineral corunuum, but the manufacture
of sapphires to equal the genuine stono Is
a later achievement than ti.e production of
ruble. At h.s laboratoiy at Boulogna-sur-Seine
a modern a.chem.st named M. Louis
Pari transmutes inert powders Into spark
ling gems and heaps up quantities of sap
phires greater than a thousand mine is coulJ
dig irom th bowels of the eaith.
Clearing; Hobs Bask Statement. I The constituents of the Jewels to be cre-
NEW YOORK. Dec. 28. The statement of 1 ated, which are aluminum and oxide color
ing, are weighed very precisely on gla.a
Inclosed scale, tor an error of a nill.lgTam
In the proportions would give defe.Lve re-
wlth difficulty It could make Itself under- low Is: Hit th line hard; don't foul and signers of th petition for a license to sell
. ... . , . -wn . 7 I. anA iA.U .1.1.1. w... li, - , . . . . .. I 1... , 1., linnnf. tnllMt ha bDuA t id. ftee-
stooa. x am tno t mwic, .u i v anna, out nit me line nara. I " --- --- - frae,
burst Into tears. : "Oontlemen." announced a well known 'j"!!' rf-i5i STnabllng
"Poor little chap," said the well known voice, with decision, "this 1 too much I them to sign the petition.
voice In tones of pity, "poor lltue cnap. LoeD says your time Is up." 2. Th wit oi an appiicsjii. iu. .
You've just begun vour career ot -l-nr.l feaMSS S'wsSS
l pity you.
The Shad of Many
The Criminal Absurdity tried to "butt in"
at this point, but the voice Interrupted.
"Aa for you." It aald. "I well remember
when you were born. It wa at Oyster Bay,
Sept. 12, 1904, In my letter accepting the re
publican nomination for the presidency,
Little did I think then that you would have
such a vogue. And the poor Mollycoddle,
which haa Just left the room. That was at
Harvard Union Feb. 23, 1907. Let me think.
O, yes, here's the very note:
' 'As I emphatically disbelieve In seeing
Harvard or any other college turn out
mollycoddles Instead of vigorous men, I
may add that I do not in the least object
to a sport because It Is rough.'
Ther waa a commotion at the foot ot
th bed, and an unkempt, wild eyed object
scrambled upon the counterpane, waving
red flag.
Ha!" cried th well known voice. "I
recognize you, all right."
'Correct
banner. "I am the Undesirable citizen,
and I've come to say au revolr.
I wrote a letter about you to Mr. Hon
ore Jaxon of Chicago about the Moyer-
Hayward affair," said the voice.
In my letter, to which you object, I
referred to a certain prominent financier.
Mr. Harrlman, on tha one hand and lo
Messrs. Moysr, Hayward and Debs, on the
other, as being equally undesirable cltl
sens."
Th Fat Person
What else the vole would have aald will
never be known, for at this point a per-
Oordon, Neb., rancher who waa attacked
by thugs Saturday night and had am
monia thrown in his eyes, th police made
strenuous efforts to capture the guilty
parties, and Sunday morning Charles
Booton and Roy Ramon war arrested on
lusplclon in Council Bluffs. They were
later Identified positively a th. men who LtS IXVr"
...n.inatlim , 1 1 a WlttlMI.
loHiii. Cerny against 1'axton a uaiiagner
company. Appeal irom iTougiaa cuuiu,
. . . -, ,, .1 . . . ... T ,1
A f , . . m u. I llulltWIB ... 1 I V 1.1UI1 .
1. Where a general verdict Is set aside
for errors occurring at the trial, no part of
v.MIk! ran lia left to aland, but a
new trial must b awarasa upon m w
Issues of fact. .
held u pand robbed Harry Miller and
replied the waver ot the red James Storey Christmas night under the
railroad bridge over Thirteenth street at
Leavenworth, ao whether or not the Prea
ton cas Is proved against them, they will
be neld
bery.
Not Included in totals because containing
other iltmt than eltarlr.f.
apt to take advantage of any very larKa
riir.s thai may occur to take off at least
a part of what they put on this week.
Uuotattnns in sheen and lambs: Good to
choice lam he. S6.7vu7 6; fair t good lamha,
84.atrt.76. feeding Iambs, 4 5'.ll; good to
thole, light yearlings, S5.5tiiiH.uO; fair to
good heavy yearilnga, S4.7lki6.40; feeding
faarllrms, S4.0u4.6v; good to choice welh
ars, ftt.lk4.7; lJing wet her a, 3 7Mr4 M;
good to choice ewes, 84 Wr.iH.50: 2falr to
Sood ewea, S3.5Ot)4 0n; feeding ewes, ii.'Wtt
26; culls and bucks, SLuovlOO.
HeprwaiiUlaUv sales:
No. Av. Pr.
222 western ewes 4 60
124 western awe. 87 4 60
113 western .we. a) 4 60
2i western yearilnga va 5 75
11 western ewea and wethers... VO 6 00
89 wsstarn ewea ip) 4 rjo
LV7 western lambs ., 78 f 09
The statement follows:
Kanaaa City Llv 8 tee it Market.
KANSAS CITY. Dec. ai.-CATTI.IE-R-.
relpts, i head. Including 100 southerns;
bialket steady; rtvelpis f r t e wtek, 22.5 0
Iwttd; chiHie txp.nt and dressed btef st.'rs.
It iuij7.26; filr to gvt. 84 6a4 oj: wes ei-n
vti-ers, S3 6u6.76: sto kers and feeders S3. 0
Ou.iS; aouthern st.ers, S3.tn4i5.5o; soiitiiru
cows, I2.26i4.0i: ns-lve cjws. I2.t4 75; n
tlvs lielUra, S3 Xfli.Ti; bulla, S16t4.2j;
talvea. S! jifi7.25.
IIOGS-Rfcelpta. 8.T0O l eaJ: mat k t lofffc
hUhei; top 84 '.'i; bu k or sales. 45.4 ifS si:
ly, 45. k U&.95; n iker and hut lirs. Sj. 0
U(, . Iishts. le.SfiS uti; plus. S4 0 46.o0; r..
irlpla for tlie week 46. 0 head.
SlltU AND LAMPS Rev. U ts. J00 head:
market steady; 1. iila fur th. we, k. 14.1U0
head; Lmba, 84 50n7.6u; and ycarlLnsa
H.Uyi.Ai wUiu yrarlmga, K-a4.1i;
Loana
l'cp.ialta
circulation
I.enul tenders ,
Fpcle
);eservs
Reserve required,.
Surplus
Ex-U. 8. deposits..
.11.274,746.300
. 1,322.151, 9iO
4,12S,i
78.;62,7oO
. :09.19K,6o0
. 847.461,900
. 3JO,5S7,57
16.923.323
19.239.7uO
Dee.
239.234.800
46.7tiu,5uU
2,ol7e
l.l-'6)
S,Wa.6.jO
4,7;4.5u0
11.699.125
6.913.425
6, 6L, 6,125
Increaa.
The percentage of actual reserve of the
clearing houae banks tod:iy was 26 68.
The statements of banks and trust com-
fianlea of Greater New York not reporting
o the clearing house shows that thea. in
stitutions have aggregate deposits of 11. lit. -0tt.6.
Total rash on hand. Sl'i6,Cl,U0, and
loan amounting to tl.057,U8,200.
Bank ! England Statement.
LONDON. Dec. 24. The weekly statement
I of tha Bank of England allows tha fallow
ing changes:
Total r'-aerve. decreased 2,964 000
Circulation, Increased tvw.oio
Bullion, decreaaed 1.074 833
Other securities. Increased 4.610.00
Other deposits. Increased 919 0
Putilio deDoslls. Increased 722.0)
Notes reserve, decreased 1.822,W
Oovernuient securities unchanged.
The proportion of the bank's reserve to
liability this week Is 88 30 per cent; laat
week ll was 45 42 per c.nt.
Treaaary Statement.
WASHINGTON. Dec. !. Today' tate
ment uf tha treasury balance In the gen
eral fund, exclusive, of lh 8'50.0o0.iJO guid
tcssrvs, show si Availabi iaa palaucr.
suits. The nilxixl powder Is poured In a
cupel, which Is then placed In an oil burn
ing oven. A temiratur. of l,7u0 degrees
is maintained for tevera! hours. When th
cupel Is taken from the oven Its contents
ar dumped Into a cup and thence emptied
through a funnel into a sort of flower pot
with a perforated cover. The pot la placed
over the jet of an ox, hydrogen blowpipe,
with a temperature of 1,6.0 degrees. The
tube of the nxybydrogen apparatus is pro
tected with many layers of sheet iron, and
this final proci'ts Is car.f ally observed by
expert workmen. Slowly the l.quef) ing
powder falls In the shape of drops upon
the Intense flamo, and In place ot a mere
chemkal mixture app.ars a siplii:e, splen
didly blue and tranaiucent.
The sapphire, natural or artificial, Is a
very hard alone. Even if Usl loo declines
to aoicpt tl.s laboratory art hie, important
10n11r.crc.al uses can be found fur It, as In
forming tips for rock-boring drills the sap
phire drill la equal to the dlanioud dtUI
and on the artificial basis costs infinitely
less. New York Tribune.
ony or crime. One of them is believed to
be th man who cashed a worthless draft
at th Murray hotel tome time ago, and
all ar held a suspicious characters.
Numerous burglaries, holdups, case of
son so dignified, fat, sleek and prosperous ammonia-throwing and other crime that
looking strutted Into the room and stalked have occurred In Omaha during the last
toward th bed with such ponderous few week have aroused the police to re
tread, and withal so chestlly. that the doubled activity, and the present sis ar
other object gathered about fell all over re.ta and a number of other hav been
themselve getting out of hi way, Th ,,. a a reault. It I thought that ome
and hi attorney, lie waive me rignt to
have such comniunlcau considered as
pilvl,eu, and .he attorney b c mm
coioteieni wltnes to .c...., concerning the
matters so disclosed by tne client.
2. Where a creditor seeking to recover
on th charge ot highway rib- ',3.101 w
partner, he does not thereby make the parl-
The other four men ar a yet only sua- nr with whom he 1 is. as ms
pecta, for although known by the police n,e "t. to his copartner' the creditor Is not
to be "bad actors," no one haa been found I bound thereby, nor estopped to deny the
to Identify the men positively for any f el- same. ,. . fr.u(i 1
in on atuw'i w " . 1 . ,
from lladlann. Reversed and remanded
with Instruction. Fawcctt, C. Division
No. 2.
1. "Ppeclffo performance of an ollegtsi
tontract will not be enforced uwlesa th
court enn clearly see upon what proposi
tion the mtnda if tne parties nave niei in
a ci mmon intention." lrum sgalnat I'hsm-
berltiln, 67 Neh , 320, tspevlfio erformnce
will not le rnforceil unless the conlrsct
has been entered Into with perfect fairness
sild without misapprehension, misrepresen
tation or oppression, unless It would be un
just snd Inequitable to re(uw to enforce 1L
Morgan aralnst Hardy, 1 Neb., 427.
3. k.vldeiwe examined and set out in th
opinion, lleid. Insufficient to establish a
claim for specific perform snc.
IS-tai. Talma. e against Mlnton-Woodward
Company. Appeal from Hall. Reversed
and remanded. Good, C. llvls1on No. 1.
1. A voluntary assignment for benefit
of creditors Is void It the deed ot saslgn
ment Is not witnessed and acknowledged.
2. In proceedings In the county court
taken under chapter 4 of the Annotated
Statutes. 1907, relating; to tumiimments for
benefit of creditors, if the deed ot assign
ment Is void, the order of the county court
allowing claims of creditors does not
amount to a judgment, and the distribution
of the assigned estate and the discharge
of the a so If nee under the orders of the
county court in such proceedings do not
amount to a Judicial exhaustion ot th
property of th assignor.
15356. Johnson against Bankers' Union
of the World. Appeal from Cass. At
firmed. Kawcett, J.
1. V here a fraternal benefit association
haa not compiled with the provisions ot
aecllon 1', chapter 47, pase 266, of the net
of 197. and adopted a representative form
of government. Its governing body Is with
out lower to adopt a conmltuikm or by
law, or to amend the same, chancing th.)
terms and ohligutlrrna of a mutuiil bnetll
certificate theretofore Issued to one ot Its
members.
2. Where the constitution snd bylaws of
a beneficial society provldo that on the
death of a member tho amount due on his
certlfk-at) shall be ascertained bv deduct
ing from Its fare value tne m. nthly as
seasmenls from the death of tne member
to ihe expiration of the life epvanoy uf
such member at time of entry, with 4 pV
tent Interest thireoii, nid the constitution
unl bylaws ere afterward changed. In
creasing Ihe monthly assessment to !e col
lected, but such Increased us.seam'nta aiu
not demanded or col.ccled Irom .l:t mem
bers, bit only from persona thereafter
Joining, and th old niembors continue 10
pay at tha old ralo nr. til the death .f a
cerllflcala holder. Held, that iho society In
fettling with the lienefU lurles of t..e de
ceased member cannot deeieiimi the amount
1 tun recoveiy, dui Is entitled In deduct
he difference between the rale of ina
monthly uasessrrenl m foice v, hen tlie cer
llltcaie waa Issued and the Increased rate,
provided by the amendment, cumuli, eu
10111 the time when the uew rnte a..nt
into effect up to tlie dale ot II. Heath ot
the member, and not for tho balance ot
lie life I'xnecluncv uf such iiuii,.,i
ber.
153.9. Chicago. Rock 1hn.l Jt. p,in.
Railway Co., against Kiekine. Appeal
from Lancaster. Reversed and remanded.
Root, J.
1. Plaintiff and defendant In .wim.nl
claimed tille from a common source. De
fendant secured his tlile xunai o. uerit to the
conveyance to plaintiff but prior to the
date plaintiff's deed was recorded. De
fendant did not rrove that his deeds or
any of the conveyances In his chain of
title subseauent tl Ihe deed to i.lnlnllff li,l
been recorded, nor prove tho consideration
paid by him therefor. As to one tract he
proved that for ten years next preceding
the commencement of this suit, a corn
crib had been built and maintained on aald
block by his grantors and himself, but did
not prove that any other part of the block
had been occupied by them nor that said
crib had not been built with plaintiff's per
mission; as to tne otner tract involved in
the suit, defendant proved that It had been
enclosed for more than ten years before
the commencement of the suit and occu
pied and used by different Individuals dur-
ng that time, but did not Prove thst he
had succeeded to the possession of sll of
said accupanta. Held, that the evidence
did not sustain a Judgment for defendant.
15381. Anderson against Borgasrd. Ap
peal from Kearney. Affirmed. Duffle, C.
Division No. 1.
1. Unless reserved. Crops standing upon
th ground, matured or not. pass to the
grantee nsmed in a deed of conveyance
or to a party to whom tho land la devised.
15404. Williams against Phllllpa. Appeal.
Dundy. Rcvereed and remanded with In
structions. Root, C. Division No. 3.
1. Wher on th hearing ot a remon
strance against the "granting of liquor li
cense It Is satisfactorily proven that ths
p pi leant has within a year sold or given
to A minor malt or spirituous liquors, he Is
not entitled to a license and his applica
tion should be denied.
16409. O'Brien against Omaha Water
Company. Appeal, Douglas. Affirmed.
Calkins, C. Division No. 2.
1. Whore there was evidence lo show
liAt a fire hydrant which broke and
flooded plaintiff's cellar was in a leaky
condition for more than forty-eight hours
before it collapsed, the question whether
the leaky condition Indicated ths defect
which culminated In It bursting was one
of faot, and for the Jury,
2. Instructions examined and found to be
without error.
8. It Is not error to refuse an instruction.
the substance of which ia embraced In the
charge given by th court on Its own motion.
4. where there 1 no evidence of plain
tiff contributory negligence, instructions
submitting that question to the Jury ar
properly refused.
6. Contributory negligence is a matter 01
defense to be plead by defendant, and need
not be negatived In the petition. First para
graph ot syllabus in Chicago, Burlington
& yulncy Railroad company against Kel
log, 65 Neb., 748, and Chicago, St. Paul
Minneapolis & Northern Railroad company
against Lagerkrans, 66 Neb., 566, disap
proved. 6, In an action to recover the value of
goods negligently destroyed, the fact that
a witness testifying to the market value
thereof, ha based his estimate upon tha
cost, doe not make hi testimony incompe
tent when It further appear that aald cost
waa lee than the market value ot such
goods.
T. Where an application to amend a peti
tion so aa to demand Interest on the value
ot goods destroyed, Is made after the com
ing In of the verdict, and. no ahowlng uf
facts excusing the delsy appears, the
Judgment of the district court denying
Foley's Orlno Laxatlv. cures chronlo con
stipation and stimulates the liver. Ortne
regulates th bowels so they will act
naturally and you do not hav to take pur
gative continuously. Sold by all druggist.
Active SeJcimea He Want Ada
newcomer had a generous paunch, short
leg supporting It, a thick, red neck,
jowl Ilk those of a well fed shoat, and
two little twlnkllnr eyes, but what at
traded th greatest attention wa hi suit
of clothes, fashioned of a remarkable
cloth in which th checks and stripes
wer dollar marks. Taking a gold em
bossed card from bis pocket, ha presented
it to the occupant of the bed.
"Bo." said the voice, "you are here, too,
are you?"
"Permit me," replied th fat personage
In the dollar mark suit, "to Introduce my
self to your guests. Gentlemen, I am
the Malefactor of Great Wealth."
"You wer created in a message to con
gress." said the vole gleefully,' "and I
must admit that I gave you a pretty hot
shot."
"The shot that hit are the shot that
tell," spoke up a natty looking sailor,
"Bully, by Oeorge." shouted the voice.
"I remember that. It waa on board the
Kearsarge when I reviewed the fleet on
August 17, 1903. I want to ay that"
"Then you must remember me," Inter
rupted a flat, skinny, narrow, keen look
lng llttl chap, who bad been unnoticed
heretofore, "for I wa ther on that occa
sion, too,"
"Who ar yout" demanded the voice.
"I am the Fighting Edge." replied th
keen looking little chap;
glory.".
Daly t lh Far
A stern man, with serious eye and
thoughtful brow, pushed his way firmly to
the center of the atrange group,
"Say not so." he said, in ton of thun
der. "Hav you forgotten the Grand Army
of the Republic reunion in Washington on
February 18. 1902?"
"Who are you?" demanded the voice.
"I am Duty," replied the man with the
serious sjes. "Let tn ,uot from you:
of 'the man will soon be Identified as par
ticipant in th work.
THIRTY INJURED IN PANIC
Moving; Plotar Machine Set Fir to
Theater Bnlldlngr at Strath
ford, London.
LONDON, Dec. 27. Thirty persons were
injured in a panio caused by a cinemato
graph fir at Stmthford, London, last
night.
leg'ed to have been practiced by a promise
plaintiff must establish not only that the
S ) wa. made, but that the wme wa.
auch annllcatlon will not be dleturbed.
16426. Nlchola aV Bhepard company against
Btelnkraus. Appeal from Lancaster. Af
firmed. Reese, C. J.
L In an action upon a promiasory note,
th execution of which waa admitted, and
th defense waa fraudulent misrepresenta
tions of fact and breach of warranty as to
th quality of th property for the purcuate
price of which the note was given in part,
the court Instructed the jury that their
finding ahould be In favor ot plaintiff upon
Ita causa of actum ior a specuieu sum.
G. "W. Eaan Ineligible.
SIOUX FALLS, 8. D., Dec. 27.(Speclal.)
A decision of Judgs Jones of th state
circuit -curt has been given holding that
George W. Egan of this city, but formerly
of Logan, Ia., waa not eligible to hold the
office of state' attorney of thl (Minne
haha) county, to which he wa elected at
th election In November, notwithstanding
that he had been disbarred by the state
supreme court.
The disbarment ot Mr. Egan grew out
of hi action in connection with the cass
of ths late Mrs. Julia Ann O'Orady, who
for a time wa under th charge of having
murdered her husband at the home of the
couple near Ploux Falls. Mr. Egan was
engaged to defend Mrs. O'Orady, and se
cured th transfer to himself of all the
I'm out fJr property of his client, including a 11,000 gold
bond and about w or tee su sne naa in
cash. Th cas against Mrs. O'Orady waa
dismissed before It cam to trial and At
torney Egan retransferred most of the
property.
The matter wa taken up by th Minne
haha County Bar association, which insti
tuted th disbarment proceedings against
Mr. Egan before the state supreme court.
SeTof prSot uVon'Th-plalntlff, when the
lxi7 Vw ,h. nrnmiae shall be deceitfully being th principal and interest dae up in
thai, .PDne"r"at the tSn? of mak-.the note. The Jury returned a verdict find-
in a such promise that the defendant naa no
Mellon of complying with the ..rne.
6 Where the mortgagee of a atock of
soods Bold the same In bulk, and th mort
kr bring, an octlon against such mort
gagee 1 recover th. difference betwee n the
Eric at which the goods sold and th-lr
i.,ur Value on the ground that th mott-
SrJmlses which h. did not W.nd to per
form. It is not rror to instnict th jury
upon the measure of damages that 11 ney
should consider the value of th Block If
sold in bulk na not in. --
Appeal,
should consider the
it migni A"" Twfartln
15XSb. rnou """.- 7j. TJnnt. J
Wa SZSSZZ rVuVport-of hi ke
Junf tbe.tat. of a -a
son. testiiie. '"-"- -," hich th. de-
performed 'by him and a. to which ith. oe
Sased did not. Prsonally participate Ji
must furnish otner ana y.; of
rrora. 1 urn .
it m not proper iyr m.
1110 D
from
mony
All th world loves a bargain. Tou caa
find bargains by watching th "Want Ad
rage" of Th E
. - nlnlman, nn
interrogate ---- . .... ,1,.
that such ervlce were periorni
deceased against the estate of M
testified to the examination of the records
1 . .... i a.t.ta and refreshed Ms
memory by referring to dlarle. kept by
kimaal? hei waa croas-examlned concerning
carton ot ThoV. entries, whereupon the
court, over defendant s ) oWtion ; P"- lWyraan). Appeal from Douglas.
mltted Piaintut w."- --T.- xttlTmeA. tpperson
ing the amount due plaintiff to be 10 cents
less than tha Bum named by the court in
th Instruction. Np objection waa made to
the verdict and th erroneous computation
wss not called to the attention of to oourt
until after Judgment had been rendered.
Held, that the objection came too laU,
that If the Jury made an error of 10 cents
In computing ths Interest, the attention ot
the court and Jury should hav been called
to tha fact. If at all, before the dischcarge
of tlie jury In order that the verdict might
be referred back and the proper computa
tion roads. 1
15134. Odsll against Story. Appeal from
Hitchcock. On rehearing, former Judg
ment of reversal adhered to. Calkins, C.
Division No. 2. ...u.i.
1. To refuse an Instruction that 1 not
applicable to the evldonc doe not con
stitut. rror.
2. A Judgment will b reversed for the
reception of Improper evidence where It I
probable 'that such Improper evidence in
fluenced th verdict of the Jury.
16203. Ayers against Citizens Railway Co.
Appeal from Lancaster. Affirmed. Good,
C. Division No. 1. ,
L It Is essential to ths right of an In
dividual to Injunctive relief against a
has suffered or will suffer some special
Injury other than that In which the general
public sharwa and ths difference between
the Injury to him and the publie must be
on ot kind and mor merely of degree.
ir,:u:t Htata aaalnst Soveral Parcel of
. 1 ..
?roa.-.ximlnatlon. but alao thoae part, of
the dlarle relating to other and, dl.Unct
alleged transaction wun . ".'".".
2 If objection ar Interposed In the
oounty court to the allowance of a olalm
against tn eatai n a u -
Issues thus framed will be construsd with
great liberality tn the district court.
4. A plea of general settlement and pay
ment ot all claims and demands Is not an
implied admission that any specific cause
of action existed In plaintlffe favor and
against defendant during the tlm covered
by that Battlement and I not lnconsistaut
with a general denial.
16984. Wbedon against Brown. Appeal.
Lancaster. Affirmed. Root, C. Division
'I'tie district courts ar without pow.r
to consider and determine an original ac
tion instituted for tha purpoa of contest
ing ths nomination of a legislative candi
date at, a primary election.
162671. Stanton against Drlffkorn. Ari'ai
dls-
C. Fawcett, J,
sent. Division Nos. x ana ,
L Statutory provisions with reference to
special assessment are trlctly enforced,
but liberally constructed with reference to
general taxes, when an Irregularity com
plained of haa not been prejudicial.
2. Irregularity in the process of taxation,
can ' b said not to amount to due process
of law, nly when th proceeding ar ar
bitrary. oppraiv or unjust
g. To consillul du procea Of law, It
I not necessary that notio be given of
each step tn the process of taxation; It U
sufficient If th taxpayer ha an oppor
tunity to appear at sum time beor a
tribunal having Jurisdiction and ther pro
cur an adjustment of his liabilities.
Uansjarosut rry
in th abdominal region U prevented by
th us of Dr. King" Nw Uf Pi"..
palnlea purifier. 25, Fvr sal by Bator
Drug Cs
