THE BEE: OMHX. TUESDAY, FT,BKUAIIY 14. 1911.
BAILEY PLEADS FOR LORIMER
Texas Senator Oires Hit View of Law
and Facta in Case.
HOLDS THAT ELECTION IS VALID
Me It
Lorimer
nil II
U ol tknwi that Mr.
Knew ef C'nrraptloa
We Sol Safnrleat
la Affect Rmtl.
WASHINGTON. Feb. 13-P,y resorting lo
the bold device of asking hi antagonist
in the anate to eland up and testify.
Senator Bailey of Texas today developed
a dramatic situation In hl. discussion of
the rase of Senator Lorimer of llllnola I
Mr. Bailey la a member of the committee
on privilege and election and coincided
with th report declaring that nothing In
validating Mr. Lorimer title to hia seat
had been developed by the committee' ln
veatlgatlon. Hia argument In aupiort of
Mr. T.orlmer had been anticipated with
much Interest, and when presented today
received the thoughtful attention of many
enatori.
The Texan aerator's remnrka were de
voted largely to the substantiation of his
contention that a sufficient numb r of vote
must be shown to ha e been bought to ef
fect the result, unless it la proven that
the official whose election Is challenged
f-ersonally participated In the offense.
Senators Root. Cummins and Borah, all
opponent of Mr. Lorimer. wore each In
turn requested to stand up and express
their opinions as to the legal soundnes
of this proposition.
Two Propositions of I. aw.
Dealing first with the general aspects of
the case. Senator Ralley entered upon the
consideration of the law Involved. He laid
down these two propositions:
rirst If the officer whoso election .Is
challenged, personally participated In. -r
encouraged, or sanctioned the brlhAYy. then
his election Is void, without reference to
the extn of the bribery.
Second If the officer whose election i4
challenged, did not personally participate
In, or encourage, or sanction the bribery,
then his election cannot he avoided, tinier
II is ahown by sufficient evidence that
enough votes wrre bribed to effect the re
ault. . The flrat of these propositions was dis
missed with the declaration that there was
not a word In the testimony tu show that
Mr. Lorimer had any knowledge of anv
bribery In hla behalf. He asserted that
the Chicago Tribune had been compelled
through lis attorney to exonerate the ac
cused senator In this respect, notwithstand
ing an unusual effort to connect him with
tt. True, the acnator said, in the heat of
debate some senators had sought to con
nect Mr. Lorlmer with the alleged wrong
ful transaction, but he was sure they
would repent of that course.
Mr. Bailey contended that even If the
s- ven votes of White, Browne, Beckemeycr.
I.lr.k, Wilson, Holstlaw and Broderick were
not counted, Mr. Lorimer still had been
legally and properly chosen.
lalaa of Tainted Votes.
"Deducting these aeven votea from Mr.
Lorlmerg 108, would leave him 101, and de
ducting these aeven votea from the total
vote of 202, would leave 1. of which the
lftl votes received by Lorlmer would con
atitute a clear majority, and he waa there
fore duly and legally elected," Instated Sen
ator Bailey.
fie ridiculed th contention of hia op
ponents i that theae votea could be sub
tracted from I,orlmer'a column and still
be retained in the total vote, declaring
the contrary view waa so elementary aa
to render It almost absurd to present au
thorities In support of It.
"Wa hav the authority of the text books
and of the courts for saying that an il
legal vote must be rejected for all pur
poses and that it cannot be considered for
any purposes," the aenator continued.
"That la not only the law and the logic,
but it la the(rule beat calculated to promote
political morality. It treats a dishonest
vole aa if the corrupt legislator who cat It
were civilly dead, at leant In that trans
action and leaves the result to be deter
mined by the votea of honest men."
Mr. Haliey would not admit, as senator
Boot, Borah and others had charged, that
In demanding the total exclusion of dishon
est votea, ha really was giving effect to
such votes. On the contrary he undertook
to turn the charge upon his antagonists.
sajlng that allegations of taint had been
made; against eleven members of the Illi
nois legislature, he added:
ouuiracung ineae eleven votea rrom a
total of 203 we have an unchallenged
membership of 191 members who by virtue
of their position and of their Integrety
mere qualified to elect senator. Of this
U'l members ntnety-alx would be a majority.
and after deducting every vote againat
which the suggestion of dishonesty has been
made Lorimer would still have ninety-seven
as against ninety-four votes for his op
ponent" Matter of Morals.
"Under those circumstance no man could
deny that ha was entitled to hi scat In
thta senate as a matter of law, and alill
let can they deny it aa a matter of morals,
because he had a clear majority of the
honest men In the legislature. Now, let
u apply the rule proposed by the aenator
from Idaho, Iowa and New York, and
what result do we reach?
"By keeping these eleven men In this
equation they prevent ninety-seven honest
men from effecting an election over ninety
four honest men, and thla makes It plain
that they are the gentlemen who are giv
ing effect to the votes of rascals, because
by preserving those votes they then pre
vent an honest majority from working out
Us will."
Pet luring then that the law as be
propounded tt would prove to be "thei
beat protection against the baneful In-1
fitiem-e of the corruptionials In our politic,;
Mr. Bailey concluded: j
"No matter how honest the aentleini.ii!
on the other aide may be. It Is still true.
mai in luivinii iu reverse me precedents!
uf the senate and overrule the court of I
the country they are aeeking to estab-1
lih a doctrine that will permit a dishonest
faction of a legislature to disable an hoiiotl
majority from choosing a senator to repre- I
ent their state." I
llesle Admtselnn of Hrthery
Mr. Bailey would not accept the proposi
tion that there was admission that four
mamhera of the llllnola legislature had
b?en bribed. White, who had charged
bribery, had been utterly contradicted and
the substantiation of his chargra had been
left entirely to the Chicago Tribune and
others atanding with that paper.
"Tou could not Impanel a Jury in Amer
la M wwuld deprla a negro convict of
a blind mule on such testimony."
In the course of hla speech In support
of Senator Lorimer, Senator Bailey today
denounced a a forgery Mate Senator
Itotstlaa'a name on the slip allowing bribe
money raid lo hae been deoaited.
Sciiatoi Root. Cummin and Borah took
lame, but Mr. Bailey held to the point.
Twro Mlllioi
WASHINGTON
reded la Iklaa.
Keb. l"..-.t least $2.0nO.-
do wl!f be required for the adequate relief
f the fumtne sufferers In China, accord
ing to cable dispatches received by the
State department from American Minister
Calhoun at I'ektn. The contributions are
needed at once and are warranted by the
horrifying conditions.
Wyoming Legislature
Must Finish Its
Work Within Week
Initiative and Referendum and Kum
ber of Other Measures Still on
the Calendar.
CHUTKNNR. Wyo., Feb. 13-f3peelal .)
This is. the closing week of the Wyoming
legislature and promises to be the busiest
one of the forty-day session. While many
progressive measures have been killed, and
only one, the direct primary, haa been en
acted Into law. several Imports nt measures
are at. II being considered. Among these la
the Initiative and referendum, upon which
the membera appear to be equally divided.
It Is believed a majority favor the enact
ment of this legislation, but there Is a vast
difference of opinion aa to some of the
features of the bill. Some wish the per
centage of voters necessary to Invoke the
initiative and referendum placed at 25 per
cent, while others feel that 15 per cent
would be about right. Still others believe
that wr cent la the only proper bast upon
which to enact the law. The matter I now
before the senate and early action Is an
ticipated. Bills are now pending creating many
board, commissions and state offices.
Very few will pass.
The bill providing for the reimbursement
of Big Horn county In the sum of $25,000 for
expenses Incurred In the prosecution of the
Ten Sleep sheep camp raiders, who are
now serving terms In the state penitentiary,
will undoubtedly pass the senate, having
passed the house last week.
The bill to reimburse citizens of Casper,
veterinarians and sheep inspector, for
work in connection with an epidemic of
Hp and leg ulceration among the sheep of
Natrona county two years ago, will also
pass. This measure appropriates between
! and $l.0oo for services, hotel bills,
livery hire, etc. The bills were rejected by
the State Board of Sheep Commissioners, to
which same were, referred, two years ago
on the ground that the board had no au
thority to pay for work done which was
not authorized by the board.
Among the bills that have been buried
was one by Mr. Tllden prohibiting the dis
charge of firearms upon the property of
others. This would have put an end to
hunting In Wyoming.
Among the recent bills introduced are two
regulating the inspection and treatment erf
sheep Imported from other states.
Another provides for the establishment
of a state reform school to be known a
the Wyoming Industrial institute. Wyom
ing's Juvenile delinquent are now ent to
Colorado reform school for care and train
ing. Whitlock Gives Bond
and Returns to Detroit
Alleged Defaulter at Danville Will
Appear Before Grand Jury if
Sent For.
DANVILLE. 111.. Feb. lS.-Hardy H.
Whitlock, who waa Indicted last week for
embezzling county funds, returned to Dan
ville yeaterday from Detroit In custody of
Sheriff Shepard and Immediately gave
bond. In a statement. Mr. Whitlock aald
that he had received no subpoenas to ap
pear before the grand Jury, but If one
waa served he would gladly go and would
answer truthfully and fearlessly every
question put to him. Mr. Whitlock was
asked what he knew about buying votes.
He declined to answer, saying It 'would
all be brought out at hi trial and before
the grand Jury If he waa called.
Sheriff Shepard and Ma deputies began
serving bench warrant thi morning on
some of the persona who were Indicted
last week.
The grand jury was scheduled to assem
ble at 1:30 this afternoon.
Mr. Whitlock suddenly changed his mind
this morning about remaining in Danville
and left for Detroit. It was stated today
by hi attorney that Mra. Whitlock was ill
at Detroit, which necessitated the presence
of her husband. It waa given out that In
the event Mr, Whitlock was wanted by the
grand Jury he would return.
County Boundary
Fight in South Dakota
Treasurers of Lyman and Stanley
Countiees Are Collecting; Taxes
on Disputed Strip of Land.
PIERRE. S. P., Feb. 13.-(Special. 1-The
regular semi-occasional "scrap" Ie on be
tween Lyman and Stanley counties as to
the ownership of a atrip of land betwen
the two cqunllca. The resident have paid
taxes In Stanley county, and the Lyman
county authorities are selling the land for
unpaid taxes. Several threat have been
made of carrying the matter to the legis
lature for adjustment by the definite fixing
of the boundary line, but a the counties
are both organized It would likely be out
side of legislative Jurisdiction, and the
cotirtr will no doubt be calied upon to
straighten out the tangle, The trouble all
arises over the fact that when county lines
were established west of the river In early
days, no one except Indians were affected,
and there waa not the core In fixing dy
finite boundaries, which might have been
exi rclsed had there been property owners
interested in getting them down to a hasla
which would assure just where they stood
na(,jwhen It came to tax paying and Jurladlc-
tlon.
TAFT OPENS PAN-AMERICAN
COMMERCIAL CONFERENCE
I rdeiit
Disease Trail Relation
of I ailed glateo errrtarr Kaox
tlio Speaks.
WASHINGTON. Feb. 13 rrealdent Taft
opened the Pan-American commercial con
f nence at the Pan-American building to
day with a stxeih on trade relations of!
i tlx? I'nlted State. Secretary Knox, Presi
dent Karrell of the I'nlted States Steel
coiporatlon and others also delivered ad
dresses. Kepresenlatives from leading nianufac
urlng. export and Importing establishments
tn all part of the I'nlted State are In
altindance. aa are delegates from various
cities. Many Latin American diplomats
and consular offlcera have accepted Invi
tations to participate in the general dla
cueslon of the conference.
With the exception of the opening ses
sion today no set speeches have been
scheduled, the plan of Informal dlacusalcn
being decided on In the hoix of wide pai
tlcipatlon by the delegates and the pre
sentation of proposals for the improve
ment of commerce between the United
State and I-at In America. The steps to
be taken by tbe business interests of
America tn preparing for the opening of
the Panama canal and conditions surround
ing the exchange of commerce between
the two continents are aubjecta which the
conference will take up In lis daily ses
sions. The Key to taa BituaUoa fcae Want Ads
(TEACHER BACK FROM LONDON
Miss Sullivan Tells of Frof. Wallace's
Researches on Shakespeare.
ALSO TELLS OF SUFFRAGETTES
Sara Women of Enalantl Take Ike
qaeatlna Mark More Serlonely
Thaa Those of America More
W em ea Tkaa Mrs,
"English women are much more In earn
est In their struggle for suffrage than are
the American women," answered Mlas
Mary T.. Sullivan, who haa Just returned
to Omaha from Ixndon where for the last
twelve months and more she haa been delv
ing In the English archive for data ip
regard to England' great dramatist.
"For the English woman whose sympa
thies are enlisted, the suffrage question Is
the one great question. T have been asked
by many of them why It Is that the Ameri
can women are not more active. I replied
that while Mi England woman' attention
seems to be focused on this question,
In this country women are Interested In a
great many other questions." ,
"But again." Miss Sullivan said. "It was
of Interest to compare the way the Ger
man and English women approach the
question. In Germany It la largely an In
dustrial one. Women there, you know, have
gone Into all kinds of work. Tn Mu
nich I saw women wearing high boots and
short skirt, loose coaas, not a evry at
tractive costume, and standing in the mid
dle of the streets, attending to their du
ties as switch tenders. The English women
would not do this. They think too much
of dress, cling to the traditions of dress.
They won't eyen discard their lace when
they do assume the work In which such
things are out of place.
Among; Dusty Volumes.
"For instance, in the records office where
we worked, examining the records, were
many of these women, students, research
ers, and copyists, also examining the rec
ords. It Is a very dusty place. Some of the
records haven't been touched for centuries,
t should say, and It Is a place for old
clothes. Vet many of these English women
wore lace cuffs, and dainty color. They
cling to these things."
Asked If she thought the English suf
fragette wa near victory. Mis Sullivan re
plied negatively. "They are afraid of It
because there are so many more women
than men. The men In power fear that If
women are given the right to vote It will
mean that It will soon become woman's
uffrage, not equal suffrage."
Miss Sullivan, who followed the march of
the women during the now famous No
vember riot In a taxlcab, saw many of
the stirring incidents when the marcher
and policemen clashed. She terms It a
most Impressive demonstration, fully prov
ing the earnestness and courage of the
women In line, "and these women Included
women from all stations of life."
Of Prof. Charle William Wallace, and
hi Shakespearean discoveries, Misa Sulli
van speaks with much enthusiasm. The
English, she say, give htm honor for his
discoveries and yet "some feel a bit dis
gruntled to think that an outsider should
have come In and discovered these records."
A bill has been Introduced in parliament
recommending that Prof. Wallace' dis
coveries be investigated and recognized.
As a student searching the official rec
ords for Information In regard to the real
Shakespeare and the happenings of his
time. Mis Sullivan said she found It most
Interesting to witness the performance of
George Barnard Shaw' latest play which
deals with the love atory which popular
fancy ha woven Into or from Shakes
peare' aonnets: "The Dark Lady of the
Sonnets." Mies Sullivan called the play
"very amusing."
Misa Sullivan resumed her duties as
teacher in the high school Monday, and
wa kept very busy after the session saying
how-dy-do to the many students who were
eager to welcome her back.
Blar Dralaaare Contract Awarded.
MITCHELL, S. D.. Feb. 13. (Special.)
With the opening of spring some big
drainage contracts will be started upon,
principal among which is one In Hanson
county, which will be opened In the west
ern part of the county. The ditch I of
large dimensions and will have the ca
pacity of draining a large terrtiory which
haa been under water for a number of
years, and reclaiming a large quantity of
valuable farming land. The contract was
awarded to Chria Alexson of Clear Lake,
la., for the sum of 17,143. with discount
of 10 per cent for cash when the Job I
completed.
SUPREME COURT SYLLABI
16136. Kurpgewelt against Kirby. Appeal
from MadlHon. Affirmed on condition
plaintiff remit 11.000 within thirty days;
otherwise cause reversed and remanded,
fusts In supreme court taxed to plaintiff.
Letton, J. Rose, J., diasentlng to the or
der requiring remittitur.
1. The facts aet forth in the opinion held
to show a wanton and willful trespass
upon the person of the plaintiff accom
panied by such circumstances of aggrava
tion aa Justifies the inclusion of mental
suffering, humiliation and disgrace as
proper elements of compensatory dam
ages. 1. Matter In aggravation Is something
done by the defendant upon the occasion
of the commission of the principal tres
pass, which la of a different legal charac
ter from, but not inconsistent with, the
trespass.
3. Where there Is a direct invasion of
personal lights under circumstances show
ing malice, or a willful and wanton dls.
regard of another's right to personal se
curity, the amount of compensatory dam
ages Is not susceptible of exact computa
tion, and anust usually be left to the sound
discretion of the Jury.
I. Where. In such a case, considering all
the circumstances, the verdict is for such
amount aa clearly shows It is the result
of passion or prejudice, it cannot be up
held and a remittitur will be required or
the case reversed and remanded tor a new
trial.
lttl6. Shold against Van Treek. Appeai
from Dawes. Affirmed. Ietton, J. l aw
celt and Rose, J. J., not alttlng.
1. An ex parte motion to dismiss an ap
peal in this court based upon papers not
u part of the transcript, and which have
been filed without leave, should not be en
tertained. 2. When It Is sought to show that an
appeal haa abated by reaaon of mattera
happening after the appeal haa been per
fected, the moving party ahould proceed
by way of plea in abatement and service
of notice on the adverse party.
3. Hereaay testimony, which I Incompe
tent, Is not made admissable by reason of
the death of the person who made the
statement thought to be proved.
4. Evidence examined and held to warrant
a decree in favor of the defendants.
Iii77r, McShane against Cannon. Appeal
from I'ouglns. On motion to dismiss. Mo
tion overruled. Boot, J.
1. If a third person. In the presence and
bv the reiueet of a county Judge, aigna
that official a name to a certificate, the
name thus signed Is the signature of aald
Judge
'1. If a motion to dismiss an appeal from
a connty court for the alleged reason that
the county Judge a aignature to the certifi
cate attached to the transcript is not
genu tie. is overruled bv the district court,
thla court will presume, in the ahsrnce of
evidence to the contrary, that the Judge
aigned said certificate or authorized hla
name to he attached thereto.
.1. Although a duly certified transcript of
the rectird and proceeding relative to tne
matter apptnled from essential to clothe
the district court with authority to review
an order or a couniv court a atrtouting
'the property of a dectated prrso:i
vet. if
the apiellee appeur In the district court
and move It to enter Interlocutory orders,
they should not llimtaft.r tie heard to
oursilon the auffcifnry of ths certificate
to the transciipi.
I. In auch a ae if the iranorrlnt con
tain a copv of the o'der npn.led from
and the id itti of the i.ird.-s with -spec!
to the subject matter litigated, the
mere tact that au.ne cijer or material
stipulation doe not appear In the tran
srrlpt. will not prevent the district court
from acquiring Jurisdiction of the contro
versv bv th filing of the transcript.
5. If a tetator bequeaths a sum of money
to his executors to be held In trust bv
thim for a lawful, purpose and the county
court doclarea that bequest invalid and
directs the monev thus bequeathed to be
paid to the testator's hira. the executors
have such an Interest In the order that
they may appeal therefrom.
Pedersen aaa nat Pedersen. Appeal from
Poualas. Judgment of dlmrlct court dis
allowing alimony reversed and in all other
things affirmed, and cause remanded with
directions to enter a decree for nllmonv
and attorney' fees In aum of SJ.Ok). All
costs taxed to plaintiff. Sedgwick. J.
1. An accusation made bv a wife against
her husband in which aha chartea him
with the clime of Incest with hi daughter
may not In all cases constitute such ex
treme cruelty as will alone furnish him
with ground for divorce, but when such
accusation I made mallclouely and often
repeated, together with other conduct
showing a fixed purpose on her part to
make It Impossible for them to live to
gether as husband and wife. It may amount
to extreme cruelty.
t. When a divorce la granted to the hus
band on any ground except adultery com
mitted by the wife the court may allow
permanent allmonv to the wife out of the
property of the huaband.
3. For the reasons stated in the opinion
the decree Is modified so a to allow the
wife permanent alimony.
Hanlka against State. Evror from Thurs
ton. Kawcett. J. Affirmed.
I "The right of appeal did not exist at
common law. This right la purely a statu
tory one, and unless expressly conferred
does not exist." State against Belhea, 43
Neb., 4hl.
2. There being no provision in our
statute for an appeal In a contempt pro
ceeding, a conviction under auch a pro
ceeding can only be reviewed In the dis
trict court by the filing In said court of a
petition in error a provided in chapter 2.
title 15. Civil Code.
Btuefer against The West Point Milling
company. Appeal from Cuming. Af
firmed. Letton. J., Reeee, C. J., and Faw
cett, J., dissenting.
1. In order to Justify the Issuance of an
injunction to restrain the owners of a mill
dam from maintaining the dam and from
Increasing It height and thus permitting
water to overflow the plaintiff'a land, the
evidence of wrongful acta on the part of
the defendant must clearlv preponderate.
If It Is doubtful whether the height of the
dam has been the cause of the Injury or
whether the damage haa resulted from
some other cause an Injunction will be de
nied. Z. Evidence examined and held that the
allegations of the petition have not been
sustained by a preponderance of the proof.
Brown against Webster. Appeal from
Lancaster. Affirmed. lyetton, J.
1. The title to real estate at the death
of the owner descents eo Instant! to his
helre. subject to administration, and the
contingency of the probate of a will dis
posing of the same. In which event the
title of the devisees relates back to the
time of death. Cntll probate of such a
will, the title Is prima facie In the heirs
at-law, and they are necessary parties to
an action to enforce a contract made by
the deceased by declaring a trust in the
party inherited or devised.
2. The district court has no power in an
original action, either directly or Indi
rectly, to determine whether an Instrument
proposed for probate Is the last will of a
deceased person. Original Jurisdiction In
auch mattera la conferred by the constitu
tion upon the county 'court alone.
3. An action t3 declare a trust and lo
require the devisees and legatees named
In a will to convey the property devised
to the plaintiff 1s premature If brought
before the will I proved and allowed by
the county court In proper proceedings for
that purpose.
Wade against Belmont Irrigating Canal
and Water Power company. Appeal from
Cheyenne. Reversed and remanded. Reese,
C J
In an action for damages for the breach
of contract to upply water for irrigat
ing the plaintiff'a lands where It appear
that the land Is unbroken and practically
unproductive prairie. If the plaintiff pre
vail he can only recover the difference be
tween the rental value of said land with
water according to the terma of the con
tract and the rental value without uoh
water. The suppoaed value of what the
land might have produced had the water
been furnished I too remote, speculative
and conjectural.
McCague Savings Bank against Croft.
Appeal from Uouglaa. Affirmed. Barnes. J.
Where at the commencement of a ult
the original petition contain two cause
of action which are improperly Joined, and
afterwards one of auch causes Is eliminated
by the filing of .n amended and substi
tuted petition, and a trial Is had upon the
remaining cause of action aa aet forth in
both petitlona. the filing of the original
petition and the service of summon thereon
arrests the running of the statute of lim
itation aa to the remaining cause of
action.
Blair againat Kingman Implement comr
pany. Appeal from Dougla. Affirmed,
Reese, C. J.
1. Where an action was Instituted in the
district court for the reformation of a
memorandum of contract, and the trial re
sulted in a decree reforming the lnatru
ment. the decree being subsequently af
firmed on appeal to the aupreme court,
the memorandum as thua reformed will,
in an action thereon, be taken as the true
agreement between the parties and con
clusive. 2. In euc.h case, where the admission of
the answer as to the fact of the reforma
tion of the written agreement are Indef
inite. It la competent for the plaintiff to in
troduce, and the court to receive, the de
cree of reformation as the evidence of the
fact. And the findings of the court In so
far as they are necessary to sustain tha
decree and which are contained In one jour
nal entry may also De read to the Jury.
3. Where a defendant In Its answer al
leges as defensive matter that an appeal
to the supreme court waa taken from the
decree reforming a contract, but contained
nothing aa to the action of that court on
such appeal, and the plaintiff replied ad
mitting the appeal, but alleged that the de
cree of the district court had been af
firmed by the supreme courts there was
no error In permitting the introduction of
the mandate of the supreme court, during
the presentation of plaintiff'a evidence in
chief, showing auch affirmance, the fact
of the appeal having been admitted and
thereby conclusively established by the
pleadlnga.
4. Ordinarily when a party to the action
on trial takea the atand aa a witneas in
hi own behalf he la entitled to no lesa
and no greater righta than any other wit
ness. If the design on cross-examination
Is to lay a foundation for Impeachment by
proof that he haa previously made other or
different statements, material to the case,
hla attention should be called to the alate
ments by which his testimony la sought to
be contradicted. Practically the same rule
should be applied If It is sought to prove
bv him on such cross-examination, admls
a na against his Interest. There Is no
error In sustaining an objection to a ques
tion asking If it Is not a fact that during
the litigation the witness has given under
oath four different versions of the contract
which he claims he has made with defend
ant on a date prior to Its reformation, with
out specifying any of the "different vers
ions." The rule will be applied with the
greater force aince all ouestlons as to the
terms and condition of the contract are
foreclosed by the final decree of reforma
tion .
5. Where Instructions to the trial jurv
given by the court on Its own motion, and
those reo'iested bv defendant, are com
pared, and It ta found that those given by
the court include In substance those re
quested and refused, a reviewing court
will not further pursue an investigation aa
to the correctness of thoae refused.
t. The evidence, though not set out in
the opinion, la examined and found suf
ficient to sustain the verdict returned by
the Jury.
Tully against Grand Island Telephone
company. Appeal from Hall. On motion
of appellee to atrlke bill of exceptions,
motion overruled. Root J.
1. The clerk of a district court haa au
thority to receive and file a motion for a
new tral on May SO.
t. The court will not presume that the
clerk office wa closed during May SO.
nor assume that because the last day
within which a motion for a new trial
might be filed fell upon Memorial day, the
defeated lit'gant waa unavoldablv pre
vented from filing its motion within the
time prescribed by law. .
State ex rel Sayer against Junkin. Origi
nal mandamus Action dismissed -at re
lator's costs. Itton, J.
1. Wtien tha provisions of a statute pre
scribing a method of procedure are In
corporated by reference In a later act. the
provisions referred to become a part of
the statute incorporating them, and if the
f rat atat'Ue i repealed by the same act
tbe rules of procedure Incorporated con
tinue in force aa a part of the later statute.
I. Tbe orovlalone of aectlon 17. chapter f2.
laws V.iOI eec t inn 5776. fobbev'a Ann. St.
1!X.l. havinK been incorporated In chapter
F. laws tfW. are atlll effective aa a rule
of procedure, even though this section is
repealed by the same a"t.
I 3. An act'on to compel the secreturv of
sfete to certlfv the name of a candidate
I nominated la fill a vacancy in a prlmarv
I nomination la premature If brought ifore
he expiration of three (lava after tha fli.,.,"
lot th certificate of nomination.
OMAHA LIYE STOCK MARKET
Cattle Keceipts Large, Trade Slow to
Some Lower.
HOGS EXPERIENCE A BAD SLUMP
Fal kera sknw little renath,
riling: Very Well, Mklle l.amka
how More or l.eae Inclina
tion lo Weakness.
SOUTH OMAHA. Feb. ".S. !!!.
Receipt were: Cattle. Hogs Sheep
Fstlmate Monday jno 7.nt 12.100
Same dav last week 3.511 1 70 S.7M
Same dav I week ago... MS II. SM .0S1
Same day 3 weeks ago... S.211 4.TI1 11.433
Same dav 4 weeks ago... 4.77 .4f 12. 43
Same day last year 4, S3 1.049 .511
The following table shows the receipt of
cattle, hog and sheep at South Omaha for
the year to date aa compared with last year:
1M1. 11. Inc. Pec.
rH'e 1.!.SS llfi.BTI J0.OM
""K 2AT.7S9 2.0fi7 10.SS8
Bheep 21ft. 101 173.382 42.719
The following table ahowa the average
prices on hogs at South Omaha for the laat
several days, with comparisons:
Date. 1911. '1910.I19O9.I19O8. 11907. 11906. 11905.
7. ..I 7 42VI R Ml 14 li Ml S 671 4 74
S...I 7 ai. I 3 471 071 4 20,' t S7 B i 4 (4
... T S2HI g 471 161 IS 1 6 701 4 Wt
10... 7 341 8 4 10 4 09 S 72! 4 77
7 SOt,! 8 611 t SO' 4 171 M I 4 77
1 s 71 1 a hi i 991 an r tti
13.
9?i! S 16! 4 13 S 11! S 78 4 81
Sunday.
.Re,r1' "r"1 '""Postilon of live stock at
the In Ion Stock yards. South Omaha, for
twenty-four hour ending at 3 o clock yea
terday: .
RECEIPT.
Cattle. Hogs. Sheep. H'r'
C M. St. P
.... is
4
7
Feb.
Feb.
Feb.
Feb.
Feb.
Feb,
Feb.
4
2
S
17 22 1
4 3..
12 27
7 13
1 1
29 19 T
2 1 1
7
1
86 Mi 18
vv abash
Mo. Pacific
I'nlon Pacific
C. X. W.. east...
C. N. XV.. west .
C. St. P. M. O.
C. B. Q , east ...
C. B. & Q., west ..
. R. J. P., east.
. R. I P.. west
C. O. W
. 70
, 21
. 11
30
2
'. 62
. 10
, if)
1
Total receipt .'...284
DISPOSITION.
n. . . Cattle. Hogs. Sheep.
Omaha Packing Co 71R 1 007 1 2X2
r.ri V ,-w 1 4 I-2
tudahy Packing Co. .. 1,11 sos-t f;M
xmo,.',r Co 902 2.0t 1.866
Morrell
Sinclair jss ' ""
W. B. Vansant Co 34
Benton. Vansant ft Lush 82 '.'.'.
Stephen Bros 71?
Hill & Son
F. B. Iewls i
Huoston A Co 137 ... ""
J. B. Root A Co 2g
J. H. Bulla 86
U F. Husg -R7
u wolf v,j
McCreary A Carey 174 ..'. ""'
S. Werthelmer jri
H. F. Hamilton 61 "."
Sullivan Bros 9 ' ...
Ihmer Bros 44
Mo. A Kan. Calf. Co V
Ollnn A Christy 10 .
Other buyer 839
1,998
TJ?' S.643 13.204
CATTLE Receipts of cattle were very
1 rK-l " mo"nlng-334 car being reported
. '. . ! very "'"eh larger than on any
recent day and about double the receipt
on Monday of last year. Unfortunately
for the activity of the market a number of
trains were very late in arriving at the
yards, so that when It waa time for the
market to open only a portion of the esti
mated run wa In ight. Late traina al
ways contribute toward a alow market,
buyera being Inclined to wait until every
thing is in sight, with the Idea that they
will have more cattle from which to make
selections. Another fact that wa against
the selling Interests waa the large receipts
reported at all other markets with some of
them at least quoting a break in price.
The weather was also againat the seller,
there being a heavy fog and mist during
the greater part of the morning, which did
not help the appearance of the cattle. The
quality of the receipt waa also poor, the
great big bulk of the arrivals being made
up of traahy old thin cowa. half fed and
traahy steer and with very little tn the
way of really desirable atock.
The market opened extremely alow and
dull and the forenoon waa well advanced
before the cattle were yarded and ready to
be shown and before buyera seemed willing
to get down to business.
The trade continued to drag from atart to
finish and It waa unaually late in the after
noon before anything like a clearance wa
effected.
The best beef steer, owing to the fact
that the supply of that kind of cattle wa
small, did not show much change aa com
pared with last week's close. On the other
hand the common to fair kinds were slow
and weak to lOBIoc lower at least.
Cows and heifers were anywhere from
weak to 10ft 15c lower and in some cases
possibly worse than that.
Feeder were very hard to move and they
suffered fully aa much aa killers.
Quotation on cattle: Good to choice
beef steers. 6.O0.4O; fair to good beef
ateera. S3.WV&-6.00; common to fair beef
steer, H.Wa&.iO: good to choice cow and
heifers, S4.SO5.60; fair to good cowa and
heifers, 4.2Mi4 50; common to fair cow and
heifers, 3.20'4.2fi; good to choice atock era
and feedera, S5.40i&'6.90; common to fair
atockers and feeder. 4.2f600: stock heif
er, 83.74.60; veal calvea, S4.00fl8.00; bull,
atags. etc., t3.756.20.
Representative sales:
BEEF STEERS.
No.
t
so
1
40
12
21
I
I
jl
i
4
I ....
I
7
I
1
t
1
1
1
t
1
4
I
! ....
4
i
Ay. Pr.
No.
24...
40...
it...
At. Pr.
....11WI 1 to
.. .KM Ml
....W0 b 14
....14ns I (A
....1504 f 10
....1630 4 10
....1170 4 11
.... 194 4 46
....1144 4 M
.... M 4 60
....1040 4 76
.... 100 4 10
.... iU 4 10
.... M4 4 10
.... I"0 4 76
.... 6SI I 00
.. M ( V,
..lost ill
..1420 8 ta
..1110 I K
..1137 6 16
..WiS 0
1.
COWS.
.. S75 I M 4
..107J 4 00 7
..ft 4 lit II
..1034 4 25- M
..1044 4 2o 4 ....
HEIFERS.
CT1 4 10
, 70s 4 28
Ml 4 40
f24 4 40
4l 4 4S
4M 4 0
4J8 4 W
is.
...
11...
1...
4...
4..
. 446 no
. 40 to
ZsV
BUL
12M 4 Jf, j
1175 4 38 I
1M0 4 40 1.. ,,
nso 4 40 1
4 40 1
Hi 4 r.o J
70 4 60 1
1107 4 60 11
MM 4 tS
CALVES.
4f4 4 40
tt& 4 60 I
4 4 60 1
411 4 40 1
...1140 4 46
...llsn 4 70
...HI5 4 .5
...UK) 4 76
...12M 4 l
...14.V 40
...IMS 4
... 461 I 00
. . K4 t 16
.. .'" 6 l.v
.. 110 7 V)
.. mo 1 00
3....
II.'.'.'.
.!'.!
21....
...
it.!!!
w....
t ...
14 111. t.
. it 1 00
STOCKER8 AND FEEDKK.S.
M0 4 00
T.,
.. 642 6 II
.. C'd 6 U
.. ',b t 20
..174 S IS
.. 734 6 26
.. 43 6 16
.. 603 I 16
.. l-U 4 ;
.. 141 ( 16
.. 741 I AO
..Ml t I'l
.. K)i 6 0
..DM C 44
..1111 t 60
..140 i tn
.. 440 4 00
..626 4 04
.. 6A4 4
.. 43 4 M
.. 11 I 00
..14 00
.. 411 I 00
.. 770 00
.. J $ 10
.. I S 10
.. 4 I 14
..416 6 10
.. 5 I It
... 436 t 16
11...
4...
21-..
10...
16...
I...
I...
M...
4...
...
I...
II...
io...
II...
.ion I an
HUGH Bearish belief in buruenaonie hog
receipts waa more than justified by today a
rune at eaatern points. Chicago drew SO.OuO
head, a supply that la much heavier than
the heavleat estimate Saturday. Other
markets were liberally supplied and the
local recelpta were the largest for a Mon
day since June of laat year.
Prices broke sharply under pressure of
crowded shipments and decline were gen
eral. Bulk of local buslneoa appeared to be
right around 10c lower than at last week's
close, average cost settling around the 1, tiO
mark. Iorig airings held at a
apread. however, tope were decidedly low.
Packera bought the big end or ri-ceipi
only a few scattered loads moving through
shipping and speculative outlets. Iiemand
waa quiet from the atart. resulting In a
rather late clearance.
Best bacon animals on sale bad to aell at
t7.uf'(j?.10. the latter price being the hhet
paid. Ordinary mixed ruled around 17.00
and lard grades dropped well under even
money. Extra heavy packing clasaes
proved slow at S"5 8fl and Ins.
Representative sales:
No. Av 8h. Pr N f 8n Tr
38 4.JI ... 60 i mi ... 7 'M)
14 -" Win HI Ml ... t (tt
4 614 ... 1 tt :t ... 7 fri
44 .. 4 to 4 114 ... 7 (,
40 14 to 4 S'. t nt ... 7 (tt
S4.7 10 4 S 0 rt; .. 7 nt
64 ! lk) 4 ev, I . 7 (
4 XtWi ... 40 df ) ; ftl
XS 282 ... '.' " 4 .. 7 Oil
72 tht ... o 4 ... : no
5;:. i :-iS . . 7
44 ttt ...' 7 'iV) ... 7 (mi
t . . J4S t M . . 7 HA
40 Zii '.44 4 X4 77 lit ... 1 00
is v . . 1 ta at it . . t m
:'i ... . to ;jj ... j .,,
... Jit ... 7
M H ... 1 tv 7 ... TO.
26 ... I tZ Ill ... 7 06
M svt in t tv m r.v : or.
. t:i ... . sv ... 7 s
44 ttT ... r n .. f OS
... 4 , h in ... TP.;
6J ... 41 m ... 7 os
7 M4 80 6 ts 4i ... T
! . . IK 74 2-1 ... IK
7 H7 1 I v v 1 ... T OS
71 t ... Is 7f J44 0 7 ti
lt 4 ... 4 40 1T ... 7 Ml
10 Ko ... tt m r ... 1 1
44 4 ... I n VJ.V I' ... :
7J XV! ... 100 M HM ... 7 0.
3M 40 t on ?n in ,., J it
7 34 ... T 00 Xll .! tai ... i.i
4 22 ... T 00 ;t ... 7 ts
'8. I'l T 04 71 Jf ... 7 OS
It 7 40 7 i to rl ... 7 OS
I ft ... 7 00 It I?7 ... t C14
I'l ... 7 04 It tit ... t 47'4j
4 ... TOO M 4 ... ; (ITVt,
' 16 40 7 0 17 tnt ... t 0714
M 24 ... TOO 44 XVI ... t 07'
6 t ... 1 00 ft if ... T 7V
4 P ... T 00 77 117 ... 7
rso ... 1 oo 71 i'l ... 7 10
4 4 ... 104 v ... T 14
7 ttt... 1 TO M ?! ... T 14
4 40 ... 7 00 7 I4 ... 7 10
11 ... Too to XW ... 7 4
4 140 ... T 00 1 JOt ... 1 10
J 144 ... 7 00 41 ;S2 , . 7 i4
71 XM 80 7 04
Mlbbr Iiii spread between sheep and
lamb pricea ahowed that same narrowing
tendencies thla morning that were evident
at last week a close. Sheep met with a
healthy demand at steady to strong figures,
while lambs were slow t possibly a little
lower. Suppliea were fully normal and con
alsted largely of ewea and lamba, the per
centage of wether and yearling being sea
onably email.
Buying preference naturally centered
upon good grades moving around S4-20IH4.23,
and a atrlctly choice article reaching 4 36.
The latter price. It will be noted. Is a dime
higher than extreme sales last week. Weth
ers of dressing promise brought 14.25, Indi
cating a top quotation little if any higher
than actual top on ewea Best yearlinga
available aold at and around Si 00.
The easier condition of lamb trade was
generally credited to Influence arising
from doubtful tone to trade at eastern
polnta. None of the regular buyers acted
very friendly to stock of this description
and clearance was draggv and late. Most
pf the stuff sold at levels weak to a little
lower, best atringa selling at S3.RS snd less.
The market was poorly supported In all
Its branches by country buyers and a lack
of activity In ahearer trade waa at least
partially responsible for the dull movement
of lambs. Offerings suitable fo- shearing
and final finish are selling on much the
same basis as good quality killers.
Quotations on sheep and lambs: Good to
choice lamba. S.75'g8.90; fair to good lambs,
r ?M? 8 7B : handywelcht vrsrllngs, 4 SVr
600; heavy yearlings. 14.351. 85; good to
choice wethers, 4.(ff 4.35; fair to good
wethers. 3 7.Yfl4.0O: good to choice ewes,
S4.009t.38; fair to good ewes. S3.f tjl.00;
aheep. culls to feeders, t2.ftya-8.o0.
Representative aalea:
Ko.
Av. Pr.
lambs us 6 2d
ewea nig 4 6
1 ewea u 4 2S
1 ew ea 120 4 ;s
1 ewes in 4 so
1 ewes 107 4 li
1 ewes 111 4 3&
1 wethers 112 4 25
1 ewes in 4 25
1 wether 122 4 25
1 yearlings 102 4 7S
1 ewea 143 4 W
1 yearling s f, 00
yearlinga 63 6 60
1 wethera 128 4 60
1 lamba , 60 R Ml
1 ewes 1112 4 20
1 lamba 80 5 85
1 wethera los 4 35
1 lamba 71 5 80
1 ewea and bucka 94 3 80
I I.IVK STOCK MARKET
CHICAGO
Demand for Cattle and Sheep teady
Ho(t Lower.
CHICAGO, Feb. 11. CATTIyE Receipts,
30,000 head; market, steady; beeves, 8S.0O
t.80; Texas ateera, HuVfrS.oO; western steers
S4 40Q5.70; atockera and feedera, S3.8547-e.80;
cowa and heifers, S2.j'7i5.75.
HOGS Receipts, 80.000 head; market. 20o
lower than Saturday; lights, S7.154f7.45;
mixed, S.96f7.35; heavy, 8.80ju7.30; rough,
S6.80& 95; good to choice heavy, 80 95'&1.30;
pigs. S7.2fkg7.60; bulk of sales. S7.15tjy7.3S.
SHEEP AND LA MBS Receipts, 20,000
head; market, steady; native, l2.50ra-4.40;
weatema. S2.6tg4.40; yearlinga M.fiXKiS.SO;
native lamba, S4.250S.25; western, 84.50&S.25.
Kansas City Live Stock Market.
KANSAS CITT. Mo., Feb. IS. CATTLE
Recelpta, 18.000 head, Including 000 south
ern s; market, steady to 10c Tower; tops,
S66O: dressed beef and export ateera,
S5.90tSf6.5O; fair to good, So.50y5.90; western
steers, i.2biitS.OO; Blockers and feeders,
J5. 006.00; southern ateera, S5.15ov.25; south
ern cows, S3.00ttV5.00: native cows, S3.15W5.40;
native heifers. S4.6O(&.0O; bulls, S4.10rgo.26:
calve. S4.6O0fl.25.
HOGS Receipts, 12.00 head; market, 10$
20c low.", bulk of sales, S7.104j7.25; heavy,
S7.lftB7.20; packer and butcher. S7.1ttti7.25;
light, $7.20(67.33.
SHHBP AJJ'D LAMBS Receipts, 17.000
head; sheep, strong:' lambs, weak to 10c
lower; lambs, $5.25fi.O0; yearlings. St.WKg)
6.26; wethers, $4.2f!4.50; ewes, $4.00-4.20;
atockera and feeder, $3.0094.00.
St. I.oala Live Stock Mal-Uet.
ST. LOUIS, Feb. lS.-CATTLE-Recelpts,
5.2t head, Including l.OiO Texan; market,
10ql6c lower; native shipping and export
ateera, $.DOr-rr7.00; dressed eef and butcher
ateers. $6.00fi4).50; steers under l,0t pounds,
$6.254i6.76; stockers and feeders, $3.75di.".ti5;
cowa and heifers. $4.0or(!.00; canners,
$2.H5Crt3.35; bulls, $3.75fr5.60; calves. $5,004
9.60; Texan and Indian ateera. $5.00(7j.50;
cowa and heifers, $3.75f?5.00.
HOGS Receipts, 14,900 head: market l.Vql
25o lower; pigs and lights, $7.004i7.5O; pack
ers. $7.057.2o; butchers and best heavy.
$7iryH7.50.
SHEEP AND LAMBS-Receipts. 1,909
head; market, 1015o higher; native mut
tons, $3.i'ri?i4.35; lambs. $5.504ii.?; cull and
bucks, $2.50-3.00, Htockera, $2.0O3.UO.
St. Jotepa Live Stock Market.
ST. JO8EKH. Feb. 13 CATTLE Re
ceipt 3.000 head; market Blow and lower;
steer, $4.50t&.26; cow and heifer, S3. Sow
1.50; calves. S3.50ijj8.25.
HOGS Receipts 7.000 head; market 15
25c lower; top, $7.40; bulk of sales, ?7.10t();
SHEEP AND LAMBS Receipts 2,500
head; market opened steady; lambs, $4.6041
-V
Slock la Sight.
Receipt of live stock at the five principal
wmici 11 iiiimeii ycaieruay:
Cattle. Hoga. Sheep.
, 8.300 7.400 12.1(10
. 3.0U0 7,000 2.500
15.H00 12.04) 17.0i)
6,200 14,900 19.0110
SO.OiiO ,a) 211.000
61.500 101,300 70,610
South Omaha
St. Joaeph
Kansas City
St. Louis
Chicago
Totals ...
WEATHER
I THE UHA1.N BELT
I naetllrd In Central Yalleya and In
East and Month.
OMAHA. Feb. 13. inn.
Generally cloudy and unsettled weather
prevails in the central valleys and through
out the cast and south. Italns are falling
this morning In the lower Missouri and
lower MIsslKSippi valleya. the lower lake
r.'glon ami southern statea, and light rains
were scattered over the southwest and
west gulf states within the laat twenty
four houra. A barometric depression of
considerable energy la moving In over the
northwest and will continue eastward over
the a)U-y. causing continued unsettled
weather, with probable rain, in tills vicin
ity tonight and Tuesday. Temperaturea
continue unusually moderate in the central
valleya and generally warmer weather pre
vails everywhere east of the Rocky moun
tains. With the area of low pressure mov
ing down from the northwest the outlook
la favorable for continual! moderate tem
perature in thla vicinity tonight and Tues
day. Tempeiature and precipitation aa com
pared with the last three years:
1911. lalO. 1909. 190V
Lowest last night 4:t 18 2 28
Precipitation 00 .00 .Oil .10
Normal temperature for today, 23 d-greia.
deficiency in precipitation alnce March 1,
1910. 14.79 Inches
Kirns corresponding period In 1910, 4.71
lnchea.
Deficiency corresponding period. 1909. 5.02
Inches. L. A. WELSH,
Ixical Forecaster.
Chicago Produce Market. 1
CHICAGO. K-b. 13. hl.'TTEK Firm;
creameries, nfy-fitxc; dairies. lit(22c.
EGGS Weak ; recelpta. 10,oS2 cases; at
mark, rasee Included. ll'i:13',r; f 11 sit, u,c;
prim,, firsts, liic.
C H E K S E Steady; dailies. lf.til.V.c;
twins. U'4til34c; young American, 14-fclic;
long horns. 14''iI5c.
F'OTATOKS- K.asy: riiuUe to fancy. 47
5t': fair to good. 42.'rt45r.
POI I.THY 'f nr k( .1 1, dremed, 21c; chick
en, live. l.lc; spring", live. 12c.
EA L Sieadj ; 5n to bO-lb. wtt, 8'tc;
to 85-lb. w n. 10 , r; 5,5 to llo-lb. wta.,
11V.
Liverpool Grata Market.
Ll KltPiMJI.. Feb. 13 W HEAT Spot,
dull; No. 2 red western winter; no stuck.
Futures, quiet; March. 7a Sd; Mav. Htll'i'l
CORN-Spot, quiet; new .Vm-iisn nu.v-1.
42',d; old mcrlran mixed. ( 2d. fu
tures,, dull; March. 4s3ltd; May, 4aid,
Julv. 4s 8v-d.
FLOCK Winter patents, firm: 29
Hops In London tla.iXic coastt, firm
4 h."ti 4:6 5s.
OMAHA WIIOI.KSALSC THICK..
RCTTER t 't earner v. No. V, delivered tt
the retail tiade In 1-lb. cartons. 27c; No. 1. '
In SO-lb. tubs. 25c; No. 2. In l-lb. csrtone,
25c; packing stock, solid pack, lie; dalrv.
In 6-ib. tubs. 1 .41 liic. Market rhang?e every
Tuesdav.
CHEEPB Twins, K.Jilhi,c; voung Ameri
cas. 18'ic; dalslea, 17'tc: trlpleta, 17V; llm
burger. 18c; No. 1 brick. I7'-c; Imported
Swias, 32c; domestic Swiss, 22c; block Swiss,
19o.
POULTRY Pressed broilers, under 1 lbs..
$5 per dot.; hens. M'c; cork, 11;; ducks -ISc;
geese, 13c; turkev s. 25c; pigeon. pe
do.. $1.20; homer S'luabs. per do., $4 00- .
fancy squabs, per dot.. M..0; No. L per
do., $3. Alive, broil era Ike; smooth legs.
l"c; hen. 0c: ataga and old rooaters.
7c; old ducks, full feathered, I'-'c; geese,
full feathered, Wc: turkeys, 19c; guinea
fowls, 2"o each; plgeona, per do. tiOc;
homers, per do.. $3; squab, No. I, ;er
do., $1 60; No. 2. per do., 50c; capon, over
8 lbs . 14c; old turkev. 17c.
BEEF CUTS No. 1 ribs, ltie; No. I, 13o;
No. 8, 9c; No. 1 loin. 17c; No. 2. 13c; r o.
3. 10c: No. 1 chuck. 7'V; No. 2. 7V,o: No
3. 7c; No. 1 round, c: No. X, g'-e; No. 3,
'c; No. 1 plate, 7c; No. 2. SHc; No. 3. c.
FISH (all froxen) Pickerel. 7c; whltf.
11c; pike, 9c; trout, 11c; large crapplea.
1215c; Spanish mackerel. 10c; eel. He; had
dock. ISc; flounders, lie; green catfish, 20c;
roe shad, $1 each; ehnd roe. per alr, 6.1c;
frog legs, per do . 60c; salmon. 11c; hali
but. 0r; herring, 6c.
FRI ITS. ETC.-Apples: Missouri Pe-v-Oavla.
per bbl., $'.0n; California Belle
flower, per box, $t.;5; Colorado, extra
fancy, Jonathan, per full bu. box, $J75- H
Twig, per full bu. box, 2 SO; V VV Pear
main, per full bu. box. $2 75; Washington
extra fancy, Wtnesap. 9S-U2 sixes, per bu ,
$2..o; 150-176 sixes, per box. $2 50; Washing
ton Pippins. 4-tler. per box, $2,25; 6-tier,
per box. $2.00. Bananas: Fancy ee'eii
per bunch, $2.25fr2.:0; Jumho, per bunch'
$2.751f 3.75. Cranberries: per box. S3 60;
Wisconsin, Late Howe brand, per bbl ,
$10.50. Dates: Anchor brand, new. 80 1-lb.,
pkgs., in boxes, per box. $2.00;. bulk, in
70-lb. boxes, per lb.. 8'vc. Figs: New Cali
fornia. 12 12-o. pkgs.. &5c; .) 12-o. pkgs..
$2 40; 60 6-0. pkgs.. $2.00; Turklah. 7-crow n.
per lb.. Pic; o-crown, per lb.. 14c; 4-crown.
per lb., 13c. Grape fruit: Florida. 4tl-64-t4
sizes, per box, $4 00; 80-98 sixes, per box.
$3.25. lemons: Limnnelra brand, extra
fancy, Suo-3'X) sixes, per box. $4.60; choice,
300-300 sizes, per ;ox. $4 00; 240 sire. 50,
per box less. Oranges: Camella Redlands
navels. 80-98 alr.es, per box. $2.85; 128 ale.
per box, $2.85; 150 size, per box, $2.85; 178
and smaller sires, $3.00; choice navels, 80
98 sizes, $'-'50; 12ti slxe, $3.50: 150 and smaller
sixes. $2.(Vt72.75. Peare: California Winter
Nellls. per box, $2.76; New York Keifor,
per bbl.. $2.75.
VEGETABLES Beans: String and wax,
per hamper. $3 MP4.00. Beets: Per bu., 75c.
Cabbage: Wisconsin, per lb.. l'4c. Carrots:
Per bu., 75c. Celery: Michigan, per do,
bunches, 35c; California Jumbo, per dox
bunches. 80c. Cucumbers: Hot house. 1'
and 2 doren In b9x, per dor., $2.26. Egg
Phtnt. Fancy Florida, per do., $2.00. Gar
lic: Extra fancy, white, per lb., Inc. Let
tuce: Extra fancy leaf, per dor... 40c.
Onions: Iowa, red and yellow, per lb., liic;
Indiana, white, per lb.. 3c; Spanish, per
crate, $1.60. Parsley: Fancy southern, per
doz. bunches, 5tv((fi5c. Parsnlpa: per
bushel, 75c. Potatoes: Early Ohio, In
sack, per bu., 90c; Iowa and Wisconsin,
white stock, per bu., 7680c; Colorado, per
bu., 864(90c. Rutabagaa; Per lb., lUc.
Sweet Potatoes: Kansas, per bbl., $3 iuy
loinaiorB. riuiiiiv, jier o-oaa. orate, So.oi)
Jf 8 00. Turnips: Per bu.. 76c.
MISCELLANEOUS Almonds: California
soft shell, per lb., 18c; In sack lot, lo
less. Braxll Nuta: Per lb., 13c; In sack lots,
lo leas. Cocoanuts: Per sack, $6.50; per
do.. 80c. Filbert: Per lb.. 14c; In sack lot,
lc less. Hickorynuts: large, per lb., 5c;
small, per lb., 6c. Pranuta: Roasted, per
lb., 80; raw, per lb.. Pecans: Large,
per lb., 16c; In sack lots, lc less. Walnuts:
Black, per lb., 2V; California, per lb..
19c; In sack lot, lo less. Cider: New York
Mott', per i-bbl., $3.75: per bbl., $8.7S.
Honey: New, 24 frame, $3.75.
Wool Market.
ST. LOUIS. Feb. 13-WOOL-fnchanged ;
territory and western mediums, 19Jj::c;
fine mediums, Ifk&IHc; fin. iaj 13c.
London closing stock quotations:
Cnntolt, moner ....80 l-lt Ixiultrllla (4 Ntih..tl1e
do account
.. 4Vi Mo.. Kin. Ttxai.. 87
.. 4744 N. T. Cntrsl 117
.. t, Norfolk k Western. .110
..1141, do li Ill
A ma I Oipptr
Anaoonita ....
Atchison
do pfd
144'ij Ontario Weatern.. 44vt
Paltlmore aV Ohio
. i" pti rtri'anit t.s
,11144 Rand Mlnci I'
Canadian Pacific ...
C'heaapttke A Ohio.
Chi. Oraat Waatarn
4 Renting 821
24V, Bouttmrn Railway .. 2'
Oil.. Mil. ac St. P. .132
1.13 ao pro 47a
l Beera
lxnr A Rio O..
do pfd
Erie
do it pfd
do In pfd
Ortnd Trunk ,
llllnola Central ...
SILVER-Bar,
ounce.
. 1 Southern Parirlo ....17314
. 8(14, L'olon PaeHle lc,
. 74V4 do pft 8414
.1.1 u. g. aieel M
. 62t do pfd 122 It
. 41 Wibtih 17',
. I4V4 do pfd H,
.140 ftpanlatl 4a to
ateady at 23 15-Kxl per
MONEY-2 per cent. .
The rate of discount in the open mar,
ket for short and three months' bill is V
per cent.
Local Sernrltle.
Quotation furnished by Burns, R
rlnker
& o., 419 New Omaha National
building:
Bid.
Cudahr Pa-kini Co. 81, 1K4 t
Corn Exchange Nat. Dank. Omaha
City of New York 8,, 1864 17
Fairmont Creamery g. I par cant Vi
Fairmont Creamery pfd 10
Fairmont Creamery, com 120
Great Wevtem Hugar Co., 7 p. e. pfd. 100-.
German Fire lnaurance, Omaha loo
Howell. Neb., achn, 4a a
Kimaa City Terminal 4a 47 14
I. yon Co., la., 8 per rent arrante. . . . 4HV,
Nance Co., Neb., warranta 4 par oent Itv,
Omaha Country Club ft, I21 ft
Omaha Oaa 5, ill 17 , 17
Omaha Water 8a, 1 in tt
llnuni Bt. Ky. bm. 1114 89
Omaha ft ('. B. BU Ky. 6s. 1121 ; .
Omaha ft C. R. 8. K pfd. I per cent 8.1
Omaha A c. H at. Ky. com to
Union Stock Yardt rto.li tt'i
gtralton. Neb., Water la
Swift aV. Co 101
Sheridan Coal sera 16
Bank
Asked.
MV4
1'
11
100
120
135
1".1
102t
100
II
1011
1"0
too
'
',
;oi
IU,
S3',
70
o'i
102 '4
lei '4
10
Philadelphia Prod ace Market.
PHILADELPHIA, Feb. 13. BUTTER
Quiet, firm; extra western creamery, 30c;
nearby prints, 31c.
EGGS lJull and weak, lc lower; Penn
sylvania and other nearby f irate, f, c, 20o
at mark; current recelpta, f c, ISc at
mark; western firsts, f. c. 20c at mark;
current receipt, f. c, ISc at mark.
CHEESE Quiet but ateady; New York
full creams, fancy September, 14c; fair to
good, 134jl3Vic.
Oils and llosia.
SAVANNAH. Ga,, Keb. 13 TL'RPEN
TINE Firm at t(7Vjc; unlet. 195; receipt.
I'M; Hlilpmenta, 251 1 Blocks, 3.22.
ROSIN Firm; kales, 655; receipt, 1.4X1;
shipments. 5o0; stocks. bM.677. Quotation.
B. $7.(6; I, $7.10; E, $7.16; F, $7. 167.20; G,
$7.17f.; Jl, $(.; I. tl.31: K, $7.t7V; M,
$7.92Vi N, $7.97',; WO, $3.0.'; WW, $.07',,.
Omaha Hay Market.
OMAHA. Feb. 13-HAY-No. 1. $1000; No
2. $.on; packing. $00; alfalfa, $12.00. straw:
Wheat, 60; rye. $.60. oats, L'.UU.
Hank I'learlnaa.
OMAHA. Feb. 13 Bank clearing for to
day were 12. 406.167 63 and for the correspond
ing date lakt year $2,177,6-19 25.
Metal Market.
LONDON, Feb. 13 Tin made another
spurt In today market, th price Jumping
up tlO to ll.VI.
Klala Hotter Market.
ELGIN. 111., Feb. 13 BITTER- Finn,
ttitjc. Output, 4G3.3O0 pounda.
Mlaalnar Student Seen at aplea.
HOME, Feb. 13.-A railway engineer liv
ing In the suburb of Kllla Maraflore. the
aeat of the American academy, upon re
turning to Roma today waa ahown a picture
of Henry Iaw.rence Wolfe, whereupon ha
aald that he as almost certain that he had
teen the missing art atudent at th legation
in Naples.. Police have no clue to th where
about of the American.
Wa Buy aad Bell
i Stocks, and Bonds
Robt. C. Wueiedow & Co.,
M-MO Mew Omaha Mat. Bank Blag.
obmi, asbreaaa.
- fmfmmvmmrm.. man in i i
if
