Omaha Daily Bee Newspaper, February 24, 1903, Page 8

THE OMAHA DAILY BEE: TUESDAY, FEBRUARY 24, 1903. — OMAHA LIVE STOCK MARKET Beaf Bteers and Oows Bold at 8teady Prioss with Oloce of Lart Week. HOGS SLOW AND FIVE TO TEN LOWER eep and Lambs Continued in Good d Trading Ruled Active Fully Steady ¢ Friday. SOUTH OMAHA, Feb. 23. Cattle. Hogs. Sheep. S48 440 . 8340 B1 Recelpts were Ofticial Monday Bame day last weel me week before me three weeks Bame four weeks sl Bame day lust yea 278 RECEIPTS FOR THE YEAR TO DATE. The following table shows the receipts of cattie, hogs and sheep at bouth Umana for the year to date, wiith COmpArisons with w6 1wz, Inc. De 136,688 121110 14,080 . B0,z 4,083 s RN S TR X 4 Average price paid for noge at South ha for the last several duys With coin- | 1908, [1902. |1901.|1900. [1899. [1898. |1597. ELE - prEEne 'y EB_pUBEER ¥ EE8 R € e PSR 33 134 3 Ezseys g BITEs pefhese & o 22 ey TR EES 3, 28 ntnew x3 EX P _Beu¥a3 EREISS SISEER FREBEE TEEY consan e [ | ge® FRIVANRABI22BERABIIEIZ s Sasnnn FES et S tmn vu..m =% "BEELE2 "8 RIEHII 2oy ‘exsres ... | 8555938 °F oy BBEEss "Ny porves rIeTs oidics | g52g "EEEES e * Indicates Sunda; The officlal number of cars of stock brought in today by each road wa: Roads. ‘attle Hoj C., M. 8t. P. Ry... 14 UnlonNPIcmc system. 16 BHE omenSal Total receipts......197 The disposition of the day's receipts was as follows, each buyer purchasing the num- ber of head indicated: Buyers. Cattle. Hogs. Sh'p. Omaha Packing Co........ 54 632 Bwitt and Company........ 1108 850 Armour & Co......... L1 2,80 Cudahy Packing Co... ... 86 Armour, from Bioux City.. Vansant & Ct Garey & Bento W. 1. Btephen... Hill & Huntzirger. L. F. Huss. ¥ Wolf & Murnan...... B. F. Hobbick...... Dennis . Werthetmer . Hamliton ... L. Rothschiid Other buyers CATTLE—There wi tle here this mornin seemed to be suficient to hold prices just about steady. The quality of the bulk of the cattle was only ialr, so that the sales on _rrw do not look particularly high. ere was not the snap to the beef steer trade today that characterized the market toward the close of lakt week, Buyers did not start out very early and did not take mm with any great amount of life, so that day was well advanced before a clear- ance was made. The bulk of the cattle, though, sold at just about lle‘% prices com) with ‘last Frida; of offerings was not all re were no finished cattle on sal ‘he cow market was also just about steady with last week. ‘There was a little more to the cow trade than was noticed in steer market, but stlll cows were :’;: it would be called active. The bulk ihe offerings, though, changed hands in Teasonably season, and there was not h change in the prices pald from those In force at the close of last week to ‘be worthy of mention. ‘The bull market was just about as slow as it has been for some little time past, and prices were no more than steady. Veal ves met with ready sale and were un- changed In price. There were only a few stockers and feed- ers offered, and as speculators cleaned up their last week's supply in good shape the market today was talrly active with good stuff in demand at fully steady prices. Good cattle were 5o scarce, though, that buyers had to take the commoner kinds or go ‘without, so that all kinds sold without much_trouble at 'u"‘l. good prices were paid last week. Representative sales BEEF STEERS. Pr. 261 5,201 run of cat- > 3 8 222222 ERRESEEEERERERREESESE: 8223282382383 82232% et 5! eSS T [ N 1] l*!EHIAND HEIFERS, 11200 4 35 STEERS-TEXAS. Moronnnnn 1981, 408 ‘Ifl‘fln‘ AND STAGS. STEERS AND COWS. g Q ] d Tm PEEEEEEEEssR382388 822532 SSARRBESSSTTETSISTLTSSETREUBES 120 1080 ‘120 B Al W gEEEEREEARRRES s3szEsi e peroneto s sone s 5005 0 0500 050 SO 000 0 N1 0 85 00008 005 5 0540 15 00 PR 1500 16 00 04 20 S 0 09 0500 00 00 00000 FgEzeziess Bowwleal fasaiz 'iai g ND HEIFE! urfll SEEPRIRNIIIIRERSERTETETETTEESSSSEEISER B Foe 2 311 tE ZZEEEE 3 1 . 1 ‘ e prprl ¥ PrEETre 88 28ss2ss 8TC cars there was usual for the close they ough to finish. bids. sold from sold from Av. .. 154 La: No. 43. 2 22382, | supplies a ngs | that we the mark from the to i ng! .40 cholce @5.25; chol $4.00604.66,; sentative No. 3 47 13 westcry wester wester; L ENCED 31154 P70 Foz bucks Sel. &l wester, wester) 2.8 att tomorrow, SHEEP o sheep, $4. Cattle . Hogs Sheep ... ort and tive helfe lower; light, 5.80616.65. SHEEP $.00G6.65 . 8T. celpt; an $.7605.5; cows and 32504 50, b SaBEp head: yearlings, steady to HOGS—Recelipts here today, were market was Representative sales: 206 Quotations: ewes, $3.75@4.26 feeder yearlin, western Highe sheep steady; ®ood to choice wethers, choice mixed, $4.00G5. aged steady: quarantine stuff activ. and fecders stzady to nigher; choice ex- alr to good, $3.60@A. 4 ers, $2.25@4.75; western fed steers $2.9063, Texas and Indlan stecrs, $2.0044.00; Texas caws, $2.00G3.05; native cows, $1.5004.0 bulls, $2.5003. HOGE—Recelpts, 5,500 top, $7.15 heavy, $7.006G1.1 $6.906.95 ewes, $3.15@6.20; western wethers, $3.40G6.50; feeders, $2.5043.65. St. Joseph JOSEPH, 1589 head: stead Lelfers s! 6.50; bulls and st and calves, §2.75¢M HOGS—Recelpts, 5, lower; light and light mixed, $6.85@7.07%: fum and heavy. $6.95@7.15; bultcu% Ly ST. LOU 3,000 head " " I w1 CALVES 0 4w 1 17 5w i 157 680 2 "STAGS. 1810 4 00 K COWS AND HEIFERS. ™ an e 98 2 50 STOCK CALVES, L e am ¢ 0 3 50 ICKERS A 510 1 60 w0 30 570 300 Lo Biliaaniil of hogs #0 that, although t consigned direct larger number on a Monday. of last week. t to get more monay #0 trading wae extremely siow from start Packers were looking run for tomorrow and would not raise thelr Medium weight around $.9 while 3695 to §7 3655 down and the extremely slo 8h. Pr. No. 48 ..229 o7......288 6.4y o i F £ 223 22228 LERP2BILLLRRREE 6 521y SHERP—There was only an average run of sheep and lambes here this morning and the market opened brisk and fully ste Packers seemed to be just as anxlous tor t week, so_that everything sold as fast as unloaded, o they were ‘I high as $.65 Cholce lambs anywhere near finished, so that the sales on paper do not look very high. Consldering quality, though, the market on iambs was fully steady. I‘eeders were again in light supply and no_quotable change et showed close of last week. choice heavy ice ewes, ¥4.6004.76; {a Sodder Iarib, feeder ewes, salel western western n & wethers....... wethers. yearling n n cull ewes. ... western cwet western ewe. western wethers. cull ewes... western ewes western cwes western ew: n n CHICAGO LIVE $™0CK MARKE' 10c_highel feeders, i heifers, §2.0004, $2.26@14.40; calves, 43,000 head; 26,0005 - $6.8627.20, AND LAMBS—Recel 5@5.75; native lambs western lambs, $4.75@7.25. Official Saturday: Recelpts. 386 Knnsas City Live Stock Market. KANSAS CITY, Feb. 2.C, fat cow: heifel dressed beef steers, stockers TS, $2.90004.06; calves, bulk of sale mixed packers yorkers, AND western lambs X native wethers, Feb. dy to 10c Texas and western: helfers, oM .00 head; $5.75016.50. AND $6.25; Colorado ewes, fair Kansas wel is Live Stock M with strictly faney i ND FEEDERS. were to packers, The market opened very slow and generally 6@ltc lower than sellers thought hogs _sold prime heavyweights | The last halt of the | and Av. Choice lambs, $650@6.75; fair 0od_lambs $.50@6.2%5; choice Colorado ’%um%o; choice lightweight year- .65; 1air to good yearlings, $5.00G5. wethers, $5.2@5.50; fair t " 4.75; feeder wet BG47; Loeder wether Hogs Tumble, Sheep | and Lambs Barely Steady. CHICAGO, Feb. 28.—CATTLI] | aGHICAGH TTLE—Recelpts, | prime stee! 33.25@4.50; stockers and $hlog ;. Duil 4062.60; bul Kexsa fea atoars, ¥ oGotn HOGS—Receipts, strong RIDGE.30: poor 10 medium, left over, 1%,000; 5@10c lower, closed on another b décline; mixed and’ butchers, cholce heavy, $7.26@7.45; rough heavy, $6.90 3¢ Mght, 36.50G6.90; ‘bulk of sales, 3695 lambs steady steady; $6.90@7 LAMBS—Recelpts, head: market sirong, actl 338647 stockers and ive Stosk Market. 2.—CATTLE—R: to strong; Righer, ‘atives 008,45 \'rnll“gfm stockers an LAMBS—Recelpts, strong to 10¢ higher: to €80 50 0 3 8 H gyzzssseainizay 32 95 35 Itberal wenty-two sale than than that, for a blg largely | 1 ht stuft weak. SEEEREn FEFd sEgseER PRRERBEEREETREL ELR s B A B R PARRBRE B AR AREH T DS DTy SE5223332358% y. Year- and ewes were very | yearling: 50, good, $.76 I to ' good 34.7605.50; Repre: Av. “ 27 00 6 0 51 81 65 15 1 5101 01 1 DN e e 03 890020 9 REIPTSSLLSHSLLBRSLELRHSBIRNS2BSITLRES " v, good to 2.3504.60; canncrs, $3.26@8.0 estimated ned ; good to ipts, 22,000 to_10e Shipments. o cows aver- rs steady; stockers $4.50015.. and feed- ; na- teady, 3o $6.9077.10; 5G7.15; $3.50015.60; co 50 i yearlings J Tecders, mos‘ly e 1,884 Colorado .10; lambs thers, $6.65. market steady td_strong: native mutions $4.40006.00; lambs, $.40677.0; culls and bucks, BR.0gei0; stockers, 5500300, Texans, $.55 @45, e Stock Market. Feb. 28.—(Special Tele- Recelpts, 2,500 head; strong and killers steady | ®; cows, bulls and 0; stockers and feeders, $2.75 | arlings, § 000 head Stoux Clty SIOUX CITY, Ia TLE mixed, $1.5064 5; calves and v Recelipt of live citles The following were the receipts stock at the six principal western vesterday Cattle. 4617 25,000 Hogs 8,658 43.000 5,500 L0 B472 3,000 70,630 Sheep 514 22,000 | 2,00 ¥ 1,84 | Omaha waoy Chicago ...... Kansas City 6,600 St. Louls 3000 8t. Joseph ooss 158 sloux Cit . 2,60, Mg | Totals 31,708 OMAHA WHOLE 43,606 ALE MARKET. | Condition of Trdde und Quotations on | Staple and Fancy Produce, EGGS—Market weak; fresh 8tock, 1tc. LIVE POULTRY-—Hens, 10@10%c; old roosters, 4goc; turkeys, 13@loc; ducks, S@ ve; geese, iG8c; chickens, per Ib., 10@10%c. DHESSED POULTRY-Chickens, 1112 hens, 11@12c; turkeye, l5@lsc; ducks, 1@l gee BU stock, 13c dairy, in tubs, 1oglic; separator, @25 OYSTERS—Standards, per can, c; extra | Selects, per can, doc; New York Counts 4, dzc; bulk, extra Seiects, per gal., bulk, Standard, per gal., 3145 FROZEN FRESH FISH—Trout, 8@loc; herring, 5¢; plckerel, 8c; pike, $c; perch, ¢ buffalo, dressed, 7c; sunfish, fc; bluefing, ¢ whitefish, c; salmon, 16c; haddock, 'llc codfish, ;' redsnapper, 10c; lobsters, | botled, per 1b , 33c; lobsters, green, per Ib.. sic; billiheads, 10c catfish, 14c; black bass, | ¢ halibut, lic BRAN—Fer ton, §15 HAY—Prices quote Dealers’ assoctation ei; No 1 medium, $6; Rye straw, §6. Thes: goud color’ and quality. ceipts light. CORN—dic. OATS—ge0, RYE—No. 2, 45¢ VE choled . Wholesale 1 upland, No. 1 coarse, $.50 prices are tor hay of Demand fair; re- Cholce ABLES. NEW CELERY—Kalamazoo, per doz., $¢; California, per doz., 46@isc. POTATOES—Per 'bu., 40@4sc. SWEET POTATOES—Iows and Kansas, NEW PARSLEY—Per doz. bunches, d0c. NEW CARROTS--Per doz. bunches, 40c. LETTUCE—Per doz. bunches, 45c. EETS—<New southern, per doz. bunches, B0c; ol er bu., 40c. BERS—Hothouse, per doz., $L.76. 'S—-Per bu., 40c CARPOTS—Per bu., dc. GREEN ONIONS-—Southern, bunches, 40c. RADISHES--Southern, per doz. bunches, we, TURNIPS—Per bu., 40c; Canada rutaba- | gas, per Ib., lxc; néw southern, per doz. vunches, fc. ONIONS -Red Wisconsin, per 1b., 1%c; white, per Ib., 2ic; Spanish, per crate, §1.7. 5 SPINACH-Southern, "per doz. buiiches . WAX BEANS—Per bu. 8 beans, par bu. box, $L.50. CABBAGE-—Holland seed, per Ib., 1jc. NAVY BEANS—Per bu. 52.05. TOM.\TOES—New Florida, per 6-basket crate, $4.5a5.00. CAULIFLOWER~—Czlifornia, per crate, 0. FRUITS. PEARS—Fall varfeties, per box, § APPLES—Western, per bbl., $ thans, $; New York scock, $3.2; Belifiowers, per bu. box, $1.50. GRAPESMalagas, per keg, $6.00G7 CRANBERRIES — Wisconsin, per $10.0; Bell and Bugles, §11; ve:’ box, 8. STRAWBERRIES—Floriaa, per at., dc. TROPICAL FRUITS. LEMONS—California fancy, $50; cholce, ORANGES—California navels, fancy, $3.00 @3.16; cholce, $2.75; Mediterrancan sweets, e sweet Jaffa, $2.50. DATES—Perslan, in 70-1b. boxes 60c; r case of 30-lb. pkgs., $2.25. FIG8—California, per 1 cartons, %0¢; Turkish. per 35-1b. box, 14@18c. MISCELLANEOUS. HONEY~Utah, per 2i-frame case, $3.25 Colorado, $2.50. CIDER—New York, $; per %-bbl., $2.50. SAUER) UT—Wisconsin, " per ' 3g-bbu., $2; per bbl, $3.75. OLD METALS, ETC.—A. B. Alpirn quotes the following prices: Iron, country mixed, ver tons, $11; iron, stove plate, per ton, $§; copper, per Ib., 8%c; brass, heavy, per Ib., $%c; bras: nfim. Ber Ib., 5%c; lead, per Ib., 8c; zinc, per Ib., 2lgc. MAPLE S8UGAR—Ohlo, per Ib., 10c. FPOPCORN~—Per 1b., 2c; shelled, 4c. HIDES—No. 1 green, sic: N, 2 green, bc No. 1 salted, 7¢; No. 2 &:; No. 1 alted, veal calf, 8'to 12 Ibs., 8%c; No. 2 veal Bmgfi’; sheep per doz. box, string per 1b.,, calf, 12 to'15 1bs., 6¢; dry hides, pelts, 2@isc; horse hides, $1.50G2.50. NUTS—Wainuts, No. 1 soft shell, per 1b., 15¢; hard shell, per Ib., l4c; No. 2 soft shel per Ib., 13c; No. 2 hard shell, per Ib., 12c Brazily, per Ib, 12c; filberts, per Ib. 12ci almonds, soft shell, per Ib., léc; hard ‘shell ver Ib., '15¢; pecans, large, per Ib., 12%c! | small, per Ib., 1ic; cocoanuts, per doz.. Gic; :hesthuts, per Ib., loc; peanuts, per | Si4c; roasted peanuts, per lb., 7c; black walnuts, per bu., $1; hickory nits, per bu., A5; cocoanuts, per 10V, $. Liverpool’ G LIVERPOOL, Feb. 2.—WHEAT—Spot: No. 2 red western, winfer, steady, 6s 1%4d; Noj i northern, spring, qulet, s a; No. i | California, qulet, 6s 11d. Futires: Steady; March, 6s 340, May, 6s 2%d; July, 6s 15d. The imports of wheat into Liverpool last oek ‘were 2250 quarters from Atlantc ports, none from Pacific and 68,000 from | other’ ports. CORN—Spot: American mixed, teady, 18 6yd. ren, Futures: Steady; Mcrch, 48 6d. 'The imports of corn from Atlantic ports last week were 46,600 quarters. PROVISIONS—Beef, easy: extra Indla mess, 978 6. Pork, easy; prime mess west- ern, ‘Tos. Hams, short cut, 14 to 16 Ibs, casy, 0s6d. Bacon, Cumberland cut, % t 30 1b strong, 49s; short ribs, 16 to 24 lbs., firm, 508: long clear middles, light, 28 to Ibs., steady, 475 6d; long clear 'middies, neavy, 1 040 Ibs., steady, 47s; short clear backs, 16 to 20 Ibs.,"strong, '19s 6d; clear bel- lles, 14 to 16 Ibs., strong, 5s. Lard, firm; | prime_western, in tlerces, 4s6d; American | refined. in paiis, 49s. BUTTER—F'nest United States, nominal £00d United States, steady, Sus. | CHEESE—Steady; American finest white | and colured, 62s 6d. TALLOW-Prime city, steady, 28s; Aus- | traifan, In London, easy, i3s 6d. Cotton Marker, NEW ORLEANS, Feb. 23.—COTTON— Firm; sales, 2100 bales: ordinary, 83-16c; good 'ordinary,’ 8 11-16c; fow middling, 9iac: middling, 911-16c; good middling, 10%c’ middling’ fair, 10 13-16¢; receipts, 11,96) bales; stock, 317.461 bales. Futures, stead ruary, 9.6Sc bid; March, 9. 9.7L@9TTc; May, '9.80@9.81¢ July, 9.89G9.90c; August, 9. ber, 8.82G8 %4c; Oclober, 8. ket' tomorrow—Mardi Gras holida LIVERPOOL, Feb. 23.—COTTON--In fair | demand; pric s higher: American middling fair, good middling, 5.560; middling, 5.350; low middiing, 5.26d; good ordinary, 5.31d. Recelpts, 14.000 bales, in- cluding, 7700 American. ' Futures opened | steady and closed quiet: American middling, good ordinary classes. February, 5.22d: February and March. 5.21@5.2d; March and | April, 5.21@5.20; April and May, 5.234; May and June, 5.24@5.264; June and 'July,'5.25d July ‘and’ August, 0.24d; August and Bey tember, 5.13d; Se| fember and October, 4.84d; October and November, 4.61G4.62d; Novem- ber and December, 4.6d ondon Stock Market. LONDON, Feb. 2.—Closing quotations: Consols, money do account Anaconda Atchison do pfd. < Baltimore & Ohio Canadian Pacific Chesapeake & Ohlo. . Chicago 6. W.. c., M. &8t P Ryt % Ontario & Western 1023 Pennsylvania 1004 Rand ~ Mine 14044 Reading ... . ol do st pid 2%l do 34 pra.. 1813 |8outhern Ry 3%/ do pra. : 41% | Southern Pacific 191" |Unton Pacific % do pid 8. Stesl o pid Wabash . do" prd BAR SILVER-—Steady at 2%d per ounce. MONEY—3%@4 per cent. The rate of di ‘eount in the open market for short bills is 31,@8% per cent and for three-months bills is 34 per cent. arket. Feb. 23 —CATTLE—Recelpts, including 1,800 Texans; market aud {ighative ehipping and export steers, quoted up to $5.75: dressed beef and butcher steers, BUGLE: steers under 140 Ibe., 8.5004.35; stocl e $2.80G.4 0 $2.1063.10. H FEga and feeders. l«g'axm o : bul and cal e Receipts 5,000 head: cows an. market Sc lght ] et i o Packers AND LAMBS—| ts, 800 head; NEW ORLEANS, 2. —8UGAR— Steady: oper kettle, MG3c: open ketile, centrifugal, 31,@3%c: centrifugal white @ic; yellow, 34G3d 15-16c; seconds, 20,6 OLASSES-_Open kettle, nominal, 1 centrifugal. 6018 syrup. fominal. g2 Vorelgn aetal, LONDON, Feb. 2. Money was much | cent rentes, ¥t | were no ‘offerings of butter on the Board { of such meetings was held | benefited by public improvements are to be | strietly | the statite to such wanted and scarce in the market today and a busy week was unticipited. Discounts were maintained. Operators on the Stoc exchange were cheerful, bt business was inactive. ‘Traders were mainly occupled with the mining carry-over, pressed above the Liquidation and by political lowest quotations of the day in Australasians = progressed home rafls were firm, with fair busi- Americans were quiet and weak, the adverse bank statement and th: holiday iIn New York inducing sales. Atchison, T peka & Santa Fe, krie, Union Paciié and Wabash ciosed qulet Grand ‘I'runk was the most active =ection Foreigners wei frregu.ar. Rio tintos harden<d on the firm- ness of opper which reached 68l and | ed~at 5ol The amount of bullion taken | Into the Bank of England on balances to- duy was £111.00 PAR Feb. 2. —Business opened heavy on the bourse today and there were numer- Jus offers In the various departments. The | news in regard to Macedonia and the with- drawal of the scheme for the unification of the Turkish debt caused a sharp set- back in Turks., In the second part of the session the feeling firmed up. The rate of discount was 213-16 per ent. Three per < for the aceount. reports, but closed Dutter Market. H ELGIN, 1lL. Feb. 2.—BUTTER—There of Trade today and no swles. The quuts tlon committce declared the market at Zic, lc higher than last week. The output of | the week was 509,000 Ibs, ’ SUPREME COURT SYLLABI i ok 19 | 10118, Castle Rock Irr.gation Canal and Water Power Company against Jurisch Appeal from Scotts Bluff. Reversed, with nsiructions. Sedgwick, J. 1. Injunction is the proper remedy for | preventing one without autnority &o to do from crpssing the canal oi an Irrigation company with a lateral for the purpose of | carrying water to his land from another cana 2. An applicant for the appropriation of | the waters of the state for irrigation pur- poses cannot prosecute the work and con- | demn a right-of-way for that purpose until | ie has & permi. from the State Board of | irrigation to divert the water of the state (:.) specific lands described in his applica- tion. | 10460, Poppleton against Moores. Appeai from Douglas. Former judgment adhered to. Judgment district court affirmed. Hast- ings, . Division No. 1 1. Wholly unauthofized action under color of office by municipal authorities, which injuriously affects the interest of a tax- paver and watcr user of the city, and for which he has no direct remedy at law, warrants an_mjunction to protect him. 2. The ordinance conferring upon the Omsaha Waterworks company the tranchise of the public strects for maintenance of its plant, provided that after twenty years the city might purchase the entire plant on an | appraisement by engineers without regard to any value in the franchise. Held, that an amending ordinance whose sole ‘effect was to put off the time when the city might exercise such right to September i, 1908, was an extension of the franchise and forbidden by s.ction 19 of the clty charter. 3. The time when, under the terms of the existng ordinance, the city’s right to pur- chase accrues, not declded, as 1t must, in any event, be long before September, 1908, 4. The injunction heretofore allowed in this case held {1 have reference only to direct attempts to postpone the accruing | of the city's right to purchase. - 11589, Hoover against Haynes, Error against Lancaster. Rehearing ~denfed. Barnes, C. Division No. 1. In an action for damages {n which in- jury to the feelings i alleged as an ele- ment of damages, direct proof of damage is not indispensable, the existence and amount of such damage is to be determined from the circumstances of the case dis- closed by the evidence. 2. In such a case the jury cannot act capriclously and allow damages for imaginary Injuries not warranted by the evidence. An instruction which fails to | properly warn the jury In that regard and | will admit of the construction that the jury is not to be governed by the evidence in estimating such damage, is erroneous. 11908, Parker against Nothomb. —Error from Seward. Former judgment of rever- sal adhered to. Holcomb, J. 1. In construing a statute the strict letter of the law ought not to be folicwed when such an interpretation would lead to an unreasonable or absurd conclusion; the court will sndeavor to ascertain the true intention of the leglslature and glve it ef- fect, rather than the literal sense of the terms employed. 2. At common law a bastard child was one “born nefther in lawtul wedlock ner within a competent time aft>r its tarmina- tion, or.under circumstances which render it impossible that the husband of its mother could be its father. 3. Under, the statute entitled “Illegitimate Children,” prior to its amendment in 187, an action in bastardy could be maintained by any woman giving 'birth to an {llegiti- mate child, even (hmé‘h begotten and born during the'existence of the married state. 4. By the amendment of the statute in 1875, which was entitied “An act for the mafntenance and suppore of ‘lllegitimate children,” an action can be maintained only by a woman who while unmarried has become pregnant with child, which it born alive would be a bastard, or has been de- livered of an fllegitimate child. 5. The word “unmarried” as used in the statute as amended in 1875 (sec. 1, chap. xxxvil, Complled Statutes for 1901, entitled “Illegitimate Children"), properly ~refers to the status of the mother at the time her child is begotten and born, and does not re- | late to her sitvation at the time of making the complaint therein referred to. 12120, Curtis against South Cmaha. A| eal from Douglas. Afirmed. Albert, Division No. 3. 1. Notice of the meeting of a city council, as a board of equalization recites that it would thus meet in Pivonka block in the city, on three certain days from 9 a. m. to 5 p, 'm.; the record shows a meeting on the first of such days, and no further meeting until 7 p. m. of the third day, and that one t the office of the city clerk, the other at the council chambers. Held, that there was no valid equalization and that assessments levied in pursuance thereof are void. 12'53. Morse against Omah Appeal | from Douglas. Atfirmed. Kirkpatrick, C. Division No. 1. 1. Under the provisions of section 110, chapter xila, Compiled Statutes for 1897, a petition signed by the owners of a ma- Jority of the foot frontage is requisite to a valid levy of 4 speclal assessment againet property specially benefited to pay for re- paving, and the collection or enforcement of such special rssessment will be enjoined Where it does not appear that a petition so signed was first obtained. 2. Petition for repaving in case at bar examined and held not signed by owrers of a majority of the foot frontage. 3. Statutory provisions authorizing as- sessments of speclal taxes against property construed, and it must affirma- tively appear that the taxing nuthorities have taken all steps whicl the law makes jurisdictional; the failure of the record to show such proceedings will not be aided by presumptions 4. One who has not heen gullty o laches wiil not be estopped to object to the pay- ment of a speclal assessment which is void | for waunt of jurisdiction in the taxing au- thorities to make the assessment. | 5. A petition asking for the repavement of & street does not come within the pro- visions of section 4, chapter xxxvi, Statutes Yor 1901, as being an incumbrance or con- veyante of 1and, and where the owner in fee signs such petition, the land will be bound thereby without the signature his wife. McLain v. Maricole, 8 N Rep,, 8, followed 6 The president or secretary of a cor- poration, either eingly or jointly, cainot | bind the' corporate property by signing the corporate name to a petition asking for a street fmprovement without being specially authoriz i. A statute authorizing the city council to remave streets under certaln conditions provided that the abutting property own- ( ers should have thirty days from the. date of approval and publication of an_ordi- | nance declaring such improvement neces- | sary within which to deslgnate the paving material. No uother reference was made in | ordinance declaring the | fhe property | days from the | dinance within | | of | el improvement neceseary. owners were given thirty publication of « certain o which (o designate the paving material | Held, that the fallure of the council to | pass and publish au ordinance declaring | the improvement necessary would not in- validate the assessment. 8. The appellate court will not pronounce a statute unconstitutional and vold where a determination of the case does not re- quire that the constitutionality of the stat- ute be determined. 8. Notice of the sitting of the board of equalization examined and held o comply wlth the requirements of the statute 10. The only toundation for special as- sessments rests in the special benefits con- ferred upon the property assessed, and therefore the frontage rule per foot cannot be adopted unless the benefits are equal and uniform 11. Under the provisions of section 161, chapter xila, Compiled Statutes for 187, | the council before assessing property for special benefits. according 1o the rule |»er‘ foot frontage, must find that the benefits ‘accrulng thereto are equal and uniform. However, where the council falls so to find | a taxpayer with notice, dissatisfied with the | rule per foot frontage adopted, should cause such acdon to be reviewed, and on fallure 80 1o do he will not, in a proceeding to enjoin the collection of such tax, be heard to say that the tax is vold. 12. Where it affirmatively adpears of rec- ord that the council in levying the spectal assessment took Into consideration the question of the extent of the berefits and preliminary to the levy formally and spe- cifically found that each parcel of land is specially benefiied to an amount equal to the tax assessed agaimst it, it Is immaterial that each par~el ha> been aesessed an equal Consols were |amount per front foot, as & nding that the | companies, held | arising’ thereon will draw interest at benefits are equal and uniform need not be in the exact language of the statute. 12167, Lynch against Bgan Grant. Affirmed. Albert, ( No. 3. 1. Evidence examined and to_sustain the fiadings of the trial court 2 In a suit in equity, where the court makes special findings and omits there. from some fact iclusively established by the evidenc ntial to the decree, su fact on appeal to this court will be trea as though found by the court 3. Where the true boundary line between adjoining owners is uncertain and unknown to them and may be ascertained onl: t more or less trouble and expense, an e ecuted lFrrr-mN't to accept and ablde by a certain line as such boundary is binding upon_ the parties, and subsequent purchas- ers having notice thereof, although the Boundary agreed upon may ‘not be the true e, 4. The destruction of a fence by passer and his threat to repeat such act as often as the fence should be replaced, en titles the owner of the premises invaded to an injunction against the trespasaer, though the latter may not be solvent. 12208 Barber against Martin. Err: Douglas. Affirmed. Kirkpatrick, slon No. 1 1. In an action by a stockholder against the manager of an insurance company. charging the manager as agent with fraud- ulently concealing from vlaintiff the actual congideration received for laintiff's stock ®old by him as agent, evidence of repre- sentations made to other stockholders, similarly situated, is admissible when such representations are so related in character and point of time as to furnish a basis for a reasonable Interierence as to the main ue. 2. The rule that parol testimony cannot be admitted to vary or contradict the terms of a written contract applies only to the parties and thelr privies. Accord- ingly, In an action by principal against an fgent for recovery of the true considera- tion received by the agent for the sale of stock owned by the principal under a con- tract In the agent's name, the principal is not estopped by the stated consideration in the contract béetween the agent and a third part. 3. Where the evidence shows conclusively that all the negotiations for the purchase of the capital stock of an insurance com- pany contemplated all the stock, it error to exclude on cross-examination the statement of a witness, who was .the ven- dee, as to what he would have given per share for less than all the stock. 4. The officers and directors of a corpora- tion and the shareholders thereof sustain to_each other the relation of trustees and cestul que trustent, and public policy for- bide those who have accepted such posi- tions of trust to take secret profits antago- nistic to their duties as trustees. 6. The general manager of a_corporation in effectuating a sale of the entire capital stock of his company acts as the agent of all the stockholders, and he cannot recefve and retain a secret compensation from the vendee for effectuating the contract of Division a tres- from Divi- | sale, 6. Where a_manager of an fneurance com- pany offered to make a sale of a share- holder's stock, and the shareholder ex- pressly authorized a sale for a stated sum within. a limited perfod, and there is evi- dence that both parties regarded the con- tract of agency to_sell the stock as a con- tinuing one, the limitation of time being only upon the power to sell at the sum stated, it was not error to admit In evi- dence the letter of the manager offering to make the eale, and the reply of the share- holder authorizing a sale within a limited period at a stated sum, as tending to show the existence of a contract of agency at a later period. % In an action by a shareholder as prin- clpal agafnst the general manager and secretary of the corporation as agent for the sale of the shareholder’s stock, to re- cover the difference between the actual consideration recelved therefor and the amount accounted for. It appeared that the fieneral manager led the sharehoider to be- feve that he would not pyrchase her stock under any circumstances; that an option to purchase the shares for a_sum much larger than the manager stated he would take for his own was given to the manager by a son of plaintiff, which was fully explained to have been given for the express purpose of enabling the manager to effect a_sale to third partics. A few days later the man- ager sent a telegram to plaintiff, stating, “Have offer $%00 cash.” He had hever re. cefved such offer, but as a result of nego- tions then pending he later received a much higher offer. Held, that the manager was the plaintiff's agent for the sale of the stock. 8. Rulings of the trial court on the ad- mission and exclusion of evidence examined and held not erroneous. 9. Rulings of the trial court in the and refusal of instructions examine held not error. 1242, City of Lincoln against Lincoln Street Kallway Company. Error from Lancaster County. Affirmed. ~Barnes, C., division No. 2. 1. One party to a stipulation or an agree- ment cannot be released from a part of it on the grounds of a mistake and still leave the other party bound thereby; his remedy s not by motion to withdraw from a part of the stipulation, but by a pro- ceeding to reform the agreement or to set it_aside altogether. 2. Where a party walts until near the close of a second trial before asking to withdraw from a stipulation of facts used by both parties on both trials, the court may, in its discretion, refuse sich request. 3. 'A street rallway company authorized to construct, equip and operate lines of electric street rallway may purchase lines already constructed and fit and suitable for the extension and completion of ite system, as well us construct the same; and & re. cital contained in a mortgage executed by such company that it has power to DOrrow any sum or sums of money which may be necessary for the purchase, con- struction and equipment of its electric street_rallway will not render the mort- gage vold,upon its face. 4. The charters of all street railway companies in this state are created by general law; cities have no power to grant such charters or impose any limitations thereon, and the act of 1889, authorizing street rallway companies to borrow money for certain purposes and secure the pay- ment of the same by mortgaging their property and franchises, applies to all street rallway companies in this state, whether chartered before or after the puseage of that act. 5. Where it s claimed that a mortgage executed by a street rallway company is for an amount in excess of that permitted by law and its charter, such alleged fact must_be proven, 5o that an examination of the record will disclose it. Otnerwise it will be presumed that the morigage was not for an excessive amount. 6. Where a street rallway company mort- gaged its property and franchises to secure the sum of $60,000 for the purpose of pur- chasing, constructing and _equipping it lines of electric street rallway, afd it is shown that it expended for that purpose about $500,00, it cannot be sald that the mortgage was given to create a fictitious indebtedness 7. A series of bonds eecured by a mort- gage, or trust deed, on the property of a street railway company are negotiable and as between bona fide purchasers thereof for value are equal In priority, the lien of each bond dating from the ' recording of the mortgage that secured it and not from the time It was issued 8. Such & mortgage is a first llen upon the property of the street rallway de- scribed thereln as against all special as- sessments for paving taxes, except such were assessed for paviug aiready don or as were In_contemplation at the time it was recorded. 9. Sectlon 77 of Chapter xl of the laws of 1887, which creates a lien for paving taxes agalnst the lines of street raflway companies does not make such special taxes a lien on thelr personal property. 10. Under the statutes the taxes levied as spectal, assessments in clties of the first cluss draw Interest at the rate of 12 per per annum from the time of delin- quency, and a decree enforcing a tax len the same rate. A computation of the amount due on speclal assessments upon that basls will be sustained. Lincoln Street Rallwa Co. against The City of Lincoln, 81 Neb Iviny an 11. A creditor cannot divert a payment by his debtor from the appropriation made by him, upon mere equitable \derations that do not amount to an ag ment be- tween the parties giving the creditor a right to appropriate the payment otherwise than directed by the debtor, though mere equi- table considerations may control where the payment is made without designating its application. 12. The direction glven by defendant to the city treasurer, as shown by the evi- dence in this case. was specific enough to require him to credit the payment of the $6,000 deposited with him on the taxes which Were & first lien upon the defendant's line of street rallway. 13. One purchasing property ing title to it under a decree of foreclosure will not be permitted to challenge the va- lidity of such decree. 14 The sale and purchase of property under a decree of foreclosure divesis the property of the lien of the decrec; but where the decree fs also a third lien upon other property such proceedings do not ouperate to cancel the llen thereon for th amount of the deficiency arising upon such sale. 15. “Where street improvements are made and the cost of paving that portl of the same occupled by street rallway comp: nies Is levied as .v‘en il assessments a the property of the several street railways ate prop:riies, and the different reet raflways are afterward consolida property and opera s one street rajlway system. the old com- panies losing thely individuality and id*n- fity ‘and"the new company assuming the dens and obligat s o he const! - ihat as between the con- Appeal from | held suficlent | even | 18 not | and_retain- | T 1-..".1""4 company and the municipal au- thorities levying such special assessments the liens arising by reason of the several assessments against the different constitu- ent companies and properties attach to the new property owned and operated by the substituted company a8 one property in ts entirety. lincoin Street Rallway Co. against The City of Lincoln, supr 16. “Where, however, & MOrtgage Wa placed upon a street rallway property, an afterward another company, against which certain llens for taxes levied as special as- sessments, existed, was consolidated with the mortgagor company, held, that the lien | of the mortgage on the property covered thereby, without the consent of the mort- gagee, could not be impaired by the agree- ments and ucts of consolidation, and that the tax llen on property consolidated and merged Into the new company, and with the roperty mortgaged, could not be made prior to the mortgage lien on all the prop- erty after consolidation; that the tax and mortgage liens attached fo the specific prop- {erties embraced in the levy and the mort- gage, respectively,” in accordance with their | origihal priorities. ~Lincoln Street Rall- way Co. against City of Lincoln, supra. 17. Where the triai court finds, on suffi- clent evidence, that certain assessments for paving taxes were fn contemplation at the time of the execution of & mortgage by the street rallway upon its property, it follows as a matter of law that the llen of such taxes are superior to the lien of the mortgage. 18. Assessments for paving one foot out- side of the rails of street car lines will not be held vold where such paving was done while the statutes were in force pro. viding that street rallway companies should be required to pave between their tracks and one foot outside of the ralls thereof. 19. The district court in its discretion may refuse to render a personal judgment against defendants at the time of the rendl- tion of its decree in & suit to foreclose tax lens, and may defer such action until after the execution thereof. 12287. Dakota county against Borowsky. Ercor from Dakota. " Reversed. Sulltvan, C. J. 1 A sheriff who has, either In person or by deputy, guarded prisoners in the county Jall is, If the services were actually neces- saty, entitled to recover from the county compensation for such services at the rate of $2 per day. 2. The right to determine the necessity for such services before they are rendered does not belong to the county board, neither is the judgment of the sheriff upon the matter conclusive. Ultimately the question is for the courts. 3. The specific fees provided for in sec- tion 5, chapter xxviii, Complled Statutes of 1901, pertain to the office of sheriff, and the sherift s entitled to them whether they were earned by himself er his deputy. 4. An appeal by a claimant from & decl- slon of the county board upon a claim pre. sented for adjustment and allowance va cates the decision, even though it be in part favorable to the claimant, 5. When a claim ‘in by the county board allowed in part and rejected in part, the claimant must deal with the decision as an entirety. He cannot accept the part.that fa in his favor and appeal from the re- maindes 12439. Oberlander alnst Butcher. Ap- peal from Cedar. Affirmed. Lobingler, C., divislon No. 1. 1. The rule that no trust arisee in land purchased for another's benefit unless the purchase money is furnished at the time, nor, If the claimant is a partial contributor, unléss there is an agreement that he shali have an_aliquot 't of the premises, is restricted to resulting trusts .and has no application to express trusts or those aris- ing by agreement. 2. The statute of frauds is satisfied where the cestul que trust takes possession of land purchased in pursuance of a trust reement, no(wllhnnndln{ it 1s oral. O ‘Such. Dossession on the part of the cestul gue trust is notice to all the world of his rights in the land. 12447, McGlave againet Fitsgerald. Error from Lancaster. eversed. bingler, C., division No. 1. 1. In an action by a_greditor (suing in behalf of all) of an insolvent estate against the administratrix thereof and the count; judge for an accounting, & ruflon Wi alleges collusion between the defendants and a fraudulent payment and retention of {liegal fees to the prejudice of the creditors is sufficient as against a demurrer. 2. The district court is not deprived of jurisdiction in such a case, because plain- tiff might have moved to retax the costs in the county court or brough. an action on the bond of the administratrix or sued to recover the statutory penalty for taking llegal fees. 3. Allegations of collusion and fraud on the part of such defendants are sufficlent to entitle a creditor to bring such an action without showing a technical refusal by the administratrix to sue. 1246, Farak against First National bank of Schuyler. Error from Colfax. Reversed. Barnes, C., division No. 2. 4 1. In proceeding to revive a dos t judgment where the defendant pleads which amount to a payment and satisfac- tlon and_plaintift joins fssue by a reply, it s error for the court to deny a request foi a trial by jury. McCormick against 8§ N. W, Rep. 172 | "'2. An_attachment will not lle in such a roceeding. pflfil’l. 'gldbul against Challburg Bros. Appeal from Clay. Affirmed. Pound, C., division No. 2. 1. It seems that a written agreement to convey a grain elevator, together with the fixtures belonging thereto, and ' properly used therewith at the option of the pro- posed vendee, within a given time and for a fixed price, if made upon sufficient con- clderation, will be specifically enforced in a roper case. P Where the writing does not indicate nor is it shown that the prposed vendee did or gave anything for such option, and it fr ok contained In OF & part of some con- tract between the parties, which may sup- Dly & consideration, it is a mere offer froms Which the vendor may withdraw if he chooses. - 1%19, Fligk against Broken Bow.' Error Al e Affrmea. Dutfle, C., division No. 3. One cannot question the validity of an ordinance until his rights are directly af fected thereby. 1 A New Electric Light company agal Frror from Douglas. Reversed. Hustings, C., division No. 1. i, ‘Evidence held not to support a findin that plaintift's intestate came to his deat from "aceldently stepping upon gerap iron electrically charged from the wires of the lectric light company. © ividence held to show that if fatal contact was with defendant's guy wire, such contact We:ll vnlugury and after warn- ing on deceased’s part. dant company held to be under a £ Begen Pil” reasonable precau- a dangerous current gh a guy wire attached fo a pole on a vacant and untnclosed ot densely peopled part of a city. I e attorney proffers himself as a ‘witness and voluntarily gives testimony fn " case in which he admits having a contingent fee. he should be required to ahawer on cross-examination as to the amount of such fee. 5. Where there is of Intoxication it 8 ‘arey, a very slight evidence not errarhw! nr“l.r.lb:\" struction telling the jury that contribu- Yoy negligence cansed by Intoxication Would b & defence, the court having fally instructed lu“ ‘what would constitute tory negligence. r?%{l‘,""m-f-re- ‘Against State ex rel Gordon. Error from Douglas county. Affirmed ¢., division No. 8. A attors once Ntigated and determined will not be re-e)l("lmlned in a subsequent action between the same S pan & warrant has been drawn. pur- suant to an appropriation by a city council for the payment of an installment of the salary of @& municipal officer, and an Alternative writ of mandamus has been {ssued and served to compel the execution and delivery of the instrument, an ordl- hance, passed during the pendency of the action, and aesuming to repeal the ordl- nance making the appropriation and au- orizing the payment, is 5 e who Is both @& de facto and a de jure incumbe: of a city office cannot bel deprived of the salary attached: thereto by reason of the usurpation of the office at the Instance of the city authorities. 1306, State against De Wolf. Error from Lancaster county. Exception sustained. n, C. J. Sylltyan, Wi "state all public offenses are statutory and no person can be punished for any act or omission mot made penal by the plain import of the written law. Bul while there are in this state no common law crimes, the definition of an act which is forbidden by the statute, but ot defined by it, may be ascertained by reference to (‘w common law, 3 A etatute declaring all common | nuisances to be criminal is to be construed s prohibiting every act which was by the | common law indictable as a nuisance. + By section 232 of the Criminal Code the erection, keeping up or continuing and maintaining of any nuisance to the injury of any part of the citizens of this stafte is Qeclared to be a crime, and this declara- tion i# not limited or réstricted by the enumeration in the section of certain acts which are to b pstrued and held to have been committed in any county whose inhabitants are to have been injured or nggrieved thereby The first clause of the section makes all common law nuisances crimes and the second clause fixes the venue of some of these crimes { 5 In a proceeding brought under sec- tions 515 et seq, of the Criminal Code the election at a given date as to the issuance of bonds for the extension of water works, and providing for publication of notice i1 & certain paper for five weeks before such election, a publication In each issue of the goper thereatter il the election, ‘being ve weekly publicatio 18 sufficlent notice, although the first one was only thirty’two days before the eiection. The following opinions will not be offi- clally reported: No. 1028 Leavitt agalnst Bartholomew Appeal from Douglas_county. Judgment Hastings, C., division No. 1. ‘Unreported 1. Former conclusion that the answer ad mits Issuance of a certificate of tax sule and that evidence shows prima facle owner ship of it in plaintift adhered to. 2 Former conclusion that there 18 noth ing in the record from which to determinc the terms or amount of the tax sale cer tificate adhered to. 3. Former conclusion that the $10.00 general taxes on Novembes 1892, i deniy receded from and such claim is found to be not denied by the answer and held that plaintiff's claim for roimburse ment for that amount and interest is cstab- lished. No. 1238%. Bird against McCreary. Appeal from Douglas county. Aflirmed. Albert, ¢ division No. 3. Unreported. 1. In the sale of real estate, under n de- cree of foreclosure an objection that the appralsement “‘Is irregular and not in ac- cordance with 1aw,” is too general to merit consideration. 2. Bvidence on the question of the value of ‘the premises examined and held suf ficlent to uphold the appraisement No. 12417 First National Bank, Sutton against Ashley. Appeal from Clay county Affirmed. Duffie, C., division No. 8. Unrc ported. 1. To give this court jurlsdiction to review an order of the district court appointing a recelver the appeal must be perfected within six months from the entry of the order. 2. An application for the appointment of a recelver was resisted on the ground, among others, that the premises sought to be placed In charge of the receiver was the homestead of the defendants. One of the issues tried was the abandonment of the homestead by the defendants, and the court found in favor of the plaintiff and ap- pointed a receiver, with directions to take pessession of the premises. Subsequently the defendants moved the court for an order discharging the recelved on the sole ground that thew premises placed In his charge was their homestead. Held, that the question of the homestead right of the defendants having been detérmined on the hearing for the appointment it could not be agaln raised on a motion to discharge the payment of e recelver and that the court properly denled (.l'lq’ mD#an. a 0, 1 eorge Burke Company against Fowler. Error from Valley (‘r\YlilL\" Re- yersed and remanded. Day, C., division No. 1. Unreported. 1. When a witness {s cross-examined on & matter collateral to the issye he cannot, 8 to ‘his answer, be subsequently contra. icted by the party putting the question Johnson against Spencer, 51 Neb., 198, fol- fowed: 3. The test of whether a fact inquired of in cross-examination s collateral s, would the cross-examining party be entitled to prove it as a part of his case tending to ostablish his plea? Johnson against Spencer, 51 Neb., 19, followed. 0. Egan against Light. Error from Grant county. Reversed with in- struction. Albert, C., division No. & Unre- P Ea | Evidence examined and held sufficte to sustain tge findings. et 2. Where ghie true boundary line between adjoining owners is uncertain and unknown fo them and may be ascertained, only at more or less trouble and expense, an exe- cuted agreement to accept and abide by & certaln line as such. boundary {s binding upon the parties and gubsequent purchasers having notice thereof, although the boun- dary agreed upon may not be the true line 3. The description, in the decree, of the lands in controversy held not sufficlently definite and certain. THE REALTY MARKET. INSTRUMENTS filed for record Monday, February 23: « o Warranty Deed eter Kuhl and wife to Peter Bun: lots 7 and &, block 3, Bennington....:§ 60 Edward Tessl and 'wife to Charles opinjon of this court affecws In no manner the Judgment of the court below: its only to determine the law of the of Genoa mandamus. division function 1% case 13101, State ex against Weston Writ allowed No. 1. 1. Under a village ordinance calling an rel Vilage Original Commissioners, Hodeck, lot 11, block 3, Mella’s 1st Benson Land commany to Oliver Chris- tensen, lots 1 to 5, 3 and 24, block 29, BONSON .....oooirerinininss svaieenees Margaret C. Wear and husband to Nels Petersen, lots 18 to 21, block 3, 1st add to Corrigan Place. ; Nels Petersen and wife to J. lot 6, block 5, Corrigan Place. H A w:-zlg.ple and wite to Bossie 660 o der, undi lot 21, 25, wi feet lot 2, lot 31, e26 feet 1ot 8 and ot o £, Like & T.'s add...... Quit Claim Deeds. Mathies Schneider and wife to Omaha Realty company, ni lot 9 and el3-16 Teet of ni lot 2, block 9, Improve- ment Assoclation’ add Deeds. Sherlff to W. 8. Mackle, executor, ni§ feet lot 3, block 1, Mayne's 1st add to Valley .. v w8 feet lot Total amount of transfers. Not in Nature for anyone to always feel tired. There is no need to drag out an existence ‘without ambition. ‘Weak nerves are responsible for lan- uor, depression, debility and varico- cele. Diseased nerves, whether due to over- work, over-indulgenice or auy other cause, can e strong as steel by the use of P . o, Fhey tone and invigorate eve; n of thebody, soothe abd strenataes The nerves and transform broken down men and women into strong, health vigorous, ruddy-cheeked persons. T u find this Isn't so, you get r Toney back. o o $1.00 per box ; & boxes (with 1o B0 " Boon fraer (TN - For sale by Kuhn & Co., Omaha, Dillon's Drug_Store, South Omaha. Davis Drug Co., Council Bluffs, Ia. For Sale by SCHAEFER'S CUT RATE DRUG STORE, orner 16th and Chicago Sts., Omaha BLOOD POISON Is the worst easiest to cure disease on earth, yet the WHEN YOU' KNOW WHAT TO DO. Many have pimples, spots on the skin, sores in the mouth, ulcers, falling hair, bone painsy catarrh; don't know it {8 BLOOD POISON. Send to DR. BROWN, 835 Arch 8t., Philadelphla, Pa., for BROWN'S BLOOD CURE, $2.00 per bottle; lasts one month. ~ Bold only by Bherman & McConnell Drug Co., 16th and Dodge ’m , Omaha L s Brown's Capsules G5 e 8 few —————— 16th and Dodge Sts. MEN AND WOMEN, @DRUNKARDS R . ru ITE DOV#l gli‘hlnv-r 18 10 destroy strong drin! sppetiis for 'wilch exlat afier using this remedy. Givea i With or without knowieage of patient coni 8l Sherman & McConnell Drug Co. Omaha P. B. Weare. Pres. €. A Tiears, V Established 1. i WEARE COMMISSION CO,, CHICABD mpers of the Frincipal i oo, Private Wires to All Potnte ™ GRALN, PROVISIONS, ¥1GCKS, BOND) Bought and s0id for cash or oMAHA BRANCH: tioys Boara ity wlephone ;l‘_' o Toad W. B Ward Toesl Movager, D