THE OMAHA DAILY BEE : MONDAY , FEBTITTATIY 521. 1898.
BUSINESS IS UNSETTLED
.Recent Disaster in Havana Harbor in a
Disturbing Factor.
STOCK \RKET RESPONDS Wlfll A DECLINL
Opinion * ( lint ( lie I ploxlon
'Wart Dm' to nn lAerldeiit fllve
SOUKMiTiiirlli , but Triulcn
Arc In n WnltliiK Mood.
I NB\V YORK , Feb. 20. Henry Cl w , bead
cf the banking lioueo of Henry Clews &
Co , , writes of the situation In Wall street :
Taking the last week as n whole. It Jins
l > etn sufficiently Influenced' by experimental
tolling operations to hold In check the Im
proving' ' tendency duo to opposite factors.
There Is still n limited class who thinks the
present range of prices ndmlts of a further
decline , but It makes only transient suc
cesses In Its attempts to force It. Apart
from the gcnernl bullish feeling of outside
operators , the foreign market Is showing
lecldedly moro disposition to buy since the
Improvement In the China situation , which
Is n. factor now dally felt on the market.
The chief element of disturbance has been
the Mnlno disaster. The suddenness nnd
gravity of the occurrence produced n very
severe shock In Wall street , and all the
.more 3 from Its appalling mystery. Thn
rxistlnB dellcnto position of our relations
with Spain nnd the public feeling excited by
the Do Lome Incident and the uncertainty
whether the Spanish government might
make n due amende In that case , furnished
material enough for suspecting that some
hot-liendcd Spanish or Cuban partisans
jnlght be cither seeking revenge or hoping
trf precipitate war , suspicions wnlch strongly
nppealcd to the patriotic sentiment of nil
clnsses. This was a strong test of the
stock market , under which prices declined
at first about one point. Succeeding this
Jlrst Impulse ciimo a series of reports nnd
olllclal opinions which preponderated largely
In favor of the probability that the sad dls-
nBtcr was dun to s'orno unexplained acci
dent , rather than any wicked design ; nnd
Hlnce Wednesday the public temper htis set
tled Into u willingness to hold Judgment In
mispcnso until divers have examined the
vessel nnd the natuie and cause of Its de
struction linvu been passed upon by an of-
llclal Investigation. There Is , however , still
ti reservation on Account of the possibility
that the olllclal Inspection may suggest or
reveal malicious causes of the disaster , and
this unsolved doubt Is likely to hang over
llie market until It Is disposed of by an of-
llclal report.
Apart from this event Wall street again
begins to show some uneasiness on the Cu
ban question. Another dry. or military , sca-
non Is now npproncning Its close ; the ex
periment of autonomy tuny prove n failure ;
thu Spanish forces have accomplished but
Inadequate results as yet toward the subju
gation of the Insurgents , and thus another
year has passed without the accomplish
ment of the extinction of the rebellion.
Meanwhile our government continues sub
ject to a heavy expense In the maintenance
of Its neutral obligations and our people suf
fer from a heavy loss of trade with the
Island , while the sufferings of the Cubans
continue to appeal to our humane sympa-
tnlus. The administration Is letlcent as to
Its future action nnd congress shows less
zeal and urgency , but It Is suspected that
the latter Is duo to nn understanding be
tween the administration and the repub
lican jingoes which Is satisfactory to the
latter. The uncertainties as to the outcome
about Cuba may sutllcc to produce a more
or less unsettled feeling In Wall street until
further light Is thrown on the prospect and
until after the Malno Investigation nnd the
complete settlement of the Do Lome Inci
dent nnd the reciprocity negotiations.
Instead of the disaster to the war ship
Maine bringing on a war between this coun
try and Spain It Is more likely to have a
contrary effect , as It will bo the means of
causing reflection on the part of our jingo
members of congress and making them more
rational. H will serve to show them what
war means In the destruction of. life and
property. This shocking disaster wipes out
W.EUO.OOU of propel ty nnd sends to eternity
273 human beings In an Instant. If It
should be found that the cause ) of this dis
aster wns a torpedo It goes to show , In the
event of actual war with Spain , what thou
sands of Infuriated men could accomplish
as measured by the nut of one man who
Jlred the torpedo at the Maine. We can no
more contrast former conflicts on land or
eea with conflicts hereafter. In their an
nihilation of life and property , than we can
compare night nnd day. Is It desirable ,
then , for this country to bo plunged Into a
war with Spain , even though we should get
the best of It In the end ? It Is true we
could levy an Indemnity , but what would
that be worth ngalnst a bankrupt nation
nnd victory over a power so much weaker
would give us no prestige ?
The attention of Wall street has been at
tracted to the probability of another Im
portant consolidation of railroad Interests.
Apparently on good authority It Is given
out that the Chicago , Burlington & Qulncy
and the Missouri , Kansas & Texas have ex-
cianged views relative to a consolidation
of the two systems. It Is understood that
the Missouri , Kansas & Texas would re
quire a guarantee ofI per cent upon Its
preferred stock , to which the Burlington
probably wilt not object ; It may , however ,
hesitate about guaranteeing the Missouri ,
Kansas & Texas 4 per cent gold bonds , as
It has always disfavored contracts payable
In that form. Should this negotiation be
accomplished It will add 2,137 miles to the
Chicago , Burlington & Qulncy system , mak
ing Its total of track U.377 miles. This Is
another step In the direction of economy In
railroad finance.
T.ie Bureau of Statistics furnishes another
evidence of the extraordinary expansion of
our export trade. For the month of Jan
uary the exports of merchandise ( Including
sliver ) amounted to $ U2SOO,000. which is
J14,7W.OCO ( in excess of the figures for the
Hiimu month of last year. The Imports were
valued at $53,300,000 , which falls JSOO.OOO be
low January , 1SU7. The month's exports
Hhow an excess of JM'.SOO.OOO ' over the Im
ports. From this , however , must be de
ducted $3,000,000 for our net Imports of gold
during : the month ; also a liberal allowance
must bo made for the Interest and other
minor nccoums uurmg tno montn , wtilcn
would leave a net balunco to our credit of
probably $30,000.000. to bo added to the nl-
rendy extraordinary floating Indebtedness
of other countries to the United States. This
Is an additional reason for anticipating pro.
tractcd ease In the local money market.
Apart from the Malno disaster nnd tha
Cuban situation , all factors continue fa
vorable to thu price of stocks , and we look
for un nctlvo spring market ; temporarily ,
however ! I advise caution ,
COXDITIOX or XUW YOItlC 1IAMCK.
Iiiinii nml CiiNli .SlioivliiKH fur UK :
AVeU Art" Itciuarknlilc.
NEW YORK. Feb. 20. The Financier
says : The statement of the associated
banks for the week ending February 10 Is
rcmniknblo for Its loan nnd rash showings.
Ordinarily an Increase of J7.078.SOO In loans
Is accompanied by a proportionate expan
sion In the deposits , but In the current
statement deposits nro almost stationary ,
showing a decrease of J136.COO. On the other
hnndj there was a loss of $0,773,400 In cash ,
thu gain of $ lMfi,100 In specie having been
offset by a decrease of JS,315noo In legal
tenders. Where this money went Is some
what problematical , but the statement
analyzed as to Individual changes shows
ono large bank to have lost nearly 15,000,000
In cash. Its loans remain at nearly the
same figure previously reported , and Its
deposits have fallen off $5OM,000. ) Three of
the other largo banks seem to have lost
$3,000,000 In cash , thus accounting for the
total change of the week. The only Infer
ence Is that the cash loaned , or an amount
as largo , has gene out of bank , slnco It
does not show In the lUpoalu , and the In
crease In loans nnd the decrease In cash
almost exactly offset each other. As the
reserve requirements for tbe week were not
Affected by heavy deposit changes the loss
In cash reduces the surplus reserve by
almost the immu amount drawn -out of the
banks. The excess money In bank
Is now down to J25OSS,4riO , un amount about
almost one-half ns large as retorted for
the eamo week last year. Since January W ,
this year , the loss In reserve has been
$10,000,000 , while deposits have , Increased $ Iil.-
000,000 und loans J.'S.COO.OOO. In other words ,
loans nro expanding faster than deposits
nnd cash Is decreasing as a result. Al
though the latter huu been the rase for
only one week , It 1 significant as showing
that the flow of money to this center has
been checked to meet growing demands
nt Interior points. New York exchange at
nearly all domestic centers Is at a dis
count and the actual shipments of cur
rency to the banks In a number of cities
widely separated Is u healthful Indication
of better trade conditions. If it continues ,
nml the outlook Is that It will , a tinner
money market will be only a natural re-
ult.
CHnnrlii'Ntrr Tr&tlln Kulirli-n.
MANCHESTER , Feb. 20. The market
last week was very linn , with a peed de
mand In ull departments , except for the
dtrlctly homo trade , prices retaining the
rains , tnado before the cotton reaction ,
Tlivro was a fair business done und more
was referred back for * better limits. There
WHS u more extended delivery for India ,
though the trade wus. bumpered somewhat
. .11
by the severity of the Bombay plague , and
nlso by the knowledge that shipments for
Bombay this month , may reoc } < M,000.000
yards. Business In India , China nnd Japan
Is good , nnd the minor European nnd South
American markets have been peed buyers.
The homo trade alone drag * , the engineers'
strike having crippled the retail business
nnd leaving largo unsold stocks. Advlco
from Germany reports a continued good de
mand for yarns , but a resistance to nny
advance. Cloth margins are more than
slender. The French market Is quiet nnd
shows no change whatever.
CHIC.UiO CHAIN AMJ PROVISIONS.
Fcnturcx of < hc TrndliiK nnd Clnnina
I'rlccH on Sntiirdny.
CHICAGO , Feb. 19. Wheat today reached
the flood mark of the recent December
Fqucczc , selling up to $1.00 , and closing at
$1.06 , nn advance of 214c. July showed even
moro sensational strength , and closed at
, or 34o ! over yesterday's price , after
selling ns high as M ic. The market wns
stirred nt first by Lcitor's statement that
ho had sold to consumers the 4,000,000 bu.
of wheat he was sending abroad , nnd at
tempts to cover weekly calls later caused
the wildest half hour that has been seen
on 'change for many months. Brokers for
Letter helped to make things lively by
bidding for July. All the markets were af
fected by the extraordinary bullishness of
wheat. Corn advanced UffiHc , nnd oata
? Jc. Provisions. In spite of heavy realizing ,
advanced 24ff7' ! e.
The most Important Information wheat
traders had to start with was the state
ment made by Joseph Loiter that he had
engaged , ocean freight room for 4,009,000 bu
of his wheat , nil of which had been sold
to mlllcra and consumers , Liverpool cables
also showed some strength. The result
was a very strong opening , May starting
unchanged to Ho higher ot from $1.03V4 to
$1.01 , and advanced nt once to $1.05. There
wns a remarkable scarcity of offerings , and
It took but very little buying to advance
the price. July was fully ns active and
strong na May , opening Uft-Ke higher nt
SMiSiflc , and rising to OOo before enough
wheat came out to stop the advance , The
advance to $1.03" In May was followed by
IVSc reaction , but reports that 000,000 bu. of
Lelter's wheat nt Duluth was to be shipped ,
nil rail , to the seaboard , stiffened the back
bone of the market , nnd prices noon got
back to the previous high point und then
passed It. For half nn hour the market
hesitated at around $1.05 for May , and DOe
for July , then suddenly bedlam broke loose.
Traders , In trying to protect themselves
agnlnst weekly calls , discovered that the
market wna practically bare of offerings ,
and In their anxiety to got wheat began
raising their bids , c at a time. That
brought shorts Into the pit In a hurry.
About the same time brokers for Lclter
appeared with a number Of buying orders ,
especially for July. The market advanced
so fast that changes In price could hardly
be kept track of. All kinds of shorts wcro
compelled to stop losses , and for nearly a
half hour the market wns in a state of
excitement seldom seen , In the meantime
May had advanced to $ l.Cfl , nnd July to
y.Tftc , more than uc over yesterday's closing
price. At those figures the market wns
flooded with wheat on realizing sales , nnd
sharp declines followed , May dropping ir
regularly to $1.0T > . and July to Sl&c , after
that the excitement died down to a great
extent. Nevertheless the market was ex
tremely nervous to the close , nnd fluctua
tions In botli futures were rapid and at
times violent. The ordinary news of the
dny was entirely neglected. Minneapolis
and Duluth reported arrivals of 2-12 cars ,
compared with 301 n year ago. Chicago re
ceived eighty-one cars , twenty-two of which
graded contract. Atlantic port clearances
were equal to 47S.COO bu. Closing prices
were $1.06 for May nnd S2' , c for July.
Corn was excited and higher , duo prin
cipally to the Influence of the bulge In
wheat , although small country offerings
would probably have made the market
strong on Its own account. The demand
from shorts and scalpers forced prices up
sharply. There was enough realizing to
cause some decline from the top , the mar
ket belnp steady. May ranged from 3U4c
to : ' , MJ30c , and closed &Gc higher at
The market for oats was fairly active.
The strength of wne.it and corn was the
Influence. Shorts were active bidders , nnd
the scarcity of offerings resulted In a sharp
advance In prices. Tnere wus also good
buying from Now Yotk. Cash demand was
poor. May ranged from 27 0 to 25Vic , and
closed at 279 c.
Realizing In provisions was pronounced all
day , but the demand was good , especially
from shorts afraid of the Influence of the
advance In grain , and prices advanced
somewhat. Packers let BO of considerable
quantities nt the top. Prices were nt no
time below yesterday's final figures. At
the close May pork was 7V c higher at
$11.0214 ; May lard , 2'/jc ' higher at $3.22 , and
May rlba 2',4c ' higher at J5.27& .
Estimated receipts Monday : Wheat , EO
cars ; corn , 550 cars ; oats , 325 cars ; hogs ,
Vi.OOO head.
Leading futures ranged as follows :
Articles. . | Opon. | High. | Low. | cFoaa. j Ycsfy.
Wheat-
May. . . 1034-4 100 03' . 1 00 l 0:114 :
July. . . SSJ1-80
Com
Miiy. . . .11 ! .
July. . . 3-2H
Sept. . .
Oats
Miiy. . . 275f ! 27H
July. . . M4Ji
Pork-
May. . . 10 07W 11 05 10 OJ 11 02H 10 or
July. . . 10 US 11 OS- 10 93 U O-'it 10 oo
Laid
Mny. . . B 20 Ct 22 n 20 C 2L'W 5 20
July. . . 6 17H ! C UO 6 U74 c au S 27 > l
6h'tKlb *
May. . . r 25 S SO 025 B 27
July. . . Sill ) r. its 5 : io n : is
Cash quotations \\cre as follows :
FLOUK Finn ; winter patents. tl.SOOI.90 ;
stralKhtH , J4.3004.EO ; erring specials , $ o.40ip5.W ;
baker * . 3.104I3.90 ,
W'HLJAT No. 2 spring , nominal ; No. 3 sprint' ,
S2i)7c ! : No. 2 rcil , } I.04ffl.CC.
COItN No. S. 29'i@:0c.
OATS-NO. 2 , 2oc , t. o. t
HYK No. 2. 4S15c.
11A11LKY No. 2. 33ff3Sc.
WHISKY Distillers' finished goods , per cnl ,
SUGARS Cut loaf , JO.01 ; granulated , J5.61.
On the l'ro > lu"e exclmnco today the butter mar
ket was steady ; creameries. ISffiac ; dairies , 11
{ fl"c. Ulieere , ( steady at 8Sic. ? . IKK , easy nt
)3 lc. Dresfeil poultry , steady ; turkeys , S',4JJlle ;
chickens , 70SC ; ducks , 7SSc.
Ioiiilon .Money Murlcot.
LONDON , Feb. 20. The weathercock of
the money market Is ) again pointing toward
lower rates. Owing to the fall In the prices
of gold andi to the bollcf that the Aiutrlnn
and HuF.sian demand has ceased perma
nently. fresli arrivals will probably go to
the Hank of Knglnnd. iMoreover. the market
will soon get mippllcs from government dis
bursements. The Stock exchange has been
disturbed by political conditions and prices
have dropped nil around , American securi
ties being especially depressed. Kven con
sols have go-no a4 point lower and home
railways have suffered a general decline of
from ! i point to 2 polntu. International se
curities show a falling off from % to ? i of a
point In Kuropo nnd still bigger drops In
South Americans. The fall In American rnll-
inny shares rangca from 1 point to3 %
points , Including Denver & Hlo Qrando pre
ferred shares , which have fallen 3 > i points ;
New York , Lnko Krlo & WoHtern shares ami
Loulsvlllii & NnHhvlllo common , which have
fallen 3'1 points each ; Atchlson , Topeka &
Santi. U'c , Norfolk & Western preferred ,
Northern Pacific preferred , Southern 1'aclllc
preferred nnd Union iPaclllc. which have
fallen 2 % points each ; Laku Shore & Michi
gan Southern , 2Vi points ; Illinois General ,
2'Xr ' points ; Atchlson , Topeka & Santa IA )
adjustment , 3 points , and Wabash Income
shares , which have fallen 2 points. Cana
dian Pnrlllo shares have fallen 4'4 points
and there baa been a fall In Grand TrunkH ,
ranging from % to 3U points , South Ameri
can railway shares hnvo generally declined.
The mining market Is upset on President
Kruger'8 dismissal of Chief Justice. Kotze
of thn supreme count of the Transvaal , An
glo-Americans preferred have fallen 3V4
points on further realizations , owing to the
rumors of threatened German complications.
CHICAGO MVU STOCK M.IUICI2T.
UoRW Continue- < luoil Driunnil ivllli
CHICAGO , Feu , 19. There WUH the usual Sat
urday ncurcity of offerings of caltlo ami the mar
ket In consequence was practically a nominal
ono. 1e terday'H price * inevallcd for the few
cattla offered for rale.
There wa a KooJ demand for hoes from both
OilcatP packers anil euitern shlppere and prices
ruled ctroiiKcr uiul on aty n\ cruse about 2'/c
hlirher than yenterday. Hulea were largely at
J4.uHj.lW. the extreme ranee of prlcev for com
mon la prime IIOK * be In if J3.'jOtf4ni. ! lleivy
lots olj at the muni ijooj premium and llfht
IIOKH had tu KO at u ilfcMtvl discount.
1'rlcen for lioep and lambs ruled steady at yes
terday' * quotation ! , sheep belnK salable nt J3.W
W4.W , with fed western * steady at J3.7104. 60 ,
Uanilii sold at | 4COUS.M. chiefly at J5.WS5.W ,
and prime Harks WITH .worth tS.CO ,
Iterelpls ; Cattle , 200 head ; hogs , 18 , < X head ;
sheep , 3,0(0 head ,
lock iu
Record of recelpta of live stock nt the four
principal markets for February 19 ;
Cuttle. HOKV. Sheep.
Omaha , . . , . SO ) 9,994 1.4W
Chlcaco . 200 18.0(0 3,000
Kaniaa City . KO S.0'0 J.OCO
Bt. l.ouls . . . . . . , . . . . 400 4,200 COO
Total ! . . 1,109 M4 1 19
OMAHA LIVE STOCK MARKET
Week Winds Up with a Verj Limited
Enpply of Stock.
PRICES ON BEEF STEERS ABOUT STEADY
Cliolrc Srll Itlfrii mill Common Stud
Pretty Well Down HORH tSnln n
A'lcUel ) .MnUlMK V\i u
'Week's Lonn.
SOUTH OMAHA. Fob. W.-Hecelpts fir
the days Indicated were :
_ Cattle. Hogs. Sheep. Hor's.
February ID * 3,931 1,459
February is 1.S3S fi,843 5.402
February 17 2,289 7.92G 7,534
February 16 2,652 C.690 G.C48 3
February 14 2.437 2,739 4.M3 . . . .
February 12 K3.SM 318
February 11 1,520 3.S5S 1,411
February 10 1,405 G.200 1,932 2
February 9 2,749 6,97 ? ,410 . . . .
February S 3,575 G.GU 3,971
February 7 1,709 2.R69 CMO 28
February E 791 6.G22 2,352 . . . .
February 4 1,303 5,302 2,554 21
February 3 1.9991.219 C.'JM 1
February a 3182 6,112 4,330 33
February 1 2,375 7.3G9 3,937 8J
Aa usual on Saturday , tlio supply ot stock
was comparatively small , a total of only
seventy-six cars. This week's receipts com
pare with a week ago anil ono year ago us
follows :
Cattle. Hogs. Sheep.
Receipts this roeek 13,457 37,131 29,731
Receipts last week 12,169 29,450 20,012
Corresponding week 1S97. . 10,200 32,388 14,002
CATTI B There wcro only a dozen fresh
loads of cattle received today and three of
these were Indian supply stuff cnrouto to a
northern agency , leaving but nine loads on
sale , and one-half of these were cows and
stock cattle.
U1312F STEERS The few cattle that wcro
offered met with an nctlvo demand and a
ready sale at fully steady prices that Is ,
steady at the week's decline. Ono bunch ol
cholco 1,412-potmd beeves brought $4.75 , but
W.95 to $4.30 bought the rest of the cattle
that Moro good enough for the dressed beef
men.
BUTCHERS' STOCK There were less
than half a dozen loads of cows and hclfora
on the market today , but the small supply
failed to stimulate the demand any and the
trade was featureless , mlth prices very
generally In Friday's notches. Veal calves
were very tc.irce and brought firm figures.
Hulls , stags , etc. , were In a llttlo better re
quest than they wcro the fore part of the
week and prices were generally well sus-
tnlnd.
STOCKKRS AND FEEDKRS-Saturday's
feeder trade seldom amounts to much anil
today furnished no exception to the rule.
There were only a few odd bunches offcrcil
and yard traders took them at Just about
recent quotations.
THK WEEK'S TRADE The general cittlo
market has been a mean ono this week ami
almost all grades have suffered. The good
finished beeves , of which very few have
been offered , have not gene a great deal
lower , but the trade has been very bad on
tile medium and common stuff. Cattle on
which shipping and export buyers would
compete are about lOc to 15c lower than last
week , with the ordinary run of stuff 15c to
35c lower. The latter quotation about ex
presses the decline on butchers' stock and
canncrs. In stackers and feeders there has
been a fair velum * of business , but a lOc to
20c decline In prices. Good light steers ,
calves and yearlings have been the best
sellers but trade has been very sluggish on
rough , heavy and off-grade stock.
HOOK The supply today \vns just nbout the
snmo na on Init .Saturday. The quality wan vpry
cooj , 11 liottcr proportion of tlio ofTi-rlnss hc'ru
llKlit nnd meldum welchta than on nny dny an
far tihlH month.
Ailvlcc-i from other point" were moMlj * favor-
nblo nml tlie demand fro mall sources wna RnoJ ,
so that trade v < as active rlpht from the vl.ir'
and prices \vcr < > 2UT3c , mostly 5c , higher than
yesterday for nil grades.
Choice butcher nnd light loads sold up to $3 S7'/j.
and common packers nndery h avy loads Bold
at S3.fc7'4. ' Wclclit was a minor con ldcrntlon
with buyers , however , and the fair tn iood IIOE < <
without much repaid to welnht. Bold mostly nt
J3Mf3.D5 ! , with J3.50 the lending ( Inure.
HuplncES was brisk right from the start , nnd
the close was active and EtronK nt the advance ,
an early clearance belnp made. The hoes sold
mostly nt J3.KO to $3.93 today " , against J3.S3 ta
53.M jcstcrday and J3.SO to "J3.E5 on last .Satur
day.
day.SHEKP Todny'a supply was comparatively
small seven double decks. There w.is si cnod
demand from nil quarters and the offering
quickly changed hands nt steady to a Bbnde
stronger prices , t
SUIMIKMK COtWT FIIOCEIJDI.VGS
, Feb. 15. Court met pursuant
to adjournment. Logan F. Jackson and El-
lery II. "Westerfleld were admitted to prac
tice.
Iloyt against Kountze , Barr against Post ,
Thompson against West , Leave to plaintiffs
In error to reflle briefs. Harvey ngnlnst
American National Dank , motion for secur
ity for costs overruled. Vernon against
Union Life Insurance Company , Symlng
against Keller , Glrvan against Gordon and
Krum against Cnamberlaln , dismissed un
less plaintiff serves nnd files brlefg In twenty
days. Warder Uushnell Company against
Stanser , dismissed unless appellant serves
and Hies briefs In thirty days. Reese against
Dutcher , order of revlvor. Hall against
State ex rel. Renard , advanced. Watson
against Robertson , Davey against Chicago ,
St. Paul , Minneapolis & Omaha Railroad
company , Omaha Loan and Trust Company
against Green , Colby against Wehn , of-
llrmed.
February 10. Phoenix Insurance Com
pany against King , motion to strike briefs
overruled. Sackett against Montgomery ,
Holt against Ullllnssley , motions to quash
bills of exceptions overruled. Reed against
Filed , dismissed as to Olivia S. Filed , unless
briefs arc served and filed In twenty days.
Xeller against IfcCord-nrady Co. , Laird
against Woman's Medical College , affirmed.
Cerveney against Tiurston , dismissed unless
plaintiff serves and liles briefs In twenty
days. Trompcn against Hammond , motion
to advance overruled. Dltson ngalnst
Kitchen ( three cases ) , Moores ngalnst State
ex rel. Sheep , motions to dismiss overruled.
Smith ngnlnst Andrews , motion to quash
bill of exceptions sustained. Haniann
against Kempkes ( two cases ) , leave to
amend ono petition nnd lllo two bills of ex
ceptions. State Insurance Company against
Hale , motion to quash bill of exceptions
overruled. Holt against Ullllngslcy , motion
to strike plaintiff's briefs sustained. Uruner
against Moores and Shehon linnk against
Moores , dismissed. Davis against State ,
leave to flic additional transcript.
February 17. Sarpy County State Bank
against Hlnkle nnd Palmer ngalnst Car
penter , motions for rehearing- overruled ,
Nebraska * Loan and Trust Company against
Laughiey ( two cases ) , Gllcnrlst Lumber
Company against Sadler , National Life In
surance Company against Huyden , Brown
ing against Lauermnn , dismissed.
Court adjourned till March 1 , when the
following cases will be culled : Chicago ,
Roclc Island & Pacific Railroad Company
ngalnst Felkncr. Van Pelt against Gardner ,
Molm against Chlrhart , Lepln against Coon ,
Hcrzkn against Blake , .Modern Woodmen
Accident Association against Shryock ,
Union Pacific Railway Company against El
liott , Johnson ngalnst Homo Fire Insurance
Company , Barnes against George , Heye
against Heye , German National Bank
ngalnst First National Bank , Hampton
Lumber Company upnlnst Van Ness , Brown
against Harlan , Grutton against Ogden ,
Hayes against Slobodny , Mayer against
Nelson , Union Trust Company against Al
len , Moore ngalnst Moore. Gibson against
Reed , Beckstnff Brothers' Manufacturing
Company ngulnst Snyder , Funke against
Allen , Dern against Kellogg , Henley against
Slnnott , Onuiliu Fire Insurance Company
against Pcyson , Omaha Fire Insurance
Company agnlnst Hlldebrnnd , Chicago , Bur
lington & Qulncy Railroad Company ngalnst
Bchalkopf , Nebraska lmn nnd Trust Com
pany against Ignowskl , Lenvltt against Bell ,
Stougli ngalnst Ponca Mill Company. Lin-
ton ngalnst Cooper ( two cases ) , Werner
against HIT. Stenger Benevolent Association
tiguluat Stenger , Leedcr ngalnst State , Davis
against State , Bankers' Life Insurance
Company against ! Rabbins , Browning against
State , Merriaml agnlnst Miles , Hull against
State ex rel , Renard.
The following are the syllabi of opinions
handed down :
Bergeron against State , Error from Adams
county. Reversed , Norval , J ,
An Instruction purporting to cover the
whole case Is erroneous , which falls to In
clude all t'Te elements necessarily Involved
In the Issues and within the evidence.
2. By section 48 of the Criminal Code ,
breaking and entering In the night season
arc essential elements of tha crime of bur
glary.
3. Where un Information for burglary
charges that the breaking and entering were
effected with the Intent to steal , It Is neces
sary to prove that the property possessed
uoiiio value * and wus within the building ,
4. A faultless Instruction will not euro a
mlsstatc'ment of the law In another para-
giaph of the court's charge to the jury.
Nelson against State , Error from Burt
county , Rev 'rJed. Ryan C.
In a prosecution for having In his pos
session certain Intoxicating liquors , among
which it was charged that there was beer ,
the defendant Introduced evidence tending
to uhaw that ther was no beer and that
the liquid described In the Information as
beer was u tonic , not Intoxicating In Ita
nature , The state offered In evidence a
search warrant Isnutd In an Independent
proceeding la which. U was recited that an
Information under oath had been filed b >
n credible ) resident freeholder , whose nam
' was Riven , that such freeholder had ren ot
to believe nnd < 1M bcllcvo that the accuse
had Vn his poKsewlonr hijor among other In
loxlcntlnc liquors kept1 for the purpose o
sale , and which wore" Win * sold In violation
of chapter I , Compiled Statutes' of Nc
braxkn. On this wttfhint there wns a
statement In the retmn that the office
executing the same WVd , upon search , foum
on the promises of thi * hccu et1 sixty-seven
bottles of beer. This /warrant nnd return
the court ndmltted In i evidence. Held , tha
on the recitation of the warrant and return
were with reference to the essence of th
crJmo for the commission of which the nc
cased wns tielng tried the admission ofthe
warrant and return iw IndeDeUilcnt cvldcmc
was prejuillclously erroneous ,
Standlfonl ntfnlnst Orton & Co. Error from
Antelono county. Reversed , Irvine C.
It la the duty of.thc Jury to find a verdlc
according to the law as Klvon In the In
structlons of the court. When they cloarlj
violate thla duty tho'cfinrt should set asld
the verdict. Aultm&n ngalnst Reams.
Neb. , 4S7.
Qlllwnukcp Mechanics Fire Insurance Co
ngalnst Fuller. Error from Douglas county
Afllrnted. Ilngan C.
The facts In thla cnso nnd the law npplt
onblo thereto arc the same as those In
Phoenix Insurance Company ngnlnsl I < uller
73 N. W. , nnd on the ntithorlty of that case
the judgment of the district court I
affirmed.
Smith ngalnst Meyers. Error from Rich
nrdson county. Afllrmcd. Irvine , C.
When a motion to strike matter from n
pleading cannot properly bo sustained ns
made , It Is not error to overrule It nlto
gethcr , although a narrower motion mlgh
hnvo been well taken.
2. A defendant , who by answer plendei
new matter which the court refused tc
strike out ns Immaterial , cannot be henrc
to complain that the court erred In re
fusing to strike from the. reply allegations
traversing those of the answer.
3. A party who has himself tendered nn
Immaterial Issue , which the court has re
fused to eliminate from the pleadings ot
motion of the other party cannot be bean
to object to evidence relating to that Issue
on the ground that It Is Immaterial.
4. There exist , In actions for criminal con
vcrsntlon , the snmo rights to compromise
nnd the same privilege with regnrd to offers
to compromise , as In other actions.
E. It Is not the law that n married woman
testifying In the presence of her husband. Is
not subject to the penalties of perjury , be
cause conclusively presumed to net under
his compulsion.
6. Smith against Meyers , 71 , N. W. Rep.
1,000 , reaffirmed.
Godwin ngalnst Cunningham. Appea
from Buffalo county. Reversed. Irvine , C
The lien of a mortgage taken while build
Ing Is In process of erection on the lam
mortgaged , Is subject to mechanic's liens
for work commenced , or material , the fur
nishing of which wns begun before the
mortgage was recorded.
2. The transfer of a note secured by mort
gage carries with It the mortgage , am
operates as1 a transfer thereof , without the
necessity of any formal or written assign
mcnt.
3. A suit was brought to foreclose a
senior lien. The original holder of a junior
mortgage w > is made a party , but the mort
gage had been assigned nnd the assignee
was not a party , the assignment was not o
record ; held , that the decree In that suit
did not bar the assignee's rights. .
1. When n statute confers n right of action
not existing at common law , nnd limits
the duration of that right , such limitation
relates not only to the remedy , but ex
tinguishes the right Itself.
5. The provision In the mechanic's lien
law , whereby the lien Is limited to two
years after the filing of the claim , Is a
limitation upon the existence of the Hen
and not merely upon the remedy to en
force It.
C. A Junior encumbrancer who was not
a party to a suit to foreclose a mechanic's
lien , will not , after the extinction of that
lien by lapse of ttinc , be required to re
deem from the purchaser at the void sale , as
a coadltlon of cnfdrclng his own encum
brance.
Chandler ngalnst Pyott. Appeal from York
county. Reversed. Ryan , C.
A party who pays mpney to another to
bo applied on a note which such person
has not In his possession , assumes the bur
den of showing the authority of such per
son to receive payment.
2. The mere facts that a mortgagor hac
sent coupons , ns they matured , to a certain
person to whom the amounts thereby evi
denced us due had ben' ' paid nnd , that the
person so receiving such payments had de
livered or even advanced the amount of
such coupons to one to whom before ma
turity had been transferred the principal
negotiable promissory note secured by mort
gage ; held , not sufficient to satisfy the
above requirement as loin payment to such
person of prlnclpaU-and Interest made be-
Myers against Farmers' State bank.
Error from DIxon county. Afllrmed.
Ragan , C.
A petition on n promissory note alleged
that the owner and holder of the note en
dorsed and delivered It to the plaintiff ;
held , equivalent to an express averment
that the owner thereby transferred the
title to the endorsee.
2. Where the maker of a note secures Its
payment by chattel mortgage and the payee
of the note endorses nnd delivers It to n
third party his failure to seize the mort
gaged property for the purpose of satisfy
ing the note even though requested so to
do by the sureties of the maker will not
of Itself discharge them. Huff ngalnst
Sllfe , 25 Neb.I4S ; ElcWioff against Elken-
bary , 72 N. W. , 303 , followed.
Amoskeag Savings Bank ag.ilnst Robblns.
Appeal from Buffalo county. Affirmed.
Sullivan , J.
It Is not n peed objection to the con
firmation of a s le of real estate made under
a decree of foreclosure that the notice of
sale did not accurately state the sum for
the satisfaction of which the 'land would
be sold.
2. The finding of the district court upon
conflicting evidence that an appraisement
was not fraudulent , will , ordinarily , bo
sustained.
3. When there Is no error In the appraise
ment of land sold under a decree of fore
closure the owner cannot complain because
the county clerk's certificate , furnished to
the sheriff , as required by section 491 of
the civil code , Includes the mortgages which
are the basis of the decree.
1. A foreclosure sale should be confirmed ,
notwithstanding the order of sale , Issued by
the clerk of the district court to the sheriff
or other officer directing him to execute
the decree , bo returned moro than sixty
days from its date.
Stewart against Demmlng. Error from
Gage county. Reversed. Irvine , C.
A party's own pleading In a case Is not
substantive evidence In his own favor of
the facts therein alleged.
2. An Instruction set out In the opinion
held prejudlclously erroneous for am
biguity.
Phcnlx Insurance Company nralnst Slo-
bodlsky. Error from Douglas county. Af
firmed. Ryan , C.
Where an Insurance company In Its
answer denies that It entered Into a con
tract for the Issuance of a policy of In
surance on plaintiff's property In the
usual , or In nny other form , such com
pany cannot bo permitted to offer in evi
dence a blank policy of the usual form
for the ijiirposo of showing the existence of
certiiln conditions , restrictions , and war
ranties , with n view to showing such
breaches thereof , as , by the terms of the
policy operated to render It void ,
Phenlx Insurance Company against Ful
ler , Error from Douglas county , Afllrmed ,
Ragan , C.
Where no Inquiries are made of an In
sured ns t3 the character or condition of
lils title : where ho makes no false repre
sentation as to the character and con
dition of his title , relying upon which the
Insurer Is Induced to nnd does Insure the
property ; where the' Insured has nn Insur-
nble Interest In the property ; the Insurer
accepts , nnd retains tha premium and a
loss occurs , then thp Insurer cannot escape
liability for Biich loss .because of the fact
that the Insured at 'jhp ' date of the policy
wis ; not Invextci ! wltn { in absolute and un-
Incumbered title to. ' th > Insured property ,
cvon though the nWky provides that It
shall bo of no validity unless the title of
the Insured bu \m9pndttlonnl \ unlmcum-
bered one ; -as In su6n 'case It will be con
clusively presumed ViKntnst the Insurer that
It Intended to und jlld ; Insure the Interest
which the Insured liudIn the property nnd
waived the provision , IA the policy provid
ing for Us Invalidity 'by ' reason of the Im
perfect title of the/lnsarcd.
2. Where a case lstrlld to the court with
out a Jury nnd u general finding made upon
which Judgment Is r6rtdered and in addition
thereto the court files 'u written opinion In
the case , such opinion. Is not un essential
iart of the record of the case when It Is
jrought hero for review.
3. The Judgment of.tlie district court must
stand or fall upon the statutory record of
ho case , that Is , the pleadings , the find-
ng nnd Judgment and the Ull of excep-
Ions made a part of the record.
4. In reviewing such case this court will
conclusively presume that the trial court
considered all the competent evidence be-
'ore It nnd decided all the material and
necessary Issues presented , though from
he language of tli'o written opinion the
ontrary should be mode to appear.
Holt County Bank against Holt County.
Error from Holt county , AJIlrmed. Itagan ,
The requirement of eectlon 121 of the
civil code is that a pleadfr shall state the
'acts ' which constitute hln cause of action
or defense ; nnd If the suit In upon a writ-
en obligation , then a copy thereof should
> e attached us on exhibit to the pleading ,
2. But where a pleader copies Into his
pluadlng the entire written Instrument upon
vhtch uls action Is "jaucd thla uatlsllOB the
JOBBERS FWD
OR OMAHA.
A GRICULTURAL IMPLEMENTS
I ininger &
u Hetcalf Co.
WHOLEsAi.r. DEALERS IN
Agricultti ral I w piemen is
liugglcs nnd Carnages. Cor.Gtli nnd 1'aclflo Sis
& Martin Co
Jobbers of Farm Machinery.
and Hues' ' " * Cor. Ith and Jonea.
ART GOODS
R.Hospe
Picture Moldings.
Mlrrora , Frames , Backing and Artists'
.Materials.
BOOTS-SHOES-RUBBERS ,
n merican Hand
M * * *
v
J *
V Sewed
M'frs | Jobbers of Fool Wear
Joseph Banigau Rubber Oo.
Rubbers and Mackintoshes.
1107 Howard St. , OMAHA
Bools , Shoes and Rubbers
Salesrooms 1102-1101-1106 Hnrnfy StmL
RUBBER GOODS
Owner ot Chief Brand Mackintoshes-
srse-Ss © § li © @ Co
t
Boots , Shoes , Rubbers
AT WHOLESALE.
Ofllce and Salesroom 1119-21-23 Howard 6U
BAGS
Onlia lag 6 ©
Importers aud Manufacturers
BAGS
614-16-18 South nth Street
BAKING POWDER EXTRACTS.
SYRUPS ,
Molasses , Sorghum , etc. . Preserves and Jellies.
Also tin cnna and Japanned ware ,
CHICORY
Growers nnd manufacturers of all forma of
Chicory Omoha-Fremont-O'Nell.
CROCKERY AND GLASSWARE
Sc S ;
Jtnporttr and Jobber
Crockery. China , Glassware ,
Bllver Plated Ware , Looking Glasses , Chan.
delloru , Lamps , Chimney * , Cutlery , Etc.
1410 FAHNAM ST.
CREAMERY SUPPLIES
Creamery Machinery
and Supplies.
Boilers , Engines , Feed Cookers , Wood Pul
leys , Shifting , Heltln ; ; , HtitUr 1'ack-
' ue8 ; ot all Ulnda.
007-909 Jones'st. -
requirements of the code , as the purpose
of the Hectloii is to Klve the opposite party
lotlee of the Instrument upon which the
cause of action or defcrso Is based.
3. A petition doH not fall to Htuto a
caudo of action simply because the wrlt-
: en obligation made the basis of the suit
s copied Into and madu n part of the pe
tition Instead of bcliitr attached thereto IIH
un exhibit ,
1. Hopkins ngalnst Scott , 3S Neb. , CGI ,
loldliifi the depository law of 1691 chapter
, session lawn id'jl not unconstitutional
for any of thu reasons therein alleged , ro-
nlllrmed ,
E. Where the Judgment Is the only part
of thu record of a former milt offered In
evidence It will bo conclusively presumed
hut the court rendering Urn judgment had
urlsdlctlon of the parties thereto.
Citizens' National Hank against Gregg.
Appeal- from Howard county. Affirmed ,
s'orvnl , J ,
Where costs have been Illegally taxed , the
appropriate remedy Is by a motion to relax
nado to the court where the alleged inlu-
ako occurred ,
2. A court of equity will not enjoin the
collection of n feu bill where all the legal
costs therein taxed have not been paid or
endered ,
Troup et a | against Horbich , Appeal from
Gage county. Unversed. Ilyan. C.
Owners of property have a. right In dis
posing of It to placci such valuation thereon
is they see fit , and If with HucM property
it an overvaluation they pay for capital
lock Issued to them by a corporation , the
excess above the real value of the property
annot subsequently bo treated by creditors
of the corporation ns never having been
mid , In the absence of fraud , misrepre
sentation , suppression of thu truth and the
violation of the obligations of law or
morality , express or Implied.
2. A purchaser of the capital stock : of a
orporatlon from one who has fully paid
or the same In property cannot be held
able to creditors of such corporation solely
n the theory that the property recognized
u a proper medium of payment had been
DRY GOODS.
H E , Smith & Go.
Importer * anil Jobbers of
Dry Goods , Furnishing' Goods
AND NOTIONS.
DRUGS.
lehardson Drug Co.
302-906 Jackson St.
J. 0. RICHARDSON , Prcst.
a V. WELLE K , V. Prctt.
T
31'frt SfamlijiM J'harmacmitltal Preparations
formulae J > to
tions Sgeeial r parml
Oraer. Xenil/er Catalogue.
Laboratory HI } Howard St , Omaha.
E. Bruce & Co.
Druggists and Stationers ,
"Queen Heo" Specialties ,
Cigars , Wlnra nnd Urnndlci ,
Comer 10th and Harner Street * .
ELECTRICAL SUPPLIES.
Gastipasiy
Electrical Supplies.
Kloctrlc Mining Bells nnd Gns LJphtlng
a.V. . JOHNSTON . Mcr. 1510 Howard St.
\VHOIESAL.E AND 11ETAIL.
ELECTRICAL SUPPLIES
UM Farnam St.
1 < RU1T-PKODUCE.
WHOLESALE
Commission Merchants.
9. W. Corner Kill nnd Howard Sts.
Membcro of the National I > eacue ot Commit *
Eton Merchants of the United Elates.
FURNITURE
WHOLKSAIJ3
Furniture Draperies
1115-1117 Farnam Btr u
GROCERIES.
13th nnd Leaven worth St.
Staple and Fancy Groceries
IU AND COFFEE ROISTERS , Etc.
WHOLESALE
FINE GROCERIES
I Teas , Eplcei. Tobacco anA Clear * .
I HOM407 Itarney Street.
IMPOUTKUS.
COFFEE HOASTIZRS
AMI } JOUIHNQ GROCEHS.
Telephone 3S2.
HARNESS-SADDLERY
IIAKNES3 , HADDI.t It AJflt COLLARS
Jobbers of Leather , liatliltrru Hardware , Xte
Wo solicit j'owr orders 1315 Howard St ,
HARDWARE.
Wholesale Hardware ,
Omaha.
Wholesale Hardware.
Bicycle * and Sporting Goods. 1319-U1-23 Har-
nuy etroct.
accepted ns payment by the corporation ns
too high a valuation.
3. Where u defendant , nn attorney-at-law ,
as such , signed the petition praying Judg
ment against himself , arid verified such pe
tition In which It was averred that ho owed
the plaintiff u ceita'.n sum , ho cannot In
the face of UICHO facto , on appeal , be re
lieved In the Huprtrnn court.
Iteynolils against State. Krror from Hall
county. Heversed. Norval , J.
Mere non-direction by the court below af
fords no ground for reveisal where a proper
Instruction covering the point was not re
quested.
2. An act which In Its purpose nnd scope
Is merely amendatory of u section of n
prior Htntuto , must net out the new sec
tion and In addition , contain a provision for
the repeal of the old section sought to be
amended.
3. Thu act of the leglslntnro of 1875
amendatory of certain flections of thu
criminal code , Including section 110 , re
lating to stolen goods ( session laws , 1875 ,
p. I ) , Is void , because It contains no pro
vision for the repeal of the sections amended
us required by section 19 , article II , of thu
state constitution adopted in 1MB.
HorUach against Troup , Appeal from
Gage county. PlmniHsed , Ilyan , O.
The record In this case presents for re
view the judgment of the district court of
doge county , denying the prayer of the
petition of appellant for a new trial In
the CUBQ of Troup against Horbach , As
the judgment In the case just referred to
has been reversed , we need not Inquire
Into the merits of this appeal , and accord
ingly It Is dlHminted at costs of appellant.
George against Cleveland. Krror from
Iluffalo county. Afllrmcd. llarrlnon. C , J.
The electors of the village of Bhelton , In
Uuffulo county , by a favorable vote on the
proposition , authorized the Issuance and
delivery of the bonds of the village to two
designated persons on the construction and
operation by nuld persons of a mill. Thu
persona named did not build the mill , but
entered Into u co-partnership with two
ottur partliii , under the name unil utyle
LIQUORS.
v * -
Waller Noise & Do
WUOU3UU3
LIQUORS.
rroprlelon of AXIKniCAN nOAIl AND CUASV
WAUU CO.
114-S16 South 14th fit.
tier's Eagie Gin
i *
East India Bitters
OeMln Sh af Pure Hy and Bourbon W1di * r.
Willow EprltiE * DUtlllery , Her A Co. , 1111
Itarney Strut-
frick &
Wholesale
Liquor Merchants
10011'nrnnm Street.
'iiey ' Brothers ,
Wholesale
Liquors and Cigars *
1118 Farnam Street.
WHOLESALE
Wines , Liquors and Cigars.
4U-41S a itth Utrect.
LUMBER
L ! b@r 0@ .
WHOLESALE
J-UMBER . , .
814 South 14th St.
PLANING MILL ,
Manufacture of doors , rash , blinds , odlco ,
flora unil falcon lUturcs. Estimates furnlthcj
on nny Ulnd or mill uork.
Tel. It79. Mill : Mh nml Davenport Ste.
OILS-PAINTS
asid Pain ! Co.
MANUFACTURED
Air Floated Mineral Paint
And Paints of All Kinds , Putty , Eta ,
1015 and 1017 Jonei Bt
: , A. Model , 1st Vice Pres. L. J. Drake , Oen Mgf
OILS
Gasoline , Turpentine , Axle Grease. Eto.
Omnha Ilrancli and Agencies. John D. Hutli Mgr.
PAPEK-WOODENWARE.
arpsnfer Paper Co ,
Printing Paper ,
Wrapping Paper , Sfationery ,
Corner 11th and Howard atreeta.
STEAM-WATER SUPPLIES.
IOM-10J6 Douelas Street.
Manufacturers and jobbers of Bteam. Qai an |
Water Supplies of All Kinds.
SuppSy Go
. . ,
1108-1110 Harney St.
Steam Pumps , Engines and Boilers , Pl
Wind Mills , Steam nnd PlnmblnB
Material , licltinc , Iloso , Etc.
TYPE FOUNDRIES ,
Type Foundry
Bnperlor Copper Mixed Type li the txit
the turrket.
ELECTrtOTYPE rOUNDJlT.
llli Howard Street.
TBLKI'HOM'J ' 10.3.
H. R. PENHEY & CO. ,
11O Board of Trade Bldg- . , Omaha , Neb
GRAIN , PROVISIONS , STOCKS
Drincli Offlce. 1028 N Su Lincoln. Nob.
Weare Commission Go
01,11 COMIXV IHJIM > 1.OIIIOAOO. .
Members Chicago Hoard of Trade slnco H62.
drain , Provisions anJ N. Y. Stocks.
Orders Cosh and Future Delivery Solicited.
Onialui OJIIuo , Itoiin l , \ , V. llf ;
. . . . 'I'lionc 0(11. ( . . ,
KIOYn J. OAMI'IIKM , . JInnuirer.
JAMES E BOYD & CO. ,
Telephone 1039. Omulin , Neb
COMMISSION ,
GRAIN , PROVISIONS and STOCKS
HOARD 01' TKADII.
nirei-t wlrrn to Chicago and New York.
Correspondent ! ) John A.Vamn A Co.
of the Bhelton Milling nnd drain company ,
and the company built and operated the
mill ; held , that the voters of tha vlllitua
could demand the strict or literal perform-
uncu of the contract , und the erection untl
operation of the mill by the co-partnership
wan not , such it fulfillment of the compact ,
and did not entitle either the company or tbo
two persons named In thu proposition up-
proved by the voters at the election to de
mand and receive the boniU ,
- . # * >