G
TIIID OMAIIA DAILY BEE: MONDAY, MAHCIl 20, 1000.
CLEWS' FINANCIAL LETTER
Monetarj Conditions in Wall Street Sizid
Up by an Expert.
FINANCIAL ATMOSPHIRE MUCH CLEARER
New York Kniilill)' HIhIiik Into I'rniii
Inviice nn n Mom)- Center Coii-
tiintl) (irimliiK l)eiiiiuiil (or
Our IIcmI Scotirl Urn.
NBW YOIIK, March 23. (Special.) Henry
Clews, head of the banking houio of Houry
Clows & Co., writes:
Thn finnnclnl atmosphere ban been
Rroatly cleared by this week's develop
ments In Third Avenue. Now that tho
road hnfl been absorbed by the Metropol
itan Htrcet Hallway company, and tho
tock has again rlicn to par, there Is less
fear of disastrous conf"oiiionces In tho
Htrcct, except to the. Indiscreet bear op
erator who ventured too boldly on tho
fihort aide. Tor thu latter there has been
very llttlo sympathy, although the losses
liavo been unusually severe anions porno
of thu professional traders. Tho coup Is
likely to havo u further beneficial effect
In that It removes points of friction be
tween certain large capitalists and leaves
ahem free to operate In other miartcrs.
iFor weeks past tho market has been In
active nnd unpromising, largely becauso
of Inharmonious relations between somo
of tho larger Interests, and tho removal of
these differences Is Inevitably a. favorable
factor, tho effect of which Is wen In tho
HharD rlso In other than the traction Is
sues. In the general market there If a strong
undertone, which would bo more safely ex
pressed In tho present rise If tho April
xettlcmcntH were safely passed, Until those
lire over wo arc exposed to sudden strin
gency In money rates and conrvuuent re
actions In stocks. On tho other bund, gen
eral conditions favor a substantial lm-
firovement In values. Large railroad earn
nsn havo become such an old story that
thtlr effect upon values la overlooked,
lint Inter on this all-Important fact must
exert Hi" duo Inlluence upon tho market
for railroad shares. As wo havo repeat
edly stntetl, those shares which have re
cently Joined the dividend tlst, or nre soon
likely so to do, offer tho best Inducements
ior purchase, Tho old seasoned dividend
imyurn nre now so tightly lield at high
prices that they offer no nttrntclons to
tho nverago Investor, whllu Issues of rc
orgaulezd properties that are In good phys
ical and llnanclal condition arc likely to
feo much better llgurca than those which
rulo today. It should also bo remembered
that tho supply of good railroad share
la steadily declining, nnd our railroad sys
tem Is so fully developed that there Is
llttlo prospect of any considerable Increase,
tho growth of branch lines and terminals
lielng a comparatively small rourco for
tho creation of now securities. While thero
Is thus little prospect of largo new offer
ings, tho supply of funds seeking Invest
ment must bo rapidly Increasing. This
factor should not bo overlooked an n bull
Argument for the long run. Merchants and
manufacturers aro all experiencing prosper
ous times; they will have more funds than
usual to Invest, nnd when tho rush of
liuslneos abates sultlclently to permit them
rorno attention to outside, affairs they will
come Into Wall street as Investors or spec
ulators much more freely than now. or
eourso tho approaching cessation of the
Transvaal war nnd the new currency bill
nro favorable events of consequence,
though somo parties entertain exaggerated
notions of their Immediate Influence uuon
tho market.
Noiv York to Iie front.
New York In rapidly rising In proml
nenco us a llnanclal center, The railroads
of the country long ago made their llnan
clal headquarters In tho precincts of Wall
street, much to tho disappointment of somo
of our sister cities. Now tho great Indus
trial combinations are coming here, anil
more will follow, from the same Irreslstlblo
tcntlenclen wiileli brought the railroads,
wlillo tho latest cvldenca of (lnnnelnl di.
vclopment Is tho placing of forelsn loans
nn thL.4 market. Itussla Is understood to
havo recently placed JM.OOO.OOO.of bonds over
nun', miu, wiiiio mis amount wns noi in
tho ordinary sense a loan being taken In
payment ror raiiroail materials or to se
cure life Insurance privileges In Russia
MIU thn transaction Is slcnllicant as show
Ing nn entirely new disposition of Amer
ican capital to seeic investment in for
eign government securities. The offer here.
of $50,000,000 In subscriptions to the Urltlph
war loan was still more remarkable cvl
denco of this tendejicy, although only a
I'nmll percentage of these offers will bo
accepted, Thero Is no reason whutever
why Bomo of tho better class of foreign
-government securities should not nnd iv
fair market here among Institutions wbo
wish to Invest In tlrst-clnss securities, but
who find United States bonds too high
for purely Investment purposes. Some of
our nblcM. financiers apparently nnnreclato
this fnct as well as the advantage of having
a market over hero to facilitate u readier
cxchati-n In Such securities.
Tho market will bo materially benefited
now that tho Third Avenuo cr'rple has
been nut Into tho hospital to bo taken
caro of. Tho tock of tho Third Avenuo
must bo regarded, for some tlmo to come
nt least, as a minority non-dlvldcnd nro
erti', sj It will be nt tho mercy of a cor
poration which controls a majority of tho
t'tock In perpetuity. Tho strength of the
general market has been pretty thoroughly
tested by tho fall of Third Avenue from
212 this tlmo last year to 45 recently, and
8ugar from H2 to 95 during the, tamo
time. Tho 111 effects arising from the.o
two adverse factors have been fully ills
counted In the market and tho good divi
dend-paying proix-rtics nre now in a posi
tion to udvnnco In response to tho grow
ing demand for them from Investors. When
the South African war terminates, which
mny bo tho case nny day, American se
curities will be, wanted on the other ddo
In largo amounts, and tho immenso wealth
that has been created, and Is continually
being added to In nil business under
takings In this country, will nlso havo to
peek Investment. This constantly growing
dem ami ror our nest securities cannot ran
to enhance their value.
I'orelitn l'liiuiit'lnl.
LONDON, March 25. Tho tone of tho
biock exennngo insi weeK was more cneer
ful. Thero was a decided Increase In bust.
ness, ptlmulatlng tho hopo that tho long
expected revival 'had como at last. Money
must bo cheaper, however, beforo there
can bo a thorough materialization of this
Jione. but tno prosnects are distinctly en
couraclng and thero Is moro elasticity ns
well as "go" about tho market, Tho new
loan closed firm at and tho premium
will go lilghor when thu selling by small
aiiotteea is over.
Americans wero very active, Tho mar
ket closed firm, with material Improvement
In somo cases. Denver & Illo Ornndo
common rose Hi points, Denver & Illo
Q rami o preferred Baltimore & Ohio
common 1, Baltimore & Ohio preferred Hi
nnd most others fractionally. On tho other
hand. Norfolk & Western fell U point
Heading llrstH Vi, Union l'aclllc preferred
K. Tho moro favorable war news has
given 11 bctter' tone to mines. Tho nubile.
In showing n disposition to uuy and certain
operators aro moro in oviuenco, 'inn cniei
movement hns been the rise In Hands,
which, after rising Hi points, declined to
37 3-16.
Money closed strong, Call money, 3 per
cent; discounts, harder at 3- per cent,
MADRID, Mnrch 25. The Hank of Spain
report for tho week ended yesterday snows
tno roiiowmg ennnges; uoui in nana, in
creased 22S.0O0 penetas; silver In hand, In
creased 4.8'.!5.00a nesetns: notes In clrculn
tlon, decrensed 4,026,000 pesetas. The gold
nuotatlon yesterday was su.ii.
I1BRLIN. March 25. Tho quarterly set
tlcment Is making unusual demands upon
tho German money market, through tho
high rates for a prolongation of money
Oiavlng been tho most striking feature last
week. A part of tho cause was tho fact
that tlio banks wero accumulating for
tho payment of tho yearly dividends. Tho
end of tho week saw n sllzht Improve
mcnt In tho situation. AVarnlnns to snoc
ulntlve Industry ti go slow havo multiplied
of late, Herr Koch, president of tho
Holchsbank, announced In tho Helchstng
inni tno nign rates ror money wouiu con
tlnutf, owing to tlm heavy trado demands,
St. Louis Rrnlu mill Provisions,
ST. LOUIS, March 24,-WHEAT-Steady
No. 2 red cash, elevator. 70yjc; Mnrch, 70'4c
May, G9Wc: July. 65c: No. 2 hard. 65J66c.
CORN Klrni: No. 2 cash, 36c; track, 37
37Vo: March, 36c; May, Mc: July, 36c.
OATS Kaay; No. 2 cash. 23cj track, 2J,i0i
..-Hie: aiarcn, .May, -ic; juiy, zzftc
rti. s wnue, lie.
RYK-Knsv at 64Wc
FIA)tIR Quiet and unchanged.
BKICDS-Timothy, steady; ordinary, J2.00
iirx, nominnny n.t;.
CXHINMHAI-Steady at J1.93W2.00.
HRAN ririn; sacked lots, cast track
HAY-qulet; timothy, J10.00O12.00j pral
no, o.twin..a.
WHISKY-Steady nt J1.2U4.
IRON COTTONTIK8-J1.30.
HAnaiNO-Hti"Sc.
HKMI T WINK 9c.
l'ROVISlONS-Rork, steady; Jobbing,
old, JU.60; now, J12.00. Iard, lower; prlmo
steam. 16.90: choice. J5.9G. Dry salt boxed
meats, easier: extra shorts. J6.37V4: clear
tides, J8.Gi',i. JJacon, boxed, esler; xtra
shorts, t5.S7H: clear ribs, 7; clear sides,
J7.12'.
MliTALS-Iad, steady at M.57HOI.CO.
Spelt' r easy nt II TT'yi.tO.
POI'LTRY-Htendy; chickens, CQVic;
turkeys, G41iS"v; duck?, 8c; geese, SHfiOc.
Kfl8-low-r nt 9Vtc.
Ht'TTKH Steady; creamery, 20U21',ic;
' VtVxM:?pTS-KIour, 6,000 bbls.; wheat, S.000
bil.; corn, 157,000 bu.; oats, 37,000 bu.
.HHII'MKNTS-Flour, 7,000 bbls.; wheat,
11,000 bu.i corn, 46.WO bu.; oats, 15,000 bu.
CHICAGO (JH.VI.V AM) IMIOVISIO.NH.
1'Vnturrs of (lie TrnilliiK nnd Closing
Prices on Nntiiriliiy.
CHICAGO, March 2t.-3trcngth derived
by wheat from the early corn firmness nnd
higher cables today slowly ebbed later un
der tho Inlluence of lower export bids and
other bearish considerations, May closing
only a shade over yesterday. May corn
closed a shado down nnd May oats n shade
Improved. At tho closo tho provlrlons mar
ket wad depressed.
Under tho domination of higher cables
from both Liverpool nnd I'nrls nnd tho
Btrength of corn May wheat opened ?ic
over yesterday at fiuTGf6c. Trade for a
tlmo was fairly active, shorts covering
freely. Today's cash business amounted to
310.W) bu,, but It was reported done at I
lower prices than yesterday. This together
wun larger receipts anil mo smaii clear
ances, 'tho good weather and the fact that
corn failed to h61d Its early ndvantaeo,
caused h reaction Hnd the close, was rather
heavy, May. only u rhndo over yesterday at
KKp. Now York rennrled 10 loads taKeu
for export and most of tho cash sales hero
were for the other side. Clearances In
wheat and flour were 115,000 bu, 1'rlmnry
receipts wero 650,000 Int., compared with
497,000 bu, Iat year. Minneapolis and Uu-
luth reported 635 cars, against 641 last week
and 451 a year ago. I.ocal receipts were ik
cats, 0110 01 contract trime.
With Liverpool HiWl'.id up, light country
offerings nnd a good outside demand corn
gave an exhibition of obstlnnto perversity
by slowly sagging from tho advanced po
sition assumed at the opening, which was
He up for Mny at 3SHUHc The loss lit
prlco was duo to persistent profit-taking by
longs, Cash burtness was rather slow,
amounting to only 85,000 bu. The first half
hour tho market was broad nnd active, but
after that It was quiet and rather narrow.
May declined to 37ic closing heavy at that
price, a shade under yesterday, locnl re
ceints wero 478 cars, 3 cars over tho esti
mate. Chicago is expected to Increase 60J,
000 bu. , , ,
Tho oats market was, an usual, of minor
Importance, Tho early strength or corn lm
ri.wl n Hiinnnrtlnir Influence nnd the slug-
lit, tnt lr ihni nit titi'flkellPtl tOO late tO
the fa-t that corn wns retreating, and In
consequence the oats market closed firm.
laical receipts were ziv cars, y imww
from 2IT124Vtc to 2IUil2IUo and closed a
shade up at 21V6c.
Tho trado In provisions was not large.
There wna connldcrablo prollt-toklng and
some selling by pacKers, nnti even u u
sttength or corn was of llttlo Inlluence.
Prices at tho yards wero lower und ship
ments of product under last year s. May
pork sold from J11.87V4 to J11.72K nnd closed
Vic down at Jll.72',4; May lard from J6.25
to J6.K). closing btHW lower ai . "
May rlbii from JS.33 to JG.30, with tho closo
Ve oown ai jn.jiyj. .0
I...,ilmi,! rnmlnla MnndllV! Wheat. 43
cars; corn, 575 cars; oats, 215 cars! hogs,
33.CO) hand. , . ,, ,
Tho leading rutures rangcu in mi"""
rtlcles.l Open. I High. Low.
Close.l Ves'y.
Wheat I
Mch.
C5H C5',;
65(6.V,4firf4
COVilCO'AO'
3CUI ECU
37il37;'ri
38'38i.ifi'4
May
July
65fiCC
CO
07
65!4fT'
leoTi'uui
66 V4!
C-. -
I
Mch,
May
July
Sept.
33
37-M
3SM
3S',4l
,3S-lVs
39H
384
38
S8)i
(lots
May.
July.
nrk-
May.
July.
May.
July.
24Vi2H4Vi
24
2IU
!l 5TV4
23 U
23 ff'.i
23
23 V(.;22Tii23.
11 85
11 S7,i
11 72V4
11 72W
11 fO
11 C2',4
C 27'A
0 35
6 35
6 5
11 C2V4
11 67Vi
11 W
C 20
G 30
G SO
G 30
11 62V41
0 25
6 35
6 35
0 35
C 25
0 20
0 3)
6 37V4
Ribs-
May.
July.
C 3f
0 32H
G 37V41
0 32',4l
No. 2.
Cash quotations wero ns follows:
FLOUR Steady; winter patents. J3.I01J
3.00; straights. J2.!Wi3.30; clears, J2..0i3.oo:
spring specials. W.so; patents, m.iuuj.u;
HtrnlgUlH, ;.wJrUJ.vu; oaiicrs,
WHEAT No. 3 spring, -bijiWOHc; imo. s
red. 6SV4c. .
CORN No. i, ai'ic; ino. . yeuow, uww
37ie.
OATH ISO, zliViV, sso. wnue, iu.vu
7e; No, 3 white. 26&27c.
RYE No. 2. 6t'.Ac.
HARLEY' No. 2. 38043c.
SiOEDS Flaxseed, No. 1 and northwest,
S1.CS. Prlmo timothy, J2.I0?2.U Clover,
emit met tirade. J8.10.
PROVISIONS fliess porK, per uni., u.iuw
11.75. Lnrd, per 100 ins., ju.oaiiu.ai. nori
rl Hides (loose). SU.KilU.M. urv sullen
shoulders (hoxed). Jo.lvuu.5U; short clear
a lie Mliixeil). ir.fjyiiD.W.
WH IS IvY Distillers tinisneci goous, on
basis of high wines, per gal.,
HtjaARS cut loat, u.w; granuiaiea,
13.il
Following nro tno rcceipxs nnu snipiiieiiiB
for today;
iieceiuis. ouiii huh,
Vlnur. bhls 33.000 67.000
Wheat, bu 25.000 128,000
Corn, bu 355.000 111.000
Oats, bu 284.000 212.000
IlyO Mil ,u,v r
Hurley, bu 54,000 14,000
fin thn 1'mduco exchange today the out
ter market was steady; crcamorles. 19M23Uc;
dairies. I6Si22c. Cheese, nrm at isuiiic,
Eggs, steady; fresh, lOftiovic.
OMAHA WIIOLKSALK MAllICBTS.
I
Condition of Trnilr nnil Unntntlona
nn Simile nnd Kfiiicy Produce.
EGGS Receipts Increasing; fresh stock,
weak at 10c.
DRESSED POULTRY Choice to fancy
turkeys, 9?10c; ducks, 8B9c; geese, 889c;
spring chickens, 9ffll0c; hens, 9010c; roosters,
4ijCc.
LIVE POULTRY Hens, 8c; spring CHICK
ona Rc! voiintr. stnccv and old roosters.
365c: duckB, 7Q1V4c; geese, 7C71,4c; turk
eys, sc.
HUTTiSit uommon to tair. iumic; enuicr,
175J18c; separator, 25c; gathered creamery,
PIGEONS Live, per doz., JL
VRAI.S Choice. niflOc.
OYSTERS Medium, per can, 18c; stand
ard, per can, 22c; bulk standard, per gni.,
I1.2a; extra selects, per can. 30c; extra so
ifftu n.r tr.il.. il.60Wl.75; New York counts.
per enn, 37c; Now York counts, per 100. J1.25.
FISH Herring, per lb., 6c; round perch,
6o; sun, 60; cod, oc; nnddocx. tc; diuo pinn,
6c; scaled and dressed perch, 6c; clscoes,
Cc; medium dressed trout. 7Wc; cropple,
7Mc; pickerel, 7!o; finnan baddies, VAq;
whlto nsn. vo, yenow pikc, urcjitu, vu,
small trout, dressed, 9c; red snapper, 9o;
smelts, 9c; smoked white fish, 9c
HAY Per cnrload lots: Upland, choice,
JC; midland, cnolce. J5.60: lowland, choice,
No 1 white 'off c- cracked corn. I cr
inn 111 : onrn nnd oats chopped. per ton.
in fen bran nor ton J13 V shorts Ecr ton
J13.50. bran, per ton. 13.W. snot is, per ton,
VEGETABLES.
ASPARAGUS-CnUfornla. per lb 15iT17c.
NEW TURNIPS Per doz. bunches, 60c
SPINACH-Per box. SI. ,.
NEW HEETS Per doz buncnes. 40QWc
LETTUCE-Per doz. bunches. 40c; fancy
head lettuce, per bbl., S5.
RADISHES 1'cr doz. uuncnes. )C. ,
SWEET POTATOES Per bbl.. Illinois.
JS: Jerseys, J5; largo bbls., Kansas. J2.75.
POTATiiria 1 er uu , cnoicr. jvuivt.-.
CAHHAGE Holland seed, 3o; new
California, per lb., 2,ic
CAULIFLOWER California, per crate,
J150JIC.75. . . ,
Uia.lJH v rer aoz aujuc; uniuomia, pvr
bunch, 404T75C.
TURNIPS nutnbngas, per lb., Hie.
TOMATOES Florida, per six-basket
crate. J3.60.
MUSHROOMS-Per lb. box, 60c
RHUHARn Per lb., 809c.
ONIONS-Relnll, yellow, 75c; red, S5O90c;
Ohlos, per bbl., 12.25.
FRUITS.
STRAWBERRIES Few arriving from
Texna and Florida; per qt., 4560c.
APPLES Choice western shipping stock,
Sl.50; New York stock, S4.50: fancy, J5.00.
GRAPES Malaga, per bbl., J7.O04I9.O0.
CRANBERRIES Jersoys per bbl., J10.50;
per crate, J3.60.
TROPICAL FRUITS.
ORANOES California, fnncy navels, per
box, J3.25W3.60; choice nnvels, J3.00; Cali
fornia seedlings, per box, J2.60fl2.75.
LEMONS California, choice, per box, JJ;
fancy, $3 00; Mcsslnas, choice, per box, J3.60;
ffincy.
BANANAS Per bunch, medium, SLT6J?
COO; fancy, $2.252.60.
HIDES.
HIDES No. 1 green hides, 7c; No. 2
green hides, 60: No, 1 Billed hides, 8c;
No. 3 suited hides, 7o No. 1 veal calf, 8 to
12 lbs., 9c; No. 3 veal cilf, 12 to 16 lbs., 8c.
MISCELLANEOUS.
HONEY" Per 24-sectIon case. S3.S0.
NUTS Hickory, large, per bu., J1.25;
Bhellbarka. Sl.SS.
I) ninth Grain Mnrket. .
DULUTH. March 24. WHEAT No. 1
hard, ensh, 66c; May, 67c: No. 1 northern,
cosh, CI Tic; July. 66c; No. 3 northern, C2Hc.
No. rln, 6Hfc
OMAHA LIVE STOCK MARKET
Not
Enough Cattle in the
Make r Market,
Yards to
ONLY ONE FRESH LOAD OF SHEEP HERE
I.lhrrnl Itorelpt of Hogs for I, nut lilt)'
of tlie Week nnd 1'rleen Sliutv u
Considerable Advance
Over l'rldiiy.
SOUTH OMAHA. Mnrch 21.
Rccclnts worn! Cut tic. Hogs. Sheep
Official Monday 2,120 6,101 3,3o3
Ulllclal Tuesday 3,501
Olllclal Wednesday 2,788
Official Thursday l.sn
Ofllcial Friday 2,170
Olllclal Saturday 431
11,421
8,503
6,879
6,621
8,311
6,10)
6,877
4,001
2,209
171
Total this week 13,271
Week pfitllnir vrh U...HM
46,031
41,469
39,109
23,074
27.3S5
ks,wo
30,973
Week ending March 10... 9,613
Week ending Mutch 3.... 9,915
40,901
Average price paid (ur hogs for tho last
several days with comparisons!
11900,
1S99.93.1837.1896.1S95.1894
March 1.
4 68
i i 3 7S 3 60:
4 V
4 69
4.77
4 77
4 71
4 l
4 71
4 72
4 W
t
4 01
4 60
4 3
4 3i
4 47
4 43
4 31
t 36
4 33
4 41
4 4?
4 49
n ,..
1 ,tarci. 3
1 March 4-"'
I March 6
( March G...!
1 March 7
.March s
4 66
3 69
4 C)
4 74
3 67
3 Ul
3 52
3 87
3 82
3 43
4 70)
3 54
3 65
4 71
4 72
3 60
3 89
8 76
)MHrth a
3 63
3 67
4 71
3 68
3 76
3 601
March 10.,
4 73
3 63
3 69
3 so;
3 79
3 C6
3 61
.March II...
March 12...
March 13...
March II...
March 15...
March 10...
March 17...
March IS...
March 19...
March 20...
March 21...
March 22...
March 23...
March 21...
4 76
4 79
3 71
3 G9
3 70:
3 78
3 G2
3 63
4 75
I 79!
4 851
4 91
I
4 9
3 59
3 05
3 G5
3 68
3 SSI
3 6S1
3 70
3 87
3 91
3 !$'
3 94
4 00!
3 71
3 73
3 Ti
3 861
4 81
3 66
3 C0
3
3
4 StV
3 9S
4 DO
3 G3
3 76
3 91
4 92l 3 CO
3 71
3 93!
Indicates Sundny.
Tho olllclal number of cars of stock
brought In today by each road was;
iaiuo. noss. on p.
C. M. & St. I,
ny
6
1
O. fc St. L. Rv.
Missouri Pacific Ry
I'nlon Pacific; system 4
C. & N. W. Ry
I. 15. & M. V. R. R 1
C, St. P.. M. & O. Ry 1
R. & M. R. R. R
C. It. & Q. Ry
K. C. & St. J 11
2
36
1
32
7
17
8
"8
iis
C H. I. & P. Ry., enpt.... 2
Total receipts 20
Tho disposition of the day's receipts was
as follows, each buyer purchasing tho num
ber or head indlcateu:
Ruvers. Cattle. Hogs. Sh'p.
Omaha Packing Co.; 30 1,090
O. II. Hammond Co
1,411
1.765
2,685
1.75S
Swift nnd Compnny 41
Cudahy Packing Co 72
149
Armour & co
Omaha P. Co.. Kan. City. 85
Cudahy, Knnsas City.... 153
vansanl fi Co s
H I & Huntzlnccr 8 ...
Other buyers 31 .... -J
Totals 433 8,739 172
fA.Bnf Km few limits of cattle re
ported In tho ynrds there were seven loads
rfiront in Pmlnhv nnil four loads to the
Omaha Packing company from Kansas City,
so that mere were noi cnougn raiuu uu
sale to make any test or tne mnrsei. 11
wnH a irood deal like a holiday In tho yards,
as usual on n Saturday. ' ,
During the last half of this week the
enitle mnrket has been In fair shape for
tho sellers nnd values havo snown con
siderable Improvement as a rule. lieef
steers cun safely bo quoted 105715c higher
than tho closo of tho previous week, tho
iiet enttln showing tho most Improvement.
Tho demand tluring uie nmer nnu 01 mo
ueek was of liberal nronortlons on tho part
of local packers nnd tho feellny on tho
mnrkct wns quite Bou, witn ins movemeni
fairly active. ....
Good kinds of cornfed cos and heifers
showed Just about, the same Improvement
na fnt steprs that Is. lOii 15o for the week.
At tno samo timeline mcuium Kinus 01 cows
wero sateiy ioii"c nigucr. vumiuuu kuihh
of canners wero fully 23c lower for the
week, but thero nro not many coming Just
nt present, so thnt tho dccllno does not cut
so much figure.
Tho season Is getting a llttlo lato for
heavy bulls and they wero rather idow all
the week and the mnrket did not show any
Improvement. In fact It could not bo quoted
moro than steady. Light weight fat bulls
were In a little better demand und fur that
reason they sold to better advantage. Stock
bulls, If choice, seem to be In pretty fair
demand, but as a matter of course tho num
ber coming forward nt this tlmo Is small.
Stackers und feeders havo not shown much
chnnge this week. The market has boon
Just nbout steady from day to day. Tho
scarcity of corn In somo sections has been
tho cause of the canceling of n good many
orders for half-fat cattle to bo finished In
tho country. At tho same tlmo there has
been a fair demand, so that prices havo
been well maintained all tho week, ns noted
above.
HOGS For tho last day of the week thero
was a good run of hogs, but for all that
the market, under the Influence of tho good
demand and the favorable advices from
other selling points, showed some Improve
ment. Prices wero about 2',4c higher, con
sidering quality. The trade was reasonably
nctlvo and everything was disposed of In
good season. The bulk of the hogs sold nt
J1.92H'fr4.95, as against J4.90 yesterday. It
will be remembered that over half of all
tho hogs sold yesterday at J4.90.
Tho hog market this week has been high
nt both ends and low In the middle. The
week stnrted out with a decline of 5c. On
Tuesday It was a shade lower and on
Wednesday 5c lower. Wednesday proved to
be tho low day of the week. the. hogs selling
on nn nverago So lower than on Mondny.
During the balance of tho week tho ten
dency of tho market was steadily upward.
At tho close, as will be seen from the table
of average prices, the market was closo to
6c higher than It was on Monday and
almost as high as at tho closo of tho previ
ous week.
SHEEP There was only one load of culls
here today In other words, nothing to make
n test of the market.
Tho sheep market has been steady all this
week and the demand trooil. Sunnlies have
been reasonably large but none too much
so for tho demnnd. Light or hnndy weight
sheep hnve been the best sellers, whllo big
heavy sheep wero on some days a little slow
to move.
Lambs for tho week could safely be
quoted lOfilSo higher nnd fairly
nctlvo at tho advance, There wero n good
many Colorado and westerns In during tho
week which sold nt prices entirely satis
factory to owners,
Quotations: Choice handy weight year
! lings'. JG.SMiti.00: fair to good yearlings." J5.65
.; good to choice wethers, J5.66fi5.S0; fair
Kovd wethers, Jo.35S5.60; good to choice
fp(1 c $5.0Mi8.25; fair to good ewes. J4.60
lings, jii.iMwis.iii; good to cnoico ten year
(TiS.OO; good to cholco native lambs, I!,501?
7.00; good to cholco western lambs. $6,801?
7.00; rair to goou western lamns, jb.so-icg.w;
feedor wethers. Jt.6O5i6.00: feeder yearl nits.
J5 OOfiG.eO; good to cholco feeder lambs, J5.25
(UU.W.
CHICAGO 1,1 VIS STOCK MARKET.
Cnttle .Vontliinlly Stendy Hiik" Open
Stronit mill Slinde Higher.
CHICAGO, March 2I.-CATTLE-Recelpts,
200 head; nominally steady; natives, good
to prlmo steers, J4. 90416.80; poor to medium,
J4.101M.7G; selected feeders, S4.O0-l.76; mixed
stackers. S3.60Q3.S3; cows, J3.00JI4.15; heifers.
J3.104J-I.CO; canners, J2.16tf2.60; bulls, J2.5O0
4.20; calves, SI.004JO.00. Texans, receipts for
week, about 4,000 head: Texas fed steers
closed strong ut S3.804Jo.00; Texas bulls. S3.00
(U3.UI.
liuua iteceints. toaay. iimw neon: .Mon
day, 2S.0OO head, estimated; loft over, 2,500
head, opened strong and n shndo higher;
closed weak: mixed und butchers. Sl,95(fr
E.22U: cood to cholro heavy. J3.03W5.2G: rough
heavy, i.wo.iw; ngnt, n.yo.ia ouik or
sales. Jj.104iG.20.
SHEEP AND LAMBS Receipts, 4.0W
heail: steady: good to cholco wethers. J5.C0
B.w; rair to cnoice mixeu, i.(tio.ixi; western
sheep, J5.404iu.oo; yearlings, u.wii;.ta: native
lambs. J5.2Mr7.3o: western lambs. J5.004i7.35.
RECEIPTS This week: Cattle. 45.000
head; hogs. H2,oo) head: sheep, 68,500 head.
Last week: Cattle, 46,000 head; hogs, 151,000
neau; snecp, 01, wu neau,
lCnnsns City Live Ntnok,
KANSAS CITY, March 21. CATTLE Re
celnis. SCO head: market acttvo and steady
week's supply sutllclent; all classes of
Blnughterlng stock. lOffSJc higher; stockers
and feedtirs, steady; heavy native steers.
Jl.iMiu.40: lightweights. 11.20110.00: stockers
and feeders. J3.504j0.23: tHitchers' cows and
heifers. J3.254.65: fed western. S .00414.75
western feeders, S3.604J4.60; Texnns, J3.504JI
1.7B.
HOGS Receipts, 4,600 head: market strong
to zVfcc mgner: excellent demand on an
classes for week ut slight advance; htavy,
Jl.9o4iO.OH4; mixed, J4.864jO.00; light, M.CC4H.90;
pigs. S4.604j4.76.
EEP AND LAMBS ReceloU. 2.000
tiead; good demand at steady prices; supply
3 SS
3 74 3 U)
S 80 ,
3 8 3 91
3 83 3 81
3 79 3 92
3 80 4 (0
4 06
3 81 4 03
3 84
3 82 4 10
3 80 4 16
3 79 4 20
3 82 4 28
4 38
3 77 4 27
3 83
3 SI 4 40
3 71 4 41
3 67 4 36
3 71 4 42
4 46
3 75 4 50'
3 65
Insufficient, last week's valuta fully main
tained, spring Inmoc? 8.50, Colorado fed
lambs. $ti.tfii.:,0; yearlings. J5.&M16.10, mut
tons, rUOfj&fo, stcMKlrV and feeders, ll.OlW
6.60; culls, 13.0044.00: -...
T fi-
St, I.oulftCfilvr Stock.
ST. LOt'IS. Mnreri 2I.-CATTLH-Hc-celpts,
ICO head; market steady; native ship
Pins and export slrCrs, Jl.T0Ti8.75; drcstvd
beef and butcher Wtc-ers, J3.So.ji6. 00; steers
under l.ona lbs. f.V.lnni.ia: Htncknrs nnd
feeders, Jl.35fi4.S0; cows and heifers, J2.00
a.Wl canners. Jl.EKf'.85:
uuiip, j.whi.iv;
Texas and Indian stfvrs, J3.4504.S5; cows
ami neiicrs, J2.303.C3L
HOGS Receipts,1 ?i300 head: market
steady; pigs and lights, J4.95if5.0G; packers,
JI.5KVii6.10; butchcrii. ,J.ll0fl6.Z3.
8HHH1' AND LAMUS-Recelpts. POO bend;
market nominal; native muttons, J0.WiS.S3;
lambs', JG.0Ofr7.25; spflng lambs, JS.50(U'12.CiO;
culls and bucks, J3.79t6.0O.
Tim York Live Stock.
NEW YORK, March 2I.-HEHVKS-Re-celpts,
3,639 head; no trading; feeling
steady; cables quoto American cattle firm;
refrigerator beef higher at 10c per lb.j ex
ports, 72S cattle and 6,175 quarters of beef;
tomorrow, 360 cnttlo and 4,0ST quarters.
CALVES Receipts, 293 head; very llttlo
trade; lower; veals, common to fair, J3.ootp
'sifEEI' AND LA M US Receipts, 1,193
nnnu s nn lint tr.niiv! tiritn sneen. u.i'.: .
prlmo to choice lambs. J7.901fS.12i4.
HOQS Receipts, 1,320 head; nominally
firm.
.St. Joseph Mc Stock.
SOUTH ST, JOSEPH, March 24,-(Spe-clal.)
The Journal quotes:
CATTLE Receipts, 100 head; market
steady and demand strong.
HOOS Rocelpts, 4,700 head; market steady
to 2',5c higher; all grades, J4.9O16.10; bulk of
sales, J4.9ii4TJi5.05.
siiciii' anu I.AMHS ncceipts, iw neno;
market steady; lambs, J5.00ii7.05; yearlings,
J5.355i6.30:
J; sheep and yearlings, Ji.imb.,o;
ewes, JI.0CK06.25.
Stock III .KlKllt.
Following ore the receipts nt tho four
principal western markets for March 24:
Cattle. Hoes, Sheep.
South Omaha 4S4 8,344
Chicago 200 lO.OuO
Kunsus City 860 4,500
St. Louis 100 2,300
2,li5
TotulB 1,611 25.1U 7.071
IIOIIKM.UIIK HITS AT M 1TUHIAI.ISM.
Clinncellor'n Speech nt Variance tvlth
Hint of the IvnUer.
UERLIN. iMarch 25. Prince Hohcnlohe's
toata at the luncheon given to tho bl-ccn-tennry
delcgnttH In which ho deprccnted tho
growing materialism which, ho said, re
minded him of "certain processes of animal
life," and expressed tho hopo that science
would continue to counteract gross ma
terialism, Is commented on vigorously by tho
Gorman press.
Tho National Zcltung today says tho toast
will renew tho agrarian attacks on tho Im
perial chancellor; but, fortunately, tho gov
ernment, whoso ,'head ho Is, makes conces
sion after concession to this samo material
ism. Tho Vorwaerts draws an Interesting paral
lel between Prlnco Hohcnlohe's and Em
peror William's bl-centenary toasts, tho
chancellor calling upon scientists to nld
In tho warfaro against threatening re
actionaries, his majesty asking science to
keep aloof from politics. Tho emperor toilny
gavo a luncheon to n .number of tho highest
Pruwlan nobles, Hmong whom were I'rlnco
and PrlnccsB Holicnlohe, Prlnco and Princess
Rndlwlll, tho duka awl duchess of Ratlbor,
Prlnco nnd Prlncfts Herbert nismarck and
Count von Pless. ,
Tho Russian nmbaisador here, Count von
Osten-Sacken, ton!ghtgavo a soiree. Among
tho COO peoplo pfrnMut wero United States
Ambassador nnd Mrs. White.
Court circles regard the. ongagemcnt cf
Prlnco Max of Daden to Princess Mario
IiOiiiso of Cumberland a3 Indlcatlvo of a
complcto reconciliation of tho Guclphs.
STATESMEN IHWLINU LIKE HEARS.
Terrl'lle llprnur 'in Itnllfin Clininlier
Over 11 Itntlleitl MciiNtire.
ROME,oMnrohf26.-'In 'th'Chambcrs1 of
Deputies tho resumption of tho debate
on tho motion of Slgnor Pantano, radical.
first Introduced yesterday, providing for tho
convocation of tho constituent assembly for
tno rerorm or tho constitution, was marked
by scenes of disorder. Tho president, who
yosterday refused to put tho motion anB
was sustained by tho houso, today provonted
Slgnor Pantano from making a speech,
whereupon tho socialists abused the presi
dent, whoso action, however, was approved
by tno majority of tho chamber.
This gave rlso to n tremendous tumult.
tho socialists and radicals shouting and
cheering for tho constituent assembly, and
tho conservatives and moderates responding
with cheers for tho king and tho monarchy.
eventually tno president was comnelled to
nuspond the Bcsslon, nnd on Its resumption
tho presldont designated n conservative aa
tho next speaker, at which thn infiui.
violently protested, demanding that Slgnor
Pantano bo allowed to bo heard.
A dtafenlnc uproar resulted. Tho chamher
resombled n bear garden, each sldo trying to
nowi tno otner down. Finally the president
pronounceu tne adjournment of tho houBe.
It Is tho gonornl Impression that In faen
of tho oppositionists' determined policy of
obstruction, tho solution of tho crisis Is tho
resignation of tho ministry or the dlssolu
tlon of tho chamber.
President CiiIn Kent Hay.
Gossip in one of tho cloak rooms nt thn
national capital tho other day brought out
a good story about old Davy Crockett of
icnncssco. Davy had been to Wnshincinn
nnd was again with his constituents nt a
big country barbecue. After tho repast they
wero seated on somo logs, chewing tho Juicy
twist, when ono of tho party spoko up nnd
nsked Crockett about Washington.
"What tlmo do thoso folks eat un thero?"
inquired ono.
"Oh," snld Davy, "they eat nt different
times. The congressmen eat dinner from fi
to 8 at night, and the legatloners dine from
9 to 10."
"And what time, then, does tho president
cnt7"
"Oh, ho doesn't cat until next day!" said
Crockett.
ICsMonee nf Itenllty.
Dotrolt Journal: Hero tho herolno of tho
drama shrank back In terror.
"It all seems so unreal!" she protostcd
"Oh. my darling, my angel, my life!"
cried the hero, 'looking fondly down Into
her frightened eyes. "Can't you sco that
is necauao thero aro no Irish nnd Dutch
comedians mixed 'up In tho story of our
love?" t
Ah, now thnt shO' understood It all, sho
kicked herself former lack of discernment.
NclirnskurNcwii Xiiten,
The Union PicUle promises Papllllnn n
new depot. stt y
Tho Auburn Qliaptiuqua will bo held Au
gust 4 to 12. j ,,j
Tho Wlnsldo Mothodlsts have raised the
debt on their church.
A prairie llro near Moon Lake, In Brown
county, burned"0VCr several miles of
range. o
The Southeaster! 'Nebraska Educational
association will, be., held ut Beutrlce, March
2S. 29 nnd 30. vr' '
Last year was lrt'lgood ono In tho build
lne lino nt York, but tho present ono la
expected to btv better.
Tho Springfield creamery has been com
pelled to put In another separator In order
to handlu its burlnesu.
Thero was a lemon social nt Tobias nnd
0110 woman pronounced it u failure. Sho
did not get squeezed once.
Frank Selgcl, 11 railroad brakemnn. had
a foot crushed at Bloomtlcld, Ho slipped
ns ho nttemsted to bonrd the engine and
tho foot went under tho wheels.
Ord will have to pay more for Ice this
year than common. Tho compnny which
controls tho supply gives us a reason that
wages havo gone up and It costs moro to
freeze It.
There Is a dispute between Lincoln
county and tho Union l'aclllc regarding
the amount of taxes due on the company
lands and the commissioners havo In
structed tho county attorney to proceed
to foreclose the tux lien.
Tho Omaha Railroad company for several
years post has only been uracssed as hav
ing ona and a quarter miles of track In
Covington precinct, Dakota county, but
Its track was. measured and It was found
that It had six miles of track. It will be
iLHspssril fur six iti!ten tills vear.
The Hank of Orchnrd Is defunct. Mr. '
Ward, tho owner, decided that thevo was
?n 1 ,0:,Kr",n"nu. ,V,s, " .TV n i?d ' tho
buslnees and returned to lown.
SUPREME COURT SYLLABI
No. 9181. Rust Owen Lumber Compnny
against Annlo R. Holt nnd I. Holt. Af
firmed. Appeal from Gage- county, 1101
comb, J. ,11
1. A mechanic's lien In favor of n princi
pal contractor grows out of tho contractual
relations between the owner of the property
Improved, or his authorized ngents, nnd
such principal contractor, and the right
thereto Is based upon contract nnd for the
purpose of securing debts duo thereunder,
2. Under our statute, -which provides that
any person who shall perform any labor or
furnish any mntorlal for the erection of nn
dwelling house, by virtue of a contract or
ngreement. expressed or Implied, with the
owner thereof, shall have a lien to sccuro
tho payment of tho sumo upon such house
nnd the lot of land upon which the same
shall stand, a mechanic's Hen cannot bo
created upon the land of n married woman
. -1 ...... ...... r. r I n 1 a f urmnniMl In
Improving such V.fsbnml1 nets
lor worn uuiiu ui m.m:.M"" ,.. .iii
aner u vummvi ......
tho husband nets
in-'i iiuj-imihi, ....v.
. 1 . . 1. I . onl r
3. W'hetheror not the husband Is the agent
of the wlfo Is a question of fact to be de
termined ns other like questions nnd will
not be presumed from tho marital rela
tions nlonc. ... , 1
4. The mero fact that the wife has knowl
edgo of the construction by .her husband of
a building on her property does not of Itself
necessarily establish tho agency of her hus
band with nuthorlty to charge such prop
erty with u lien for the material used
thereon; nor will her mere fnlluro to dis
sent from tho proposed transaction Import
nn Intention to bind her real estate to tho
payment of tho debt. .... ...
5. From the occupntlnn by the wlfo with
!. i.,,.i,n.,,i ,.f ,, imiiiiliicr ns n fmnllv rest-
' denco, constructed by the husband cm the
I wife's land, 11 conclusive presumption of
. .-.ifi,.nttnn sir tlm tiiislmnd'H nets docs not
ec,: : thereby arise, ho as to make effective a me
. "1 chnnlc's lien, where none theretofore legally
V, attached: nt most It Is only n circumstance
to bo considered with other facts nnd clr-
cumstnnces lor tne purpose 01 iieiet muuuB
the question of tho alleged rntlllcntion.
No 9206. Omaha National Bunk against
Louis Klper et nl. AiurniKi. ,
1. A petition which Is nttacked for the
first time In this court on the ground that
It does not stnte n cause of uctlon will be
liberally construed.
2. Where the trial Is to the court without
a Jury It Is not reversible error to udmlt In
competent evidence. . ,, .
3. A bank which undertakes to collect n
draft Is bound to keep within tho nuthorlty
conferred upon it and exercise proper dili
gence to obtain pnymcnt.
4. In enso a debt Is lost through the negli
gence of n collecting agent tho mensurc of
damages is the actual loss resulting from
such ngent's omission of duty.
No. 9201. The Northern Assurance Com
pany against Charles A. Hannn, Affirmed.
1. A llro policy requiring proofs of loss to
bo furnished within sixty days after tho
tire nnd providing that no notion should be
maintained on tho contract until the ex
piration of sixty days from the time of fur
nishing such proofs, contained no provision
for n forfeiture In ooso tho proofs wero not
rnrnlnheil within tho tlmo snecllled. Held.
that time was not of the essence of the re
quirement In regard to furnishing proofs of
loss and that a failure to furnish such
ithln tho nrescrlbed period did not
work a forfeiture of the insurer's claim for
Indemnity.
2. German Insurance Compnny against
nnviM in Neb. TOO illHttnculshed.
3. A stipulation in 11 contract 01 iiiaui.tiii-e
that no suit shall be commenced on the
contract "until sixty days after full com
pliance by the assured witn nil tne torego
4f remilremcnts.'' Is Intended to give the
Insurer time to Inquire Into tho cause of loss
nnd mako provision lor payment,
i. If nnnn uresentnttnn to It of n claim
arising under such n contract, the Insurer
deny all liability nnd reiuse aosoiuieiy tu
tt.iv nt nnv time, tho Insured may commence
nn action on tho policy without waiting for
the period or limitation to ellipse.
No. 9108. Fulton ngalnst Ryan et nl.
Error from Gago county. Alllrmed. Nor-
vnl. C. J. , ,
1. Where coverture Is pleaded by a mar-
rleil wnmnn tn defeat n recovery oil n
promissory note It Is proper for the plaintiff
tn set up in tno reply nny met ur iucib
which would avoid such defense, such ns
that tho noto was given for necessaries fur
nished tho family of the defendant, nnd
thnt un execution had been Issued ngnlnst
tho property of tho defendant and returned
unsatisfied, or that the note wns executed
with Rneelnl reference to nnd 111)011 tho
faith and credit of the separate ostatc, trado
or business of tho wife.
2. The sennrnto estate or n. marrieu womnn
Is not chnrireablo for necessaries for the
family until after a Judgment has been en
tered thereon against tho huebund und an
execution returned unsatisfied.
3. A Judgment will not 'Do reversed tor
thn refusal tt nn Instruction which with
draws from tho jury a material Issue raised
by tho pleadings nnd the evidence adduced
on tho trial.
4. Tho transcript of tho record of tho trial
court Imports absolute verity and cannot be
contradicted by extrinsic or original evi
dencn on the anneal.
ii. An objection to tne niimissiuiiity 01
testimony cannot bo argued ror tno nrst
tlmo In tne nppciinto court.
G. It Is not proper practice to permit a
witness to nnswor a ouestlon without ab
jection und then move to havo the testimony
excluded.
7. A contract to be or nny Dinning rorce
must bo assented to by all tho parties
to It.
No 9111. Elizabeth Dufrene, ox. against
A. Johnson et nl. Appeal from Douglas
county. Affirmed, Norval, C. J.
1. a tiecreo lor alimony is a nen uooii rcsii
cstato the same ns Judgment at law and Is
not enforceable In like mimner.
2. Questions not presented by tho record
before tho court for review will not bo de
termined.
No. 9165. Hcnnev Buggy Comnnny against
Purlin Orcndorf & iMurtln Company. Af
firmed. Norval, C. J,
No. 9164. Hcnney Buggy Compnny ngnlnst
J. W. Ashenfelter. Alllrmed. Error from
Gngo county, Norvul, C. J.
1. Tho conveyance by a falling debtor of
practically nil his property to ono of his
creditors In satisfaction of bis dobt, tho
difference between the amount of said debt
and tho agreed value of snld property being
paid to snld debtor In cash, with knowl
edge on tho pnrt of such creditor that such
saio will result In hindering, delaying and
defrauding tho other creditors In the collec
tion of their debts. Is void as to such other
creditors. (Swltz vs. Bruce, 16 Neb. 463, fol
lowed.) 2. Alleged errors In tho giving of Instruc
tions nnl In tho Introduction of evidence
exnmlnel and held insufficient to work a
reversal.
No. 9172. The City of Omnha ngalnst Fan
nlo M. Croft et al. Alllrmed.
1. A municipal corjioratlon Is not civilly
liable for the nets of Its officers appointed
to act for the corporation, which, In their
nature, aro wholly and necessarily outside
of tho powers of such officers, but such un
authorized acts may bo adopted and ratified
by other officers of such corporation, act
ing upon a matter or regarding a subject
within tho scope of their general powers
nnd nuthorlty, although such unauthorized
acts, In the manner performed constituted
a trespass, nnd when so adopted and rati
fied tho corporation would bo llnblo for tho
damages occasioned thereby,
2. The question of ratlllcatlon or adoption
of tho unauthorized acts of thu officers of
a municipal corimrntlon, by those having
nuthorlty to act In the premises, Is a ques
tion of fact and when properly submitted
to a jury us uniting tnercon win not bo us
tutlied In this court. If supported by suffi
cient competent testimony. (Omaha vs.
Croft, fiyl, 2.)
3, A municipal corporation Is chilly llablo
In dnmuges for the wrongful acts of Its
officers, which relate to and nrlso out of
matters or transactions within the general
powers of tho corporation and In respect of
which there mny bo a corporate liability,
nnd If such officers, tinder the nuthorlty of
the corporation to open or widen streets or
tvoulovards. commit n trespass unon nnd
seize nnd npproprlato private property for
sucn purposes witnout complying witn tno
stntuto providing for the condcmnutlon of
such prlvnto property the corporation Is
liable In dnmages therefor,
4. In a suit for damages for the seizure
nnd npproprlatlon of prlvnto property for
street or nouievard purposes n judgment in
such action will work a dedication of the
property so appropriated to tho corporation
for tho purposes for which It was taken.
6. Instruction to tho Jury set out In tho
opinion not approved, nut neni to havo not
misled thn Jury and not prejudicial error.
No, 11071. William Brower against Fass.
Affirmed. Error from Otoe county. Norvnl,
C. J.
1. Where, In n cause submitted under rulo
2 upon a printed abstract of tho record,
neither party tiles briefs tho Judgment will
oe niiirmeu,
No. lllSi. Elkenbary against Porter. Af.
firmed. Appeal from Cass county. Hob
comb. J.
1. Tho legislature has Invested In tho elec
CASTOR I A
For Infant and Children.
His Kind Ycr Have Always Bought
Bears thu
Blfiuaturo
trrs of a school district the power and mi-
tnorny to levy a tix ror nuiniing .ir
tioes. It has limited and thr wn nstrl. -
tlon nround their actl lis ngardlng su h
matters fur the protection of all taxpayers
nn.I to prevent unjust and oppresMvc levies
ta tho exercise nf the tmwers nnd authority
given nnd within the limitations dellued by
stntuto the courts cannot Interfere solely on
tho ground that such action may be re
garded as unwise or Improvident, or that
conclusions havo been renched which, by
others, may be deemed Improper under the
conditions existing nnu tno circumstances
surrounding the nctlons complained of.
no. bum. schmill .vt nro. company ngninsi
, Mnhoney et nl. Error from Dawes
county. Reversed. Norval, C J.
1. The names "Sehm It St. Brother Co "
nnd "Schmidt & Brother Co." nre Idem
sonanst.
2. The tirov s ons of the Code of Civil Pro
cedure relative to nbatement nnd revivor of
nctlons nre applicable to cnuses 'brought to
mis court,
3. Under sect on 63. chapter xvl. Complied
Statutes, a suit docs not nbnte by the disso
lution of n corporation plaintiff or defendant
organized under the laws of this stnte.
i. A dissolved domestic corporation may,
after such dissolution, prisccutv any suit in
Its corporate name not censed to exist.
5. In tho nbsence of proof tho laws of n
sister state will be piesumcd to be the same
ns thoso of this state.
6. ny comity between the states corpora
tions of ono Btnto may sue In the courts of
nnother state, the same ns can a domestic
corporation, unless prohibited by legislative
enactment.
7. In n replevin under nn nnswer -consisting
of n general denial tho defendant may
prove any matter which Is a defense to tho
cause of action of plaintiff, ns thnt the de
fendant hns a special Interest In nnd right
to the Immediate possession of the property
oy virtue 01 a cnnttci mortgage.
8. In replevin when the value of the prop
crtv Is stnted In the petition nnd ndmltted
by tho answer tho question of value Is not
open to proof.
y. instructions must bo considered to
gether. 10. A finding In replevin of n general own
ership In the defendant Is not sustained by
prooi ot n special interest in the property.
11. To review alleged error In refusing In
structions they must bo culled to tho atten
tion of tho trial court toy a motion for n
new trial.
No. 11016. Stnte ex rel Bugbee ngalnst
Holmes. Mandamus. Writ allowed. Sulli
van, J.
1. L'mler section 60, Code Civil Procedure,
nny person who can by proper averments
show that he hns no Interest In the matter
In litigation mny, without leave of court,
become n party to the suit nnd obtain nn
adjudication of his claim.
2. An lntervenor ngalnst whom a Judg
ment has been rendered must bo accorded
tho rights which, under like circumstances,
belong to nny other unsuccessful suitor.
a. a corporation .holds iih property In trust
for Its shareholders, who, like other bene
llclal owners, may Insist that It shall bo
properly managed nnd preserved from
wnste.
4. Where tho officers of n rornnrntlnn full
nnd refuse to protect nnd conserve tho
corporato property tho shareholders may In
tervene in penning suns ior tne purpose or
protecting their own Interests.
Ann I. Potter.
S. E, Klrklinm.
Potter & Kirkham
HANKERS A.MI BROKERS,
r.7 BROADWAY, NEW YORK.
HUY AXI SELL STOCKS AND BONDS
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OMAHA nlB.
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AN ART EDUCATOR.
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You enn hnvo either or both of th cso famous pnlntlnjra for 10c eneb nnfl
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he American
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he Omaha Safe
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mON AND HHASS FOUNDERS.
ir.Ol, ir.OIl ami lr.O.', JiicWhihi street,
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THIS IS IT
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caiirov roit mahcii 20.
This coupon witn two otliont ot
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wstago stamps bo careful that thoy d
to ART DEI'AHTMICNT,
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