G THE OMAHA DAILY T3E : MONDAY , MAKOIl 28 , 1800.
EDUCATION
Liberal Appropriations for the Schools by
the SUto.
AN EXPENSE THAT IS RARELY OBJECTED TO
It SCOIIIN lo HncnnrnKC Prltnto
ilonmriitu Sonic rii ! IlrRnnl
Ins the MlirnrU-5 I'rclcrcnco
I U tint for Plclliiii ! *
A larfjc Item of the state expenditure In
New South Wales , says nn Australian 1ft
tcr , represents the annual cost , so far as
the government of that colony Is concerned
of education , science and art ; and It Is
notlrcahlc that , notwithstanding the stmngtl
of the democratic clement In the Colonla
legislative asscmhly , the Mate expenditure
for such purposes Is rarely , If over objected
to. The amounts expended during 1S9I were
as follows : Public Instruction , 075,009'
Svdncy Rrammar school , 2,300 ; Sydney uni
versity , 20.1V > S ! ninllated colleges , 1I3S
St. Androvv'a collrgo htilldlns fund , 8DI'
AVomon's colloge. 500 ; Sydney observatory.
4,040 ; free puhllc library , 9r,72Au ; ! > lral-
Ion museum , 5,744 ; Naltonal Art Rallery ,
5,091 ; Art Society of Now South Wales
500 ; Koyal Society of Now South Wales ,
r,0fl ; Unnrati Society of Now South Wales ,
flO'J ; New South Wales Zoological fioclety ,
500 ; Held Naturalists' association , 10 !
Jloyol Geographical Hoclcty , 31 ; Board of
National Interchanges of State Publications ,
400 ; Imperial Inutltule , London , 41S ; re
vision of lists of Now South Wales fishes.
87 ; official history of New South Wales
1,301 ; work on New South Wales orch
ards , 100 ; In aid of various educational
Institutions , SOSO ; mapa for Mechanics' In-
Bllluio , 15 ; miscellaneous , 4,081 ; forming a
total cf 741,378.
In addition to n sum of 3.730 for works
In connection with the Sydney Technical
college and another of 2,009 for public
school buildings vvcie "voted from the loan
cjtlmates , the whole representing over 7fiO-
000 expended for purporcs connected with
the Intellrctujl advancement of the colony.
In proportion to the population and the
amount of public revenue , the state cxpcndl-
tuio In this direction In New South Wales
IH larger than In any other country ; but It
does not icprercnt the whole cost of the
various Institutions mentioned , ns several
receive extensive support from private
sources. Thus , the total cost ot the Sjd-
ney grammar school during 1891 was 9,011 ,
of which only 2.100 war defrayed by thu
state. In llko manner the annual cx-
pctidltuio of the Sydney university ex
ceeded the amount of state asslstacre by
12,911. Prom Ihh Itwill ho seen that the
liberality exercised by the state docs not
tend to discourage but rather to stimulate
private endeavor. There are In the colony
flffy-four mechanics-
178 schools ot art , -
stitutes and seven literary Institutes , each
of which IB entitled to a government sub-
oldy of 1 for every 2 raised by subscription
nnd of 1 for ovcry 1 raised for building
purpose- * .
In connection with each of these institu
tions Is n llbraiy for the usx ; of members ,
for the colonlpta are a. reading people ; not
only have the various townships and dis
tricts their own local papers , generally well
edited and maintaining a high moral tone ,
but Immense numbers of British and for
eign newspapers and magazines and other
publications .iro Imported weekly , and flnd
nn Immediate circulation. The works of
Urltlili authors are most largely In demand.
In Ihe Sydney free lllr.iry the Improved
Intellectual tartcs of the general community
Ife nro Illustrate 1 by the character of the works
lent to readers , the classification of which
during 1894 was follows : Miscellaneous
literature and collected ivorkp , 22,135 vol
umes ; prose works of fiction , 15,921 volumes ;
periodical nnd serial literature , 13,047 vol-
URIOB ; natural philosophy , science and the
arts , 9,371 volumes ; history , antiquities , etc. ,
8,485 volumes ; biography and correspondence ,
7,970 volumes ; miscellaneous , 7,655 volumes.
It will bo seen that , contrary to the rule In
many Orltli'li ' free libraries , works of fiction
li. ' formed less than one-flfth of the volumes
IS Issued , a fact In accordance with the ex
perience of previous years.
MILITAIIY DRILI * IN SCHOOL.
HcnxonH Wliy ( lie MOY eiiieiit Should
lie Ciiuoiirnurcil.
Senator Carter has Introduced a bill "to
establish a bureau of military education and
to promote the adoption of uniform drill
In the public schools of the several states
nnd territories. " This bill provides for the
establishment within the Wnr department
nt Wnshlngton , of n "bureau of military edu
cation , " It Is to be conducted by an officer
of the army , with such assistance from ofll-
ccrs and clejks of the department as maybe
"
bo necessary" for the prompt nnd efficient
execution of the act. The officer at the
head of the bii'eau Is to prepare a text book
of drill regulations , with the view of making
the drill taught In the public schools of the
country uniform nnd identical with that ob-
tnlnlng in the regular army. This text book
Is to be dlstilbuted "free of charge on the
written request of boards of education and
directors of the public schools , or on the re
quest of senators and representatives In con
gress , under such rules and regulations as
the secretary of war may approve. " The ex
penses of the bureau nro to be defrayed from
the contingent fund of the department. Com
menting on the measure , Harper's Weekly
says :
Wo have been asked by the superintend
ent of the phjslcal culture department of
the Woman's Christian Tcmperancs union to
petition congress against the passage of this
bill. Wo cannot consent to do this , and as
the request comes from a source so emi
nently respectable , from a body of earnest
women engaged In the noble work of promoting
meting temperance , wo deem It to bo bath
courteous and proper to state briefly some
of the reasons for our refusal.
In the first place , the bill does not Impose
military dtlll upon our public schools. The
question as to the adoption of drill as part
of the pcliool course Is left to the local school
authorities. The opposite proposition would
ho unconstitutional. This one recognizes the
fact that In many of our schools the pupils
nro now drilled , and Its author suggests ,
wisely we think , that wherever military ex
ercises > ure taught they shall bo those In
which the soldlerB of the regular army nro
Instructed. Certnlnly this Is well , for some
day , when these boys nre men , they mny be
callcel upon to defend their country , nnd then
It will bo Important that the drill they have
learned at school shall bo the drill of the
nriny.
Moreover , wo have no sympathy with the
opposition sometimes expressed to military
training. We do not bellovo that because n
man or a nation la prepared for self-defense
ho or It thereby becomes a bully. Thirty-
five years ago there was no citizen of the
north who would not have been glad If more
of our young men had been taught at school
the simple art of drill. Thousands of lives
nnd millions of treasure would have been
saved , nnd the war would have boon shorter.
Asldo from the practical aspect of the mat
ter , too , we bcllevo In manly physical cx-
erclso for thu youth ot the country. The
other day a distinguished clergyman spoke
of military drill , foot ball and other phys
ical sports ns brutalizing. There Is no truth
In this. Manly sports are humanizing. They
develop courage , truthfulness , self-reliance ,
self-constraint , respect for worthy antago
nists , fair play character , In short. On the
other hand , the soft muscles of the pale
neurotic youth too often foster the meanest
traits of the human mind. They Induce to
shiftiness , evasion , subterfuge and men
dacity. In nine cases out of ten It Is the
boy with n healthy body , a body that has
been exercised In contentions with his fcl-
low-boyu , who Is not cruel , nor a backbiter ,
tier a telltale , whose Impulse * are generous ,
and who Is best flttoJ to cope squarely and
hcpcstly with the world.
To the making of a good man military
drill contributes along with other athletic
pursuits. And among the traits especially
developed br It are the fine virtues of disci
pline , eelf-rcpressjon nnd courtesy ,
I'rlecN for
The following Instruction were Issued by
the picture committee of the Woman'a club
r
Bv to those bchoola contenting. :
"Principals will pleaao ice that the exhibits
of the seventh and eighth grade pictures nrc
i nt lo the board rooms any tlmo from 1 30
to S p. m , March 24 , and the fifth and ninth
grade ? the panic hours , March 25 the earlier
the tetter , of c utsc.
"Numbers will not bo given schools until
the collectltii1) are broughC to the board
roams , so be very particular that ovcry
package Is marked , that wo may know the
school. Put these marks on the wrappings
or on n separate card ,
"Pictures will not bo received before the
above liourj.
"Teachers are not expected to assist In the
hanging of collections.
"Tho display will be complete nnd open to
tliopubllc fr m the morning ot March 26.
The picture "exhibit wMII bo opened March
26 , and continue until April 1. -
"Pupils nro Invited to attend Saturday
March 28 , Monday , March 30 and Tuesday
.March 31. " i _ _
Innovation nt Detroit.
Detroit Is having n rnther unique move
ment In school circles. The assistant super
intendent , Mies Matilda Coflln , has made
some changes , based , according to her mind
upon n common sense Idea of meeting some
crjlng needs. Llko nil reformers , however
she Is Immediately opposed , The press
voices the opposition. She replies to the
press. She e-xphlns to the board , whose co
operation she < < cema to have gained , Tha
press explains and replies and after the man
ner of such thlncs the merry war ( of words ;
goes on. Miss Coffin's reforms seem to spring
from the conviction that the school Is toe
much an Institution separated from the vital
pulsating life of the rest of the world. There
Is still , so she seems to feel , too much ol
the musty scent of the cloister clinging to
Its garments. To obvlato this she would
stimulate Its sluggish veins by connecting
them Intimately vvllh that most vltnl of nil
modern world's nrtcrles the press. She
vvculd have a dally newspaper In every
school r ° om In the city , and furthermore
she would have the children read It.
Cla s work In current history , In geography
and In reading would bo based upon the
nmvspaper. She says "tho public school
and the press are striving for a common
end the education of the American public.
They should work hand In hand. "
Carrying this Idea Into practice , Miss Cof-
fln suggested to the teachers the feasibility
of discarding the arithmetics , which are es
pecially unsatisfactory , and making more
real problems for the use of the pupils. She
Is evidently with many other teachers , tired
of the "If n hen and a half lay an egg and n
half In a day and a halt" sort of problems ,
and has realized that most of th : failures In
arithmetic arise from the child's Inability
to picture In his mind n condition wholly
strange to him nnd objects utterly devoid of
Interest.
The best problems made by various
teachers wcit collected and printed In
"manuals" and these manuals vvero eventu
ally to take the place of the regular arith
metics. But these problems were not per-
Fcct In form and grammatical expression , &o
the opposers of the scheme had fresh ground
for parley.
In several cities the bulk of the reading
matter Is printed by n small school press.
In this way the : eadlng lessons are made
l > y the pupils nnd are never the same for
two separate classes. But In Miss Coflln's
plan tljo arithmetics ns well ns the readers
Would be homo "grow' 1-Vv.v
O. II. S. Alumni Axnnclatlnii.
The Omaha High School Alumni associa
tion has sent out Its annual circular , which
s published o that all who. do not receive
one because of Incorrect address may know
Its contents :
"Tho Omaha High School Alumni associa
tion has made arrangements for a rousing re
ception to welcome this year's graduates Into
the organization , according to the annual cus
tom. That the funds may be readily forth
coming , the Initiation fee has been reduced
from $1.50 to 50 cents , and the annual dues
made 60 cents , Instead of a voluntary con
tribution as heretofore. Upon receipt of such
fees or dues n ticket admitting gentleman ,
or lady and escort , will be mailed. If you
have never Joined the nssoclntlon you nre
requested to nvall yourself of these easy
terms , that the Omaha High School Alumni
assoc'ntlon tuny number nmong Its members
every graduate of the Omaha High school.
If already n member , you nre urged to pay
the annual dues and attend the reception and
meet your old time classnmtes
"A changes which all will appreciate will
bo the use of Metropolitan hall , which is
better arranged for the purpose. A flne
musical program has been prepared In ad
dition to dancing and numerous games , so
that all may be well entertained. In order
that the bonrd may know exactly what It
will have at Its command you are asked to
'or ward the desired amount before April to
the treasurer , James Houston , Jr. , 503 Shecly
block. P. S. PAUSONS , President.
Matilda Larson , Secretary.
i fjiaelc Entertainment.
TTno eighth grade at Kellom school gave
a muslcale Friday afternoon , which wns en
joyed by nil. The program was :
Song- The Bird Let Loose .
School.
Piano Solo Fra DIavola .
B'nneho Donahue.
Piano Solo O d Folks nt Home .
Isabelle Baldwin.
Vocal Solo Anchoreel .
Mr Will II. Thomas.
Piano Solo Aquarcllen .
I3vellim Johnson.
Song The Alpine Hunter .
School.
Piano Solo Momc.nl Musical .
U'anche need. .
Piano Duet Race Course .
Blanche Donahue and Mabel Dodsvvorth.
Piano Solo Cocoanut Dance .
Nennie Carleton.
Plnno Solo Itevel of the Witches .
Blanche Donahue.
Seng1 nohln Ailuir .
School.
Plnno Solo Little Queen Irene .
Uertha Schocnstodt.
Vocal Duct Pnraellso Alley .
( Requested by the "boys. " )
nilzabpth Shortlllt and B'ancho Reeel.
Vocal Solo Selected .
Prof. Parsons. .
Mane Solo Magnolia Dlofsoins .
Nennlo Carleton.
AmoiiK the Oimiliii bclioolw.
Miss Edna Harncy of Loavcnworth second
grade Is a'.ck. '
Miss Harnoy of Mason was III and absent
from school last week.
Mason'u seventh grade teacher was absent
rom duty during a part of the weak.
An examination for applicants for places In
ho city schools will bo held In the High
school building beginning Mnrch 31.
Stiper'ntcndent Penrso during- his nbwnce
rom the city will visit the schools of Peorla ,
Hilcapo , Indianapolis , Cleveland nnd Toronto.
lo will return Thursday.
The names of Jessamine Houston and Imo-
gene nippoy were ovorlcoked In giving the
1st of high grade freshman published last
Monday.
Prof. Wolf of Lincoln , who Is a spe-
clallrt In the 1'no of child study , will speak
o Omaha teachers and all persins Interested
, 'huroJay afternoon at 4:1D. : Some of
'rof. Wolf'o researches have gained
nuch moro than local recognition , and nil
ntorestcd directly or Indirectly In children
and the Improvement of the race will have
this opportunity to hear him. The lecture
will bo of an Informal kind , whore questions
can bo asked and answers received , The
regular rooms In the city hall will bo occu-
iled by the picture exhibit on that day , so
ho educational department ofthe Woman's
club has obtained the use of the Woman's
club rooms , _ _ _ _ _ _ _ _ _ _ _
( Jem-nil KiliiciitloiuileittM. .
Horace Staples of Westport , Corn. , enjoys
ho distinction cf being the oldest rchool
cacher In the Nutmeg state. He celebrated
his 94th lilrthday last week.
The French government has conferroJ the
cross of the Legion of Honor on Prof.
\ W. Putnam of Harvard , In recognition of
ils achievements In the field cf science.
Philip H. Savage , the poet , eldest son of
lev. Mlnot J. Savage , has accepted the
loultlon of professor of English literature In
ho Massachusetts Institute of Technology ,
mid will begin his duties on the 1st of next
nontb ,
Dr. J , A. Zahm , who , for many years , has
wen prominently connected with the Unlver-
D'ty ' of Notre Dame , hai decided to sever his
relations with that university and take up
ilu permanent residence In Home. He will
cave for the Italian capital as soon as ar-
angemcnta can be completed. Dr. Zahm
tao for many years been a cloro student of
uclentlflc subjects , and la the author of nu-
norouB works on matters of great Importance
- > iclentluts , He was one of the cctuplcuoua
ecturors latt year at eoveral of the Roman
Jatliollc * eUool , and his addresses , some of
vhlcu wore published lu the dally
pern , aroupcd much comment , owing to the
peculiarity of some of his rclcntlflc and rcllRi
Ions views , which arc In a certain pcno In
advance of the prewnt time.
Prof. Jamoi Seth of Drown university ,
who has been appointed profesror of ethics
In the Sage School of Philosophy of Cornell
university , was born In Edinburgh In 1SOO.
Ho was graduated nt Edinburgh university
In 1831 , carrying off nil the honors In phil
osophy , after which ho won the Ferguson
phllopophlcnl scholarship , which Is open to
graduates of all the Scottish universities.
Among the public bequests ot the late
Simon Muhr of Philadelphia was one to pro
vide a fund for the special Instruction ot such
public schcol children ao might evince talent
In 0 , "Pedal dlresyon. "No bettjr. thought
for th6 { food of the chllelren or the good of
the schools has over found expression In tes
tamentary form , " says the Philadelphia Hcc-
ord. "CJcarly , the public schools cannot run
to specialties ; they must stick to the brpaJ
paths. Dill Just aa clearly they offer a field
for the revelation of special gifts ; and these
once revealed , the best possible opportunities )
for their development should bo afforded. "
si/'iMinMi ] couirr IMIOCKUIUMJS.
Llvc cy against Hamilton. Appeal from
Douglas county. Alllrmed. Opinion by
Commissioner Rynn.
The mere fact that the owner of rcn
piopcrty hns glvcji his note for a portion o
the amount due for materials furnished fo
making erections on his property doc1 * no
relieve such property from a mechanic's
lien , nleel against the same for the entire
amount of the material BO furnished.
2. Where n party hns furnished matcrlrls
for the Impiovcment of real property nnd h
all respects hns complleel with the
mechanic's Hen law In respect there
to , his rlghti will not bo hcl (
destroyed merely because In taking
a note for the amount due he Imn
eleserlbcel himself by the fanciful designa
tion of the "Western Cornice Works , " when
there is no claim that thereby nny one wns
misled or Injured.
Bull ngalnst Mitchell. Appeal from Col-
fax county. Ainrmcd. Opinion by Commis
sioner R > nn.
Whore n mortgage was held to secure
payment of n negotiable promissory note
the parties making such note nnd mortgugc
are not necessarily entitled to protection ut
to payments to the mortgagee , made solely
on the assumption that the orlglnnl p lyee
of the note htlll remained the holuei thereof
FollowInp Kgcert against Beyer. 43 Neb
711. Stark against Olcson , 44 Neb. GIG.
2 Where payment of a negotiable note
secured by n mortgage vvns made to un
Investment company , of which the mort
gagee vvns manager , nnd such pa > tncnt vva-
never foi warded to the pirty to whom slid
note had been transferred. He'd , That the
mere fact that antecedent payments made
In HUe manner hud been made to be for
warded to the transferee of such note and
had been so forvvardeel , did not bind the
holder of the note ns to the llnnl paj mcnt
not forwarded , It being shown by the evi
dence that such holder had never In any
wny held out or recognized the mortgagee
ns hit "Kent.
Kln < 9clla against Sharp Error from
Douglas county. Reversed and remanded.
Opinion by Commissioner Rngan.
The real paity In Interest tinder section
29 of the Code of Civil Procedure Is the
person entitled to the uvnlls of the suit.
2. Uxccpt ns ngnlnst his creditors , one
may sell his property for a nominal con-
o'dcrntlon. or give It nvvay , und If he does
cither , this vendee or donee Is the real
party In Interest In a suit for the conver
sion of such property.
3 Evidence examined and held whollv In
sufficient to sustain the verdict of the Jury.
MncFnrland against Wcstslde Improve
ment company. Error from Lancaster
county. Motion , sustained Opin'on by Com
missioner Rngan.
A trial court should never permit a docu
ment Introduced In evidence to be vvlth-
diavvn , unless the party so withdrawing it
at the time leaves with the reporter n
concededly correct copy ot the document
withdrawn , and the furnishing of such copy
should be made a condition precedent for
leave to withdraw the original document.
2. This court will not , ns a matter of
course , pcjanlt n record to be withdrawn for
the purpose of amending a bill of excep
tions , and especially- this true where it
appears that a failure to Incorporate into
the hill of exceptions all the evidence is due
to the laches of the pqrty seeklns the
amendment.
3 The plaintiff In error Illcd n bi'l of
exceptions , from which two exhibits Intro
duced In evidence on the trial of the case
in the district court were omitted.
TheDO exhibits , when Intioduccd In evi
dence vvero by counsel for defendant in
error , by leave of ths court , withdrawn , but
counsel did not then or afterward furnish
the court reporter with copies of such ex
hibits Held , That leave would be granted
this plaintiff In error to withdraw the record
hero for the purpose of submitting the bill
of exceptions to the trial Judge , on applica
tion for amendment.
State Hank of Lushton against Kelley.
Error fiom York county. Reversed nnd re
manded. Opinion by Commissioner Ragan.
Evidence that , two farmers purchased a
threshing machine ; paid fop the same with
their Joint and several notes , secured by a
chattel mortgage on the machine pur
chased ; Jointly took possession of and used
the mnchlne in threshing grain for others ,
will not support a llndlng that the thresh
ing machine was partnership property , nor
that a copartnership relation existed be
tween the farmers Such evidence war
rants rather the conclusion that the farm
ers were joint owners , or tenants In com
mon , of the machine.
2. In such case the machine company neg
lected to fl'e its mortgage , or a copy
thereof , in the county where the farmers
resldeel ; subsequently one of the farmers
mortgaged the machine to a bank to secure
a pre-existing debt which he owed It. The
bank had no knowledge of the mortgage of
the machine company : took possession of
the mnchlne under Its chattel mortgage and
the machine company replevined It. Held ,
(1) ) That the mortgage made by the fnrmcr
Invested the bank with n Hen on whatever
interest he had In the machine (2) ( ) That
the bank was a mortgagee In good faith
within the meaning of section 14 , chanter
xxxll. Compiler ! Statutes
A mortgagee In good faith within the
meaning of section 14 , chapter xxxll , Com
plied Statutes , Is one who takes his mort-
gnRe to secure a debt actually nnd Justly
owing to him , without notice , actual or
constructive , of other existing claims against
the mortgaged property.
Taylor against Standard Life nnd Acci
dent association Error from Douglas
county. Alllrmcd. Op'nion bj Commissioner
Rngan. *
A contract between nn Insurance company
nnd Its ngcnt provided thnt the latter should
make monthly repoi ts of business trans
acted nnd on demand pay over to his piln-
c.'pal all moneys due him The agent's com-
pensntlonwns fixed nt 23 per cent of the
business done nnd he gnve a bond to secure
the performance of his contract.
After the execution of the bond , nnd with
out the knowledge of the surety thereon ,
the agent's compensation was changed to
SS',4 per cent and ho was given permission
to employ solicitors of Insurance , paying
them out of his commission. In a suit
against the surety on the bond to recover
money which It was n'leged the pgont had
not accounted for , held : 1. That the com
pensation of the ngcnt was not nn essential
ngredlent of the contract of the surety ,
and Increasing his compensation did not
amount to n re-emplo > ment of the agent
nt n dlfferen.t compensation from that fixed
In thn contract.
2 That there had been no material al
teration In the terms of the contract to
Focure the perfirmance of which the bond
wns given nnd thnt the surety thereon wns-
not relensed.
Rcgler against Shrock. Error from York
county. Opinion by ejomm'saloner Ragan.
Where the only reversible error In the rec
ord Is that the amount or the recovery Is
excessive this court will nfllrm the ludgment
ipon the pxcess being rcmltteel If the evi-
lenco will support the remainder of the
finding.
2. The law requires the production of
the best evidence obtalnau'e , nnd If the
irlmary evidence Is lost , then secondary
evldenco satisfies the rule
3 Where the files of the cape have been
est such as- papers In an attachment pro-
ceodltiFs that such papers existed , and
their contents may be proved by parol , the
iropcr foundation having been laid for the
ntroductlon of secondary evidence ,
4. The practice of Introducing In evidence
n a case on trial the pancru and flies be-
onglng to another case , of the original rec.
ords of an olflce , Is not to bo commended.
! f such files or records are needed as evl-
lenco certified copies should bo procured
for Hint purpose.
5 Certain Instructions of the trial court
eet out In the opinion nnd npproved ,
McCa'l atrnlnst State. Error from Dawes
county. Alllrmed. Opinion by Commissioner
Itvnn ,
When the grounds of comnlalnt of n plain-
to" In error depend upon the existence of
certain facts In respect to which there Is
no recitation or evidence in the record such
assignments of error must be disregarded In
the supreme court.
Carter against Gibson. Appeal from Cass
county. Reversed nnd remanded. Opinion
by Commissioner Rynn.
A Judgment foreign to the Issues Joined
and for which there was no prajcr by the
party In whose favor It was rendered , must ,
upon appeal , bo reversed In the supreme
court.
Clarber against Palmer. Error from Web
ster county. Reversed and remanded , Opln-
on by Commlrsioner Irvine.
A plaintiff In nn action of replevin who
ms obtained possession of the property
under the writ cannot be permitted without
he consent of the defendant to dismiss the
action.
2. When a plaintiff In replevin who has
obtained the property falls In his proof or
alls to proiecute the action the defendant
s entitled to Judgment , and to a trial of his
right of property or po * ( * Mon. for the pur
pjse of cstnbll lilnir/hl damages
Murphy npalnut Vtrgln Error from Sow. .
aril county Ainrmcd. Opinion by CommlS'
sloncr Irvine
Evidence cxnmlnenl'hnU held to sustain tin
verdict. Jr '
2. Where p eadlnps contain milters of evl <
dnico rntbcr than ultimate facts , the courl
sulllclently states trtt-l Issues by stntlnf
tersely the ultimate- fails pleaded nnd dls
regarding such evidentiary facts.
3. A Jury | q not bound to blindly ncccnl
ns true nil testimony vvhlch IB not dlrectlj
contrndlcted or ImlWrfelied The testlmonj
of a witness should be. weighed In connec
tion with all the fnct rin the cncc. Instruc
tions' substantially to that effect arc not
erroneous.
4. Moncv taken forcibly nnd without the
consent of the owner may bo rccov creel
back ; and the fact that the owner wns In
debted to the wrongdoer In an amount as
gicnt aa the sum iSUofi Is no defense.
B. U Is not errott to ! refuse to give In
structions directing the Jury what tlcfircc
of Irnrcriansi should ba nttnchcd to partic
v " * "
cvciKC' -
fain
ain ! ngnlnst Thetln En or from Doug
las county. Reversed nnd remanded. Opin
ion by Commissioner Irvine.
Where n question Is nsked n witness , In
Itself proper nnd not open to objection , the
ndverse party does not waive his right to
object to an nnswcr to such question con-
tnfnlng Inadmissible matter by not having
objected to the question Itnolf.
2. In such cnso the ndml sblllty ! of testi
mony contained In the nnswcr Is properly
presented for review by a motion to strike
out the answer and nn exception to nn or
der overruling such motion ,
3 A servant nssumcH risks nrMnh from
defective ? nppllnnccs used or to be useel by
him , or from the manner In which the busf-
ness In which he Is to tnke pnrt Is con
ducted , when such limits nre known to him ,
or apparent nnd obvious to persons of his
cxptrlence and understanding , If he volun
tarily enters Into the employment or con
tinues In It without complilnt or objection
ns to the hazards. ( Missouri Pacific Hallway
Co. ngnlnst Haxtcr , 42 Neb. 701 , followed )
4. The presumption Is thnt such risk has
been BBUitned by the servnnt ; and In order
to recover the burden Is upon the plaintiff
to establish one of the exceptions lo the
rule.
5 In his petition he must plcnd the ex
istence of the facts crentlnj such exception ,
G Evidence tending to Fhow that dtfect-
Ivo machinery was useel under n piomlso
by the master to remove the elefect , hclel
Inadmissible where such promise had not
been pleaded.
Stall against Jones. Appeal from Sewnrd
county. Revei sed nnd illsmlsscd. Opinion
by Commissioner Irvine
While a preponderance of the evidence Is
sufficient to establish nn Issue In nny civil
action , nnd while this court will not in the
exorcise of Its appellate Jurisdiction welsh
conflicting evidence , still In order to sus
tain a finding for the plaintiff In nn action
to have a deed absolute in form declared
n mortgage , the evidence on behalf of
plaintiff when taken together nnd without
regnrd to the contradictory evidence should
prctent n state of facts convonnnt with rea
son nnd consistent In Its different parts.
2. The statute of limitations runs ng.alnst
a bill to elcclare u doeel nb0olutp In form
of a mortgage , In favor of n grantee In
posscs&lon , from the time such possession
becomes adverse to the grantor's title.
J. That grantee's posses loii Is adverse
may be inferred from the exercise bj him of
nets or ownership after payment of the
elebt.
4. In this state n deed nbsolutc In farm
pasbca the legal title , although Intended ns
security for a debt , nnd for most purirases
treated as a mortgage.
5 Therefore , where the grantee under
such n deed Is In possession the grantor's
equity of redemption may be defeated by a
parol settlement defeating his right to nn
accounting.
Oakland Home Infcurance compnnv against
Bank of Commerce. Error from Hall
county. Afllrmed. Opinion by Commis
sioner Irvine.
In an action upon nn Insurance policy one
defense being that the insurer had parted
with nil interest in the Insured property
before the policy wns Issued , the question
whcthei the Insured was at the time the
policy Issued the , , owner of the prop
erty was on conflicting evidence properly
submitted to the Jury , ( Rochester Loan
and Hanking Co. n hlrtst Liberty Ins. Co.
44 Neb 537 , follovveT ) ' -
2. The policy wasjisucd on by Ihe Rank
of Commerce , n mortgagee of the premises.
It was issued to tlie qwner , J. and con-
talncel provisions whcreninder , a transfer of
the property or an assignment of the policy
without consent of ' the Insurer voided the
policy. Before the < lo8s J. had conveyed
the premises to H.i and .assigned . the policy
to him. The Insure/i pleaded this convey
ance nnd assignment without consent of the
insurer as a defense. Attnched to the pol
icy was the following : ' "L0cs , If any , under
this policy , payable > to the Bank of Com
merce or Its assigns , us Its mortgage in
terest may then appear. " In the body of
the policy was /allowing : "If , with the
consent of this company , nnd Interest under
this policy fchnll exist in favor of a mort
gagee , or of any person. Jor corporation hav
ing on Interest In < the subject of Insurance
other than the interest of the Insured as
described herein , the conditions hereinbe
fore contained Fhnl ! apply in the manner
expressed In such provisions nnd conditions
of Insurance relating to such interest , as
shall bo written upon , attached or np-
pended thereto. " Held ( A ) thnt these two
clauses should be construed together. ( B )
that the clause In the body of the policy
rendered conditions expressed In the policy
applicable to the Interest ol ft mortgagee
having rights thereunder only where there
wns written upon , attached or appended to
the policy some provision or condition ren
dering such conditions of the policy ap
plicable. nnd denning the manner of their
applicability. ( C ) that the elause attached
to the policy containing no such provlblon
or conelitlon , the mortgagee was entitled
to recover , notwithstanding conditions In
the policy which might defeat a recovery by
the owner
March 17 , 18 % Court met pursuant to ad
journment. George W. Cooper , Esq , of
Douglas county andi T. E Bennett of York
county were aJmltteel to practice. Beavers
against M. P. R. Co and Allsman ngulnst
Daly , leave to reflle bill of exceptions
Hoover ngalnst Stnte , Icnve to file original
complaint. Rubleo against Gallon , nflirmeil.
Kearney County bank agnlnst Benson , dis
missed. Cadman ngnlnst Toss , nppearance
of attorneys withdrawn ; Judgment alllrmed.
Reynolds ngalnst Hoeft , alllrmed. Dickey
ngalnst Knrr and Moore ngalnst Omaha
Street railway , dismissed.
Mnrch 10 , 18M Union Pacific R. Co.
against Kinney , leave to withdraw bill of
exceptions donlcel. Blue Valley Lumber Co
ngnlnst Smith , motion to dismiss overruled
Vnn Etten ngnlnst Fest and Douglns
agiiinst Smith , motions to vacate orders
eiuashing bills of e\ceptionn overruled.
Greenman against Swan , order of ravivoi.
Jeffries against Tarrell , motion to pubmlt
overruled. Van Horn ngalnst Allen , nel-
vanced. Syracuse against Mnpes , motion to
dismiss overruled. Downing against Lewis ,
temporary Injunction denied. Missouri Pa
cific R Co , qgaln t Hnnsen , motion to quash
bill of exceptions overruled. United Fire
men's Insurnnce company against Nebraska
City Hotel company , motion to advance
overruled.
Rehenrlngs were denied In Iho following
rases : Hyde against Kent , Barker ngnlnst
Davis , Pelber ngalnst Goodlng , Sweeney
ngalnst Ramge , Union Pacific It. Co. ugnlnst
Kinney , Richardson against Alexander ,
Johnson against Parrotte , Blodgott ngnlnst
bank.
Mnrch 19 Bnrtram against Sherman ,
leave to withdraw and relllo as error or
appeal. Meyer against Blake , dismissed
Insurance companies ngnlnst Buckstnff
Bros. Mnnufncturlng- company , twenty-four
cases ; rehearing denied Court adjourned
till April 7 , when the following cases will
be called : American Building nnd Loan
iLS&oclatlon against Eble , Try against Kess-
ncr , Hnnna ngalnst Buckley , Drcxcl ngalnst
Richards , Tccumbeh National bank ngnlnst
Harmon , American Building nnd Loan as
sociation against Rees , Stoncr ngnlnst Keith
county , Trefren ngalnst Broken Bow Build-
Ing' nnd Loan association , Rising against
Nash , McClellnn ngnlnst Scroggln , Rnvv-
llngs ngnlnst Young Men's Christian usso-
jlatlon , Oyler against Ross , Unland agnlnst
Clarion Columbia National Ixnk against
Illce , Fox against McClay , Coburn against
Watson , Btirrls agnlnst Court , Paddnck
ignlnst Gosney Live-stock nnd Commlpsleyi
2ompany , Leuvvlch pBUlnst Council , Kroh
igalnbt HelnH , Corey1 airalnst Plummcr ,
[ 'uller ngulnst Paulovj lleull against Martin ,
Mnk against Connell , ' Bat-corn against Hod-
ikcr , Rllev against , ptar , Mack against
Drummoiid Tcbiccoypmrmny , Hou k against
Linn , McKenna ugninst Dietrich , Stale ex
rol Stevvnrt agnlnst' Henton , Union State
imnk ngnlnst MeiMnhon , Bneon against
liralkmiin Commission ] company , Grand
Inland Banking company ngulnst Wright/
Nebraska Molding upd Plow company
igulnst Kllngman i , Howland agalnut
Sharp , Galllgher ( ifulnst Andrews , Mny
ignlnst Hoover , irfft"k against Scovllle.
Drown against Ulrlth , Newman against
llyan. M _
Importing Clolbliitf ruttrrH.
CINCINNATI , Murph 22. The strike of
the clothing cutter * r has continued hero
; hree weeks without any concessions from
ilther side. Yesterday jclothlng cutters ar-
Ivcd from New YorK for Meyer , Scheur ,
Dfner & Co. , and they go to work tomor-
ovv. The strikers hqd an orderly meeting
: oday , and assert thnt they are not con-
: erne < l over the Importation of cutters , as
: ho sympathetic strike will continue as
: ierotofore , and the manufacturers cannot
; ct their work done. P. J , Magulre , gen-
; ral secretary of the Carpenters' National
irotherhood , addressed a large mass mcet-
ng here today. The bricklayers have not
idjusted their differences , und vome trouble
a expected at the opening of the building
lea&on. _
Aeleim.iu to tlir Illnllie IIouHflioId.
AUGUSTA , Me , March 22A f on w as b rn
o Mra. Hattlo Ululne Bea'e , wife of H.
Pruxton Beule , ex-minuter to Persia , this
naming , and there la great happiness at
ho old Blalne homestead. Messages of
ongratu'atlon have been pouring In all
lay long , Mrs , Beale la rallying tplen-
lldly.
NO LIFE IN WALL ST11EE1
Brokora Blame Congress for Not Aiding th <
Business World.
TRUST STOCKS BEING MANIPULATED
I.ll.clr to Oo Hluhcr , lint a
Stirp to Pulton- Which liny
lie IlatiKe-roiln to the
Miiiilpulitteii-N ,
NEW YORK , March 22.-Therc Is still
small sign or ntiythlnc lIUs life In Wall
street. The waiting policy Is the- policy of
all the men of consequence. In n few quar
ters there Is a show of effort by manipu
lators to Keep quotations going , but that soi t
of thing tempts no followers.
Commission offices nrc empty. Brokers are
oil crjlng hard times. Congress conies Infer
for wholesale condemnation The do-nothing
record In Washington doing nothing for
bunlness Interests awakens every wide-
avvoko business man to Indignation , and there
ate few who are hopeful enough to count on
any close-coming change tor the better In
tlila matter.
Political conventions nml factional maneu
vering are about all t'nal can be certnlnly de
pended , upon In the way of public events for
porno months to come , Including In that cate
gory the wars which congress and Sir. Cleve
land may be pleased , off and on , to declare
over night. Such performances are all
natural enough , of course , as political func
tions , but they are not at any time func
tions which much help business 01 give busl-
IISM men enthusiasm. Under such circum
stance1) It Is not strange tha1. the stock mar
ket lags and that the professional contingent
s wary.
wary.ALL
ALL , ACTIVITY IS SPASMODIC.
Tliio bear crowd has been actl\e. They
liave been persuaded that If they could give
cai tain stocks a vigorous thumping prices
\\onld bo ready to go down. What activity
we ha\e had In the market , though spasmodic
and far from concentrated , has besn tiaccable
o this raiding campaign , In which , however ,
thcic has been at no time an ) result to cn-
courage the raiders.
0utS'lda of the small plays made by ( he pro-
'caslonaU not a thing of Interest has appeared
n any trading whatever. Outsiders arc alto-
; ethei lacking. Wall street at a standbtlll
s the piesent situation.
In Sugai trust , Tobacco trust and one or
wo other stocks pools unfortunate enough
o bL loaded up arc able to command tome
nsldc support , and there arc risky gains In
imgress there. It Is the belief of a certain
contingent of speculators that they can
squeeze trust figures up considerably by
naklng use of bunko programs put Into
operation by the trusts themselves. The
game Is dingerous for the Insiders. It Is
loubly so for everybody else.
One of these mornings , when everything
ms sunshine speckled over It , there will be
T clap of olJ-fashloned financial thunder and
Tobacco trust Wall street gamblers will go
umbllng over one another In n rush to get
out of the way of the smashing processes
irontlon Tobacco trust not to single It out ;
t Is a type. It Is a conspicuous center of
mnk.o bu lness just now , but It docs not
tand alone.
If the tips which go round are worth hecd-
ng tobacco quotations will advance sharply
next week , but profits reached for In that
quarter are profits that are likely to have
lulck squels. Jt will be much more the
part of prudcnca to sell Tobacco trust on any
sharp advances that arc given to It than it
will be to buy In the hope of grabbing any
part of t'.int promised advance. The drop
may bea little while delayed , but when It
starts it will be a good de.il more natural
and much more lively than any pace that can
bo set in all this game of upward manipu
lations.
General business Improves , but Wall street
refuses to recognize this fact. It is the
fishlon to bet pretty blue In the Stock ex
change over the status of outside trade. The
banks help this suspicion along. They are
holding aloof from commercial paper. Only
stiff notes and extra security can command
discount accommodations. This to as much
however , a sequel , rattier than a premonitory
sign , that It cannot be. long lasting. If 1
does last tha effect must be soon shown In
an epidemic of trade failures. While con
gress plays cheap politics the businea ; world
is acutely threatened.
EXPORT BUSINESS IS IMPROVING.
Curative Influences are operating in many
ways. Our export business improves. Au
thorities not talking for speculative effect
are predicting we shall speedily bo shipping
much more abroad than at any time recently.
Gross railroad earnings are better , and not
gross earnings merely , but net. Industrial
opciators are waiting on congress. The iron
trade Is conspicuously laggard. But wo are
likely to find ourselves before long Just
where wo were a year ago with output and
stocks of Iron on hand Insufficient to meet
the demands of ordinary trade.
As It is with iron so It is with most of
our staples. We are having an era of econ
omy In every branch of American business
life. It Is an economy that Is abnormal. It
cannot be perpetual. Any change must be
a change on the side of betterment. The
first sign of that change will be an ample
sign of an old time revival In Wall street ,
for Wall street Is forever quickly responsive.
That revival will find Wall street with Its
bargain counter crowded. II , ALLAWAY.
LOMIO.V STOCK MAUICKT VKRV IHJLI ,
A in IM ! CUM Scourltli'N Join In the < Jcn-
cral Decline.
LONDON , March 22 The stock market
has been very dull for the week , and the
chief bublness h.is been In Investment se
curities The continued cheipnesd of money ,
the proposed Nile expedition and the Irri
tation displayed on that occasion by Franco ,
have bad nn adverse effect on the markets
gcnsinlly , and on all foreign to urlticJ , biun.
Ish , Italian and Egyptian cccurltien being
lower , the exception being Portu u so , which
VVCIG bettei , on the Hcheme for the conver-
! on of the debt. The renult of the bimetal
lic debate In P.ullnment has caused a weak
ness In silver hecuillles , It being seen that
the piesencu of a feu1 bimetallic ndvocutcH
In the mlnlstiy will not Inllucncc the gov
ernment policy. Mines were Inactive
American securities were still depressed , on
commercial troubles In America. It poems
impossible for this market to regain favor
with the English speculative public. The
elecreasei for the week wore as follows
Louisville & Nashville nml Northern J'a-
clflc , 3 % : Heading iBts , J'i ' ; Erie 2d , 2 ,
AtchlBon IB , Denver prefcncd and Wabash
Gs , 14 ; AtchlRon and Wnbasli , 1'4 ; l il < o
Shore and Union Piicliic , 1. Other de
creases were fractional.
The Stock exchange elected a new com
mittee on Saturday as the rctult of the agi
tation nsnlnht the presence of old men on
the committee who fulhd to march vvllh
the times. There was the. usual numbci of
eleven cindldatcH , of whom seven were
elected , most of them bslng younger men ,
re'preBentlm ; the interests of the mining
market. _
Mliilflll'Htrr 'IVvtllf Mil ricetx. .
MANCHESTER , March 22 The market
nan been fairly active for the week at full
prices Yarns showed a better margin , and
splnneiH were more Independent A eon-
rmerablo eastern buslnobH has again con
cluded. Home ussrH are buying morn freely.
L'loth showed lew doing for India , owing to
the weakness of exchange , but China
hooked fair linen There are fewer Idlu
looms , and full prices arc Insisted upon
Spinners and weavers are better cnguge-el
than for a coiiHlderablo time previously
The continental position continues good ,
Cotton Market.
faT. LOUIS , March 21. COTTON Blciuly , mid-
Hint ; . 7io ; "a 1 03 , 1 03i tales , receipts , Ml bule-s ,
bhlpinents. l.HW bales. stock , CO 703 hales
NEW YOltK. March -TOT1ON Dull , net
receipt ! ) . 290 balm ; gross , 3,131 bales. exports lo
Iliu continent , 1,40 bales , furttardtd , SkJ bales ,
idles. 179 , all spinners ; stock , 162,771 In UK.
NEW OHLEAN8 , Mnrch 21 , COTTON-Qulet
mil steady ; middling , 7c ; low middling. 7 ! M6c ;
good ordinary , 7'ic ' ; not receipts , 3,191 balis ;
TOS , 3.DCI tidies : exports ta continent , 4,450
aaleat coastwise' , C43 bales , sales , 700 bahs ; stuck ,
i49W bal < a. _
MlniirnpollN Win-ill ,
MINNEAPOLIS March 2l.-WHEAT-Bteady.
ricee. Marcli and May , MUc ; July , i'J'ii/DJHc. '
In track , No. 1 hard Ulio ; No. 1 northern ,
isitej No. 2 northern , 679iQj receipts , 4GS cam.
SiiKiir MnrLi-l.
NH\V YORK , March 21.-8UaAlt-Ilaw. firm.
rentrlfugal. 4 3-lCe. IteflntHl , ateady ; ctandard
A , " 6c ; confecllontra' "A. " Scj cut loaf , ic ;
; ru lCtl , t C , grunulatcJ , 6Vic.
I.onilou < ! rill n llfilfiv.
IvONPON , Mareli 21. The weather during the
> ut week liaa teen mill ) and rulny , and thu
wh * t erot > Iwki w ll "he infttl t tor nhcnt
w t 4iirr tM l n nilllril. und rln. fd nun t
Amerlciui nililcfl cnuied the nurtiinllui * ltn > *
era nnd tllv § nere Indirtertnl Coilfoinin
\rli Kt , mlvrd TM < qnolfd at 2i < 3d 1'tr.rel *
wr HIT unrt * j.ot i\a < dull Mnttt wn Mcnily
for Air fii-nn , nthrrnli * It nn dull. Mlxr.1
Amirl ftn mnlrr Hfl t , \\n > < | ttolrd nt Ita
Dirlry , Innctlx * niul eniy. Data , dull ; Atntiknn
nri'ern , March nnJ Aurll drllvfry , lit 3d.
CIIICVGO ( HtAIN AMJ I'HOVISIO > ! < .
Pe-nturcn of ( hv TrmlliiK mill OtuntiiK :
I'rlcet nn Sutnrilii ) .
CHICAGO. Jfnreh 21 Ciop dninnRc reports -
ports and apprehensions of still further
dumago from the predicted cold wave
started free covering- today and wheat ,
though opening a t title lower , soon became
strong and remained so , closing about Vic
aboveyesterday's ' final tlgurcs Corn and
oats and piovlslon * all tuled firmer and
cloicd with slight advances ,
In wheat flicre was a good trade and
fairly nctlvo imrket , the features being the
active and hcavv coveting by shorts The
market vvns rather ixcltcd for n time and
sold up fully lo but lost pill of the advance
before the clo'u Opening pi ices foi May
wore at a slight decline , due to the light
exports icportcd fiom both coasts for the
week , only lM2f W bit agalnpt 2,101,000 bu
thu vve'ek before and 2,9SSXW ( bu the same
vvee-k latt yc r. This showing had n do-
picsshiB eftict foi the moment and there
was enough illlnt , on It to entry ptlces
off u trlllc. Hut the predictions ot a cold
wave , the anlval of n good many Ind nop
teports and the lather sensational publica
tions oC that chnnutcr In a morning paper
soon turned the sentiment and there vvnn
active covering by the cherts The political
situation abroad was also reported as In
creasing In gravity nnd this Increased the
desireof shorts lo cover , and as theip was
little for Hale til the moment the tiuukct
had a session of decided strength Hut after
the most tit gent short ! " hod covered , trade
fell off and then early btiyeis began to leal-
'ro. Them was alpo ronsiileiable short sell
ing , under which 'to nas lost. Aigcntlno
wheat shipments for the week were 1,056.-
000 bu. against l.OiN.OW bu for last week
and 1SCO000 bu the same week last year.
Northwest receipts of wheat today were
Cf.l cars aenliist Gil cats a week ago nnd
2S1 ears n year ago These were both In
fluential factors In the opening weakness
The vlilblo supply Monday l cxpeelcd to
how from 300,000 bu. to 400,000 bu decrease
May opened ' &c lower nt from Gl"4c to C2c ,
= eon tinned strong and gold up xteadlly to
C2o and then off to 62 0 Prices hud sev
eral lap'd fluctuations between r.JiHc and
C2"-lP. but finally closed ilrm at from C24c
to C2 c bid.
Trading In corn wai limited and fluctua
tions in consequence were naturally nnnovv
May opened unchanged at 29c and lose
in sympathy with the llrmncss In wheat and
closed Ilrm at 29'&c
OaU were quite active for Saturday and
prices In sympathy with othei giatn mar
kets ruled Ilrm ami higher. There was con-
sider.ib'c covering by shorts. May opened
unchanged at from It'ftc to 20e and fold up
to 20Hc , closing steady nt that price
Provisions were helped bv the strength of
the- live slock market nml opening prices
wore at a Ilght advance The market soon
became dull , but the strength of the grain
markets pi evented any recession May pork
clo cd 2'/ie higher at JDlT'/s ; May lard un
changed nt J530 , May ribs 2Uc higher at
from $ I9.4 to $1 03
Estimated lecelpts for Monday : Wheat , 31
car" ! corn , 500 cars ; oats , 300 cars ; hogs ,
30,000 head
The leading futures ranged as follows :
Cash quotations were ns follows *
1'L.OUK ias > . winter patents. J3 503 SO. win
ter btrHlBhts , J300ji360 : t-ptlng pitents , J3 10B
340prlng straights , $2.GO j290 ; bakerp , } 210 ?
2 40
40VIinAT No 2 spring. ClflClc ; No. 3 spring.
C0c. No 2 red , WViQC c.
CXJIIN No 2 , K\c ; No 2 > ellow , 2S"4c.
OATS No. 2 19c ; No 2 w.ilte , 20J4c , No 3
white , 19 > 4fl9'4c
RYB No 2 35Hc
nAHLEV No 2. nominal ; No 3 , f. o. b.
26 33c ; No 4 f. o b. 2jfT2Gc.
FLAX B RED No 1 90e.
PR1MI2 TIMOTHY S15LIJ J335.
PROVISIONS Mess pork , per bbl , } 9 03O9 10 ;
lard , per 100 Ibs , SO 17Kr5 20 ; Rhort ribs , nlde .
loose , S4W3500. dry nulled shouldeiH. boxed ,
4' H)4\c ) ; s'lort cleir sides , boxed , 5ft5V c.
WHISKY Distillers' nnlahcd goods , per gal ,
Jl 23
SUGARS Cut loaf , Cc , granulated , J5 37 ; stnpd-
pOt/iyrUY rirm : turkejs , 12V4C14C ; chickens ,
SV4fllOc ; eluckH. lOfflSc.
Tne follow Ins were the receipts and shipments
todny :
uaiAiiA. GUIYCUAL JIAHICIT.
Conilltloii of Triuleniul Quotation *
oil Stniilc niul Faiicj I'roelucc.
stock S c.
H Pair to good stock , 9@10c ; choice lo
fancy country , 1215o.
VEAL Choicefat. . 70 to 100 Ibs , are quoted
nt 7 ? 71 c. large and coarse. 4juC ,
CHEESE Domestic brick. ll',4c ; Edam , per
do : , J9 DO , Club house , 1-lb Jare , per doz , J3 DO ,
Llmbercer , fancy , per Ib ilVsc ; Roquefort , H-lb ,
) aru , pel doz , Jl GO , Young Americas. ll'Jc ;
] lns , faney , lie
POULTRY Live Hens. 7c ; old cox , 3c ; tur-
leejs. lOffllc , ducks nnd geew 7O8c.
I'OULTUY Uressed-Chlckens , choice. SJJOc.
ciarso and Hrge , G5p7o , duckn , choice , 10llc ,
lurlee > s , choice light , 13iJ14e , heavy , lie ; scene ,
910e-
HAY Upland , J300 ; mldlnnd. Jl 50 ; lowland ,
H 00 , rye straw , $3 60 , color maleeB the price on
hay , light bales cell the best. Only top gradci
bring top pi Ices
I1HOOM CORN Extremely slow sale ; nw
crop , delivered en track In country ; choice green
Bcir-vroiklne carpet , per Ib , 2'/ic. cholco green
running to hurl , ' 4c , common , IHc.
OAME Jack pnlie | , Jl , golden plover , Jl 25.
milliard ducki. J3 W , readhends , J3J.O . , canvnBlnrk
[ lucks , J500&800 teal , blue wing. J175W200.
leal , green wing JlWiil7r. , mixed ducks , 51 MO
I 75 ; Onnndu gee so , IGOOS700 , small geese , JI.DO@
300. biantn , J3 50
PiaroNS Live , Jl 20IT1 2S ; dead pigeons not
minted. _ _ J
TOMATOPS riorlda , per bUOwtket crate , J4 '
CA1I1IAOE Callfoinlu tticU , pei Ib , 15iff2c.
I'OJ'AIOES I'nncj mllve ntuck , 2500e , from
itoro In urn.ill lots , SOc , ColoniUo slock , 40c ,
Iled Ilhcr valle > seed putatoes , OOQGSc.
ONIONS 1'er hu , 35050C.
IIEANB-IInnd pkkert nuvy. per bu , Jl 60.
8WEET POTATOUis Cliulco stock , J2 75 per
bbl
CELEIlY-Callfornla , per doz , No. 1 , 75o , No
! , Mo.
LIMA DEANS-Per Ib . 4J7l'Jc.
WATER CRrhS-Per IC-dt. case , Jl 75
PIE PLANT Hot house stock , per doi
bunches , EOflSic.FRUITP.
FRUITP.
STRAWHERH1 EH Texan , per qt. . 21e.
AI'I'LEB Choice tn fancy Hen Davis , J3 COff
I oo , cholco wine saps and willow twigs , J4 OOif
C'RANnEIHUES Jersey , J5 0000 00 , boxes , J2 23
J2 M
MALAGA ORAPKS-Per M-lh bM , J5 OOffS DO ,
; > er G5 to 70 Ib Broun J5 DOfM 00
TROPICAL TRUITS.
ORANQEH Callfuriila budded re > cdlliiK fancy ,
275fJOO ( , choice' . JJJ'jfi..W , fancy navLla , J3.DO
j37' . , choice JJ 25ff3 W
LEMONS-Mctplnas , fancy. J3 5003 75 , choice ,
3 OOiH DO , Callfornlas J3 < W 3 25
H ANANAS Choice large slock , per bunch , 12 00
JJ25 , medium sized hunchin Jl D082 00.
MISCELLANEOUS.
OYSTERS Mediums , 15c. tiatidaids , 20o , extra
> elecls , 25c , company selects , 27e ; New York
.ounls. SOc ; standard bulli , per hill , tl.10
HONEY Parley while- , per Ib , lit , choice ,
3e. California nmbei color , 12o
CIDEII-Clarlllcd juice , per half bbl. , J3 ; per
HAUER KRAUT 1'er bbl , , J3.DO ; half bbl ,
200MVPLE
MVPLE BYRUP-Flvo gal. cans , each , J275 ,
al cant , per doz , | 12 , Vi gul. cans , 1C U ; quart
ans , J3 DO ,
riOH Imported fancy , S crnwn , SO-lli. boxes ,
4c ; choice 10-lb , boxes , 3 crown , lOftllc.
DATKS New Persian , co-lli boxes , per Ib ,
V4c , fards , 10-lb. boxes , per Ib , 9c.
MAPLE HUflAR Choice , per Ib. , SSlOc.
I'RESERVES Assorted , 20-10. palls , cacb ,
1.40
COrOANUTS-I'er 100. 14 Mj each , Bo.
NUTS Almonds , California , per Ib , medium
li , lOc ; Tarragona. Blmcnds. per Ib , larce ,
2'4o ' : Ilrazlls. per Ib , He ; Eiudls1 ! w lnuls per
> > . , fancy soft shell , 12c ; medium sice , lOc ; III-
crts , per Ib , lOc ; pelicans polished medium ,
BJ large , lOoj peanuts , law , C't/To ; roasted , 7lic.
Tolnlo ( iriiln ,
TOLEDO , March -\VHEAT-HI ther ; easy ;
lo 2 cunh and March , UUo ; May , M c. , ,
CORN-No. 2 mixed , SOe , May. 30'4c. ' h
OATH-Qulft ; No. 2 mixed , SIKcj May , 2214C.
lei. 2 white , Sir.
RYE Dull : N . 2 null , SOc.
CLOVLK aEUD-Btcudy ; prliau each , $1,00.
OMAHA LIVE STOCK MARKET
Saturday's Customary Light Offerings of
Oattlo Rciulily Sold ,
S NO BETTER , BUT BUSINESS ACTIVE
limit * Souitltt Siippllr * niul Tool *
Uve-ii ( he lli'nvlon , ArttlcoltMt < lic
1 > > He-fun lloftn Soil u
Cooel .Mokol Itlulicr.
I SATtJIUMY , March 21.
, , . , .
Jlccclpte for the davs Indicated ate :
, , , Cattle. Ho Bhccp Horse * .
Mnrch 21 C.S3 2 2i,2 . . . . IS
March 20 UW 3 MS 4S3 13
Mnlcli 19 1373 394 ; $99 73
Mnrch IS i.RiG S in
Mnri.ll 17 1M1 4,131 CC4 19
Matcli 16 1,087 619 CM 11
Mntcli 14 1,1137 J2M 2933 . . . .
lite receipts for the week with compar
isons were :
Gallic.
Receipts tills wee' < . . 7.M1 i'iw ? 2G43
Recc-lpls last week . . 10,715 21 .11 ; 7,151
Suno week of lv > j , , 11,103 : i.2r JMS
Same week eif I si ) II SIO 31 CM 3974
811110 week e > f iwi 1CM ! J3.7SS 7,123
Sime wee-k of HM . . 15.7S7 3414 4 OS )
( JATTt.i : The te'cdpts toelay were llRht ,
OB usual on a Satmdny , only fiS'i hcnel bclnff
reporlcel In , but nt the panic time larger
than the receipt at cither Chicago or 1
Kansas Cltv. The market as a vvhqlc was
In tnoio satisfactory conelltlon than jcilcr-
tliy.
In ailelltlon to the fresh iceclpK which
were niatle up principally of fat cattle ,
there were quite a sooel many holdovers
on Bale , so that the offerings were qulto
liberal foi a Saturday. The prices palil
for fut cattle vvcie no better than jcstor-
elay , but the buyers took hold better , and
the pem were vve-il ( . it-tired and In Rood
season. It was easier to sell cattle at the
pricetlnn } csle > rdny Umn 'he heavy
cattle , which vvero neglected vcsterday , eolil
todny. The most of the cuttle hero sole !
Inilele the range , J3 GQJ3 M
In the line of butchers' stoclc there vvero
not enough cattle hero to create much
enthusiasm among the bikers Only six
or seven lexiels of cows nnel heifers vvero
on Bile , and they brought about steady
prices. Common cannery were. If anything ,
n little weaker. Uverj thing changed hands
In good season.
Stackers nnd feeders were also In very
light supply , ami there vve-re not enough !
on sale to cut very much of n llgure In the
trade. The cattle on sale found buyers , nnel
nt nbout the s imo o'd price.
llOdS The receipts eif lisgs vvere > light , even
for n Snturdaj , onlj 2,2ti2 bc-lng on Rale , a fall
ing on * of 1,000 ns compircd v\lth the close of last
week The rnpld decline In the market during
tin past few ilnjH haa evidently had Its effect
upon the arrivals.
After n rapid fall In values covering the past
two dnjs the in irKct took a turn today and
madesomes little progress In the opposite direc
tion. The hog sold nbout 5c higher nnd the
mirket wan rciHomiblj active nt the advance.
Thei bulk of the > Knlen was nt J3 70fl3 76 , ns
against J2 G" Sf3 70 jostcrday. Everything vva
sold , nn c-irly clearance being effecteel.
The hog market of the past week has been
rnther agnlnst the celling Interests At the * openIng -
Ing of the- week hogs vvcr * Bellini ; on thin mar
ket at J3 75f3 80. but on Tuesday there wns nn
advance of about fa und the bulk of the hogo
m > ld nt J3 SOC3 SI with a J3 90 top On Wednes
day the bulk of the hog3 Fold In the same notch ,
but them wns a slight falling off In values On
Thursday the. ilovvnvvniil movement ceimmcnced
In good earnest and was continued on Trlday.
The shrinkage In values for the two diys
iimounted to fully He Thedecline - curried the
mirket to the lowest point of the month to data
mil lower than It linn be n nny time since the
Inst of februaiy The advance of Saturday car
ried the- market back to a point where It was
snly nbout 5c lower tlnui at the opening of the
ue-ek , or lOc lower than the high point of the
ieck
The- demand ha-s l en good all the wiek nnd
the ) puckers have- been free hu > ers The shippers
liave ) not be n able to do much , owing to the
fact that this mirket hns been high ns com-
inrcel with others and that the receipts nt all
points have been lirge.
8HEE1' There were no cheep here to mike a
nmiket today The market has bfon In very
Fair Bhnpi ) the past week. The- pickers have all
l > een free hu > ciii of sheep , anel valueu have ad-
iancwl 2072Tic 1'nlr te > cholc muttons are
luotnblent J2 7503 30 , stock sheep , J2 0003 15 ;
lambs , J3 MiSi 25
CHICAGO LIVE STOCK.
Few Cuttle Were OITei-ril nml I'rlcc *
Ile'iiinliioel UnoliiiiiKTi-fl.
CTIICAGO. Mnrch 21 The few cnttlc Offerc *
: Dday were Bold nt unchinge-d price's. The
Lvcck's supplj Is the largest , for the third week
n March for any > enr since 1SS2. Prices have
lecllned Kharply under too liberal supplies The
mlk of the steers offered Bold nt from H 70 to
1410 , few selling as high as Jl 3G Heavy cattle
ire selling very bidly , and choice 1,300 tel
l , 00-lb Bteers were disposed of slowly nt from
J 05 to J < 25 At present good , hardy 1,230 to
,3M-lb. steers , fat and well llnlshe-el. sell to
he best advantage. Stickeri and fcdcr sold
n limited nurnbe-r nt from J3 65 to J3 80 Calves
live * sold e > ff on account of liberal receipts , nnd
inly a few as high an JS 75
It did not take very long to dispose of the
logs that arrived today , nnd prices were strong
ind 5c higher , with Bom sales nt n greater nd-
ance Prices all week did not get far away
rom J4 , and around that price the packers are
road buyera Today's snle were from J3 SO to
30714 , largely nt J3 90 , and pilme light brought
it from J310 to Jl
Tixlay'n sheen leeelpls were- readily sold'nt
ullng prlcep Veer to prlmi > sheep sell at from
i 75 to J4 Texans going nt } 2 75 for com-
non , nnd at freim J3 CO to J3 70 for choice.
Vesterns sell nt from $3 CO to J4 for choice anel
unibs I/ring from J3 75 to J < 75 for poor to
Receipts Cattle , 300 head ; hogs , 12,000 head-
heep , 1,300 head.
St. I.oiili I.lvc .Stot-Ic.
ST. LOUIS , M.irch 21 C
1 Tii3 | C1 , i. . . . . .
hlelly 12 VXiil 75 ' '
IIOCIB Re-celpts. 1,200 head Market r.o higher ,
le ivy , J3 70ii3 IK ) , mixed , J3COii3 SO ; lights.
170ii39-i
fiHEEl' Re-celpts , 100 head Market quiet ,
lathi H. S3 20ft a hj , Houllicrn. J2.5JJ3 50. wcsteni
5253370 , loinbu. ? 3 75g < 50.
ICaiiNiiH ntv I l\f Stoe-K- .
KANSAS CITY , March -CATTI.n Hecelpla ,
ft head , Milpmcntx , 1,300 head. Mniket nunil-
ill > unclinnki'l. Texas steers , f3Mfj3GO , lexaH
iws , J200ii200 ; beef steers , > 30.(4K , natlvu
iws. IIOOJ3X ( ) Bleickers nnd feeders , } . ' Mff3 ' ' 0.
IIOOS lUeelpts. 4.3W head ; Klilpments 9O )
end. Markit Hlreini ; and 5a hlirner. Uulk at
lies 13C0 370 henxles J3 Wd3.7B. parkew.
inofi-375 ; jnlxid 3 rxjffs 72'4. IIMitH , 3 10ffl3 70 ;
orkers. J3 CO J 70 , pigs , $ J 1003 70
Hlinnp Ilecelpta , 20) head , Elilpments , 1,200
pad Market steady ; nomln illy unchanged ,
hiie-k In
Record of ree-elnta at the four principal mar-
els for March 21 , 1890 ;
Cnltlc Hogs Hhcep.
julh Omaha , CW 2,21,3
lilcngu 8,000 12.000 15,000
insas City , , 200 43110 0)
t. Louis , 3,010 l,20i ) 100
Totals 11,8i" 19.7C2 15,300
.St. LoiiU Oe-lie-nil Alnrkrt.
ST. LOUIH , March 21. riXJUR I isler , hut
llh fair domettlo trade ; putints , J3U83G5 ;
ilia fancy , JJSiffJS ! ; fancy , J2 kUJJ.OO ; choice.
! 1.5(12.70 .
VVIIEAT Higher , but closed tnmc ; No 2 red ,
mil , G9c , UBkccl , elevator ; 70i7Ic. track. May ,
i'UiMo , July , SS p.
CORN Higher , but clused easy. No , 2 cash.
iVic : May , Sfy4 fC'ie ; July , XWIfi'itf
OATH rinner ; No. 2 cash , HiJjIJlic old , May ,
iT4c : July , lOVlc.
HE Nominal , 50 ,
I'LAX HEED Quiet ; S3'/c ' ,
TIMOTHY hEEI-J2WJ40.
CORN MEAIJ1 S5WI < 0
HAV Ve-ry tlrong for choice grades ; timothy
. an advance ; prime prairiebelli r ; prairie ,
Ui(7M ; tlinolhi. JDOOf/TKOO / thin hIC' | .
IIHAN rirnij 46MGc feir sacked , innt track.
lltUTEH Hteady ; creamerytiliie' \ dairy ,
POULTRY Klrm , luike > s 12012i4C ; chickens ,
| K',4c. ducks , lOc ; grct < e , 505'se ,
I'XHIH rinn < it Bic. !
WHIHICY Hteady ; Jl 22.
LEAD Very Ilrm and advancing ; 12 SO bid.
Hi'ELTER-Nomlnnlj J3 M.
COTTON TII72c. .
I'ltOVISIONS I'ork , belter : new JobblnR. | 9 23 ;
,1 , , | 875 iJird , Jlrmer ; ciolee , tl H7b06 O2'i.
icon and dry rait mculH Heady and unehunRc < ] .
UIM'lHITS-rinur , 3.0W ( Mil * ; wheat , 17,000
I . rurn 71. ( XX ) bu. , e-iilB , 42000 bu.
HIIII'MIJNTH I'lour , 40V ) bbl * . ; v\heat , 11,600
i ; corn , 70,000 bu ; on ID. 35,000 bu ,
I'corlii .tlnrUfU.
pnOUIA , Maich 21.-COHN-Steady ; new No.
27c , new No 3 , 2C'/4c.
DATS Irregularj No. 2 white , IteiJHu ; No. 3
ItYi : Dull , nominal ,
WIIIKICY Market steady ; nnlihed eood > on
o bdiiUi nf I1.2J for hlKh wind ,
[ tHCKIITH-Ciirn , S4.150 buihrlg ; oats , 76,200
nheli ; rye > , COO bunheli ; vvhltky , none ; whe-ut ,
100 bUHhels.
AMES E. BOYD & CO ,
Telephone 1030. Onmlui , Neb.
COMMISSION
WIN , : PROVISIONS : AND : STOCKS
Z.wm 111V4 Hoard of Trade.
Direct va-tt to Chicago und New York.
John JL Wurrta it Co , ,