0 THE OMAHA DA1LT , MAllOH R , 1807.
INAUGURAL IS REASSURING
Wall Street Haa Been Waiting and Now
Has Rsnowcd Confidence
PRE-EMINENTLY A BUSINESS-LIKE MESSAGE
Gin-It .Sit nil ( Ion , ToKfiliur irllli
TinnsMinl CotiilillffiOonx CIIIIMC
DlHiiiilcliiilc , nnil the DculliiK *
Arc on it Conner * n ( lie llitilx.
NEW YORK , March 7.-Hcnry Clews ,
head of the bunking homo of llcnr > Clowi
U ro.vrltei of the Mutation on Wall street :
Wall street tin * united * lth gicnt Inter
est for president's Intutguinl mtsMKO
nn > l hns reserved operations In antlclpttlon
of It. Its contents' weie greeted with gen
eral satisfaction , not to miy enthusiasm.
'Jho document was regarded an , In nil ie-
ppcets , n moderate , conservative and
Btatosmanly utterance wo I cilru a ted to
bcsprak public confidence. Its stntcment
relating to foreign , policy were especially
nsrurlng , The president's reference to tli
arbitration treaty Implies that It receive
his eordlil svmpithy. fioin which It Is In
fcrnhlo that It will equally have thn .ftunpor
of the new secretary of state.Milta no
Hppclllc reference Is made to Cuba , yet th
ptiHdrnt sit strongly endorses our historic
policy of International peace as to affon
ho Jo lo those w 10 have feared the po'nl
blllty of hasty nnd threatening measure
toward Spain. On the money question the
message In general terms , and yet unmls
tnknhly. supports th < > sound money sentl
inrnt of thu country. As mltjlH bo expcctoi
from the platform of his p uty , the presl
dent favors n thorough canvass of the scntl
ment of the Hiiropenn governments relat
ing lo International bimetallism ; mid. shotili
n conference for that purpose fall to bo
toe-lil , It nlll evident ! v be no fault of the
nn\v administration. With reference to the
paper money branch of uiircncy reform
the message Is not explicit , but oan hnidlj
bo construed otherwise than ns favoring i
course of treatment In hnrmonv with the
conservative vlowr of representative's of the
commercial nnd flnancl il communlt'e" ' * . On
the tariff question , Mr. McKlnloy favors
the procurement of all tin additional lev
etnie needed from duties on Imports. Takei
as a whole- , the me-ssagc Is n valuable t-on
trlbtitlon toward strengthening no rcvlvn
of conllduicc that has everywhere pet In
It tends to nllny distrust nt the few re
maining phases where It still llngeis , am
to afford assurance that , nt those- points o
the Tiubllc situation when- remedial tre.it
> ncnt Is most nefdcd , such action will nebo
bo neglected , but undertaken with well
considered steps nnd In a eonsi-rvatlvo
spirit. One of the most as uilng fcatuies
of the president's utterances Is the entire
nbscnce of anything that could be con
Fldercd as "doing something for silver '
otherwise than through International lictlon
I'lo-emlnenlly , It Is a husiness-llko mes
napo. It Is conceived In a business f = plrl
nnd It alms nt remedy at the points where
business opinion Is most nnxlout to see re
adjustment undertaken , while It contains
no utterance calculated to disturb confl-
clcnce. It will excite no sensations and I
raises no now Issues ; but , as a calm and
nerlous realization of the Important practi
cal wcrk that urgently needs to bu done , 1
will constitute a strong contribution toward
IMP recovery of confidence , both at home ,
and nbroid.
CONSERVATIVE AND CONFIDING.
Wall street still pursues the even tenor
of Its way with equanimity , discounting the
future In n conservative spirit , conlldlng In
t"ic comparative sifetv of the situation ns
It now stands and maintaining a gencrallv
hopeful attitude. During the vvpe-lc , however -
over , the stock market has boon put to r
rather sharp test by the > course of politic. !
affairs In Europe. Some disquieting factors
have nppoare'd In the Orcco-Turklsh Im
broglio While the powers appear to have
reached a unanimous undorstindlng , vet
there are doubts as to the e-ntlrc cordlnlltj
of t'.iclr agreement ; and. from causes bc-
jond their control , the situation Is so con
stantly changing that a bnnls of co-opera-
1lon which muy aniwer for today may bo
useless for the conditions of tomorrow
Moreover , It becomes more and moredoubt -
Inl whether the Greeks can be sulllclentlv
restrained to prevent them from resoitlng
to excesses that might have the dangerous
effect of breaking ui > the concert between
the powers the most alarming1 contlngencj
Ihnt could possibly happen. Added to the
Increasing dangers arising from the e-ast-
rrn situation comes the new aspect of Eng
land's relations with the Transvaal nnd the
possibility that It may lead to complica
tions between England nnd Germany pos-
plbly throwing a disturbing element Into
the relations between the powers In respect
to the Groco-Turklsh troubles. London ap
pears to be taking these particular possi
bilities perlously. with the consequence o
a large selling of ICnlllrs , weakness In con
sols nnd an advance In the market rate of
Interest. These arc matters of some Im-
pqrtanco to Wall street ; but so far , thej
liave been unattended with any noticeable
return of our securities ; nor docs It nppeir
reasonable to expect nnv such effect , ex
cept under much more seilous foreign con
ditions than now exist nnd vvhlcfh might be
attended iwlth a necessity for procuring
gold from this side of the Atlantic , for. the
more political troubles endangered the value
of Emopenn securities , t'.io ' more would for-
olgn Investors .sock to Inve-st In the Issues
of n great country exempt from the risks
of foreign politics
Dining the past week , nn Important no-
cotlatbn has been consummated here which
has the appearance of nnv Ing been In-
lluenced by n motive of that kind. A syn
dicate , consisting chiefly of foreign b inKers
hero nnd In Europe on Tuesday ncrced
with the Lake Shore and Michigan South
ern Railroad company to take JMOOD.OOO
of 100-venr 3'4 per cent bonds of that
company at 102K- , the proceeds of which
nro to bo devoted to the liquidation of the
cotnpnnv'H 7 per corit bonds maturing be-
tvvpcn IM'S ' nnd 1W5 The slgnlllcnnce of
this transaction. In the connection above
Indicated. Is that n considerable portion of
this Issue is expected to find n permanent
resting place among European Investors.
At the same time , such a large ncgot atlon
nt so low n rate as 1 7-1G per ce-nt net Is
calculated to affect favorably the ciodlt
of our railroad bonds In other countries.
JAPAN'S DEMAND FOR GOLD
An cvont which Is attracting some In
terest In Wall street Is the cadoptlon of the
Kohl standard by Japan , upon the basis of
lU'S weights of silver to 1 weight of gold ,
the silver being valued nt about the present
prloo of silver bull'on. ' As Japan has been
losing her gold by export for many > ears
past , her present stock Is comparatively
muall. She mav therefore be expected
to require probably not less than JTiO.OOO-
000 to JfiO 000,000 of the yellow metal to
establish the new coinage. As the change
Is to bo effected gradually , Us Importation
will probably bo also done gradually ; In-
rtoed. ns the country's foreign trade and Its
foreign orders for war ships arc now leav
ing almost no execs * of exports over Im
ports to be drawn against nnd as Japan
cnnnot borrow abroad , It Is not clear how
Bho can possibly accumulate the needed
weld otherwise than gradually. However ,
It Is not jet reported whether she Intends
to keep Homo silver for subsidiary cur
rency or to displace ) It entirely by gold and
imper money ; If the latter , she may pro-
e uro Homo considerable quantity of cold
throuph selling silver abroad. Also , she
litis still an Important sum on deposit In
Hr" , AlUl ! { ° , f I' " l111"1I" miy $10,000.000 to
Jl.1.000.000 ; but whether that Is to bo re-
heived for the procurement of war vessels
nnd munitions of war or may bo called
homo remains to bo ascertained , It Is
pnfo , however , to conclude that. In one
way or another , a considerable sum of gold
jvlll have to bo gradually procured from
J.uropn or from this country , probably
frum both sources. Only this week , it Is
it-ported from London , that Japan contem
plates sending silver to tuo United Slates ,
yhlch , of course , would mean In exchange
for our gold. The metallic reserve"
nlmost entirely silver-hold ncnlnst the
JEX'V ! ! lrp"Iltl01 ! ranges from M.000,000 to
00.000.000 of jcii ( or 40 to 50 per cent of the *
outstanding notes ) ; and It would seem that
nil of this , being Inactive ) money , could bo
spared for the procurement of gold. This
operation ts to bo regarded as tending to
exert a steady presstiro upon the European
iiioncy markets for sonic- time to come.
Alongside of thin eastern demand for gold
% vo must expect to sen n European otitllovv
to HuuHln In connection with the read
justment of her currency s > tcin. and with
her loans for the construction of the Sibe
rian and Chlneso railroads ; that demand ,
however , In likely to bo felt first of nil It !
1'arlH. These facts seem to foreshadow
n considerable eastward drain upon the
European gold stocKs , with an obvious
future ) effect upon thn rate for money.
Their Immediate bearing , however , la less
: viv i'issiMisTs AIM :
of I'riint IN .Noti-il AIIIOIIK
MHII > - Prominent riiiiinoliTN.
NE\V YOIIK. March 7-Wall street has
} iml an enthusiastic week up nlmost to thu
close. Several times It has looked as If
\ > o were In for an old-fauhloned upward
turn In the market. The result , however.
lias been somewhat disappointing.
W. K. Vanderbllt's tlnanclol feat In round
ing the Lake Shore's JM.000.000 bond debt
* o.Uint in no future Interest charges will
only bu Jialf of what they have been 1ms
Impressed Wall street an n matter of great
confidence , ami on nil fhha wu nro treated
to proclamation ! ! that out of thin trunu-
action win come a buoyant stock market
equal to that < w hlph developed under the In-
eviration of the West Shore deal of a dozen
'
yearn njo put throj h by the father of th
prc-ent Vnndcrbllt *
i Many of the most Important Dnnnriei
here , who have been holding aloof from th
m.irKct for a long time , have llnnlly change
front Insofar , nt Icnst , ns to talk bullish
even If they arp not 5tt nBnrc f > lvely net
Ing so Conxplcuous In this list Is Itusae
Sucre- , whom 1 quoted a month ago ns m
vlrfng SVnll slieet i.Rnlnst too mutM en
thuilnsin Ho did not hesitate to say the
that certain Wall "treet operator ; } im <
loaclel up wllh stocks for the simple pur
pose of unloading upon the public , whos
enthusiasm ovei the approach of the Me
Klnlcy ndmlnlstrralon wai counted upon n
likely lo Induce stock market purchases
Tno course ejf the rnail.et subseiuentl (
wnrnintcd this conservative advice- from
Mr. Hugo , who now , limvcvet. pays.
"We arc now nt a new Malting point Th
outlook Is fnvotablo In almost every par
llutlnr. It will not take lung to bring nbou
n. stnte. of luislnccs nlTiilr.ihlcli will en
ctiunge nil of us. People who look for
boom will be disappointed , and It is we
they should bo. Dooms never do inybod
good. Thcv alvvnvs have results strlnpln
j dli-nster along In their trail. In Wnll stree
1 or anywhere else Impiovemcnt , to bo sul
stantlal nnd lasting , must uomo conservn
j lively without n rush. Wo do not wan
spurts we want something real , LOtnethln
that will last for more than n day. Pros
dent McKlnlcy Is In every high sense n snf
nation il leader.
I "Personally , 1 am pnthuslnstlr over th
wav In which the ndmlnl"tintlon stnits. Th
dlKnlllcd nnd patriotic Inaugural of Mr. Me
Klnlc-y must Inspire the confldcnce of th
nation , nnd unlversillv therr must b
agreement that the business Interests o
the country nie nmply safeguarded In a
administration putting Into operation th
principles for which Mr. JlcKlnley stand
nnd concerning which , In his nddrcss to th
people , he hns made himself so elenr.
CONGRESS WILL WORK IN 1IARMON\
\S hat Is of Importance , too , Is thnt w
nro pointto sec the new congress wor
linrmunlously with the new president. Th !
Is not what Is generally expected In Wai
sticut , but I think I hive ample ground
upon vvhtPh to ba&c my belief that nu soot
as the cxtm besslon gets to woik wn Khal
have inompt and satisfactory action. Ther
will he less obstruction than generally I
nppiehendcd. I look for prompt work Ir
congress. Indeed , I think I can say thn
Homo of the silver scintors who arc popu
hilly counted upon to try to Impede the i-n
nctment of n new tariff law are really dls
posed to go aland lit n spirit of fairness
After nil , some of the most Important sen
ntois of this clafi-4 do not forget that they
have been almost , life-long i ( . 'publicans , am
such men nrc appieclnttvi- the fact Urn
McKlnloy , ns he himself fully declared , I
a. trno ftlcnd of tno cause of silver whei
tint CMIIISO otn hnvo Idcntined with It rcn
sonablo opportunities through joint action
among the nations of the world. Will
othtr sane men , the president uulbcs , o
course , thnt the United States canno
ustnblMi a free c-olnngc Independent of al
the rest of the world , except to bring ultl
male disturbance Into all our business re
latlons.
Diplomacy can help us. Through states
manshlp-llke endeavors theru rnnv come
the establishment of a proper Internationa
understanding on this great question. Am
there are manv silver men in congress who
rcallrlng this nnd believing In the sincerity
of the pre-sldent , are ready to put preju
dice nsldo to the extent , at least , of no
attempting to handicap his plans on other
nnd Independent matters If this prove :
true , nnd I hnvo every re ison to ttust It
the HjiOclal session of congress will no
lust long , though It will accomplish much.
As to thu stock market , the Improvcnien
I expect will corno nt a moderate gait. In
vestors of the country liavo sulTereel too
much , the buying power or the country has
been too much curtailed , to permit of any.
thing like n spontnncous outburst In Wnl
street activity , unless that outburst be the
result altogether of manipulation , In whlcl
c.iscIt must turn out to be hurtful rather
than helpful. Hallway returns nro stll
ragged. IJuslnoss men nro not making
money jet. Collections all over the coun
try are slow. Wo are still waiting for
something good to develop
Personally , ns I have said. It peems to me
that the prosperity we all so much long for
Is close approaching.
CONSERVATISM IS. NEEDED.
In nnv Improvement that does come , inso
far as V/all street lo concerned , the great
est ndvnntni.e will naturally accrue to prop
erties which have conscrvat-v'c manage
ments , which have not been ufinld to face
the- public with what are the facts In
their conditions. Corporations that dodge
the truth are corporations bound to pro
voke distrust , vvhloh cannot be erad'cated '
by any block market manipulation
These are times when every man should
be ullrn-conscrvntlvc. These are times
for hopefulness and for confidence but not
times In which to be reckless.
While during the weoc enthusiasm hns
been Intense over Lake Shore , there nrc
corporations as conspicuous still devoted
lo the rn > stoiles > ot construction accounts
still having widely fluctinted operating ex
penses percentage , still making clear un
certain Itcmlzation , nnd some going scan
dalously further , even to tne extent of de
nying the stockholders Information of any
kind , whatever , reiving some for defense
upon effrontery , and some others on sub
terfuge , mlsslutement , nnd deceit. Proper
ties bo conducted are not proper lies enti
tled to conlldence , or which , even If they
temporarily obtain confidence , cannot kecr.
It. .Manipulation is the only hope of stocks
so situated. Recent revelations make this
fact Mgniflcnnt.
Wall street hns been more than surprised
It stands ama/ed at tne disclosures In
the matter of Jersey Central's financiering
methods. After suppressing the annual re
port ol a subordlrmtc and dependent corpo
ration since 1853 , the Jersey Central nt the
beginning of hist month claimed to be re-
ccrvlng from that subordinate corporation
large Interest payments Ko Informal or1
anywhere was available to corroborate or
refute this representation. Olllcers of the
Jersey Central nnd olllcer ! , of the subordi
nate. Lehlgh & Wllkcsbarre company both
refused to make public the official figures.
In Pennsylvania , nn otllcer of the state
government , having the llgures on file- ,
similarly refused to divulge them. An
official copy of the statement for the tax
year ending with the Mist Monday In
November Jnst , was obtained , however ,
and an quoted In these d sp.itches , showed
this subordinate company , which was rep
resented ns contributing largely to Jersey
Central's treasury , was really earning a
detlclt of thousands of dollars per day.
REVELATION IS ASTOUNDING.
Such an astounding revelation could
hardly nt the start be grasped Hut cor-
roborntlon carne promptly. Jersey Cen
tral's president , he being also president of
the Lclilgh & . Wllkesbnrre , .ssued n memo
randum In which he admitted the correct
ness of the statement , maK'ng , however ,
excuses for the bad showing on the ground
that the figures sworn to by him In Penn
sylvania were for the tax year ending at
the beginning of November , and not for
thn calendar jear ending- December 31 last.
Now he elves out the calendar year figures ,
and It IH strange , a. very strange , situation
that Is presented. A corporation manager
of February 3 , 1S37 , Issuer an official btnte-
ment to the stockholders of his company ,
claiming to have received J42S.OOO iih specific
Interest from a Hubordlnnte company , nnd
then thirty days later Issues a statement
tor that subordinate- company , In which ho
for that Hubordlnnte company , In
which ho states forthwith with
similar cxpllcttncss that no such
money was paid. This Is the Jer
sey Ccntral-lxhlgh & Wlllusbarrci situa
tion. No defom-e Is possible. Clever hair
splitting may be resorted to , but the essen
tial fact remains that th president of a
railroad corporation has certified to the re
ceipt of hundreds of thousands of dollars
which t-lHowhcrc- certifies never was paid.
Other grave features marKcil this Incident ,
but this Is the gravest , and It carries urnplu
warnings ,
Tno stock market today , after having had
; ho advantage of buoyancy umpired by the
Vunderbllt deal In Lake Shoie , showed
much weakness , 'J'hls sudden change was
ittrlhutnhlc ! to panicky conditions on all
the bourses of Europe because of the gen
eral apprehension abroad that war might
Crow out of the Crete Incident.
It Is nn odd calculation which figures out
row America can bo hurt by a foreign war.
Instead of doing us damage , it would
mightily help us. Our crops and the out-
lut of all of our factories would mcot with
jupieeedenled demand from foreign luijcrs
n a fortnldht after the first genuine war
move on the other tide.
The monev market might grow stringent ,
Jut. . CJ ? , " ttll(1 S01"1 "ot ernlmrrasj the
United States , where millions of Idle capital
are banked up. II. ALLAWAY.
lliiiii-lii-xlc-r Tfxlll ) . Trail.HtvlcMV. .
MANCHESTER , March 7 , The Improve-
nent manifested In the transactions In this
narket during the week ended February 27
ontlnued this week until Tuesday nlsrat.
Hut sljice then the tension between Greece
mil the great powers has upnut all cnlcu-
atlons for fresh bushu-sH. The spinner. ) ,
lovvever , are now well under way with con-
racts for teveral weeks to cornu and some
yarns show an advance of % , cl over bottom
nlees. Cloth was Ubs bencfltcx ] , thu trans-
ic-tlons , though largo In the aggregate not
ic-lng at all general In distribution. Since
Trlday a number of looms which bird been
itopiu-d have been started. Confidern > le
nqlilry , Indeed an Increase over normal de-
minds , was made from Calcutta , but rte
irlcta offered und the time of delivery pro
posed prcrented , for the most part. In
superable obstacles In the vv.iy of carrying
out the susKested transactions. The Feb.
ninry trade return * show that the export
of yarns decreased C per cent and the c-x-
> ort of cloth.20 per nut. or fsS.OOOOOO yards ,
lornbay taking 53000000 less Exports of
cloths to the United States show a flecrenFO
of SO per cent , The Gerrnun splnnerx , hovv-
ver. ure doing vve'l ' rtports from Westpha-
lu showing an advance of contracts for the
> ej < t Jive months among rhe spinners there.
The Rouen market .was fairly active.
OMAHA LIVE STOCK MARKET
Week Ends with Few Cattle and a Fair Hun
of Hogs.
TRADE WITHOUT INCIDENT OF NOTE
Ilcof-Meii liny i\er > tlilnK
Offered lit Sternly to Strong
1'rlrcn HI > KN Tnkc uii
Anuthur Mckc'i.
SOUTH OMAHA , Mnrch G.-ncccIpta for
the dfija Indicated were :
Call le. Hogs Sheep. Uorscs
Mnrch C . 770 2 , ! > 93 . . . . 34
March 6 . 1,813 3,492 3,705 . . .
Mnrch 4 . ? ,432 B.75S 2.770
.March 3 . 1,511) ) 6,199 2,273
March 2 . 3,339 6,914 2,144 4.1
Mnrch 1 . 1,727 2,001 6,387 . . .
rtbrimry 27 . 8o3 6.441 1,245 4
February 20 . 1,504 6,251 1.576 2
1'ebruury 25 . 2J > 40 6H6 3,053 . . .
February 21 . 2,592 5,051 3,810 . . .
Fcbrunry 23 . 3,022 6,223 3,555 . . .
February 22 . 1,747 2kOO 3,502 50
Kcbnnry 20. . . 1,303 7,441 S12 32
The olllcl.il number of cars of stock
brought In today by each road was :
Cattle. Hogs. Horses
C. , M. & St. P. Ky . 1
Missouri Pnciilc Hy . 1 2 .
Union Pacific system. . . . . 8 15 .
1" . , U. & M. V. Ky . 0 8
S , C. & St. P. Hy . 1 1
C. , St. P. . M. & O. Hy. . . . 9
II. & M. H. H. 11 . 8 10 2
C. , U. I. & P. Ily. , cast. . . 1 J. _
Total receipts . 31 4J 2
The deposition of the day's receipts -was
as follows , each buyer purchasing the num
ber of head Indicated.
Buyers. C.Utle. HOKS. Sheep
Omnha Packing Co . 8 M77
a. H. Hammond Co . 190 892
Swift and Company . 305 953
Ciutnhy Packing Co . 101 63
It. Ucckcr and Dcgan . . . . 5 .
J. U Carey . 64 .
Other buyers . 145 . . . .
To'al . 821 2875
CATTLE The week's supply , Including
today's light run , only foots up II.GW head ,
against 12,711 last week. While a largo
proportion of the rpcclpta were fed cattle
and sold to killers , the showing of better
than just fair grades wan very small and
nothing really choice \\as marketed. It was
about the sumo with butchers' stock , the
big end of the supply being on the medium
order , but , as n rule , the stockers and feed
ers vv ere pretty fair In quality , and mostly
of weights suited to the present demand.
Lighter receipts at all points than the
trade gene-rally looked for has Improved
prices somewhat on such cattle as are most
wanted In the dressed beef and export
tiade , but the recent high range of prices
for feeders has shut off the country de
mand to a considerable extent and lowered
values on the general run of cattle of this
description.
Todnj's market was without Incident of
note , supplies being too srmui to excite much
enthusiasm or make comparisons of much
\\orth. The dressed beef men wanted cattle
and bought what were in sight early , at
fully steady prices , a little stronger In
some Instances where offerings Just suited
the purchaser. Sonic very fair 1,400 Ib.
beeves sold at fl 40 , and from this point
prices ranged dow n to $3 50 for common
odds and ends. While the week's market
has not been particularly active prices are
lOfalSc higher than lust WCCK'S close for the
n'oro desirable grades
There was the usual good demand for
cows and heifers at fully steady prices , and
the four or five loads here were soon out
of first hands. Hulls , oinor rough stock
and veals were also steady and sold readily.
As compared with last week's close the
best dressed beef cows and heifers are
selling a shade higher , with the market for
butchers' stock otherwise unchanged.
Stockers and feeders were In bmall sup
ply and trade was quiet , with little change
quotable from yesterday In values. This
has been an off week for all but choice
yearlings , and closing prices are 10-S20c
lower than a week ago In the genera'
market.
HOGS Receipts were very light , even for Satur
day , only forty-live lomls. making the week's
decrease from last right arbund 6,000 head. The
Itiallty of the otTerlnss was generally good nnd
fully up to the recent tu cruse , with medium
u eights comprising the bulk of the supply.
The n arket was entirely In the hands of local
bujers , but they all wanted nous. Strorg ml
\lccs fi m other points and the light supply hcr < *
Ka\o sellers the best of the situation again ami
uujers had to pettle , the sales erasing a full
dime higher and selling very rapidly. The range
was narrow , { 3 GWV3.70 and the long string b-olil
at $365 , against 13 C5JJ3 CO jcstcrday nnd J3 40 ©
3 45 on last Saturday.
Todaj's prices were the highest since M.l.ch
30 , 1S96 and were clo e to 20c higher than u
wrek ago During the same time provisions hnvc
adianctd as follows : I'ork , 27ic ; lard , 15c ;
rilis. 25e
SHIjnt' The market was bare of supplies for
the first time this week. The market has beer.
actl\e at linn prices all the week anJ the big
tnd of the 10,200 received sold for local slaughter.
CHICAfiO L.IVII STOCK MAUICET.
AilAimcc of n Dime in Cattle mill
Nt-nrlj UN Hiic-li In lIiiKN.
CHICAGO , March 6 Receipts of cattle
amounted to 475 head , and not only was the
supply well taken , but sellers got an advance
of lOc. The prices paid were Ka higher than
a week ago Sales were made at from J375 to
335 for the poorest to the Lest native beef cot-
le. The bulk sold at from $1 23 to (4 So. Stock
era and feeders remained nctl\e and strong , with
sales at from $3.50 to $4.10
Hogs wire from Do to lOc higher today. Com
mon to best xold at from } 3 40 to $3 ! )0 ) , siles
icing largely at from J3 75 to $3 B5. T.ic re
ceipts were 14,000 head ,
The few sheep and lambs marketed today Bold
at unchanged prlcoi Common to the best
ambs told at from J3 SO to J3S5 , > cartings , )4 to
4 DO Mieen sold at from tl SO to J4 30 for com
mon to choice westerns , comprising fie bulk of
the offerings nnd brlnglpg from 13 50 to 51 25.
KIIIIHIIH City 1.1 % e btoclc.
KANSAS CITY. March C CATTLC Receipts ,
,000 head ; shipments , 2 500 head Market un-
ii > anged ; only retail trade ; Texas steerr , 1275
ffl 05 ; Texan cows , { 2 000J 21 ; native slPers , J3 15
. .I i 00 , natl\e cows and hclfcru 11.7301 70 ; stock.
ers and ftiderx , J32..CMM. bulls , } . ' COJH W > .
HOCiS Ilecelrts , 4 IKX ) head ; shipments , none
Market ftrong- , lOc higher ; bulk of sales. JS COif
60 ; heaUett , 13 G5R3 8214 ; packers S3COI/370 ,
mixed , J3 ClflS SO ; lights , J3 4503 C5 ; Yorkers , 13 GO
03 fr > : pit , * , (3 2:93 55.
bllCHP Receipts. DM head ; shipments , 1,500
lead. Market steady ; lambs , 14 Wffi4 CO ; mm-
ons , } 2 000 3 SO.
St. IonlH Il > < - Stock.
ST. LOUIS March C CATTI.i : Receipts , 200
le.ul ; market steady to strong ; fancy export
trers , 15000535 ; natlie shipping steers , (4 00j >
25 ; sticrs , under 1000 pounUx , 5,1 C0if4 03 ; stock-
rs and feeders , t2G ijtr > ; cows and heifers.
2 ZSf4 CO ; Texas steers , J2 1004 20 ; covvu and
lelfers. J2 00j3 00 ,
HOOS Receipts , SOCOhcad ; market active and
c higher , light , ! 3,70J3fO , mixed , JJtOSSSO ,
icav y 13 40 ? 3 K
HHiii' Receipts. 1000 head ; market steady ;
latlve muttons S350fT425 ; lambs , } 4 COtfj CO ;
Fpxas khcep , } 3 30fJ (0.
.Stock in SlKlit ,
Record of receipts of live stock at the four
rlnclpal markets for Match C :
Cattle. lings Sheep.
Imaha . 770 2,603 - , . . .
'hlcago . 47 i 14000 f,00
Ciinnuj City . l.COO 4,000 SCO
t. IxiUls . 200 1,000 1,000
Totals . 2415 21 , EM 2,000
London llonr > .t
LONDON , March 7. Money rates during
ho past uci'k were decidedly easier ,
hough a reduction In the hank rate has
ecu pre\i nUd by the Cretan crisis , which
ecps buhlncfs at the Stock exchange very
nuth rtslrlcted. Continental bourses have
old heavily nnd although ( hero have been
cw transactions , the prices h rc have been
orced down accoidlngly Greeks , Turks and
Julfnirliuia huvo fallen from 20 to 40 points
nd Italians nnd Fpanlsli 1V4 points. In fact ,
11 foreign KPuurltlex how morn or ICES of
decline. Argentlno nni ! Ilrnzlllans have
alien from 1 to 2 points , trnuimyans have
alien : i points In the score of reports of
evQliitlonttry outbreaks. With very few
xcepttohs homo rails show a decline of
rom 1 to 2 per cent , and African mining
eourltlis arc still falling. Unless the dovvn-
ard movement Is fpiedlly at rested serious
rouble Is Inevitable. Americans nr also
epressul , though not to the same extent.
rt-sldcnt McKlnley's inebsago hail little cf-
ect on the London money market. Its ten-
cnoy liavlnp been already discounted. It
u builcved that but for thu Cretan troublra
imerlcnns uoultl iihov , a substantial rlta on
: io strength of the general Improvement of
usjncHS In the I'nlted States. The fol-
owing railway bccurltlcs show an Increase
nrlng the week : I xke Shore , 9 j er cent ;
vmcrlctina show a fractional decrease.
Soroml Si-rli-H of Wonl
LONDON , Mnrch 7 , The arilvaU of wool
o dote for the second series , which opens
cxt Tuesday , are as follows : New South
Vales 90092 bales ; Queensland , 40SS9 biles :
Ictorla 103.311 bales ] Tasmania , 6011 bales
oulh Australia , , i22 bales ; Wedt Aus-
ral'a. ' C.Wi2 bales ; New Zealand , C9.no bales
nd Cano of Uood Hope and Natal , 34,2fi5
ales. Total , 340,308 bales , Including SI,100
bales sent direct lTh/re ] / will be offered '
nt hid Kftlea 3.65S IxlR.a'lof Falkland Island ,
wool. The net amount of wool available '
Is plnred at SSl.Slft-Uftlcs. The Imports
for the week aggregated WOI9 ) bnln. In
cluding. New South ? Wnlen , 24.COO bales ;
Victoria , 17.714 baftft South Australia ,
Sno. < bales ; Tnsmnnlnf4 I'M bales : New Ken-
land. 24.SS1 biles ; Mhdelfai , 61 bale-V Singa
pore , 2,922 bales ; Capo -of Good Hope nnd
Natal , 1,137 balci , nnd Trance , "SO biles.
The Imports for tht t-eck also Included
seventy-six bales frdm IJilboa and 118 tons
from Novorossisk. _ _
CHICAGO IMIOV1SIONS.
Trlccn of Sntur-
CHICAGO , March -nvenlng up trades
In anticipation of developments on Monday
In the Utiropean political situation was the
order of the day on the Board of Trade.
May wheat declined VifcHc. Corn held
steady. Oats lost 1-lGc , while provisions
were firm to a shade higher on light re
ceipts and support by packers.
It was principally n lack of demand to
\\hlch the weakness In whcut was attrib
uted today nnd a sort of c\rnlng-up policy
with traders seemed to have been pursued.
Operators were not Inclined to do much
selling. Neither was there much of a dis
position to purchase , the uncertainty of
nlfalrs In Crete making the inclination to
ward a waiting policy. Consols were
quoted a shade lower. Cables came a trlllo
better , not so strong ns dealers had ex
pected , though. Liverpool was only Vli/6d
higher. The port clearances were small
nt 138,000 bu. There was very little bus
iness , only 12,000 bu. of mixed lots going
to millers. The receipts In the northwest
were large. The Ohio state crop report
made the condition of the growing wheat
83c. The Argentine shlpmentB were re
ported nt 192,000 bu. , ngalnst 1,162,000 the cor
responding week a year ago. Uradslreot's
estimated that the world's visible supply
of wheat would be down to 100,000,003 bu.
nnd It Is claimed will be the smallest since
1S91 at the corresponding date. Receipts
nt Duluth today were 130 cars nnd nt Min
neapolis 197 cars , a total of 327 cars , ngalnst
298 cars yesterday nnd 401 cats the corresponding
spending day last year. Local receipts to
day were 20 cars , of which 0 cars were of
contract grades. May opened US'&c lower
at from 7UV4C to 7G1c , advanced to 7o'1ic , de
clined Irregularly to TCc nnd closed at from
7Ce to 7G' ' , o bid.
The trndo In corn was heavy. The range
In prices was We nnd closed nbout ns yes
terday. 'iho prevailing tone was stiong ,
largo purchases by a prominent shipping
house being the feature of the trade. Sell
ing was by receivers nnd commission
houses nnd for scattered account. Light
shipments from Argentine , 40,000 bu ,
ngalnst 838,000 bu. for the corresponding
week a year ago , nnd largo exports from
this country during the same period , G.253-
000 bu . weic strengthening considerations.
Hccclpts today were 290 cars ; seaboard
clearances aggregated 77SCoO bu A good
shipping demand was reported. May
opened Ho lower at 21'X.c , advanced to 24 > 4C ,
reacted to 2lc , where It closed.
A fair trade was reported In the specu
lative market for onts , mainly on local ac
count , the shorts covering. The opening
wag steady. Oats became strong In sym
pathy with the advance In corn , but eased
off later on In the absence of support and
closed weak at the lowest point of the day.
May opened a shndo lower at 1714c , sold
at from 17c to 17 > 4c , and reacted to 17J4c
nt the close.
Trade In provisions was fair at a trifle
advance. Holders were disposed to even
up nnd thcli soiling/ / brought nbout reac
tions from the best .prices. Receipts were
moderate , with a .slight advance In hogs.
Demand on shipping account was rather
active. May pork obsed ZVfcc higher at
JS 3714 ; lard , unchdngcd at $4 20 , and ribs
2 < &c higher nt $4.40.
Estimated receipts for Monday : Wheat ,
14 cars ; corn , 270 cars ; oats , SOO cars ; hogs ,
34,000 head. , i
The leading futures ranged aa follows :
Articles | Open. | Hlith. | I Close. I Ycat'y.
Wheat-
March. 7AM3M ir 75 7IJ1 ,
May. . . " ( IKS * ! ? 10
Jab. . 73J (4H " 'i
Sopt. . . 71H 72 * 71
Corn f .
March. ! 3H 231 23M
May. . . . 244 24 24
Jnlj. . . 25H 2fitt .
Sept. . . 27 27liaU C 27 27GM
O.UB t
March 16 10
May. . . . 17K 17HHi 17H 17W
Jnlj. . . . ISlMQlt IB'i
Pork-
May. . . . 8 33 8 40 ,8 , 30 8 II s ns
July. . . 847H 800 8 43 8 45
Lard J"J X
Ma } . . . . 4 20 4 22K 4 20 4 20 I 20
July. . . 4 BO 4 U2H 4 JO 4 : io
Sh'UUbs
May. . . 440 442(4 ( 4 40 i 37K
July. . . 4 60 4 C2 4 CO 4 50 4 47H
No. 2.
Cash quotations were ns follows :
I'LOUn Steady : winter patents , 3 40ffl4 SO ;
straights , Jl D04 20 ; tprlnt- specials J ( 40 ; spring
patents. $4 0004 20 , straights , $3.40370 , bakers.
300KI540
WHEAT NO 2 pprlnp. 7J7Bio ; No. 3 spring ,
72@734e ! : No. 2 red. EC c. .
. COIIN No 2 , 23V423c ; No. 2 jellow , 23JiO
OA'TS No. 2. IC'iraiCIo : No. 2 white , 19V40
21'4o : No. 3 white , 1CJ19C.
-No. 2 34034HC.
t.nv No 3 , f. o. b , 23ffl30c ; No. 4. I. o
b. , K < G 6c ;
TLAXSnCD No 1 78Q700.
TIMOTHY SnilD-Prlmc , { 2725275
PKOVI8IONS Mess polk , jicr bbl. , JS 22V4S8 10
Lard , per 100 Ibs , } 4 lOifl 1J .Short ribs , Bides
: ) , $4 3004 CO Dry salted shoulders ( boxed ) .
J4 75 Short clear sides iboxul ) , 5160S >
4 C2'4
WHISKY Distillers' flnl hed goods , per gal. ,
J1.17.
SUGARS Cut loaf , } 5 14 ; granulated , M 51 j
The following were the receipts and shipments
today :
Articles. Kccolpts
Flour , bblB ,
Wheat , bu . . 41,711
Corn.bu IL'0,001
cntN.bu 1U2.G1U
Kjo.b'.i
U irlcy.bii 12.318
cxaliin o toliiyt'ia bitter lair-
lct VV.'IH dull : cro.unury. l.Uilllc : dilry , Ui
lllc. E 'CH Ilnn : ficHh. lie Chcexc. ( Inn ;
7H > Hllc ; . Dre-RHeil poultry , firm and unchanged ;
tmlteya , lliillHc ; clilckciis , Oh 7 > ie , ducks , 111
llrltlxh Grain .llnrki-i.
LONDON , Mnrch 7. The weather during
the past week hns been milder , with strong
winds , nnd farm work his made good
progress , The crop conditions nro fnlrly
Kood.
In the mnrkot wheat early In tire week
was disposed to harden on American ad
vices ; but tire consumers' demand was very
poor , and tl ere was no speculation nnd
native grain VI > H easily obtainable. Tno
political situation hardens the sellers ; but
the buyers are indifferent. California
Wheat , prompt delivery , was quoted at Sis ;
northern spring wheat , Mnrch nnd April
delivery , wns quoted at 3.2s. Flour wns
quiet and steady , nnd Its Iluctuntlons were
slight. Maize was steadier , with Icai
offering. Mixed American , stenme-r mnlze ,
March delivery , was quoted nt 13s. Uiirlcy
was firm and Inacthc. Oats was muro
active nnd dearer. American clipped wlilto
outs , March and April delivery , was quoted
at 12s Od. ,
.SUI'HiMI3 COURT
LINCOLN. March 2 , lSS7.-Corrrt met pur
suant to adjournment , ' William 8. Matt-
ley , M , II. Leamy ntJ M , P. Stanley were
admitted to pract/po. / (
Downlu ugnlnstj Marshall , dismissed ;
Northwestern Mutjiuli.LIro | insurunco Com
pany against Milvlill | | , uarrnrtl against
Johnston , Coolc adjust Kenlston , Davis &
Hatikln Liulld'ng .and , .ilanufacturlnt , ' Com
pany against Cere cq Creamery Company ,
and LutenHer agiilnst'1 ' Mistier , dismissed ,
unlcsn briefs nr Illed'ln llfteen da > s ; Wil
kinson UMilnst 1'ruHch und Toscan against
Uovles , dismissed /unless briefs uro tiled
lu thirty days ; Knrb ch against Clarke- ,
dlsm'ssed unless brlai nro filed In twenty
, _ . . . _ *
* v f ' tr 7 I r >
days. Home I'IriI nauranco Company
ngalnst , AVeed , Ic.ivi/.Klyc lo amend petition
In error ; Morse ngalfrHt'ltenuhaw , diminution
of record allowtclL' | ' < titnto ex rcl Gray
ngalnst School dlfjjVlrt , Norfolk , advanced ;
Ileutrlce Heal Knunc ana urust Company
ngalnst German National il.ink , and Dod-
uon l xctmnge ami ( Transfer Company
ngnlnbt Wllbon , Klrjfhmaii against Kratky
nnd Kllment atmliM/Kratky / , orders of re-
vlvor ; Homo l tro insurance Company
ngalnst Wood nmTTniladolphla Mortgage
nnd Trust Comnin > ; > yUgainst Izurd , dis
missed ; Kranco atalnst Hell , motion to ells-
mis' ) overruled ; Ackcrmun ngalnat Acker-
man , motion to modify decree overruled ;
German National Hunk against Farmers'
: md Merchants' National Hank , Holstcln ,
jlll of exception quashed ; Morr sscy
jgalnst Uvvyer , motion to advance over
ruled ; Hoffman ngalnst Tucker , motion to
liuihli bill of exception * overruled ; Me-
L'onrraughcy against McCnrt , dismissed ;
iilmmernrun againstKlmmermon , appellee
illovvcd suit money.
March 3 Frontier County against Itath-
jiui , dlsrn'bsed.
Mnrch 4 Stnto ex re ; I Marquet against
UauBhauscn , order ullovung referee's fees ;
[ < "runklln Savings lluik > - against Nlchol ,
dcherer against Ueddlo opd Sivun against
rCalavern , dismissed ; Home Fire Insurance
Company ncalnst Qurney , motion to quash
lll of exceptions overruled ; Prank against
Pacific Mutual Life Insurance Comp.my ,
rehearing on motion allowed and cause ad
vanced.
Hehearlngs were denied in the following
: auses ; Qrecley Btuto Bank gainst I lne ,
Jameson agulnst Kent , Kggleston against
31usher , Shaw acalnat Itoblnson. Omaha
Street lUUIvvuy Company agulnst Leigh ,
Picked against Whitney '
State llnnk , arltnth ngnlnst Thompson ,
Mo < < pman ngtilnxt Jlrltuhiipcn , llongland
ngalnnt Van nttcn , Wnttlo npnlnst South
Onrnhn , Ice nnd Coal Company , and Stoll
ncnlnst Ishpemlnc Nntlonnl Rink.
Hulo 3 amended by adding' "Advanced
cntes nnel ceruses Inwhich rehcailngs shall
have been Krantcd will bo placed on the
call for the sitting of court next following
the fxplrntlon of the ttmo for serving
briefs as provided by the rules. "
llulo 9 amended by Inserting "tho docketIng -
Ing of n cause" In place of "service of sum
mons In error or noticeof the pendency
of nn action by appeal or otherwise" Im
mediately following "within twenty days
after. "
Hulo 13 , "Appeal cases. Notice , " stricken
from the rules.
Court adjourned till Tuesday , March 16 ,
when the following cases will be called ;
Inne against Ilnrlnn county , Mover ngalnst
Shamp , Morrlll , receiver , ngalnst Craw
ford ; Harrington against Connor , First
National Hank , Toblns , aqalnst Hnrnot ;
McQlnnlq against K > d , Homo Tire Insur
ance Compiny ngalnat Phelps , Dow rile
ngalnst Marshall , Chicago , Iiurllngton < .
Qulncy Hnllroad Company against Cox ,
Thompson ngalnst Missouri Pacific Hnll
road Company , Jensen , Jnhl & llruisen
against Hnllnm , Cunningham ngalnst
County of Adams , Illbbard ngalnst Wilson ,
lllng ngnlnst Osbornc , Omnha Ixinn nnd
Trust Company against Hertrnnd , Cotton
against rirst Nntlonnl Hank of Superior ,
Cotton ngnlnst rirst National Hank of Su
perior , Hnrrlfi ngnlnst Wclr-Shugtrrt Com
pany , Kkliind ngnlnst nklinul , Adams-
Smith & Co. ngalnst Hnywnrd. Speltz
ncalnst SuUiorlnnd. Hamcr against Mc-
Klmley-Lannlng' nonn and Trust Company.
Young against Cook , Nebraska Loan and
Ilulldlng Association against Marshall ,
Itradford ngnlnst 1'lte , Hard npnln.st Hard ,
Security National Dnnk , Grand Island , i
against I > atlrner , Dlsslciirnrncr against I
Mott , Farmers' nnd Merchants' Insurance |
Company ngnlnst Hothnn , Hudetson ngalnst
First National Iank , Tobias ; nvcrlughatn
against Harris ; Hay State Llvo Stock
Company ngnlnst Hlng , Outhrlc against
Missouri Pacific Railroad Company , Miller i
ngalnst George , Porter against Ourada ,
Kobarg ngalnst Grecdcr , Clnrk ngalnst
Hrown , Mcl-'cegiin ngalnst Hamnr , Browne
ngalnst rinley , Nebraska Lnnd , Stock
Growing nnd Investment Company ngii'iist ' i
rirst National Hank. Mlndcli. 1
There will bo no assignment of cases for i
hearing at tire ilrst sitting ot tire court In i
April.
Syllabi of opinions handed down follow ; j
Colder ngnlnst Lund. Krror from Dodge
county. Alllrmcel. Opinion by Commis
sioner Irvine.
In nn action for personal Injuries It Is
proper to admit evidence of the actual ex
pense Incurred by plaintiff In procuring
medical treatment , the rule being that ho
may recover the reasonauro value of such
services , not to exceed the actual expense
Incurred.
2. In order to recover In such nn action
for expenses of medical treatment It Is not
necessary to prove by the record that the
physician rendering the services was li
censed to practice under the statute.
Proof that ho practiced as a phjsio'an
lalscs the presumption in actions between
third parties that ho was licensed to do so.
3. In an action for assault nnd battery ,
self-defense being pleaded ns n defense to
the notion , proof thnt plaintiff wns of n
quarrelsome disposition and ungovernable
temper must bo mnde by proof of general
reputation nnd not by opinions ot witnesses
based on their Individual observation.
4. Generally n Judgment will not bo re
versed bccnuso ot Impioper remarks by
counsel In argument when on objection
m.ido the court Interposcn , the Jury Is di
rected to disregard the stntcment and the
Improper remarks arc not repeated.
5 In such case an admonition nddrcsscd
by counsel making the remark to the Jury
Is equivalent to one addressed by the
ccurt.
C In order to preserve for review error
In permitting Improper remarks by counsel ,
objection must be made nt the time , a rul-
Ine obtained and excceptlon taken.
Town against Missouri Paclllc Hnllroid
company. Crror from Lancaster county.
Affirmed. Opinion by Judge Harrison.
To constitute n water course the sire of
the stream Is not material. It must , how
ever , bo a. stream In fact , as dlstlngu'sVd '
from mere surface dralmgc , occasioned by
freshets or other extraordinary causes , but
the flow of water need not be continuous
Pylo against Hlchards , 17 Neb , ISO , approved
and followed.
2 The doctrine of the common law In re
gard to surface w'atf-rs l as n general rule In
force and controls In this state. Surface
ivaters may be controlled by the owner of
the land onmhlch they fall , or originate , or
jver which they flow. He may appropriate
to his oun use all that falls or comes on his
land nnd refuse to receive any that falls or
irlglnntus or flows on or over adjoining
property.
3 The right under the general rule to con-
: rol surface waters must bo so exercl eJ by
inj * person as not to unnecessarily or negll-
; ently cause injury to the rights and prop-
: rty of others.
4. Surface waters may hnve such nn nc-
: ustomed flow ns to hnvo formed at n cer-
uln place u channel or course cut In the
ioll bv the action of the water with well
Icilnod banks , nnd having many of the dls-
Inctlve attributes of n water course and
hough therenre no exceptions to the gen-
srnl rule except from necessity , this may
; onstltute nn exception , nnd if tic flow Is
Hopped by the erection of nn embankment
icross and In the channel , some provision
nay be necessary for the allowance of the
egulnr flow of the surface waters.
5 Whether such embankment hns been
icgllgently constructed with reference to
he obstruction of the flow of tie Purfacp
vaters and whether such neqllijence. If
my Is the proximate cause of an alleged
nlury. are generally questions to be sub-
nitted to the jury.
fi. Held , That a finding that the damages
n this case were not the result of net II-
-ence on the part of defendant was sas-
nlned by the evidence.
7. If Instructions are grouped In an as-
ilgnment of error , the determination that
ho action of the trial court , t'.ie miblect of
omylalnt , wns proper as to one of such
nstructlons , sufllccs to elUpose of the entire
iRslcnment ,
8 Where n Jury Is directed to find upon
lartlculnr questions of fact. If any further
ban those submitted arc desired by a party
o the action , a reauest must be made for
he submission of the further questions If
10 request Is made error cnnnot bo predi
cated upon the failure of the court to In-
ilude such questions In the list of those dl-
ectPd to be answerel.
9 Where questions for special findings
ire submitted to a jury , tno answers to
vhlch would be Immaterial to the ls = uts as
iresented by the pleadings and evidence ,
ind In view of the other findings of the
ury. nnd tha Jury fulls to nnswer one or
nero of such questions. It Is not prcltr-
llclnl error for the court to render n Judg-
nent over the objection of n party on the
: eneral verdict returned.
10. The general and special verdicts held ,
lot Inconsistent.
Olcott ngnlnst Holton. Krror from Lan-
aster county. Alllrmcd. Opinion by Judge
larrlson.
Uvldenco held sufllclcnt to sustain the
Indlngs nnd judgment of the trial court.
2 If. to Induce a pnrtv to purchase cap-
tal stock of a corpoi atlon , representations
.re made of material facts vvh'ch , if true ,
vould enhance ; the value of the ntock , but
vhlch are false , to the knowledge of the
ender ; or , If without knowledge the state-
nents nro mndo by him as representations
f positive , to him , known facts , If believed
o be true and relied and acted upon by
ho vendee In making the purchase , nnd
o his Injury , an action of damages or for
csclsslon of the sala accrues In favor of
he vendee.
If If representations consist of direct
tatcmcnts or atserted facts and to asccr-
nln their truth or falsity would necessitate
n examination or Investigation , the par ty
0 whom they are made may place rell-
nco on them.
4. That the complainant obtained Information
mation on the same subject other than
hat rontalnc-d In the representations , but
rom which ho did not learn their falsity ,
.111 . not dcprlvo him of his right of action ,
n. Where Iho evidence sustains n Hading
hat as soon as plaintiff In an action for
lie rescission of n sale alleged to have been
iduccd by false representations of the
ender , discovered the falsity of the ropre-
cntatlons he tendered a return of the
ropcrty and demanded a rescission of the
lie. It Is sufllclcnt an to the point In re
ar d to the tlmo rescission was demanded.
HnstlngH again it Mills. Krror fronr
.damn county. Hoverscd and remanded ,
iplnlon by CommlsH'oncr ' Hagan ,
Mills sued the city In the district court
Inlmlng $5,000 daniagea , which he
lleged he had sustained by fall-
ig Into an excavation In one of Its streets ,
egllgcntly left unguarded. Ho recovered
verdict for two hundred dollars. Held
) , that ussutn'ng ' the excavation was a
ulsance within the meaning of neetlon
! 1 of the Cede of Civil Procedure , a justice
f the peure had jurisdiction to render
idgment for thn amount of the verdict
nd therefore ) Mills was not entitled to re
aver costs ; (2) ) that the amount claimed
y Mills In his petition deprived a justice
r the peace of jurisdiction to try the case ,
ut the amount recovered determined Iris
ght to recover costs ,
i. The right of a lltlsunt to recover costs
1 u statutory , not n common law , right.
North Pintle Water Works Company
gainst North Platte , Error from Lincoln
} irnty. Itcvcrscd and remanded. Opinion
y Commissioner Hagan.
The supreme court cannot for any pur-
3se look Into the record certified hero by
IB clerk of the district court when the
ise under review has been submitted on
printed abstract In pursuance of Its rulca.
2. The city council of the city of North
latto In July , 1SS7 , by virtue of subdlvl-
on 15 , section CO. chapter xlv. Complied
tatutes , 1887 , was authorized to contract
Itli a corporation to erect and maintain
llhln the limits of uald city u system of
utcr vsorkv and supply uald city and It8
ihabltants with water : nnd , to levy an-
ually on all the tuxuble property of said
LESSONS JNNMAP MING. J
LESSON NO. 3. j
Do you not sec Omaha on the globe ? Do you not
also notice the telegraph wires leading away into distant
lands ? These carry the news from all parts of the globe
direct to the Bee Building. We have already shown you
how The Bee surpasses all competitors in amount of news
published and now we will have a lesson on
# FOREIGN CABLE NEWS &
Taking four days February 14 , 15 , 16 and M be
ing the Sunday , Monday , Tuesday and Wednesday
editions , this is the result :
Here again THE BEE is ahead of all competitors
for a comparison of Sunday and the following thres week
days :
Tlin I inn printed 2nO Inoltcx.
The Wnrlil-IIcrnlil iirliitvil 107'4 Inolie * .
The I.liic-uln Journal i > rlncil IDInirlnH. .
The SIoui OK ) .Iiitirnul iirliltod Ul-'u Indies.
That gives THE OMAHA BEE for the same period :
122 > i Inchon ( nl out ( I coliimin ) more IJmii ( lie AVorld-Ilrrnld.
OS liu'lie-.s ( iiliout r > column * ) more Hum I lie Lincoln Joiiriinl.
1JI7 IIIC-IICM ( about T column v ) mure tlinii the Sioux Cltj Journal.
YOU CAN'T READ IT ALL UNLESS YOU
oo
city a tax of 7 mills on the dollnr to paj
tor the \\nter furnlslieu aald city urulci
3irch contract.
3 In a suit ngalnst said city to recovei
water rents alleged to bo duo upon sucli
\ contract It Is not necessary for the
plaintiff to plead such statute- .
4. If the revenue derived In any one ye.u
from a 7-mlll levy ihoulcl prove Insufficient
lo pay the water rental accruing In said
fear under such a contract , whether the
? lty would be liable for birch deficiency ,
rot decided
5. Held : That the petition In the c.ise at
l\ir states a c.une of act'on. '
Scott ngalnst Wright. Error from Doug-
as county. He\crscd and remanded Opin
ion by Commissioner Itag.iu.
A judgment suffered becauseof the neg-
llge-nce of counsel employed Is not the re
sult of un.tvold.iblc ! casuUtv or m'sfortunc
i/lth , In the meaning of subdivision 7 , Hec-
[ Ion GO. , of the Cede of Civil Procedure.
2 In a suit In ejectment ag.i nst a mir-
led woman and her husband , Judgment
, v.is rendered for the plaintiff. After the
idjoumrrcnt of the term at which sucli
ludgmcnt was rendered the wife filed .1
petition to vacate It , alleging that she de-
-endecl entirely upon her husband to con-
luct the defense of the olcctment ault ; that
xt the time of the rendition of the judtc-
ncnt ho was sick and uniblc to be In nt-
.endanco In court and the judgment w.ib
endered In his absence ami In the'iibscnce
) f all persons Interested In the defense ,
hat her husband wilfully betrayed her and
lejirlvcd her of an opportunity to appear
md make a defense to the ejectment null ,
ileld : ( I ) That the averments of the potl-
lon did not show that the wife had been
> re\cnted from defending the ejectment
nrlt by an unavoidable casualty or mlsfor-
: uno within the meaning of 8ild section
02 of the code ; (2) ( ) that the facts averred
n the petition were not sufficient to au-
horlzo the district court In the exercise
) f Its general equity Jurisdiction to set
islde the Judgment In the ejectment case.
Durkland against Johiuon. Hrror from
launders county , Reversed. Opinion by
omm'ssloner Itagun.
Whctlu'r an av\irrcl made In pursuance of
Itlo xxvlll , Cede of Civil Procedure , may be
ict aside or modified on motion because of
i mlstaki- computation or nllownncc of
nt crest by the nrblttatois , such mlstnko
rot appearing on the face of the award ,
rot decided ,
2. If Mich an nwnrd may bo set aside or
nodlllcd on motion for such reason It can
inly be done when It appears that such a
nlstako was that of all tha arb trators
vhoso concrrrrcnce was necessary to the
naklng of the award.
.1 It Is the duty of arbitrators chosr-n and
tctlng In pursuance of the provisions of
Itlo xxvllf , Cede of C vll Procedure-
nako and Mate separately the conclusions
if fact and conclusions of law reached by
hem , un'ess ' the parties to such nrhllrn-
lon have by their agreement of submission
nil vet ! such requirement ,
4. An award in.ulo by such nrb tratorn
vlthout a statement of any conclusions of
act or conclusions of law found by them ,
uch le-qulremcntH rrot hnvlng been waived ,
H erroneous and a Judgment confirming
uch award may bo reversed In a direct
irocecdlng instituted for that purpose.
B. The failure of such arbitrators to make-
.nd slate the conclusions of fact and law
ound by them Is an Irre-gularlty rneifly
ml one ) that docs not leneder their award
'old ' nor oust the d strict court of jurlsdic-
lon to confirm It-
6. It Is competent for parties to such nn
rbltratlon to waive any irregularity In
ho proceeding which docs not go to the
urisdlctlon of tire arbitrators lo act or the
urlsdlc'tlon of the dlslr'ct court to con-
mi the award made.
7. Patties who submit their differences to
rbltratlon In pursuance of tha provisions
f tide xxvlll , of the Civil Code , must ao
nowlcdgn their agreement of submission
i fore n justice of Iho pence ; and fnlluro to
o so will deprive the district court of Jur-
idlctlnn to COMIInn thu award made or
c-nder judgment thereon on motion of the
uc-eessful pirty.
8. The failure to acknowledge before a
rstlco of the peace the agreement of mib-
rlsslon Is not un Irregularity that the porch
ch to the arbitration muy walvu ; and
iclr ritlflcatlon of an award made under
icli defective submission will not Invest
10 district court with Jurisdiction to con-
rm such award.
9. Jurisdiction of the subject matter of
n action cannot bo conferred upon u
jurt even by consult.
10 The method provided by title xxvlll , of
ro Cede of Civil Procedure , for settling
IffercnccB f-xlntlng between parties by
rbltratlon Is not exclusive : that right ex-
ted at common law und lias not been
iken fiwny by the statute.
11. Held , lit the cusn at bar ; Tliat the
lalntlff In rrror had eslopped himself
0111 assailing the uwuril mudo , tllher bo-
tuso of the failure of the arbitrators to
.ute the conrltiulons of fact and ronelu-
ons of law found by them ; or because of
mlstitkt In ccmputatlon and allowance
t Intercut alleged to have been made by
re arbitrators.
There will bo a meeting of ( he South Side
nprovement club tonight at 8 o'clock , at
L-nth a&el Hickory street * . , ' ,
JAMES E. BOYD & CO
Telephone 1039. Omaha , Njb.
COMMISSION
GRAIN ; PMISm : ) : AD : SfOW
Board of Trade.
Dhcct wires to Chicago and 1'cvv York.
Correspondents : John A. Warren & Co.
Vt.RY WOIVIAN
Sotnotlmss me-cn. n rcllabl ?
monthly regulating mc-dlcutt
DR. PEAL'S
PEMNYROYALRILLS ,
'ojironift safe nnd certain in result The cent *
e ( in. ivn ! s ) nnvwritaiDinnui -niftaywQer3 ;
il W blierinan S. McConnnel Denti Co. , 1513
Uodee Strict. OnMnK ref - ' - /
of Irrigation ilond .Snip.
Sf.iled bids will be received up to April
1 , 1S17 , at 2 p m , for the sale of $3/,000
bonds of the Lillian Irrigation district. } J5.
COO of snd bonds ire of DIP denomination
of { 500 each and J7.ICO of J1CO each. Address -
dress P. L. MCTCAMSecretary. .
I \Viil\vorth. Neb.
fiAiLlAYllETARD
Leaves IIIL'UUNOTON & JIO JUVnU.IArrives
Omahil Union Depot , JOth fi. Macon tils ( Omuha
S.Knin . Denver Kxpresj . 9 3. a in
4.jjmlllk | Hills , Mont . 1'ugct bnd llx 4 tvpm
4.31 > f > in . . . lOcnter I3xpre > H . . . . 4 05pm
7.0 pm . . .Lincoln Local ( ex hunclay ) . . 7 45pm
2.Mpm..Llncoln l ocnl ( ex. Hunilay ) . .11 Slum
( CI1ICAOO , UtJIlLlNOTON Q ( Arrives"
OinihaInlon | IXpoi , mil A Milton Hts | Oninha
G.OIpin ChleiiKO Veftlhule E 20am
0.1'i\ill ChlciiKO L'xiircts 4IS | > m
7Win. : | . . ChleUKO KKl. . Louis IJxprese . . . E 20am
llMOuni I'aelllu lunctlun l cal. . . . C Kijirn
I'att JIall 2.50 | > m
. Mil * . BT. PAUL ( Arrives"
OinnhafUrlon Depot , 10th & Matun Bin | Omaha
S,30inil Clilcaco Limited 8
1 ociain . .ChlciiKQ ixprigB ; ( ex Hundnj ) , . , 3 21pm
Leaves ( CHICAGO & NOHTIIvVi&T'N.Arrlvcs |
OnmhajUnlon Depot , lOlh .1 Miuon Kit | Omaha
, nattern i : > .i'i ' ( . 3,40ptn
4. 4 : , ! , in . Vcelllmlcd Limited" . MOjon
[ 1'tOntii . bt. 1'uul n.Miriin . 9 30um
0-40am . St. 1'anl Llmllcil . II 03pm
72liam ; . , Sioux Cltj L cnl . , , ! , . , llIOun (
C.SOinn . . . . Omaha-ChlcaBO Hicclal . S COain
, . . . Mltfourl Volley .Local. . , . , 8.30am
jnxctpt Sunday , " Ilxccpt Mutnlay. _
H. I. f I'AfjriC ( Arrives"
OmulmlUnlun Depot , 10th & Munur , riu Omuha
JAHT.
lOMOam.Atlantic Iltpress ( rs Bundn ) ) , , 6.33pm
7,0upm Nlpht I.'xiireta 8:10am :
4 501U11 , . Chicago V'cxllhuied Llmllol , , , . lUptn
4 ropm . Ht. Paul Vestltiulcd Limited. . , . l-3Sj.ni
WIHT.
1 4Qpm Colorado _ Jlmtj1' ) ! ; ! ! . ' j. 4 00pm
Ix-nves" ! C. , MP. . , M f. O. ( Arrives
Omahal Depot , 10th & Wtl lrr Rts | Omnha
12,50pm.hloux City Kxpros ( ex Sun ) . . .ll:5am :
8.15nm.SIouv /Uioinmuilcllon. . . . . 8.00pm
GilSprn St I'aul Limited 9 Itum
leaves | I' . , U & MU. VAI.M3V. TArrlves
Oinaha ] Dipot , lOlh / - Welmtcr KU. | Omuha
Leaves I K , C. , hT. J. A C II J.Vnhta
OmuhulUnlon Depot , 10th tr Macon Kt > | Omuha
O.OInm Kan'UH City Day llxprceu C.lOiun
10 ( iCim | K. ( ' N'lgit llx vlu t' 1' 'Ininn. , C 30 ml
Leaven I MibScfUHf I'ACirfp. | Airlvc
Omulni ] Depot , 151h & Wclntcr 8ti. 1 Omaha
3OOpm..N'ehrntlm ft Kanrnu Llmltrd,12Upm
'j.30imKur8uii | City ISnrrem , , , , , , . C.OOunr
Nchnithtt Ixjcal ( ex. Hun ; . . . . . il CKUm
'
Leuv I SIOUX " CITY " & I'ACiriO lArrlvca"
Oinuhal Drriot , Uth & Wclnttr Bin , ) Onialii ;
CUni. ; | . . . . . . . .Ht , I'aul Limited , , , , . 9,10am
Leaves | hlOUX C1TV & PACIFIC. ( Arrives
OinahullTnlon Depot , 10th & Muton Hts i Omuh
, : ) . , . . , . . . . , Paul I'u > , , . , , , , , , : (
7.20am Hloux City I'agieiiKer. , , , , . , , 9Cpm (
8 Mpm Ht. Paul Limited 20am
leaves I UNION l'Af"il'lc , lArrlviT
OmuliuUnlcn | Depot , 10th & Maton Hts ( Omulia ,
8.20am Overland Limited. . , . . . . , , 4:4Spnt :
3-Mpm llcot'ce & Hlromtb'K K * ( ex Bun ) . a.tXipm
d.Sipm.Clrand Ulanl Kxprecs ( ex. Hun ) , 3tXipru :
i.SOpin . . .1'ast Msll . 1020am
l.ave | WAUAHH ItAIIAVAy. ( Arrives
OmahaUnlon | Depot. 10th & Mnton Bti | Omaha
4 > 0pm , . , ll:30arq :
4C'pm ' i.i Canon Ball llJOan