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BI SIZED UP BY HENRY CLEWS
Weekly Review of the Stock Market by ths
Eminent Wall Street Financier ,
MARKET IS IN A WAITING ATTITUDE
iuilnnlrlul and Cniiutirrclnl Ai-tltlf-
IiiMirt-N n Clunil lcnmnil for
I'nnilN for .Siitni ! Little
Tlmo lo Conic.
NBV YOHK , Nov. 12. Henry Clews , head
of tbo banking house of Henry Clews & Co. ,
writes :
The stock market continues In a somewhat -
what waiting attitude. Huylng Is held In
check bv money market conditions. Until
thesp become more fnvornblo any cxteii-
nlvo bull movement that may bo Inaugu
rated Is likely to meet with seilous re-
nlstnncc , As for the future of the money
market , funds are likely to return from
the Interior more nlowly nnd in less amount
than usual. Industrial nnd commercial ac
tivity Insure a good demand for funds
for lomo little time to come. Meanwhile
the treasury continues to absorb monjy ,
nddlng In general stringency , from whlc.i
the only relief in Bight H its return from
the Interior or the purchase of bonds by
the grivernment. ThU latter devlco Ins
been rosorteU to bcfnro to counteract the
111 pffpct of tin * trpasury operations ami
there Is no doubt Hint Secretary Gaga will
buy bonds when fondttlons fully warrant
doing HO. It Is useless , howpver , to cxp'cti
the secretary , who Is an awtuto financier ,
to undprtnko any method purely for the
benefit of speculative operations. In tny
opinion , a fnlrlv good Interest rate for
money Just now Is bencllclal , as It acts as J
a barrier ngalnst gold exports. The situa i
tion Is so unusually favorable In most ri > - j I
spectH that excessive speculation might 1
casllv be precipitated upon the country ,
which would mean n violent nnd perhnp ? I
prostrating collapse later on Stiff rates
for money are financial brakes and at a '
wlowcr pace the market can more safely i
rcsnond to bullish Inllllonces. Money I
Hhould soon begin to return , resulting in
rising bank averages No ulnrm need bo
fnlt should the reserve temporarily fall
below the legal requirements The safety
line Is ample enough to avert all danger
nnd the law IH so designed as to give the
banks sulllcltnt tlmo to HtreiiKthcn thplr
ri'selnes before the comptroller , who has
large discretion , can take action.
Kli-rtlniiM Hill.I.HMc in > ot.
The elPetlon-4 had llttlo effect. Their re-
BUltH , how over , wfro eminently satisfactory
to tlioHQ who believe sound money and
commercial expansion necessary for the
country's progress nnd prosperity. Of
course in the next national election Mr.
MclClnley and Mr Bryan will tiRulii bo
rival candidates That Is the natural se
quence of Tuesday's elections , but no sane
Individual has any misgivings about the
outcome. The admlnlsti.itlon has alrpady
been well sustained ; continued prosperity
will Htrcilgtlicn It.s hold upon popular Im
agination , and the discontent upon which
Jlr. Uryan'H fallacies chletlv thrived Is
now a thing of the past. Facts and cir
cumstances are against any serious revlv.il
of Uryantsm.
Hank clearings and railroad earnings
both emphatically lemlnd us of the phe
nomenal advances which the country is
making. Activity prevails In almost every
trade nnd In every section of the land.
New enterprises are springing un , some to
supply new wants , others to meet the great
demand for manufactured goods. The rail
roads are obliged to face Increased ex
penses , but advances In rail rates and
lieavy tralllc promise continued largo net
returns' ' , and the ranks of dividend pay
ers urd likely to be Increased. Railroad
securities still constitute one of the safest
forms of Investment and some of the low-
priced Issues iiro'llkelv to score good ad
vances during the next six months. The
Industrials are often making extiaordlnary
profits , but these cannot continue when
Increased competition begins and trade de
mands n.ssumo normal proportions.
An Important difference between the
former administration nnd the present one
Is that the previous ono had such a de-
plctcd treasury , uuo 10 continuous ua
times , that the government was compelled
to b6 u' ' constant Heller of bonds , while
the present out1 , due to good times previUI-
Ine , Ill's an excess of money In its ' -aults ,
the locking up of which Is retarding the
prosperous business of the entire country.
To admit of this money getting out of
the treasury- the government would cer
tainly be Justified In buying up some of the
very bonds that were sold during the last
administration , nnd ns the money paid out
therefor could be advantageously employed
by the American enterprising people. It
would doubtless be a. sagacious policy to
n.dojt , besides making the contrast a very
marked ono between the financial condi
tions of the two administrations.
Coiiiinerflal rind liidiintrlal Activity.
The low reserves of the New York banks
nro nn evidence of the commercial and In
dustrial nctllty of the country. As It Is
well known , tlo ) associated banks of New
York arc below the 25 per cent reserve
required by law. Thin very large reserve
Is only Imperative by law upon the na
tional banks. The banks organized under
the utate law arc only required to keep a
15 nor cent rservc.
Quito n nnmbpr of state banks nre in
the New York Clearing House associa
tion and by a rule of the association the
reserve Is counted at 23 ppr cent on all
the banks alike. If the stnto banks were
classed at 15 per cent and the national
banks at 25 per cent It would give the
latter an excess In reserve of the legal
25 per cent. There Is , therefore , nothing
to dlst'uib confidence in the last week's
bank statement , which showed the banks
to bo $ . ! 3S,350 below their reserves. The
money that hna "recently gone from the
New York banks has been needed for pay
rolls nnd pocket money , which In the ag
gregate was never HO largo ns now , and
applies alike to every section of the coun
try. The average amount of money car
ried In the pockets of people , estimated
at $5 each , which Is a comparatively small
amount , Is $375,000.000 , The New York
bank reserves , estimated at 25 per cent ,
now call for S1S8,900,000. The reserves ot
other largo cities nro about In the same
proportion. These Deserve funds represent
ho much money out of circulation. The
Mime. IH the case with the largo sum now
held by the TJnlted States treasury , the
amount being $2S9,207,805.
The present activity nnd high rates for
money simply glvo the opportunity for the
banks to loan funds out liberally , as It Is
through Interest raten that money is ob
tained for dividends lo the stockholders
of tlio Institutions , nnd ns the activity In
money at the present time Is caused by
prosperity they feel justified In putting out
nil they con , Thcro never was a tlmo
when It was safer to do It.
Sl.VUICnT IX WAIT1XO ATTITt'OK.
lAliprelieiiMlon of Ileiirer Honey Act
IIM IMir to Trading.
LONDON , Nov. 12. The Stock exchange ,
nlthough grut'lle-d at the tone of Lord Sal
isbury's speech at the lord mayor'c ban
quet , remained too apprehensive of dearer
moiipy In the near future to do othciwlso
last week than to adopt a waiting attitude.
Although consols were fractionally lower on
the wet'k. prlciij in tbo main weie well
maintained , the market having a fair
amount Of Investment orders , but specu-
lathe bUBlhesn wns on a smaller scale. Ah
the result of the American elections having
been discounted , them wnw no Htrpiigthenlng i
in American railway spcurtles , which were ! I
weak and It regular throughout the week.
Among the Increases wpro I JllnnlH Central ,
wlilch roho V4 of a point : Loiilsvlilo , t NaPh-
\lllp. > l : Southern Pacific. U. Baltimore &
Ohio foil V. Now York cViitr.il te Hudson
River. W ! Wnbasb preferred. ' 4. unit Den
ver fe llln Grnndo preferred , , , In most
otbPr rates thcro was a decline of from Vt
'Voney ' wu ° Pn' good demand , call loans at
! 0"U per cent nnd thieo months' bills nt
cent.
_
llenorl of llnnU of Spain.
MADRID. Nov. 12 The Bank of Spain
report for the week ended yePterduy shows
thn following changes : Gold In hand , In-
rreuBo 2. W pcttctus ; sliver n hand , do-
rreiise l.KH.OOO peseta ? ; notes In circulation ,
increabo 1,930.000 pesetas.
I.UcriiiMil ( irnln and I'rovlNloim.
LIVEUPOOL. Nov , ll.-WHEAT-Spot
dull ; No. 1 California , 6H2dfiGs 2Vid ! No , 2
r , Western , winter. BslOd ; No. 1 northern.
Hprlng. Ssimd. Futures quiet ; December ,
58nv.il March , Os IWiil ; May , 5s llWd.
CORN-Ppot steady ; American mixed ,
now and old , SaBHd. Futui. , November ,
luimliwlj Doccmbcr , quiet , 3sGV4d ; January ,
quiet , 3s Mid.
PEAS Canadian , 6s 5d.
FLOUH-St. Louis fancy winter , dull ,
7"pROVlBfbNS-UPPf. Htronij ; extra India
mew 90s ; prime mess , u < Sd. Pork , utrong ;
nrlmo ines * . western. B7 Gd. Hams , short
rut 14 to 16 lb . . dull. 43s. Bacon , steadv ;
Cumber ml out ; to 30 Ibs , 33.s ; Hl.ort . rib.
18 to a Ibs. 34 6d : long clear middles ,
light" 30 to 35 Ibs. , 31s ; Ions dear middles ,
L.
heavy , 3. > to 40 Ibs. , 30s ; short clear backs ,
IB to IS Ibs , , 30s ; clear bellies , II to 16 lb . ,
33s ! shoulders , square , 12 to 14 Ibs , llrm ,
34s. Lard , steady ; prime western , In tierces ,
27s Cd , American refined , In palls , 29s , Tnl-
low' , prime city , steady , 2 Is ; Australian , In
London , dull , 26s Cd.
OILS Cottonsccdi Hull , refined , Novem
ber and April , steady , 16s ,
CIIICAil ) < illAI > AM ) 1MIOVISIONS.
I'rntnre * of the TrndltiK nnd
I'rlern on .Snttirdii } .
CHICAGO , Nov. II. Wheat today went
c\pn lower thi n yesterday's ' bottom price ,
closing US He lower on bearish statistics
nnd lack of cash demand. Corn closol un
changed to Uc down nnd oats a shade
lower. Provisions closed lower ; January
pork 714c.
The story of wheat today wan ono nf
continuous liquidation bnsctl on the bearish
tone of statistics , Thp downhearted bulls
let their linMlnira fill , ! * * In .1 fln < ttiiniftMt !
stream. The decline wns In splto of Uver-
1 pool. The opening wns a sluulc lower , December -
comber nt C7',40C7 c and May nt ilU 'l-wc ,
, This was the highest price for the dav Re
ceipts In the northwest were liberal There
wns n prospect of nn Increase In the \slblo |
of 2,000,000 bushels and In local storlM of
11,000,000 bushels. The cash demand was
small. With this nrray of figures an an 1m-
pulsV > the market cased oft from thp open
ing , going He under puts , Decembar to
0 < ! { , c niul May to 71c. Thcro was a momen
tary rally of a Mindo on buying acnlnst
nuts , but It was merely n straw In the
downward rush. At the close there was
i continued buying against puts njid somo'
covering by shorts which put closing iig- '
Miles at G7'ic for December nnd 71'4c ' lor
May. The market was dull arid n belief
that the price would sink still more Mon
day , when Btiltlstlcs nro uMiosted to IKJ
| bcnrtuh. New York reported 15 loads taken I
'for ' export. Clearances were liberal , GSLOOO i
bushels. Receipts at primary points were
1.017.0S2 blishel.s , against l,5r > , yvi bushels
last year. Minneapolis and Onluth reported
tiecelpts of 1,039 cars , as compajpj with 7it
last week and 1,221 n year ago. Receipts
hero were SC cars , 2S of contract grade.
Corn stubbornly opposed traveling
parallpl with wheat. In this It wns assisted |
by the statistics. There was * a renort of
damages from frost nnd dry weather In i
Argentine and Liverpool waH firm. Thi-rc >
was a difference of opinion concerning
conntrv nfforlnir.s , hut n tnnforltv ntviar-
enlly held that they were still small nnd
not Increasing December opened un
changed at SlVSCriSiajc , ranged 31H03H4C nnd
I closed nt 31VJ031 q May opened n shade
down nt 32',4c ' , ranged 32H032HC nnd closed
, at 3J032V5c. Receipts here were 231 cars ;
nt primary points , 457,000 , bushels. The gov
ernment report was taken to Indicate nn
Improvement in the yield. New I'orJc ic-
ported 30 loads taken for export.
There was qalte a good trade in oats , the
helling of May by professionals and com
mission people being the feature. The de
mand wan sufMclent to consume 'he offer
ings. December Hold at 22V402234C and
closed at 2J > i22 c : May sold at 2J'4g.'ic ! !
nnd closed at those figures. Receipts were
152 cars.
Provisions were a dull market nnd the
price tended downward with wheat. Jan
uary pork closed 7V4c lower nt $9.60 , Jan
uary lard 2l c under yesterday's dote nt
$5 2214 and January ribs 5c lower nt $4 95.
There were fev offerings nnd little demand
and exports for the week showed up bad.
Hog prices were also lower , a fact which
had a depressing Influence.
Estimated receipts tomorrow : Wheat , 310
cars ; corn , 300 cars ; oats , 210 cars ; hogs ,
41,000 head.
The leading futures ranged as follows :
Articles.I Open. | H'gh. ' | Low. | Close. | Yes'y.
Wheat
Nov.
Dec. 67'4
May 71H
'Corn-
Dec. 31 ' 4
Jan.
May 2 %
Oats-
Dec.
May 23 %
Pork-
Dec. 820 8 27 %
Jan. 9 GO 9 B7V4
May 9 67 % 9 72V4
Lard
Dec. 502V4 50714
Jan. 5 22'X , ' 6 25
May 5371/4 540
Ribs-
Dec. 4 S5 4 90
.Tnn. 4 95 5 00
* No. 2.
Cash quotations were as follows :
FLOUR Steady ; winter patents. J3 50S >
360 ; straghts$310fi330 ! $ ; clear , JlOOiMGO ;
spring patents. $3.GO ; straights , $2.SO@3.10 ;
WHEAT No. 3 spring , 62'/464c ; No. 2
red. 67 4 i6.S'4c.
CORN No. 2 , 32c : No. 2 yellow , 32'lc.
OATS No. 2. 23fT23Wc : No. 2 white , 26c ;
No 3 white , 24H5i'25VjC. '
RYE No. 2 49V4C.
HARLKY No. 2 , SSfl c.
SEEDS No. 1 llaxseed nnd northwest ,
$127)4. Prime timothy seed , $2.4502.65.
Clover , contract grade , $650@7.GO.
PROVISIONS Mess pork , per bbl. , $7.85 ®
S 25 Lard , per 100 Ibs. , $4,95io.l5. ( ( Short
ribs sides ( loose ) , $4 & 5 < 5S 25. Dry salted
shoulders' ' ( boxed ) . $3 37 (33.50. ( Short clear
sides ( boxed ) , $5 20&5.30.
WHISKY Distillers' finished goods , per
BSUGARS- Cut loaf , $5.70 ; granulated , $3.18.
Following ore the receipts and shipments
for today :
Articles. Receipts. Shlpm'ts.
Jflour. bbls 18,000 14,000
Wheat , bu 112,000 11,000
Corn , bu 208,000 413,000
Oats , bu 316,000 218,000
Rye bu 8,000 0,000
Barley , bu 104,000 8,000
On the Produce exchange today the but
ter market was firm ; creameries. 15Z24c ;
dairies , 14B21c. Cheese , weak at ll' ' , 012Vic.
Eggs , tlrm ; fresh , 1SH.C.
St. I/oul Grill il ll nil T'rnvlnlonn.
ST. LOUIS , Nov. II. WHEAT Lower :
No. 2 red cash , elevator , GSJJc ; track , G9 ! @
G9c ; December , G8gc ; May , 72'/4c ; No. 2
hard , 6G67Vc.
CORN Lower : No , 2 cash , 31V4c ; track ,
32c ; December , 30c ; Mav , 31c.
OATS Lower ; No. 2 cash. 23V4o ; track.
24c : December , 234c ; May , 2425c ; No. 2
white. 2Gf2CV4c. ( ?
RYE-Firm at B'.c.
METALS Lend , quiet nt $4 454.47V4. ' Spel
ter , lower lit $4 50.
POULTRY Quiet ; chickens , 6c ; turkeys ,
6 > Ac ; ducks , Bl406V4c ; geese. 5 < &c.
SEEDS Timothy , $1.90 ( f2.20 ; flaxseed ,
nominal nt $1.26.
URAN Unchanged ; sacked , cast track ,
63 < 4c.
HAY Timothy , dull , $850011.50 ; prairie ,
scarce and firm , $6 5008 00.
WIIISKY-Steady , $1.23'fc.
COTTONTIES-tl.05.
UAGGI NG-5MJGHc.
HEMP TW1NE-9C.
PROVISIONS Dry halt meats , boxed
HhouldorH , $5.75 ; oxtrn Hhorts , $537 4 ; clear
ribs , $5 W ; clear Bides , $5.G2'/4. niicon , boxed
shoulders , none offered ; extra shortH , $3,75 ;
clear ribs. $58714 : clear sides. $6.12 . .
RECEIPTS Flour , li.OOO bbls. ; wheat , 35-
000 Uu. : corn , SG.OOO bu , ; oats , 42,000 bu
SHIPMENTS Flour , 0,000 bbls. ; wheat ,
9,000 bu. ; corn , 79,000 bu. ; outs , 31,000 bu.
lluttcr , KKK nml Clu-ewr Market.
NEW YORK , Nov. 11. HUTTBR-Strong ;
western creamery , 18f(23c ( ; western cream
ery , fair 15017c ; June creamery , 1SQ24C :
Imitation creamery. ! G721c : state dairy , 17
( & . ' 4o : state creamery , lSft25c.
CHEESE Quiet ; small fancy , Septem
ber WrftWtc ; finest stock. ll12c ; largo
colored"fancy. September , 12M < & 12V4c ; largo
tlliest. October , HW"12 c.
EGGS Receipts , 4.MG pkgs. ; firm ; state
and Pennsylvania , 23i24c , loss off ; western
ungraded , nt mark , 14W20c ,
PHILADELPHIA. Nov. H.-I5UTTER-
Unclmnged ; fancy western cu-amery , 2o&c ;
fancy western prints , 27c ,
EGGS Firm ; fresh nearby , 22c ; fresh
witttern , 214o : fresh southwestern , 20c ;
fresh southern. 19o.
KANSAS CITY , Nov. ll.-BUTTER-
Creamery 20f22e : dairy , ISc.
EGGS Fresh , 15c.
ST. LOUIS. Nov. ll.-HUTTER-Flrni ;
cri-umery. 20Q25UI' ! dairy , 16/22c.
EGGS Steady at 16c.
LIVERPOOL , Nov. ll.-nUTTER-Flnest
United States , 94s ; good , 73s.
CHEESE Steady ; American finest white ,
Its Cd ; American finest colored , 15s 6d ,
KniiMiiH City Cirnln anil I'rovUlonii.
KANSAS CITY. Nov. 11. WHEAT De
cember. 61'4c ' : May , Gflc ; cash , No , 2 hard ,
G2'vc ; No , 3 , GOjC2c ; No. 2 red , 70c ; No , 3 ,
GSdiCRc : receipts 72 cars.
CORN December , 27c : May , 29'4c ; cash ,
No. 2 mixed , 2fj2Sic ; No. 2 white , S80
2Sle : No 3 , 2i ! ? c.
OATS-NO. 2 white , 20140270.
HAY Choice timothy , Jb 6059.00 ; choice
pnlrlp $75Xf800 (
RECEIPTS-Whent , 43,200 bu. ; corn , 40-
300 bu. ; oats , 2.000 bu.
SHlPMENTS-Whent , 37,800 bu. ; corn , 18-
$00 bu. ; ont , 0,000 bu.
IliilUiuoru Flour mill ( irnln.
BALTIMORE , Nov. 11. Hour , dull ; re
ceipts. 7,703 bbls , ; exports , 314 bbls ,
WHEAT Steady at decline ; spot and the
month , iM e : December , MV4c ; steamer. No.
2 rud , GlinU'io ; rt'celptx , 13,507 bu. ; Bmithc.ru.
by sample , 300C9c ; southern , on grade , CuCP
CO'RN Dull and easy : mixed , spot and
the month , 37J44377&c ; November and De
cember , new und old. 36V.fl3b ? c ; January
ami February , 36iiQ3 l4o ; steamer mixed ,
OMAHA LIVE STOCK MARKET
Light Receipts as Usual on the Last Day of
the Week ,
CATTLE ARE STEADY AT FRIDAY'S ' PRICES
\ol KiiniiKli Mu'cp In'Mnlcc < i Tent nf
tin.MnrKcl IIOKi Air Pnlrl-
Aullic for ( hi : t.nM liny
or the WceU.
SOUTH OMAHA , Nov. 11.
, . wcrc : Cattle. Hogs. Sheep
Monday B 3C3 3.WI f > R5 !
( JfllCuiI Tllnailntr 1 , . " > . ! K 601
JJ c Wednesday 3,981 O.S07 4nsj
Official Thursday 2,5la 8,031 7,15'j
0' ' Ic u Friday 2,572 S.liJS 2,151
| Olllclnl Saturday 651 SOU ! 137
' Total this cck 1S.612 42.20S 2' > , C7J
\\rck ending Xqv. 4 25,171 40,016 2J.03I
"cok ending Oct 28 M.WH 4t,570 112,172 ,
\\CCK eiidllij ) Oct. 21 2S.C8J 29,818 2',057 '
Average price paid 101' hogs for the lost
ys with comparisons !
| 1S33.1SJ3 | ' '
Nov. 1. 4 01 | 3 53 | 3 29 3 42 4 44 5 SO
Nov , 2. 4 01 3 43 3 41 3 27 3 44 4 45 5 113
1 Nov. 3. 4 01 3 47 3 13 3 30 * 4 39 007
. Nov. 4. 4 02 351 3 43 331 333 6 93
'Nov. 5. 352 3 44 3 7.1 3 35 " 441
Nov. 0. 4 01 * 346 317 3 313 4 50 5St
Ncv. 7. J 02 3f 5 3 23 34i 4 55 5 SG
Nov. 8. 4 03 352 ) C4 3 45 4 42 5 81
Nov. 9 I 00 ! 3 15 .1 41 3 2S 3 3-J 4 Zv r. 9i
Nov. 10 4 OT 3 47 3 31 327 4 41 o ! > 9
Nov , 11 4 0' 3 43 332 3 17 3 39 | 5 73
Indicates Sundav
The. ofllclal number of cars of stdck
brought In today by each road was :
c , jr. * st. P. RV .
Missouri Pacific Hy . 10
.
S. C. & P. Ry . . .
( ' . , St. P. , M. & O. Ry. . . .
U. & M. R. R. R. . . . . . . 7
K. C. .t St. J 7
C. . R. 1. & P. Ry , cast. . . . 0
C. , R. 1. At P. Ry. , west. . 1 4
Totals 2S 122 1
The disposition of the day's receipts was
ns follows , each buyer purchasing the num
ber of head Indicated :
Buyers , Cattle. Hogs. Sh'p.
Omaha Packing Co. . . 622 137
G. II. Hammond Co C7 1,457
Swift and Company al 1.6J5
Cudahy Packing Co 219 2,731
Armour & Co 4B 1,743
Omaha P. Co. . from K. C. 102
Cudnhj , from K. C 1,027
Hammond , from K. C..i. 75 , ,
Huston & . Co l
Other buyers 29
Held over 410
Totals 630 S.MS 517
CATTLE -There were a few scattering
leads of cattle here- today , but a consider
able propoitlon of the .
receipts * was p.lcklns-
home stuff and not offered on the market.
Such cattle us were for sale brought thf
sumo prices as prevailed on yesterday's
maiket
rne cattle market lias been In pretty
good shape us regards the selling Interests
this week , as the tendency has been up
ward. The- packers have been very active
buyers of cornfed and grass beef and It Is
safe to say that the murktft on that kind
of cattle Is 15@20c higher for the we k.
Thcv receipts have been too light to meet
the requirements of packers1 , who have
been forced to ship up supplies from
Kansas City in order to till their orders
for the market.
Cows and heifers have been strong all
tht. week and are 1015c higher thnn a
week ago. All kinds of cow stuff sells
well , but there appears to be an active
demand for canners , duo In all probability
to the large purchases of canned meats
for use by soldiers In the. Held. Fat bulls ,
have sold well all .the week.
The week started out with stockers and
feeders a little stronger , but the market
closed bad on Mondnv and It was still lowtr
and very dull on Tuesday. During the
latter part of the week , asthe countty
llptnn MM Rf PTnnr ! tfm r\rr\\ nnrl n a # Vir
surplus cattle In hands of speculators were
disposed of , the market picked up and there
was .1 gain of 1015c In prices. At the close
of the week the. cattle are all cleaned up. So
that the situation Is decidedly favorable
for the sellers.
HOGS The market was a shade lower
than yesterday , the hogs selling largely
at $4 0004 02i4 , as against $4.02V4 M 05 yester
day. Considering that It was the last day
of the week , that Chicago reported a 5c
decline , with some hogs unsold , and the
day's receipts were liberal , It must be nd-
mltted that the market was In very good
condition at this point. Buyers were out
early and the pens w'ere soon cleared at
rirevalling prle.es. Out of the number of
hogs reported in there were seven loads
from Kansas City , consigned direct to a
lacker.
The hog market has not shown much
change this week , for whlla there have been
lluctuutlons , they have been so small as to
3e of little Importance. At the close of
last week tha avernge price paid for all
: he hogs sold on this market was $4.02. On
Monday the market was a little weak and
the average price was Ic lower. On Tues
day It recovered the. loss , and on Wednes
day gained another Ic. On Thursday there
was an average advance of 3c , which was
! est the day following , so that the week
closed about where it opened. Packers have
Seen good buycis all the week und nppear
to want a good many hogs at current
prices. As a rule sellers have been well
ilensed with the market.
SHEEP The market was practically bare
of fresh receipts , as there wns only one
load reported In and not enough to make
any test of the market.
The sheep market has been In exceed-
ngly good shnpo this week , nn the demand
das been keen and packers have snapped
up arrivals of desirable fat Bluff. In short
order. As to prices. It hns been a good ,
strong market all the week on killers , so
that each days' arrivals have met with
ready sale at prices entirely satisfactory
to the sellers. As compared with Other
markets , prices at this point have been
very high.
Desirable feeder wethers and good breedIng -
Ing ewes have been In good demand all the
iveek , but feeding lambs nnd old ewes have
joen slow sale , the demand for that kind
bplng light.
Quotations : Good to choice fed wethers.
! 4 2504.35 ; good to choice fed yearlings ,
i4.3504 50- good to choice grass wethers. $410
5(4.25 ( ; fair to good grass wethers , $1850400 ;
good to choice grass CWPH , $3 G003.75 ; fair
to good gras owes , $3250350 : good to
choice western lambs , $5 OOSj5 25 ; fair to good
western lambs. $1 G304 80 ; feeder wether * ,
(3.CG03.75 ( ; feeder yearling ? , $3.7503.95 : peed
to choice feeder lambs , $12504.40 ; fair to
good feeder lambs , $1.0004 25.
CJIIO.KJO 1,1 VL ! STOCK SIAniCCT.
Cattle Hold Tliclr Own While HOKS
Are Wnl nml I.iMior.
CHICAGO , Nov. ll.-CATTLE-Mnrket
steady ; yards well cleared , only best grades
Miockers and feedera on hand ; cow market
firm ; canners strong ; good to choice , $3.750i
CGO ; poor to medium , $1,4005,70 ; mixed
stockers , $3000375 ; selected feeders , $1.250
4 OS ; good to cholco COWH , $3 5004.50 ; heifers
W.000525 ; cunners , $ lSOft300 : bulls , $2 5US >
4.60 ; calves , $3 0007.GO ; fed ToxaH becvo" ,
$1.200550 ; grass Texas Btpors. JJ.25iiJ.10 :
weslprn range beeves , $4.0005.20.
HOGS Generally weak to 60 lower ; fair
clearance : mixed nnd liulrherrt , $3.9504.2714-
good to choice heavy , $4 00i74,25 ; rough
Heavy. $3850400 ; light , $ JK50U'0 ; bulk of
bales. $1 0501,20.
SHEEP Slow , stendv market ; quality
only fair ; top lambs today , $525 ; native
wethers , $3.750465 ; lambs , $4.0005.25 ; west
ern lambs , $1.000450 ; western lambs , choice.
$ ! .25 < Ti525.
RECEIPTS-Caltle , 400 head ; hogs , 31,000
head ; sheep , 2,000 heudi
ICiiiiNiiM City I.lve Nlock.
KANSAS CITY , Nov. ll.-CATTLE-Re-
cotplH , 1,600 head ; supply too light to make
u market : few cattlp offered wcie of com
mon quality that sold readily nt Htoudy
prices ; light supply this week strengthened
prices for slaughtering grades 10c to 20C ,
whlla utockerx nnd feeders sold fully
steady ; heavy native Hteers brought $525) ) * '
GOO ; lightweights , $1.2305.60 ; stackers and
feeders , $3.10J/500 ; butcher cows and
heifers , J31004 L5 ; cqnncrH , $ i40 J.10 ; fed
westerns , $4,000560 ; range stecru , $ J.OO4.35 ;
Texans. J3 0004 35.
HOGS Receipts , 5,300 head ; there are no
now developments In the hog market this
week and prices are practically unchanged ;
lieavy und mixed hogs brought today $ .1.9714
0405 ; IlgllU. $ J 9004 00 ; pigs , $3.700 J So.
SHEEP RpcelptH for week , 18.000 head ;
slaughtering lambs were very Hcnrco thin
\\nek and prices advanced about lOo ; killing
sheep und stockcrs nnd .feeders In good do-
miiiul at steady prices ; lumbs , $19005.40 ;
muttons , $3.850425 ; feeding lambs , $350ii
4 25 ; feeding sheep. $ J 2504.00 ; stockcrs , $2.50
03.50 ; culla , $1500250.
HI. I.iniU Iltr .Stock ,
ST. LOUIS , Nov ll.-CATTLE-Recelpts ,
1,100 head. Including 450 head Texunsj mur-
kct Btcuily ; native shipping and export
steers , $5CKVf76fl ; dre setl beef nnd butcher
steers , $ l.ou05.70 ! steers under 1.000 Ibs. ,
JJ3S0550 , ' stackers nnd feeders , $2.1504. 0 ;
cows nnd heifers , $20004.75 ; cnnncrs , $1.000) )
2 55 ; bulls , $2 2304 BO ; Texas nnd Indian
steers , $3.I004.GOJ cows and heifers , $ .000)
400.
HOGS Receipts , 4,000 hendj market
steady on best heavies. Be lower on others ; '
pigs and lights , $4000410 ; packers , $ UW0 >
4.JIV biitphers , $ | .1004.15
SHEEP Receipts , 100 head ; market
sti'uuy , imthu mutton" , < .OW4 * . culls nnd
bucks , * 2.50 < ft4.00 ; Iambs , $1.5005.50 , stock
crs , $2.0003 25
-Non \ > -k IUc Stock.
NEW YORK , Nov. ll.-HEEVES-ile-
relpts , 100 head , not much trading , feeling
firm : cnbles firm ! refrigerator beef higher
at 9V4fi9'4c : exports , 971 head cattle , W head i
sheep and 7,10n quarters of beef. I
CALVES Receipts. 73 head : vunls steady
grasser.s not wanted ; veals , J5.000S.BO ; gr.is
ser , $3.
SHEEP AND LAMBS-nccelpts , 4,11
nnil ! nllnlnr * alinnti firm. nlllf > r.q Hull , lamb
slow and barely steady ; sheep , $300fi4.20
I choice sheep , $340 : lambs , $5.12V405.40 ; Cana
illan lambs , $3330540.
HOGS Receipts , 5,340 head ; none for sale
nominally weak.
M. < Tiii-ili MiP Stock ,
SOUTH ST JOSEPH. Nov. 11. ( Special ,
The Journal ciiotes as follows :
CATTLE Rcpplptf , COO held ! markc
steady ; klller.s 15jJjc higher than a week
nro.
HOGS-Recelpts , B , 00 head ; market 2Uf >
6c lower : all grades , $3.9501.03 ; bulk of sales
$3K040-4 ! !
SHEEP Receipts , 100 head ; market 10 ®
lee higher than a week ago.
.Stock In Sight.
Following arc the recclpln nt the four
principal western markets for November 11
Cattle. Hogs. Sheep
South Omaha B5I S,9.o : 137
Chicago 400 31,000 S.OO' '
Kansas City 1,600 B.300 19.00
St. Louis 1.100 4,000 100
Totals . .3,631 49,230 21,23 *
OM.UI.V on.NniiAi , MAKKKT
Condition of Trnili * nml Quotntloim on
staple mill Kiim-y Produce.
EGGS Receipts light ; market firm nt ICc
nV HOMO HIT. KfiSUrv anrlllir
chickens , G0Gl4c ; old and stnggy roosters
live , 31404C ; ducks nnd geese , live , G07c
turkeys , live , 9010c.
BUTTER Common to fair , 15c : choice , 1C
017c ; separator , 23c ; gathered creamery , 22
< & 23c.
PIGEONS Live , per doz. , 73c.
VEALS-Choce ! , 9c.
GAME Prairie chickens , per doz. , $4 OOTj )
4 GO ; quail , per doz. , $1.50il1.73 | ; mallards ,
$3000325 ; blue wing teal , $1.75 ; green wing
teal , $1.23Til.BO ; mixed ducks , $1.5002 00.
OYSTERS Medium , per cnn , 20c ; stand
ard , per can , 24c ; bulk standard , per gal. ,
$1.23 ; extra selects , per can. 32c ; extra
select ? , per gal. , $1.75 ; New York Counts ,
per cnn , 40c ; New York Counts , per 100. $1.2o.
HAY Upland , choice , $650 ; midland ,
choice , $6 ; lowland , choice. $3 ; rye straw ,
choice , $ " > 50 ; No. 3 corn , 27c ; No. 3 white
oats , 22Hc ; cracked corn , per ton , $12 ; corn
and oats , chopped , per ton , $1250 ; bran , per
ton , $13 ; shorts , per ton , $11.
VEGETABLES.
TOMATOES Per crate , G0075c.
SWEET POTATOES-Per bbl , $2.750300.
POTATOES Per bu , . 25030C.
nnnn Cod. I3.50S6.00 ( :
fancy Howes , $63007,00.
ONIONS Retail way , 7075c.
CELERV rvr ao : . , L-0040C.
TURNIPS Rutabagas , per Ib , l > 4c.
CABBAGE Per Ib. . lV4c.
FRUITS.
PLUMS-Oregon , per crate , $1.0001.25.
APPLES Cholco western shipping stock ,
$3 0003 25 ; Jonathans nnd Grimes' golden ,
i35004 00 ; Now York stock , $3.75000.
GRAPES New York , 20c ; California To
kays , $1.7502.00.
PEARS Western varieties. $2250250.
TROPICAL FRUITS.
ORANGES Mexican , per box , $4 50
LEMONS California fancy , $4.75jJ5 00 ;
choice California , $4 0004.50 ; Messina , $5 500) )
6.00.
6.00.BANANASChoice
BANANAS-Choice , crated , large stock ,
per bunch , $20002.50 ; medium-sized bunches ,
1.7502.00.
1.7502.00.HIDES
HIDES , TALLOW , ETC.
HIDES No. 1 green hides , Sc ; No. 2 green
litflnu 7n * Nn. Kfllfprl hlrts. fliVIn ? Mn. 2
salted hides , Slc ; No. 1 veal calf , 8 to 12
b ? . . No. 2 veal calf , 12 to 15 Ibs , Sc.
TALLOW , GREASE , ETC.-Tallow , No , 1
34c : tallow. No2 , 3 > ,4c ; rough tallow. l'/4c ;
white grease , ' 2BtB3Mc ; yellow and brown
grease. 2V4@3c. nt > I '
MISCELLANEOUS.
H'ONEY Per 2-sectlon | cose , $3 25@3 50.
NUTS Hickory nuts , per bu. , $1.
FIGS California layers , per 10-lb. box ,
1.10 : California carton , per 10-lb. box , $1.20.
MAPLE SUGAR Per Ib. . 9c.
Toledo JInrket.
TOLEDO , O. . Nov. 11. WHEAT Dull ,
ewer ; No. 2 cash , GS' c ; December , 6914c
asked ; Mav , 71c bid.
CORN Dull , steady : No. 2 mixed , 32'/c.
OATS Dull ; No. 2 mixed , 234c. }
RYE-Qulet.
SEEDS Clover , higher , steady ; prime
cash , old , $5 ; Deccmbw , $5 65.
OIL Unchanged.
MlnncnnollM "Wheat anil Flonr.
MINNEAPOLIS , Nov. 11. WHEAT In
store : No. 1 northern , November , 64'/4c :
Uny , 67c. On track : No. 1 hard , 6B > 4c ;
No. 1 northern , 64V4c : No. 2 northern , 62c.
FLOUR Quiet nnd millers report no Im
provement : first patents , $35003.60 ; second
> atents , $33003.40 ; first clear , $23002.40.
BRAN-In bulk , $11.000)11.50. )
California Dried Fruit * .
NEW YORK , Nov. ll.-CALIFORNIA
DRIED FRUITS Steady. Evaporated ap-
) les , common , C < i7p ; prime wire tray , 734 / >
ic : choice , 8V40SHc : ; fancy , 8'/409c. Prunes ,
WS' c. Apricot * . Royal , 13015c ; Moor
'ark , 1501Sc. Peaches , peeled , 20022c ; un-
) eeled , 7@llc.
Milwaukee Rrnlii Market.
MILWAUKEE. Nov. 11. WHEAT -
Lower ; No. 1 northern , CH r : No. 2 north
ern , ffi'/.065c.
BARLEY Lower ; No. 2 , ISc ; sample , 330) )
3c.
I'corlu Market.
PEORIA , Nov. 11. CORN Easier ; No. 2 ,
"OATS Quiet : No. 3 white , 23'/4021Mc.
WHISKY Firm , on the basla of $1.23 < i for
finished soods.
Dulntli Market.
DULUTH. Nov. II. WHEAT No. 1 hard
cash , GCc : No. 1 northern cash , 65c : De
cember. 6lc ; May , 68c ; No. 2 northern ,
63Hc , ; No. 3 spring , 59c.
AN IM1 I3M3TII.\IIIU .MY&TJSHY.
How the Preliminaries of n Pokrr
( inme Excited n Yellow Journal.
When the report of the Board of Inquiry
on the blowing up of the Maine , relates
a writer In the Pathfinder , arrived In Wasb-
ngton after Us mysterious trip from Ha
vana to Key West , to the mainland , and
so on to the capital , accompanied by the
excited Interest of the whole United States ,
ono of the most conspicuous of the yellow
ournals contained next morning u graphic
account of the historic Incident , which wan
no doubt read with breathless Interest by
nllliona of subscribers. The story told In
detail how the officers carrying the precious
burden left the train accompanied by a
guard of marines from whoso pockets pro.
ruded the butts of many naval pistols and
n whoso belts could bo seen the hilts of
many ugly knives. Then a dramatic ac
count was given of how the Jealously
guarded burden was rushed to a hotel , then
o the residence of Secretary Long , where
an eager consultation wa held , and then to
the house of a United States senator , whose
jowerful machinations within the repub-
lean party have long been food for the op
position newspapers. The climax of the
itory came with the statement that a mys-
teilous man emerged from Ihe senator's
house , Joined the armored soldiers In charge
of the document , when all drove to a cer
tain house nt Mount Plea ant , a suburb
of Washington , where they remained until
he yellow Journal went to press , and where ,
presumably , It left them. The whole nffalr ,
be report said , was shrouded In deep , dark ,
mpenetrable mystery ,
The truth of this whole story Is that when
ho Important document was taken to tbo
lotcl It wag left there by the orders of Sec
retary Long , who said he would officially
receive l ( the next day nt the Navy depart
ment. The visits to the senator's house ,
and later to the suburbs were merely the
> rellmlnarles of a little- poker game , to
which the reporter of tbo yellow Jounul
was not Invited.
( SUPREMECOURT PROCEEDINGS
LINCOLN , Nov. 8.--Court met pursuant to
Adjournment. S. J. I higher and J. A , Simp
son were admitted to practice ,
1 Fidelity Securities Company against Andre -
I dre > ws. reversed as per stipulation on Illei
Potter ngntnst Omalin & Florence I and and
Trust Company , 1'etk against MornezMkl ,
Norxnl against Uerdolt , Hummell against
Kaley nnd VnnDjkp ngnlnn Butcher , dis
missed ; Farmer against Wrltnn , order of re-
vlvor ; Thompson ngalii" ! 1'urccll , 1'hoenK
Insurance Company against Howe and
Mangold against Oft , dismissed unless briefs
arc served and filed In twent\ days ; Heels
against Hale , Da\I- against Htltlcr County
nnd Wagner against Oerm.ui National I
Hank , Hcatrlce , alllrmed ; Webster against
Hastings. Home rir < \ Insurance Company
ngnlnst Johnnsen nnd Slate against Homo
Insurance Company , advanced , WllPatm
against Godfrey and French against I'ulvcr , i
reversed , State ex rol Hankers' Hescr\o i
Life Association against Scott , Inve to
docket granted , nlternntlxe writ allowed ;
Atlllprsnn ntii1n < it tfr ldlnr. nrilnt * * n illfl-
trlliutc CO < UH ; DufrenP against Johnson ,
Albert Swnrtzlnndcr appointed gimrdlan ad
lltem ; Keoley Institute agulnHVnde , sii-
persedcns vacated unless additional bond Is
gl\en In twenty days ; National Wall I'npfr
Company against Columbia National Hank ,
application for leave to tile additional rec
ord denied , Omaha Savings Hank against
Uosewater , motion to dismiss overruled ,
motion to strike motion to dismiss over
ruled , Mann against Cutter and Stnw-
nil ° \\orth .Manufacturing Company against
I'ntkcr , motions to alllrm overruled ,
AVhalen against Kitchen ( two cases ) , mo
tions to advance overruled ; Cr.ipo against
Hefner , dismissed unless briefs arc Illed and
security for costs given In twinty ilajs ,
Hcrdlltchka against Foss. leave granted to
withdraw record for the purpose of presentIng -
Ing the s.ime to the trial judge with appli
cation for correction of bill of exceptions.
Keens against Themanson , motion to dls-
mlsH overruled ; S.illng against Sallng , su-
persedens for order of distribution llxcd at
JCOO , application for Hiipcrsedeas of older of
conllrmatlon denied ; fierce against Atwood ,
motion to require additional supersede.1 *
nnd for release frqm supersede. ! * overruled ;
Farnham against Lincoln , motion to ad
vance overruled
November 9 Carter against 1'cnoyfr , dis
missed. Court ndtourned until November
21 , when the following cases will be called :
State ev rel Cornell against Pointer. Rich
ardson against Scotts Hlnff Count * , .McCor-
mlck Harveetlng Machine Company against
Commlns ( two cases ) , Building and
Association or Dakota against minn , iiuiiu-
Ing nnd Loan Association of Dakota ng.ilnst
Walker. Farmers' and Merchants' Insur
ance Companv against Wlard , Farmers' and
Merchants' Insurance Company against
Putnam. Lett against Hammond , Homo
Fire Insurance Company against Johnnsen.
State against Hemp Insurance Companv ,
Longfellow against Darnard. Chicago , Rock
Island & Paclllc Railroad Company against
Farwell Paxton against State and Hair
against Post.
The commission to examine applicants for
admission to the bar will also meet Novem
ber 21.
Supreme Court Sjllnlil.
No. S91r Snyder against Noirls. Dlt-
isEcd. Error from Cass county. Sullivan ,
The appellate jurlsdlct'on of the supreme
court clonends upon the filing with the clerk
of n duly authenticated transcript of the
iroceedlncs of the district court , containing
the judgment or final order sought to be
2 In the absence of such certificate the
ronrt Is without authority to pronounce
ludgment.
No. SKR F'rst National Bank Hastlntrs
against Omaha National Bank Reversed.
Terror from Douglas county. Harrison , C.
The conclusions announced in First Na-
. 'onal Bank against Farmers' and
Merchants' Bank. Neb. , 76
ST. W. Rep. 41. approved , nnd fol-
owed as Eovernnable of the mat-
tori of litigation In the present case
and having been stated there need not
an < l will not be restated here
No. 9001. Healey ngnln-st Knelpn. no-
versed. Error from Greelcy county. Nor-
val , J.
1. "Where the certlllcato of the trial court
attached to the record states "that the
foregoing Is a true and perfect transcript
of : the record In the above entitled cau = o
except the bill of exceptions which or-
glnal bill Is hereto attached ) It Is sufll-
clent authentication of such bill.
2 When a defendant In replevin dcnlei
) lnlntlff's title and right of nossrsslon of
he propertv , and pleads a right of posses
sion thereof in himself and nrays" a return
of the property , proof of demand before
ho hrlnpHnf nt the nntfnn is nnn * pne ; i r\-
3. A plaintiff In replevin must recover , If
at all , on the strength of his own title or
lent of possession.
No. 1016. Karbach against Clark. Frror
rom Douglas county. H'arrlpon , C. J.
Amount of damages assessed and for
which Judgment was rendered. He'd ' ex
cessive nnd not warranted by the evidence.
No. 9012. Lnwton a-'ui'nst Former. Af
firmed. Error from Hall countv. Norval. J.
1. Courts will usually adopt the Inter-
nretatlon placed on a contract by the par
ies themselvep.
2. A contract should IIP construed , If pos-
Ible. so as to give effect to all Its pro
visions.
No. 9M1. Omahn Bottling Company
gainst Theller. Reversed. Error from
> ouclas countv. Sullivan , J.
1. In an notion for an Inlury resulting
rom alleged negligence of the defendant
n falling to furnish suitable and safe ma-
hlnerv and appliances , It Is Improper , after
erdlct. fo permit plalnt'ff ' to amend his
ptltion bv allflng si distinct actionable
wrong , unless the esbentlal facts of the
mendmpnt were fairly contested nt the
rial and submitted to the Jury under
> roper inptrnctlons.
2. A def ndant 's entitled to have the 1nrv
nstructed that the plaintiff must establish
ils rase bv a prenonderanco of the proof
nd ho cannot be denrlved of this right bv
n ; imn"vient of the petition after trial
nd verdict. ' 1P"ITTBT1"1 |
3 Infants , llko adults , assume the ordl-
arv risks of the perv'ce In which they
ngnco.
4. But an Infant engaging In a hazardous
mnlovme'it Is entitled to warning of dan-
ers which , on account of youth nnd Inex-
lerienee. he does not fully comprehend.
5. A master Is liable to on Infant who has
pen Injured In h's service Inonqenuenco
f being exposed to a danger which , on nc-
ount of his youth nnd want of exoerlence ,
IP did not fully understand nnd nppre-
latp.
C. But If HIP Infant , from the length nnd
hnracter of his previous service , was fa-
nlllar with the dangers of the employment ,
10 cannot recover.
7. It Is not negligence for n master. In the
onduct of his business , to use such mn-
hlnerv and appliances as arc In common
nd general use.
8 And If a servant conscious of the risks
nd dnnc-prs incident to a bus'nps * con-
uetpd with Piieh machlnprv and appliances ,
uptnlns an injury , he cannot recover thero-
or.
9. A servant who. from the lenctli or
haractor of previous service or experience ,
may bo presumed to know the ordinary
lazards attending the proper conduct of a
ertnln business. Is not ent'Med. as nn
Itoolute right to thb same or plmllnr notice
f dangers Incident to the employment as
f IIB were Ignorant of , or Inexperienced
n. the particular work
10 Kvldcnco examined nnd found not to
iiotnlnhe verdict.
No. 9001) Drnxcl against Murphy. Re-
prspd , Error from Douglas county. Nor-
nl , J.
1 Where the descrintlon of property In a
hattel mortgage Is clear and free from all
mblgulty , parole proof If * Inadmissible to
how the extent nnd meaning of language
mploved.
Although the description In n chattel
mortgage may bo Insufficient to Impart
otlco to Innocent third parties , such fact
\11 ! not avail a purphaser from the mort
gagor who was apprised of the Hen on the
irinertv before he parted with the con-
ilderntlon.
3 Tht * tiling of n chattel mortgage la not
roven by the Introduction of evidence of a
opy of the Instrument , even though thi <
act of filing may have been Indorsed
hereon
4 Where n mortgagee of chattels au-
horlzes the mortgagor to sell the property
escribed In the mortgage at private pale
nd with the proceeds pav the mortgage
ebt. and the nalo Is nccordlnglv made , the
mortgagee lias thereby waived his Hen.
No flOfls. Chamberlain Banking HOIIBO
gainst Rellanco Insurance Company. Re-
ersed Krror from Johnson county. Har-
Ison. C .1
1 A nlnlntlfy In n ault nf Irn rtilshment nv *
ervlco of the writ bP/-omeH entitled to the
Ights of his debtor aealnst the garnlsheo
nd no after understanding or agreement
letwten the two latter parties can e sen-
lally chnngo the rights which ha\o so nt-
nchPd.
2 A partv rpcovered Judgment niralnst his
cbtor. The latter was Hiimmoned In gnr-
.Khment proceedings by the creditor of the
ormer and his answers being unsatlnfac-
ory suit was Instituted against him by the
lalntlff In the suit of garnishment ; nil the
mils and proceedings wpro In the one- , the
ounty court , The gnrnHhee paid into court
n amount which subsequent to norvlco of
ho writ of garnishment his creditor had
greed to receive us his due This was
-pated liv ( he court to the extent shown by
ho record as a payment In the. first original
3. A party Illed a claim of right to recelvo
lie moniy on the ground that the original
aiiso of action had been his by assignment.
'h' ' > < was nie-d In the original action and
ntlcn of It was served on counsel for
plaintiff In garnishment. They uppeari-d ,
Id not oblect to ttu > hearing and the nppll-
ant's right to recelvo thn money was d-
udlcnted 'Held a proceeding without luw
r rule of practltf. that the court had no
urlBdlction and that the parties pnrtlcl-
mted did not confer Jurisdiction , the do-
Islon did not fix the rights of the parties
md the record of the proceedings and de j
termination wns not competent csldencc
In this garnishment suit of n prior adjudi
cation alleged us matter of defense l > y the.
carnl'hfp.
No 90(17 ( Chamltprlnln Hanking Hou o
against Hnilford Fire Insurance Company
Rovcr f < l. Error from Johnson county.
Harrison , C. J
Uy stipulation the decision In the case of
Chnmberlln Banking House against Re
liance Insurance Coinpanv , filed nt this
lime , l to goAern the disposition of HIM
one Following that decision the Judgment
herein Is rc\er cd and the cause remanded ,
No. POOfl Lincoln Land Company against
Phclps County Alllrmed. Error from
Phrlpi countj. Sullhiin , J
1 In countlpi under the township sjstcm
of government nn Individual assessment of
propor'y must bear a just relation to thu
assessed \alup of nil other property In the
town nnd It It does so It will not bedis
turbed.
2 The counl.\ board In counlleq under
township organization ! authorized to cor
rect Individual assessments only , where the
town boird having Jurisdiction has. upon
proper applltatlou to It , rtstused to grant
int < relict iietnnnueu
3 In counties under township organization
the supervisor' ' , sitting as a board of
canalization , possess no greater authority
to redress Indhldual grievances than that
possessed bv the town board
I Trlors of fnct are not generally bound
by opinion oldence ofalue. . even when it
is not mot b\ opposing proof
No f > 021 Oak Creek Vnlle > Bank against
Helmer. Alllrmed Appeal from Snundera
county Harrison , C J.
1 Generally If two unequal estates nre
vested In the samp partv at the one time
and thcro Is no Intenenlng eatnto the In
ferior Is merged In the superior
2 Tht merger Is not an absolute effect
of vesting of the. unequal titles In the ono
person at the same time. Whether such
will bo the effect may depend upon thp In
tention of the party In whom the. titles
nppear , olthpr a dlrpctlv expiessed or as It
may bo Inferred or Implied from thu facts
nnd circumstances of the particular case.
3 The cross-petition In this action held to
contain matter which left Issnable the ques
tion of merger of two estates.
4 The evidence did not conclusively os-
tabllsh a merger , but wns sutllclcnt to sus
tain n llndlng of non-meiger.
5 A creditor may become entitled to the
benollt of n mortgage given by the princi
pal debtor to his surety for the payment of
the debt , which mortgage pro\ldes for thn
discharge or pavment of the debt and to
Indemnify the surety , and after the credi
tor's rlcbf to thp security attaches the 1 it-
tcr cannot usually be released without the
participation and consent of nil parties In
terested.
6. A partv Is not estopped by his acts or
omissions which were In no manner or de
gree elemental of or Inducements to the
acts of the ono who seeks to Invoke the
estoppel.
7. The question of fraudulent Intent -when
a convejance Is assailed on the ground that
it isold against creditors of thn grantor
} Is one. of fact. ( Omaha Coal Coke nnd
I ' Lime Companv against Sness , 51 Neb. 379. )
No. 10sb5 Wittenberg against Mollj-
neauv. Reversed. Error from Clay county.
Harrison C. J.
1. Where a cause Is brought n second
tlmo to this court the first decision will
bo deemed the law of the case and not
merely as to the points expressly decided ,
but to all questions piescnted by the rec
ord and necessarily Involved In the decision ,
and ordinarily will not be examined. ( Hnv-
den against Frederlckt-on , tiled October 19 ,
1S99 ; Richardson Drug Company against
Tcasdal. filed October I1) ) . 1S9D )
2. If the right to damages for breach of
a contiact Is mattci' of reasonable litiga
tion the amount to be recovered , if any , un
liquidated and must be tlxed not by mere
computation but by suit , Interest may not
bo allowed for time precedent of the set
tlement of the right to a recovery and the
ascertaining of the amount.
" ! , Error In giving nn instruction that falls
to fully or definitely plate the Issues In a
case is not available unless tHe complainant
prepared and requested a full charge upon
thu point.
I. The time of n stipulation wns fixed by
Its terms at two years. In this action ,
commenced prior to the- expiration of the
full time , there could be no recovery of
damages for breaches of the agreement
which occurred subsequent to the Institu
tion of the suit.
5. The showing of the absence of n wit
ness from the jurisdiction of the trial court
held insufficient to warrant the admission
of his testimony at the former trial of the
CaNo. ' 10749. Brady against Chicago. St.
Paul , Minneapolis & Omaha Rallwuv Com
pany. Affirmed. Error from Madison
county. Norval. J.
1. Where contributory negligence was the
proximate cause ot personal injury inure
can be no recovery of damages.
2. Where there Is no conflict In the evi
dence and but one reasonable Inference- can
bo drawn from the. facts the question of
negligence is for the court.
ADMIRAL nmVIiY'J * FIA.NCI3B.
In Mnunrr , Clever Mnnlclnii ,
ACUOlllIlIlNlUMl III II Kit Int.
With Admiral Dewoy'a announcement of
his engagement to marry , the eyes of every
one were turned upon the woman of his
choice. Naturally , eays the New York Her
ald , "all the world wondered" what and how
great were the charms of the gracious lady
at whose feet the admiral , returning in
triumph from a victorious campaign , had
laid his heart.
Wisdom In wooing equal to his skill In
war the admiral has surely displayed , for
the future Mrs. Dewey , Mrs. Mildred ( Mc
Lean Hazen , daughter of Washington Mc
Lean of Cincinnati , and widow of Brigadier
General Hazen , Is one of the most fascinating
women who ever graced WnshinBton society.
Sho'ls sprightly , witty and very quick at
repartee. She possesses the rare gift of plac
ing all persons Immediately at ease , and , as
ono of-hor friends sa > s of her , "making them
perfectly satisfied with themselves. "
Her manner Is engaging. She Is a
brilliant conversationalist , nnd talks Inter
estingly upon all subjects , having n wealth
of Information , to which she adds a charm
ing touch of humor nnd originality. She tells
a story well and Is equally quick to appre
ciate and enjoy any amusing Incident nt her
own expense.
Mrs. Hazen , although nearly fifty years
old , Is decidedly youthful In appearance. She
Is not many Inches over flve feet In height ,
being much shorter than Admiral Dowey.
Her figure Is beautifully rounded , nnd she Is
stylish to a marked degree , and dresses nl-
wojs In exceeding good taste.
Her house gowns uave oeen arusuc crea
tions of tlack and white , strikingly com
bined , lavender , delicate grays and white.
For afternoons she usually wears , with altlrtfl
of the soft crcpo effects , black nnd white
fancy silk waists , and In the evening not In
frequently her black hall gowns , and the
lighter shades of second mourning.
Mrs. Hazen's gowns display originality in
dehlgn , and she wears them always In the
trimmest manner nnd In a graceful style that
seems to bo entirely her own.
Mrs. Hazen Is exceptionally striking In
evening drcn3 , which Is exceedingly becom
ing to her. She Is not extraordinarily fond
of Jewels , nnd , with the exception of Je.v-
cllod ornaments for her dark hair , nlwajs
simply arranged , nnd a diamond necklace ,
wears very few gems. She- possesses a
doien or moro cliolco and rarely beautiful
fans of exquisite art and workmanship.
These she wears with different costumes and
uscn with a charming grace.
Mrs. Hasun was born when the family
wore residing In Sixth street , In Cincinnati ,
now a busy thoroughfare of tbo city , the eld
family houao having long since given way to
business houfccs. Until she was 13 years
old she , with her sister and brother , was In
structed by a governess.
Rhn was a highly original , studious child.
She never made Intlmato friends , but her
elster and brother wera her constant com
panions , and she cared llttlo or nothing for
games as most children do
She was never fond of active exorcise , but
would creep Into the cosey chairs In the
library and spend hours poring over book * ,
She was especially fond of fairy tales , ami
revelled In "Tho Arabian Nights" and sim
ilar stories which delight childish hearts.
To this day Mrs. Hazen enjoys a good fairy
story , and re-ads them with great Interest.
She was always fond of dancing nnd was
regarded as ono of the most graceful dancora
In tor evt.
At 13 , a'ter attending for some time a
small private school In Cincinnati , she was
bet to thu Urslllue convent , In Brown county ,
Ohio , where the completed her education ,
Shu early turned her attention to rauslo
and the study of lapguages , ' .Mrs. Hazpn
RptnUa French with a rarely beautiful ac
cent , and la extremely fond of German ,
which tongue she mastered during her BChool
days. She has studied both French and
German literature and Is equally conversant
In them both , Mrs. llnzen also speaks Hal * ' >
Inn , but hns gl\rn loss time to this latiguig *
thnn the others. She \s \ a brilliant planl.1t
nnd enjoys music Immensely
This accomplishment will bo .1 prr.it. u mi reef
of pleasure to Admlr.il Pewey. who Is equally
fond of music. Her fa\orlto composer U c
Chopin , whoso poetic strains she Inlcrpittj
with nil thn depth of feeling of the true
muslclnn. Mendelssohn nnd Huhlnstoln nnd
nil composers of the lyric stvlo she equally I
fond of. ni well ns Wagner. Ilpcthotcii nnj
the great musicians of that school
Mrs Union's fa\orlto author Is ShnVe-
spoaio , If she hns n preference , though Sh
claims none , but she- studied these dramas , .
trngodles nnd comcdlcw wl'cn ncty llttlo '
child , nnd todny they POS-BCSS thp snmo
charm for her.
A mrmibcr of htr family fn > a she 1ms read
"cverythUig c\er published In the fliapc ot a
book. " She was nlwnjs nn npt ( "indent , and
has rend nil her life , nnd re.ul well , mery-
thltiR rclnthe to child life.
Mrs. Hnzcn Is devoted to children , nml
when n > cry younp girl \lsltcd frequently
the Children's hospital In Cincinnati'hcro
she rend to the chlldrnt nnd t elated to them
wonderful fnlry tnlce. She was regarded
by her llttlo pntlcnls , us she has been by
mnny other suffering little chlldien plnre. ns
n good nngcl , or n sort of a real fnlry god
mother.
Mrs. Hnzcn'fl llttlo daughter , Mildred , who
only six months , wns born in 187. ; her
son John , whoso dcnth occurred last sum-
mo. , vmi born In 1876. During 1'resldent
Hnje.11 administration ( icncral Hazon wns
military attache nt the United States lega
tion In Austiln. John A. Knsfon wns then
United Stales minister to that country. Mrs.
Hnzcn , who was joiing , beautiful a d witty ,
wan the only woman of the legation. It goc *
without saying tlmt she wns Immensely
popular In the court circle , and wns greatly
admired by the 1'niperor Trancls Joseph
and thn Into ctnprcss.
Thn Mcl-ennn as n family arc not given
In the least to display when they entertain.
They hnvu n less conspicuous decoration ot
flowprs than many othrr households In
Washington. There Is nlwajs the atmosphere
of qutel elegance nothing studied for effect.
Mrs. Hazen seldom If ever wears flowers ,
but enjoys lm\ing them about her.
Owing to her cordlnl nnd gracious manner
Mra. Hazen Is regnided by the hostesses In
ofllclal circles as n most tnluod assistant In
entertaining nt cabinet and other afternoon
and c\enlng receptions. This pleasing though
pometlmcs c\artlng task Mrs. Hnrrn per
forms with the same vKaclnus nnd sprightly
manner characteristic of her charming per
sonality.
Much hns been said of Mrs Hnzm's wealth.
Her only Income lo dpihcd fran the largo
residence nt the northwest corner of K nnd
Sixteenth streets , which was gl\cn to her
by her father. formerly the house wna
leased for the sum of S/i.OOO / a ycnr , but slnco
It ban been enlniged nnd leased by the
present United Slates ambassador to Italy ,
General Draper , and subsequently former
Secretary Algcr , and its present occupant.
Secretary Hitchcock , It has brought JS.OOO ,
the salary of a cabinet officer.
Mrc. Hazen has no Income aside from this ,
on the balance of the McLcnn estate Is In
the name ot Mrs. Washington McLean , her
mother.
Hard on tinI'eiM. .
Chicago Post : "No , " ho snld thought
fully , "I have not noticed any great boom In
buslnesi jet. but it will come. Only glvo
the people time. They are too busy now ,
buj just aa soon as this crush Is over I
expect to have moro business than I cnn attend -
tend to comfortably. I expect that one out
o ! every three people in Chicago will ho in
need o [ the attention of myscll or one or
my professional brothers. "
' 'What Ii your business ? "
" 1 . "
am n chiropodist.
n
JOBBERS & MANUFACTURERS
OF OMAHA
DRY GOODS.
jyi
0
r taper tcrs and JottMraot
Dry Goods , Furnishing Goods
AND NOTIONS.
ELECTRICAL SUPPLIES. 1
W es
Electrical Sut > plics >
Eleotrio Wlrlnir Bolls nnd Gns
a. W. JOHNSTON. Her 1010 "n
BOILER AND SHEET IRON WORKS
make , Wilson I
\J \ & uyDi : : ir >
Snoeeinora WlUou .t IlrnUe.
Manufacturers boilers , smoke stacks and
ftreechlncs , pressure , rendering , sheep dip ,
lard ana ' .rater tnnkn , boiler tubes con-
Untly on hand , second hand bollera
bonpht and sold SprHal nnd promnt to
rtpalra In city or conntrv l ! > tt * "nil Pierce.
BOOTS-SHOES-RUBBERS ,
0 merican Hand
1 V Sewed Shoe Go
U Jobbers of Foot Wear
WXSTEHN AOttnt FOR
Th Jotepb Banigun Hubber Co.
CHI COR *
T Ohicory Gc.
u4 nuficturtr ( all form ot
Chicory -JTtmonl-O'NtlL
SAFE AND IRON WORKS.
Omaha Safe
The and Iron Works ,
G. ANDKEEN , Prop.
Makei a specialty of
* ESCAPES.
TZTTfT
X J-tC/w BHUTTIUte.
imi Oiiralar Proof Safe , anti V'nu.t I'oora , ew.
ni l K. Hlh ) > . , OluuliM. Web.
JiMES F. BOYD & CO , ,
Telephone 103U , Oinalia , Ns' )
COMMISSION ,
GRAIN , PROVISIONS and STOCKS
UOAII ( ) OF THADU.
Dlrt wlrtn ( i > CliU i ; < i n .Vtir Tort.
Crr § Dondenl l John A. Wamn A Co.
roxc
H.RPEUNEY&CO ,
8POM4MY : LIFE . BtUO. " " ? . . . . .
OMAHA nio. cnceut rt
