n IMIUM PUT \TPI it i fTTnn CLMvS HNANCIAL LhlTER I I Monetary Conditions in Wnll Street Sized Up , by nn PRESENT OUTLOOK IS HIGHLY FAVORABLE rroiiprrlly I'revnlln mill Trndc nnd Industry AnIn n Sound nnd Hope ful CoiidlUnii Klfrct of Hie llorr Wnr. NEW YORK , Jan. 7. ( Special. ) Henry Clews , hond of the banking house of Henry Clews & Co. , writes i The market has partially recovered from the December decline nnd has emerged jjre.iHy strengthened by that test. All danger - ! ger or panic was successfully averted anil ! It will be ninny months before the low . price * then loin hod will be scon again. As for Ihe future course of the security mar- , ki-ix in lo ! any opinions of value must bo guldi-d by careful , -onIdorntlon. Taken as u Whole , the oullook for the present year Is highly favorable ; prosperity prevails throuKhout tin- country , while both trade and Industry are In sound and hopeful con dition. Thetv arc powerful factors In a bull market ; Indeed , we could have- none better , nnd were they allowed full Hway we might expect active and strong mar kets throughout the year , but there are Important offsets to be considered which would quickly upset any too optimistic con clusions. It is very unlikely that 1 ! 00 will be a repe tition of 1859. Even prosperity has Its lluc- tiiatlons and drawbacks especially when cost > it material ami labor rise to n point that chocks new enterprise or leads to overproduction , with all the Inconvenient consequences that follow. The rise. In many commodities has been quite pronounced. In Pig Iron and Iron products the advance has In en simply phenomenal , owing to the tre- mrndoUs pressure of orders. The effect of this l to again bring Into use many ob- o and discarded plants In all partu of I I the country , which may run at a prollt for a few months or years , but must ulti mately succumb to the competition of stronger ami butler equipped concerns when prices recede to the normal. There are a number of very Important enterprises now held In abeyance because of the high price of Iron entering Into permanent structures and when the. urcscnl rush of orders has been satisfied and some concessions effected In values these buyers will probably mine Into the market and so prevent any serious or too rapid decline , but It should not be forgotten that the present roseate condi tions In the Iron trade will not continue Imlellnltcly. The stock market Is now more under the Inlluenco of Iron than ever , llrst because so many securities of that class ure now dealt In here , and second be cause In various ways rnllrond trulllc Is materially affected. Any marked subsidence of the activity In the iron trade Is , there fore , likely to withdraw a powerful stimu lus to stocks , but this will not happen for months to come , many concerns huvliiR on hand ordurs Hint will keep them busy for the next six months earning large prollts. There are other lines of Industry In which It Is a question If 1900 proves as good a year as 1899. The textile trades have had a wonderfully successful season , but pru dent morehaiils are not overconlldent , es pecially In view of Ihe great expansion of the cotton Industry In the south. Till * .Money Mnrket. Another Important element In the future. Is the money market. There Is little pros pect of what we usually term easy rates durlnR the preso.nl year. Trade IB sure to liu fltilllclently active to make good rates for money practically certain. The chief question Is , Shall we. expect undue strln- Kency ? Theriv Is enoiiKh money available for all regular purposes , but two disturb ing factois must be faced the Transvaal war and our own defective currency sys tem. As for the llrst , It Is qullo evident that Great Urltuln has a more .serious un dertaking on hand than at llrst expected. Vnless the noers surrender , which seems tigalnst all probability , the war may be J > rolonged for months before the. British Hag floats over Pretoria , necessitating , no doubt , u large Issue of consols , estimated ut not. less than 30,000,0X1 , and perhaps more. As this war will prove a much more Expensive aflalr than ours with Spain , Its effect upon the money markets of the world will be correspondingly greater. For the mime reason our security markets will be keenly sensitive to any battles or events which promise to affect the duration of the struggle. A decisive , British victory will cause' an advance , or a. serious British reverse must cause declines. As for the dtlllcultles arising from the defects of our Usual arrangements , their only cure rests In intelligenl legislation , and1 we can only hope for conditions which will not aggra vate them until congress takes up the sub ject In earnest. Our war tariff is yielding a much larger national revenue , than Is required , causing a locking up of funds In the treasury and an Injury to business that provokea serious and not always well directed criticism. Some modlilcation of the present scale of taxation Is desirable , if I ho administration wishes to avoid dllllcul ; lies for which It Is not responsible. Con gress , however. Is not likely to attempt any radical changes with a presidential con test so close at hand , There Is a strong de- Blro not to reopen.tho tariff question and a willingness to put the country formally Upon a gold basis , but no serious disposi tion to give the country a scientific , banking mid currency systnm. although much prog ress has been made In that direction. The Irust problem will receive some attention from congress , but there Is fortunately a disposition to go slowly in dealing with BO Intricate a subject , where hasty action might do more , harm than the Irusls at their worst , llrlelly forecasting 1900 , then , the political outlook Is not more unfavor able to the stock market than usual. Po litical considerations may cause some hes itation , particularly In view of It being a presidential yiMir , but there Is no cause for uneasiness. The business outlook is excel lent , though ns rising prices cannot go on indefinitely some reactions may be reason nbly oxpectod. An event of great business Imiortance for the future Is Secretary Hay's brilliant success In Influencing other coun tries In Hurope to recognize the "open door" principle In China. AH soon as wo run into an urn of overproduction again , and this cannot be far distant , we shall begin to more clearly appieclate the value of for- jlgn markets and that China Is likely to eooir prove a valuable outlet for American material. lininiilhiliOudooU. . Concerning tin * Immediate future of the market wts look for advancing prices. Much < lepend'H ' , an until above , on the Transvaal war. Stocks arc * In strong hands and there will bo plenty of money for Investment. The new year ojicim up with the piost favorable prospects , it Is rare Indeed that the whole business .situation of any coun try Is In so satisfactory a condition as we find It hero In the United States today The railroads wore never currying so mud tonnage and tlmt la a good Index to gen eral prosperity. The war In South A ft lea is not likely to seriously affect values I : this country a second time us seriously as the recent one. If we receive uood news It will be so much to our advantage , and If the news Is not favorable wo will not be taken 'by ' surprlsx. There I take U th.it tint disturbance In the Transvaal has given its about the worst shock that It Is likely 1o do.Ve have already shipped Jl I.Mj.o.O igold , which has done considerable good in l/jndon without doing us any particular liarm. As a matter of fact , we have de rived considerable benefit by having bene- Jlled the London money market by the KaM WH have sent ( here , as our Investment ! KeriirltlcH have ceased now to be returned ' in consequence . The holdings of our se curities In Hjici'Uiatlvc hands In UinJon were probably never smaller than they are. just now. So HUTU is nothing to fear from this one KOIII-CO under any circumstance ? . .Mnu'liexlcr TellcFnlirlcN , MANCI1ESTKR , Jan. 7. Thn year opened "buoyantly " , with cnnfldcrahk < Calcutta and ! < Him business at full prices , chlelly In uray HhlriliiRs ami gray bleache , ! goods. Kincc then the \agarlc * of cotton have dam- .pened . I lie ardor of buyers and there was M-arccly any change In prices during the ntlrc week. The binaller markets are slow. 31omi > ttailc Is only fair , allhough the gen eral feeling U hopeful. Yarns did a moder- ute biiHlnt'ss , the prollt margin being but ter , as the decline In t otton was nol fol lowed. Deccmlior exports of yarns show a falling off of ' . ' 5's pur cunt , only Japan and Ceylon showing moderate iniTrufes. Thn continent. Turkey , Morocco , Colombia. Ven- izuela , I VIM. Hruzll and India show Ihe largest falling on * . The principal Increase was In China , the Dutch Indies. Chill , Ar gentina. Australia , the United State * and Iho rhlllpplnes. France leports a continu ing good demand' ' for yarns and rising prices. Ili-rlln I'liiiiiice. BERLIN. Jan. 7. The money market crew steady and easier throughout all If ; last week , private discount reaching t'.i per cent yesterday. The cuso of the mar ' ; . ket U explained by the annual dividend jwy- ' inents. which holder * hosltute lo rolnvcot in i-vciiiltlos , owing to tu ! > uncortnlntlurt l\ \ itho slluatlon. The Doutsi-hc Oekonomlst ' , Jiowever. regards ihc falling of discount ff tin artificial maneuver designed lu strengthen conlldence. As confirming this view It points out that thu great German hunks , which usually lend cull money ut this ilutH. are now seeking thu SUIHB ut from 7 to S per cent. The recovery movement of the Helens- built U t week wiu normal , while , owing It ' to the high rntos for new discounts , loans were only moderate. A reduction of rate Is 1I I expected nt the bank during the latter hnlf 1 of thlx month. If nothing political In- tnrvenes. The gold export to hnglnnd nan redded , although exchange remains above .the sold point. The export to Holland , however , continues In small amounts. It Is rumored that considerable Russian money hns been placed here. The bourse throiiKhotit the week was Irregular nnd nervous. It started bullish , but weakened upon the report of the seizure of the Bundosrnth and Intelligence regarding the movements of Russian troops. The bears took advantage of both Incidents to beat down vnltifs. The declines , however , were not heavy ami the general tendency re mains rather llrm Americans sold freely , but the under tone of the market as nrfcctlng them re- miilns decidedly stronir. The financial prc s polnls out that Ber lin stood the recent situation bolter than London nnd Now York. Although much German money wns lost ut the London Hollloment this did not cause failures or embarrassments here. Thn heavy advance In gold mine taxes In the Transvaal causes very unfavorable comment In the financial press. Kven the pro-Ilocr organs say the action Is con- tlscatory. It is reported that the German and French consuls In Pretoria have al ready protested on behalf of their respective governments. CIIICACO OHA1X c\M ) PROVISIONS. Kenturt'iH of tinTrmllnK anil Price * on Saturday. CHICAGO. Jan. ' G. Liberal receipts , the poor export demand nnd nit her easy cables combined to weaken wheat today , May closing US-Tic under yesterday. Corn closed u shade and oats Tfee lower. Provisions un changed to 7c higher. May wheat opened nt GSttBGDc. a shade over yesterday's close , the steadiness , which was lost almost immediately , being accounted for by unseasonably moist weather In the middle west and the fact that Liverpool decline wns less than the loss here yesterday. Longs , however , dis couraged by the poor export business an the largo stocks , particularly In the north west , began selling at the opening and kept It up throughout the session , wltn their ranks reinforced by most of the scalp- Ing fraternity. The buying was nearly all ngalnst pills. Dullness clumiclcrlzed Iho session. May sank to 6Sgc. but near the close advanced on buying against privi leges and closed weak , U < 8o under yes terday at BSViiifiS ic. Primary receipts were B12.411 bushels , compared with 755.5SS last year. Minne apolis and Duluth reported 450 cars , against 3G8 last week and BIS a year aqo. U'eelpts here were 42 cars , 10 of contract grade. Atlantic port clearances of wheat were 2S3.S31 bushels , of Hour 31,333 barrels. Vow York reported only C loads taken for jxport. Corn was easy with wheat , but outside his Influence was little cause for depres sion , and though the tendency was down- van ! the decline wns trilling. Business was lull. Considering the good roads country > fferlngs were small. Selling wns scattered , "tccelptshero were IIG cars. May ranged torn 32-'S4g32c ! to 33c , closing a shade under , 'esterday nt 32J4c. Stocks hero will in crease about 1,000,000 bushels. The usual Saturday dullness dozed In the oats pit. Fluctuations were very narrow and If the market can be said to have had any tendency It wns downward In sym- mthy with wheat , the Influence of which caused a bit of liquidation. Receipts hero were 15S cars. May ranged from 23 jc to SVtc , closing rather easy , ' c down at " 3c. Provisions , after a period of despondency over receipts of hogs , which were some what larger than expected , steadied later mil held to the close. The opening was at n. shade less and this was followed by some realizing , depressing the market , which wns rather active throughout , still "urthcr. At the decline support was re- elved and the early loss was recovered. May pork ranged from J10.70 to J10.85 , clos- "ng 7V4c over yesterday at J10.S5 ; May lard 'rom J5.S7 % to J3.D286.95. with the close n Mhndo under yesterday'at JR.92fjn.l3 ! , and May ribs K > .671ir5.72lQ5.75 , closing un changed at J5.72 > ,4fl5.75. Estimated receipts Monday : Wheat , 40 cars ; corn , 430 cars ; oats , ISO cars ; hogs , 44,000 head. The leading futures ranged as follows ; Attlcle.a.l Op n. | High. | Low. | Close. | Yes'y. Wheat I Jan. ray , 65 % May t > 9 July Corn- Jan. SO',4 SOU May 32T4J133I 33 WW 32 % July 33 1 33 % 33140 % " Oats- Jan. 23 22 22 May 23 % 23T4 Pork- Jan , 1053 1047 Mny 1075 10 85 1070 10 So 1047V4 Lnrd Jnn. 5 SO 5 SO May- 592V4 5 87 % . - > 9G 5 93 Ribs- Jan. 5 6 5 CO 5 GO 6 G214 May 57 5 67 % 5 73 5 75 No. 2. Cash Quotations were as follows : FLOUR Steady ; winter patents , J3.40S > 3.50 ; straights , J3.00fr3.20 ; clear , J2.90T)3.10 ) ; spring specials , J3.WW4.00 ; spring patents , J3.305J3.50 ; straights , J2.655f .00 ; bakers , J1.90 ' 2.50. WHEAT No. 3 spring , C2 i < ( j66c ; No. 2 red , G7HT68MC. : CORN No. 2 , SO-Tic ; No. 2 yellow , 31c. OATS No. 2. 22 4 < i | < > 3y.e ; No. 2 white , 23tf ® 25c ; No. 3 white. 24 i5iC5'ic. RYE No. 2 , 52ic. BARLEY-NO. 2 , ssfM2c. SEEDS No. 1 llaxseed and northwest , Jl.51 % . Prime timothy , J2.35. Clover , con tract grade , JS.10. IPROVISIONS Mess pork , per bbl. , J9.2ofl ( > 10.00. Lard , per 100 Ibs. . J5. ( ; ft5.S2 % . Short ribs sides ( loose ) , J3.505T3.75. Dry salted shoulders ( boxed ) , J5.5055.75 ; short clear sides ( boxed ) . J5.75 < R5.SO. WHISKY Distillers' finished goods , on basis high wines , per gal. . Jl.23 % . SUGARS Cut loaf , JS.70 ; granulated , Jo.lS. Following are the receipts and shipments for ipday : Articles. RecelDts. Shlpm'ts. Flour bbls 38,000 33,000 Wheat bu 51.000 136,000 Corn uu. . SfOO 91000 Oats bu . 231.000 144.0W ) Rye , bu. 3.000 4 , < HK > Barley , bu 52.000 38.000 On thu Produce exchange today the but ter market was llrm ; creameries , 22529c ; dairies 17 < fi25e. . Cheese , llrm at 12ft 12c. Eggs , ilnn ; fresh. 20c. St. Inull Cm I n anil Provision * . ST LOUIS , Jan. 5. WHEAT Lower : No. 2 red , cnnli , elevator , G'Jc ; track , 72c ; Janu ary , tWde ; May , 70 < Sc ; July , G3e ; No. 2 hard , CGii7lc ! ; receipts , 8,911 bushels. CORN Steady ; No. 2 cash , 30c ; track , 31VU31e ? ; January , 30c ; May , 31V c. OATS Lower ; No. 2 cnnh , 24c ; track , 2lc ; January , 24c ; May , 2lic ; No. 2 white , RYE Easier at 6fc. FLOfR Dull and unchanged ; patents. J3.45fi3.55 ; extra fancy , J3.104T3.15 ; clear , J2.75 GiZ.W. SEEDS-Timothy , J2.09JT2.25 ; llax , higher , J1.4S. CORNMEAL-Jl.705jl.75. BRAN Sacked , east track , G4c. HAV Timothy , JS.50ffl2.00 ; prnlrle , llrm , J7.2TiiiS.50. WHISKY-Steady , Jl.23 % . COTTONTI E8-J1.20. B AGGING S'H' ' ? ) GVjC. HEMP TWINE-9C. PROVISIONS Dry salt mixed meats , extra , shorts , J5.G2 % : clear ribs , J5.75 ; clear ! sides , J5.S7'sBacon , extra shorts , JU.12'6 ' ; ! clear ribs , JB.25 ; clear sides , 16.37 % , Pork , sternly ; Jobbing , J9.75 , old ; JI1.25 , iiu ti . Lard , nominal ; prime steam , J3.TO ; choice , J5.G.1. METALS Lead , llrm nt JI.G7' ' . Spoiler , dull nt JI.25. POULTRY Dull ; chickens ana ducks , CVic ; turkeys , 7c ; geese , 5o. RKCKIPTS-Klour , G.om bbls. ; .wheat , a.inifl bu. ; corn. 61.000 bu. : oals , 35,0)0 ) bu. ' SIllPMENTS-Flour , S.OuO bids. : wheat , | 43,000 bu. ; corn 78,000 bu. : outs 49.0T bu. Iviminx City lirnlii nnd ProvlHloiiH , KANSAS CIT\T Jan. li.-WHEAT-May. I Km ; cash , No. 2 hard , G2' < iGtc ? : ; NCI. 3 , fi'fj i ? ) 1 iHo ; No. 2 red , G9ff70c ; No. 3 , G 'u67c ; "I | relnls. IG cars. I CORN-Mny. 2-jo ; cash. No. 2 mixed. 2Si ' ( ii2ST c ; No. 2 white , 29c ; No. 3 , 2St/2 : } 4c. ! OATS-No 2 white. 242IUc. ! RYE No. 2 , 4 ! > c. ! HAY Cholcfl timoOiy , J9.005J9.50 ; choice 1 pralrlf. J7.C > i)7.DO. ) I RlCCEIPTS-\\nu > at , 27.6-M bu. ; corn , 12,100 i bu. : oats , 11.000 bu. ' SHIPMENTS Wheat. 12,000 bu. ; corn , 2S- h > bu. ; oals. 5000 bu. Callfonilu Dried FriilU. NEW YORK. Jan. 6. CALIFORNIA DRIED FRUITS Evaporated apples , quiet ' and steady ; California fruits steady. Suite ' evaporated apples , common , GfuJHcprlmn. ; . i f'a4/7o / ; choice , 7 050 ; fancy. il.j5i9e. Call- i fornin dried prunes , 3fi8c per Ib. , as to ' iilzo nnd quality. Apricots , Royal. 13qi5r ; ! Moor Park , I5 nsc. Peaches , pet-led , 20ij 'ic : unpcoled , 7't iIOo. i Allniii'iiaiillH AVIicnl nml Flour- MINNEAPOLIS , Minn , Jnn. 6. WHEAT I In utoro : No. 1 northern , G4.c ; May , fi-ISc : July. G TUiG7c. On track : No. 1 hard , i Me : N ° - 1 northern , GIHc ; No. 2 northern , Gl Ht * . FLOI'R First patents. J3.25ti.45 ; second patents. ' J3.I5fiS.25 ; llrst clear , J2.15&2.2S. 1 JJRAN-In ri'i bulk $11.00312.25. ( J11AIIA LIVE STUCK MARKET | Very Light Receipts of Oattlo nnd No Marked Olmngea in Prices. DEMAND | FOR HOGS IN EXCESS OF SUPPLY Triule Active nml Hverytlilnn In Cooil .Sea-mil Mnrknt Clone" Slrniiurr Than n ( ( he Opcnl ( iooil Deinnnil for Slu-cp. SOUTH OMAHA. Jnn. G. Receipts were : Cattle. Hogs. Sheep Olllclal .Monday .1,191 2OiO MO Olllclal Tuesday 2.G47 8.SOJ 2 , 3 Olllelnl ( Wednesday Z.952 50l | 34b j ' Olllclal ( Thursday 2,741 8.437 3.0SI Otllclal ( Friday l.SSJ i.ool \ & \ ' . ) l-cla Olllelnl Saturdny 268 J.i'.A - Total this week .Tl.MS 34.HGS Week Hiding Dec. 30 7.736 27.16S Week ending Dec. 23 10,50:1 : 64. ! > l Week ending Dec. 16 15.02S 47--9 ! ! Average price paid for hogs tor the last several days with comparisons : Dec. 15. . Dec. 16. . Dec. 17. . 413 Dec. 18. . 3 OS , 3 31 3 1G | 3 36 4 13 4 90 Dec. ID. . 3 92 3 2SJ * 3 IS 3 31 4 07 4 87 Dec. 20. . 3 ! ' ) 3 2 ! > | 3 33 324 4 11 4 7.1 Dec. 21. . 4 01 | 3 32 3 28 | 3 17 3(27 4 15 4 74 Dec. 22. . 4 02 | 3 34 3 24 3 14 ( 4 14 490 Dec. 23. . 4 Ol | 3 37 3 21 3 17 327 * 4 93 Dec. 2-1. . - 3 47 3 2G 3 13 331 413 Dec. 23. , * " I * t Dec. 2fi. . 4 11 3 60 3 20 3 30 4 17 G 11 Dec. 27. . 4 09 3 41 330 * 3 3S | 4 13 5 10 Dec. 28. . 4 14 3 43 3 32 3 24 3 36 4 10 6 11 Dec. 29. . 4 1C 3 45 3 30 3 IS 413 5 07 Deo. 30. . 4 14 3 45 3 31 3 15 3 41 5 14 Dec. 31. . 3 61 3 33 317 3 39 4 23 | 1900.lSOS.lS9S1ly7-JlSWjl.I55Jl | | | | i' Jan. 1. . . TTTSlT"1" " 3 42 3 18 3 40 4 22 G 12 Jan. 2. . . . . 433 357 317 33 16 r , 1C Jan. 3. . . 4 2:1 : 3 57 3 4S 3 46 4 OS 6 OS Jan. 4. . . 4 27 3 44 3 41 325 3 51 411 G 10 Jan. 5. . . 4 3 3 47 ? 3S 3 27 | * I 410 5 16 Jan. G. . . 4 331 31S | 3 39 3 29 3 M 5 07 Indicates Sunday Holiday. The ofllelnl number of cars of. stock brought m today by each road was : Cattle. Hors. Sh'p. 11 r s. C. . M. & St. P. Ry 9 O. & ? St. L. Ry 2 Missouri Paclllc Ry.I 'A Union Pnclllc 2 21 . . . lu C. & N. W. Ry S F. , E. & M. V. K. R. . . " C. , St. P. . M. & 0 1 9 B. & M. R. R. R 1 SO C. , B. & Q. Ry 1 12 C. , R. I. & Pa. , cast. . . . 3 C. , R. I. & P. . west. . . . X 'H II Total receipts . . . .1 120 - - 10 The disposition of the day's receipts was as follows , each buyer purchasing the num ber of head Indicated : Buyers Cattlo. Hogs. Sheep. Omaha 'Packing Co 1.010 G. H. Hammond Co IG 1,101 Swift & Company - , ! Cudahy Packing Co % f"J-J S70 Armour .t Co 1 < I.--4 Omaha Packing Co fll R. Becker & Degnti " Armour , Sioux City 18t Other buyer ? 34 ' Totals 59 7,591 S70 CATTLE There were no fresh receipts of cattle today to spenk of. Not a single load of steers was reported on the ninrKet and only llvo loads of cows and belters. There were a few dds nnd ends of feeders and four loads direct to packers , which were not offered for sale. The few cattle on sale sold in about yesterday's notches and the market was without change of Im portance. The best cornfed steers have sold at about steady prices this week , and the demand has been good nnd the market ns a rule active on that kind. The offerings of really desirable cattle have been light , and only ono bunch was received during the week good enough to bring JG.OO. On the other hand , the market on the common to me dium kinds has been slow and the tendency has been lower , the loss for the week on that kind amounting to 10jn5c , some would say 105(20c. ( Shippers must bear In mind that common nnd half fat cattle sell very uneven , that Is , when ouyers Just happen to have use for a few they will pay pretty good prices , and again , cattle of the same kind will not bring nearly na much just because no ono happens to have n. place for Cows nnd heifers declined considerably during the last few days , and for the week It is safe to quote the market 15f25c lower. Even good heifers sold lower , but ns u matter of course the decline was the heavi est on the less desirable stuff. Canners have declined 25J74Dc on account of n change In the manner of selling. It has been cus tomary to sell the most of the common cannon * nt this point subject to Inspection liy the government officers nt the packing bouses. In case the carcass was condemned the shipper lost It. Under the new rule the stuff is sold on Its merits for what It Is supposed to be worth , and if the govern ment condemns it the buyer Is the loser. Stackers and feeders have been In nctlve demand nil the week , nnd ns the supply has been small the market bus gradually firmed up nnd at the close of the week It is as high as It ever wns , or higher. The country has scorned to want feeders re gardless of prlco and have paid extremely lilch prices. HOGS For the last day ot the week there was a largo run of hogs , but as ? It turned out there were not enough to fill all the orders and some of the buyers com plained that they did not get as muny as they wanted. The demand nt this point Bcems to be In excess of Iho receipts Just at present. The market opened 21,455c ? lower this morning under the Inlluenco of the lower advices from other soiling points. The trade was actlvo at thu decline noted , so that the hogs were all sold In good season. Toward the close , as It became apparent that there wore not hogs enough to go the rounds , at least no surplus , the market firmed up nnd closed a Ilttlo stronger than It opened. As to prices ? , pigs sold at J3.93. Some rough mixed loads , consisting of big heavy pacKers and small pigs sold at J4.2o. Some few rough mixed loads brought $1.30 ( n'A'ibut the yreal b ilk of all tne good loads "wont at J4.3J , as against J4.3.15r4.37'b yesterday. Some of the bettor loads sold lit J4.37 % , With a top ut JI.40. The top yesterday. It will bo remembered , was 54.45 ' . tie thi-ro h.ivo beoti up anil downs the f. < nf-ral tendency < f the hos market tint week has been higher and a considera ble advance has been scored. The week started out with an advance of 5j7'.ib and on Tuesday 12k-c was nut on. On Wednesday and Thursday the market re acted , there being a loss for the two days of a big 5c. On Friday the market boomed again , and though Micro was n plight l.ss on the last day of the week , the week closed with values 22' , < > o higher. The table i of nvewiio prices will show the average Cue tu.tiioii Irom day to dnv as well as comparisons with previous years. SHEEP There wan qultn a bunch of sheep driven In from noiir-by polntf , though no carloads wore reported received. Too market was In good Bhnpo and every- ihlrst changed hands early In the morning. A bunch of the J. J. Hurt yearlings , good stuff , sold somr days ago. were weighed uj < nt J4.C2V4 , and a bunch of fnlr wethers sold at Jl.52 % . Some pretty fair owes brought i'lio sheep market has been In sooJ slmpo f.ir the sellers this weok. ns the lepion-y ! ol values has been sleaditj iimv.iiuft. Tlie domain ! has been good , iud Ini buppiy moderate , so Mint it ImK been no trouble for receivers to keep the supply well 1 obonod up. In fact on most days of the week the pens were cleared nt n very early hour In the morning. The total ad- vnnco for the week i an safely nu placed nt 2Gl)30o. ) Some ycarllnen actually sold 3Jc higher than the tvimo kind brought the we < k before. Quotations : Good to cholco fed yearlings i , JI.SO'iM.W : good to choice wethers , JI.40fil.iS ; good to cholco fed owes , Jl.005i4.25 ; fnlr to good fed ewes. J3.605j3.90 ; good to choice native lambs , J3.GOf < 5.90 ; good to cllnlco fed , western lambs , J5.r > 0fi5.75 ( ; fair to good fed western Iambs , J5.00JJ5.IO ; feeder wethers 1 1 J3.755f3.90 : feeder yearlings , J4.005T4.25 : good lo choice feeder lambs , J4.25j4.GO : fnlr to gooil feeding lambs , Jl.00571.23 ; feeder owes , CIIICACO I.IVI3 STOCIC MARKET. Prli'i-H AvoriiKf Illnlier for I IK1Vik In ( ' ( illIf , lion * Slcmlj. CHICAGO , Jan. 6. With a sain of 8,5r ) head In the week's receipts prices averaged ' higher ; coed to choice , $3.35S .CO ; poor to medium , J4.i5J6.20 ( : mixed stackers. J3.00p 3.75 : selected feeders. Jl.205x-4.90 ; good ita cholco cows. J3.001H W : heifers. J3.50 T5.00 ; canners , J2.2-5573.00 : bulls J2.tK > fl.9S : calves , Jl OM7.50 ( ; fed Texns beeves , JI.10ZtO.20. HOGS Steady closing n shade stronger ; top J4.f Vi ; good clearance : mixed and butchers. JI.M2U.45 ; good lo choice heavy. jHMH.WV-j ; rough heavy , Jl.205i4.35 , light , II 205(4.42't ( , bulk of sales , J4.37M < I4.45 | SHEE'P ' AND LAMBS - Steady ; good l clearance , native wether * . $ UO&i.05i lambs , 4l.506fi.26 ; western wethers , 14-ZVfN-flii westI I ern Iambi ; . ( S.o ii.K. i I UUOKM'TS-ttittlo. V1 * ) bend ; hogs. 3C.OX ) , head ; sheep , 2.0(0 ( head. j KnnniiN ( ' ! ( > IH i'MooU. . KANSAS C1TV , Jan. fi.-OATTI.K-Re. oelpls , .WO bend ; supply lee light to make a mnrkfi and prices largely nominal ; heavy nntlvo steers , W.2VJJ6.16 ; lightweights , Jl.&olf 5.70 ; stockers nml feeders. JH.2o1l5.25 ; butchJ ers' cows nnd h < Mfer. , } .1.H > Ti4.60 ; dinners , Ji.50fi3.IO ; fed westerns , J4.0nflfi.40 ; western feeders , W.OW/l.nO ; Texnns , J3. > i/4.l5. HOC3S Receipts , 7,670 bond ; mnrkct trifle slow , averaging about steady ; average for week , about 12 > * c lower ; heavy and mixed , J4.a > 'i/l.42',4 / ' ; light. J4.2.1iil.l7'/4 ; ; I'lKS , J3.S35H.OO. SHKHP Receipts for week. 13,000 head ; demand for killing has exceeded supply , prlcis today ruling 15c higher than on the corresponding day last Week : lambs , J5.00W 15.75 ; muttons , ! 4. > fi4.75 ; stackers nnd feed- | > ers. J.1.00fH. ! > 0 ; bulls , Ji.OOftS.OO. j M. I.u u l.i I.Uintfk. . I ST. I.OUIfi. Jan. B. CATTLK-Rccelpts , l . " . ( X ) head , Including 200 head Texans ; market steady ; native shipping nnd export steers , J5.o05Ki.nO ; dressed beef and butchers' steers , I JIOMuUO ; steers under 1,000 Ibs. , J.1.25'jf6.S : stockers and feeders , J2.1if4.Vi > ( ; cows nnd heifers. J2.XHif ( .00 ; cnnners , 11.6083.01) ; bulls , J2.ClKii4.25 ; Texas nnd Indian sleerc , J.l.bO'iC I ' 4.S."i ; cows and heifers J2.755(3.75. ( 11OOS Recelpls o.tjOO head ; market SfflOc I I I J3.50Mti.10 ; culls and bucks , J2.2o5(3.2o. ( XIMV York. Iilvc Stock , N12W YORK , Jnn. fi.-HBHVlJS-Recelpts , II head ; very lllllo trading ; steady ; ex- IHII-IS , G < M head cattle. 130 head sheep and l.SOO quarters of beef. CALVKS-Recclpts , G2 bend ; very lllllo doing : veals , nominally steady ; common barnynrd calves , J3.25 ; car westerns unsold , SIIKIOP AND JjAMHS Receipts , 2,422 head ; steady ; sheep , poor lo fnlr , J2.505M.2o ; lambs , J8.CC5ifi.70 ; Canadian lambs , J6.50 ; CUllH , J4.OlKN.nO. HOGS Recelpls , B.fHB head ; halt a car on sale ; nominally sloady. St. Joxeiib l.lvc Stock. SOUTH ST. JOS13PH. Mo. . Jnn. 6-Spe- ( clal. ) The Journal quotes : CATTIjB Receipts , 200 head ; market nominal ; demand strong for all kinds. HOGS Receipts , 7.BOO head ; market easy to 5o lower ; all grades , JI.305T4.42V. , ; bulk of sales , Jl.32 , { i4.37'.4. SIl'KKl' Rece.pts , none ; demand strong ; 1552oc ] hleher for thu week. Sloik In Sltclit. Following are the receipts nt the four principal western markets for January 6 : Cattlo. Hogs. Sheep. South Omaha. 2KS 7.MO 1,610 Chicago -1,000 26,000 2,000 Kansas City 300 7,670 13,000 St. Iritis SW 5,600 100 Totals -i.SGS OMAHA < ; ii.\im.VI , MARKET. CoiiilKloii nf Trade and ( luolnUoim on Slniilo n n il Fancy 1'roiliiec. EGGS Receipts light ; fresh stock , 15c. DRESSED POULTRY Cholco to fancy turkcyp , lOc ; ducks , Sc ; geese , SOSVfcc ; spring chickens , 75J7' c ; hens , GViI(7c ( ; roosters , 4 Q5c.LIVE LIVE I'OUITRY Hens , Be ; spring chick ens ; 5'-fcc ; old and staggy roosters , 3c ; dinks. 6VSc ; geese , G',4c ; turkeys. 7c. RUTTER Common to fair , IGVic : choice , ! S5il9c ; separator , 2Gc ; gathered creamery , PIGEONS Live , per doz. , 75c. VEALS Choice , DC. GAME Ducks , mallards , J3.00J3.2o : blue wing teal , J1.75 ; green wing teal , J1.255T1.50 ; mixed ducks , J1.50S2.00. OYSTERS Medium , per can. ISc ; stand ard , per can , 22c ; bulk standard , per gnl. , 51.50 ; exlrn selecls , per can. 30c ; cxlra se- lecls. per gal. . tl.7fiSf2.00 ; New York counts , per can , 37c ; New York counts , per 100 , J1.25. HAY Upland , choice , JG.50 ; midland , choice , J6 ; lowland , choice , J5 ; rye straw , choice. J5.50 ; No. 3 corn , 27c ; No. 3 white oats , 22V4c ; cracked corn , per ton , J12 ; corn and oats , chopped , per ton , J12.BO ; bran , per ton , J13 ; shorts , per ton , J14. A'EGETABLES. NEW BEETS Per doz. bunches , 75c. RADISHES Per doz. bunches , 40c. LETTUCE Per doz. bunches , 40c ; fancy head lettuce , per bbl. , J5. SWEET POTATOES Per bbl. . Illinois , J3 : Jerseys , to ; large bbls. . Knnsas , J2.73. POTATOES Per bu. , choice , 3uQ40c. CABBAGE Per1 Ib. , l'4c ; Holland seed , CAULIFLOWER-Por. crate. J2.50. CRANBERRIES Bell and Bugle , per bbl. 0.75 : Jerseys , JG.25. ONIONS Retail 'way , yellow , G5c ; red , 75 < 8S5c. ' ' CELERY Per doz. , 25530c ; California , per bunch , 455f73c. TURNIPS-Rutnbagas. per Ib. , l4c ; Ca nadian , l"-ii9ic. MUSHROOMS Per Ib. box. 50c. TOMATOES Florida , per 6-basket crate , J4.505J5.00. FRUITS. APPLES Choice western shipping stock , J3.00U3 50 ; Now York stock. J3.755J4.00. GRAPES Catawbas , per small basket , ISc ; Malaga grapes , per bbl. , J7.005J9.00. TROPICAL FRUITS. ORANGES Mexican , per box , J3 : Cali fornia navels , per box , J3.50Jf3.75 ; California seedlings , per box , J2.75ji3.00. LEMONS-Cnllfornla fancy. $3.75 ; choice California , J3.50 ; Messina , J4. MISCELLANEOUS. H'ONEY Per 24-sectlon case , J3.23. NUTS Hickory nuts , large , per bu. , Jl ; shellbarkf , $1.2501.33. FIGS California layers , per 10-lb. box , Jl ; California carton , per 10-lb. box , J1.10 ; Imported figs , per lo. , 13c. DATES CO-11) . boxes , 55 } < > c per Ib. MAPLE SUGAR Per Ib. . 9c. HIDES. TALLOW ETC. HIDES No. 1 green hides , Sc ; No. 2 green hides , 7c ; No. 1 salted hides. 9V.-C ; No. 2 sailed hides , 8c ; No. 1 veal calf , 8 to 13 11)3. , 9c ; No. 2 veal calf. 12 lo 15 Ibs. , Sc. TALLOW. GREASE , ETC. Tallow. No. 1. 4c ; No. 2. 34c ; rough , 2c ; white grease , 241J3Wc ; yellow and brown grease , 253c. } Flutter , KISK nml Choose Miirkel. NEW YORK , Jan. G.-BUTTER-Strong ; western creamery , 255f30c ; factory , 17522c ; Juno creamery , 2l5f2 < c : Imitation creamery , 19fi2Gc ; state dairy , 20Q2Sc ; state creamery , . CHEESE Firm ; fall made fancy , small , 'iiTilSc ; fall made fancy , large , 12i(0'I3c ( ; largo late made , 12ffl2Vic ; small Into made , ll WlSc. EGGS Weak ; sluto and Pennsylvania , 2562Gc ; western , ungraded , nt mark , 16522c ; western , 2lfi25c ( , loss off. PHILADELPHIA. Jnn. C. BUTTER fl.'m ; fancy western creamery , ' "So ; fancy western prints , 30c. EGGS Dull , unchanged ; fresh nearby , 20c ; fresh western. 20c ; fresh southwestern , lc ! ) ; fresh southern , 18c. CHEESE Unchanged. ST. LOUIS , Jan. G. EGGS Steady nt H'.ic. IH'TTER Steady ; creamery , 14f2Sc ? ; dairy. 19f2.Ic. | CHICAGO , Jan. O.-BUTTER Firm ; creameries. 22ifj2flc ; dairies , 17S23c. EGOS Firm ; fresh , 3Je. KANSAS CITY. Mo. , Jan. G.-HUTTER- Crcamery. 225j25c ; dairy. 17c , , HOGS Firm ; fresli Missouri nnd Kansas slock , llrsts , 16c , cases rclurnod ; r.torage , 10f ( 12o. Liverpool CJrnln unil I'rovlnlniiM. LIVERPOOL , Jan. G. WHEAT-Spot , dull ; No. 1 California , fis 3d : No. 2 western winter. 6s Id : No. 1 northern spring , 6s Hid. , CORN Spot , quiet ; American mlxcil , ! new , 33 fiVjd ; American mixed , old. 3s 6l il ; 1 i future * steady ; January , 3s 5 ; d ; February , I 3s .Wd : March , 3s 6S.d. I PKA8 C'anuillan , 5s 5d. FLOUR St. I < ouls fancy winter , llrm , 7s. HOPS-At Ixindon , Paclllc coast , firm , 3 , PROVlSIONS-Hecf , steady : extra India mess , S2s Gd ; prime mess , 76s 3d. Pork , ' steady prime mess , western. 57s Gil. Hams , I nhorl cut. 14 10 1C Ibs. . firm , 43s. Hucon , i ' llrm ; ( "umbcrland cul , 23 to 30 Ibs. , 3:41 : fid ; ' : wliiirt ribs , 18 to 22 Ibs. , Us : long clcur mld- dies , llg-ht , 30 to 33 Ibs. , 3Gs Id ; long clear middles , heavy. 35 to 40 Ibs. , 34s ; short clear backs. Ifi to IS Ibs. . 3.1 * Cd ; clear bellies , 14 1 to 1C Ibft , 3Cs. Shoulders , square , 12 lo II I Ibs. . firm. 31s M. Lard , prime , western , In , i ilcnfH , dull , 30s : American rcllned , In palls , I i steady , 31s 9d. Tallow , firm : prime city , 1 2ti 9d : Australian , In Ixmdon , 27s. ni'TTKR Fliu-st United Slates , 95s ; good , ' ' i 'T'HEESE Firm ; American , finest white , 57 ; American , tlncft colored , 59s. Toll-do .Mnrkrl. TOLEDO , O. . Jnn. G.-WHEAT-Dull , lower ; No. 2 cash , GSlic ; May , 72io bid. CORN-Lower , steady : No. 2 mixed , S2c. OATS null , steady ; No. 2 mixed , 2c. | RYE NcKlected. ! SEEPS Clover , active , lower ; prime cash , I 1 old , $1. ! " ) asked ; January , new , $5.65 ; March , I $5.7214 bid. I I'l'iirln Alurl.t-t. I P1CORIA. Jan. G.-C'ORN Steady ; now , I itNo. . 2. 30c. ' OATS-KIrm : No. 3 while , 23iJ 23c. No 3 white oats , 2l4ffi2)C. WHISKY-Firm ut 11.23 % . on basis of linlshed goods. ' Ja'n. G.-'wHEAT-Duli MILWAl'KEE. - - ; No 1 northern. 66'te : No. 2 northern , Glc. RYU No 1. RSTifiS'iC BARLEY Weak , No. 2 , 13c ; sample , 26g > Cc. SUPREME COURT PROCEEDINGS LINCOLN. Jnn. 2-Court met pursuant to | law. J. M. Mohney was ndmltted to practice. Lincoln against Plrner. leave I o Idalntlff to file stlpplemontnl briefs. Lln- coin J ncnlnsl Lincoln Street Railway com- pan > . leave to George O. W. Farnhnm to file J briefs. Pager against Mend. Syming ton J against Keller. Wlllson against Gart ner ; , Hudson against Nile ? . Krlkscn itKnlnxl Anthony. Farr against Klngslcy , tJriiham ' iiBnlnst'l'-nrmero' ' and Merchants' Insurance company and Huff against Ilolne , dis missed. Hates against MeOuckln. order for substitution of parties. Mosennvi ngalnst State ex rel llench. Ailing ngalnst Fisher and i Missouri P.iclllc Railway company against i Fox , ndvameil , ( llenn asalnst Falsken 1 , illsmlssed. Horth agnln t Jochnck , Traynor amilnst Smllli. Stuart ngnlnst Hank of Stnplehurst , Stuart ngnlnst Jones Nntlonnl bank , Slnnrt ngalnst I'tlcn 1 bank , Sluart ncnlnst Holt , Stuarl ngalnst Italley 1 , Rube against Lacy , alllnned. Stnlo ex i rel Emerson ngalnst Dickinson , leave lo respondent i to file briefs In thirty days. January 3 , 1K ! > > . Stale ex rel Dickinson ngalnst i Scott , leave to IHc answer Craw ford i company against Hathaway , leave to Illo | reply briefs. Snyder ngnlnst Norrls , Lincoln ] Land company against Phelpi county , , Chamberlnln Itanklng company ngalnsl , Insurance compruilcs ( two cases ) , Lawtiui ngalnst Fonner , Kochcr ngalnst Cornell , lOdney against Ununi , Perrln against Hnnnn , Dryden ngnlnsl Parrotte , Hankers' Life association against Robblns , Llbby ngalnst Stale ex rel Davis , Stnto against German Savings bank , motions for rehearing overruled. Xlmmerer ngaliiMt Fremont National bank , mellon to strike briefs overruled. Realty against Mercan tile Trust company , suggestion of diminu tion nllowed ; dlsmlswd. Stnlcks ngalnst Crawford , motion to dismiss overruled. Harris ngnlnst Shirley , motion lo qnnsh bill of excepllons < Mitalnod ; afllrmed. Cul- ley ngalnst Hngermnn , mellon to dismiss petition In error overruled. Dartmouth Savings bank against Foley , dismissed un less appellant servo nnd flic briefs In twenty days. Pierce against Atwood , order to Illo additional supcrsedeas bond. Ilrown ngalnst Chicago , Rock Island & Paclllc Railway company , motion to quash bill of excel ) ! Ions overruled. January 4 , 1 00. Kennnrd ngalnst Stale , Court adjourned until January 23 , 1900 , when the following cases will bo called : Thompson ngalnst West. Ego ngalnst Mc Carthy. Klkhorn Valley lodge , No. 57 , In dependent Order of Odd Follows , ngalnst Hudson , Stephens against Flemy. Rogers against Marriott. Garretson agaln'st Ernst , Chamberlain Banking house ngnlnst Xti- tnvern. Ball against Beaumont. Krueger ngalnst Jenkins , Alfroo Manufacturing company against Grape , Chicago , Rock Is land & Pnclllc Railway company ngalnst Xcrnecko , Chicago , Rock Island & Pacific Railway company against Eaton , Upton against Belts , Swayne ngalnst Hill , Schmidt & Uro. company ngalnst Mahoney , Eastern Banking company against Seeley , \ \ elsh against State , Moseman against Stnto ex rel Hcncli , State against Standard Oil comimny. Supreme Court Opinions. Todd ngnlnst Houghton. Error from Lnn- caFter county. AIHrmed. Norval , J. This court ordinarily will not ro-examlnc question * of law presented and determined ° n a prior appeal of Iho same cause. .Miller against Neelcy. Error from Box Butte county. Anirmcd. Norval. J. 1. bvldence held sutllclent to sustain n de cree foreclosing a mechanic's lien. 2. In an error proceeding to review n de cree sustaining n mechanic's lien this court will not examine the record to ascertain whether the amount of recovery was exces sive , where the point was not raised in the trial court In the motion for a new trial. Kearney aganst Downing. Error from Buffalo county , Reversed. Norvnl , J. The council of a city of the second class having over 5,000 Inhabitants cannot law fully Incur expenses or enter Into con tract therefor , unless money has been previ ously appropriated for that purpose , or the expenditure has been previously sanctioned by a majority of the electors of the city. State against Murdoek. Error from Gage county. Affirmed. Harrison , C. J. A recognizance In R bastardy proceeding conditioned that the accused "shall bo and appear before the district court on the first day of the next term thereof and appear thereat from day to day to abide the order of the court" Is limited to the term nt which It exacts the appearance , n continuance of the cause to n subsequent term of court Is not within the contract of the recognizance and If made a non-appearance of the ac cused at the term to which the continuance carries the cause is not a breach of such recognizance. . Lty against Pilger. Error from Stnnlon county. AHlrmcd. Sullivan. J. 1. A summons In which an erroneous re turn day is inserted Is Irregular but not void. 2. In such case a defendant on whom such erroneous summons has been served should if he desire to take advantage of the de feat , move to quash the writ. 3. Whore a court obtains Jurisdiction of a party by the service of a defective summons the judgment rendered Is not void. 4. The right to correct an erroneous Judg ment arising from the service of defective process rests , In the llrst Instance , with the court out ofvhlch the process issued. Nebraska Savings , and Exchange Bank against Browfter. Error from Douglas county. Alllrmeri. Norval , J. 1. The points of law decided on a former appeal ordinarily cannot bo reviewed on n subsequent appeal. 2. The finding of a Jury on a question of fact will not be disturbed on review when i < ustnined by sufficient evidence. 3. It is not reversible error to refuse nn Instruction upon a point not Involved In : i case , or If In Issue It has been fully and fairly covered by the instructions given. 4. Argument of counsel based on matters not in evidence , will not bo reversed \ made in reply to similar argument of a.lverse counsel. Schlagck against Wldholm. Error from Pintle countv. Alllrmed. Norval , J. 1. Rulings of the trial court will not bo re viewed which are not assigned as error in the petition In error. 2. A Judgment will not bo entered on spe cial llndlngs of fact in opposition to u gen eral verdict unless such special llndlngs are Inconsistent with the Renoral llndlng . 3. A material alteration of a bond after its approval by a stranger to the Instrument without the consent of iho obligee or obligor will not release the latter. Chicago , Rock Island & Paclllc Railroad Company against Farwoll. Reversed. Er ror from Lancaster county. Norval , J. The view of the locus In quo by the Jury- Is evidence , and not merely belter to enable the Jury to construe and apply the evidence adduced In the court. Stale ex rel Waldron against Ramsey. Mandamus. Writ denied. Harrison , C. J. In an action of mandamus Itva * com plained that a trial judge had allowed a bill of exceptions and wrongfully Included matters of amendments and excluded other /things. / The bill as allowed had befn Died In an appeal to this court and had hccomn of ll records. Held , that the bill should have been tendered before Hied In Ibis court lo Ihe trial Judge for correction and i-ettlcment or after filing It should on lenvu obtained hnvo been withdrawn from the llluH and presented lo the trial Jtidgo for Ihe desired action and without thlr suit must fall. Slate ex rol Ilugble against Holmes , ilanilnmus. Writ denied. Hiirrison , C. J. I. Whore n petition to Intervene IH Hied without notice or application for leave to Illo or permission granted It Is proper nrnc- jtlco for the court to pass upon the right or propriety of the Intervention Immediately prior to or at the time a decision or Judg ment upon an ISHIIO In tlm cause. 2. If ruch action Is taken It may bar the applicant to Intervenu of the supcrsedeas of the main order or judgment In an ai- ( tempted or prospective appeal by him theiv.rom. ; ! . A petition of Intervention , the avowed purpose of which wns to object to the sale ' 'under ' order of the court by a receiver of ' an Insolvent bank of some assets remaining after former salon , examined and held not sutl'.olont ' under the circumstance * ) and con ditions as to the time made , etc. , lo effect an Inlrrvcntlon. I. Where an appeal undertaking Is changed Imforu Us approval by IniToustng thn amount of the penalty therein , without thn knowledge or coiiFonl of the surety thereon he Is released from liability If the approv ing olllccr had notice of suc-h alteration before - fore the. annrovril. G. It Is not reversible error to ri-fuso n plaintiff to amend his petlllon to conform lo iho proofs , where , had such amendment been made , the undisputed evidence would not have justified a verdict In his favor Gygor against Courtney. Error from Duuirlas county. Reversed. Sullivan. J. 1. A trustee of an express mint who wan restiuined with respect to mailers concern ing the irust estate miiy maintain an act Ion on the bond given In the Injunction suit In witch he is named as the obligee. i I. In nn action against Joint debtors the plaintiff , unless Iho court otherwise direct. may proceed against such of the defendants j ns have been nerved with process. 3. Where the hearing of an application for , a temporary Injunction has been unneces sarily postponed attorneys' fees necessarily Incurred In effecting a dissolution of a in- I straining order arp a proper clement of dum- age in cane it Is drtermlneil that the re straining order should not h.ivc been ; il- lov. i'd. I. A bond , voluntarily given , Is nut ren- iletwl void because of the fact that it IH sluiied by one surely when th order was that It bo executed by "sureties. " 5. The voluntary dismissal of un injunc tion suit by the plaintiff gives thede - fcndunt the right to maintain un aitlon on tht Injuni-ton bond ti. In the absence of evidence to the con- J trary It will be presumed that the delivery of n bond was unconditional. 7 In the absence of proof that a bond was delivered i In violation of nn express or Im plied i romlltlon the bond Is effective for the purpose 1 for when It was delivered. Parmelee ngnlnrt Schroeder. Appeal from I'HPS ' county. Dismissed. Sullivan. J. 1. In nn action of foreclosure the decree In prrsonnm does not become final until after the cnlo of the property nnd entry of Judgment for the dellclency. 2. In n foreclosure suit n defendant who Is adjudged liable for any dellclency remain ing after n sale of the property may file excepllons to thp npprnlscmont without for feiting his right to appeal from the llnnl judgment In the case. 3. A decree Is not limit If anything re- milns to e done by the court before It can l > ' cM-cuted. 4. An a'cal from n decree of foreclosure by a defendant who objects only to Iho entry of a dellclency Judgment against b'm Is premature If taken before the romlltlon of such tuditnic'.it. Nebraska Telephone Company against Jones. Error from Sarpy county. Reversed. Harrison. C. J. Whrro the evidence of the plaintiff In suit for damages for personal Injuries al leged to hnvo been Ihe result of negligence of n defendant conclusively established contributory negligence of the. plaintiff which was the Immediate cause of the In juries there can be no recovery and It Is error to lefuse u rcqilo-U Ir charge the Jury to rrturn a verdict for the defendant. Webster a .ilnst Hastings. Erroi from Kearney county. Reversed. Sullivan , .1- 1. The due nuthcnllcatlon and enrollment of a stnlulo affords only prlma facie evl- di lice of Its passage. 2. The legislative journals may be ex- amlned for the purpose of ascertaining whether a nn nsuro was enacted. In thom m uir procilbod > the constitution. 3. If the entries found In the legislative journals explicitly and unequivocally con tradict the evidence furnished by the enrolled - rolled bill the former will prevail. 4. The legislative Journal ? , kept In obedience to the command or the const Itu- Ilnn , are the best evidence of what alllrma- lively appears In them regarding the ennct- ment of n law. 5. The provision of section 11 , article 111 of the constitution that "no bill shall con tain more thnn one subject nnd the sniio shall bo clearly expressed In Its title. " Is intended to prevent surreptitious legiHa- tlon and forbids amcndntoiy legislation foreign to the subject of the original act and which will not bo embraced in the title thereof. G. Chapter xlv , Session Ixiws , 1SS5 , is void as amendatory legislation not covered by Ihe title of the original net. 7. A pending action for personal Injuries iloiM not abate by the Jcnth of Ihe plnln- btato 11 yiH list Homo Insurance Company. ' < . > i i or ftom Lancaster county. Reversed. 11'arrison , C. J. 1. It was provided In ilie coi.fctltutlon of ISiJ that "all fees lh.it may bo hen after , p ( . > nble by law for services performed by 1 an olllcer provided for in tM = article of the constitution , shall bo paid in advance Into the state treasury. " 2. This so modified section 33 , chapter xllll. Compiled Statutes ( General Statutes 1S73 , chapter xxxlll , Faction 32) ) , In relation to fees to be paid by insurancu companies to the state auditor for services to be per formed by him for .hem in to In effect prohibit the payment of the fees to him or their reception by him.iljoro against State , 63 Neb. , 8.11 ; State against Moore , 56 Neb. . S2. 3. The Insurance company npplled to the then state auditor to perform for II certain services In the Issuance of ecr'-llicates of authority to , tranract business In the stale and some other matters of the rcault union. of the law In regard to such companies and paid the fees to the auditor nnd Old not pay them nnd have not ; iild thorn Into the state ueasury. The payment to the auditor was wholly unauthorised and lid not bind the state nor did the money thus paid Into the auditor's hands belong to the state. I. The services" having been obtained and the fees not : > nld the company became I'nbln to the rtnte therefor and such liability can be enforced by suit. 5. A company whlnh h.is obtained Ilia per formance of Ihe services by the auditor In the Issuance of certificates of authority to do business In the state , also his atten tion to other things for whlcn they must apply to or call upon him , and has Ut'etl aim enjoyed the results nnd benefits of said mutters will not be heard to urge ngajnst Hit recovery by the state of the fees for such services which have not been paid into the stale treasury ; ; hat the certifi cates and documents ifsued to It by the auditor were void for the reason that the fees had not been nnlil In advance and where required by the c onstltutlon. G. The fees were paid to Eugene Moore , then ' state , auditor. Ho could and did not act'ns agent for the state In the reception of the fees. It way an act which was dis countenanced or forbl.l Ion bv the ranhtltu- _ _ _ _ _ _ _ _ _ 7. In a suit against the nunuor and the sureties on his oHlcal ! bond the state re covered a. Judgment for n Bum which was Inclusive of fees , the subject of the present HHfjatlon. In an error proceeding to this court on behnlf of the sureties the judg ment was reversed and It was decided that they were not liable , that the reception of the fees by Moore was not an Olllclal act and If It be conceded ( It IP not decided ) he became n bailee or trustee of the money for the company , the suit by the state against lilm cannot be treated ns an elec- tl.-u to 'onslder him as the debtor and to seek a. recovery .i"-nir t him to the exclu sion of any remedy against the company the ono prlmi'illy ' liable S. A .tati can o ! y act Uuough Its offi cers and they only In m.meis assigned lo tin-in bv l < tw or In anil r.bct which they r.r. ' authorized and t IIM ncred by law to nerform duties. fl.V > olllccr possessed powei or authority lo so 'let ns to ratify for the state tile re- rolving of the fees by the auditor. No one had iKuver to effect a ratification of an act which was Impllrdly ni least piohlblled by the constitution. KIIIIHIINiiliH mill Coinniriil. A C'oolldgo man lost $20 last week bet ting on the proposition that this Is leap year. i Troy claims to have enough former citizens ' zens 'now residents of St. Joseph to or- gunlzo a good-sized club. Emporla's pioneer school house Is bp- Ing demolished In order that a modern structure may be erected on Its site. George Whentley of Columbus announces bis candidacy for the republican congres sional nomination In the Third district. The State Temperance union , the Stnto Roard of Agriculture and the State Slock Hreeders' association all bold annual meet ings In Tope.ka next week. Smith Center has a health record to bo proud of. There has been but one death In tin- town In seven months and that was the death of n man who wont there sick. George AI. MiliiRer Is said lo have gained control of the populist Ptnto com- mltteo nnd his friends are almost count ing his nomination for governor In nd- vanc . Kansas holds Oklahoma warrants to Iho amount of $13,000 for Inking cnro. of ler- rltorlat convicts at the stale penitentiary. Oklahoma has no "pen" and keeps her bad men at LnriFlngr. The Knnsas senators and representa tives are. pulling together for large ap propriations for the Lcavonworth fort and thn old Boldlern' home. The nmountti asked for will come clone to half a million dollars. A Klngman man is going Into the goat business. He has purchased 1,200 , which he will plnco on a ranch near them and he tells the Leader-Courier that be ex pects to realize about IS per bend from them at shipping time. The deposits In thu Kansas banks nro now about $ M > .000,001. which Is between $10 and $50 per capita , not counting the money In pockets , bureau drawers and old stockings. Thus ban ( ho dream of the old farmer , " 1.11 per capller , " bcconio a I'.vlnc reality. nnd .tllHKoiirliiiix , Smallpox has mndo Its appearance In the negro settlements of Monroe county. Sprlnglleld Is In the fight for at least < me each of the democratic and republican state cor.vcr.tlons. Ilert Edwards of Kansas City owns a violin that WIIH mndo 1S8 years ago. Ho valuca it nt J500. Mary Jane Davis , an Inmate of Llvlng- Hlon counly's poorhouse , WUH burned to death a few days ago , West Plains people rose up In their might a few days ago nnd drove n mag netic hauler out of town. Oower secured n number of new busi ness houses nnd enterprises last year ayd It In reaching out for moro this year. Next year tuition in the ncademlc depart ment nf the Missouri State university will bo froe. Thin In a movement In the right I dlructlon. A Scdalla trapper ban collected 20,000 furs within thn last three monlhn In and around Hednlla. The local iiaiitrn don't claim that they arc all xealnklnx , however. John Welter uf Mnltland sold a load of . yearling cattle In Hi. Joseph last work i that avcrnced l.OOS poundx and tuppcM the market at W 30. The ii'oik-iii and moat effective cure for coiiHtljiution nnd nil liver troubles the fa moiin little plllu known as Uo\Vltt 'a Little Early JUuen. it.vmi.Yii.v IM.AIJ. i . . . . . | Mntt llelltMrn lie linn ttir llnr .slipVnvrd from llprVlndou. . The fine which Dnrbnm Frlctchlo waved from her widow In Frederick , Mil. . I * V- llovcd to bo In the posnesslbn of Conrnd Reno , a lawyer of Host on and a member of the loynl legion. He Is the oldest fen ol General Jesse L. Reno , who wns klllfd to the battln of South Mountain , September H 1S62. Two dnjB before that. It Is said , Dar- bara Frlctchlo gnvo thin ling In acncral Reno nml on the battlefield It was wrapped about his body. It Is believed by the owner to be the same flag which Ilnrbnrn swtint ? from her window. To a Now York Sun re porter Conrad Hone said : "Thla flag hns always been kept with my father's uniform and sword. It Is a small , cheap Hag. mndo of red , white and blue bunting- Colonel llenjaniln F. Hone of Mnrengo , la. , my uncle , was on my father's staff and was throughout the Mary land campaign during August and Septem ber , 1SG2. and passed through Frederick with father's corps , the Ninth , shortly bc- fore the battle of South Mountain. In a let ter received from my uncle lately he stated that as Iho union troops were passing through the town Ilarbaru Frlctchlo waved a , union flag from her window ; that when General Ucno rode up ho dismounted and shook i hands with her. There was a crowd near the house , chiefly union soldiers , nnd Iltirbara presented her ling to father. After his death my undo placed It on father' ! ) collln , sending It to Dos ton , where mother I ! then wns living. I "Whlttler's description of Rarbar.i I Frietchlo'a flag ns silk In accounted for by the ' fact that Whlttler received bis Informa tion i from Mrs , Southworlh , the author , who ' wns In Washington at the time of the ovcnt nnd received her Information from Samuel . Tyler. Mrs. Ann Shrlnor Rivers of Haiti- I more : . Mil- , stated In a letter published Bhorlly after Whlltlor's death that the week General Robert E. Leo spent In Frederick , Rnrbara kept her little Hag waving In the window nnd though tbo confederate army < lld not pass her house , many confederate soldiers did , anil 1 have always understood that when General Reno's division , Ihe advance - vance of Hurnsldo's corps , passed her house ho iooked nt her nnd said , 'The splrll of ' 7C. ' One of Ihe general's young orderlies j ' lies naked for Iho flag , which was given to him nnd by him to General Reno , whoso sad death a few hours after wo all remem ber. Mrs. Rives was personally acquainted with Harbara Frlctchlo nnd was the daugh ter of General Shrlner. She Is living In Baltimore. "Tho flag appears to have been made at home. U has seven red stripes , each about three and one-half Inches wide and six white stripes , each about three Inches wide. The blue corner Is two feet wide and four feet long nnd has thirty-four stars sewed on each side of the blue ground. The stars nro made of white cotton nnd each star has five points. This blue corner Is composed ot three stripes of blue bunting of different widths , sewed togelher. The Hag Is three foot and eight Inchon wldo And eight feet nnd nlno Inches long. The red and white stripes arc sewed together with white thread , In long stitches. The blue stripes nro sowed together with black thread. Un til recently Mr. Re'no did not appreciate the value of the flag. A letter from his undo drew his attention to It , Inquiring If he did not have Barbara Frlctchle's flag sent home with the body of General Reno. " Import * In 1801) . As shown by Customs statistics the Im ports In 1893 Oof G. H. Mumm's Extra Dry reached the enormous figure of 100,303 , cases , being 72 , 495 eases more than of any other brand a record unprecedented In the his tory of champagne. Ita 1895 vintage now Im ported has no equal. JOBBERS & MANUFACTURERS OF OMAHA DRY GOODS. Mi , Smith & GG. r tartrt ( rend JoktonoT Dry Goods , Furnishing Goods AND NOTION& BOILER AND SHEET IRON WORK Siiccfnnorn AVIInon .t Drake. Manufacture boilers , smoke stacks nnd brecchlngs , pressure , rendering , sheep dip , lard and water tanks , boiler tubes con stantly on hand , second band boilers bought and sold. Special and piompt attention to repairs In city or country. 19th nnd Plcrco. ELECTRICAL SUPPLIES. Electrical Supplies Bleotrlo Wiring Bells nnd Gaa Ltsrr. " a. W. JOHNSTON Mrr IH' " BOOTS-SHOES-RUBBERS , Sewed Shoe Go M'frs I Jobbers of Foot Wear WESIBIIN jniNTirnn Th Joseph Banii > an Bubbor Oo , T Orowini n4 macufucturtr * or all fomt ot Chicory Om b 'Ki mon .O-Ntl. | SAFE AND IRON vrORKS. 'he ' Omaha Safe and Iron Works , fi , ANUItKKiN , Prop. Makes aipcululty of - T * rTPI-7 KHUAPE8. JL1 JtJ3 hlHJTTK'lS. ' &nd llurnlor I'rnnf Hntn an I Vui ) t Doors , etc .IK ) fi. Mill S' . . Oiiinlin. Nell. RRPEHJIEYaCQ ioon4Hr urenixi ERAMCH loaatwt JAMES E- BOYD & CO , , Telephone Kl.'ti ) . Oninli.i , V. COMMISSION , ( iUAI.N. J'KOVISIONSaiul STOCKS IIOAItl ) UF TUADIO. Correspondence John A Wn/ren t Co. jjircct wires to Chicago and New York.