Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 08, 1900, Page 6, Image 6

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    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.