0
THE OMAHA DAIIi nEK: 310NDAT, MATTCIT 2. 1903.
MANY BILLS CANNOT PASS
Senate Work in Obaotio Bta'e Cannot Be
Cleared bj Wednerdaj.
CANAL AND TARIFF CERTAINLY DOOMED
Morgan 4"n ae Treaty. "t Wlfl
Xot, Flmnrr Blocks Insnlsr Law
lpptr Home Will Sit
Continuously.
WASHINGTON, March 1 The senate het
more thin enough work to keep It occu
pied during the remaining three days of
the session, and, do the beat It may. there
mill be much left undone when the pres
ident'! gavel falls at the clone of the flml
Ittlns.
The calendar at this late day Is quite
full, and there are many more bl.la In com
mitten than have been reported out. In
the present congress, like most others,
only about 10 or 12 per cent of the bill.
Introduced have become laws, while this
congress has beaten the record of billi
Introduced. Tuesday'a session will be con
tinued until noon Wednesday and the sen
ate will be In almost continuous session
day and night until then.
apnly nilla Seem nre.
Of the supply bills, the sundry civil,
postofllee and-navil appropriation bills or:
till In' the hands of conference commit
tees, but there are nd points in dispute
which are likely to be difficult of adjust
ment. The general deficiency bill Is the
only one, of the appreprlatl n bills thai
has not paused the senate, and It will be
pasted some time tomorrow.
Aside from the appropriation bills and
conference reports preference will b given
to the Aldrlch bond depctlt bill. Senator
Aldrlch expressed confidence thit It will
pass during Monday, but some of the dem
ocratic senators tay such speedy passage
is out of the question, and contend that if .
Its passage shall be delayed beyond the
day It cannot be got through the house.
. There Is also great anxiety to get action
on the Thillpplne tariff bill, and while there
Is also opposition to this measure, It !s
intimated" that antagonism might case In
the case of cessation of efforts to rass the
bond deposit bill. Senator Aldrlch. how
ever. Is not .disposed to yield to this kind
ef argument. It therefore seems that the
greater part of the day tomorrow will be
devoted to the Aldrlch bill and to appro
priations.. A number of democratic rel
ators are scheduled for speeches on thi
Aldrlch bill and In all probability the con
sideration ot the measure will run well
Into the night.
There will be a determined effort to get
the Philippine bill in shape to send to the
president before the final dissolution 'of
congress on Wednesday, but this as Inti
mated above, inay depend on the fate of
the financial measures. All senators und r
stand that at this time tn the session any
one or two of their number can prevent
the passage of any Individual meisure.
A final attempt will' be made to press the
Panama canal treaty to a conclusion in th
hope that Senator Morgan may relent and
allow It to be ratified rather than force an
extra session of the senate. His friends
say, towever, that he has no such Intention
nd they add that he Is willing to accept
the full responsibility for a called session.
No Hope -of Avoiding; Extra Session.
Senators generally, therefore, have given
up all hope of avoiding the extra session
and now are concerned principally as to
the time It will begin and the length ot
time It will occupy! Some of them ere ad
vising the president not to ask the body to
reassemble before Monday, March 9, while
Senator Aldrlch Is urging that the call be
Issued for the Oth, the day after the dis
solution of the present congress.
The principal If .not the only duty of the
extra session will be the consideration of
the Panama treaty and the Cuban recipro
city treaty,, but the senate may, if It so de
sires, take up the question of the reorganl
ration of committees. No disposition to
ward this step has yet manifested Itself and
It does not' now seem probable,
On the Brat' day of the new session the
Lew senators will be sworn In. Amnnr
Amnnr '
those who will take the oath of office will !
be Mr. S moot of Utah, aanlnst whom, on 1
account of his connection with the Mor- I
raon church and his alleged adherence to
Its tenets, old and new. a number of nr..-
tests have been nied. These protests do not
constitute' proof, and as' Mr. Smoot'a cre
dentials are entirely regular, he will be al-
lowed to take' his seat, and tJe investlga-
lion. II one is maae, will be postponed
until the regular session of congress begins
In December next. If tnere should be ob
jection to Mr.' Smoot taking his seat the
ceremony under the rules of the senat ),
might be postponed for a day. It la Intl-
mated that there may be . some discussion
of his case' during the extra session, but if
ao it would precede' alt' committee action
and would come up either as a question ot
privilege or In connection with some other
question. .
HOUSE POSITION HOPELESS
Democratic ' Filibuster Dooms Moat
Pending- Legislation to Ia
- - aosnloaa Death.
WASHINGTON, March i. The democrats
of the house have decided to prosecute tbel'r
filibuster until congress expires by limits,
tlon at noon on Wednesday, and the three
remaining days, therefore, promise to be
largely repetitions' of the three that have
Just passed. - ,
But it Is believed there Is ample time to
get through Ihe conference reports on tho
remaining five appropriation Mils. There
is slim chance for much beyond so tar .as
the house Is 'concerned.
'Twenty-seven b!lls with senrte amend
ments are on the speaker's table. One or
two of ' these may get through, but the
great majority are doomed to die where
they are. The one bill in which th repub
lican leaders are particularly interested is
the Aldrlch financial bill, and It It comes
over from the senate a way will bi found,
probably through a special rule, to secure
action on It, although the actlcn of tho
committee on banking and currency today
in reporting a new Fowler financial bill
complicates matters. Mr. Fowler and his
friends are determined, it Is said, to push
this 'measure to the exclusion of the Al
drlch bill. Still the complications arising
out ot the fact this hostile committee has
jurisdiction over the subject can be over
come by a rule. It Is believed that the
Immigration bill, which passed the senate
yesterday tn amended form, will also be
acted upon.
One of tha things which gives the repub
lican leadera grave consideration In these
closing hours of the session Is the weak
ness of the position of the house conferees
on the appropriation bills. With the pres
ent tleup the house conferees cannot go
back for Instructions without a complete
agreement except at the price of great risk
ot delsy. The senate conferees have not
been slow to take advantage of this situa
tion, and, believing that the house Is at
thtlr mercy, are Insisting on propositions
which the house confereee say they would
be forced to abandon if the bouts could be
appealed to to uphold their hands.
Devlin Pashes Irlah League.
CLEVELAND. March I. Joreph Devlin,
M. P.. addressed 1,500 sympathisers with
tha Irish fight for home rule In the Lyceum
theater tonight. Seven hundred, dollars
were raised to further the work of the
Parliamentary members. Mr. Devlin apeak
in St. Louis tomorrow night.
Devlin has been In this country several
months and has Ins.ltutrd 300 branches of
the United Irish league. Already I80.0i.ia
of a fioo.fjoo fund promised from the United
Stairs, has been raised. With Mr. Devlin
Is Jchn Mitchell, a graidson of the Irish
pitrlot of the same name.
ACCUSES QUEBEC MINISTERS
Former Attorney general Will
Why (laynor and fireena
Were Aided.
Aak
QUEBEC. Merch I. The successful fight
made by Colonel Gaynor and Captain
Greene agilnsl extradition proceedings In
stituted last summer by the State depart,
ment at Washington will be the subject of
an Interpellation In the provincial legisla
ture. L. H. Pcllltler, former attorney general,
has given notice that on Monday he will
ask the following questions:
Has the assistance given by the pro
vincial police tn Messrs. Gaynor and
Greene, fugitives from Justice In the l'nlte.1
States, been so given with the knowledge
and consent of the government?
Who represented the government and
more particularly the' attorney general s
department In the extradition proceedings
with respect to Messrs. Greene and Gay
nor? When Greene and Qaynor were arrested
la3t summer fnder senistlonal circum
stances and hurried down to Montreal on
board a tugboat by Chief Detective Car
penter and Vnlted States secret service
men. counsel for the fugitives gave chasn
In a special train and made an unsuccess
ful attempt to lutercept the tug. Legal
proceedings enrued at Montreal and Gay
nor and Gre ;ie finally were brought back
to Quebec and released. During all the
preceedlngs counsel for the fugitives were
accompanied by provincial constables, who
are under control of the attorney general's
department.
There was a feeling at the time that the
loc,, ni provncBi authorities were not
doing all In their power to assist the rep
resentative of the 8tate department.
SHIPS DARE NOT FACE STORM
Kind Atlantic llnrrlenne Too Mneli
nd So Retnrn to Queens
town. LONDON, March 1. The gale was re
newed over the British Isles on Saturday
night and continued t"day, but with less
violence. Vessels are still taking refuge
In the ports, arriving battered by the
storm. Others have gone ashore.
A quantity of wreckage has been seen oft
the coast of Northumberland and the Indi
cations point to the wreck of the British
ship Cambrian Prince.
Later news from the south of Ireland
says that the gale was exceedingly fierce.
Many storm-beaten vessels have taken
shelter It. Cork harbor. The British steamer
Pharsalla went through a terrible experi
ence. It left Boston on January 30, for
Lelth, calling at St. John. N. B. The hur
ricane struck it on February 24 and the
heavy seas flooded the ho'd, d imaged its
cargo, smashed the brllge and almost all
the deck fittings, stove in the bows and
swept the binnacle overboard. The cap
tain's ribs were broken and several of the
crew injured. Pharsalla waa obliged to put
into Queenstotsn.
The British steamer Cebranla, for Bos
ton, also put back to Queenstown after
being seventeen days at sea. -. It only got
TOO miles west of Ireland and experienced
repeated hurricanes. Tho, decks were swept
of everything moveable n1 the boaU dam
aged. The captain thought the steamer
Vould never weather the storm.
V0LCANA FILLS CHURCHES
Worshipers Pray When Monnt Col
onia Contlnnea Belchlua;
Lava and Ashes.
GUADALAJARA, Mex. March 1 The rain
of ashes from Mount Coloma still continues.
Many plantations situated in the r(ch val
iu me . eaaiwaru . oi ids. toicido nave
ben completely devastated. The slate col
ored powder covers the ground tb a -depth
of eeveral Inches.' , Lava is pouring down
the eastern slope ot the mountain., Na
i tlves are terror-sf icken by the ; terrific
earthquake shocks.
'The seismic disturbances siiow no indi
cation' of decreasing In violence. The
j "hocks occur at Intervals throughout the
i everyone is. camping, uui . oi aoors,
A pall of smoke that hangs close to the
earth and Is almost stifling' covers the
country tor fifty miles around the volcano.
j The light -of the sun Is shut out and' lighted
lamps are required throughout the day.
! The cathedrals ere crowded with worship-
era day and night. ,
Henry Eakcll, an American, in charge of
a' construction camp on the Tuxpen ex
tension of the Mexican Central, reached
here today. He was at Zapotlan, situated
only five miles from the volcano,, when
the eruptions began several days ago. He
says rcrorts had reached Zapotlan before
be left there of the destruction of many
buildings . In Tonlta, Santa . Maria, Canada,
Autlan and Naranja by 'earthquake shocks.
ROOSEVELT BOOSTS LAND ACT
Says He Looks with Pleasure to A p
proarhlag Esi of leeland'a
Troubles.
LONDON. March 1. Captain Shawe-Tay-lor,
secretary ot the Dublin landlords' and
tenants' conference, who has Just returned
from a visit, to the Vnlted States, describ
ing this visit tonight, said:
President Roosevelt, who is himself half
an Irishman and extremely proud of It. re
ceived me most cordially. I believe there
is nobody in the Cnlted States more
anxlou.4 than he for Ireland's welfare.
Referring to the Dublin conference Mr.
Roosevelt said: "I am not speaking, now
as a politician when 1 say that. In com
pany with the whole civilised world. I
heartily welcome the prospect of a final
settlement of the Irish Knd question.
Captain Shawe-Taylor concluded the In
terview by saying that during his visit to
the United State be met Irishmen of all
shades and degrees of political oflnlon,
and he added:
1 have the highest possible authority ' for
making the rollowing statement:
A final settlement of the la nit question by
removing the barrier now existing between
Ireland unit England will greatly Improve
the relations between the United States and
Knaiaml. and will also link Canada closer
to the British empire.
Temporlsea with Gold Bfla.
LONDON, March I. The Times corre
spondent at Shanghai telegraphs that the
sreelal mission to the National Industrial
exhibition at Osake. Japan, headed by
Plince Tsal Chen, have been ordered to
Inquire into and report upon questions of
establishment of gold standard la China
on the Japanese model. The proposal is
regarded as merely a temporising expedi
ent, adds the correspondent, and a pretext
for Inaction In the Indemnity question.
Trala to Cross Siberia
ST.
PETERSBURG. March 1. The first
express train by r Eastern China
Trans-slbertan railroad left Port Arthur on
Friday for Lake Baikal.
Mexico Will Adopt Gold Staadard.
MEXICO CITY. March 1. There Is grow
lag belief here that before tha and of the
year the country will have adopted prac-
tlcally a gold bads with modifications lo
..... . , ,. v- ., . n.......
suit locsl needs.
The continued fluctua
tlor.
of silver affect trade and are now j
being felt In dry goods estimates.
Marltorot!Bhft Duehess Deaf.
VIENNA, March 1. The duchess
of
Marlborough, accompanied by Lady Karat
Churchill, arrived here tonight for a stay
of alx weeks. She will take a further
course of treatment frcm Dr. Mueller for
deafness arising from catarrh, from which
she Is suffering.
Klnplaa- Prlneeaa Visits Mother.
VIENNA, 'March 1. The former crown
princess of Saxony has arrived at Llndau,
which Is situated on en Island In Lake ,
will stay at her mother's chateau for Hie
birth of her child.
Triangular Fltfht In Chill.
BANTIAOO DE CHILI, March 1 The
general elections were held tcdiy. There
were three candidates for eich seat. Great
enthusiasm of an orderly character waa
displayed. The results are not yet to
hand.
Prised Chinese Rifles.
SHANGHAI, March 1 The authorities
here have seized hundreds of rifles and
large stores . of ammunition In Chinese
warehouses.
SEEK TEXAS LANDS BY FORCE
Organised Bands of Armed Men Pro.
pose to Present C'lnlma nt
RevolTer'a Point.
AUSTIN, Tex.. March 1. The slate au
thorities have been advised that bloodshed
Is threatened in a number of woet Texas
cities by an organized band of land-grabbers
who have sent their armed men to the dif
ferent county seats. These men are to rush
the county clerks when land leases expire
and file on the claims.
'About 300,000 acres of state lands will
come on the market through expiration of
leased within the next few days. In order
to avoid bloodshed the governor has in
structed the land commissioner to with
hold the sale of these lands until a change
can be made In the law as to the manner
of filing upon them.
PENNSLYVANIA TRAINS CRASH
Frelithts Come Together Near F.lnin
and Hobo Is Fatally
' Injured.
BUFFALO, March 1. A serious freight
wreck occurred on the Pennsylvania road
near Elma today. Three men were Injured
and one will probably die.
Two freight trains, both running north,
were In the collision. The first train stop
ped in the ysrd to do some switching. The
second, which was not scheduled to stop at
Elma, crashed Into the rear of . the stand
ing treln.
An unknown man, who apparently was
stealing a ride, was fatally Injured. James
Seagraves, conductor, and Robert Cbad
wlck, engineer, were badly hurt and brought
to Buffalo for treatment.- , ,'' ' . ' "'"
ORDERS FOR B0GUS FACTORY
Boston Crook Swindles Leather and
Machinery Oenlera Out of
Plant and Supplies.
BOSTON. March 1. Edwin C. Everett, ar
rested under the name of Emory C. Davis,
confessed "today to having swindled leather
and machinery dealers out of over $20,000
worth of supplies for a plant In Port Henry,
Jf. Y., and to having negotiated for the
shipment of boilers, machinery and en
gines to ne used in a plant in Maiden, Mass!
When arrested Everett had a massive
Odd Fellows charm attached to his watch
chain and carried a letter of introduction
purporting to be from a high official of
that order.'' Th letter, he acl'nowledged
today, was forged.
EARTH BAP TRAIN'S PATH
Alton Avalanche Brings St. Loots
Express to Temporary
Fnll Stop.
ALTON, 111., March 1. As the Chicago,
Peoria ft St. Louis southbound passenger
train was passing a bluff near Clifton Ter
race at forty miles an hour tonight an
avalanche of earth came rolling down and
stopped Its passage.
The engine was derailed and the train
was delsyed five hours. The passengers
were ehaken up, but not hurt.
MAY STOP MUNCIE BUILDING
Workmen In AM Branches Told to
Strike In Aid of Carpent
ers' Demands.
MUNCIE. Ind., March TZie Building
Trades council tcnlght ordered a strike of
all carpenters, plasterers, tinners, lathers.
f lectrlclans, painters, stonecutters and
building laborers in Muncle.
It Is the result of the contractors' refusal
to grant the carpenters' demand of an In
crease from 30 to 40 cents an hour.
PRELATE WILL GET WELL
CUhop Stephen Merrill Is Kow
Reported to Re Out of
Danger.
CHICAGO, March 1. Bishop Stephen M.
Merrill, who has been seriously sick with
penumonia at Wesley' hospital for two
weeks, was reported tonight as being out of
danger.
Wall Paprr Scorched.
8am Newman's wulluaner shon at 119
North Twelfth street waa damaged by fire
at about 11 o'clock last night, the blase
originating just Inside or a rear window.
The building, which Is owned by Annla
Wilson, was damaged to the extent of about
but a conulderable part of the xtock of
wallpapr waa more or less wet. The loss
cannot be ascertained until the rolls have
been examined, but It may reach to tlM.
Newman carried tiuO insurance. M. Kulu
kofitky and family live In the rooms over
the shop, Lut suffered no damage.
supremeTcourt syllabi.
12547. Joslln against Williams. Appeal
from Douglas. Former Judgment adhered
to. Pound, t'., division No. 3. I'nreported.
I. The mortgagee ot a homestead is not
entitled to a receiver as anainst the widow
of the mortgagor to whom the property has
oasaea unner seciion if, cnapter xxxvt,
Compiled Statutes.
12548. State ex rel Lee Douglas against
Aitsiaai. trror irom uougias. Affirmed.
Oldham. C division No. 2. L'nreDorted.
1. Alleged errors of a trial court In the
admission anil exclusion or testimony run
only be reviewed In this court when thev
have first been culled to the attention of
tne trim court dv a motion lor a new trial
13S55. Shull against Heat. F.rror from
Hurt. Reversed, tiurnes, I ., division No,
t. Unreported
1. One who furnishes material under con.
tract to a person In possession of a tract
of land with which to erect a house or
other building theieon. In case such person
does r.ot become the owner of the prem
ises, may have a mechanic's Hen on such
building separate from the land on which
It Is situated.
S. A Judgment or decree establishing
such Hen on the building alone separate
from the real estate, and ordering It sold
to satisfy the lien, iiecoaui'lly abjudicates
the question of the natjre of the Improve
ment and In effect decrees It to be personal
properly.
&. One purchasing the building at
snenrrs sale unaer sucn aecrte. unon a
conltrmaUun vt the sale ottalna UUa thereto
re
h
premises, soil In rase ne cannot ontllli
possession of It otherwise It not appearing
te lie occupied us a lamlly iiweiung, ne
mav mHlniMlii replevin therefor. Uater
BBelnst Kf uber, IK Neb., W. McDanlel
ug.ilnst l.lpp, 44 Neb.. Tin.
4. Alter tne confirmation of the sale,
Z Vfen Ian" therein who prhased the
material ami erected the building, cannot,
by purchHslng the land, prevent the re
moval thereof.
12567. Sheel against Lackner. Error from
Jefferson. Affirmed. Karnes. C, dlvMon
No. !. I'nreported.
1. The homestead of a debtor to the ex
tent and value of t2,on0 la not the subject
of fraudulent alienation.
2. The debtor may Invest the proceeds
of such homestead In other land at any
time within six months after the alienation
thereof, or niny exchange It for other land.
' if ,i - V. ..lit .u Anllfled tn hold Mtieh
land' to the amount of W.OnO free and clear
of his debts.
12672. Cole against Adams company. Error
from Adams. AfTlrmed. Albert, C, divi
sion No. 3. Unreported.
Errors required to be assigned In a
motion for a ne. trial will He deemed
waived unless the ruling on such motion
Is assigned an error In this court.
12575. Jensen npalnk. Htelber. Frror from
Lancaiiter. Affirmed. Oldham, C, division
No. 2. Unreported.
1. When the court In one paragraph of
Its Instructions correctly states .rule of
evidence, It Is not erroneous to refer to the
rule in apt terms in instructions Immedi
ately following, without repeating the rule
In each of the Instructions.
2. Action of the trial court In admitting
evldehce examined and held proper. ,
12T.HO. Stix'kfr against Coddlngton. Ap
peal from Nemaha. Affirmed. Ames, C,
division No. 3. Unreported.
1. Inferences of fact drawn by a trial
court without a Jury will not be dlsturbeu
by this court unless clearly wrong.
12593. Stocker against Nemaha county.
Error from Nemaha. Affirmed. Loblngler,
C, division No. 1. Unreported.
1 A county Is not liable to land owners
for Injuries caused by the discharge of
surface water from ditches constructed by
the county authorities diverting such water
from Its naturul course.
No 12:120. Miles annlnst Ballnntlne. Error
from Frontier. Arl!rrred Barnes, C, di
vision No. 2. Unreported.
1 An application ior a continuance Is ad
dressed to the sound discretion of the trial
court, and unless It appears that there has
been an abuse of such discretion Its ruling
will not be disturbed.
" where, by tne ruies oi mr mm i-uun,
It is provided that applications for con
tinuances must be filed on or before the
first day of the term, and where it ap
pears that such application Is not filed until
the cause Is called for trial, and in the ap
plication Itself It Is not shown that the ap
plicant has used reasonable diligence to
procure cojnsel and obtain the testimony
of witnesses whose evidence he alleges Is
necessarv to enable him to proceed to trial.
It Is no sbuse of discretion to overrule the
application. ,
3. Where the claim or demand Involved in
a suit Is identical with the claim or demand
in a former action, and the parties to both
suits are practically the eame. the Judg
ment In the former action constitute an ab
solute bar to the prosecution of the latter.
4. With the exception that parties are en
titled to two trials In ejectment suits, the
Judgment In such actions are as conclusive
In- any other. Bryant against Estabrook, 16
Neb. ,'217. . ,. .
5. Held, that an Instruction tiy which the
Jury was told that the Judgment in a
former suit, which was Introduced In evi
dence, was binding upon the plaintiffs, and
was a bar to their prosecution of this suit,
waa properly given.
6. The court having jurisdiction of the
parties and the subject matter in a former
action, the Judgment therein is conclusive
and Is not subject to collateral attack when
introduced in another proceeding Involving
the same matters between the same parties,
and evidence offered for the purpose of Im
peaching its validity waa properly excluded.
7. Evidence examined and held that the
amount of the verdict for rents and profits
of the real estate in question are not ex
cessive. No. 11MS1. Morgan against State. Error
from' Red Willow county. Affirmed. Kirk
patrlck, C division No. 1. Unreported.
1. in a proceeding unner ciwpur avh.
Compiled Statutes, Nebraska, the record of
tho J istlee of the peace Terore whom the
preliminary examination was had, showing
that the examination was regularly had
and completed. Is conclusive upon the ques
tion. ' .. ..
2. In a proceeding under chapter .xxxvll,
Complied Statutes, Nebraska, the testi
mony glvn by the complaining witness' at
the preliminary examination Is not original
evidence, but may l be introduced for the
purpose of confirming or impeaching the
testimony of tho complaining witness at the
trial; but. as I he "order of proof Is largely
within the discretion of the trial court,
held, not prejudicial error to admit In evi
dence a trai.scrlpt of such testimony before
the direct examination of 'the complaining
witness. '
;. if a transcript of the proceeding had
before a Justice of the peace is Incorrect,
the district court will, upon motion.- require
a corrected transcript to be supplied, and
It Is not error to deny an offer to place In
evidence the original docket of the Justice,
the partv making the offer having prevl
ouslv, upon objection, procured -the ex
clusion. of a transcript of such, proceedings.
4. An Issue vegardlng which there Is no
competent evidence is properly witnarawn
from tne jury . .- , .
R. It Is not error to refuse an Instruction
requested when Instructions already given
substantially cover tne same grouno-.
6. Certain instructions examined ana neiu
not improperly givon. .
7. A .Judgment rendered in a proceeding
under chapter xxxvll, Compiled Statutes, is
not void because It falls In express terms to
provide Jot the defendant glvtng security
for the payment- of the Hums adjudged
against him and thereby securing his
liberty.
12582. Lehmer against Horton. Appeal
from Douglaa. Reversed, with Instructions.
L,oblngler, C. Ulvlslon o. l.
One who furnishes, under a running ac
count with the common owner of a group
of exposition buildings, materials for use
In the Illuminating equipment thereof Is
entitled to a Hen on such buildings, where
they are maintained for a common pur
Dose, though they, are not all situated on
contiguous lots and though the claimant i
not able to snow wnat portions were useu
In a particular building. .
I. lty . oi souin umana against
Tlghe. Error from Douglas. Affirmed.
Hasting. C. Division No. 1.
l. A uetltion siKiied as required oy stat
ute Is a necessary prerequisite to the as
sessment of the coe' of grading city street
upon the abutting pioperty.
i. evidence tnai ine petitioners nave no
title of record to the uremtses described' In
the petition will support a finding that the
petitions were unautnorisea ana insum
cient where the only evidence of owner
ship Is the recitals of the petitions them
selves. 125H5. Slckl'r against Mannlx. Error
from Buffalo. Affirmed. Duffle, C. Divi
sion No. 3.
1. Petition for alienating the affections
of a husband examined and held sufficient.
2. A judament record cannot be uxed In
favor of a stranger to establish facts re
cited In the judgment unless such finding
a based on an admission made oy tne
party against whom it la sought to be
usew .
16.15. Matoushek against Dutcher & Son.
Error from bjyd. Affirmed. Barnes, C.
Division No. 2.
1. Where a new trial Is asked for on the
ground of misconduct of the Jury the find
ing of the trial cuurt on that' question,
based on conflicting evidence, will not be
disturbed by a court of review.
1. A motion for a new trial on tne grounds
of accident or surprise Is. addressed to the
sound discretion of the trir.i court, and
where It in shown that the facts on which
such claim Is based were known during
the trial, and It Ik not shown tnat an effort
was made to n.eet these condition, it can
not be said that there was an abuse of dis
cretion In overruling the motion.
a. To entitle a uarty to a new trial on tne
ground of newly discovered evidence it Is
not enough that the evidence is material
and not cumulative, but it must further ap
pear that the applicant for a new trial
could not have discovered and produced
such evidence at the trial, and where the
evidence la merely cumulative the failure
or inability to produce it 1 not a ground
for a new trial.
4. Where a party, while oil the wltnnea
stand, properly Identifies a series of scale
or weigh checks as having been executed
and delivered to himself, or some one au
thorised bv him to do so. tney may be in
troduced in evidence by the opposite party
to rebut his testimony wkhout further
Identification.
0. Held, that-the amount of the verdict
In this case waa amply auatained by the
evidence.
127. Bartllng against State. Error from
Cheyenne. .Affirmed. Oldham, C. Division
No. 2.
1. Heselgrave v. State of Neb.. 89 N. W.
Rep., and Slate v. Murdock. 5 Neb.,
5-'l. exa mined, approved and distinguished.
t. The conditions of a recognisance for
the appearance of one accused of a crim
inal offense are not invalidated by the
failure of the term of court at which he
a required to appear on account of an
adjournment or continuance of such tel.n.
. In such case the liability of the surety
on the recognisance is extended to the
next term of court actually held aa though
no adjournment or continuance had been
had.
4. The conditions imposed upon a surety
on a recognisance by the provisions of sec
iinni ... nhantor xlx. ComDlied Stat
utes, examined, and bald reasonable and
as between the parties to the foreclosur
land the rlsht to remove it from tn
DluOlux.
OMAHA LIVE STOCK MARKET
Beef Steer; Oust "About Bteadj foi the Week
and Good Cows Rtronger.
HOG MARKET HAS BEEN GOING DOWNWARD
gtrlrtly C'holee Sheep Nearly Steady
for Week, but Half Fat Klnda Ten
to a Uoarler Loner Feeders
AetlTe and Steady.
SOUTH OMAHA. Feb. 2S.
Receipts were:
Otticlal Monday....
Official Tuesday
Official Wednesday
Otticlal Thursday .
Otiiclal Friday ....
Official Saturday .
Cattle. Hogs. Sheep.
,. 4.617 d.i5S 4.514
12.4W)
D.357
5,&7
.4.
10,2.12
7.1M
2,(W5
l.bK!
.. 4.257
.. 3.772
.. 2.1o2
.. 458
..20.4l
Total this week 20.4l 63,651 31,ft
Week ending Feb. 21....1.i7 f.2'J6 Ki'.SW
Week ending Feb. 14....1S.21H 5d,im4 2ti,M3
Week ending Feb. 7 IV.M'1 3.! 2B.3W
Wee a ending Jan. 31. ...lit. 750 6u,zW 2o.ts
Hmne. week iaxl vear 13.2tit 47,i.U 14.9nl
Total this montn 76.552
Total February, lwri 6I.4
2O3.M0 112.52
243.41 71.5i2
Total Fehrtiwrv. l!Sll 51.bi'i llf-v671
W,lh4
Total February l!mu 4H.572 m70S 113.4-11
Total February. !li 43.m 15i,U'. M.jSi
Total February, lti 60.141 1J4.W2
Total February, lff7 47,13s 112,21
Total February, ims 33.305 7'J.i2
Total February, 1!W6 32,305 115,641)
1U3.512
51.04!)
13,24
12,554
RECEIPTS FOR TilE YEAR TO DATE.
The following table shows the receipts of
cattle, hogs and sheep al Bouth Omaha
for the year to date, wlih comparisons with
last year. lAt. 1. inc. Dec.
Cattle 152.B40 13o,31t 17,221 .....
Hugs 401. 2tW 4.4.320 73,063
bheep 21l).31 ia,447 84,24 .....
.-w. mac price paid lor hogs t South
Omaha ior the last several uays with com
parisons: Date. 1M. 18U2. 1901. 19J0. Ki99. im. IS31:
Feb. 1 lb 2j b 22, 4 ,', 3 4 t 64 3 27
Feb. SI.... i C S 5 2u 4 i 3 im 3 W 3 1
Feu. 3....I tj lu I 5 3, 4 i i W -!
Feb. 4....1 W j i o, o 31j i oi 3 i-i -
Feb. S....1 U s U 4 M i S L
Fib. 0....I 6 7tH; 6 lb 5 2l 4 J i s6 i 1
Kb. 7....I 74-fl, ti U3i o i 4 W 6i 3 7&(
Feb. ....! e ) 4 Vi oo, 3 71( 3 23
Feb. . ...I 71 m 25 4 M 7U 3 71 3 27
Feb. ID... 6 latti t 00 4 bu 3 71 3 ( i -!
Feb. 11... 8 ull 6 32 3 65 3 (7 3 j
Feb. 12 ... i 3Vsi 04 o 30 4 7 el 3 20
Feb. 13... I SOi 5 ! 6 24 4 lu, a 68, I i M
Feb. 14... I t 85 & 2 & 1 4 io, 3 65 3 63
Feb. 15... 1 I B fell 5 28 4 75 Ml 3 !M) I
Feb. 16... 2j 6 37 4 6S 3 M M j M
Feb. 17. .. 7 U3-) 6 79 4 76, 3 ot) 3 M 3 2o
Feb. IK... 6 87 5 78 , 5 22 I 3 62 3 8. 8 31
Feb. II)... D"SI 5 tel 6 23 4 83 I 3 1 3 38
Feb. 20... 6 9i 6 86 6 ) 4 78 3 50 J 3 3a
Feb. 21... 6 Dti 5 H8, 5 Ml 4 T4 3 47 3 9u
Feb. 22... I I f 951 b 2 4 69 3 o5 3 84 3 3i
Feb. 23. .. 6 924 5 321 4 K) 3 68 1 3 bl 3 36
Feb. 24... 84V4I 7 4 9 3 C3 3 83 1 3 41
Feb. 25... 81 6 93 6 38 3 68 3 i) 3 4
Feb 26... S 91', b B8 6 33 4 6i fcl 43
Feb. 2l... HHvsl 5 81 1 6 26j 4 6i 3 62, I 3 43
Feb. 28... 1 6 6 9u & 28 1 4 77i 3 64 , 3 66
Indicates Sunday.
The official number of cars of stock
brought in today by each road was:
Cattle.Hogs.Sh'p.H'aee.
C, M. & St. P. Ry... 4 22 1
Union Pacific system. 4 10 3 ..
C. & N. W. Ry 3 12 .. ..
y., E. & M. V. R. R. . 4 11 1
C, St. P., M. & 0 1
K. & M. Ky 2 11 4
C, B. at Q. Ry ,4
K. C. it bt. J 1
C, R. I. & P., east.. ..
C. R. 1. & P., west.. 1
Illinois Central 1
Total receipts 19 81 7 2
The disposition of the day's receipts was
as follows, each buyer purchasing the num
ber of head Inulcated'
Buvers. Cattle. Hogs. Sh'p.
Omaha Packing Co 661
Swift and Company 24 946 241
Armour ft Co 1,208
Cudahy Packing Co 1.2BS) 1,320
Armour, from Sioux City. 131 2,242
It. F. Hobblck 2
Werthelmer 8
Other buyers 1 40
Totals 166 6.216 1,601
CATTLE Aa is aenerally the case' on a
Saturday, there were not enough cattle In
the yards to make a market. For the
week, however, receipts have been very
heavy, as will be seen irom the table above,
and for the month of February the supply
has been the largest on record for ihe
second month of the year. The gain over
the tame month of last year amounts to
about 14.000 head. For the year to date
the Increase over the same period of laat
year amounts to over 7,w0 head.
The beef ateei market has been in very
satisfactory condition all this week. The
first halt prices firmed ' up a little, but
toward the e.u?e buyers shaved off about
all of the tdvance.'so that the week closed
with prloes In the same notches they weru
at the close ot last week. The greatest
demand has been tor the medium and handy
Weight cattle. Heavy weights have been
rather slow sale as a rule, though a little
bunch of strictly prime cattle that bad
Ut-CI, till icru ... O , n-.u . V"
weighed 1,394 pounds. The bulk of the
cattle now coming forward sell from 34.W)
lo 34.50, while good to choice sell from
34 60 to 35.00 end fancy grades can be
quoted up to 35.50. -
The cow market has been rather uneven
this week. The best grudes hnve sold
freely, all the week and are perhaps 10'ol.ic
higher than the close of laet week. By that
is meant such kinds as sell from 13.40 to
14.00. The cutters and fair to good kinds
of beef cows, Buch as sell from $2.85 to
3.30, have sold unevenly and may be quoted
all the way from nearly steady to 15c or 26c
lower. Canners have also suffered fully
that much and toward the close of the
week were hard to sell at any price, as
some of the packers were not buying them
at all and others only in limited numbers,
manners are selling largely from $2.50 down.
The bull market has shown some little im
provement this week and tne better grades
are 154i25c higher. A choice bull will now
bring 33.75, or even a little more than that,
but the bulk of them sell from $3.25 to $:l.60.
Bologna grades are also a ilttie stronger
for the week. Veal calves have held Just
about steady, choice grades selling largely
from $6.00 to $6.25.
The stocker and feeder market has been
active and atro.ig all the week on desirable
f;rades. A compared with the close of
ast week. It Is safe to quote the market
15ij20c higher. The commoner klnda have
not shown much impiovement. Fair to
good cattle are selling from $3.50 to $3 85
and good to choice from $3.8.5, to $4.50. The
common stuff sells from $3.40 down. Rep
resentative sales:
BEE? STEERS.
At. rr. No. A. Fr.
3 M a to
j hob IN)
Z (.0 DV
10 1070 4 06
II7U a bt,
COWS.
1000 3 00 3 in
711 3 1 1 l'"0 J 35
942 S Jfi 1 1010 Ut
COWS AND HEIFERS.
744 3 10
BULLS.
10....
1....
"..1300 "
HTOCKERS AND FEEDERS.
r.oo a a M
" 702 3 7S '.5 MO 4 00
linos There waa a llht run of hogs
here today and the prices paid were gen
erally a shade better than yesterday. Bales
being made an ine way inj,n oio..j ,u
higher. It we.s rather an up and down
..rvot however, being high In the middle
and low at both ends. Packers did not take
bold very rreeiy, aa mcy um o"v warn uw
hogs bad enough to pay the prices asked.
Trading as a result was slow from
start to finish, aa the end of the
market was very slow and weak.
The bulk of the medium weight hogs sold
from $6 .85 to $6.90 and the good weight
hogs from $6.90 to $6 96, while prime heavies
sold as hlah aa $7.06. The light stuff In
particular was naru to oispose ui aim auiu
from $85 down.
For the week the receipts of hogs have
heen fair, aa there Is a decrease both
aa compared with last week and with the
same week or last year, r or ine nioiun
there has also been a decrease as com
pared with the same month of February.
For the year to date there Is a decrease of
about 73, ("M head.
The market for the- week has fluctuated
back and forth to aome extent. - but the
general tendency has been downward. As
compared with the close of last week the
niarket is 5&10c lower. Representative
sales:
No. Av. Sh. Pr. No. . Av. 6h. Pr.
j 11s ... to u lit ... 7
m is ... 10 U2 ...
u im ... 4 ti It 40 ... to
11 1U ... 6 1 116 ... to
TT lit SO TO ll ... tit
71 IM ... 10 K t:4 ... 0
M fit ... " Ml "
71 IrtS 10 HO 70 J. ...
74 107 ... I i: T4 0 SO
7J IN ... M1 t41 ... 0
f IM ... II 14-i ...
S3 Jll ... 1C IM ... M(i
U Ill ... 5 7 244 40
31 131 40 k 71 14W J'i
71 ill ... So Hi Ill 1X0
tr, mi ... t is :4 ... t
t2 IIS ... t 5 4i 57S ... t s
71 30 ... ttt f ! ...
It 30 ... ! 40 t S
It 4 ... t M 14 til SO t St
tl IM 14 t So SO J ...
It tit ... S6 U 13 ...
M Ul W I St 1 34 ... t H
ft
M
K
HO .
ltd
411
74
1 ...
10 I HH
... t (X
... 7 DO
:ii l
M S.'l
t 17
8I1EM' -There hiwi been a liberal run of
sheep ivro all this .week, as will he seen
from thetaMe given above, For the month
receipts hk've been the heaviest on record
and for thv year to date there Is an In
crease oerthe same period of last year
amounting to over M.ono head.
The demand has- been In good shape dur
Ing the swk ivider review, but still pack
ers swanted to 1, uy their supplies a little
lower. Strictly cht.Ve grades of sheep were
probs'Mv not over -veak to a dime lower,
while hi half-fat k.nds are 15425c lower.
Lambs have also suffe.red fully as much as
sheep. -
The demand for feeder- has been, of lib
eral proportions and owliig to the decline
on the half-fat cornfeds ngood many of
that class of sheep and lamb "old for feed
ers thnt last- week went to packers. The
quotations on the different grades of killers
anil feders will be found below -
Quotations: Choice lambs, 16. 6X"f 76 ; fair
to good lambs 15.5046 25; choice Colorado
lambs, W.Wiiil.rjO; choice llghtwelfht year
lings.' $5.tkV'7L.Hi; choice heavy y.earllngs,
S6 40$E.65; fair to good yearlings, i 065.50'
choice wethers. 36.2.r5S.riO; fair to goi'd. 34, S
4i5.25; choice ewes, J4.60fc4.76: fair to good
ewes, $3.75C(i4.2f; feeder lambs, t4.75Vv25;
feeder yearlings. 34.2.V84.7&; feeder wetnivs.
4.U'(e4.65; feeder
ewes, ej.ww-j.su. jvepi -
sentutive gains:
No.
24 culls
213 Colorado ewee
405 western ewes
i) western wethers...
M Colorado wellwrs.
164 Colorado yearlings
31 western lambs
30 Colorado lambs
31 Colorado lambs....
Av.
. 79
. 93
. 85
. 92
. 105
. 77
. 66
. 74
. 77
Tr.
3 00
4 40
4 40
6 00
6 00
6 25
6 25
26
6 26
CHICAGO LIVK SfOCK, MARKET.
Hose Rather TVealc and Slow to Bell
Sheep and Lambs Steady.
CHICAGO, Feb. 28. CATTLE Receipts,
200 head; market nominal; good to i.rlme
steers, $5.0HUo.,Tj; poor to medium, $3.25fd)
4.75; stockers and feeders, $2,3544.70; cows,
$1. 407-4. SO; heifers, $2.nng4-75; canners, $1.40
4(2. do; bulls. $2.00'4.25; calves. $3.26fi'7.6o;
Texas-fed steers. $3. 5044. 25.
HOOS Receipts, 15,000 head; estimated
Monday. 3.S.WO; left over, 6.000; market slow
and steady to weak; mixed and butchers,
$6.8041 7.20; good to choice heavy, $7,2547.42;
rcugh heavy, $6.85(tf7.15; light, $6.6oift'6.8o;
bulk of sales. $6.8."(T7.20.
SHEEP AND LAMBS Receipts, 1,600
hiad; sheep and lambs steady; good to
choice , wethers, $5.ot'n6i50; fair to choice
mixed, $4.00414.76; western pheep, $4.7506.50;
native lambs, $4.754jti.65; western lambs,
$4.7iV(ffi.83.
Official yesterday:
Receipts. Shipments.
Cattle 3.040 2.971
Hogs 1 23.375 3.660
Sheep 5,217 210
KJtnsaa City Live Stock Market.
KANSAS CITY. Feb. 28.--CATTLE Re
ceipts, 25o head; market unchanged; choice
export and dressed beef steers, $4.504J6.20;
fair to good, $3,7544.541; stockers and feed
ers. $3.4o4i4.50; western-fed steers, $2,904?
D.00; Texas . and Indian steers, $3.0O4j4.4O;
Texas cows, $2,504x3.00; native cows, $1.60
4i4.ou; native heifers, fl.75ji4.40; cannern,
fl.O04j2.10; bulls. f2. 606.3. 65; calves, t3.0O4t
3.50. Receipts for the week: Cattle, 32,900;
calves. S00.
HOGS Receipts, 1,500 head; market
steady; top. 37.20; bulk of sales. f6.904?7.06;
heavy, $6.954i7.20; mixed packers, $6,764
7.10; light. 6.65Sj.95; yorkers, J6.854J6.95;
pigs, $5.j4j.50. Receipts for week, 43,800.
SHEEP AND LAMBS No receipts; mar
ket unchanged; native lambs, $4. 004T1. 6);
western lambs, $3.85416.40; fed ewes, $3.0O4j1
6.90; native wethers, f3.564i5.40; western
wethers, f3.404io.65; stockers and feeders,
$2.60(&3.60. Receipts for the week, .18,800.
St, Louis Live Stock Market.
ST. LOUIS. Feb. 18. CATTLE-Reeelpts,
600 headA Including WO Texans; market
steady to strong ; native shipping and ex
port steers. $4.15456.25, with strictly fancy
quoted up to $5.76; dressed beef and butch
ers, $3. 754i6. 25; steers under l.XO lbs., $3.50
4?4.25; stockers and feeders. $5.304T4.25; cows
and heifers, f2.254t4.50, with fancy corn-fed
heifers up to f4.75; canners, - f2.254j-3.00;
bulls, t2.6og4.00: calves, f3.504j8.25; Texas
and Indian sto.rs, f3.304i4.60; cows and
heifers, fcJ.aXErS.lo.
HOGS Receipts, - 3.000 head; market
steady; pigs and lights, f6.6O4i7.00; packers,
904i-7. 20; butohers, $7.004i';.2o. '
SHEEP AND LAMBS Receipts, 100 head;
market strong, but lower than last week;
native muttons; f4-.504i6.30: lambs, f5.00itfi
6.90: culls and bucks, $2. 00. 50; , stockers,
$1.5042-3.00; TexHJis, $3.204.25.
ow York Live tStoek Market.
NEW YORK. Feb. 28. BEEVES Re
ceipts. 164 head, all consignee: direct; no
sales reported; dressed beef steady; city
dressed native sides, extreme, range, 64j4j
ll'4c; reported exports for . today, 1,471
beeves, 8. too- quarters of beef. ,
CALVE-Receipts, 99 head,' all -for the
market and mainly western, calves:- market
fur westerns rated. 5c lower -thun last sales;
pens .fully cleared; reported' sales of west
erns at $3. 60;clty' dressed vitals,' 104il4c.
SHEEP AND LAM B8 Receipts, 1,422
head; general tone quiet; 1 sheep about
eteady; lambs stronger; two cars unsold;
sheep, t4.404jti.50; lambs, tfi.75;' dressed mut
ton, 7',i4v9e per lb.; dresssed lambs, 9j'12c..
HOUS Receipts. 4,(9 . head ; ,no sales , re
ported. ', .
M. Joseph' Live stock Marloet.
ST. JOSEPH. Feb. 28 CATTLE Re
ceipts, 350 head; natives, $3.&g6-36; Texas
and westerns. 33.354H-60; bulls and Mags,
$2. 7544 .35; stockers and - feeders, ' 3. 2544.60.
H04iS Receipts, 3,973 head; light and
light mixed, $6.90417.00; medium and heavy,
$i;.924i7.2o; hulk, $6.904j".lfl.
SHKEP AND LAMBS Receipts, 226 head;
Colorado Jambs, $t.75; yearlings,-$6.35; weth
ers, $5.50; ewes, $5.50..
Sioux City Live Stoek Msixket.'
SIOUX CITY. Ia., Feb. 28. (Special Tele
gram.) CATTLE Receipts, 3oo;' market
steady; beeves, $3.50io.0v; - cows, bulls and
mixed. fl.604j410; stockers and. feeders,
f2.754i-4.25; calves and yearlings, t2.504i4.85.
ll'HiS Receipts, 2,600;. market ateady
with Friday's opening, , $0.604i7. 00; .bulk
$).704l6.8o.
Stoek In Starlit.
The' foUowlng were the ' receipts of live
stock at the six principal .western cities
yesterday: .
Cattle. Hogs. Sheen.
Omaha
Chicago
Kansas City
St. Louis ..
Ht. Joseph..,
Sioux City .
451 6,957 1.663
200
250
600
850
300
16,000
1,500
3,000
8,973
2.600
1.600
100
225
Totals 2X3 31,930
8,3t7
OMAHA ' WlIOLESACb MARKET.
Condition f Trade and Qnotatlons
Staple and Fancy Prod ace.
F.GOS Fresh stock. 15c.
LIVE POULTRY Mens, 1010Hc; old
roosters, 4tfi5c; turkeys, 134fl5c; dueks. 84J
9c; geese, 7U8c; ihkkens. per lb., 104jl014e.
DRESSED P4JUITRY Chickens. 11'uUc;
hens, lli 12c; turkeya, 154 18c ; ducks, ll'il2c;
geese, ll'yl2c.
BUTTER Packing stock. 124,c: choice
dairy, in tubs, 1 Strive; separator, 254c.
U1STEKS-Blancluros, per can, &c; tiira
Selects, per can. 35c; New York Counts, per
ran, 42c; bulk, extra Selects, per gal., $1.75;
bulk, Standard, per gal., $134.
FKiiiCfc.N r Kt-.im r ism 1 rout, sswc;
herrlna-. 5c-: ukkerel. 8c: nlke. 9c; perch, 8c;
buffalo, dressed, 7c; sunflsb, 3c; blueflns, 8c;
whlteflsh, 9c; salmon, 16c; naoaoca, 11c;
codfish, 12c; redsnapper, loc; lobsters,
boiled, per lb , 33c; lobsters, green, per lb..
3jc; bullheads. 10c; cattish, 14c; black basa,
20c; halibut, lie.
BKAN-l'er ton, tib.bu.
HAY Prices auoted by Omaha Wholesale
Dealers' association: Choice Ho. 1 upland.
,'; No 1 medium. $8; No. 1 coarse, xo.ao.
Rve atraw. $6. Theso prices are for hay of
gjod color and quality. Demand fair; re
ceipts ugnt.
C4JRN 43c.
OATS 39c.
RYE No. 2, 45c.
VEGETABLES.
NEW CELERY Kalaraasoo, per 40., 350
California, per dos., 45fi5c.
POTATOES Per bu.. 404j45c.
SWEET POTATOES Iowa, and Kansas,
$2 25.
NEW PARSLEY Per dos. bunches, 40c.
NEW CARROTS Per dos. bunches, 40a
LETTUCE Per dos. bunches, 45c.
BEETS New southern, per dos. bunches,
50c; old. per bu.. 4oe.
CUCUMBERS Hothouse, per dos., tl.75.
PARSNIPS Per bu., 40c.
CAR HOTS Per bu.. 4nc.
GREEN ONIONS Southern, per dog.
bunches, 40c.
RADISHES Southern, per dos. bunches,
TURNIP8 Per bu., 40c; Canada rutaba
gas, per lb., lc; new southern, per dos.
bunches, 5oc.
ONIONS -Red Wisconsin, per lb., lvc;
wnite, per lb., 2'-c; Spanish, per crate, tl.7a.
SPINACH Southern, per dol. bunches
5e.
WAX BEANS Per bu box, f3; string
bean, per bu box. $15".
CABBAGE Holland seed, per lb., lo.
NAVY BEANS Per bu. $2 65.
TOM1T0KS New Florida, per 6-basket
cisle. $4.ri35..
CAULIFLOWER California, per crate,
f2.uo.
FRUITS.
PEARS Fall varieties, per box. UM.
APPEtf Western, per bl)l., fi.i Jona
r
1.., 119
J . J.,...tlT
thans. fR; New York stock. f.t ??; California
Belltlowers. per bu. box, fl Hk
GRAPKH Malagas, p.-r ki-t;, t0O4f7.on,
CRANBERRIES Wlsronsln. per bM.,
til OH; Bell and Bugles. fi2.; per box, $3 50.
8TKAWKKRK1KS FloMiiu. per qt., 60c.
TR H'lCAI. FRUIT
LEMONS California luiicy, f l.50; choice.
f.125.
ORANGES California navels, fancy, ts.oo
ft 3 16; choice. $2 76; Mediterranean sweets,
f2 25; sweet Jsffn, f2 uo.
DATES Persian, In 70-lb. boxes, per lb..
Crte; per case of 30-lb. pkgs., $2.25.
FIGS California, per 10-ih. cartons, c:
Turkish, per 3Mb. box. 14'tISc.
MI8CELI.ANEOUS.
HONET Utah, per 24-frame case, $3.25:
Colorado. $.' 50.
CIDER New York, $4; per Vs-bbl., f2 50.
SAUERKRAUT-VVlsconsIn, per Vk-bb...
$2; per bbl., $3 75. '
OLD METALS, ETC.-A. R. Alplrn quotes
the following prices: Iron, country mixed,
.er tons, til; Iron, stove plate, per ton, $;
copper, per lb., 8V; brass, lieavv p,-r lb .
SSc; brass, light, icr lb.. 6M,c; lead, per lb..
8c; sine, per lb., J'-jc.
MAPLE SUGAR Ohio, per lb., inc.
POPCORN-Per lb., 2c; sheled 4o
HIDES No. 1 green, 6u,e; N. t green. Be
No. 1 salted, 7c; No. 2 suited, 6c; No 1
veal calf, 8 to 12 lbs, v'tc; No 2 veal
calf, 12 to 15 lbs., o; dry hides. Hnl.'c; sheen
jelts. 25fc;5c; horse hides. tl.5o-'(i2.i.
NUTS Walnuts, No. 1 j-oft shell, per II) ,
loc; hard shell, per lb., 14c; No. 2 soft sheli
per lb., 13c; No. 3 hurd shell, per lb. I"c:
Braills. ner lb.. 12c: tllberm ..r ik i"!
almonds, soft shell, per lb., itW-; hard shell
V-V.r lb.. 16c; pecans, large, per lb., l2U,,-:
smH. per lb., 11c; cocoanuts, per dos. eV
jhtWniitR. per lb., lflo; peanuts, per lb'
6c;' roasted peanuts, per lb., 7c; black'
walnvlts, per bu., fl; hickory nuts- per bu
il.60; I'ocoanuts, per loo, tt. '
WEAUB COMMISSION COMPANY.
llO-lll Board et Trade, Omaha, Kelt
Telephone 1R141.
CHICAGO, TrM. 2. WHEAT The mar
ket was helped Friday by the corn strength
and today it wu Influenced in the other
direction by the corn decline. The rabies
were indifferent, ui less than the ndvunco
here yesterday. Tfure was prediction of a
cold wave and It cornea on the heels- of a
two days' rain, but the southwest ex
hibited no fear over It. ami consequently It
was without Influence here. There was
some southwestern selling. St. Louis &
Kansas City, and the claim from that
dlreetlon of ample protection and nbunda.it
moisture. Ciearances were Incomplete, 24.
Ooo buehela. The world's shipments are esti
mated at lO.OUU.OOy bUMhels. and an Increase
on p?.asagfc Is expected. The visible will de
crease about as It did last year, M'l.oeo
bushels. The seaboard . reported 10 load-i
sold late yesterday to Lisbon. Speculative
trade was quiet, with everybody vi ltliig
some new factor. Fifteen .oads wheat
taken for export today at New York.
CORN There has been a good deal of
profit-taking In corn today, and some slight
yielding of the price. The provision crowd
sold, especially the English packers. There,
was very large commission Helling by Mr
Reynolds and Bartlett tk Krazler. There
was liberal buying by Harris & Gates, an t
by Counseltnan. Cubles were up slightly
from Liverpool, but lower from ixindun. It
has not been. easy to decide where the corn
has gone to. There was buying by Cudahy
houses early. Clearances. 4! 2,000 bushels,
incomplete because of wire trouble. Re
ceipts were 332 cars; estimates for Mon
day,' 340 cars. Eastern demand slow. Cash
corn' is weak for the poor grades, the No.
4 off another cent. Five loads taken for ex
port at New Yirk.
OATS The oats have felt the corn weak
ness; prices off about He There has been
no important trade, bu the speculative
market Is feeling the enormous selling of
the past, ten days, the selling by l'atten,
Howe, Co'jnselman and others. Receipts
were ISO cars; estimates for Monday, 215.
The cash peojde report the western offer
ings light and the seaboard demand soma
Detter: also the amount of business Is kept
small by the car situation.
PROVISIONS The market opened steady,
more or less Influenced by the action In
grain. Trade was quite general with com
mission houses. Fair demand for lard anil
ribs. 1 May pork sold at tl8.02, reacted on
selling by Can by. Harris & Gates were
fair buyers July pork. There were 15.0M
hogs; market steady; estimated for Mon
day, 44.0OO; for the week, 3X5,000. Hogs In
the west today, 34.000 head; last week, 40,100,
and lost year, Sl.SoO.
WEAKE COMMIBHIO.N LUVl'ANI,
Foreign Financial.
LONDON, March 1. Tho shock market
closed last week in a happier frame of
mind than has been the case for a long
time. The public Is entering the market
with confidence because of the feeling that
there will be no trouble in the far east and
on account of more peaceful reports from
the other : troubled sections of the world.
The outsiders have shown a particular
preference for home rail, which are the
feature of the week. In other departments
business was limited. Americans were neg
lected and dull, the 'last with few excep
tions showing quotations below the closing
prices of the previous week. Orand Trunks
are still attracting attention, tnough not
so. much as during the previous few weeks.
Kaffirs showed a firm tendency on the good
reports, political and economic, from South
Africa. Reports of amalgamation helped
Argentine rails and Mexicans were also
patronised. The depression In consols con
tinued, but this Is attributed to realizations
In favor- of more profitable investments.
Altogether while there was no great vol
ume of business, general indications point
to a more active market and a brighter
condition during the current year than was
anticipated
BERLIN, March 1. Business on the
bourse last week was without uny striking
features. While values were generully
firm, speculators were not ready for large
operations In view of the uncertainty of
the Macedonian outlook and tne money
situation In London and New York. Tho
annual statements of the great Joint stock
bank continue to be published and do not
satisfy the exaggerated expectations of tho
market. Hence there were heavy realisa
tion sales, which had the effect of depress
ing quotations. Moat departments of the In
dustrial market were firm, many shares
scoring further rises. Outsiders continue to
buy Industrials, being influenced by the re
ports of improving business, but the Frank
furter Zeltung assert that the improve
ment In the situation has nlready been
abundantly discounted In the present trans
actions and it predicts a reaction very
shortly. The monthly settlement passed
off In the easiest way under the greatest
abundance In money. This latter circum
stance also Increased the demand for Ger
man and Prussian loans, resulting In a
moderate advance in quotations. Imperial
and Prussian 3s were further aided by an
Intimation that the forthcoming loans may
be for leas than t7j.uoo.uiO. the sum orig
inally Intended. These loans? according to
a bourse rumor, may be postponed till May.
Dry Goods Market.
MANCHESTER. March l.-DRY GOODS
Business in the cloth market during tho
last week was difficult. All sections of tho
buyers were very cautious owing to doubts
as to the maintenance of values. thoiiKh a
few orders were negotiater;. The disloca
tions In the telegraph system due to the
storm greatly Interfered with business.
There were occasional sorting up transac
tions with China In staples, as the en
gagements In shirtings for India will soon
run out. There were numerous offers, but
they were mostlv Impossible of execution.
Occaslonnl orders In moderate lines were
placed. The minor outlets heliied In a f.tir
degree, and there was a good undercurrent
of trade with South America.
Spinners tlrmlv maintained the quotations
for yarns, which advanced in sympathy
for cotton. Most users were In the home
trade. Americans w re operated In cau
tiously to meet urgent requirements.
Philadelphia Produce Market.
PHILADELPHIA. Feb. 28 BUTTER
Firm and in good demand; extra western,
29c; nearby prints, 32c.
EGOS Firm and In fair request; fresh
nearby and western. 16c at mark; fresh
southwestern. 15o at mark; fresh southern.
CILEEs" Steady: moderate demand:
New York full cresms, prime small, 1 t
HVc- New York full creams, fair to good
small. 13ai3c; :-rew Tr ork full creams,
prime large, 14c; New York full creams,
fair to good large. Yiic
Geo. A. Adams Grain Go.
GRAIN,
PROVISIONS AND STOCKS.
Members Chicago Board of Trade, St.
Louis Merchants Exchange and Kan
sas City Board of Trade.
Room 224 Board Trade Btdg., Om&ka.
Phones lout) and I0I7.
J. R. Von Don, Vie President.
Writs for our market letter and caan
grain bids. '
P. B.
Wears. Pres. C. A. TV
are. Y-fTes,
Established IMS.
WEARE COMMISSION CO., CHICAGO
Meiuuera of the Principal a.xcaai4s.
Private Wire to All Points.
CHAIN, PHOVilt, liOlhl, BO.KDS
Bought and sold for cash or
future delivery.
OMAHA BRANCH, llo-lll Board of Trade,
Telephone 1514.
... W. K. Ward. Juoeai lsaea
