8
THE OMAHA DAILY BEE: MONDAY, JUNE 22, 1003.
10MERCIAL AND FINANCIAL
Sec all Vo'imt of Trading in the Grain
Yttt at Chicago.
LESS BULLISHNESS
IN
EVIDENCE
M' .. est nd C'nrn, lloHrrrr, Both Clone
a Trifle lilKher, with Oats I'n
clinaa;ed and Provisions a
simile Loihi,
CHirACSO, June 20 Trading In the grain
f)H was of ft smaller volume today and
ess bullishness wa;i manifested than of
Imp, although September wheat ciosed nc
higher. September corn was a shaoe
hlgner, oats were unchnnsoJ and provision!
fkvlf nil life lower.
Opening pines In wheat were strong in
the lace of easier tallies, the bullish re
ports frorn the sjuthwest, together with the
reports of a lack of rain In the nortnwest.
causing a good demand. July opened VaH"
hiif M-r at ifrVa and beptember Wyc
lusher at iuni'c. The strength at St.
Louis, Minneapolis and Duluth edrly In ths
oay helped the market here, but there wns
a good Ue.il of lonfj wheat for sale at the
advance Hnd witli a reaction ai St. Louis
prices gradually cased off. Commission
hou e.4 were Iree sellers and oefore the mid
dle of the session all the opening advance
had been lost, July being down to 76'o and
Beptember to 74c. A better demand de
veloped toward tne end of the day and the
market became firmer. July closed hi'UW'i
litghcr at 'i6V(T76V. while September waa
tc higher at it'Vtfi'ac. Clearances of wheat
and hour Were e.pial to Z4o,W iu. Primary
receipts were 321, 7uu bu., against 422,8no bu.
a year ago. Minneapolis and Duluth re
ported receipts of Ml cars which, with
local recelpla of 12 cars, none ot contract
grade, made total receipts for the three
(minis of 2n4 ears, against 3u0 cars last
week and 298 cars a year Hgo
( old weather, with predictions of general
rains, were reponslhle lor a renewal of a
bullish sentiment In corn and there waa
goon buying at- the start by shorts and
eiinml.ision houses. Opening prices were
irong, but as the session advanced tne
market became easier duo to liberal selling
by pit traders. The market closed about
wnere It left off last night, July being un
changed at 494,e, after (-elllng between 49Se
and W-4C. September closed a shade higher
t I9"c. after selling between 49Hc and
Ki'iic. Despite the claims of small oiTer
lnHs receipts continued liberal at 637 cara.
Wuli t8 of contract grade.
Trade In oats was characterized by a
Irong demand for July from shorts, which
caused a good advance In that month, and
b, the strength In the Deccmben option.
Tno poor crop prospects were the main in
fliince. After selling between 39-i: and
e.4c, July closed VtfWo higher at 4 c. Sep
tember was unchanged nt ;wo, after rang
ing between 3,'t'4fy;j-,u and 8jc. Local re
ceipts were 176 cars.
Little Interest was manifested In provis
ions, the trading being almost ftt a stand
still. The easier tone In the hog market
was an early Influence and with the dull
trade, prices ruled easier throughout the
day. September pork closed U.c lower at
116.90, September lard down 7Vfcc at $8.
and ribs iaoc lower at J9.27V4.
Estimated receipts Monduy: Wheat, 20
cars; corn, Mi cars; oata, 2lu cars; hogs,
44,(io head.
4 he leaning futures ranged as follows:
Articles. open. lllgh. Low. Close. Yesy.
ft1! 77 vj
77
7674
75
6V'a 7611
76'a c , 75i
74'-6ii76,,0'S
74 75VWI
14 VM''( 10,
49
4!H
50 U;
50
4a.
4SH-0,,
4a vn
4iH494''fi'H1
i
3'iAi
40V4I S!
40 XWi
S3'4
'111'
33
18 92V4 16 92H1 16 S7HI 16 S7h'
17 00
17 00
8
8 97
II w I 1( w I 1BW I 10 W
8 ?2.il K7V4 8 77V4
8 77
t, 92W
S VIM V Ull 8 V
9 80
9 30
9 30
9 30
9 27HI
9 2&
9 30
9
9
27
a Old. r New. No. 2.
CaBh quotations were as follows:
FLOUft ejuict. unchanged; winter pat
ents. $3.C6i?3.70; winter straights, J3.20ft3.50:
spring patents. $3.6OJM10; spring straights,
U-5n3.i5; bakers. $2.45fy3.0O.
W HEAT-No. 2 spring, 77iH7Sc; No. 8
spring. 73i'77c; No. 2 red, 765177740
COHN-No, 2, 49T4&50C; No. 2 yellow, 500
50Vc, ' .
OATS No. 2. n9S,c; No. 3 white, S9H(t41c.
RYE No. 2, olc.
ISA I' LET Fnlr to eholee malting, SMTXn.
SEED No. 1 Itax. $1.00; No. 1 northwest
ern. $1.02jil.0n; prime timothy, $3.90; clover,
contract grade, fll.504ill.7G.
PROVISIONS Mess pork. per hhl.,
$16 R7W. Lard, per 100 lbs.. $a.751j-K.77H. Short
ribs sidfs (loose), J9 IBfifl SO. pry salted
shoulders (boxed), f S. 12"ia S.26. Short clear
sides (boxed), $9.627i(fi9.75.
Following are the receipts and shipments
of flour and grain yesterday:
Receipts. Shipments
Flour, bbls....
Whent, bu....
Corn, bu
Oats, bu
Rye. bu
12.700
, 42.4
511,200
, 302,i:no
, ... nm
, 93.500
64.100
146,910
32MOO
32.000
llarley, bu.
300
On the Produce exchange today the butter
market was easy; creameries, lbtaLtHijc;
dairies, 15H&1SC. Eggs, easy, at mark,
canes Included, J2'WB iaic. Cheese, steady,
lo'iullVic.
NEW YORK GENERAL MARKET.
Quotations of ' the Day on Various
Commodities.
NEW YORK, June 20,-FLOUR-Reeelpts,
H.ixm bbls.; exports, 13.4M bills. ; dull, but
Imuly held; winter patents, $3.!t5u'4.2o.
Aimer straights, $3.70(53.80; Minnesota put
enls, $tt-,.6i; winter extras, $i.9uQj.l6;
Minnesota bakers, $:i.6X&3.7&; winter low
grades, $2.70(12 96. Rye flour, steady; fair to
fcuod, 2 'OJ .M, choice to fancy, $3.2u&3.60.
CORNMi'-Al Steady; yellow western,
$1.13; Brandy wine, nominal.
RYE Quiet; No. 2 western, 6SV. t. o. b.,
ailoat; slate, 6tiWi69c, c. I. f.. New York.
HAKLEY Stt'iuly; feeding, 46c, c. I. f.,
Buflnlo; malting. SlVjio, c. I. f . Buffalo.
VV KAY Receipts, (m,2di bu. Spot, easy;
No. i red, fctc, elevator, and S6c, t. o. t.,
afloat; No. 1 northern. Duluth, 90Sc, f. o. b.,
unout; No. 1 hard. Manitoba, 9uV, f. o. b.,
ailoat. Options had an easier opening on
rains In the northwest, rallied with the
west and on talk of delayed harvest, but
eventually yielded to unloading and became
easy again and closed V" 'c net lower.
July. S2(a,'3l-4C, closed at s27c; September,
7s-16iUm i-le. closed at 79Sc; December,
79 13-!t"'(ihO l-16c closed at 79',c.
CORN Receipts. 117,6nO bu. ; exports, 109,
F57 bu.; snles, Ki.oirf) bu. of futures and 82.0X1
bu. of spot. Spot, dull; No. 2. Sityc. elevator,
and 5Sc, f. o. b., ahoat; No, X yellow, 6sc;
No. 2 white. 5Hc. Options started lower on
weak cables, but recovered following Chl
cdgo strength. The eloe whs practically
unchanged. July, 67V(,tl67c, closed at 67"c;
September 5ta6c. closed at 53VtC; Decem
ber. fi'vtiWic. closed at 55le.
OAT8 Receipts. 70.6(0 bu. ; exports. 17.810
bu. Spot, Ann; No. 2. 43c; standard white,
4)Wc; No. S, 42c; No. 2 white. 4bo; No. 3
white. .rVo; track whit. 43U'467xC. Options
onened firm, but eased off.
HAY Firm; shipping. 80(36c; good to
ch'lee. 11 .2U4I1.S6.
HOI'S -Quiet ; state, common to choice,
19 2 crop. l74 ?3He; 1901 crop, Hfc'JTe: olds,
Mr.iic; Pacltlc coast, 19o2 crop, ls4tj23o;
11 crop. t4!hl7o; olds, Rti9c.
HIDES 'julet: Galveston, 30 to 25 lhs..
lc; California. 21 to 25 lbs., 19c; Texas dry,
4 to 40 lbs.. 24c.
I.KATHER ouiet: acid. 24tt26i.
RICK Firm; domestic, fair to extra, 4'3
7c: Japan, nominal.
PROVISIONS Beef. Arm; family. $10 &0
11Fk': mess. $H 60o9 50; beef hams, 119 btm
20.00; packet. $9 60n 10.00; city extra India
rees. $iofHS0i Cut meats, firm: pickled
Veltles. fli.fS'ulO $1; plcklt d shoulders. $S;
pickled ham. Ill 13.ts. itrd. easy; west
ern steamed. 19 10: refined, easy; continent
If JO: South America, $9.S4; compound. I7M
8 (X) Pork, nrm; family, im mikiis ou; snort
clear, $17.6ttgi9 25; mess. $18 2614.75.
BUTTER Firm: extra creamery, 21c;
extra factorv, 14ffil7e: creamery, common to
choice. 1sf21c- Imitation cresme'v 17falc;
stn'e n-lry, 17!n21c; renovated. ISIiWv.
CHEESE Stesdv; state full cream, f ney
small coloied. pv,e; larg colored, 1c;
smell white, 0c: large white 104c.
EGGS blrm: state nd Pennsylvania
extras, lV-c: firsts lOlTc: western extras,
lS'e: soeonds. to firsts, lFil7c.
TAI.IXW-Dull; cltv ($ ner pkg), 4740
If eoiintrv ipkir. free. M.frj'.e.
POULTRY Alive, wesk: western soring
chickens, !0c: fowls. Mo; turkeys, Hfl2o
T)reed. nomlns'lv unchanred.
METALS Trading ws no active In th
metal market today, allnough enough hnl
pees con-ommated to hold p-lc
rnnsb'y steaCy at the rrevp us dy-'
bssls. For ln there wsa a fair dnnd
en the ils of ?"Xf,8 12U for snot I'wiKr
wss dull and nominal with lake and e'ec-
mlvtlc ouoid St $14MtM.7S rd rtlng at
I4. ' Iad w steriv at 4 1?"- for spot.
F fv.it-r wns dull and easy with spot nt
$s0tJ12U. Th 'ron market wss ev.
with demand slack and prices nominally
Unchanged.
Liverpool Grain Market.
LIVERPOOL. J una JO.-WHSATBpot.
Wheat I
a July 177
bjuiv
a fccpt.
b t-ept.
-.OIU I
June I
July
Sept.
Dec. I
uai a i
July
Sept.
uec.
Pork
July Sept.
Laid
Ju.y
Sept.
It i oii
July Sept.
quiet; No. S red western, winter, 6s Jd; No.
1 liorlliern, spring, 6a 7d; No. 1 California,
6s 8d. Futures, quiet; July, s$7d; Sep
tember, 6s 3d.
I'OHN' Hpot, American mined, new. firm
t 5 Id; old, quiet at 6a 2d. Futures, dull;
-tune, nominal; July, 4a M; September, 4a
6V-1.
. OMAHA WIIOLKHUb MARKKT.
Condition of Trade and (notations on
gtapte and Fancy Prodaee.
EGOS Freeh stock, Ions off, 12Vyq"12e.
UVK POULTRY Hens, 8Hc; sprtnf
chickens, per lb.. 17c; roosters, according to
oge, 4'uoo; turkeys, lSrjjitk:; ducks, 7(i8c;
geese, fiGj7c.
Hl TTr.it Packing stock. UVilSc; choice
dairy. In tubs. 15317c; separator, 211i22c.
FRESH FISH Fresh caught trout. 9c;
fili kerel. 9c; pike, 9c.; perch. 6c; buffalo, 7c;
dueflsh, lie; whltefish, 9r; salmon, 15c;
haddock, pic; codfish 12o; redsnapper, 10c;
lobsters, boiled, per lb.. 26e; lobsters, green,
per lb., 23c; bullheads, 11c; catfish, 14c;
black bass. lTdSic; halibut. 10c; had roe,
40c per pair; roe shad, fl each; crapplr. 12c;
herring, 6c; porch. 6c; white bass, loc; blue
On s, Sc.
H RAN Per ton. $15.
HAY' Prices quoted by Omaha. Whole
snle Dealers' association: Choice No. 1,
upland, iin; No. z, rs.50- medium. ; coarse
$s.r,o. jtye straw, $7. These prlcea are for
hay of rood c Inr and aualltv. Demand fair
and receipts light.
tj hc.
OATS 40c.
RYE No. 2. BOc.
VEGETABLES.
OLD POTATOES Northern stock, per
bu., soigne; natives, 3h&40c.
NEW POTATOES Southern, per lb.. c.
PARSLEY Per doien bunches, 80c.
PARSN;.PS Per bu., 40c.
CUCUMBERS Hothouse, per dot., BOc.
BEANS Wax, per bu. box. $2.50; string,
per bu. box. 12.50.
CAULIFLOWER Home grown, per dos.,
75c
C ARB AGE New California, per lb., Jc.
TOMATOES New Florida, per 6-basket
crate, 83.2C; Mississippi, per 4-basket crate,
IJ.00.
RHUBARB Per lb., lc.
NAVY BEANS Per bu., $2 50.
ONIONS New California dry, per lb., 2c;
Texas, per lb., 2c.
FRUITS.
STRAWBERRIES Hood rivers, $3.00.
BLACK RASPBERRIES Per 24-plnt case.
$1.60.
RED RASPBERRIES per 24-plnt case,
$3.00.
BLACKBERRIES Per 24-auart case, $2.50.
APRICOTS California, per box, $1.00.
PEACH ES California, per box, $1.25.
CHERRIES-Callfornla, white and black,
per 10-lb. box, $2.
CANTALOUPE Florida, per crate. $3.50
4.00.
A PPLES Ben Davis, per bbl.. $4.60.
TROPICAL FRUITS.
FIGS California, per 10-lb. cartons, 75c;
Turkish, per 18-lb. box, 18c.
ORANQES-Callfornla navels, fancy, for
176 and smaller sizes, $4.00; for 150 and
larger sixes, $3.26; Mediterranean, all sizes,
$3.uu'?j3.'..,6; Jaffa, $3.25(53.50; fancy blood, per
half box, $2.00.
LEMONS-Callfornla fancy, all sizes,
$4.6u; Messlnas. $4.00.
UATES-Peralan. In 70-lb. boxes, per lb.,
6c; per case of 30-lb. pkgs., $3.26.
PINEAPPLES Florida, $3.00; Cuban,
$2.75.
MISCELLANEOUS.
MAPLE SUGAR Ohio, per lb.. 10c.
POPCORN Per lb.. 2c; shelled, 4c.
HIDES No. 1 green, 6Vc; No. 2 green,
Bc; No. 1 salted, 7"-tc; No. 2 salted, 6VCi
No. 1 veal calf, 8 to 12 lbs., hSc; No. 2,
veal calf. 12 to 15 lbs., 6H: dry salted
hides, 8'gl2c; sheep pelts, 26375c; horso
hldes, $1.602.50.
NUTS Walnuts, No. 1 soft shell, per lb.,
16c; hard shell, per lb., 14c; No. 1 soft shell,
per lb., 13c; No. 2 hard shell, per !b., 12c;
Brazils, per lb., 12c. Filberts, per lb., 12c.
Almonds, soft shell, per lb., 16c; hard shell,
per lb., 15c. Pccuns, large, per lb., 12Vie;
fmall, per lb., 11c; cocoanuts, per dot., 6lc;
chestnuts, per lb., 10c; peanuts, per lb.,
5c; roasted peanuts, per lb., 7c; black
walnuts, per bu., $1; hickory nuts, per bu.,
$1.50. .
St. Loafs Grain sal Provisions.
ST. LOUIS, June 20.-WHEAf-Steady ;
No. 2 red, cash, elevator, nominal; track,
7(ft0V4c; Juiy, 7974c; September, Uc; No.
2 hard. 7ShS0c.
CORN Firm; No. 2 cash, nominal; track,
65c; July, 497,c; September, 4S:Srfi48'AC.
OATS Lower; No. 2 cash, nominal; track,
41c; July, 39c, nominal; September, 33c;
white, 4c.
RYE Held at 53c.
FLOUR Quiet and firm: red winter pat
ents. $3.7u&3.90; extra fancy and straight.
$3.45(3.70.
SEED Timothy, steady at iz.wx&x&o.
CORNMEAl. Steadv at $2.70.
BRAN Quiet; sacked, east track, 8&Srsic.
HAY Dull: timothy, $11.00(218.50; prairie
$6.00(11.00.
IRON COTTON TIES II. 06.
BAGGING 6(B6V40.
HEMP TWINE 6c.
'
ebbing. 1
PROVISIONS Pork, lower: 1
standard mess. $17.2774. Lard, lower at $8 40.
Bucon. steady; boxed, extra rnorts. 110;
clear ribs, $10.25: short clear, $i0.3774
I'oI'I.TRY Steadv: chickens. 10c: springs.
13c; turkeys, 9c; ducks, 7c; geese, Stylo.
butter steady; creamery, jiijjc;
dairy. 15(3;l8c.
EGGS steady at lzvtc. loss oir.
METALS Iead. dull at $4.00ff4.0274. Spel
ter, nominal at $5.50.
Receipts, shipments.
Flour, bbls 5,000 4,000
Wheat, bu 12,000 9.000
Corn, bu 22.000 19.000
Oats, bu 23.000 15.000
Philadelphia Prownee Market.
PHILADELPHIA. June 20. BUTTEil
Steady. Extra western creamery, 22c; extra
nearby prints, nc.
EGGS Firm, fair demand. Fresh nearby.
18c, loss off; fresh western, 177W1 8c, loss
off; fresh southwestern, 17c, loss off; fresh
southern. 16fi 1674c. loss off.
CHEESE Steady, fair demand. New
York full creams, choice new, 1174c; fair
to good, 1074llc.
Mllvrnnkee Grain Market.
MILWAUKEE. June 20. WHEAT
Steadv: No. 1 northern. 86W8674c: No. 2
northern, 85c; July, new, 76Hc; old, 7674
(77c.
Kin. oieaay; ro. i, iwuao-uu. .
BARLEY Steady; No. 2, 67c; sample, 43
46c.
CORN juiy, nc
Kansas City Grain and Provisions.
KANSAS CITY. June 20. WHEAT July.
OSTc; September, 65'4c
corn juiy, 4v,ii.h i,c; eepiemner, 44e
.' fill a TTIrm 1 an 1 1 rl ami IfinMi mt rr.r
cases returned, 1174c doi.; new whltewood
esses Included, 12c.
Minneapolis Wheat. Flonr and Bran.
MINNEAPOLIS. June 20. WHEAT
Caah, 83; July, Slc; Beptember, 734c;
on track, No. 1 hard, 84Vo; No. 1 north
ern, K3tc: No. 2 northern, 7 J "4c; No. 3
northern. 79'ywoc.
FLOUR First patents. $4.15S4.25: first
clears, $3.153.25; second clears. $:.2)2.45.
BRAN in DuiK. ii4.mKffi a.
Duluth Grain Market.
DI'LTTTH. June 20 WHEAT To arrive.1
No. 1 hard. 8lNc; No. 1 northern, 82Hc; No.
2 northern, SO'c; July, 82c; Beptember,
73'c.
OA I B ll(0 JlTiC.
Peoria Market.
PEORIA. June 20. CORN Lower; No. 4.
46o.
OATS Dull: No. 2 wrjte, 40c; No. $
white, 39Vc; No. 4 white, j9c.
Toledo Seert Market. '
TOLEDO. June 20. SEEDS Clover, fslrlv
active; October, $5.76; prime timothy, $1.80.
gaser and Molasses.
NEW YORK. June 20. Sl'OAR-Raw.
steadv; fair refining. 3'ic: centrifugal, 96
test, 3 19-32o ; molasies sugar, 2 29-32c; re
fined steady; No. 6, 4.45c; No. 7. 4.40c; No.
8. 4.35. : No. 9, 4 30c; No. 10. 4.?5c; No. 11.
4.20c; No. 12. 4 15c; No. 1$. 4 loc; No. 14.
4.60c; confectioners A, 4.70c; mould A, 5.10c;
cut loaf. 5 45c; crushed. B.4jc; powdered,
4 96c: grenolated. 4.85c: cubes, 5.10c.
MOLASSES Firm; New Orleans open
kettle good to choice, 31W40c.
NEW ORLEANS. June 20. 8 TO A R Dull,
open kettle. IS'S 7-lic; open kettle centrif
ugal. 3Vq3ic: whites, 4 ll-16c; yellows,
$"c:. second. Sfi3Sc.
MOLASSF.S Open kettle nominal, 13
26c; centrifugal. 6al8c.
Weekly Disk Statement.
NEW YORK. June 20. The statement of
averages ot the clearing house banks of
this city for the week shows: Loans. $W4.
862. luo. Increase $11,469,100; deposits, $vm 779 -40O.
increase $949,600; circulation. $44.008.9O.
Increase 2.700; legal tenders, r4.084.7ot). de
creese $954,500: specie. $158,459,700. Increase
$2 314.800; reserve. 1-3,264 o. Increase $1.39.
M. rererve required. $222 444.825. Increase
l,J7 : surplus. $10.09 576, Increase $622.4ii0;
ex-l'"lted States deposit. $19.4,000, Increase
trM.sn.
Exports aid Imports at ew York.
NEW YORK. June M. Total Imports
mt-rcnamuse ana ary goous t tne port
of New York for this week were valued
at $9,651.81!.
Total Imports of specie at the port of
New oik for this week were $17,476 gold
snd $45,127 silver. Total exports of specie
from the port of New York for this week
wero $tKW.lw, silver ana $3.77 gol$.
OMAHA LIVE STOCK MARKET
Beef Steen Ton to Fiftein OentB Lower
Than a Week Ago.
HOG MARKET HAS ALSO BEEN GOING DOWN
Receipts of Sh.ep and linbs Have
Been So I.labt that Prices Have
Meld Ahout Steady in Spite
of nig: Slnmp In t hlonau.
BOUiH OMAHA. June 20.
Receipts were;
Came. nogs, sheep.
...,10.7i9 7.H.V) 1,9,8
.... 7,2(4 14.60S 74S
.... 2,5M 15.174 90."
.... 4,019 10.8S0 1,146
.... 4,lb7 V.ooH 7.1o
.... 360 12,641 4
Offlcial Monday....
Ofllclal Tuesday
'jfticial Wednesday
Official Thursday ..
onicial Friday
Otliulal Maturdai' ..
Total this week 29,170 70.541 5.498
Week ending June 13.. ..18,440 63,376 10.2..2
eek ending June 6 24,54 84.250 6.793
Week ending May 30. .. .16,966 67,675 11,411
Week ending May 23.... 13,148 41,033 13,06
Same week last year. ...13,349 62,745 10,442
RECEIPTS FOR THE 1 EAR iO DATE.
The following table snows Hie receipts vt
cattle, hogs and sheep at South Omana for
the year to date and comparison!, ivi.n last
year: 1903. 1D02. u.c. Dec.
Cattle 473.717 3i.4,7l 118,918
Hogs 1,185,524 1,261,46$ 76.119
Sheep 6d,0J6 $94,310 143,76
Average pi Ice puld foi' hogs at South
Omaha lor the last several Qays With com
parisons: Date.
1903. 11902. ;1901.1900. 1899. 11898.11897.
June 1....
June 2....
June
June 4....
June $....
June 6....
June 7....
June It...,
J uiie . . .
June 10...
6 93141
5 70 4 88( S 50
4 21 1 3 40
4 12i 3 32
4 Oil 8 3i
4 101 8 32
6 0 7 07 4 Mi
6 99T4 i 181 6 701
t 7 16 6 71 4 83
0 DA
8 to,
lo 7 Zl t .U 4 1
a 58
t 31
w '17X1 I lu V HI I PI
3 8, 4 01
7 IS 6 761 4 961 3 ih 3 881 8 30
6 8 ft 78 6 U 3 60 3 8il J 31
I .in i 21 1 i o i i hi i I'.'i if
6 0'7; 7 271 5 831 3 591 3 9o o ii
03' 7 36 6 91) 5 001 8 5 3 21
o : , i im.. a Mil 4 921 S 67 i I 3 31
6 07 7 3; a (sil 4 8t 3 61, 3 71j
I 7 311 6 81 4 85 3 W: 3 TO' 3 29
6 98! I 6 S6i 4 ss! 3 M 3 77 3
6 (H4I 7 25 4 95 3 2 3 90 3 22
5 4V 7 24 6 83 8 63 3 84 1 8 18
6 97 7 26 1 5 89 6 03; I 3 8o 3 21
6 64 7 34! 5 921 6 Oiit 3 4i I 3 15
5 88 7 41 5 S9 4 94 3 71 3 80
June 11...
June 12...
June 13...
June 14...
June 15...
June 16...
June 17...
June 18...
June 19. . .
June 20...
Indicates Sunday. '
The offlcial number of cars of stock
btevght In today by each road was:
ItOKd.
Cattle.
Hogs.
2;i
6
1
24
12
43
T
59
11
12
12
6
4
C . M. & St. P. Ry
Wabtsh
Missouri Pacltlc
Union Paclllc
C. & N. W
F., B. & M. V
C. St. P., M. A O
B. & M
C, B. Q
K. C. & St. J
C. R. I. & P.. east.
C, R. I. A P.. west....
Illinois Central
1
2
'i
20
'i
Total recelnts
31
194
The disposition of the day's receipts was
as follows, each buyer purchasing the num
ber of head indicated:
Buyers. Cattle. Horj. Sheep.
Omaha Packing Co
Swift and Company
Armour & Co
Cudahy Packing Co
Cudahy, from K. C
Armour, from Boo City.
Other buyers
.... 1,-12
GO 2.7iO
3.-!'i
3,109
030 740
1.070
5 -L
69R 12,647
CATTLE There wero only a few bunches
of cattle In the yards this morning and not
enough with which to make a test of the
market. For the week receipts have been
unusually heavy, and as compared witn
last week there Is an Increase of about
9,000 head, and as compared with the same
...i. r.t lo.t vr there Is a gain of over
14,000 head. Tlie receipts for the year to
flato show an increase 01 iuuui
The beef steer market has oeen In ! airly
satisfactory condition this week consider
ing the extremely heavy runs. On .Monday
there was a disastrous Drcak In prices
amounting to right around 25c. On luesday
the market was weak to a dime lower
which made the decline for tha two dos
about 20(03c. Since that t me. however,
the tendency has been steadily upward and
about 15ifc2oc of the decline has been re
gained. Handy weight cuttle have Im
proved the most, so they are not more than
a dime lower for the week, but the heavy
.... oil tv.ii'his acklna In quality
are about J5c lower. Trading has beer; c-
,4at. mn that In snlte of the I
live on in..-.. J-, -.-k. h,
lieavv receipts eany cietti 11 m.u ,m , ,
Zas a general thing. The built of the
lair to good cattle are now kiuui -
$4 60 to i4 75 and the choicer grades from
ii'.SO to $5. The common kinds sell largely
' The cow market has followed very much
the same course as the steer market, al
though fluctuations have not been so radical.
The better prades of cornfeds are right
close to steady for the week an" W be
quoted from S 00 to $4.4'J 'or vrncy. The
fair to good kinds sell largely from $3.50
to $4.00. The grass cows have been slow
sellers all the week and prices have suffered
a sharp decline. The break may safely be
put at 25c and In a good many cases sales
have been made that look 3:it40c lower.
The bulk of the grass cows sell from $.1.00
to $3.40. with choice grades from that up.
The commoner grades sell from $2.50 to
$3 00 and canners from M.75 to $2.50. Can
ners are also In poor demand rind are con
siderably lower for the week.
Lightweight venl calves are shout steady
for the week and may be quoted from $6.00
to $6.50 for choice grades. The heavier
calves, however, such ns weigh from 2T5
pounds up, are slow snle and lower, the
decline amounting to fully $1.00 per hun
dred pounds.
Bulls have not shown much change all
the week and are about steady with last
week's closing prices. The bulk sell from
$3.00 to $4.00. with choice grades mostly
from $4O0 to $4 25.
The supply of Blockers and feeders has
been extremely Ugh' all the Week, but so
slso hss the demand. In fact there, hss
not been enough esttle bought and sold
to establish a msrket. It Is very evident,
though, that prices nre considerably lower
than they were a week or ten days ago.
Representative snles:
BEEF STEERS.
No. At. Vt. No. At. Pr.
SI 1061 4 66 1372 4 40
6TEERS AND HEIFERS.
' $ 11W t 5 I j.. ..1011 4 it
CALVES.
1 120 I 00
HOGS There was a big run of hogs here
for a Saturday end the market continued
on Its downward course. The general mar
ket wss a .big nickel lower than yester
day's average. The long string went at
$5.87H. with the choicer loads going mostly
at $3.90 and from that up to $5 95. Trading
was very active and practically everything
was disposed of before 11 o'clock. Packers
are now looking .more at quality than they
are nt weight, so the good light hogs are
selling in the same notches with the heav
ier weights or tne same quality. From th
sales below It will be noticed that hee.vy
hogs topped the market, but f'a ts owing
largely to the fact tha nere were no
strictly choice light loads on sale. Hovers
claim that they will pay Just as much for
a rancy loaa or light hogs as they will for
a fancy load of heavies.
The receipts of hogs this week have been
quite heavy, as there la a good Increase
both over last week and also over the
corresponding week of Inst year. The de
crease In receipt! for the ear to date Is
now only about 80.000 head. In view of
the heavy rceelpts this week the tendency
of prices has been downwsrd. although the
(imrntfi on eoine uays ruieo higher. The
net loss for the week amounts to nearly
20c. Representative sales:
Toward noon a late train arrived with a
few cars of hoi. and .thev wr. r.o,..
slow sale at no better prices than were
paid at the opening of the market. About
the middle of the forenoon there was a time
wnen tne martlet aeveiopea a little strength
but that wns lost on ths extreme close.
itepreseniaiive snies:
fio.
At. 8b. Pr.
No.
At. Is. Pr
Ill 40 I 17
117 IM I It
S.'l 10 6 17
2J 124 t 17
261 ... i 17
134 40 I 17 ,
141 ... 6 17
161 t I 17
160 t0 f 17
tM io 1 i-r
Id! 140 6 17
I-H 140 I 17
144 160 I 17
2M 140 t 1
170 ... I 17
261 ... I 17
116 ... 117
161 10 I 67
.... 15 I) I 10
IA. ...
70...
66....
61....
0....
44 ...
7...
to....
U...
...
IS ... .
12....
TO....
41 ...
71...
lull ..
tl....
7....
0...
22
.216
.211
.111
.
HI
-MI
I 2S,
10..
1..
1..
II. .
0..
II..
I..
40 .
61..
61..
67..
14. .
71..
6V.
3..
61..
10..
67..
16..
43. .
66..
. .
ti..
60 .
10. .
0..
f? . .
0..
1..
4 .
II .
6..
rl .
64
... I 66
40 I 16
... I U
M 111
40 I 16
... 6 66
160 110 I 16
IU tm I 16
III ... I 16
.171 120 I 16
..1W ... 6 66
. IT ... I IS
..IM 40 I I7lt
..2 1 tnt
. 120 4on I 17
..I.I I 17
..164 l t 17
. 214 ... 6 7
..tit ... 117
. IJI 120 I 17
...121 no 4 r.,
... Ill)
... IH
44 4 60
M t M
6) IM
10 I
0 I V)
1HI I t-l
II
..K!
.260
,.:i
.,2
.I4Z 1M 6 IT'.
71 172 140 6 67
70
.231 ... I
I .
n .
it. .
70 .
64)..
7..
It .
13.,
17..
71..
tl..
224 110 I 17
. .Ii'.
6 17
..2TI
...'67
..tu
.271
. lul
. ;j
..249
6'J i 67
60 I 17
l I 17
mo 1 it
40 t 17
... I 17
60 I 17
n I rr
271 160 6 10
f'l IU IN
6 I 10
.11 0 t M
.2 I IM IM
W0 110 I Sri
171 ... f
W IS IH
ill W IM
..3b0
.133
.Ml IM 4 IT!
.iV)
fn
tl
..I'll
... I rrvi
... I ri
0 MI4
... t 7,
0 6 171,
... I
) 6
H 6 7
1M 6 17',
ST..
71..
3..
(. .
. .
..
42..
71 .
1 .
6..
f. .
M..
71..
47..
J 10 I
241 ... IN
244 MIX)
l ... I to
!6 120 I
246 I) IM
M0 10 10
254 JW I M
2t1 40 I n
2 60 to
24i 120 I X'
Ill M iHI
:4 4V 6 Hi
1.0 ... I II
t 190 6 10
24 100 6 1.1
211 . . 6
274 M 6 SO
.130
4
in
tl 120 t 17 4
..ii
6 T,
6 S7'i
!5
771 120 t 7H
i ltd t H7
..I'M SO ( J.s,
. in m t iitv,
..v.i iw i
.: o t
. 2::l K'O 6 k7W
. i.t 0 t I7'
til ... 6 HT,
. w so (
. -V 120 6 IT',
6 st
. .2:s liw (
. 250 (h) J 7i
II
41
41
eft
7u
60
4
fl
4a
i
67
71
71
46
ti
74
65
64
70
60
1
1.8
13
66
.249
.217
.III
. .24
.2ir.
.26
.281
, 3u6
Id IM
. . I 10
10 I 10
40 IH
SO t !
60 t 0
. . . I 0
J izo 6 K7i
..2111 120 6 M
..241 140 6 18
. .26 ... t 10
IKS
mi 6 iii,
.. 6
II t
.1.(9
.S06
.21 240 6
..2:0 1(0 t I7,
. 141 0 6 7i,
- i7 00 87
..2''3 mi 6 7'k
..2r.i ... i r?ia
. "1 40 6
..I7t io t last
. t.l 40 6 7L,
262 IM t R?Vt
..271
6 10
..27
...206
..2H1
..i;7
...:
...117
..2.'.2
..s:i
(0 6 Kl
40 I Mi
10 I M
10 i 12 'J
1.0 I M'
10 I 121,
60 S I2S
.. t I2S
. .. 6 66
11 if)
t.
7
i o 5 J7H 40 2
........ ct in s nu 66 :
...
4I
296
115
Ml Ehp Therp u-sre nructlcsllv no shen
pn sale today, and for the week the supply
lias been only about half as large as Inst
week and only nhout a third us large as
for the same week of last year. The qual
ity of the offerings has slso been on the
common order, so It can scarcely be said
that there has been s market here this
week. Packers, of course, have had to
have a few supplies to fill their urgent
orders, and as a result have had to pny
steady prices for the greater share of the
arrivals. At Ihe same time Chicago has
been going down hill at a rapid rate, the
decline on both sheep and lambs being put
at all the way from 75c to $1.50 in extreme
cases.
There are very few feeders coming and
no change In the msrket has been noticed.
From Ihe quotation below It will be
noticed that spring Limbs are now classified
ns lambs, and that the yearling lambs are
no'v onoted ns yearlings. This classifica
tion will be observed, hereafter, In quoting
prices.
wnoiatlnns: Good to choice lambs, $5.75T
6.2,1; fair 10 good lambs, $.V264iK.'6; good to
choice yearlings. $4.755.00: fair to good
yearlings. H5iiri4.75; good to choice weth
ers, $4.25474.50; fair to good wethers, 3.7(W
4 .5; good to choice ewes, $3.75nji4.50; fair to
gnori ewes. $3.50ii3.75; feeder lambs. $2.R0'rf
3.50; feeder yearlings. $2.50fi3.50; feedr
wethers, $2.oOH3 .50; feeder ewes, $2.00'rt2.75.
Representative snles:
No. A v. Pr.
4 native ewes 110 4 25
CHItAftO LIVE STOCX MARKET.
Hosts Sell at Trifle Lovrer with Seven
teen Thousand Head ReeelTed.
CHICAGO. June 20 CATTLE Receipts,
300 head, steady; good to prime steers.
$5.WVh'5.45; poor to medium, $4.0OCo4.85;
stockers and feeders, $3.00(o"4.75; cows.
$I.Mifi4.Fifl: heifers, $2.254.75; canners. $1.6(k&
2.8(: bulls, $2.50iff4.25; calves, $2.0ori6.50;
Texas fed ste.-rs, $3.504.50.
HOGS Receipts todsv. 17,000 head: esti
mated Monday, 42.000 head; left over, 2.0H0
head: steady to 5e lower; mixed and
butchers. $f.95fi.15; good to choice heavy,
$r. Iflfi6.20; rough havv, $5 90f7.10: light,
K.0iKfj6.20; bulk of snles. $S.(Pfl.15.
SHEEP AND LA MRS Receipts. 2.000
head: sheep and lambs, steady; good to
choice wethers. $4..'iOfl5.?S; fair to choice
mixed, J3.0iVo.;5; western sheep. $4.J5ii5.O0;
native lambs, $4.006.75; western lambs.
$4.mv!5.V).
The following are the official receipts
and shipments for yesterday:
Ree-lpts. Shipments.
Cattle 2.936 4.967
Hogs 25.232 S.:85
Sheep 9.970 .425
Kansas City Live Mock Market.
KANSAS CITY. June 20. CATTLE Re
ceipts, 100 natives, calves none; market
unchanged; choice xport and dressed beef
steers, $4.50(7x3.25; fair to good, $3.70(a4.55;
stockers and feeders, 33.403ri4.45; western
fed steers, $2.9,Vr4 9 1; Texas and Indlin
steers. 82.75fi 4.30; Texas cows, $2.0fiff3.SO; na
tive cows. $2.C07J4.15; native heifers, $2.8.",fi
4.55; canner?, $1.1.1-2.50; bulls, v2.S0.i.55;
calves. $3.0074.91. Receipts, for week, 5,300
cattle. 200 calves.
HOGS Receipts. 4,000 head: market
steadv to strong; top, TO i.i; bulk of sals,
$Ti.2.)M!fi5 9": heavy, $r.S2'i'f(6.ii2H: mixed
packers. $"..7.'r(5 92V4; light. $5.25(fi5.S5; york
ers. Vt.fMih 85; plgs,, $5.2f'(t5.6!. Receipts for
week. 35.000. , '
SHEEP AND I.AMRS Receipts, none;
market unchanged; native lambs, M.OViii.TTj;
western lambs. $3.80S (1.85: fed pw.-, t3.25
(55.15; Texe.s-cllppnd yearlings, $3.5015.36;
Texas-clipped sheep. $l.Sf)1Jn.l0; stockers
and feeders, $3.20(g4.00. Receipts for week,
5.741.
' t. I.nls Live Stock Market.
ST. LOUTS. June 20 CATTLE-Receipts.
1.200 head. Including 250 TexanS; nrnrket
aunilv. native shlnnlnir and exnort steers.
$4 6"(ri.50; dressed beef and hutchr stern.
$3.75?5.25; steers under 1.0"0 lbs., t3.75rf74.75:
stockers anri reeners. .i.ztrrs.ji: cow ena
heifers. $2.40(773.20; canners, l2.0"tf72.7S; bulls.
$SOOt4.?5; calves. $".ooif76.50; Texas and In
dian steers, $3.S0tf?4.25; cows and heifers,
$2 40rfT3 .20.
HOOP Receipts, s.ifsi neao: marset easy
in Re lower: nles and light". s.r..fr..9o;
psck'-r. $5."'f.05: butr-hers. f6 0W.im.
WHI'Jr.l Arl) linnn r--t-iiJis, n-mi;
market steadv; natlv muttons. 4.0O.l61;
lernbs $4 7fVff6 50: culls and bucks. 2.Sflfii
W; stockers, $2.25?2.75; Texans, $"00071
425. i
Scvr York Lire StoV Market.
NEW YORK, June 20 REEVES Re
ceipts, 86 head, nil consigned direct; no
1 .. llr.HDD.I Hon f fltunHv 1 1 n
dre.wd native sides, 7rSSV4c per lb.; reported
exports for today, 1,200 beeves, 35 sheep,
S,f-!i quarters of beef.
CALV KB ' niy two neaa on ssie; cuy
Oressed venls, 8(&lle.
HOGS Receipts, 2.841 head; none reported
J... anla llv
SHEEP AND LAMBS Receipts. 5.780
head; sheep, lower, $3.':5ff 6.0O; lambs. $6.50071
7 50; dressed mutton, general sales. 70?lflHe;
dressed lambs, general sales, ll?13c.
St, Joseph Live t.ck Market.
ST. JTCEFH. June 20 CATTLK Re
ceipts, 1,775; active. 0O7IO0 higher; top,
$4 96 '
HOGS Receipts. 9.134: steadv to strong;
light and licht mlxd, $i.75fT5.87U; medium
end heavy, $0. 80076.06; bulk, $5.80f.90; pigs,
$4 ROfi 50.
SHEEP AND LAMBS Receipts, 100 head;
steady.
Slonx City Live Stock Market.
SIOCX CITY, la., June 20. (Special Tele
gram.) CATTLE Receipts, 200; steady;
beeves, $4.00074.90; cows, bulls and mixed,
$2.5011 4.C0; stockers nnd feeders, $3.50ijj4.40;
calves and yearlings. $3.00074.25.
HOGS Receipts 4.500 ; 511100 lower; $5.75r3
6.96; bulk. $5.85(55.96.
Stock In Slsrht.
Following were the receipts of live stock
at the six principal western cities yester
day:
Omaha
Chicago ,
Kansas City ....
St. Louis
St. Joseph
Sioux City
Total ,
Cattle. Hogs.
M
1
7
CI
1
4
67
70
7
1
56
74
47
7
f
SO
74
;
71
ft
is
5
K
bl
m
7
HI
68
1
141
si
70
104
78
7J
64
01
611
360 12.641 4
3) 17.000 2.000
100 4,000
1.200 6.000 fOO
1.77G 9.134 100
200 4,500
8.936 62,275 2,604
Coffee Market.
NEW YORK. June 20 COFFEE Spot
Rio, quiet: No. 7 Invoice, b'c; mild quiet;
Cordova, 7 Vn 11 Vic. Futures opend steady at
a partial advance of 6 points under cov
ering and higher European cables, but
turned easier us a result of continued full
receipts at primary points snd selling by
Importers, closing dull at a partial decline
of 5 points. Sales were 11,000 bags. Including
Julv at 3.55c, August at 3 70c, September at
$ 751C3 ,80c, October at 3.90c. November at
$ 95c. December at 4.20c, March at 4.40c, and
May at 4 60c.
Dry Goods Market.
NEW YORK. June 20. DRY GOODS The
market closed quietly for the week with
operations of buyers restricted to bare ne
cessities. The tendency of prices Is higher
but the buyer Is not to he cajoled Into
speculation b;' the prospect of being obliged
to pay more In Mie msr future. Curtail
ment Is Incressing In cotton mills through
out the ro'.rtry and slthotigh no agree
ment Is bel:ig entered Into, Individual cur
tailment Is becoming very general.
Wool Market.
NEW TORK. Jure 20 WOOL Firm;
domestic fleece, 28(t82c.
ST. LOI'IS. June 20-WOOL Good de
mand snd higher; medljm grades and
combing. 17Vu21c; light fine. IfcijlSc; heavy
fine. 12i(il5c; tub-washed. 19(j29o..
LONImjN. June 2. The arrivals of wool
for the fourth series of auction sales
amount to 218.518 bales. Including lJb.016 fo'
warded direct to spinners.
Oil anil Hosln.
SAVANNAH. June 30-OIL8-8plrlis of
turpenline. firm. 47c. Rosin, firm. A. B. C.
$1 55; D, $1 no; K. $1 OT.: F. $1.70; (, $1.75: H.
$2 25: I, $2 70; 1C. $2 85: M. $2y; N. $3.00;
w. a.. $2.10, w. w $i$a
SUPREME COURT SYLLABI
10060. giurdevanl ..mtliers against Far
mers snd Merchants Bank, Rushvllle, Er
ror, Douglas Former Judgment udliered
to. Jlolcomb, J.
1. The power of a corporation to make
valid contracis Is measured by Its char
ter; and the scope of tne aulhorll) ot Its
ofllecrs and agents acting for It Is limited
and n person dealing, with such corporation
Is rlmigcable with notice of such limita
tions. i. Where the cashlr of a banking cor
poration has attempted to obligate the bank
as a surely on a replevin undertaking In
an action between third parties in a con
troversy over the riRlit of possession of
the property replevlned, and there Is noth
ing In the record other than the act of
executing anil undertaking from which It
may be inferred thst the corporation was
Interested In the subject matter of the con
troversy, or that the undertaking was ex
ecuted with a view to furthering the In
terests and business of the corporation for
which it was created, the only presumption
fairly arising from such a state of facts
Is that the corporation has no interest in
the controversy and attempted to ooligale
Itself solely as surety for accommodation
of the plaintiff In the replevin action.
8. A banking corporation organized to do a
business the nature of which shall be
banking In all Its branches Including the
buying and selling of I'nlted States bonds
and municipal nnd other securities, the
loaning of money on personal and collat
eral security and slso on real estate se
curity on regular banking time, the buying
and selling of bills of exchange, promis
sory notes, mortgages, tax certificates, tax
titles and other business usually transacted
by a bank or banker," not being author
ised or empowered to pledge Its credit as
a matter of accommodation by executing
undertakings In Judicial proceedings, a per
son dealing with such corporation is not
warranted In Indulging In the presumption
that tho cashier of the bank Is authorized
to obligate the corporation as surety on n
replevin undertsklng In nn action betwehn
third parties, merely because under some
possible circumstances, the corporation
would be empowered 10 execute such under
taking In the furtherance of Its own in
terests and in the accomplishment of the
objects the power to perform which was
granted by Its charter of Incorporation.
4. Tho slgnlntf of such an undertaking
ns surety thereon by the cashier lifting for
the corporation in an action between third
parlies In which the bank to all outward
f.ppearanccs has no Interest, I not nn net
within the apparent scope of the authority
of the cashier in the performance of his
duties ns such officer.
5. The execution by Ihe cashier of a
banking corporation on behalf of hlB prin
cipal, of a replevin undertaking ns Mirety
In an action between third parties, although
it may not be illegal under any nnd all
circumstances, Is so much out of nnd be
yond the general scope of tne business of
such corporation ind the authority of the
cashier as to require those dealing with
the corporation and accepting and ac
quiescing In such undertaking as sufficient
tinder the law to see to It that the bank
was empowered and the cashier authorized
to execute such an undertaking.
6. The Judgment heretofore rendered In
this cause, Sturdevant et "al against Far
mers and Merchants Bank ot Rushvlllo,
et al, NebruHka, 17 N. W. Rop 166, ad
hered to.
The following opinions will be officially
reported:
10473. Youngston against Bond. Appeal
from Kearney. Former Judgment adhered
to. Pound. C, division No. 2.
1. Where a suit In equity Is to be re
garded as part of the proceedings for s-t-tlement
of the estate of a deceased person,
it must be brought In the county court,
which has exclusive original Jurisdiction 01
such matters.
2. Hence a suit by an administrator with
the will annexed for construction of the
will In order to enable him to administer
the estate properly. Is not maintainable In
the first Instance in the district court.
3. It seems that a distinction is to be
drawn between such a case and n suit by
trustees under a will after settlement of
the estate, to obtain a construction of the
provisions of tho will relating to their trust,
and that In the latter case suit must bo
brought In the district court.
4. Section 16, article vl of the constitu
tion does not preclude a county court from
construing n will In a vroper case, and de
termining the effect and meaning of a de
vise of land ro far as is necessary to give
proper directions to an executor or admin
istrator with the will annexed.
5. The construction of the will In such
a case is for tho information and benefit
of such fxecutor or administrator only. In
order to advise him what course to pur-1
sue. It adjiiriicates nothing beyond his
rights tod liabilities In the execution of his
oftlce: controversies between adverse claim
ants under the devise or between the ex-
editor or HuminisirHior hihj persona claim
ing adversely to the estate will not be
affected thereby.
12S96. Seay against Schrader. Error from
Otoe. Affirmed. Ames C. Division No. 1.
: 1. In a criminal prosecution the office of
the venue In a complaint Is to name the
place where the alleged offense was com
mitted nnd to phow that the court before
trhnm the Information Is laid has Jurisdic
tion to proceed. It is not an error fatal to
the Jurisdiction of the court to recite these
n atters in the English language, and no
particular form of words is Indispensably
reuisite for that purpose.
2. When, in a criminal prosecution be
fore a police Judge In 11 city of the first
class, governed by ehnpter xvlll of the ses
slcn laws of luol. It Is shown that the Judge
Is disqualified to act by reason of Interest,
bias or prejudice, it Is not erioneous for
the mayor to appoint a Justice of the peace
of the city to act In place of the Judce, as
provided by section 117 of that chapter.
3. P!aying at the game of base ball In
this state on Sunday Is forbidden by the
statute. Stnie against O'Rourk, 35 Neb.,
611. reaffirmed.
12067. Equitable Trust Company agnlnst
Omaha. Appeal from Douglas. Affirmed.
Kirkpatrlrk, C, division No. 1. Sullivan,
C. J., dissents.
1. While a purchaser at an execution snle
takes the real Interest of tho debtor and Is
not necessarily concluded by the appraise
ment, yet, where the amount of a tax lien,
which has not beer mentioned or Included
In the decree, has been deducted from the
gross appraised value of the property by
tho appraisers, und the purchase is made
for less than two-thirds of the gross ap
praised value upon the assnmpllnn that
such taxes are a valid lien, the purchaser,
taking advantage of the deduction thereof,
will bo presumed to have undertaken to
pay such taxes, and will not be heard to
dfny their validity in an equitable pro
ceeding seeking to enjoin their collotlon.
2. 1'lendings examined and held that the
Judgment thereon was properly entered,
was submitted below.
12156. Sanford agnlnst Anderson. Error
from Saunders. Former judgment vacated;
Judgment of (he cistnct court affirmed.
Hastings, C. Division No. 1.
1. A mortgage of a farm worth from
$6,000 to $8.0)0, which Is resided upon by
the mortgagor and embraces his homestraii
exemption Is entitled on an appeal from an
order confirming a sale, which did not 1
realize the full amount of the morteaice
and where the taxes are In arrears snd are
accumulating, to a receivership to take
charge of that portion of the prem
ises not embraced In the home
stead exemptions, the property being read
ily divisible and no objection being made
to the admeasurement of the homestead
made hy the trial court.
2. Former Judgment In this case vacated
and the order of the district court ap
pointing a receiver. Affirmed.
124HO. First National Bank against Avery
rianter Company. -Reversed. Duffle, C.,
Division No. 3.
Writs of attachment 1 issued In separate
suits of several creditors against a com
mon debtor were successively levied on
the same property. Motions to dissolve
these attachments were overruled and aft
erward all the actions were prosecuted to
final Judgment. From the order re
straining the first atnrhment and a
final Judgment rendered In the same pro
ceeding. Ihe defendant In attachment pros
ecuted error to this court, where the order
was reversed and the final Judgment af
firmed, but no appeal was taken from ths
order sustaining the other attachments.
Fending a review in this court the proerty
attached, belonrinc to the defendant was
sold to the first attaching creditor under an
order of sale Issued on the Judgment or
such nartv. rendered In the attachment
suit, and the proceeds applied on that Judg
ment, the other Judgments remaining
whollv unsatisfied. Held.
M.i That an action for restitution would
not He against the first in favor of the sub
sequent attaching creditors, hut that an
sctlon for money had and received could
be maintained to which the defendant
might Interpose a counter claim or setoff
(2.) That tne statute or umiiaiions oiu
not begin to run until the first atlach
men was dissolved.
2. The selsure of the goods of a third
partv bv the sheriff under an ordr of at
tachment is tortious sna niiHciiiTiH rreu
Itors who ioln with the slirlff In resisting
in action brought by such third party to
recover the roods become trespassers ab
Initio, snd Jointly snd severally liable for
s monev judgment renoerea merein in
favor of such third party.
I When such ludgment Is satisfied by
one of the parties, contribution will be
enforced, where it apfiears that the parties
acted In good faith and witho'M any In
tention of committing a trespass.
4. The baiil" of contribution In such cases
la the rullo the claims of thn several at
taching creditors bear to eacn otner.
5. A plaintiff will not be heard to com
plain of a defect of parties In a o,'i
claim where the record discloses that ths
omitted party Is equally iu:i.esar tu
determination of his own rstise of action.
12r;i. Western L'nlon Telegraph Company
gnlnt Village of Wakefield. Error from
lnxon. Reversed. Oldhsm. l Division No.
2. Sulllvsn, ('. J., dissenting
1. A village may impose a lensnnable oc
cupation tax upon telegraph companies
doing business within I lie village, which
have compiled wllh the telegraph laws
adopted by congress in 1866.
2. Such tax should lie so restricted as to
not include any Interstate business or busi
ness of the government of the United
Slates trans km ed by such company.
3. Where such ordinance imposes a tax
on the business of such company trans
uded for tho government of ihe fulled
States. It is in violation of the provisions
of the constitution of tho .United States,
and. therefore, void.
4. Western l'nlon Telegraph Company
against Fremont. 39 Neb.. 692. 68 N. W.
Rep., 416, examined, approved and distin
guished. 127o. Mate ngalnst Porter. Error from
Lancaster. Judgment. Sullivan, C. J.
Sedgwick, J., concurs separately.
1. Chapter 50, session laws of 1899. en
titled "An art creating a state registry of
brands and marks, a slate brand and mark
committee, providing for brands snd mnrks
upon live stock, and repealing chapter
tlfty-one (51) of the Compiled Htntutes of
1897," was In conflict with the constitution
and wholly void.
2. It was not the Intention of the legisla
ture by section 2 of chapter 5o aforesaid
to create a new office to be filled by the
secretary of state, b.it the provision In
said section authorizing the governor to
appoint three persons to act as members
of a brand snd mark committee was r.n
abortive attempt to add to the number of
executive state officers created by the con
stitution. 3. The legislature Intended that the sec
retary of state should retain for his serv
ices as a member of the brand and mark
cnmnlttee 2o per cent of all the fees re
ceived fcr recording brands and marks.
4. Money received by the secretary ct
state tor recording brands and marks under
the provisions of the act of 1899, wns not
received by virtue of his oftlce, but under
color of his office.
6. The sureties on official bonds do not
undertake to answer for acts done by their
principal tinder color of his cftlce, but only
for acts done by virtue of his office.
6. The state has no legal title 1
part of the fees received by the secretary
of state for recording brands and marks
under th? provisions of the act of 1899. but
that officer having. In collecting su"h foes,
assumed to act in an official capacity, the
!nw does not permit him, when called to
account by tho state, to deny that he s?
acted.
7. A genernl demurrer admits the truth
of all material facts well pleaded, but does
not admit conclusions of law.
8. Official misconduct Is not established
bv showing that trust funds have been
us.d by public olficer for the very pur
pose the legislature nnd the owners of tha
funds Intended they should be used.
12725. Rice against Allen. Appeal from
Holt. Affirmed. Klrkpn trick, C. Division
No. 1
1. The rulo that conveyances between hus
band and wife whereby creditors are de
'aved in tho collection of their debts will
b- closely scrutlnlif d, does not throw unon
the wife the burden of proving the good
faith of conveyances to her made by third
parties, where It Is not made to appear that
the husband purchased the property or
that his funds were used In payment.
2. Where a Judgment Is void for want of
Jurisdiction over (he person of the defend
ant the lntter may wait until an efort Is
The following opinions will not be offi
cially reported:
12159. Omnha Savings Bank agnlnst
Omaha. Appeal from Douglas. Affirmed.
Klrkpatrlck. C. Division No. 1. Sullivan,
C. J. dissents. Unreported.
1. Whilo a purchaser at an execution sale
takes the real Interest of the debtor, and
! not necessarily concluded by the ap
praisement, yet, where the r.mount of a
tax lien, which has not been mentioned or
Included In the oecree, has been deducted
from the gross appraised value of the
property by the rppraisers, nnd the pur
chase is made for less than two-thirds, of
Ihe frross r.ppralsed value, upon the as
sumption that such taxes are a valid Hen,
the purchaser taking advantage of the de
duction thereof, will be presumed to have
undertaken to pay such taxes, and will
not be heard to deny their validity In an
equitable proceeding seeking to enjoin their
collection.
12187. O'i'rlnn agnlnst Kluver. Error from
Pintle. Affirmed. Klrkpatrlck, C. Divi
sion No. I. Unreported.
1. In a cause tried to a court, a Judg
ment will not be reversed for admission
of incompetent evidence when the Judg
ment is sustained by sufficient competent
evidence!
2. Where n decree of foreclosure on be
half of plaintiff and various cross-petitioners
fixed the respective amount nnd
priorities of a large number of Hens, a
purchaser, on sale and confirmation of such
decree, lakes title to the land involved
divested of the liens of all parties to the
suit, although the money realised on the
sale mny be insufficient to satisfy the
Junior Hens.
3. Evidence examined and held sufficient
to sustain the findings and Judgment of
the trial court.
12319. First National Bank, Pawnee,
ngalnst W'lshard. Error from Pawnee.
Reversed. Commissioners. Division No. 1.
Unreported.
12050. Fidelity Mutual Fire Insurance
Company against Murphy. Error from
Greeley county. Affirmed. Oldham, C.
Division No. 1. Unreported.
1. Oral testimony may be Introduced for
the purpose of explaining an ambiguity in
a written instrument.
2. "Where an insurance company, with
knowledge of a breach of the conditions by
the Insured, fnlls to declare a forfeiture
of the policy, and continues to recognize
Its liability hy demanding proofs of loss,
It waives the defense based upon sti'h
breuch of policy." Home Fire Insurnnce
Company against Phelps, 61 Neb., 623. 71 N.
W. Rep., 3o3, folowed and approved.
3. Conduct of the trial Judge examined
and approved.
12716. Aultman, Miller & Co. ngalnst
Hawk. Error from Cuming county Re
versed. Barnes, C. Division No. 2. Unre
ported. Sedgwick, J., dissents.
1. The terms of a promissory note can
not l.e contradicted, altered or varied bv
evidence of a prior or contemporaneous
parol agreement between the payor and
the payee.
2 The answer set out In the opinion and
held, not to state a defense.
12M7. McCormlck Harvesting Machine
Company against Hlatt. Error from Gage
county. Affirmed. Pound, C, Division No.
3. I'nreported.
1. In case the allegations of an answer
are Inconsistent, the proper remedy is bv
motion to require nn election; unless such
a motion Is made, the objection is waived.
2. Where a person's acts are ambiguous,
nnd the effect thereof depends upon the
intention with which they were done he
may estlfy as to his reason for doing them.
3. A provision In a contract for snle of
a machine that It shall be warranted sc
cori'liur to the terms of s written warlinty,
contained therein, "without addition or
erasure, does not preclude an ajrem or
the seller from waiving such terms, or
some of them, after the machine has been
delivered.
4. Psrol evidence of a subsequent sgree
ment wherebv the seller made further and
different warranties. In order to Induce the
buver to execute notes for the purchase
price notwithstanding he claimed the orig
inal warranty was not complied with. Is
admissible.
6. An Instruction that a defendant has
the burden of proving the material alle
gations of his defense wlrhnut stating
what allegations are material. Is not to be
commended, hut It Is without prejudice
where a prior Instruction sets forth the
Issues raised by the defendant's answer
upon which the Jury are to pass.
158. Shenandoah National Bank n in Inst
C.r.ivafte. Error from Douglas. Affirmed.
Albert. C Division No. 2. Unreported.
1. Where the signature of a person Is ob
tained to a promissory note, which he Is
unable to read, hy false and fraudulent
representations, whereby he is Induced to
believe that he Is merelv signing a receipt,
the note cannot be enforced, even In the
hands of a bonaflde holder where It ap
pears that the maker was without any
fault or regllgence In signing the Instru
ment 2. Where the fri.ud In obtaining the sig
nature of the maker Is established. It Is
si ftictent for the msker to show that ha
was free from fault snd negligence In sign
ing the Instrument, and he Is not required
to show that he Is not chargeable with
"misplaced confidence In others' Dins
more v. Sfimbert, 12 Neb.. 4T.3. modified.
12S64. Gardner ngalnst Hagermnn. Error
from Red Willow. Affirmed. Duffle, C.
Divlsiot. No. 3. I'nreported.
12v;. 'i i.-hv sgalnst Slmerek. Appeal
from Saline. Affirmed. Barnes, C. Divi
sion No 2. Unreported.
1 Evidence 'on'slned In the bill of ex
rentloiis examined and held that the con
sideration for the conveyance sought to be
set aside for fraud and undue Influence was
adequste.
2. In absence 0 frsud or undue !nfluence
mere Imbecility or weakness of mind will
not avoid a contract or deed.
3. The fact that u physician Interested in
the conveyance sought to be set sslde gave
the person who made it professional treat
ment some two months be'or the transac
tion eompis'nd of took p!:ce, end again
ahout four m nths thereafter. Is not suffi
cient to 1 stablmh Ihe existence of the con
fidential relntion bf mysiclan and patient
at the time the -vmveyanoe was made.
4. Held, that t'e decree of the trial court
onnfn-tna to the '.indlngs and should be af
firmed. U,7u. Farmers and Merchants Bank of
Hiivrlork ai-alnst Wilson Error from
Lancaster Reversed Oldham, C. Divi
sion No. 1. Unreported.
i In in action by a trustee in bankruptcy
of the bankrupt
reference gl efv
flllng of a petf-
law the amount of a pr
within four months of the '
tlon In bankruptcy, held, error to Instruct
the Jury thst It is sufficient to' prove tbnl
the defendant had rreosoluiM cause lo if
lieve the bankrupt was insolvent "or t h: t
It wns acquainted with fnds as to the con
dition of said company that would Jead to n
reasonable doubt of its Insolvency."
made to enforce the Judgment before In
stituting proceedings In have such Judg
ment voided or set aaldei
8. A Judgment wns rendered against the
defendant In D county without service t.f
summons upon him. It wns trnnscrlptcd to
H and other counties and allowed to be
anntles and allowed to be
l'roceedlngs of revivor
d In D countv and defend 1
llv served with notice, buif
ppearance. The Judgment
come dormant
were commenced
nnt wns persona
after revivor was transcrlpted and matl
the basis of sn action In tho nature cf n
creditor's bill In H cmnty. It appeared that
the Judgment was not only w holly void, but
tint defendant was not Indebted to the
plaintiff st the time of its rendition. He'd,
that the Judr.-.ent was a cloud on the title
to defendant's Isnds which a court of
equity has power to remove.
4. Where a Judgment, apparently vslld
upon lis ftce. Is void for want of service
upon the defendant, and subsequently such
Judgment becomes dormant, it Is nnt vsll
dtted by personal service upon the de
fendant of sn order of revivor to which no
appearance Is mad
5. Evidence examined snd found suffi
cient to sustain the findings and Judgment
of the trial court.
1281S. Hraasch ngalnst Cemetery Assocli
Mon. Error from Madison. Affirmed,
tiarnes. C. Division Ko. 2.
1. A court of equity will enjoin the use of
n tract of land for cemetery purposes so
situated that the burial of the dead there
will Injure life or health, either by cor
rupting the surrounding atmosphere or the
water of wells or springs.
2. A burial ground near dwellings Is not
necessarily a nuisance snd the court will
only Interfere and enjoin Its use on esr
and convincing proof of probable Injury.
8. Evidence examined nnd held Insuffi
cient to sustain an Injunction.
12831. Dodge County agnlnst Dlers. Error
from Dodge. Reversed. Pound, C, Divis
ion No. 1
1. In the nbsence ot a statute, a county
Is not liable for necessaries furnished to
persons not pnnpers while quarantined In
their residence for the time being.
12S4S. Ciusen against Pruhs. Error from
".ancaster. Affirmed. Oldham, C. Division
No. 1. Sedgwick, J., concurring specially.
1. Infants have a right to sue by guardian
or next friend to recover damages for In
juries cone to tho person by tho tortous
acts of another.
2. A preponderance of the evidence Is suf
fiolent to prove an issue In civil action for
assault snd battery.
3. A parent, or one standing In the rela
tion of parent, is not liable either clvlllv
or criminally for moderately and reason
ably correcting a child, but It Is otherwise
If the correction Is Immoderate and un
reasonable. 4. It Is a question of fact to de determined
by the Jury whether r.r not the punishment
Inflicted was under nil tho circumstances
and surroundings reasonable or excessive,
5. Held, that the emission to write ti e
word "given" on nn Instruction, signed bv
tho Judge, read by him to Ihe Jury and fie.
llvered with tho other Inst ructions for c.r.
slderntlon In the Jury box, does not consti
tute reversible error.
6. lntriietlons examined nnd held not
prejudicial.
7. Action of the trial court In the admis
sion and exclusion of evidence examined
and held not prejudicial.
8. Where it Is averred that the ptrent h-td
ne.oessnry means to provide food and cloth
ing for a child nnd failed to do so. such nl
leaatlon not being admitted. It l proper to
admit proof of the financial ability of the
parent to so provide, when such ev'dnnee
In restricted by Instruction to this purpose
alone,
9 Evidence examined and held sufficient
to sustain the verdict.
12856. Downing ngalnst Hartshorn. Ap
peal. Buffalo. Reversed Instructions. Pound,
C. Division No. 3.
1. A wife may claim a homestead In a
life estate held hy her husband.
2. Where a tenant for life pays off n
mortgage or other charge upon the entire
estate, he Is presumed to do so for his own
benefit, and may preserve nnd enforce the
lien for reimbursement over nnd above tlio
proportion of the debt which he is hound o
contribute.
3. But his right to preserve and enforce
the Hen exists for the purpose of reim
bursement or contrlbu'lon only, so far as
his estate or Interest Is concerned; In the
absence of Intervening Interests or other
special circumstances making siwii result
Inequitable, the Hen Is extinguished, end a
subsequent assignment or the whole eharg
Is, In substance, the creation of a new In
cumbrance therein. . . .
4. The inottgMge or other charge upon the
entire estate ray be "xei.t alive ss to the
individual enas or Ititfest of the person
payine It off v takl-.e; an s'slpnmetit.
t. If In et-ch a caee. however, the preser
vation of the I'.en ss to such estate or In
terest would operate fraudulently or In
equitably. It will not he permitted, nnd tho
Von will be deemed extinguished n fnr ss
it ei.vered and to the proportion ohargeshl
upon the Indlvldiinl estate or Interest of the
person raying It off.
8. A husband, holding a life estate In
property of a former wife, married again
end continued lo occunv It as a homestead.
The property was subject to n mortgse-e.
which he paid, tnklns- an assignment. Af
terward he reassigned the mortgage to the
plaintiff as security for n new debt. Hh
wife did not J-Mn In the assignment. Held,
thit this amounted to nn Incumbrance of
the homestead, and-thst the mortgage was
nnt e"foreible. as ngalnst the life estate.
7. This rule that a tenant for life who
buys In nn outstanding Incumbrance Is re
gnrdert ns holding It for th benefit of th
reversioner as well as for his own benefit,
means only that he will not be permitted
to acquire an adverse title by or throueh
such purchase or otherwise cut out the
reversioner's right of contribution without
affording- the latter an opportunity to re
deem. .
8. Hence It will not onernte to prevent
assignment of the Incumbrance to a third
person nnd a foreclosure suit bv the latter
to reoulre the reversioner to redeem to tHe
extent of his pronortldn and to subject thr
property to satisfaction of the Incumbrance
In defui'lt thereof.
1?s9. Rnvder against Gross. Error from
Psline. Affirmed. Duffle. C. Division No. 3.
1. A Justice of the peace has no author
ity 'to sccept monev in lieu of the ball re
quired by section T.n or tne t riminai . oon
and in case he does so his bondsmen nre
not liable for Ms failure to properly ac
count for the same.
12879. Davis against Lambert. , Brmr
from Nmaha. Reversed. Ames. C. Di
vision No. 1.
1. The weight nnd credlbllltv of fes'l
tnonv are to be exclusively determined bv
the .lurv and an instruction thst "evidence
ss to the genuineness of hnndwrltln l
renerallv regarded ns of weak and unsat
isfactory character" is erroneous: nnd It
is not less so because of th" fact that there
Is such evidence on hoth sides of the Issue.
Forelirn Financial.
LONDON, June 21. Business on the
Stock exchange closed fairly firm Satur
day, after a quiet week, transactions being
largely confined to professional - trading.
The reduction In the bank rate Is used as
a keynote by the financial writers for more
hopeful prognostications regarding me mar
ket. The American situation continued to
be the center of Interest antf It was pointed
out that tho liquidation has probably
reached a low point a 11 J tho nltuatloh
must respond to the excellent commercial
showing of the United Slates.,
Manchester Textile Market.
MANCHESTER, June 21 The prominent
feature of the doth market last week was
lis inanimation, offers being seldom ac
ceptable. Users of finishing cloth placed
a few small lines to keep up their supply.
Eastern staples were practically unsalable
at the ratns required and the shirting trade
was much depressed. Yarns were also In
active, the users pi.rsuirg a hand-to-mouth
policy, and he spinners complained
bitterly of the difficulty of selling even
their reduced output.
(Ml Market.
Oil, CITT, June 21. OIT-Cred t bal
ances, $1 60; certificates, no bid; shipments,
100.667 bbls.. average 76.9'2; runs, ftl.nf.4 bbls.,
average si.ira; snipments, i.ima tii.iwj bbl--..
average 70,01; runs, l.ima b3,S2j bbls., a
age 58,893.
trbamberlaln'n NtoniarU
Liver
Tablets Better Than Fills.
Ta question hss been asked, in what wt
are Chamberlain's Stomach and Liver
Tablets superior to pills? Our answer la
They are easier and more pleassnt to
take, more gentle and mild tn their, action
and more reliable, as they can always be
depended upon. Then they cleanse and In
vlgormte ths stomach and leave ths bowels
!a a natural condition, while pills are more
harsh In effect snd their use is often fop.
lowed by constipation.
PRIVATE WIRES
GEO. A. ADAMS GRAIN CO.
GRAIN, FW0VI5IONS AND
STOCKS.
224 Bourd of Trude Bltlg., Omaha
'Phones lMt snd lul7. Members all prln.
clpal exchanges. Write lor our dilly itr
kt letter.
to recover tinder section 80 o
1
