Omaha Daily Bee Newspaper, January 19, 1903, Page 6

| ¥ i { ] ! MINING IN THE BLACK HILLS Baby Boom Develops in the Bare Butte District. IN THE FLAT FORMATION RICH ORES Wwelve-Foot Veln Found at the Port- land Mine Which Creates a Sen- sation—Big Mining Deal Under Way, GALENA, 8. D., Jan. 18.—(Special )—Since | the first of the year there has been quite | & boom in the Bare Butte mining district and several propertics are being worked on which it had caly been intended to do the annual asseesment. The Cooper ground on Ruby gulch, in the lower end of this eamp, 18 now taking out ore for shipment, a rich shoot of silicious ore having been struck in the flat formation. Th: work hereto- fore done on this group of claims has been on the ore verticals, of which there are three In the group. All of these verticals have been prospected for depths ranging | from 125 to seventy feet and in former days quite an amount of rich gold ore has been shipped from them. The ore in the fiat formation, while known to exist, had not been worked, all the work having been put fn on the verticals, but the prospecting Wwhich was done before the first of the year showed this ore to be as rich as that taken from the verticals, so after the assessment had been done development of the shoot was continued and the ore s belng sacked for shipment. The property is owned by Mrs. Ludlow of Galena and James Galvin of Sturgls. Portland’s Rich The mensation of the hour in the camp is the rich strike which has been made in the | Portland mine, a short distance above the Cooper ground in Ruby gulch, and owned by the Ruby Mining and Milling company. Tha strike was made in a drift which had been started from what is knuwn as the eouth tunnel and which was following along the course of a vertical cut by the tun- nel. The drift had been driven in about sixty feet on the vertical when the rich ore was struck. It fills the face of the work- ing and appears to all carry free gold. The weln at this point has been crosscut and is about twelve feet wide. Besides this verti- cal & number of other ore bodies have been exposed and developed on the Portland, ail ot which are free-milling and carry good commerclal values. The company has ar- ranged for the erection of a mill in the spring for the treatment of its ores. The company is a close corporation, the stock being held by a few people and none of it is for sale. Shipments of ore are belng made dnily from the Crown Point mine, on Strawberry, and arrangements are belng made to in- crease the output of the mine. The ore is @ porphyry and the work Is being done in an open cut on the side of a steep hill. The deposit is an immense one, but the rich ore Is confined to a narrow streak about fifteen feet in width and this carries bigh values. The entire hill prospects and with & big plant operating on it almost all of the material would pay to treat. The ore s an ideal one to treat by cyanidation and it is sald that the owners of the ground are considering a proposition to erect a plant In the spring. At present the ore is being shipped to the Rossiter cyanide plant in Deadwood for treatment. May Start Its P Strike. The Unfon Hill company {s running a tunnel on the Emma mine, situated In the | heart of Galena, and is getting out some very good ore. This is one of the mines from which, when the company was op- erating soveral years ago on an extenslve acals in the district, it produced its rich. est ore, and which would have paid hand- somely. The company owns a stamp mill and a smelter in Galena, and it is rumored that, should developments on the Emma warrant, it will make some necessary changes In the plants and again start them wp. Shipments of rich silver-lead ore are being regularly made to the smelter in Deadwood from the Monarch mine, which is bolding its own in the matter of pro- duction, although but a small force of miners is employed getting out ore. The Golden Crest soventy-flve-ton cya- nide plant Is running regula-ly on ore from the property and will make ts first cleanup in a few day Work In the mines of the company hi exposed eeveral new ore shoots, all cf which carry fair commercial values, and the ore supply now on hand and in reserve is sufficient to keep the present plant running for years. Other Prosperous Companies, The Redwater Mining company, on Two Bit, has had a large force of men employed Golng the necessary work on its ground, preparing the different claims of the com- pany for patent. The company will shortly begin active development work on some of ts mines. Work will be resumed on the Sandy and Rattlesnake mines next week. These mines last spring and summer shipped a great deal of high-grade ore to the Deadwood treatment plants, they being at that time worked under lease by Bart Harris, who agaln taken them and who will again get out ore for shipment. The Dakota Maid and the Gllt Edge, the two most famous mines In the district, which have been idle since last fall, are again being prepared to start up. Both were clused down on account of legal difi- culties, which have ncw been settled. The Apaconda Miping company, on the dlvide between Bare Butte creek and Elk croek, has received a hoist capable of lift- ing material from a depth of 1,000 feet, ana 1t s belog moved over to the property and will be In running order in about a week. The company Is golng down on a strong vertical of ore, which carries values rang- ing from $18 to 325 & ton gold. The ore is free milling and similar to that founa in the Clover Leaf. Groshong Bros., in the same nelghborhood, are doing assessment and development work on their property and the results are very encouraging. They are sinking on a twelve-foot veln of free milling ore, Bilg Deal Under Way. DEADWOOD, 8. D.. Jan. 15.—(Special.)— T. W. Bradley, president of the Bunker Hill-Sullivan mine, the most extensive min- ing corporation in the Coeur d'Alene coun- try, has been in the Hills for the last week and it 1s rumored that his purpose here is to purchase the control of the Dakota Min- ing and Milling company, together with the | interests of the Portland Mining company The deal, should it go through, will be one of the biggest that has over been con summated In the Black Hills, tor it will mot only take In the extensive treztment plants of the Dakota company In Dead- wood, but will include several bundred acres of the most valuable mining ground on the west slope of Bald mountain. This sround has been producing for over a year, and within its lines are some of the richest mines on the siliclous ore belt. The plant of the company in Deadwood has a dall capacity of 200 tons, and it has paid ever since its starting up, almost two years ago. The deal bas bden pending for several months, and during that time the work of gathering the control of the stock has been going on, and it is now held by a few people, ‘who, It is said, will realize hand. somely from their investments. The Port land deal, while connected with the pre ground of the Portiand adjoins the holdings of the Dakota ft has been thought best to inelude it in the purchase. The money con- sideration which will figure in the trans- action 1n a heavy one and will approximate $1,000,000. Mr. Bradley ia one of the best mining men in the west and ihs manage- ment of the Bunker Hill-Sullivan mine proves that Timber for a Sawmill, The Lucky Strike Mining company, oper- ating in the Germania mining district on Elk creek, this week began the hauling of timbers for the erection of a wmill on its property, which will be utilized for the purpose of getting out timbers and lumber for the treatment plant which It will erect this spring. The main working shat{ of the company, which was started some little time ago on the property at the junction of two verticals of ore, is now down sixty feet and going deeper every day. The ore through which the shaft {s being sunk fs | free-milling and of a fair grade, but it is believed that the quality will grow better as greaier depth Is attalned. A tunnel which was started on (he Bird vein, one of the mines of the group, is In 225 feet, and | it will be sorted and stored for treatment when the company completes its plant. A little work {s being dono on the other claims of the group, and in many of the openings good showings of ore have been made. The veln on which the double com- partment working shaft is going down has been crosscut and shows a width of twen- ty-four feet, while that of the Bird mine Is from twelve to elghteen feet in width. | / Both are verticals, and it is thought when the shaft reaches the same depth on the | t vein it s golng down on as has been gained | dation of its workmen and officers, and al- though it has a good force of men employed at the.present time it will increase the PENSIONS FOR WESTERNERS the Wars Generously Remembered by (he General Government. Survivors of WASHINGTON, Jan. 18.—(Spectal.)—The following pensions have been granted: Issue of December 24: lowa: Widows, Minors and Dependent Relatives—Sarah E. Brown, Hamburg, $3; Hannah Roberts, North English, 3. South Dakota:' Widows, Minors and De- pendent Relatives—Lovina Holgeson, Baldle, | ¢ . | Issue of December 26: Nebraska: Increase, Relssue, Etc.—Wood- ford F. McAdams, avenport, $8; Charles Morse, Lynch, $13; Willlam 'W." Bowling | ! (war with Spaln), Beatrice, 812, lowa: Increase, Reissue, kitc.—James P. Vorhies, Lucas, $. Issue of December 27: Nebraska: Widows, Minors and Depend- ent Relatives—Amanda M. Mathews, Ge- neva, $§; Amy Haskin, Stuart, $8; Annette G. Rumsey, Beaver Crossi fowa: Original—Willlam ceased). Prairieburg, $12. Increase, Relssue, Ete.—James Brunekill, Dubuque, $24; Thomas Larkin, Cedar Rapids, $12; 'Emery 8. Robinson, Truro, §17; George Washing- ton Wales, ‘Mystie, $24. Widows, Minors and Dependent Relatives—Mary Rourke, Prairieburg, $; Mary C. Ko, Councii Fouts, Bluesprings, $10; Michael Felthauser, Nebraska City, g Towa: Increase, Relssue, Etc.—Jacob Mitchell, Minburn, $10; “'ll§lm E. Brown, Unlonville, §14; Alexander Jones, Nash $24: John A, Brownfield, Des Moines Michael lialaney, Cambria, $1; Or Howe, Rochester, $6; Samuel Racey, ton, . Issue of December 30: Nebraska: Increase, Reissue, Etc.—Evan Wyman, Omaha, $12. 'Widows, Minors and Dependent Relatives—Lavinna M. Arm- strong (Indian wars), Rising City, $8. Towa: Original—Willam W. 'Thornton, Indianola, 8. Increase, Reissue, Etc.—Na- thanlel Aty, Coggon, $i2. Widows, Minors and Dependent Relatives—Emma Craven, Macedonla, $8; Barbara A. Varner, Musca- tine, 3. South Dakota: Incre John Thurston, Lebeau, Issue of December 31: e, Relssue, Etc.— €12 Untonville, $14. Issue of January Nebraska; Original-—George L Van Camp, $; Stuart H. Tucker, Cumberland, $12; James Bowersox, Davenport, $10; James H. Tallman, Harlan, $12; Smith M. Child, Dun- Chase, Thermopolls, $10. PASTOR FIBS TO SAVE PANIC Cuts His Sermon Short When Theater Fills with Smoke. CHICAGO, Jan. 18,—You will please par- don me for stopping in the middle of my possible to continue. Kindly pass out at the conclusion of the benediction and pro- ceed to your homes without the usual clos- ing services. den termination and passed out of the | building quletly, not knowing that the pastor had dismissed them suddenly to avold a panic. The theater was rapidly flling with smoke when Dr. Gaunsaulus brought the services to a sudden close. | The trouble was found later to be with a Ve expect to settle our holdings In Clay county with factories and rallway yards. There will be an industrial district there that will be a source of pride and profit to_&'1 concerned. This industrial villaze will be developed and a great raliroad center built across detriment or ence of Mr. Bradiey in this section, is separate from the Dakota deal, but as the the river and without any handicap to the growth of the territory tributary to Kansas City. ng, §. 0. Rourke (de- | the, Bluffs, $8. ble: South Dakota: Original—John C. Horner, | in G Maldson, $. | Issue of December 20: Nebrask: Increase, Relssue, Etc.—~Davis ope STOCK MARKET UNCERTAIN Improved Monetary Conditions Cause a Better Undertone NEW ENTERPRISES DEMAND MUCH MONEY There is Little to Spare NEW Clews, In his weekly market letter, says ent for Purposes. YORK, Jan. Speculative S0 Much is Needed for These Purposes 18.—(Special.)—Henry The stock market is pursuing a somewhat uncertain course. general | movement meet with only The real powers in the market seem averse to encouraging any violent bull at_present permitting a but upward They seel decline perfectly willing t level, m e of a pern; market fn which values will gradus their natural A decidedly better under- tone prevalls, owing to improved mon conditions, but all attempts to crea aggressive ary any speculative linMted success. peculation ally averse to ny consequence, fluctuating liy find but maintained they certainly possess immen steadying powers and are o of tive ¢ Lower Money Rates. for 120 feet of this distance follows along | servative control of the market by power: ve ul Interests is the striking feature, and the footwall of the vein. Crosscuts have | il "Vre respects it app to be a natural been started in one or two places In the growth of th ey of concentration tunnel and as the ore Is of a good grade, | which hag been going an for the last few o | years. ‘hatever may be eald of the vast golng from $12 to $16 free-milling per ton, combinations recently cteated, so long heck pon_violent fluctuations, though incapable preventing ordinary ups and downs. As to the monetary prospects, the indica- April fon he he lated of labor at guod wages. ments, should be fairly clear safling, if of one-year 8hore, {ndorsed b, the large Issue o notes on a 41 per cent basis twelve months ago. serves should show tion is improving. tinue to show gratifylng gains, stll phenomenally heavy, and, in spite of great additions rallroads remain unable to properly handle the enormous amount of fre'ght upon_ ther. country is golng along at high-w us & ru fullest is steaming at high pressure with Industrial development, the only source of rrrm]fluvt late markets. the forelgn markets uneasiness owing to internal politic: w,'but there has been a partlal r-covery ermany from the industrial depression Great Britain much more confldent temper is displayed. Prostration following the Boer war {8 grad- ually disappearing, and Britieh enterprise shows symptoms of revival. changes have not expressed themselves In any return of deman distrust of American financing still being decp-rooted ‘with the forelgn investor, prolongation of activity on this side of the Atlantlc may, opinion, especlally as we have largely re- duced our indebtedness abroad and shown very recently striking ability and resource- fulness in meeting a crisis. Anti-trust _and tavorable of 11 and 1902, ances. investor, no sho settlements and For the next is kept within notes at number within the next two weeks, and ('or)n(-rnlnnn lnnnes are considered tow rush the openicg of the two principal velns. | 7 consldered towers of for mone than they w tions are for lower rates than prevailed during the last three months of 142, 1 the crop demands as: appear to be il rt themseives there als ahead save the the July disburee- nine “months there specula- reasonable limits, New Pennsylv r_cent 4 in vi ahead A eteady rise during the next few weeks, and the tendency ought to be towards easier rates; but it {s plain there will be little to spare for extravaj speculation have Nevertheless, the supply of loanable funds 18 not likely 't prove over abuniin: ih on that on which the tunnel has been | demand for chpital from new enterprises driven, that its values will equal those of | is endrmous. and, the "Inelasticity ‘of our the latter, currency system tends to encourage firm e fasar. The compeny has bullt ofoes | SICFCH. ST bery SEIACKET. Copiite bhin and houses at the mine for the accommo- | recently oceurred—the floating of $25,000.000 by Lake ew of rk Central, and anla_equipment Hoth of these the highest credit and s of financlal strength, | 1 per cent. mor | done | The fact Is there are | immense amounts of corporation paper held by strong institutions; and. big deals contemplated or in progress, there | is little probabllity of any superabundance | of funds for some time the lank re- Stock Market Improves. In other respects the stock market situn- are of course, lmit. In fact unchecked. whol, n rolling stock, ant Rallroad earnings con- traffic is the preasing r is any letup in sight this means that the industrial activities of | Consumption ter mark, stimu- | by the active employment Production also, belng cartied on up 'to the e cou Forelgn Market Better. Some improvement can also be noted in and to France has in All the ntr. being the declining profits of business afd over-expansfon i From the latter trouble we are now fortunately recovering. the financfal own rou- a Thus far these for American stocks, however, change tarift agitation the stock market. nts connected with the coal crisis also calculated to create are A foreign not Recent political distu These are influences on which the that ma and especially must keep a close watch. fessed, also, cessively Figh and not vestments while present level money ny the igh-priced stocks will have to yield, Interest in the American dep ! tered on Eries on rumors, denials of which | apparently not deterring speculations. as heavy shipments to the road fupplies were generally striking feature of the week was the covery in the shares of ocean companies _on alded na dividend paid by the North German Fore than th ainst 6 per ors had_expe Was 6 per cent The econd feature the strength of the coal shares as of the coal scarcity | opportunities for quick turns. announcement at banquet last night at Johannesburg changes | several strong features last the market was disappoint of Finance Rheinbaben's g ances on the business situa estimates in the Frussian budget for rail- were expected, maintained las " of Financial, 18.—Business during the we announcement dividend of the Hamburg-America Packet company would reach s nt L year sermon, but 1 wm suflering from sn old | 3 pet cent. The statement lesu amburg company that the outs injury to my Rip today and flnd it im- | LTt nad greatly improveq nt the m exception u on and i The' navigs that where ted a dividend of on ed by th arket A T speculator, It must be co stocks see very attractf continue: If money remains dear these ex- e in- its un- Nebraska: Increase, Relssue, Etc.—Joseph | jess better dividends are in sighl. On the Drawbridge, Oconee, 8. Widows, Minors | other hand, there are plenty of stocks and = Dependent Relatives—Elizabeth A. | which have not had an advance corre- Graves, Peru, $12; Margaret J. Moore, Bter- | gnonding to their improved condition. By ling, 85! careful discrimination such stocks can be lowa: Increase, Relssue, Etc.—John Van | picked up at a profit, for we are Miely Dorn, Boone, $1; Richard D. Voorhees, | to have an irregular market offering good was of firm on re- of the loans and a Redcloud, ncrease, Relssue, Etc. DON, Jan. Horace Baker, Decatur, $10; Benjamin ¥, | | LONDOMN. Jan. 18- Business dur Mundorf, Lincoln, $10; John W. Moster, (228t week on the Stock Chester, ' 88 Theodore’ W. Allen, Geneva, | Jipout (foature, with the $17: George Pixley, Alnsworth, $12; Law- | SAWr% WA WEE EEy o G, T oI rege e 2oz | the war contribution of Colonial Secretary and Dependent Relatives—Caroline L. Arn.- | | hamberlali's official agost. Rising City, 38. the figures of the government loan by e i fiates 0. Thompaon, Kirk £5000,000 and. brings® the total up 1o ville, 3; 5. Dray (war with Spain). | £66,000,00, but the dcfinite announcement | e o e Ciorirort | doubtiess’ will have a beneficlal effect on | a‘l-ufl" Finton. 130, Joseph G Bawtell. Calo. | tomorrow's opening. Consols weak- | , Gee. Vinton, $30; Joseph C. Bawtell, Colo. | eneq slightly in anticipation of this loan. rtment cen- The lap. 8 Peter Tompking, Bellevue. $2:|remainder of the American list was ir- Joseph J. Nedd (war W‘;hgf-’"‘)f CK*",“";"; regular, a'though Saturday's closing showed Eivira Richardson, Miles, Hannah | &0V ok K wna Qub, buv with n tondener Brown, Albla, $5; Annle D. Burdick, | 1o ymprove. Money remains scarce and is | J'\'\Vy”‘;,fi}..« Thotbtan Matdtre. WMo idiase [LENIY to continue so until the end of the | H h off o " | financial year. tn L. Hoicomb, Bahner, ;' George B. “BERLIN: yan 15—The bourse tter- values most re- atfon eam nt, the ard freight pugh d States aleo the recovery. The foregoing ar nouncement carried the shares of all ocean dpation companies up strongly . the | Hamburg-American gaining 5.40 and North smen ‘he earnings | and vi last In this way Rev. Frank Guusaulus dis- | German Lioyd 16, but vesterday a B ‘s | News agenc ounced tha mismed the congregation of the People's | this yen‘r of the North German Lloyd com church at the Studebaker theater. HIS | puny would be 15,000,000 or 10,000,000 marks, suditors, who had listered to the first part | a8 against 190000 marks last vear of the sermon, were surprised at its sud- | the CORPARY, WS BIODLNY DErsing o was esult United Btates. the abolition of the coal duty in country and the large shipments of E lish coal to the United States. Coal oper ators argue that there MANCHESTER, Jan The cloth market' showed & strong tor wevera! Dey € directions last arters were will odn Mz w mo LRY tly H00DS— r ‘n.n, on New York portant business has been executed lat:ly wuu ssllers wre more lndependent. The ad- in van. different opinfons regarding the immediate | result, some persons maintaining it has chec business, while others declare it has brought business out. In some dir tions much buying has resulted from nec sity of panic, others are resisting the bigher rates and prefer to wait. Many of- ‘ers were impractical. A good market pre- valls, however, and considerable business has franspired fn all descriptions of China | staples. Tha Calcutta turnover improved the demand and the smaller outlets are healthy. Yarns fmproved in inquiry and | the turnover was fairly satisfactory PLAGUE DRIVES MAN MAD Over One Hundred Die At Masatian and Many Men Are Stek. MAZATLAN, Jan. 18.—There have been 107 deaths from the plague since January 1. The deaths on the 15th numbered seven [and many new cases were reported. The number of wooden houses burned is 106. | Two coaches in which plague-stricken | | people sought to escape from the city will | be burnea. | A young workman's mother died from | the plague at the family's house. Some | sanilary Inspectors entered the house and | took possession of thé corpse and the young | man was sent to the department of obser- vation. His wife and sister were absent at the time of the inspector's visit and after- | ward disappeared, fearing they would be taken to the lazaretto. This morning one of the women was found dead from the | plague and the other has not been heard of. | The young man has not been attacked, but has become insane. Most of the women of the higher class have left the city and hardly any women | are scen on the streets. Trade fs reduced to the lowest terms. Great disappointment is felt at the non- | arrival yesterday of serum on (he steamer | from Guayamas. | PANTHER SHELLS SAN CARLOS| | German Crulser Romb rds Venezuelan Fort and Recelves Fire in Return. MARACAIBO, Venezuela, Jan. 18.—The German cruiser Panther shelled Fort San Carlos at the entrance to Lake Maracaibo | | yesterday afternoon for one hour. The fort returned the fire with four guns. Panther then withdrew in the direction | | ot Curacao. | _ Fort San Carlos is twenty-two miles from | Maracaibo and commands the entrance to | the lake, or inner bay. The following offi- | einl report has been fssued by General Bello, the commander of the fort: | Yesterday afternoon at 12:30 o'clock San Carlos was attacked and shelled, without any provocation on our part, without pre- vious notification or the dellvering of an ultimatum, by the German cruiser Pan- ther, which tried to force the entrance. After a fight lasting an hour, during which the fort used only four guns, Panther was | obliged to abandon the fight and retreated in the direction ot Curacoa. The fort has suffered no damage and only three men were wounded. [SEEK TO MINE_MORE SILVER | Mexican Proprietors Buy Machinery to Increase Store of White Metal. MEXICO CLTY, Jan. 18.—The low prica | of silver has not caiised any diminution of | jactivity on the part of the silver mine | owners, who are buying new machinery, | improving thoir plants and broadening thelr | fleld of operations to Increase the output. American firms here dealing fn mining machinery report an active businees, and their office forces and shipping dapart- ments are pushed to the utmost. PLAGUE SCARE CLOSES PORTS Ecuador Refuses Harbor to Ships Ar- riving from Mexico or Panam GUAYAQUIL, Ecuador, Jan. 18.—The Board of Health of Guayaquil has decided to close the port to steamers from Panama or Mexican ports owing to fear of the plague. This measure was taken when it was learned that steamer Acapulco had ar- rived at Panama from Mazatlan, Mex. Yellow fever is causing from five to six deaths a day in Guayaquil, WILL EDUCATF ROVING SONS Italy Will Teach intending Emigrants Enough to Get Them Into Americn. LONDON, Jan. 18.—In a dispatch from | | Rome the Dally Express says the Italian government has approved a plan to spend $200,000 a year on the education of Neapo- litans and Sicillans intending to emigrate to the United States in order to prevent their rejection by the American authorities PRINCESS" CHANGES NAME Saxony's Eloping Lady A of Madam Ger: 1o Mentone, MENTONE, France, Jan. 18.—The Crown | Princess of Saxony and M. Giron, with whom she eloped, have arrived here and intend to stay two months. They have taken the name of M. gnd Mme. Andre Gerard. T ® In the price of cotton has provoked | tachment the only jurg | money to recover damages on_account ment district court fe authorized tc which the render and enforce is a judgm firming or revers ing the order of the justice and taxing the costa Incident to such proceeding 8. Section 601 of the Code of Civil Proced ure, which declares that when the judg ment of a justice of the peace shall be reversed the cause shall be retained In the district court for trial, has reference only to cases which have been entirely disposed of by final order or judgment, and which may be again tried and determined 12500. Hendricks against Fremont, Eik- horn & Missouri Valley Rallroad comp Error from Saunders Affirmed. Duffie, ¢ division No. 3 1. A raliroad company is not llable for Injurfes caused by a team taking fright at the ordinary operation of a_train upon its road. Chicago, Burlington & Quincy Rail road company against Roberts, 91 N. W Rep., 707 12309 Portsmouth Savings bank against City of Omaha. Appeal from Douglas. Af- firmed. Hastings, C., division No. 1 1. A petition in substantial compliance with the requirements of law, by the own- ers of a majority of the foot frontage of lots abutting upon a street, which is pro- posed to be repaved, is a necessary pre Tequisite to any jurisdiction on the part of a city council to specifllly nssess the abut- ting “property to pay for such improve. ments 2. The slgnature of a wife's name to such petition, executed by her husband with her authorlty and In view and hearing from ¢he place where she was at the time. is equivalent to a signature by herself. 3. The signatures by executors and trus- tees of an estate to whom jointly it is de- vised “to be held and managed by during the life time, of the tc with “full discretion In the management and control of said property witn the view of Increasing fts value and deriving the best possible income therefrom, signatures of the “owners of the statute. A A notice to ‘the property owners to select material for such paving published for the required time und in the required manner substantlally iIn_accordance with the requirements both of the statute and the city ordinance, is not bad because not directed to the owners by name are the in the meaning 6. The provielons that wnenever any re- paving shall be declared necessary by the mayor and city cguncil and an improyve ment district created, notice to the prop- erty owners should be given to designatc within thirty days the paving material t be used, doec not make 1t jurisdictional that such declaration afirmatively appear of record In the council’s proceedings, since other parts of the statute make such ac- tion mandatory when proper petitions are | filed. 6, That one of the days of publication 1s Bunday is no objection to the sufficiency of the publication of notices for an equali- zation hoard meeting to be held on Sep- tember 13, whose notices were published each day from the 6th to the 12th, Inclusive. 7. A clty board of equalization, when regularly In session. with due notices pub- Iished of matters to come hefore it judicially upon matters within its jurisdic. tlon and such action s not open’ to col- lateral attack 8. A finding that the property is benefitted “to the full amount in each case of sald proposed levies" is not so defective in not finding the property assessed to be ben fitted proportionally to its frontage as warrant an injunction against collectin to tax levied on that basis 9. Matters not argued in the brief of counsel nor urged in oral argument are ed waived. O'Connor against Aetna Tife In- surance company. Error from Dodge. Af- firmed. Duffie, C., division No. 3. 1. The plaintiff ‘bofrowed money to pay and discharge a mortgage on his farm which was about to mature, giving his note, secured by mortgage upon the same remises, for the amount borrowed. The ender undertook and agreed to use the borrowed money to discharge the Arst mortgage and pald the same to the mort- gagee without requiring a surrender of the note and mortgage. Afterward an assignee of the first note and.mortgage commenced an action to foreclose the same and the court found that she was a_bona fide holder thereof and entered a decree foreclosing the mortgage. The horrower, after this decree had heen affirmed in this court, and more than five years after pay- ment had been made to the first mortgagee, brought sult against the party lending the neglect of its agent in pay the wrong party. Held, was barred by the statute. ng the money to that the actfon 12432, Wood agalnst Carter. Appeal from lflqhvr;dnn. Affirmed. Ames, C. division | 0. 3. 1. The right of action preserved by sec- | tion 27 of the Code fs assignable, together with the judgment therein mentioned, in like manner and with like effect as ofher cases in action, 2 An assignor of a chose in action is not A necessary party to an actlon upon it by the pssignee. 3. When one of two or more parties Jointly and severally liable far the same debt has been duly served with summons in one county of this state a summons may be issued to and served In another county upon another party also =o llable, 4. Partners are jointly and severally lfable for partnership debts 5. Matters once litigated and determined | will not be re-examined in a subsequent action between the same parties. 12452. Cinfel against Malena. Error from §ianton. Afirmed, Barnes, C. dlvision o. 1. The joint owners of partnership prop erty being all joined as plaintiffs can ma tain replevin to recover the possession of thelr personal property against a stranger who claims an Interest therein alns it from the possession of any one of them 2. The commencement of & suit in re- plevin which was immadiately dismissed without prejudice and the property in que tign returned to the officer to be delivered by him to the defendant will not operate a bar to the bringing of a subsequent action. 3. In such a case the property will not be considered to have been in plaintiff's pos- session at the time the subsequent action was_commenced. 4. The verdict of a jury based on con- fiicting evidence will not be set aside un- less we can say, upon an examination of all of the testfmony, that it is clearly wrong. 5. Where a joint owner of personal prop- erty, who, without being consulted by the others, s made a plainti with them Jointly in an action in replevin to recover the possession thereof, makes no objection to the use of his name in the prosecution of the suit, the defendant cannot object for him, and thus defeat the action. 12896 Mutua) Benefit Life Insurance com- pany against Danfels. Appeal from Doug- las. Affirmed. Kirkpatrick, C., division No. 1. 1. Where a note provides for 10 per cent interest after maturity and an extension agreement is entered Into betwegn the maker and holder, extending the time of payment and providing for 6 per cent in- terest thereon during the period of exten- slon, after the expiration of the period of extension the note will agaln draw Interest at 10 per cent. 2 Where, in the foreclosure of a mort- gage, plulntift prays judgment for taxes by No Reply. | PEKIN, Jan. 18.—China has not yet re- | plied to the joint mote with reference to | the refusal to pay the war fndemnity on | a gold basis, as provided for by the peace protocol. The government undoubtedly is | hard pressed for money, although, if the provineial officials collected the revenues bonestly, the indemnity easily could be | raised. | Turkey Has Snowstorm. CONSTANTINOPLE, Jan, 18.—Turkey Is experfencing an unusual thing, a heavy snowstorm All communication between Constantinople and the European train service kas been suspended. Lioyad | | SUPREME COURT SYLLABI. | 12220, Rhodes .I;Mnsi from Butle Reversed. Rullivan, C. J 1. When an attachment is rightfully issued and levied upon property of the defendant Samuels. Error broken furcace, but it was said there was | demand Tor German col as & result of this | {f,cTeates o llen In tavor of the plaindft for o danger from fire. Srasmion of 1he Sppiity surplus week, | Whether inctdent to the action or resulting notwithstanding the fact that newrs | 0o the suacial procesdings. LA ARMOUR TO BUILD VILLAGE | from the producine Centers was mostly | % An erfor procecding from an order o somewhat better. Other Industrials, espe- | ® Jjustice of the peace discharging an at- - clally zincs, textiles and real estates, were | tachment preserves ,.w: 'Ivnnun:u n“ ||..; A e dast i 3 " | of the attachment and brings the ruling oi 4 Sebome - [Grm. Raske wore moderspely Wigh. Do | e Sustice” betore “The " istrict court for | e r by s market was prac- | review o justic ¢ try and determine the ac- coming new {ssues the U0 IIAY. SR ADG Selamipe Ne= 4 NSAS CITY, Jan. 18.—In an interview | Forelan rentes were montly atrcng, espe- | Hon, but Le 1s without Jurisdietion or au- here tonight, J. Ogden Armour, in speaking | SlAlly Russians, which vouched thefr hieh- | G o1FaChiment to «ither party % of the fmprovements the Armonr interests | uion created by Finance Minister Witiews | 4 Hut whe the district court has wiven bave in contemplation here, said: pudget _report , The Tusks, Portugucse [ s decision and the order discharging the | " oumanians and Hungarian crown rentes | 84t h s Tove: Justios | The Bates interests, including the land [ JERTRRCNE B0 orl | 3t he peace s reinvesiad with complets the nives ""‘ll F g -3 3 oS o | ~Money rose moderately the middle of the | !v-rgf‘ o e et ] vy -1 Clay county, will Do feve oped ‘n Kicw: | week, owing to demands for the repayment | A it e O s Pax% 1 Our plans for a union ero: -nlt'r "Fe bl | Of 10808 to the Reichsbank and heavy off ge| TR ASNAGRIRGS A0SIS S fus, City and the completion of ‘the blg of American dra Rates are now | (Ul party. =~ Gaeh Gaed S as consistent with thoroighness and the Tongon %patts | Wio has prosecuted error from an order | best Interests of all concerned | discharging an attachment will not. with- ut payment of attachment costs righttully | | Incurred, dissolve the liem of the attach- | ment G. The costs of the error proceedings other costs Incident to the litigation. are secured by the attachment llen and the attached property may be sold to satiafy ! [ the same. | ke 7. In an error proceeding from an order of & Justice of the peace discharging an at- him paid for the protection of his security and offers In evidence tax recelpts for the sums so paid, such recelpts are prima facie evidence of the payments of such tages 12465, Dakota county against BArtiett Error trom Dakota. Affirmed. Hastings C., division No. 1 i. A counly attornéy has authority to walve Issuance and service of summons in error in a case against & county in which he has appenred for It at the trial 2. Mere testimony by a county clerk to the conclusion that prior to a certain time the & fund levy of that year was exhausted and the last warrant drawn on it bore date about a month before the sued on does not require a r " finding that the latter s valld. Such a conclusion does not overcome the presump- tion that officers do thetr duty 3. Allowance of a claim and drawing a warrant for its payment against the ‘ad vertising fund” of a' county will be de 1 in an action on such warrgnt equivalent to | allowance of the claim and drawing u war. rant against the county general fund. Such so-called advertising fund is legally only a part of the al fund known by a term which designates its source 4. Where the record sontalns a general admission that county warrants were 'fs. sued” by and signed by the proper county authoritles, & subsequent objection to (h and motion to strike them from the record { because not bearing the county seal is 100 lat 2 Berlet agalnst Weary. Error from Lancaster. Afirmed. Lobingier, C., divi sion No. 1 1. The law of this state makes no djs tinctlon as to the service of Summons b tween members of the legislature and of he persons. A member of the legislature may, In proper case, be served with summon: | while ‘at the seat of government for the purpose of attendiig the legislative sessior 1 F. C. Austin Manufacturing com pany against Colfax county. Error from Colfax. Afirmed. Oldham, C., division No 2 1. No actlon can be maintained for th purchase price of goods unless a delfvery r . proffer of the delivery of the same 1s_alleged and proved 2" 1t 1s unlawful for the county board ¢ any county in this state to make any con tracts for or incur any indebtedness againet the county in excess of the tax levied for ing the current county expenses d An heiress who que Was courted a duque, But_ this n Made her wes away B he had to go © "y ladelphia Press them" | | the year to date show & decrease Beef Steers About a Dime Lower for Week, but Oow Stuff Nearly Steady. HOGS BIG FIVE HIGHER THAN LAST WEEK t Sheep and Lambs of Good Quality Held About Steady All the Week, but the Feeling on Half Fat Stuff a Little Easier, e . : BOUTH OMAHA, Jan. 17. Receipts were Cattle. Hogs. She Official Monday See e Officlal Tuesdiy 7,362 Omigial Offitial Official Officic tal this week days last week week before three weeks ago Tour weeks ago duys last year SIPTS FOR THE YEAR TO DATE. The following tuble shows the receipts of cattle, hogs and sheep at South Omaha for the yéar (o date, und compurisons with last Omaha 1or the last several days with com- parisons. | 1903 . (1902|1901, |1900. |1899. 11598, 1897, Date, 633 |62 4947 34231 6 8T%/ b 22| 4 | 4 K| e 6297 615 4 96| 4 29 3671348, © : 5 2844 3 Ml 325 31 341 335 337 0| 3 48| § 89 8 i 1340/ 318 B4+ (3438 L4 848 ¢ |31 330 343 ¢ 41/ 865 329/ 37 | 49 360|847 3 14 r od] 350 § 49 38 50 349, 319 | 347 3 56 G0 ¢ |33 9] 847 ¢ * Ind Sunday. The official number of cars of stock brought tm today by each road was Union_F e N & C., Bt P., Tiiinois Central ... Total receipts . 2 1 The disposition of the day's receipts was as follows, each buyer purchasing the num- that a test of the market was not made. For the week receipts have been a little in excess of last week, and also of the me week of last year. The receipts for com- pared with the same period of last year. But while supplies have 10t been excessive of | | | | active, at this point the Chicago market has been flooded this week, about 75,000 head being reported on sale at that market. The de- mand was hardly equal to the occasion and prices suffered a decline amounting to 204 #0c, which, of course, had some effect upon the river markets. Taking the week as a whole the beef steer market at this point has been in very satis- factory condition. brisk day's offerings were well cared for. owing to the break in Chicago, but th week closed with prices on the ‘more de- sirable grades no more than a dime lower. The half fat kinds in some cases may be 15c lower. The bulk of the fair to good cattle are selling from $.10 to $4.75, and the better grades bring from $4.75 to’ $5.00, while a finished load ought to sell consid: erably akove those figures. The cow market has also held up in very satisfactory manner all the week. The big bulk of the receipts consisted the supply without much break in prices. About the middle of the week there was a little break, but the week closed with a trong and active market, and prices v near back to the close of last week. The choice grades are selling largely from $3.75 | to'$4.25, with a few sales above that figure, The medium grades sell largely from $2.73 to $3.40, and the commoner grades from $2.00 to $2.75. The market on bulls suffered quite a break and is safely 25G40c lower than early last week, Veal calves, though, have been strong all the week, The market on strictly cholce feeders s ‘not_much lower, but the general run of stockers and feeders are 15@%c lower for the week and are very slow sale at the decline, as country buyers all want cattle showing quality. Representative sales: COwS. No. Av. Pr. No. Av. Pr. i . 520 '3 00 .. 980320 950 300 eivieresses 86 888 7 1018 3 00 HEIFERS. . oo 548 265 HOGEThere was not_a heavy run of | hogs here today for a Saturday and the market showed no quotable change from yesterday. Trading was not particularly but still the early arrivals were soon disposed of, but ten cars were late in arriving, so that the close was delayed un- til a late hour. The bulk of the medium welght hogs sold from $6.45 to $6.55 and cholce heavy hogs sold from $6.55 to $6.6), The light welghts sold largely from $6.45 | down. For the week receipts show a slight in OMANA LIVE STOCK MARKET ax 1908, 1902 Inc. Dec | Cattle 38428 42,13 3,694 | Hogs c B008T 12547 L. 26,000 | Sheep CAGNE IGO0 18660 ... Average price paid for hogs at South ber of head indicated: Buyers. Cattie. Hogs. Sheep. Omaha Packing Co. %fll g Swift and Company. 1,164 Armour & Co... 125 Cudahy Packing 1406 Armour, from Sioux City 2513 Other Buyers ......... SOTOY Lt W T | CATFYLE—~There were only Just a few bunches of cattle in the yards t. . S0 The demand has been | practically all ‘the week, and each | On | Wednesday prices suffered a little decline | | of cow stuff, | | but still the demand was sufficient to handle | crease over last week, but there is a de- | crease as compared with the same week of last year. Prices have fluctuated up and down considerably, but there is & net gain of 5@idc. The market is now just about where tive sales: Av. Sh. Pr s 61 1% 630 20 640 204 €40 206 640 No. ) I I “ o 7 “ ™ 70 24 I o I It a i 3 “ 5 “ I 5 [ 62 & & 4 “ 8t I Pr. 660 650 50 50 50 50 5 50 824 Av. 8h. 26 207 29 #0 @ w0 ] i 190 ... 64 10 6 42y 208 230 120 r 0 SESEEEREESREEES s i . W @ 251 50 “ o ‘There has been a good, liberal run of fat sheep and lambs all the week, receipts showing & good gain both over last week and over the same week of last For the year to date there is an ase over last year amounting to over 66713 66 arket this point has been In atis condition all the week. ality 1 considerable improv ment over 50 that the market aper | quality the market i on just about the same basis it was a week ago so far as the better grades are concerned. The feel ing on the half-fat stuff, however, is weak and prices perhaps a little lower. That is owing tu the fact that the half-fat stuff {s not killing out at all satisfactorily and if packers can get enough of the bet- ter grades to fill their orders they never lose an_opportunity to pound the common stuff. For that reason commission men have been advising their customers to hold back thelr unfinished grades. The feeder situation has not shown much change ali the week.d Supplies have been very light as there s quite a demand for good feeders prices have held fully »notations: Cholee western lambs, 35500 6.05: falr 10 good lambs, $4.75G5.40; cholce native lambs, $,7606.00; choice yearlings, $4.90G6.10; falr to' good yearlings, $4.36@A.15; cholce wethers, $4 W@6.00: fair to good, .00 @L80; cholce ewes, $4.0064.25; fair to good, $3UGU.00; feeder lambs, $3.0064.00; feeder yearlings, 18.90G5.60; feeder wethers, $2.000 t was January §. Representa- | r, but considering the | | )835; teeder ewes, 1 | sales 13 cull ewes 2 wostern ow T wostern wothers 118 western wethors & western yearlings 128 western Jambs. 3 western lambs | Monday, 0,000; | he cholce mixed, [} £330 Officia Cattle . Hogs Sheep celpts, 50 head fair to g | ers, $2.0004.55; Texas and ind cows, $2.0003.10 Texas heifers, 2,000, EW eipts, 6,130 hea steady; natlve wethers, $4.50; SIOUX CITY, SATTL steady; mixed, $1.50@8.75; atockers and feede @4.00: " caives and yearlings, 825004 Omaha ... Chicago Kansas City 8t. Louls . St. Joseph . Sfoux City ST. LOUIS, No. 2 red, c 86%c; May, BRAN—Higher sic. (boxed), firm at $4.56, POULTR' datry, 15@22c. northern, 76%c; GRAIN, FORT RILEY. proposals in t until 11 a. m formation furn also at ofices Chicago, 1il.; 8§ time | he marked Bakery at For dressed Capt Quartermaster, Kensas Cluy KANSAS CITY, Jan Totals....... RYE—Lower at 4 FLOUR-Steady 1 Ww. E Wi CHICAGO, Jan 200 head minal .0046.00; poor stockers and fee @4.40; heifer: 2.50; "bulls §2.0064 Texas-fed steers, $.5001 | HOGS—Recelpts, 1 good to medium, < marke sheep steady wethers, § %; native lambs, $4.2 I yesterday: i m export and dressed CHICAGO LIVE STOCK MARKE Cattle Are Nominal, Sheep and 1 00 Recelpts. Shipments 2,18 rket _unck beef steers, 504486, stockers western tan steers, 0;_n: 8 2.00; bulls, $2.50G3. 50 celpts for the week HOGS — Recelpts, 3, steady; top, $6.70; bulk of sales, $6.46a6.60; celpts for week, 1 YORK, ativ i 6,300, Jan lambs, e Ia., B Jan. h, elevator, AC; @0.50; extra fancy clear. $2.900(3.00 SEI s Ma. OATS—May, Bl P. B. Weare, Pres, Estab WEARE COMMISSION CO,, CHICAGD Memvers of the Frincipal Lxchanges. Private Wires to All Poluts. ished of kL Bladers will which they will con as time will form an fmportan “Prop t W, July, No. 2 Cattle, 11 consigned direct HOGS—Recelipts, 5,000; m 6¢_lower, selling at 35,5 | 6.55. 1 winter patents, and straight, $.00@ Timothy, steady, $3.00G3.50. CORNMEAL—Steady, sacked, 33,90, Dry salt meats' (Loxed), w o clear ribs, $; short’ ol; weak; exira shorts, §. ribs, $10; short ‘clear, $10.25 METALS—Lead, firm at $3.97% creamery, Representative Hogs Slow, hut Stay Sten CATTLY to prin Receipts stee .50, cows, §1.80 Ives, $3.006 head; slow; clos T | lower on light mixed; mixed ‘and butchers 36.20@8.60; _good to choice neavy i 8.92151 rough heayy, $6.40@%.65; light, £ 4 @825, bulk pf sales, $6.55(/6.60 SHEEP AND LAMBS—Receipts, » fair "to sheep, I © Stock Market. 17.—CAT feeders, $1. 000 7.10. 'Re- 300; calves, ) head; market heavy, 3o.@qe.n; mixed packers '3 6.60; " llght, $6.1006.45; yorkers 8. 40; DIgS. $5.4076.10. Recelpts” for week, 46,000 HEEP AND LAMBS—No recelpts; mar ket unchanged; “native lambs, $i.0006.25; western lambs,'$3.8504.%; fed cwes, $3.000 3.95: native wethers, $3.0004.60; ‘western wethers, $3.00g4.20; stockers, §2.0063.%. Re- St. Louta Live Stock Market, - ST. LOUIS, Jan. 17.—CATTLE—Recelpt 300 head, Including Texans; mark. slow and steady; native shipping and ex- POrt steers, $1.504%.40, with striogly fancy ) D dopt8i,dressed boet and butchers’ steers, $3.506.00; steers under 1000 Ibs., $2.0006.00; stockers and fe 04 0 cows and helfers, $2.36G8.20; canners, §1.00 Q2.00; bulls, &.00G4.00; calves, $8.00G7.60; Texas and Indian stears, §2.854.4; cows and helfers, $2.843.%. HOGS—Recelpts, 1,000 head: market dull and be lower: plgs and lights. $0.25a6.00; packers, $.4066.60; butchers, $6,5000 SHEEP AND LAMBS—No receipts: mar- ket nominal; native muttons, 350180, lambs, $5.00006.25; culls and bucks, $. 4.00; stockers, '$1.50G3.00. New York Live Stock Market. 17— BEEVES—Re- no sales reported; dressed beef steady: clty dressed native sides, Tig@l0c. Cables quoted American steers, general sales, at 12%@ 18%c, dressed welght, and refrigera vl at lic. Exports for tamorrow Inciude 717 beeves, 50 sheep and 1,365 quarters of beef. the lafter partly estimited. CALVES—Receipts, 378 head, all western; no sales reported; city dressed veals, 111G 144 HOGS—Recelpts, 46% head; no sal SHEEP AND LAMBS—Recelpts, 4813 head; sheep about steady; lambs loc lower; she $3.50G4.%0; 1 e, $6.6006. dressed mutton, 6@8c; dressed lambs, Mallc. St. Joseph arket, JOSEPH, Jan. ~CATTLE—Re- ceipts, 14 head; natives, $3.8@6.75; Texan and $3.35@6.00;, cows an helf- X stockers and feed , 8.0 @4.90. HOGS—Recelpts, 4100 head; light and lisht mixed, 3.40G6.6); medium and heavy, P AND LAMBS—Recelpts, 300 head; $6; yeariings, $; wes, $4.25. Sloux City Live Stock Market. Jan. 17.—(Spectal Tel ecelpts, beeves. $3.50(5. 300; cows, rket ate 55; bulk, to 05 Stoek in Sight, The following were the receipts of live stock at the six principul cities vesterday: Catt 019 St. Louis Grain and Provisions. 17.—WHEAT—Lower; Te; track. 4@ 2] 2 hard, cash, d2c; track, track, 3@ east track, 8@ HAY—Steady to strong; timothy, §10.000 16.00; prairie, §9.50612 TRON 3 BAGGING—6 5-16617 1-1 HEMP TWINE-§c PROVISIONS — Pork, lower; jobbing, standard mess, $17.65. Lard wealk at $9. k; extra short ars, § Bacon clear i Spelter, —Lower; chickens, 9¢; turkeys, 1c; ducks, 12c; geese, Thac BUTTER — Steady; 2@29c; EGQGS—Steady, 21%e, loss off. Recelpts. Shipments + 00 Flour, bbls.... 12,000 Wheat, bu....... 44,00 Corn, bu. 151,000 Oats, bu. 33,000 Toledo Grain and Seed. TOLEDO, Jan. 17.—WHEAT—Falrly ac- tive, firm; cash and January, Tsc; May, | &2%c. CORN—Fairly actlve, steady; January, 48c; May, di%e. OATS—Dull; January, 364c; May, 36% RYE—No. 2, fjc. SEEDS—Clover, dull, unchanged; Janu ary, $7.024; March, §1.121; prime timoth $1.90; prime alsike, $5.5. Duluth n Market. DULUTH, Jan. 17—WHEAT—Cash, N 2 hard, 16%c; No. 2 northerr we; No. 1 8%c; July, 79c C. A. Weare, V- Pres, PHROVISIONS, hed 1862 JUR S, BONDS Bought and sold for cash or tuture dellvery. OMAHA BRANCH, 110-111 Zoard of Trade. clephone 1316 ard, Locai Menager GOVERNMENT NOTICE. Jaa. 15, 100 —Sealcd " will be recelyed here 16,1903, {or gre depot Louls, state ¥ s A 6. B plicati quartermast Mo., and On in bide the work tion in the award, . 8. reserves the r to reject any or all bids or u Tt there of. Envelojies to be indo Propos for Grading and addressed Captain GO 1isditE Cress, @ M 1M OFFICE OF CONSTRI'CTING QUAR TERMASTER. CHEYENNE, Wyo, J 9, 1%08.—Bealed proposuls. in iriplicate, will be recelved here uniil 2 o'clock p. m., mour tain time. February 19, 1% 1 opened, for constricting i bakery at Fort D. A. Russell, Wyo. Full informatl blank forms of proposal furnishe ) plication. Plans and specificat may 1 Been here; also in office of 1) Quart master at Chicago, New Yor mihi @ Denver United States reserves the righ or bids s containing bids to for construct wsell,” and Constructing JI5 26 K279 M