TO ADVERTISERS.
TH E (’OU lì I EK.
W J WIMER.
Publisher.
*770* HIPTK j S
One Year (in advance)
Six Month».
Three Months
Bin
'
-
I TAX
I
12.25
H_-’
'x'
An Independent Paper, Devoted Especially to the Interests of Southern Oregon.
Job Printing of all Kinds
—IS THB—
Very Latest and Best Styles.
I-ivinur
GRANTS PASS, JOSEPHINE (OLNTY. OIL. FRIDAY ALGI ST’20. lSS(i.
VOL. 2
—ANO AT THE—
J.owest
Grant's f’atM, »o named at r ■ I-h. r.il
Grant, ia a county seat centrally Lxiated
in Soutticrn Or«v<in
It is a progroHaive
railrna-t tnwu nt (UK) inhabitants, and ix
the main aut>|>ly point for a lar^e jxxrtion
of country JevixiM to mining, lumbering
agri» uiturc and fniit-nusiug. Climate un-
! excelled
Tlie Co; 1111 h being the only paper pub
lished in Joacpliine county, with a goxi
! circulation in Jackaon ixxmty, enables it
to be one of the >x-Ht advertising mediums
111 Soullx-m Oregon. For rates, address
Tm: C oi ' iukh , Grant'» i’aim. Oregon.
limes
pROFEMMtONAL—LEGAL.
•J
DAVIS BROWER,
II
G K I F F I S.
DESTRUCTIVE FIRES IN WISCONSIN. Particulars of the Sentence of Cuttng in
Mexico.
Many Persons Perish in the Flamet.
Coming Colonies of Immigrants.
An Important Decision.
It will be remembered that Gov.
The locaters for tlie Welsh’ land
company colony returned to this Moody made application to the U.
city from a visit to some of their S. land department, at Washington,
G ranì '» P a »», - - - - O heoon .
M ilwaukee , Aug. 11.
countrymen in Clackamas county recently, asking that all contests to
(Jackson County.)
OREGON,
C.OI.D HILL,
A dispatch from Green Bay says;
Saturday, and under the auspices determine the character of the lands
Will practice in all the court* of the
Fire is still raging throughout the
Slate. Office on Sixth street, near ,»ost-
of the stale board of immigration that had lieen approved and certi
----- REPRESENTING. TIIE-----
ottiee.
woods around Eaton, Belleville and
start this morning out into the val- fied to by the state of Oregon as l>e-
Depere.
causing
much
loss
and
dis
ley and Southern Oregon. They ing swampy and overflowed, and as
Sugar Pine Door & Lumber Co., Grant’s Pass, Oregon, tress. Nineteen families in the vi
S. V. MITCHEL!.,
are in search of 10,000 acres of land , i being hers under the swamp-land
ATTORNEY AT I.AW.
cinity of Woodruff’s old mill were
for the settlement of about 120 fam grant, should l>e dismissed. The
MITCHELL i LEWIS CO., LIMITED. RACINE. WIS.
burned out. The Clausen family of
ilies. In addition to what informa secretary of the interior has decided
G rant '» P ass , - - - - O iuiuo N.
five saved their lives by getting into
tion the state board furnished ihcsc that after the approval and certifica
people before they left Ohio, they tion by the department and land of
Will practice in ah State and I ederal New Zealand Insurance Co., Capital, $3,000,000. a well.
Courts, ottico on Main street.
Reports from Laney and Angeli
have been provided with ex cry pos fice, the character of such lands can
— am »—
ca in Shawanucountx state that the
sible help to enable them to make not again Ire called in question on
SAM. WHITE,
fire is very bad. Five families were
a full examination of every part of an affidavit of contest, which merely
ATTORNEY AT LAW. '
burned out and their crops destroy
Western and Southern Oregon. alleges that the land is not of the
G rant ’ s F ami , - - - - O regon .
ed. A mill near Angelica was
They will investigate the eastern character granted, unless the appli-
burned. A man near St. Nathan's.
part of the state on their return cant further alleges fraud or mistake
-i>i.:.. is
: one
---- »1 of
----------
1....:™ —
---- ... j , in procurement, By the decision of
---- o-
Oconto county, lost live buildings
This
the colonies
reported;
and his crop. Svvtral of his neigh
by tlie board last winter. A second, the secretary and alts of congress
H. KELLEY.
HIGHEST CASH PRICE PAID FOR GOOD WHEAT.
l»ors suffered likewise.
Bridges
was a colony of about too families fraud must tic specifically stated.
ATTORNEY AT I.AW.
over the Little Suamico river are
from Southern Missouri, ami the He further holds that a party may
Building
Mateial
of
all
Kinds
Supplied
at
the
Lowest
l
igurcs.
gone. People in the burned district
J acksonville . - - - - O regon .
representatives, Messrs. Ault and contest the right to such lands pr^rr
are terrified. The warning roar of
Hofford, arrived by the steamer yes to approval and certificate by alleg
o-
the flames in the woods can lx- heard
Will practice in all the Courta of the
terday, and will go out into the in ing and proving settlement prior to
State. Oitv-e in Court H tse.
two miles avvay. The big Suamico
tenor of the state this afternoon. such approval, and that the land is
is out of danger, but the Little
Before leaving home these gentle not overflowed but susceptible of
H. K. HANNA,
Suamico is having a hard time now.
men and their friends were favora cultivation without drainage.
ATTORNEY AT LAW'.
Several families were burned out in
The lands heretofore approved
bly impressed with the re;xirt from
the town of Denmark and stripped
the western part of Lane "county, a and certified to the state as swamp
t >REGvN.
J U-KMOXV1! 1 E,
vf a ’1 their posessions. Around the
by this . deci
portion of 1 Lmglas and the western and ’ overflow
*’ . covered J »....».:
a
J. CHARM AN.
postoffice
the
residents
all
packed
sion
are
embraced
in
what
is
known
part
of
Benton
county.
All
these
Office in Orth building, Oro/on Htrvet
THE PRISONER QUESTIONED.
t'ucii goods, and there was a regular
GILLAM Jk CHAPMAN. Pronriclors.
The court then turned to the pri (xiints will I k ' visited during the I as List No. 5, Lake View district,
T. B. KENT.
exodus to Green Bay anil Manito
soner and asked: "Do you still journey just now undertaken. This containing about 80.000 acres. It
woc.
ATTORNEY AT I.AW.
colonv is already formed and the is claimed by the state that the re
Streams are drying up ami cattle stand under the protection of your people intend to start West in Sep maining land, not approved and cer
J acksonville , - - - • O regon .
government?
”
are dying ot suffocation. Their
tember. The third colony is from tified, amounts to about 300,000
"I do," replied Cutting.
bodies can lie found on the roads at
Northumberland county,. Penn., and acres, which will be reported to the
Will practico in all the Courts of the
"Do
you
wish
to
take
an
appeal
intervals.
State. Office in Court House.
to tin* supreme court?” the judge Mr. Higgins and his sub agents, In-1 land office for approval and certifi
Twelve miles from Green Bay, in asked.
eators and agents will start out to1 cation tinder the taw laid down in
)<>(
S. W. FORBÌ»,
the town of Humboldt, fire is raging
v lew the state early the coming week. this decision. [Salem Statesman.
"1
have
no
appeal
to
make
except
fiercely. Several resiliences were
NOTARY PUBLIC.
The
state lioard has only to an-1
CIGARS AND TOBACCO. | NI TS AND
livre is a late receipt for making
burned yesterday. Trenches and to the government of the United nonnee the arrival of a colony agent
KCHnV'-ll.l
ANI» Al.Tlloi‘»F, .IliKEI’HlNE
;
»States.
’
’
LEMONS, FIGS AND OTHER
a g<xxl town by the Brunswick
fire
breaks
do
not
stop
the
flames.
from
Texas,
San
Saba
county,
to
Cot Xi'V, O regi x .
“If you should desire to make an
People in the threatened towns sleep
the colony statements made (Mo.) News; Grit. Push. Snap.
appeal," said Judge Zeuhia. "you verity
I
Fancy
Groceries.
Fine,
Stock
of
Staple
and
out
of
doors,
ready
for
any
emergen
last
winter
ami spring. Messrs. Vim. Energy. Churches Schools.
Collectionna Specialty
Legal Instrti-
have five days in which to give no
Colleges.
Morality.
Enterprise.
cy.
A
large
load
of
provisions
was
Ault and Iloflbrd intorm the state
incuts promptly executed.
-------- )o(---------
sent to the sufferers from Green Ba> tice l>> you wish to sign the pro iioard that if they succeed in getting Harmony. Advertising. Cordial
ceedings
of
this
court?"
MEDICAI..
the climate and soil here which they I ity. Cheap property Healthy lo-
UNE LINE OP STATIONERY, WE to-day, and contributions would not
IN
"I sign nothing."
| cation. Good country tributary.
come amiss.
"Do you wish to express satisfac ' are in search of, the exodus from Talk about it. Sp< tk well about it.
ATTACHED A
Through the forests in the north
their
part
of
Missouri
will
be
1,000
ern tier of counties in this state are tion or dissatisfaction with the sen instead of 100 families. So fat they Help to improve it. Advertise in
and read the town papers. Patron -
Circulating
Library
and
a
Free
Reading
Room,
still ablaze, and are likely to remain , tence?”
'N.
"No, sir; I have never recognized are very much pleased with what 1 izc its merchants. Faith; exhibited
on fire until rains quench the flames,
they
find.
—
[Oregonian.
WHEKK CAN BE Kll'ND SAN FliAClSCO, PORTLAND axi » OTHER PAPERS,
I by good works. Honest eompeti-
the danger to villages and towns is ! your court or jurisdiction and 1 do
Olili» responde 1 fiat all hour-, day or
tion in business. Help all public
Poor Nellie Granì.
------------ )O(------------
over, unless heavy gales should not recognize its right to imprison
night.
enterprises. Elect good men to
sweep down upon them. While me for one hour."
Cutting was taken back to jail
Sartoris spends his time in L011 office. Speak xvell of its public
’,V. II. FI. VNAG.VN, M. 1>.
not over a dozen eases of human
Ix ri..
A
cremation are reported, it is Ixflicved and will lie sent to Chihuahua in a 1I011, carousing around til.-cafes and ; spirited enterprising citizens, and
■ A. f m-it ¡an and Surgeon,
clubs, drinking and making merry ' be one of them yourself. Remem-
that many backwixxis men and fami day or two.
----- In connection, where gui I h 1 had-----
G rant ’ s F as », .... O regon .
with women of little reputation, Ix-r that evi ry dollar invested in
GREAT
EXCITEMENT.
lies, remote from settlements, can
while his wife remains at an old iso permanent improvements is that
not
po
sibly
have
escaped.
The
No
sooner
was
the
fact
of
Cut
Office :;t residem-», corner Main and
lated country cat year in and year much 011 interest. Always cheer
fatality
to
live
stock
has
been
terri
ting's
sentence
known
than
both
Thir l rtris'ls. Call attended any hour,
ble. Hundreds of charred bodies of towns, on the Mexican and Ameri out. Many stories have been told on the men xvho go in for improve
day or n.vli.
cattle lie on the blackened tract of can side; were wild with excitement of hi a .shocking treatment of her. ment». Vour porti'i’i of the cost
Lemonade, Soda Water, Ginger, &c.
DR. F. \V. VAN DYKE
devastation.
i ever the matter. Two secret meet A gentleman said some time ago will be nothing only xvliat is just.”
It is estimated that in Calumet, ings were held here, and companies that he h id seen and heard herbeg The ab.ix. appli. as much to
Clarke, Marathon and a few adja ¡of minute -men were organized. ging him to remain at home, simply Grant's P.i s as it docs to ar.y other
cent counties 500 families are ren Merchants fear harm if soldiers are to abate the scandal that was in pro town and should be carefully read
dered homeless and destitute, and not promptly on hand, they realize gress. But no, he would not listen
C. M. STONE, P koi ’ ii ,
will suffer unless immediate relief is that congress only can declare war, to her for an instant, and the next and studii I We lnve •■> far tried
Maine Street,
......
Grant’s Pass, Oregon, sent them. Many of these people but the superior nunilier of Mexiean hour off he went with a couple of to keep the columns of the Courier
C. LEMPEKT, M. 1).,
free from matter detracting from the
had narrow escapes from death, hid soldiers in Paso del Norte would riotous companions to London.
Sartoris has 110 business; he never ¡course laid down in the abox-e item.
----- DRUGGIST AND APOTHECARY,------
lidJiLite Leipsic University,(¡er.
ing in wells ur submerging them play havoc with the single company
up to their necks in streams now al Fort Bliss, one mile from El attempts any for the simple reason
fun, hitki ¡¿«»..~, mi^rry, Toilci Aiiiwu, Siculdcr Brae«, Trasses, Etc. selves
with
wet
blankets covering their, l’aso. Arms and ammunition arc he has not sufficient brains to con
The cy. Ione occurring at Oak
<'all» reponileif to at all lenir», dav or
heads
until
the fire passed. In.some not scarce, however, and citizens duct a dog case liefore a justice of Bar and \ i initj over a week ago,
night
Oliiee opposite Flover’s hotel.
BEST BRANfiS OF ( IGAH< AND TOBACCO
the
peace.
He
lives
on
an
allow
JaTk m vffr <»nwm
places luc swooped down so sudden are secretly organizing, so as to act
was 1111 t '.iii at Di.ggctt Creek,
ance of /^7<x> |K*r annum given him
Schoo! ’
'!
Books I and I Stationery iy upun jxnjpb- tbatJlu-A Had hardly on the defensive. Their voice is by his father, with which he takes wh re the uprooted trees and debris
time to seek this method of xntel>. (Unanimous for vindication <>f Atneri
blown into the river, dammed the
In other places the roar of theflame» ciui honor uud protection of our cit himself to London, lives in style for stri tin and back :1 the water nearly
alxiut three or four months, ami
was Eehrn for miles, and the terror-
I I k E gon . A Full Line of Paints, Oils, Varnishes and Brushes. stricken people fled hndlv before izens. Mexicans, too, u, uncry at then return 1 jx.-niteiitly to his sor a mile before giving way. A large
the tenor of our pies-, and thek’J" '
; feet thi'-k
th< flames to neig ilxiring villages pl* «re fearful of violence on axe. tint rowing wife and proceeds to borrow at b.i • was carried in the air for
PUSH
IANS'
PRESCRIPTIONS
CAREFULLY
COMPOUNDED.
Ml work warranted. Office at Com
and houses.
of nunieioils mess meetings ifhich some more. Then a few months of about half .1 ride, and nits of 30 to
mercial Hotel.
'¡'he loss cannot ever be estimat are being held. A iltsfiMGlrom "lile" is repeated nt the gny metro 40 feet d i p w. r. made in ’lie hill-
ROBERT W K ST R < > P
ed. Hundreds of homes, dozen » of Rio Grande city, Texas, says, a [xilis ami tiie second act is gone ides iluicing ■ nt the oil *o lx.-d
MISCELI. 1X1'4».
n, year 10.;
sawmills and lumlicr camps; and heavy force of Mexican revolution over again amt s nt
Al< ho l ino, i.i i ott Valley,
—PROPRIETOR—
[Eugene City Regufc,
. , m:;b : of trees were blown
millions of feet of tiinlx r are in ash ists crossed the river into Texas on
----
-----------
s
_
1
-■
New Blacksmith Shop,
es. Acres upon acres of ripening Thursday night. A troop of the' New |x>in's are coi tinuall} croj» dovxn ay-
fli .de l, and houses
grain were laid waste.
Eighth United States cavalry was ping up i.i th ■ di" us i if provoked
daru~„ . 1. At Shovel
LEWIS PANKEY, Proprietor.
To night’s advices are that the ordered yesterday from Ringgold ’ 1>V the 1..;it. 1'.loll "1 the water
rct'k Npt
. • FCtbusr ««.,¡11.; otlt,
C estr 11. I’oixr
-
-
OREGON
fires are abating considerable, by barracks to jicrsue and disarm them. t: 'll. 1 " I.i'- ’ 1 . d' ' id' ■'! h" 1, •cro cura|>elle<» u.
to house« *u;
running into clearings, and Ixiausc
ib
•’ scr.aunt of the^J rim-
I11
the
grants
of
land
made
by
the
Horse-Shoeing a Specialty.
O regon .
C entral P oint ,
the wind has died out. However,
Deep Crater Lake.
41 Butte
Mexican Government Ixfore the 'or 1 -I.
I would respectfully in’orm the public
fears are entertained of a repetition
the ’.or:.is v.i re ¡d.o F’1'S»v. with
American
occupation,
the
ownership
that having lately taken charge of the
W. G. Steel, who is out on the U.
should high winds prevail again lx.-
more rain probably than el*ev Tir^R,
Black-smith Shop at Central Point, I
S geological survey of Crater Lake, of the water was particularly con in the emmty, as rain jxmred down
fore
a
rain
appears.
Along
the
veyed
to
the
grantee
as
part
and
would ask a lil>eral share if the public
Chicago, Milwaukee & St. Paul writes to th< Alban lb'al l under parcel of th appurtenances of the nearly every day for over a week in
patronage
L ewis F ink tv.
railway heavy rains extinguished date of July 25 as follows: "Our soil, a < much .n the rocks and trees regular tloo: al showers. The
OF HAY AND GRAIN. all the flames, saving the largest boats having l.-een launched, we are thereon,
CHANGE IN MANAGEMENT FURNISH THE BEST
Tin . own, i hip of water storm v. a . a I > 1 ry sei 1 re at sever
cranberry marshes in that section. at present engaged in -mn ling Cra went with the land to the American al other point*. a - h retofore men
7.*»
<
’
I.-.
—or the —
To llnviuid < »ran Per Hoad, (Ivor Niu-lif.
To -day suffocating clouds of smoke ter lake. an<l have been rewarded purchasers < f the large ranches, and tioned, but very light at Strawlicrrv
'! R11
ami Salmon
Central Point Hotel.
BEST OF AUCOMMOD'TIONS FURNISHED FOR HORSES. from burning forests were borne by by finding the dce|x it witcr in tiie question now is, how far the Valk .
north winds as far south as Milwatt America, and adepth seldom equaled right of an appri ipriator of such wa River. [Yn'.a Journal.
LEWIS PANKEY,
-
Propr
kee. On the lakes, near Green Bay, 1 anywhere except in the oc<-an; and ter is good against the owners of the
r
L.'i'-t wi' 1. Hoti. W. I). Fenton
I
C
K
,
Sturgeon Bax, and even further ma < ountry on <■ irth < 111 say "we land whereon it rises and to whom
Meals,
-
-
25 Cents,
family arrived nt this piece,
south, smoke qlotids arc mi dense have a lake of an equal size with as it was c: jceially granted by the and
¿Huguï' , their ho'tscliold effects
that the sun is obscured and xc. scl » great a depth." Up to the present Mexican Government? lit one case
Having latelv taken charge of this hotel
the undesigned would respectfully inform
experience extreme difficulty in na time the deepest sounding has lx-en at least this puestion is of vital ini- with tin ill. i n piteu to 'g tin make
the public that the tables will be supplied
the'; lr :ac ill V.n I'lill this time at
Oregon against the
’
»
vigating, it being impossible to see 1959 feet.
portaticc to the interests of one of' Mct fiiiin ii!e. Their ic idence in
with the l**»«t tlie market atT>rd*
world!"
400
feet
at
mid
day
L ewis P ankey
the leading colonies of Southern Portland h ; piuveti v< ry ¿.imaging
California.
If it shall ever be de tn Mr Fenton s health, as lie is re
The
river
and
harbor
bill
as
final
The
following
is
the
debt
state
WILL. Q BROWN.
a V
‘
•y agreed upon by Congress .-piid mint of the United States Treasury cided that the owners of land own duced to ahao-t a skelelou. Vester-
the water thereon; and that it can day tlo ■. I< ft for Ynqiiim. to remain
signed by the President cont 'ins Aug. i » k
A X »
»
Assayer à Analytical Chemist,
the folloxving appropriations in
Interest
bearing
O
vim , nun-ipal not lx: acquired by nppropria’.ors at until he shall become improved phv-
OREGON NICKEL MINK,
xvhich On.' n and U ishingloti are aud mterrst, $1,214,902.034; debt ^dist nice, then (tie settlement n •i illy v. ,i they will r.iii.ii mid
-■ "A
¿uivid of 1 laige settle down at tiermkncul citizens.
intierested Yaquina $75,000; C hh MI xvhich interest ha» ccaJMti »tnee ierrerF to4»>»» L
RIDDLE, DOUGLAS COUNTY, OGN
Rowing, dp.
portion
of
its
wii
’
ri
a i;pp! imd if Wc lie plenj-t to Welcome Mr.
Bay $33.750; Cavades $1X7,500; maturity n-***
dsbt lx-aring
Analyse« made of
*»uh«farr«».
&■!£>■• WHJ n «rt:
Chum Fenton and his most t .timabl" wife
Upjxr Coltimbi 1, including Snake no intere -t S' '■ 07-1 <-99 bffr*
AND DON..
river,
mouth oftheColum principal and interest, $1.755.559.
MINER EX AMIMED AMD BEPOBTED < POM.
to our city, and b peik for them a
* a - — •JX’ ~
Lia river $'87,500; lower Wiliam- 047; total debt R s available cash
J
. it and healtlr,• ltome. Of
S.
Houck.
>r<
gon.
Central
Pon..
00
Away for ( jo M and Silver
» 3
Yamhill .•o»inf?
itti rixer and Columbia, lelow items, $1,4(0.293.604; net cash in
Mr. Fenton v..lt follow hi-»
6 on
Anaay for Ni* k»*l or Cobalt
Portland $26 orx>: uj>per Willamette treasury, $80,306,32$; debt, less Smith who h is t. .di |*W«Mn .<
[McMinnville Tel-
o
*W-
A »«ay for Lead or Copper
river $75.000; Coquille $20,0»»; ¡, 1 ash in treasury August 1st, 1886, Gnat 1 tii • of I,Hi,<t
s?*’-
Chehalis* $2 ; z>; Goxvlitz $2.000. $1,380.087,279; debt, less cash in
SPEARS & ERASURE
...........
«nd .
M,». h.-xc
in
These items are by no means as treasury July 1st. 1886. $1.389.136, .,t ‘ ‘ ’ ,
■ ¡" M'1 ill - K." hmil'l ’
. ***■ -nu-
^,«.»,1
'large as the nature and imjiurtancc 383; decrease of debt during month .
ss M I T 11 BROS I ’nipiicfor-,
House, Carriage, Sign and Or
of the improvements to be made re $8,049:104; ca*h in treasury availa and first btrthd iv. S!,ei- a small' ,?
Sixth Street,
1 >rrgon.
tirant'« 1’
namental
quire. but xx ill be of great benifit to ble for reduction of public debt, . m. ’ <G
1 i"
1 ■■ inti- nt’
,
L, ,
the entire c'Kist. The disbursing of $195,265.413;
:
•o
total cash in the , - t
■
[Hill-b-mgh Iml -x-m!
”
l"
”*1^5:
P A I N T E R S,
the money !- j ’ lab r and material treasury as shown by the treasurer's , ent.
rost.
;
Paper - Hungers and Graners HAVING COMPLETED i OUR NEW STABLES. WE ARE used in the improvement «rill con- general
,
account, $484,856,903.
• ■•
"You had Ict’.ir look out," said
stitiitc one valuable feature, but the
A Ne bra
sava th.it
PREPARED
T<>
--- A
improved facilities for commercial
and ac
u growing
is the gnat benefit to
It is proba
CARVERS AND GUILDERS,
Furnish the Best of Accommodation;; for Homes, int- he ii h -»ursc
all are so anxiously looking ’
it l.vv pri
[Eng*ne
City
Regi-tcr
----------- AT REASONABLE RATE».---------
(Jfvgnn
’Attorney at Law S Notary Public
Notary Public and Agent for the Sale of Town Lots in
General Real Instate Ai>ent.
-(¡rant’s Pass Variety Store,/
First -Class
Lunch
Room
Xew Feed and Sale Stable,
‘Ill
s
EXew Feed
Staine
Great Destruction of Property.
A special from El Paso Aug. Sth
says: As sentence was pronounced
upon Cutting at Paso del Norte last
evening, the prisoner turned slight
ly pale, but was otherwise thorough-
ly composed. When the reading of
the sentence was finished he asked
in a loud voice of the court, at the
same time pointing to Medina,
•‘About the $6oo? Is that creature
to get any of it?”
At this point Consul Brigham in
terposed to stop him.
“If the prisoner uses insulting
language," said the judge, "I can
add something to the term of his
sentence.”
Consul Brigham assured the court
that neither he nor Cutting meant
any disrespect to it. “Ix*t us un
derstand," said Brigham, * Just
.............
what
this is for."
"It Is for publication on the other
side of the article which it is held
vitiated the reconciliation made on
this side.''
"And this act on the other side,"
continued Brigham, "was construed
on this side as contempt of court."
To this the court replied in the nega
tive.