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DOUGLAS IS THE BEST COUNTY IN OREGON AND OREGON tS THE BEST STATE IN THE UNI6N. THESE ARE FACTS YOU CAN BANK UPOtf'
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VOL. XI.
ItOSKUlltO, OREGON, XULIMIIAV KVKNINO, At'Cl'ST 20, IlMm.
BROODING IN CELL
Capt. Haias Refuses, Food and
Mutters About Wife
FACES NERVOUS COLLAPSE
Mrs. Halns Issues Burning Statement
Accuses BrolheMn-Law ot
Making Love to Her.
Special to the Rvenlng Review.
BOSTON, Aug. 21. Captain Peter
- Conover Hains, the slayer of his
wife's associate, W. E. Anuis, Is on
the verge of a nervous collapse In his
cell here today. He refuses food and
mutters constantly about his wife's
alleged downfall. He Is under the
constant care of a physician, but lit
tle can be done for him. In an ad
Joining cell sits Halns' brother, who
1b alleged to have Inspired the kil
ling by telling his brother of some
of his wife's escapades. He is cool,
eats heartily and sleeps well.
"My husband and his brother are
rascals, and I hope they hang." said
Mrs. Halns today.. "Those scoundrels
are cnpable of anything. During my
husband's absence on the Public
coast, his brother tried to make love
to me. 1 hate him. He poisoned my
husband's mind ugnlnxt me. I was
beaten, starved and crazed until I
signed some papers referring to my
so-called confession.' My brutal
husband would have shot me had I
not signed those papers, and then
what would have become of my chil
dren." It Is reported this afternoon (lint
n deal was being considered whereby
Mrs. Hains will testify in behalr of
her husband upon promise that her
divorce suit will not be contested and
that she be given the custody of Hie
two children. According to the story
she is to furnish the motive for the
slaying of Annls by testifying that
he suggested to her the stories of
degeneracy in the belief that their
circulation would prevent Halns
from making sensationnl charges in
bis divorce suit.
WANTED Good No. 1 man, with
small family, and one who has a
good team. Good wages and per
manent position to right man. Ap
ply at once on fnrm 3 miles north
of Oakland, or address H. L. Mes
sick, Oakland, Or., dsw
s.s.s.
Swollen glands about the neck, weak eyes, pale, waxy complexions,
running sores and ulcers, skin diseases, and general poor health, are the
usual ways in which Scrofula is manifested. The disease, heiug deeply
intrenched in the blood often attacks the bones, resulting in White Swelling',
or hip disease, and the scrofulous and tubercular mutter so thoroughly
destroys the healthful properties of the blood that Scrofula sometimes
terminates in consumption, an incurable disease. The entire circulation
being contaminated, the only way to cure the trouble is to thoroughly
purify the blood and restore the circulation to a strong, healthy state.
S. S. S. is the very best treatment for Scrofula ; it renovates the entire
blood supply and drives out the scrofulous and tubercular deposits. S. S. S.
is the greatest of all blood purifiers, and it not only goes right down y the
very bottom of the trouble and removes the cause, but it supplies the weak,
diseased blood with the healthful properties it is in need of. ami in this way
builds up weak, frail, scrofulous persons and makes them strong and healthy.
S. S. S. is a gentle, safe, vegetable preparation and is suited for persons of
any age. Book on the blood containing information about Scrofula and any
medical advice free. THE SWIFT SPECIFIC CO., ATLANTA, GA.
. . Smoke . . .
Model American
The Best "Bit" Cigar on the Pa
cific Coatt
Made in Hoseburg by
U RABAT
Sold by all Dealers
TO HOLD ItOXI) KIjKCTIOX.
Ashland Intends to Own lis Water
and Light Systems,
ASHLAND, Or., Aug. 20. At n
meeting of the city council of Ash
land an ordinance was passed provid
ing for the const nut Inn and installa
tion of an electric light and power
plant to be owned and operated by
the city. The Issuance or $:0.00il
worth of 4 M. per cent light bonds
was ordered for this purpose, under
an authority voted by the people in
19(ir. An election was also called
for the people to vote upon an am
endment to the charter authorizing
an additional issue of $ ::o,(iijn worth
of 4 Ms per cent bonds, thereby mak
ing n total of Jso.nnu for the con
struction of a municipal plant.
iiooTLi:i;i:it iixi:i).
NEWPORT. Or., Aug. 20. Ill the
circuit court now in session at To
ledo, Gust Olsen and O. Krogstad.
were arraigned, charged with viola
tions of the local option law. and
both pleaded guilty. Olsen was fin
ed $200 and 20 days' Imprisonment.
This was Olsen's third offense. Krog
stad, who Is a druggist, wns lined
(100. This was his first violation.
OliKGOX WIFK HKATKKS.
JACKSONVILLE. Or., Aug. 20.
Jacob Moore, of Wlnier, Jackson
county, was today tried In Justice
Dox's court on a charge or wife-beat-'tig.
The husband weighs 200 pound?
and the wife lO.I.
The derendnnt entered a plea of
not' guilty. The evidence, however,
was conclusive.
"Twenty dollars nnd costs is the
flue imposed," announced the court.
"Rogue River valley husbands will
take notlre: The whip devised bv
the Slchel wlfe-lmatlng law still
hangs in the sheriff's olllce."
TILLAMOOK, Or., Aug. 20.
.ose McCrum, the Portland man.
who was arrested and placed in the
county jail for wife-heating, in lieu
of 500 hall, hns been balled out by
his brothers. George nnd Jim, of
Portlnnd. -McCruin will come up foi
trinl before the clmiit court in No
vember. He will be tried on a
charge of wlfe-beatlng. If convicted
he will be the first man punished un
der the new wife-beating law In Tilla
mook county.
LOST A ten-dollar greenback on S.
P. depot grounds, between the
baggage room and supply bouse
just south of depot building. Re
ward for return to S. P. round
house. L. F. Slarmer.
POUND A Daughter of Rebeknli
pin. Owner can have snme by cal
ling at Prank Meyer's on Main
Street. lw
SCROFULA
A TARDY VINDICATION'.
The prompt acquittal of Robert A.
Rootb, founder of the Booth-Kelly
Lumber Company, of Eugene. Ore
gon, by a jury, after a trial lasting
over two weeks, and without offering
a single scintilla of evidence on his
own behalf, was a striking but tardy
repudiation of one of the most un
holy and damnable conspiracies lo
blacken the good name ot an honor
ed, upright and leading citizen of
this state, as could well be imagined,
says the Oregon Tlmbermau. The
government. In casting about lor
somebody to Indict In connection
v.ilh alleged laul frauds, pounced
upon Mr. Booth, along with bis bro
ther and brotber-ln-law, and trumped
till a charge of conspiracy, which In
volved a cash consideration of three
hundred dollars nnd 160 acres of
lieu land, which had been exchanged
by tiie government for n homestead,
and placed in a reserve. Not for a
minute did anyone who knew Mr.
Hooth doubt that he was either mor
ally or even technically guilty of the
crime, if he be worthy of the name
placed at his door. The Indictment
was returned three and a half years
ago. at a time when any citizen of
Oregon who owned 100 acres of tim
ber land was looked upon as a felon,
with the bars of the penitentiary gap
ing to receive him. Public sentiment
lias become calmer and fairer. It
now wauls the evidence before It is
ready to convict. Formerly the
breath of suspicion was looked upon
as conclusive evidence of guilt. Dur
ing the three and one-half yenra that
Mr. llooth struggled under the un
just accusation, he labored In every
way possible to get a trial. He would
not permit bis attorneys to Interpose
any dilatory tactics. He was inno
cent and stood on bis convictions.
Ills vindication, as well as that of
his brother and brotber-iii-lnw, car
led with It a feeling of the most pro
found satisfaction everywhere, lloh
88 Per Cent
of the Citizens of Roseburg voted
in favor of paving the streets. I
They want it done this year.
Do it Now,
llooth emerged from the trial a big
ger man than he ever was before. Ho
was tried in the ilerre lire of the
crucible of public opinion and emerg
ed unscathed and unharmed.
TIIK STOKV OF JOIIX.
Once there was a boy named John,
we believe his name was Wana
maker, or maybe H was .Moneymak
er; anyhow his name was .1 oh n with
some sort of a maker attached to his
last name. He owned fifty yards of
calico, three pairs of jean pants,
half a dozen pairs of homemade
socks and live pairs of boots. He
called this a dry goods store through
a Philadelphia newspaper and offered
to sell a pair of socks for H9 cents.
The d'jn't-belleve-ln-advertlHlug mer
chant laughed. Young John spent
$t to advertise with (he Philadelphia
Ledger just one time and has been
throwing away money ever since. He
was cautioned by the merchants who
knew it didn't pay. It was through
sympathy for his poor mother, they
said, that they offered him advice,
hut John did not listen to them and
went on flit "blew"' his money fool
ishly. Poor John sees the result of
his misdoing he has so many dry
goods store's that he can hardly liud
time to study his Sunday school les
son. Ex.
WOIIKS vomi:iw.
Wonderful ('ntniHHiml ('uren I'ih",
Kreimi, skin Itilitng, Skin
l-.riiptiuiiH, Cut ami
ItruNes.
Doan's Ointment is the best skin
treatment, and the cheapest, because
so little is required to cure. It cure
piles after years of torture. It cure
obstinate cases of eczema. It caret
all skin itching. It cures skin eruj
tionS. H heals cuts, brulrfen,
scratches and abrasions without
leaving a seur. It curca permanent
ly, koseburg testimony proves it.
Mrs. (. W. Kezarten. Flint St.,
Koseonrg. ore., says: "For some Ut
ile time I was annoyed by an irri
tation on my nose. Sometimes it
was badly Inflamed and became raw
and sore. I tiled a number of rem
edies but nothing cured me until 1
read about Kuan's Ointment and tot
a box at A. f Markers & Co s. drnt
store. The first application gave" re
lief and I felt no more of the Irntar-
Ing n IT I iff Ion. J consider Una n's
Ointment the finest remedy to be oh
talned for any skin disease."
For Fale by all dealers. Price r,0
cents. Kornter-MIlhurn Co.. Huffnlo.
New York, sole agents for the I'nited
States.
Itemembpr I hp name T)oan't
and take no other.
m
Gov't. Files Petition in Noted
Standard Oil Case '
DOCUMENT A LENGTHY ONE
Appellate Judge Crosscnp Shown to
Hare Contradicted Himself
in Ills Haling.
Special to the Evening Review.
CHICAGO, 111., Aug. 21. Counsel
for the government today tiled a pe
tition for a rehearing before the
state court of appeals in the case
wherein the tine of $29,000,000 as
sessed against the Standard Oil Com
pany ot ludhuia,. for accepting re
bates from the Alton railroad, was
reversed. The action for rehearing
was recommended by Attorney-General
Bonaparte.
The Petition.
Following Is a synopsis of the
petition of the government for a re
hearing In the case of the Standard
Oil company of Indiana vs. United
States:
The government presents its pe
tition In accordance with the rule of
the court.
The indictment In the case was for
a violation of the Elklns Act of Feb
ruary 19th, 1903, making It a crime
to accept a concession whereby any
properly is transported In Interstate
commerce at less than the published
and tiled rate.
It was proved at the trial that the
Chicago & Alton railway company
transported to East St. Louis, Illin
ois, and Si. Lou in, Mo., 1492 carloads
of oil.
In all the dealings between shipper
and carrier each carload was treated
us a distinct transaction and handled
as a distinct piece of business.
The published nnd filed rates on
this business were eighteen centB
per one hundred pounds to East St.
Louis and nineteen and a half cents
to St. Louis. The Standard OH Com
pany actually settled on a basis of
six cents lo Hast St. Louis and seven
and a half cents to St. Louis.
Those facts were admitted.
The Standard Oil company Inter
posed the claim In defense that the
Klklns Act was unconstitutional; 1
that the tariffs had not been posted
In two public places at the stations,
nnd Interposed many technical de
fenses. On hut a single point Involved In
the trial up to the return of the ver
dict are the ruling of the trial Judge
criticized by the Court of Appeals.
In all other particulars his rulings
are sustained.
The point on which the trial Judge
Is reversed by the Court of Appeals
relates to his rulings on evidence nnd
his charge to the Jury with reference
to Ignorance ou the part of the Stand
ard Oil Company of the lawful rate
as a defense.
The Court of Appeals In Its opin
ion has not correctly stated how the
Judge ruled on this subject.
It Is said In the opinion that he
refiined to admit evidence to the ef
fect that the Standard OH Company
did not know what the lawful rale
was. The fact is, and the record so
shows, that all evidence tending to
show Ignorance on the part of the
Standard OH Company was admitted
for the consideration of the jury.
This evidence was largely that of
the trnlllc minaT of the Standard
Oil Company. Hogardus, who svOjre
to a conversation with Holland, the
rate clerk of the Alton, In which he
said Holland told him that the rate
had been filed. The governme met
this testimony by a great array of cir
cumstances which tended to disprove
it and the jury found In favor of the
government.
The trial Judge ruled that Ignor
ance on the part of a shipper of what
the lawful rate was could he Inter
posed as a defense; but thnt It would
not constitute a defense If It apwar-
ed that the ignorance was the result
of neglect on the part of the shipper
or of wilful failure on the part of
the shipKr to resort to the sources
of information which were available.
The government contends that this
uuuairucuuii oi ine . it is not nearly bo severe as the mint
statute on this Buhject. . nmm netuiltv nr Hv v0..0 in ,.
The Court of Appeals lays down
.ut ii ,H nt-ceasury lor me
government to show hevond a rent.
onable doubt, as a part of Its case
that the shipper actually knew what
the lawful published and filed rate
was.
The government contends that this
!s an impossible rule; that It Is con
trary to the purpose of the Elklns
Act; that it Is contrary to the gen
eral rule applicable In criminal
cases; that put into effect It would
make of the Interstate Commerce
Act a mere wlll-o'-the wisp of legis
lation, a phantom statute, destitute
of strength or subsUnce."
The government contends In the
petition that the court of appeals
has misstated not only the record n
to what evidence was admitted, but
hns also misstated the construction
which the trinl judge placed upon the
statute, and that for his reason there
should be a thorough rearguineut up
on the only proposition as to which
the ruling of the trial judge upto
the verdict of guilty, Is revorsed.
The government contends that an
examination of the record will show
that the court did not rule out the
testimony loading to bIiow want of
knowledge, but that, on tho contrary,
all proper evidence tending to show
that the defendant was ignorant of
the facts with reference to the legal
rate was admitted for the considera
tion of the jury, nnd that there war
ample evidence to Bhow that the de
fendant did know what the legal
rate was.
In other words, the government
contends vigorously nnd with refer
ence to the record thnt the reversal
of the case, so far as the ruling or
the trial judge with reference to Ig
nornnce on the part of the shipper
as a defense Is concerned, Is based
upon a misstatement by the court ol
the record In the ense as to the ad
mission of the evidence nnd to a nils
understanding by the court or whai
the trial Judge ruled with reference
to the admission or evidence and how
he really charged the jury.
The government strenuously con
tends that the effect of the construc
tion of the stntute announced by the
Court of Appeals Is to nullify the In
terstate Commerce Act so fur as ship
pers nre concerned; to make its en
force men t Impossible, nnd to plunge
the country ngain Into the deplor
able condition or railroad discrimin
ations nnd favorlteiBin which existed
prior to its passage.
The government contends 1hal
each shipment Is the basis or a (lis
tlnct offense; nnd that In this cast
nch carload was a separate ship
ment,
i'he Circuit Court of Appeals has
held thnt there Is hut one offense foi
each "611161110111 Tor rrelght.
The government cites against thh
the opinion of Presiding .ludgt
Urosscup In the ense of United State;
v. Hanley, 71 Fed. Hep., 072, 075, Ii
which that Judge laid down an exact
ly contrary rule to the one which he
laid down In the Standard Oil case.
The government contends that the
rule laid down by the Court of Ap
peals Is contrary lo the principles ol
the Elklns Act, and leaves It to the
shipper and carrier to elect for how
many offenses they will be prosecut
ed nnd how much they shall he lined.
The government contends In the
petition that the Court of Appeals
has done a great injustice to trial
Judge Landls in misstating whnt he
did In connection with the imposition
of the lino on the Etandard Oil Com
pany.
The Circuit Court of Appeals In its
opinion charges thnt Judge Landh
assumed to fine the Standard Oil
Oil Company of New Jersey was not
ed Uie large fine for the reason that
he was satisfied that the Standard
Oil Compnn of New Jersey was not
a "virgin offender."
The government shows In Its peti
tion that Judge Landls never refer
red to the Standard OH Company of
New Jersey In this connection nnd
that the language used was used In
onnectlon with the Standard OH
Compnuy of Indiana, and that no-,
where were the proceedings directed
or pretended to be directed ngaluM
the Stundard Oil Company of New,
Jersey. I
The government takes Issue with
the Circuit Court of Appeals as to!
its proposition that a defendant can
not be fined more than the value 'of
the property which he possesses and
stales that this rule Is an Innovation
In criminal law and If applied would
destroy the enforcement of most
statutes.
The government claims that the
facts before the Court of Appeals
luslify the Imposition of the penally
Inflicted by the trial Judge.
It appears from the record In the
Circuit Court of Appeals that the net
profit of (tie business of the Stand
ard Oil Company of Indiana, the cor
poral Ion that Judge Landls fined,
for the eight years during which the
violations of the law for which II
was convicted were committed and
including the year In which ft wns In
dicted amounted to $33.!k:.,2uH.80.
On this point the petition stales:
"We respectfully call the atten
tion of the court to the statement of
the Standard OH Company of In
diana on file In this case, referred to
by the court In Its opinion and treat
ed an proper for consideration in de
termining whether or not the .tensity
I was excessive.
The punishment therefore Is no
Imore severe than thnt Is Inflicted nit
on a letter carrier who steals a letter
and is sent to the penitentiary for
threes years thereby depriving him of
his earning capacity for that time.
I
Uentlary imposed upon a banker who
misapplies the funds of his bank.
The government claims that on ac
count or the size of the line alone,
there Is no necessity for a retrial or
the case; that the Circuit Court or
Appeals may. Itself, name the fine
which should bo Imposed nud calls
upon the court to do so in ease it
adheres to the view that Judge Lan-'
dls abused his discretion In Impos
ing so largo a fine.
The petition Includes:
"It Is therefore respectfully sub
mitted: -
That the opinion of this court Is
bnsed upon a misconception or the
record with referenco to thw rulings
of the trial Judge ns to the admission
or evidence tending to show want or
knowledge, and with reference to his
construction of the statute on that
subject, nnd the theory on which the
-use was tried; that the evidence of
Hogardus which It Is claimed showed
want or knowledge wns admitted.
hat it was overcome, however, by
Mie facts and circumstances of the
'ase, and that the evidence ns an en
tirety was sufficient to show net mil
knowledge, or what In law was 11b
equivalent;
That the Interpretation of the stat--lte
by this court, imposing no duty
in the shipper and permitting a de
'ense of Ignorance to ho made with
out regard to the negligence of the
shipper, is contrary to the lungunge
of the statute and to Its purpose, nnd
seriously Impairs the efficiency of
the act ;
Thnt the ruling stated In the opln
'on ns to the bawls for determining
he number of ofien&es involves nn
'rroneous const I'ucti'iii of the statute
nd falls to take Into consideration
thnt the thing which is prohibited by
the net is the transportation of prop
erty at the unlawful rate;
Thnt the criticism of the tHnl
Judge for nbuso of discretion rests
upon a wrong nssumptlon of what
the trial judge actually did and as
sumes that he attempted to try and
the Standard OH Compnnv of
New Jersey, when In fact, ns appears
from the record, tho entlro proceed
ings were directed ngalnst the de
fendant, tho Standard OH Company
f Indiana;
That the ruling stnted In the opin
ion to tho effect thnt a line Is ex
cessive when It exceeds in amount
tho ability of tho defendnnt to pav
Is an Innovation In criminal law and
'f generally applied would prevent
he practical enforcement of most
rlmlnal statutes;
That, In short, the opinion ns It
stands erroneously stalen material
'Millions of the record; does Injustice
'o the trial judge; leaves doubtful In
'i new trial the rule or law to he lip
plied, both ns to knowledge on the
nart or I hi shipper, and ns to the
'lumber or offenses; appears to be in
"oiillict with the language or the Hu
oreme Court and with Iho previous
hiuguiige or the presiding Judge of
his court, nnd with the great weight
')f legal authority: nnd, If permitted
to remain unmodified, will tend to
rtncourage disobedience to law. to
Impede Hie enforcement of salutarv
statutes nnd largely to defeat their
purpose.
For tho reasons stnted we respect
fully request thai n reargumcnt of
this ense b granted."
The petition is signed:
CHAULKS J. BONA PARTE,
Altorney-Geiiornl.
Fit A Nit It. KELLOGG,
Special Assist, to Atty. Gen.
EDWIN V. SIMS.
Tnlted States Atty.
JAMES II. WILKEItSON.
Special Assist. U. 8. Atty.
How to Avoid Appendicitis.
Most victims of appendicitis tre
those who ure habitually consH tint
ed. Orinu Laxative Frull Svrup
cures chronic constipation oy stim
ulating tho liver and bowels nnd res
tores the natural action of the bow
els. Orlno Laxative Fruit fyrup
does not nauseate or gripe and Is
mild nnd pleasant to take Itefuse
substitutes. Ited Cross Pharmacy.
J. W. Hamlltot, PrasMent.
J. F. Darker, Vice Pre4iat.
J. W. Maollto
N. Bice.
J. V. MhrKm,
b. c. fertrtn, tmm. v. tarkkv '
$ C. im I
TCt$
ROSEBURQ NATIONAL RANK
tb'itV4 it 9.
CAPITA - OQO.OO
Hnfet) Deposit Imii's for r.. ft) fldofkl W.tt, or will
rent by the month.
Our conservative managenientOVi8 'I advan
tages to present and propertive patroJSB Je iB prepared
to handle all business entrusted to us accHrDQto fitd expedi
tiously. O
TURN 1IILIC1
Such is Wm. H, Taft's Advice
to "Solid
SPEARS AT HOT SPRINGS VA.
Rjosevelt Planning African Jungle Hunt
aggrieved Wife Snes For
$250, 000
Sprainl to llin Evening Review.
. HOT SI'KINGS, Va.. Aug. 21.
AddroHsIng a meeting of Virginia
republicans here today, Wm. H. Taft
appealed to tho "Solid South" to
break from the democratic column.
He tmld, In part:
'KverybuUy having tho interest of
the country nt heart would rejoice to
see the 'solid south' broken as a
democratic asset. HepubllcaiiB have
taken steis for the development of
the south for the reason that the
south has bo little Influence in the
executive branch of the government
because it Is Bure to support demo
cratlc candidates. The only cure is
to support republicans. The south
realizes thnt n threat against proper
ty is Involved In placing the demo
cratic party In powor under Its pres
ent leadership."
llooyv'vett'R Plans.
MOW YORK, Aug. 21. "I am
about through ; I have done my work
and want to get away so the new
administration will be unable to ask
my advice." are the words uttered by
President Roosevelt to friends, ac
cording to an nrtlcle in the current
Issuo of the American Magazine. He
Is quoted ns saying that he is anxious
to meet tho Kaiser without pomp,
hut is more interested over invita
tions to hunt with the King ot Iltaly
nnd tho Kmneror of Austria. How
ever, the president will go direct to
Africa, lo hunt in the Junglea. He
hns contracted with the American
Mngnxlne for narratives ot his hunt
ing trips.
Australians Delighted.
SYI1NHY, Australia, Aug. 21.
The first day's formnl entertainment
of tho ollleers nnd snltnra of the Am
erican huttlesblp fleet came to a
brlKht close tonight with a dinner
given by the state department. The
speeches mnde urged the cementing
of lies of Hie white rnces for the
defense or tho Pnclfle Islands against
I lie yellow races. Lord Nortncote,
the governor general, and Premier
Denkin paid tributes to the United
States nnd complimented the fleet
nnd the officers and sailors.
Wife Hues For IhiiiuigeM.
NEW YORK, Aug. 21. Declaring
she found Mrs. Lizzie Hastings
Holme nnd her husband, James B.
Dunn, formerly manngcr of the Hotel
Savoy In Sun Francisco, In each oth
er's rompnny. "In pink pajamas,
drinking whiskey and smoking
cigars," Mrs. Snrah Dunn today filed
a suit fur 'r,0,nil0 ror alienation ot
her husband's affections. Mrs. Dunn
recently created a sensation by at
tacking her husband nnd Mrs. Holme
on a board walk at Atlantic City.
TEA
Why isn't everything
moneyback?
Everything: isn't good
enough.
Your troccf retarni renr aastr U res 4oa1
Uk. fc.biUim'1 B; par Sim.
A.
V.
C. Marsteri, Cashier.
T. Wright, Asat. Cashlo
ul. Roberts.
J. O. JL
k Atottfrai. o
X
I
1-