Morning Oregonian. (Portland, Or.) 1861-1937, November 02, 1903, Image 1

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VOL. XLIIL NO. 13,383.
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Special Bargains in Cameras
e-Photo Cycle Poco D, 5x7
e-Photo Cycle Poco C, 4x5
ay Premo No. 5, 1900 Model, 5x7 35.00 16.75
perial Magazine, 4x5.. 10.00 4.50
LiW U 1 1 iiUJjjJ u
Rates No Higjier Than
JL. SAMUEL, Manager. 306 Oregonian Building, Portland, Oregon.
Therc Life and
I . iML .1
. Tnr !
Sa M
""JlB t
BilMAUtR & num. ioie uistriDuters, wnoiesaie Liquor and ogar Dealers
European Plan
J"f . s
Cordrny and Bus&ell,
People's Popular Prices. 15c, 25c.
mm - "v
ras--? jssss if m- & t
latlnce prices: Children 10c. adults 25c
SSght !s Priceless
"When It Is tampered with through Inexperience, then you "will realize
the importance of a perfect correction. Consult us when this Is the
case, as we can Insure proper results.
Oculists' prescriptions accurately filled.
WJ& Y6 VtorrienfigfM
CX1 ' L xiar SSmSMsS mSm ms m
MnfK. Jevreler ami Opticians.
Condition Improved After a Strike-
More Trouble Ahead.
BILBAO, Nov. 1. As the result of me
diation, the ironworkers of Bilbao will no
longer bo compelled to live cooped up in
the barracks provided by the mining com
panies, and they will no longer be forced
to purchase food from the company stores,
which has bech often declared unfit to
Instead of being paid by the month,. they
will hereafter be paid every week. They
Iiavo be en refused, however, the -right to
organize, and it Is believed thl3 refusal
fwlll lead to trouble in tho future. Tho
Etriko affected 35,000 men.
IX BOTTLES Never in Bulk.
Trial size 23 cpnts
Medium size 50 cents
Large size $1.00
Regular. Special.
$33.00 $19.50
.- 32.00 17.25
Other Companies
and MALT
Strength la Every Drop",,
t AH Xrarrlc.
C. W. KXOWLES, aigr.
$1.00, $1.50, $2.00 per Day
The Rich
i ints of Autumn
can be preserved on your
floors during the cheerless
Winter months.
Opposite Chamber o Commerce.
Main 092.
Portland's Popular Family
At the Old Cross Roads
3c. 40c and 50c Phone Main 291
Tier: ,
Cor. Thlrtl and WaiblBgtea Sta.
Train Crashes Into Vehicle With
Corpse, Killing Four Persons.
CHARLOTTE X. C.. Nov. 1. A south
bound passenger train on the Southern
Railway crashed fnto a funeral party at
Glass, a flag station a few miles riorth
of Charlotte today, killing four persons
instantly. The dead are:
John Key, Benjamin TIppett, Ban
Weaver, Lulu Townsend. 4
The vehicle containing th enrnM
j tho four victims was crossing the railroad
trades when the mules "drawing them
balked and the heavy locomotive struck
the outfit squarely, .killing all of the oc
cupants. SmashlniT the coflln anrt hnrrlMr
J mutilating the corpee.
Adolph BurkhardtKilled
by Samuel Baumann.
Fired Shots, He Says, to Scare
Halloween Marauders.
While on His Way to Home of Hay
woods, Enemies of Baumann, Two
Portland Boys Are Assailed and
One Falls, Fatally Wounded.
"While celebrating Halloween Adolph A.
Burkhardt was shot and killed by Samuel
Baumann, near Bertha, late Saturday
night. Baumann, -who says he fired the
fatal rifle shot to scare away boys bom
barding his house with a fusillade of bul
lets, came Into the city and gave himself
up early jesterday morning. He will be
charged with murder In the first degree.
Harry Fuller, the companion of Burk
hardt, and the only witness of the shoot
ing, tells a story of intentional murder.
His account Is weak in many points. To
determine the truth an Inquest will be
held this afternoon. It Is expected that
a tale of a long-standing feud will be un
earthed. Baumann, tho man who- fired two rifle
shots at Burkhardt and Fuller, had. It
appears, been in constant trouble with
the sons of H. D. Haywood, the farmer
for whose house on the Garden.Home road
the young men were headed. Dogs had
been killed by Baumann and by the Hay
wood boys In return. That Baumann in
tended to Injure some one seems certain
from the testimony of Fuller, and from
the position of his house and Burkhardt's
body w hen found. "Whether the shot was
Intended for the Haywood brother, or for
Burkhardt, or was fired to scare away
maraunders, Is the question the Coroner's
Jury must decide.
Dead Man a Portlander.
Burkhardt, who was 20 years of age, was
the son of J. J. Burkhardt. 934 Bast An
keny street. Together with Fuller he
roomed at the stable of James Lyons at
Union avenue and Bast Alder street. He
had been driving a team for C ilorris.
News of th& killing reacpx' the city
about 1 o'clock yesterday mcrnlng. C IL
Skewes, as representative of Coroner
Flnley, -went out before daylight to re
cover the body. He met Baumann driv
ing into the city to surrender himself.
"With Skewes was Fuller, who had walked
Into the city. He said last evening that
at the time of the shooting he had recog
nized Baumann 100 yards away in the
moonlight. But when. In the Coroner's
buggy he did not recognize Baumann' In
davllght, though he was but a few feet
"An Accident," Cries Baumann.
Baumann was then much excited and
cried: "It was all an accident." Fuller,
knowing him then, contradicted him, de
claring that Baumann had tried to kill
Burkhardt. Baumann Is now In the Coun
ty Jail, and by the orders of Sheriff Storey
no one is allowed to see him.
"We left town at 8 o'clock," said Fuller
last evening at the Coroner's office. "We
went up the rod from Corb'ett street, and
.walked slowly up the hill. "We were going
to Haywood's house, where we go almost
every Saturday night. We had, one small
pistol with us and we fired It
off occasionally. "When some dis
tance up tho hill we heard other shots
further on and answered these. We kept
this up for several minutes. I always fired
the pistol straight down Into the gulch.
which was covered with brush. When
not far from Haywood's house, it was
about 11:30 I guess. We had not heard the
other shots for several minutes then."
"Suddenly I saw something in the moon
llgnt fully 100 yards ahead of us. Then I
saw that It was Baumann and that he had
a gun. At once I heard him shoot, and
felt the bullet pass near me. We both
started to run back down tho road, In
tending to climb the bank and escape Into
the brush which grows on either aide.
Story of the Eye-WItness.
"Baumann fired again and I heard Burk
hardt cry out loudly, I was nearly up the
bank then, and Burkhardt was a few feet
behind and not yet up tho steep bank.
Then I saw Baumann turn back toward
his house, which Is about 100 yards further1
back from where ho shot at us. We had
not run more than 20 feet before Burk
hardt was shot
"I pulled Burkhardt up on the bank.
He was gasping but was able to speak
once 'I'm. going,' he cried. That was
Baumann,' I told him. Then ho fell back
and seemed to be already dead. I ran
along the bank to Haywood's house- nearly
half a mile away.
H. D. Haywood, an elderly roan, and his
daughter, Mrs. May Dickson, went back
with Fuller to the spot where Burkhardt's
body had been laid. Either in his deaths
spasm or from some cause he had moved
fully 20 feet, but was dead when his com
panion reached him.
Fuller then came to tho nearest tele
phone In Portland and called up tho cor
oner's office It was then 1 o'clock. As
Depaty Coroner A. L. Finley was absent
on another case, C. H. Skewes made the
Baumann's house is on tho other side
of the hill which flanks the Garden Homo
road over which the young men wero trav
eling. The place is about three miles out
side the city limits. The road there run3
In a curve along the hillside.
Mrs. Haywood told Mr. Skewes that she
had seen the flash of the second shot from
her window. The exact spot where Bau
mann must have stood is hard to determine.
The accounts are extremely contradictory,
and It Is believed that there la more In tho
affair than appears on the surface.
"Why did you and Burkhardt flro those
shots? was asked of Fuller, t X.
, Were Celebrating Halloween.
"Oh, we were Just celebrating Hallo
ween," he replied.
"Were the Haywoods expecting a visit
when you reached there a little beforo 12
"No, they had given us up and had
gone to bed."
Mr. Skewes had asked him If he had
shot the pistol after Baumann had fired
the fatal shot which struck Burkhardt's
"No, well, yes, I Baw something white
near Haywood's house and took a shot at
IL But it was a pig."
Burkhardt's brother married Haywood's
daughter Edith. The young men were ac
quainted in the neighborhood and fre
quently went to the Haywood residence.
"How did you know It was Baumann
who shot at you?" was asked of Fuller.
"I have seen him a few times, but never
to speak to," was the reply.
Baumann's Feud With Haywoods.
It appears that Baumann and tho Hay
wood boys Del and Roy, had been in con
stant trouble. One killed a dog belonging
to tho other family, and the compliment
was returned In kind. Baumann told the
ofllcers that a short time before he went
out into the road and shot Burkhardt
that a band of boys had shat several
times at hlsjjouse and that he had heard
the bullets strike the side of the bulldlng.j
He had gone out to frighten away the
marauders whom he feared would kill
some calves In a nearby pasture. In the
dim light he had mistaken Burkhardt and
Fuller for members of the gang, whom
they had heard a short time before shoot
ing In the vicinity of Baumann's house.
According to Fuller the nlrst shot from
his 44-calIber rifle came close to Its tar
get. The second killed Burkhardt, striking
him in the back and penetrating the body.
Tho shots do not appear to have been
fired with the sole Intent of frightening
away any one.
Murder In First Degree Charged.
"Baumann will be charged with murder
in the first degree," said District Attor
ney Manning last evening. "It seems that
if he didn't get the man he was after he
certainly tried to kill some one."
Mrs. Baumann told the coroner's repre
sentative that her husband had not gone,
outside the yard, that he had stood near
the dwelling and fired in the air at the
boys who had been shooting at the house.
Helpless Against Russian Occpuatlon
of Mukden.
PEKIN, Nov. L The Chinese govern
ment is greatly disturbed a the reoccupa
tlon of Mukden, tho capital of Manchuria,
by Russian troops. The Foreign Office
Is appealing to friendly foreign Legations
for help and advice, admitting its own
helplessness in the matter.
The Russians returned to Mukden on
Thursday or last week. According to ad
vices received by the Chinese government,
1500 Russian soldiers took possession of
the -official buildings there, and barricaded
the gates. There are between 15,000 and
20,000 Chines troops In and about Mukden.
The Communication relating to Mukden is
as follows:
"THe Russians employed a noted brigand,
who was accused of many crimes against
the Chinese, as chief of one of tho Ir
regular bands of police that are organiz
ing in Manchuria. The authorities re
peatedly requested the surrender of this
man, and the Russians recently consented
to give him up.
"Thereupon a Chinese officer decapi
tated the brigand without giving him a
trial. When this became known, -th,e Rus
sians demanded the execution of this of
ficer within five days, giving as an alter
native the seizure of Mukden.
ThL Chinese Forcln Ofllre was nego
tiating with Paul Lessarf the Russian
Minister, on the matter, and offered to
banish the ofllcer, pleading that he had
exceeded his instructions, and to remove
the Taotal, his superior, from office.
"There was a misunderstanding as to
the time limit set for these negotiations.
Tho Chinese thought It expired yesterday.
Before the negotiations were completed
the news was received here that .. Russia
had fulfilled her promise to reoccupy Muk
den. Alexleff Leaves Port Arthur.
PEKIN, Nov. 1. The fact that Viceroy
Alexleff has removed his headquarters
from Port Arthur to Vladivostok has
caused great surprise In Pekin. It is gen
erally, conjectured that he was unwilling
to risk passing the Winter at a port which
the Japanese undoubtedly would make a
strenuous attempt to blockade In the event
of war, thereby preventing the Viceroy
from communicating with his government.
Commissioner Says French-Cana.
dians Will Abide by Decision.
BOSTON, Nov. 1. A. D. Aylesworth,
one of the Canadian members of tho
Alaskan Boundary Commission, arrived
here today from Liverpool on the steam
ship Mayflower. Speaking of the decision
ho said:
"I think the decision was most unjust
and unfair to give all to the United
States and nothing to Canada. Sir Lewis
Jett and myself held the opinion that the
decision was wrong while the others held
they were right."
When asked what effect he thought tho
decision would have on Canada's future
Mr. Aylesworth said:
"I don't think it will have any politi
cal effect. The Frenrfh-Canadlan people
are the most loyal subjects that England
has In Canada. There Is no more loyal
British subject In Great Britain than
Sir Lewis Jett."
Anvil Printing Plant Destroyed.
PHILADELPHIA, Nov. 1. The large
plant of tho Anvil Printing Company, In
West Philadelphia, was destroyed by fire
tonight and much surrounding property
damaged. Tho loss was estimated at
$200,000. Surrounding property was dam
aged to the extent of upward of $100,000.
Eagene E Schmltr, Union Labor.
Richards Has Way in
Lieu Land Tangle.
Only Non-Timbered Tracts
for Those in Reserves.
Commissioner Opposes Any That Re
tard SettlementFavors Giving
Forestry Matters Over
to That Bureau.
y- o
LIEU LAND EVIL Law should b
amended so only non-Umbered land
may be taken In Ilea of land within
a forest reserve.
such areas ns are absolutely re
quired to preserve the timber and
protect the water supply should bo
ness in the General Land Office
pertaining to forestry, excepting
lieu selections and matters aftect
intr titles, should bo transferred to
the Bureau of Forestry.
bidding it should be amended o
as to give the Secretary of the In
terior discretionary powers in ex
ceptional casos.
ington, Nov. lV-If Congress will carry out
a simple recommendatic-Yx contained in
the annual report of Commissioner W. A.
Richards, of the General Land Office, made
public today, one of tho greatest evils
growing out of the forest reserve system
will be checked, and the Government -will
be In a fair position to proceed with the
extension of reserves in forested areas of
tfte West, Commibsionet- Rjchard3 deals
with the lieu land question .In an alto
gether new manner, and offers a most
simple solution of what has heretofore
been regarded as an Involved und vital
"I recommend that the act of June 4,
liST, as amended by the act of June 6,
1S00 the law authorizing forest reserves
and providing for their administration be
further amended so that only non-timbered
land may be taken In lieu of land
within a forest reserve."
That Is the whole thing In a nutshell.
Continuing, the Commissioner says:
Unfair to Government.
"In the exchange of land within a for
est reserve for other public land. It fre
quently occurs that land from which the
timber has been cut Is exchanged for land
heavily timbered. This is manifestly un
fair to the Government, but cannot be pre
vented under the law. While It Is consid
ered to be impracticable to require that
only land of like value shall be taken In
exchange for land In a reserve, it might
be provided that timber should not be se
lected In lieu of such land, just as mineral
land Is now excepted from such selection.
"There would be no hardship In this re
strlctlon, as the timber can be taken off
the land In the reserve before the ex
change is made, and. In fact, this Is gen-"
erally done. In addition to this Is the fact
that these exchanges are optional with the
owners of land in a reserve. He is not
obliged to make the exchange."
The commissioner sas thero were 5504
forest lieu land selections pending on the
first of last July and they involved an
approximate area of 1,263,136 acres.
Creation of Reserves.
For the first time, the Commissioner
officially declares his policy as regards
the creation of new reserves, and as to
changes In the method of administering
reserves already or that may hereafter be
established. At the present time, when so
many temporary withdrawals pending, and
final action not yet In sight. Commissioner
Richards' views on the qdestlon of forest
reserve extension are doubly interesting.
"The work of forest reserve extension
has been pushed forward as rapidly as I
H. J. Crocker, Republican.
possible during the past year," says he.
It has, however, been greatly retarded
by a lack of. authentic information respect
ing many of the regions under considera
tion, which hns prevented recommenda
tions being made, as yet. In many cases.
"It Is undout'edly a matter of first Im
portance that the reserves thus far es
tablished should bo supplemented by such
additional ones as are needed to form a
comprehensive series, such as will Insure
full protection to the water and timber
supplies of both the Rocky Mountains and
Pacific Coast regions. As yet, neither of
the two great ranges of these regions has
a sufficient chain of reserves protecting
Its entire length, nor has the matter of
reserving as many sources of water sup
ply as may be needed in connection with
the Irrigation movement been fully deter
mined. Would Limit Withdrawals.
"While Impressed -with the urgency of
losing no further time In protecting all
needed watersheds and other Important-
areas, I deem it of equal Importance that
no hasty or Ill-advised action should be
taken in connection with a measure of
public policy that Involves withholding
extensive areas from settlement. The
forest reserve system Is simply one of
the features of our general land policy,
and requires to be so administered as to
be made to serve the main purpose and
intent of that policy the settlement of tho
country by home-builders.
"I am of the opinion that any admin
istration of the forest reserve sys
tem that results In unnecessarily with
holding areas from settlement should be
avoided. Only such areas as are absolute
ly required to preserve a supply of tim
ber for present and future needs, and to
protect Important sources of water sup
ply, should be withheld from the general
area available, for settlement. Acting
upon this principle,. I have proceeded
slowly In tho matter of recommending
the setting apart of new forest reserves.
Careful expert examinations are deemed
essential in considering all cases. A gen
eral scheme of reserves ha3 been mapped
out, and thorough field examinations will
be made before final action Is taken. In
any case.
"Jn the meantime the precaution Is tak
en of securing the lands from speculative
appropriation by temporarily withdraw
ing them from settlement and disposal of
all kinds."
Forest Reserve Fires.
Commissioner Richards highly com
mends tho work of forest rangers in sup
pressing forest fires throughout the
West. Tho effectiveness of the present
fire protection system is shown by the
constantly decreasing number of fires in
reserves. Whereas In 1001 1335 flres were
discovered; in 1002 there were 10S3, and in
1003 only 597, while the area in reserves,
and for which fire reports were made, was
materially increased each year. The ex
cessive fires reported last year were in
the Cascade reserve, Oregon; Balnler re
serve, Washington, and the Teton and
Medicine Bow reserves, Wyoming, where
location, weather and wind conditions
! made it practically lmpojslble to control
tho flames, once they got under way. "
Free Use of Timber.
There is a growing- demand for the free
use of forest reserve timber for domestic
purposes, and In the development of mines
within forest reserves, but as yet the ag
gregate amount of timber so used is com
paratively small. Commissioner Richards,
in his report, endeavors to correct an
impression that obtains to some consid
erable extent among residents in and near
forest reserves, that they are entitled to
free use of timber to supply fuel or other
needs Incidental to conducting business or
commercial enterprises.
Persons conducting hotels, road ranches,
way stations and similar places are not
among those who are permitted tho free
use of reserve timber, nor can settlers
make use of free timber In th manufac
tur of crates, boxes, etc., for the ship
ment of the product of their land, or for
fencing, corrals, or otheruse In further
ance of grazing or any other industry
conducted as a matter of speculation upon
other lands than those owned or claimed
under the public land laws by tho stock
grower,, rancher or settler.
Timber Shipments.
Commissioner Richards declares the
forest reserve act of June 4, 1S37, Is de
fective In requiring 7that all timber pro
cured from forest reserves shall, without
exception, be used In the state or ter
ritory In which the reserve lies. While
such limitation Is undoubtedly well In
some Instances, yet he says cases arise
In which It results In working a serious
hardship. It is pointed out that persons
living in Wyoming, near the Black Hills
forest reserve, and In Montana, near the
Big Horn reserve, and In Southern Wyo
ming, near the Uintah reserve, are com
pelled, by their necessities, to violate the
law, since they live on prairie land, and
can only secure timber from the reserves
lying across the state line. These re
serves contain their natural sources of
timber supply, and yet they are deprived
of It. The same conditions exist in Ore
gon, Washington, Idaho and California.
"While leaving this restriction operative
(Concluded on Page 3.)
Xranklin E. Lane, Democrat.
Battle With a Posse in
Fear of a General Uprising
on the Rosebud Agency,
Have Been Violating State Law In
Killing Wild Game Said to
Have Stolen Cattle to Fill
Hungry Stomachs.
CHEYENNE, Wyo , Nov. 1. Governor
Chatterton has been advised of a fierce
battle that was fought late yesterday af
ternoon on Little Lightning Creek, 50 miles
north of Luck, in Eastern Wyoming, be
tween Sheriff W. H. Miller, with a posse
of six men from Weston County and a
band of Crow Indians on the way to the
Sioux Agency at Rosebud.
Sheriff Miller Is reported to have been
killed, oneof his deputies fatally wound
ed, two others slightly wounded, while
three Indians are reported killed and
several wounded. Only the most meager
details of the affair have been received,
but posses are hurrying to the scene from
Lusk. Douglas and Newcastle.
The Indians who have been slaughtering
antelope, deer and other wild game In
violation of state laws and in some in
stances have killed cattle, are hurrying
toward the Rosebud Agency, and an ef
fort will, be made to head them off.
It Is feared that they have sent couriers
on ahead and may arouse the Indians at
the agency to action in case an attempt Is
made to arrest the murderers
Governor Chatterton has Instructed tho
troops at Douglas. Buffalo and New
castle to be In readiness to be moved on
short notice and further details ofx the
affair are anxiously awaited.
Owing to the fact that Ihe Indians' ra
tions have been cut oft and they .are said
to be In a starving condition conse
quence, a serious outbrtH: iJ 'areu.
Paymaster Stewart Rhodes Dead.
HONOLULU, Nov. 1. Lieutenant Stew
art Rhodes, Paymaster, United States
Navy, stationed at the Hawaii naval sta
tion. Is dead. Lieutenant Rhodes was re
cently operated on for appendicitis. His
body w as brought here today on the Iri3
under military escort.
All the three candidates for Mayor of San
PrancUco are confident of election. Pose 3.
Secretory Hitchcock says that llttlo land has
been fraudulently obtained in the North
west; guilty will "be punished. Pago 2.
Commissioner Richards. oC the General Land
Office, submits plan for solution of lieu
land muddle. Pago 1.
Pope calls on Roman firemen to extinguish
tire In tho Vatican. Pago 2.
The Chinese sov eminent Is crying out to
powers offalnst the Russian occupation of
Mukden. Page 1.
Japan Is for peace, but feel3 that conflict with
Russia is inevitable. Page 2.
James Smith, Jr., receiver for the shipbuilding
'trust, denounces organization as an artistlo '
swindle. Page 4.
Starving Crow Indians have battle with Sher
iffs posse In "Wyoming, near Rosebud
agency. Page 1.
Edward "Went, young millionaire, held in
Cumberland Mountains for ransom. Page 2.
Dowie's hosts hold closing services in Madison
Square Garden beforo slim, audiences.
Page 2.
George A. Alrle. Chief of Police, of Morgan
Park, killed by a negro; trouble started by
Hallowe'en pranks. Papca 5.
Funeral services over the remains of Mrs.
Booth-Tucker held In Carnegie Hall, New
York Pago 2.
Fires and Accidents.
Fireman Morris killed, several trainmen in
jured and "Florodora' scenery burned In
Southern Pacific wreck. Page 12.
The Bowery, at Coney Island, la destroyed by
fire that rages for seven hours. Page 3.
Crestline, O., is terribly shaken by tha ex
plosion of two cars of dynamite. Pago 2.
Twenty-minute flro In a New York tenement
results In death of 23; windows Jammed
with fighting humanity. Page 3.
Sixteenth -victim of the Blr Four wreck dies
at Indianapolis. Pace 2.
Pacific Coast.
James McComb dangerously wounda Deputy
Marshal "Walter Smith, at Joseph, Or.
Page 12.
Records of the Supreme Court show that Henry
St. Rayner was never permanently admitted
to the Oregon bar. Page 11.
Coos Bay-Roseburg stage upset; H. C. Jones
receives serious injuries. Page 4.
Puget Sound wholesalers plan campaign to gat
trade of Eastern "Washington and Eastern
Oregon. Page 4.
Scores of Pacific Coast Leaeue: Portland 11,
Los Angeles 5; San Francisco 0, Seattle 4;
Sacramento 4-5, Oakland 0-2. Page 5.
Multnomah's defeat by Berkeley due to ragged
team work. Page S. f
Portland and Vicinity.
Adolph A. Burkhardt Is killed by Samuel
Baumann. Page 1.
Jefferson Myers, president Lwis and Clark
Commission, finds Eastern business men in
terested in local Exposition. Page 12.
Row in GranKvenue Presbyterian Church to
be investigated today by Presbytery.
Page 10.
Fire destrojs Standard box factory and str
roundlne buildings. Page 12.
Empjre Theater to close as a vaudeville house
next week. Page 10.
Foreign coemments to be Invited to partici
pate in Lewis and Clark Fair. Page 8.
Health bplletln Instructs teachers in care of
pupils. Page S.
Longshoremen go on strike. Pago 11.