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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 21, 1909)
e T Ht..--,j4 'f VOL. XLIX.-XO. 13.12G. POKTLAM). OKi:c;ON rilUKVY, MAY SI. ltKl. TUFT IS BELIEVER SOLDIER'S WIDOW DR. HILL BEATEN FOB MODERATOR STUDENTS STRIKE DREADNOUGHT RACE CRAZY AND SINFUL CAPTIVE BALLOON SCORES "SINGLE" PRANK AND HELEN GOULD DIVORCED FIGHTS BURGLAR MRS. I.OXOSTRFKT TARKS RfX SHOTS AND HITS. AND QUIT STUDIES IfJ MECKLENBURG MUTRTOX HIGH SCHOOL. If. poitTi-xn-i.o Ar.r.ijt mf HS OII INTl Kltl PTION. St F.XE OF WALKOIT. First Declaration for Independence. HIS POLICY TOWARDS SOUTH Seek to Create Tolerance, Ap point Best Men. CLOUDBURST CAUSES PANIC But Taft Stand Calmly Smiling Throughout Downpour and Rf- Th-ws Parade History of Famous Convention. CHARLOTTE. N. C. May 30.-Prei.i-ient Taft came to Charlotte today. the home of the Mecklenburg declaration of independence. slimed in May. 1775. and placed himserT squarely on the side of those who look upon the declaration as one of thft first significant steps which led ultimately to American Independence. In hia address today ' the President clearly explained his policy toward the South. His Policy Towards South. "I do not believe we are on the point t a political revolution In the South." he said. "t never have had such a dream. What I do desire and believe we are on the eve of is a complete toler ance of opinion and that there shall grow Into respect and power ah intelligent, righting opposition party In each state." As to his appointment of a Democrat to the bench, the President declared that through the South he Intended to pursue the policy of appointing to office only those men who. Republican or Dem ocrat, could command the highest con fidence and commend themselves to the community in which they lived. A cloudburst during the afternoon Just as the splendid parade r passing In review before the PresicJ threatened serious consequence. It threw the throng In front of the reviewing stand into a panic and there was a wild rush for belter. The President's box was a goal for many men and women, and the Chief Executive had to be surrounded to save him from tho sudden crush. A passing industrial float became en tangled in a live electric wire and tore It from its support, the slender thread of copper sagging almost to the heads of the crowd below. To add to the tense situation, there was a, blinding flash of flame and a loud re port not 60 yards from where the Presi dent stood. It developed later that some black powder Intended for saluting pur poses had been prematurely Ignited. No one was injured. Harmonizer of Hearts. The President received quite a drench ing and for a time It seemed that the frail canvas covering of the reviewing eand would tumble about the heads of those beneath. Among these was Mis. Stonewall Jack son. When she had met Mr. Taft earlier In the day she had earnestly exclaimed: "I am indeed delighted to know the harmonizer of all our hearts:" Citizens of Charlotte gave a public re ception to the President tonlirht and he left on a late train for Washington. Mr. Taft was quite hoarse as a result of his encounter with the dust of the Peterburg battlefield and the Charlotte rain. Vast Crowd Welcome Him. Mr. Taft and party arrived here at 1:15 A. M. from Petersburg. Va. Mr. Taft was greeted by an Immense throng which had gathered at the Southern Rail. way station. It required the services of several companies of militia to keep the cheering crowds st the depot In check as the President atighted and made his way to a waiting carriage. Mr. Taft, accom panied by Captain Archibald Butt, his military aide, mas met at North Char lotte by a local committee, and upon his arrival here by an rmposlng com mittee of citizens and escorted to the Selwyn HoteL Arriving at the hotel, the President held a reception. Then, with scores of Union and Confed erate veterans for his escort, the Presi dent, accompanied by Mrs. "Stonewall" Jackson, proceeded to a reviewing stand, from which he witnessed the passing of wobably the most noted parade ever held in this city. Irge detachments of the National Guard of both North and South Carolina were in the line. The Industrial, colonial and floral divisions were made up of handsomely decorated floats. More than s"0 farmers were In line on horse back. Many wore accompanied by their wives and children and appeared in colonial contumo. Mecklenburg Srxfke Firei. Mr. Taft takes the position that, re gardless of the exact language of the declarations made in May. 1775. a full year before the signing of the Jef ferson declaration at Philadelphia. July. 177S. the fact remains that there was a declaration of Independence on the part of the citizens of North Caro lina. "It is not so material as to the ex act language ued." said the President today. 'The measure of a declaration for the principles of civil liberty and "--r-'--Mt ob Pm. e. Open Fire a Marauder Free and F.mptle Pistol Burglar Staggers In Flight. GAI.N55Vn.LE. Ol, ry 50. Mrs Helen G- Long-street, widow of the Con federate General and postmistress of this place, fought a duel with a man whom she discovered In ber home about 2 o'clock this morning. Mrs. Loag street was awakened by a noise In ths house, and getting out of bed. secured a pistol and went to Investigate. "When she entered the dining-room, she saw a man there trying to open the closet In which the table silver was kept. She called to him and the man turned and ran for a window. Mrs. Longstreet opened fire and the man drew a pistol and fired once. Mrs Long street ronUnued firing at the fleeing man until her pistol was empty, she thinks she hit the man. as After one shot was fired he staggered and nearly fell. Mrs. Longstreet sleeps with a pistol under her pillow, and Is an expert In the use of the weapon. JURY ACQUITS M'CULLEY Prisoner Acted In Self-Defense In Killing Cornelia Flnnocane. LAKEVIEW. Or, May 20. (Special.) The trial of Robert McCulley. on of the prominent young sheepmen of Lake County, for killing Cornelius Fln nucane. ended In a verdict of not guilty last night. Much money was spent In the trial. four lawyers appearing for the prose cution andvtwo for the defense. A week was consumed In the trial, the last day being devoted to arguments to the Jury. The evidence showed that Flnnucano attacked McCulley on the public range and the latter committed the homicide In self-defense. Tha trial attracted much attention, and tha verdict Is a popular one. WATCH IS HELD ON CLERKS Councilman Finds Employes Toe Slow In Waiting on Customers. SEATTLE! Wash., May 39. Special Councilman Arnold Zebendln held hia watch on tho clerks in the light and water department today and found that, though there waa a long Una waiting be fore each window. It was 11 minutes be fore any clerk attended tha wants of the waiting taxpayers. He became wroth and announced in a loud tone who and what he waa and had the clerks jumping lively. "Such discourtesy to tha taxpayers of Seattle is a rank outrage." said the Coun cilman, "and there has got to be a de cided improvement in the system." LORD EATS HUMBLE PIE Makes Public Apology for Insult to American Countess. LONDON. May SO. Lord Ronaldshay. at a public meeting today, made an ab ject apology for an attack which be made at a recent political meeting upon the Countess of Granard. formerly Misa Beatrice Mills, of New Tork. He had alluded to the Countess u a "dumpy American heiress, who had been fortunate enough to secure a title." In his address tonight Lord Ronaldshay said he wished to apologize for what, he ad mitted, on thinking it over, was a "sin gularly ill-chosen Joke." WESTON IS STUCK IN MUD Pedestrian Has Hard Time When Xearing Colorado Line. DENVER, May 50. Edward Payson Weston, the veteran pedestrlsn. who Is walking from coast to roast, was all but stuck In the mud yesterdsy and was compelled by heavy rain to stop last night at Weskan. Kan., a little station 12 miles from Sharon Springs, near the Colorado stste line. It Is still raining heavily and Weston, who re sumed his westward journey this morning. Is not expected at Cheyenne Wells until late today. FIRST TRAIN AT KLAMATH Fifteen Hundred People Shoot for Joy at Sight of Iron Horse. KLAMATH PALLS. Or.. May (Spe cial.) The initial passecger train of the California Eastern Railroad - to reach Klamath Falls on the newly completed road was welcomed by aOout 160O people at the depot at 1 P. M. today. It was a spontaneous gathering of a long-isolated people to welcome the beginning of a new era. A band discoursed appropriate music and the people shouted and congratulated each other on the harpy event. PIONEER PRESS IS SOLD Detail of Change of Control tVwn pleted DUpaUli Now Owner. ST. PACL. M'nn.r May Tho PI one. r Frees will announce tomorrow morning that negotiations which have been pend ing for several days between the Pioneer Pre Company and the 8t Paul Dtapatrh have been completed, and thst the owners of the latter paper have purrhaeod Cie' co-it-rolllng Interest in tha pioneer Press. Eastern MembersUnite for Barkley. SECTIONAL ISSUE IS RAISED Three Ballots Decide Issue in Presbyterian Body. FULLERTON FOR UNITY Retiring Moderator Warn lit Church to Heal Protestant IHtI- slons Fleeting Commltee Coder New System. DENVER. Msy 20. nr. J. M. Bark ley, of Ietrlot. Mlrh , was elected mod erator of the General Assembly of the Presbyterian Church today, receiving 80 1 votes as against JI votes for !r. Edgar P. Hill, of Chicago. It was a battle of East against the West and the East won. Three, ballots were taken to decide th moderator. hip. and. had It not been for the withdrawal of W. I McEwan. of Pittsburg, after the second ballot, there Is no doubt that a long-drawn-out contest would have ensued. McEwan Breaks beadlorlu i ne nrst ballot resulted In a dead lock. Barkley receiving Il votes. Hill li4. McLwan JJ7. On the second bal lot Dr. McEwan'a strength fell away to Barkley-a grew to Its and Hill got 2IJ votes. Dr. McEwan took ths floor and said that In the Interest of har mony he would withdraw, on the third ballot Dr. McEwan's strength went to Dr. Barkley. w ben the assembly began Its sessions this morning Dr. B. p. Fullerton de llrered his address aa retiring re odor ator. There were mors than S000 par sons In the auditorium of the Central Presbyterian Church. His address fol lows: O row ill of Religions Doubt, Dr. Kullertoa began his address by reterlng to spread of doubt regarding tha fundamental doctrines of ths church, saying: When accredited ministers ef rhe church deliberately cast utclon upon a truta fundamental tb deity of Christ, is tne time not rlj for tha church to d Itself? Arlenlera Is not so bold now nor so blatant as In tbe imt It would b l duitrout If It were. Its arpro-b t. Btt, tie now. tt cbcmIi Itself behind plau.lt.le theories and to IB unltiated appear . well-eatablianed truth. T- hurt, however, to the cause comes rather from a iirk of positive convlcllao Is the church tipon this uocinno. a 1V1 or tl-aand bo tlon. concerning It which do aot aesliaw to defend lh.me.lvos. He said the church needed a correct version of the nature of Christ and bis relatione to It. It needed to redls cover nis deitr. Inadequate conceptions of which became ths source of a mul titude of evils. It needed to redls cover him as the redeemer and head. He went on to make a plea for some kind of organic federation of Protes tant churches which should prove the existence, of spiritual unity. He depre. tCentlnaed en Page 14 ) I a--, Sehool IVnsird Suspend Nine Pupil. Principal Side With Hois and Trouble Follows. SILVER TON" Or, May It (fecial 1 As the result of a fight here today rtetween Principal W. L. Ray. ef the local high school, and Messrs. Wj Row. ser. o. A. Bach and F L. Fmtth. mem hers of the school hoard, the scholars of the ertlverton High fir hoot walked out In a body at the noon recess. Aa appeal was mads to County Superin tendent ftrolth. at flm. and he re viewed the local situation, and ao ar ranged matters that school will be re sumed tomorrow. The trouble started over tha class rivalry between the sophomores snd juniors. as a result of a class rush. In which there was considerable dis order, ths school board ordered nine of the students suspended. Principal Ray took the part of the scholars, and seek ing legal advice in the matter, came t the conclusion that the school board was exceeding Its authority In such action, lie advised the pupils to re main In school. e Hearing of this, the school board again ordered their susaenslon. and when the nine went forth at noon, all their rlaeetnatca joined them. County Superintendent Fmlth decided that the school board was In ths wrong, and school will bs resumed aa usual to morrow. MORE JAPS GO ON STRIKE Trouble on Hawaiian Plantation Now I n voire 000 Men. IIONOI.II.I-. Mar h-Ont thousand Japanese employed on the, Kahuka plant, tlon struck t..lar. niakli g tho total num ber out on various est. tea more than """ They demanded the discharge of their Japan fort-men. declaring they were epw . snd the management refused to comply. Tha Oahu plantation la paying off to day, distributing ta.ona among It em ployes, and the siniu-ra have sgreed to ! peaceably. Ultra hundred strike breaker have been employed by the oe n -era. and twice that number offered their service. At the V aiala plantation the- da pa ne. have demanded tl a day. which sms to be tha general demand of field workers la the Island, but pending a reply they are still at work. The planters hold meet Inge dally and have announced that they are deter mined not to yVld. CANT LAY BONES IN ABBEY Dean of Westminster Firm In Deci sion About Meredith. LONDON. May IL-Th Dean of West minster's refusal to permit the ashes of Ueorse Meredith to be Interred In the Abbey sppears to be final and he d cllnea to give any reason. No effort has been spared to Induce the dean and chap ter to reconsider, but In vain ADLER GIVEN SIX YEARS nemerav a-e-Q OH CWT tlrlfSni flank Wretlrr. NEW Om.KA.V8. Mar :. William Adler. recently convicted on the charge of misappropriating funds of the now defunct Htate National Bank of New Orleans, was sentenced today to serve all years. -i - - :--- . i "I THINK I CAN SEE AN AUREOLE STABTINO." ' -atw. --jaKJ-r ' . - ( f vT ' ww-r--j' ' I- Allen Parker M. P. Is Opposed to War. ASKS TAFTS AID FOR PEACE Mohonk Lake Peace Confer ence Addressed by Many. . COST OF NAVIES IS TOLD Hcpre cwtallvc- of All Nation t'nlts) In Arguing ror F.r of I'caoe and lawtk to Amerk-a to Take led. MOHUNK. N. T-. May -"Craay.-"mad." -emotional Insanlt)." "sinful." era soma of tha terms uw today by Allen hakw. it. ! m telling the Mo honk Lake Pea Conference, afcout tireai bntain' Dreaa nought Parliament." "I larg-iy endorea." said Mr. I laker, -what PreaJdoatt Butler nag said aa to tha emotional Insanity of the preweot mad r. for batUeai-.ipa in Ureal l-ru-ala and Uormany. tnnr House of Com mons, of such am a member, is tne chief el r. rr in baling started the rragy competition a bulk.:.- Isosadaoughla. liut you must retneraber we have a yet " preea in Ureal Hrtiaia, and roea must not brltov all that it aaya reward-lf-g lb so-called Uermaa war Emperor." Seeaa Taft'a Aid He declared that the pssnt of the world fnaay lay la tha band of the V'nlted Utalca ti.itueny and Ureal Brit ain, and that the Cnited could on mult tKtainr acd England and thus prevent passable wrfr and stop tn lareadnougbta cow.potlTtow. If j- vl led Prestdent Trt ia tha Vead la Ui'.m direction. lluslaes mea representing II rhara bora ef commerce, from I stale and Canada who . attending the confer ence. adopted a resolution urging proa Idem Taft "to take tha Initiative li leading tne nations to a concurrent limitation or reduction In the armies and r.avlea of the world." Tba resolution declared: tverrjr II Ig Armies. "The rivalry among civilised aa tlona for Increased armamente la greatly to b deprecated- We belteve the time has come In which the nations should depend oo Justice. Therefor, w advise that nation trust to arbitra tion, rather than force, to courts rath er than wars." fpeaklr.g tonight before the confer ence. Kokoehl Midaumo. Japanese con sul-general at New Tork. aald: ' are so confident of the sincerity of American friendship that during tbe last few year when so many bitter voices against Japan were beard In a certain section of this great Republic, the whole Japanese people remained quiet and fully convinced of tbe fart that the ant I-Japanese movement did not represent the true sentiment of tb American people at large." Refemrg to the e-har.(e ef note be- Slghleeelng t.ashag Fall to Faith, bat None of tkmnanl. I Injured. ! ANCKI.r.a. Mar - The bg bal "America." which I being ued to take 1ahteeer nt the cloud mhll made car-tire with a long'cahle oewrated bv an electric motor and :rx1.. Necame an manageable today and dove to the ground, sinking nea.- tbe first baee of the Chutes seball lark. a hers the Portland and l-1 AngJe teams aere In the seteoth Inning of a hotir-oontoeted game. Tha balloon was In chars of Captain A. K. XlulW. and conta!nrd Kesid him self, two paeeengera. Nona of tb oocu pants of the basket ni Injured, bat the suddn coming to etth of the hur gas tag caused const era t ion for a time and Tted the game. The balloon waa dam. age-d rune Wet l-le. A sudden Bust of a liwl caused the b lo strike the (round. WILL BRING GRAIN HERE Hill Annoanoea Ilraneh line I mo Ultra I llelu FKATT1 .K. May : --.re.l Northern Railroad ofrtrtels annoanor-d today that a bcarurh V.tva ef the mad wouJ. ha hu?.t frorn Wilson Creek aoulh la CeMineO. the hinetur of the Northern Iwctne and Ihe Oregna Raltwar A Nttgtto Company. The move mm thst has beo prr.)riel by the Hill line for year, and I said In lh local offloe to mark the nt.t etep la tfco conle-t far Ijurm Wa.hir.gtoa letTllory between th HUI and Milaskea tnlereata. The branch tin, aa planned, will defter! from tbe mam lire at Wiianei t.ua. td win foUcw lb Crab Creek Valley until tt swing eff to the eeet of t ,e. lihe. traversing the low country eaed cf th.e iaddle Mountain and ooeio iir.g alth the Northern Car I no main lino at Con. nelL Tbe branch Una. M-h afforda a new l'l fr to wheat fsrmor of liraet and Dovglaa Countle. Washington, w.a r- enntlnued tiltimatv from Conncll in mi. nr-t with the North Hack below Pivm, ntsg wster grade l e a neat train, from th held to Portland. 0. A. C. REFERENDUM FAILS r- 4. Kaiser I'nable to Scr-arw baf fle-lent f-lgwatarv lo Ith lilons. AlllUVn. Or. May (geccisl Petitions asklrg r a referendum Vole oa ihe special appropriation Mil of the recent legislature granting tbe Oregon Agricultural College IMS.Soa for tha construe Hon of new buildings, equip ment and purchase of laada will not ba filed. Tl- J. Ksleer editor ef the Valley Record, placed the petitions In circula tion throughout Ihe elate lmm.-dlat.ly after the adjournment of th Legisla ture, ar.d waa active at the same time la agitating an Inlttallva measure to bo voted on by tha people placing the I'nlverslty of Oregon, tb Agricultural College and tha state normals, tinder one board ef control. Mr. Kaiser gave out th following statement tonight: "The petitions do not rontsin the number of rssmeg required. All Ih nsme secured were solicited volun tarily, t here being no hired solicitors emploed" GARDENER FINDS "THINGS" Inearths Fyeles Frogs of ngone Age In Kandtne Itluff. nKXVKR. Mar 20. Creatures' aemfllng frogs, but unlike them. that they are whitish la color and have no es, were discovered yesterdsy In .a sandstone bluff three miles west of this city by a truck gardener. While digging In the bluff he un covered a number of cells, Irslde of hich aer soft, mush-appearing ball. v nen thaee were rolled out they proved to be living creature, prvsu ably of another age. Local geologists are of the opinion that mudbeda eg isteei ages ago wnere now stand the sandstone bluffs, and that a chemical process changing th mud gradually to stone. Imprisoned Ih amphibians Just discovered. KERMIT HERO OF BEATERS hlioota I eva rd and Sate Native's I.lfe After iVeaat Uosnded Ulna. NAIR!II. Itntish Kast Africa. May JS. Theodore oerlt nj t,im m Kerrnil at rating good huntlrg lu,k oa the Ju'a ranch of Ueorge M-Mi:.ea. Their tear lr.clu.ie a water bu. an Impalk sad other v r I t l . of ante lope The rtpe-Mtloa t.a now a total of iferim.r.1, rvpreeer.ur g 3 dif. ferect apexle. Mr. Itor-eevelt has killed a prthen. Kermlt. oa a rerer.t trip, u.epatched a leopard at a distance of el a paov Tb anl-nal alreadr lad mauled a t-ceter. sad a rt.srglr.g Kefn.lt. TOMATOES POISON NURSE Marshfleld Woman Falls Itawa I Malrt la I aim and Is lalarrd. MAKHriKtJ. nr.. Mar TS-tfcoectal ) -Mr. J. Ifarl. a nur.. wa trirhl eu1oeri today wttS ptometr, ooiMoe.lrg la a re-salt of eating enne-d h-milnri 1e-e ?a:-td ard feu aoan etelr. .nl was se!r br-s.e-l. r-r is urious;-? Court FindsHusband Is Proved Guilty. NO PROVISION FOR ALIMONY Each Party Takes Two Chil dren Half Year. WIFE HAS LARGE FORTUNE Iteport or Referee Confirmed, bat Vo Co-rrspondenl Named la Ivc- rree Fad of Seven Years of Marrfcd Ufe. NKW TORK. VI r t -Mrs Meier. Keiljr Could wa granted an InieHorn. lory decree of dlvoeo todsv from Frank J. Uould by Jnsllee Uerard In the ipeewe Court. The deeulte waa nedered era IV report of Kdward W. Whltaker aa teferee. ho dectdwd that ebarges agaln.t Uould had been preei-en. Frli llaa Chlldrea Half Tear. Mr. Omild I allowed th an custody of the tmo rhUdren. lleiew Margaret mr-a lorothr teouid. from tteoeenoee be Arm both lar-luwve. and tbe detendabt mat have them froeo Mar to Nmvmher. sat.. Je-ct to certain mad Incai loos. The . fedant Is held reenoneloS. far the educe lion erf th two cr.ua re and a'.eo t r their medical aitendsnca. tiowld Calltjr aa Charged. No penvieton I made for aiimee-y tor JUra. Ceouid. ner is the name of any ce re pondent mee-ISomed hy her refeer-MI ta. After setting forth tv. i tse referee baa fmnd that th material ltvor.s la it- comptsmt bv rem eetstvlis-iHrd. Juette-s CJerard say In hte order: "And It arpMurtng lo the est lef e-tirea ef this court that tha drfondaat has Kara guCiy aa rhargwd In th eonplirl. n is ordered and decreed that lo motion granted aed the report of th referee oonnrmed la all respects and the marriage dieoited The teoulda were married rer-rer-r S. IX I- Xr. Uould Is a daughter of Ihe lata Eugene Kelly and I wealthy In tec own right. f.OCI-D BROKE MKIIIACF OATH J a dee llefaee to Keep Referee's Re port Nee ret. NKW TORK. Mar iHpeclal -Mrs Frank J. tiould grsnted a decree of abeoluto divorce by Judc Oerard la the preen Court tod. on the ground lht Mr. OouVd hd violated hi matrimonial oath. Judc Uorard struck out on pra vtslon of ihe referee's re-oon, which di- leded ea r.r 4 I INDEX OF TODAY'S NEWS TKrtTKW rT 'f llailmura 1-art.rm'vr, j r . minimum. 1 o 4 r r--. TOl'AT f.-l-nif gloua- muH ly tvfi o - . st-ttrt l ifidt. I'a-Mf rtvf-1- tri-- vUw- r..: vc4 trosoj, 4:ttM N4U la-Mi. AJrtr'r-h ft-iaVst-- f-t,wtifrr.i t-.r-!ff I k IM- Vf-t I'aVS T-ft Jvrl.fw- f'Uf tm lfrk'tlt.-Bt- tflarse . rmltcatt a4 J-rnra) h gXr-jl bcr ImllcS. I tut I kmhf of srnt rvrM.r-ivri t 4trwr f-l w.Jal4.xaM, l lU4ia, ChcaC-S). 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Crt ti T- s- ce-T f ( .atr Una raw. swavl g las aw.- .A r-avgta II I st ).! am a wrTT-evt- faw a. a.af Lil Faaw It t -aia rg 1 cn r,f4" ' i1 hVm grtat hHfl a .it-v t 1 r . f s t- , , , fH. f N-a .-, ! ayf t-at M.sl I avC - rwitaiai i mm4 VaH . M aVSwav rs. 'rwee- pa r. a I-Il4n -.bfl rS4 aas 'fa ! J faar waif tu'( t".e etTa-ratfe-a " tM rv. fx 4 f . a t .--. ! Ii it J tt sT" t't-wva-aa. j a i-: . (rpirw rvf ala'a"-a) (ear a if at gj . rt 1 1-- 4 I. l I II Vr-a vh.r,Ba ....i , 4 V aa I tl wafcS. r,1 f Hsi rh.irn.v-l e-f ika wma. rac ta .a r e e a . -es fwH ," " ff 'ar " .f4 la rr CweiTr-a-,,-, jji s-,, sW 'e'1 . J, e ' r ., 4va4 4aM ra- ! a4 u a. taat 4.