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.'.jj
30,579
VOL. VII. NO. 222.
PORTLAND, OREGON, WEDNESDAY EVENING, NOVEMBER 18. 1908. EIGHTEEN PAGES.
PRICE TWO CENTS. ShZSlit" cIS5
HENEY R
TON
nrm t
ESOL
DOWN
TO
Members of Oregon Bar As
sociation Expurgate Res
olutions Before Adopting
Them Are Unwilling to
Throw Stones.
The Oregon State r.ar associitlon this
morning lefused to so on record an ap
proving the llKlit now being made by
the citizens of Han Francisco to rid
themselves of the grafters and boodlers
that InfeM Hint Hy, and refused ' also
to warn tin? lawyers of thin and other
states against pra. ', ices which tend to
prostitute and brinrT into disgrace the
reputation of the l.'.w and the sanctity
of the courts of Justice.
That part of the lltncy resolution In
troduced yesterday lev Ralph B. Filler
dealing with those mc.tiers whs si vciely
frowned flown by the luvt yer. an i the
only i art of the rcsolut'on adopted was
that ext ndiiiK to Mrs. Ilcney tin- eyiu
ia!h of asM;r:;illiiii and to Mr.
ll-'ney the hope of tin association fur
his speedy rnnvi'iy.
Only the last mentioned part of thn
resolution :. mo to a yote. the other
latiPe being severely t tc lx il that
Mr. Fisher was compelled to withdraw
It.
The resolution piv. u to the secretary
yesterday afternoon wnTT .'somewhat dif
ferently, wonted. as rej;,tidH the last.
paTt. tiinn. tlo- rirti"h .luajt rend by Mr.
Fisher yesterday n. owning. The first
part, which wes ndbTMed. was uu--chrmged,
and was as follows:
Be it resolvcfl hy the Ubcnn liar as
sociation. That we fhploreand deprecate
the violence offered Francis J. Heney
on Friday. November Ft. 190.S. while a
his post of duty, and do Jureby tender
to Mrs. Henev our deep sympathy and
to Mr. Ilcney our sinc-ore Wishes for a
speedy recovery and an earlv resumption
in person of the cas s which brought
him into the danger from which he has
suffered."
The other half of the resolution wa3
revised to read ns follows:
Wording la Changed.
"Be It resolved that we commend the
good citizens fif San Francisco for their
determined stand for law and order,
and in continuance thereof -bespeak for
them and their fair city an early and
effective riddance of the corruptors of
justice anil the boodlers and grafters
which have Infested their city; nnd
"Thnt we acitnonlsh lawyers in this
K'ate and elsewhere against the prac
tice and Indulgences which tend to
prostitute the high standard of their
profession and ultimately bring Into
disrepute the sanctity of the law and
the courts of justice."
Mr. Fisher called his resolution, up
earlv in the session this morning and
moved its adoption. The motion was
seconded hj B. B. Bftkman. For a
short time there w'ere no remarks on
the motion and it looked as If It might
go through without opposition. Rut
this was only the calm that precedes
the storm.
President Montague stated that the
suggestion had been made thnt the con
stitution or the association roroias any
commendation of a man while he Is
nllve. Fisher Quoted from the consti
tution showing; that this applies only
to members or the association, ann Mr
Continued on Kge Eleven.)
F4ATURAL GAS IfJ
bake r coomy
TOile Boring for Artesian
Well Albert Hindnlan
Strikes Flow.
(SpccUl Dlspsteh to Tne Journal.
Baker City, Or., Nov. IS. A report
reaches here today from Durkee of the
discovery of natural gas. while boring;
an artesian well for water, a half-mile
above Durkeo on Albert Htndman's
property.
Albert Hlndman Is now slnkinft a well
on his home place and Is down 808 feet.
Jt la claimed that therV are oil Indica
tions in a field a quarter of a mile
from his place.
ANOTHER EFFORT
TO BALK JUSTICE
v
J. E. Harper, Said to Be
Lathan's Attorney, Hur
ries to Sacramento.
(United PrcM teased ' Wire.)
Sacramento, Cal., Nov. 18.- J. E. Har
per 0 San Francisco, attorney for
Alexander Lathan. Ab Ruera ex-chauffeur.
-who wm captured In Portland by
Detective Burns' agent, telephoned to
the governor a office this moriilntc that
he would leave Ban Francisco on the
10;f5 o'clock train. Harper will oppose
the Issuance of extradition papers. Th
hearing; will be held thla - afternoon upon
HESITATE
GRAFT
iiarper arrival.
CELESTIAL
RESUMES
A
t.i
A
'
Here Is a Picture of the Empress Dowager of China, Taken About Two
Months Ago.
(Till ted TrrM Leiued Wire.)
Teklngr. Nov. 18. The Great China
bank today supplied a million taels.
silver (about $500,000 American money)
to the exchange banks, which have been
In difficulty since the deaths of the
dowager empress and the emperor last
week. The exchange banks suspended
payment yesterday because of .the wild
rumors that a revolution was imminent,
and also because of several runs, which
were prevented by police from gaining
much headway. The police prevented
the owners of the exchange banks from
escaping and the officials of tho Great
China hank came to thqtr rescue today
with money. The economic situation
FOUR IN GRASP
OF DEATH ANGEL
Butte Men Have Miraculous
Escape From Dynamite.
Bomb Explosion.
(Pixel! Dispatch to The Jonrnul.)
Butte, Mont., Nov., 18. Four men had
a miraculous escape from Instant death
last night in a dynamite explosion that
wrecked the Jewel saloon, one of tha
largest resorts in the restricted district
The bomb, concealed in a roll of cloth
with a burning fuse, was drqpped over a
transom In a room within 15 feet of
another room in which the four men
were playing cards. 1
The men noticed tn door of burning
rags and thinking a fire had broken out,
investigated. One poured a . pail of
water over the burning rags and then
went after another wall. Another pro
ceeded to threw open the front door to
otr the place while the other two went
for a drink.
It was then that the dynamite ex
ploded. The men were hurled to the
floor and 'blinded with flying plaster
and broken hits of glass. The dyna
miting is suppose! to have been a
sequence to threats made against the
saloonmen to prevent their testifying
against an alleged burglar whose trial Is
soon to begin.
ACTION IS
"The rxprcssicfns of the manufacturers now appearing in The.
Journal regarding our home industries cannot fail to do good," said
G. V. Weatherly of. the Crystal Ice & Storage company. "No doubt
our people have often thought of the advisability of patronizing'
home industries, and they have not done so to the extent th'ey should,
simply because people are forgetful. It is necessary to have our
j memories jogged up from time to time on important issues, and
The, Journal's advocacy of this all-important issue will accomplish
, results.- Good intentions are commendable, but resolutions without
action is of no purpose. Roosevelt said 'promise are good but
action is better. . .Not only know the part,, but act the part, and you
J will .become a power in building-up the state. Let everyone re-
solve to patronize homo industry-and then patronize home industry
J and in a few years Oregon will expand far beyond our present
J dreams. Industrial institutions are city and state builders."
EMPIRE
ITS CALM
.fo c
V..., .v.v
W.
is much better and it Is the opinion here
that the financial crisis will soon be
over.
Toklo, Nov. IS. ljuln. the Japanese
minister at J 'eking, today officially ca
bled the foreign department that peace
prevails at I'eking and that the new
government officials are doing their ut
most to adjust the affairs of govern
men so that an uprising will bo
avoided. All the Chinese students of
both sexes here will take a week's vaca
tion to mourn the deaths of the Chinese
rulers. All the boys will wear a white
band around the left arm and the girls
will wear a white collar beneath a black
outer garment. None of the Chinese
will visit places of amusement for the
week.
DETECTIVE NABS
BOXCAR THIEVES
Captains of Organized Gang
Believed to lie in the
Law's Clutches.
(Stwelitl Dispatch tn The Jforol.
Baker City. Or.. Nov. IS. Special
Agent C. E. Wood of the O. R. & N. has
James Plover and George Howell in
Jail here today, charged with breaking
into boxcars and stealing merchandise.
Thhty-slx suits of silk underwear
and 13 pairs of shoes were found In
their possession. It is believed that
Plover and Howoll head a w ell-organlied
gang of thieves, which officers have
been trying to capture for some time.
Kach man was bound over to the grand
jury In the sum of J500.
IN BED WITH CwTJX;
LEAD-FILLED ANKLE
(Spectsl nispntch tn The Journal.!
Forest Grove, Or., Nov. 1. Oren
LaCourse, 12 years old. while playing
with a revolver this morning; in bed.
shot himself in the ankle, inflicting a
bad Wound. Me Is a son of Nelson La
Course, a local merchant.
MECESSARY
16 FOR
COLUMBIA
ASKED
Government thigLjwers' De
partment BecoMmeiuls to
Secretary of War Appro
priation' of $1,014,000 for
Coming Fiscal Year.
Recommendations to the secretiry of
war from the engineer's officii for ap
propriations under the rivers and har
bors hill were niado puhli" in Washing
ton this rtfornlng. and Include gratlfy
Ingly large amounts for the work on the
upper Columbia river, and ft sum suffi
cient to cover tho expense of completing
the Jetty at the mouth of the Columbia.
The appropriations of importance to
Portland include $ l,fiiifi,(i(iu for The
1r11cs-(Y1I1o canal, 4'(,noO for im
provements to the mouth of the Co
lumbia, and JIM. 000 for work on the
Columbia and Willamette between Port
land ami tho Sim.
Recommendations for the appropria
tion of SI.RH.oou fur the improvement
of the Columbia river1 next year will
practically- 'insure the completion of
much of the most neoihvi work now 1111
lor way. It menus that tho Jetty work
at tho mouth of the river will he com
pleted at once, provided the appropri
ation passes.
It al.so Insures the completion of the
Celilo canal because with the $1,000,000
Ssked for by General MacKcnzie. chief
of engineers, goes a recommendation
for mnkinp the canal continuous pro
ject so that future appropriations will
no made as a matter of course.
The recommendations of General Mac
Kenzte are in accord with those made
by Cohnel Koessler, lata In oliarga of
the Columbia, river Improvements, with
the exception that where Colonel Roess
ler recommended an appropriation of
$200,000 for dredging from Portland to
the sea. the chief engineer has cut the
appropriation to $104,000.
This will mean that the Port of Port
land will have to do its own dredging
between Portland and Eureka, a distance
of 64 miles, as It is claimed that the gov
ernment appropriation will only he suf
ficient to keep the river near Astoria
dredged out.
Wltl Completo Jetty.
A. I.. Upson, chief clerk in the off!o
of Major Mclndoo, present head of the
United States engineers office of Port
land said today that the $4i0.000 for the
Jetties would complete the work there.
"Within the $1,000,000 now on loind
this 1tirt,000 would complete the work
now being undertaken there," jjald Mr.
Upsen. "As soon as this work is com
pleted, however, there arises the ques
tion of the north Jet. which has not
as yet been provided for.
"There will be plenty of time for rec
ommendations for this Jetty, however,
before the completion of the work now
on hand so that recommendations can
be made to have the Jf-ttv Included In
the rivers and harbors bill for the con
gress aftr the one that Is to meet next
month.
"The $1,000,000 for The Dalles-Celllo
canal will carry on the work there until
June 10, 1910. But the recommenda
tion carries with it the provision thnt
it shall be a continuous project which
makes It merely a perfunctory act to
appropriate money for the work out
lined each year.
For the dredging work between Port
land and tho sea we had asked for
$200,000, but this amount was cut
down to $164 0(10."
With reference to the recommenda
tion of the chief of engineers for ap
propriations for the various projects
on the Columbia river, C. F. Swigert.
(Continued on Page Eleven.)
FEDERATION I
TO 1ITE1USE
Rumor at Denver That the
President Will Extend
Special Invitation.
(United Press Lensed Wlre.i
Icnver. Colo., Nov. IS A report was
circulated here today that President
Roosevelt would send a special Invita
tion to Samuel Gompers and the mem
bers of the executive council of the
American Federa;ion of Labor to dine
with l.im and discuss matters relating
to labor legislation before he sent his
message on labor to congress.
The invitation, if one has been sent,
has not readied Denver.
The morning proceedings of the fed
eration convention today w'ere given
over chiefly to Jurisdictional contests.
An acrimonious debate was precipitated
by the report of the committee on ad
justment, which suggested that the dis
pute between the international associa
tion. of machinists and the elevator con
struction workers be referred to the
executive board for final adjustment.
Delegate Feeney bitterly protested
against this action and James O'Con
nell, president of the machinists, re
plied with the declaration that he had
been charpocb by his own association
with "laying dwn." whereas, he had
really doie his best to prevent the
bringing ltto the convention of the
dispute. 1
"But If these people want trouble, we
art here t,o, give it to them," ha
shouted.
A resolution urging; every labor union
In rfce United 8tat to hold a special
celebration in honor of the Lincoln oen.
tenuiil in 1909 was adopted by unani
mous vote. -t -
MYSTERIOUS PERSONS
COME TO LATHAN'S AID
Ex-Senator Gearin Received Message
From San Francisco Day Before Ruef s
Chauffeur Was Arrested-Prisoner Tele
phoned to Attorney When Arrested
"Pressure of lep;al business makes
it impossible for mo to take Mr.
Lathan's caso," said Jlr. dearin this
morning. "The day hrforo tlio ar
rest was made I received a telegram
from San Francisco asking me to
art as Lathan's attorney. Up to
that time I had never heard of the
man and did not know who he was.
Tho telegram gave me very little
information and until I received a
telephone message from Mr. Lathan
yesterday morning advising me thnt
he had been placed in the city jail
and wanted to see me, I was in the
dark as to why lie was wanted In
San Francisco.
"I called at the Jail and had a brief
Interview with Mr. I.athan, during
Willi h I explained t-o him why It would
be impossible for me to take the case.
Ho expressed bis Intention to resist ex
tradition, hut aa to who is to represent
him, or as to whether or not ho has re
tained another lawyer, I am not in
formed." NamM Not Revealed.
Mr. C?earln added that ho was not at
liberty to give the names of the persons
who had telegraphed him on Lathan's
DAN R. MURPHY
TO HELP LATHAN
Until agents of the prosecution in tho
San Francisco graft cases reach Port
land with a fugitive warrant for the
prisoner's arrest, no steps will be taken
to secure the release of Alexander S.
Lathan. who was taken into custody by
the local police yesterday at the request
of the authorities In the hay city. I.a
than was Abe Kuef's chauffeur and was
Indicted for bribery In connection with
his former employer. It Is alleged, tor
the purpose of Insuring h-ls presence
as a witness against the other defend
ants. 1
As was told In The Journal yesterday,
friends of I.athan telegraphed ex -United
States Senator John M. Gearin of this
city to represent the fugitive chauffeur
in the courts here, hut Mr. Gearin this
morning said that he had been com
pelled by pressure of business to (io
dine the rase. Last evening after an
interview with Mr. Gearin, Lathan tele
graphed Attorney I 'an R Murphy ask
ing him to take the case. Mr. Murphy
contented to do so and will represent
the prisoner when the time comes.
Lathan takes his arrest coolly. He
denied this morning that he had left
San Francisco to escape testifying
against Ruef. lie asserts that VS. U.
Hums, the defence who Is working tip
the evidence in the graft C3ses. kept
him dancing attendance on tho court so
constantly that he whs unable to make
BOY HURT WITH
flrlti-il Pr.. l-n.1 Wire
Vancouver. Wash . Nov. IS Taking
his fathers powder-horn, pouring a
pound of powder into a newspaper,
wrapping It tightly and winding it with
a string. John Ueako, sged 1 1 years, son
of Charles Deako 'if Sara, then leaned
over Ills creation and applied a march.
The explosion blew pieces of the news
paper, leaves, dirt and powder Into his
tes. blinding him. burning his face
badly and knocking him senseless to
the ground. The Injured bov was
brought to this citv ami placed in St.
Joseph's hospital. ir A II. Sw i'nv a
specialist. Is attempting to save the
eyesight of the young amateur manu
facturer of fireworks. There i.s a slight
chance that the doctor may be par
tially successful.
01
"STATE YAS BETRAYED AND
PEOPLE FOULLY DEALT WITH
Time was when the Orcponian believed and-declared that a legis
lator's pledge U his constituent'; should be absolutely inviolable.
No language was too severe to express its condemnation of legisla
tors who- failed to kc?p their verbal rrornUf; to vote for a. specific
candidate for United States senator. Read what the Oregonian said
editorially, February 25. LS1).-:
It was the general opectation ana imenuorvnen tne icgisia-
ture was elected that Mr. Dolph would be returned to the sent--
ate. ' t
"THE STATE" HAS H F.F.N" BETRAYED. THE PEOPLE X
HAVE BEl'.N FOULLY DEALT WITH. THERE, HAS BEEN .-
FLAGRANT BERFIUY AND DELINQUENCY; IT WOULD t
BE HAZARDOUS TO ATTEMPT A PREDICTION OF' THE
CONSEQUENCES UPON THE FORTUNES OF. INDIVIDUALS-' t
AND PARTIES IN THE STATE," . , " 2
.
I behalf, but said they were unknown to
him.
Mr. Genrln has long been known as a
jpeiUfinal friend of Mr. Honey, and the
I fact that the matter of defendinir an
alleged member of the Ruef gand had
been placed tn his ha oils occasioned
some surprise among members of the
Portland har yesterday when The Jour
nal published the news tn a special dis
patch from San Francisco.
"You may say for tne," said" Mr.
Gearin, "that my feeling toward Mr.
Hem y Is unchanged. I buve always had
the highest admiration and respect for
him.
Mr. Gearin was asked regarding
Lathan's rights under the law, and said:
tXp to Governor.
"The matter Is wholly In the hands
of Governor Chamberlain. Ho can
Krant or refuse extradition, as he may
see fit. Had I.athan applied to the state
courts for a writ of habeas corpus yes
terday, he would have been released at
once, but the police would have been
at liberty to rearrest him on the spot.
Therefore It is probable that Mr.
Lathan's lawyer will advise him to await
tike arrival of the fugitive warrant from
San Francisco. This warrant can then
be attacked in the courts, and the mat
ter of its sufficiency judicially deter
mined. It Is usual for tho governor of
a state to follow the ruling of the cuurt
In such cases.
"If habeas corpus proceedings are not
begun, and tho papers from the sister
state are sufficient on their face, a
governor will usually grant extradition
papers, though it is optional with him."
a living, and that he left San Fran
cisco in order to free himself from un
welcome espionage and get a permanent
Job.
Lathan says be went to Denver, and
later to New York. Finding no work In
that city he decided, he says, to return
to the const, und chose Portland as his
destination.
Asked regarding a rumor tht the de
fendant In the graft cases had made It
an object to him to remain in Chicago,
i.athan said he had received no Instruc
tions from San Francisco, and as a mat
ter of fact had remained but two hours
tn Chicago.
Lathan's wife, who is In tho City with
him. visited him In the city Jail this
morning. Lathan has been living at 286
Tillamook street, and been working most
of the time slmV he came here.
Extradition will be opposed by Dan
R. Murphv, attorney for Lathan when
the 8an Francisco authorities show their
hand, according to the lawyer. At the
present time nthtne Is known of what
the future legal moves will be.
"I do not know wliat I will do." said
Murphy this morning, "and will not un
til the Pan Francisco people show their
hand. Just now everything is up in the
air. If thev charge Lathan with an ex
traditable offense, we will fight extra
dition. I expect that some definite
move will probably be made this after
noon, after which I will know more
about what I nm going to do."
LET ELKIS ACT
BE SETTLED
Washington, p. C. Nov. IS. It Is In
timated that the government will offer
as its chief reason for preserftinir a
wilt of certiorari to take the $29,000.
000 Standard (Ml case to the supremo
court the necessity for cn exact Inter
pretation of the section of the Elk Ins
art r latlng to the publishing and fil
ing of rates.
The supreme court seldom Interferes
with the lower courts except when
questions of interpretation of laws are
Involved In the case of rate filing, it
will be arsned by the government coun
sel that courts In nine Judicial districts
hive rul.-d conflicting! v nnd railroads
now tijv do certain things legally In
one district, though the same acts
would be illegal In another district.
1 . . 1 .1 ,
WOULD STICK
10 PLEDGE
E
City Attorney Kavanaugh,
-Republican, Says Pledged
Legislators Are Under a
Moral Obligation to tho
People.
John P. Kavanaugh, city attorney and
a Republican of unquestioned standing
and sincerity, contends that the mem-;
bers of the legislature who subscrioed
to Statement No. 1 are under a moral
obligation to carry out that pledge t
the letter. Were he a member of tha
legislature and so pledged, Mr. - Kava
naugh says, he would carry out his
pledge without swerving in the slight
est. Moreover he holds that the pledge
Is not tn contravention of the federal
constitution and that the North Dakota
decision does not apply to the Oregon
law.
"The North Dakota law requires A
legislative, candidate to sign a pledga
that he will support the successful sen
atorial candidate of his party. Tha
signing at the pledge Is obligatory,
while under the Oregon law It is dis
cretionary with the candidate," said
Mr. Kavanaugh this morning; in dis
cussing the fjuestion. .
"The decision of the supreme court
of North Dakota Is clearly sound, as
there is no authority to require a can
didate to take such a pledge. A'volun-
tary pledge taken by a candidate has
no legal torce. If a candidate takes a
pledge in this state there is no legal
obligation to carry out the pledge. It
Is only a moral" obligation.
"You ask my opinion concerning vio
lation of such pledges by legislative
candidates. 1 will answer that by say-,
Ing that If I were a legislative candi
date and took the pledge to vote for
the popular choice for United States
senator, I would carry, out my pledge to
mYmm
me letter.
Judge Lawlor Allows Ruefs
Friends to Be Present
No Change of Venue.
(United Press Leased W!r.
San Francisco, Nov. 18. Fewer
guards about the court building than .
have been stationed there since the at-
tempt to kill Francis- J. Heney last
Friday appeared at Carpenter's hall this
morning when the trial of Abraham
Kuef. ex-boss of San Francisco, was -resumed
at the place where, it was In
terrupted by Haas' attempt on Heney's
life.
Judge Lawlor. who vesterdav denliwf
all motions for a change of venue, has
issuea oraers mat any or Kuef friends
nre to be allowed in the court room and
that there is to be no limit placed upon
the number except the capacity of thsj
court room. Attornoy Hirara, Johnson
wanted the court to stipulate lust how
many of Kuef's friends could attend the.
mi", uui ine court rerusea 10 up so, -Judge
Tells Jury to Porf rt It.
At the beglnniner of the trial JndarA
Lawlor admonished the Jury that no
attention was to be paid to the incident
or r rtuay arternoon. The "transac
tion," he declared was entirely outside
the Issues in this trial and no attempt
was to be made by the Jury In the
case to fix the responsibility for tbe
shooting of Heney.
The Judge told the jury that Henev
was shot by a man named Haas who
had since taken his own life In the
county Jail and that Heney was out ef
danger. The judge admonished th
Jury that only the facts directed to the
charge in the complaint upon whlt.ft
Ruef was being tried could be consld- .
cred in determining the question of the -
Kinir nr innnifnc4 nr rna I arnni unT
Oallag-her on the Stand..
"Rig Jim" Gallagher, leader of the .
boodling supervisors, took the stand for
cross-examination. He had already told
the whole story of graft on direct -Miami
nation by Heney.
The first question asked by Henry.
Ach was as to whether Gallagher had
talfced with the new attorneys for the
prosecution. Gallagher eald be had st-
tended a conference of the attorney
for the prosecution and that they had
given him a copy of bis testimony at
tho last tria!.
Ach led Gallagher over Ms enttr
period of acquaintance with each of tne
members of the boodling board 01 super
visors who are to be witnesses against
Ruef. He inquired minutely when Gal
lagher bad met thm and if he hud
ever heard Hilt their reputations' tor
hones tv were bad. , ' '
He wanted to know If Gallaghsr knew
th-.t Kuef was the political boss of Hun
I Frani inco before tbe board was elect!,
Gall.:gher replied that Kuef was.
1 )n several occasions Ach- Interrupted
1 the witness with tbe statem'ntt. thnt
ut ...... I ..... n ir I Ail. , JlKaMnl
his testimony at former trials. The
court instructed the attorney, that thin
w Improper.
There. Is more: decorunuiieing main
tained at the Ruef trial than at m y
time since (be trials have bn i
progress. -' ,
Ach failed t break drtwn Oallmri-r
In his testimony given on direct ,.yo
Inatlon, In which he had decbir-d t, . f.
Ruef controlled h union lahtr . -veniion
that nominated the boo,)';' .,'
board. . v-W ' 1
GaHaghe told Of Ittiefa sttecnrt
control the ' Repobli"n r-.' ,.
tUm and prevent tho in i f r ,i ,
with the Dnvit-ratst mi 1 s ,
labor ticket. ,
HF MAD
Ill u
. . -. I .... ,. ' - . . - - . - ' v Z - .