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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Dec. 3, 1921)
The Weather Maximum yesterday AT2 Minimum today... 24 Predictions Fair and colder. ' iilr Sixteenth Tsar. Weekly Fifty-First er. MEDFORD, OHHCiOX, SA'lTlfDAY, DKCKMUKIt :i, l'liil XO. 21S JUNE . ARBUCKLE JURY OUT, CAN'T AGREE Reported 11 to 1 and 9 to 3 for Acquittal No Confirma tion Strain Tells On Come dian Jurors Resume Bal loting at Two Gossip Says Woman for Conviction. SAN FRANCISCO, Dec. 3. The Jury in tho manslaughter trial of ftoscoo C. (Fatty) Arbuckle, was! given a two hour lunch recess at 12 o'clock after having failed to reach a verdict in six and one-quarter hours o factual deliberation. The Jury retired at 5:15 p. ru. last even ing. SAN FHANC1SCO, Dec. 3; The ttoBcoe (Fatty) Arbuckel Jury, which last night had not reached a verdict In tho manslaughter charge growing out of tho death of Virginia Unppe, was brought into court at 10 o'clock thin morning. The jury was takpa. Irani the court room to its hotel. Thero was no in dication of the nature of tho morn iiUS" developments in tho Jury room. Ill the speculation on I he final out come the possibility of a hung jury was the Outstanding topic at noon. There' we.8 no word of any kind, how--vn that would intimate this final tlecUlon other than the morning re port that the jury stood three for conviction to nine for acquittal. Even this report lacked confirmation. Tht crowd in the court room today was the smallest of any since the Ar oucklo trial began, duo. It id suppos ed to the arrival of Marshal Foch in San Francisco, . Defense counsel said it hoped for a vordlct today but the prosecution Whs silent. Court officials announc ed that the Saturday half holiday and the Sunday holiday would not result necessarily in a verdict being return ed as tho law specifically provides that the verdict may be returned to tho court and announced at any tlmo. :rbuckle appeared somewhat care free upon his arrival In court this morning, but at noon he showed that tho Btrain was telling on him. He was in and out of the court room throughout tho morning chatting with Trienils. Following tho bailiff's announce ment that tho jury would be taken to lunch a court reporter entered the Jury room and cams out with the an nouncement that they had started balloting again. The jury left the building for lunch, however, a fbw minutes later. Judge Harold Louderback, the trial judge, created a momentary stir when ho came into court to call his regular calendar. After so doing he announced that he was going to leave the building and would not re turn unless the jury wanted him. The crowd grew larger as the morn ing progressed and tho court room tilled gradually. Tho morning's speculation changed from that of last night which was that the jury was eleven to one for acquittal. This morning the figure was changed In the corridor gossip to three for con viction and nine for acquittal. Gavin McN'ab, chief defense counsel, said he "did not expect the tail would swing the dog." The prosecution was si lent. The Jury appeared refreshed af ter a night's rest, which began at 1 1 o'clock last night after it had failed to agree on a verdict in four and a quarter hour's deliberation. Reports that it was divided eleven to one for acquittal persisted today but there was nothing to give any great amount of tangibility to this report. Corridor gossip said that one woman was "holding out" for conviction. Arbuckle appeared a few minutes before 10 o'clock wearing a thick black overcoat. Ho did not have the haggard look that he carried away with him laBt night. Ho chatted with newspaper men and others in an ap parently carefree manner. I MONTEVIDEO, Uruguay. Dec. 3. Several persons were .injured yester day when police with drawn sabres dispersed a demonstration staged be fore government house by communist:? pratestlns against the conviction for, murder in Massachusetts of Ha ceo ami' Vniizetti. . Catch Kaber Assassin Suspect in Italy; To Try Him There t- 4 4 4 CLEVELAND, Dec. 3. VlU torln Plssellt, Who iB sid to have stubbed ilchth Daniel Kaber, wealthy pulilisher, two yeara ago, has been captured In Hlpal- imosanl, Italy, according to word recolvptl here fromwo Cleveland detectives. As thoro In no extradition be- tween the United States and Italy fo rcstpital offenses, Pis- solll probably will bo tried in that country. PisBolll Is the last of six nl- leged conspirators In the Kaber murdor plot to bo arrested. They were to have been paid $5,000 by Mtb. Eva Catherine Kaber, the slain man's widow, who also was convicted and sentenced to life imprisonment. E Z Yokata Wants "Potential Power to Make Munitions" China Wins Important Point in Far East Issue Japan May Withdraw. WASHINGTON', Dec. 3 (Dy thc Associated Press.) Making what was considered a direct allusion to tho naval ratio question, Zcnozke Yo kata, president of the legislative bu reau of tho Japanese cabinet, in an address hero toduy, declared tho true and impartial spirit of disarmament should take into consideration not only the cxisUng strengths of navies, but also the potential powers of each country. Mr. Yokata expressed the opinion that if the present conference neglect ed the importance of potential power by which he meant general industrial capacity in supplying war material in time of emergency, it might meet with the disapproval If not the deris ion of posterity. Tho offers from Great Britain, Japan and France wero said to be contingent on fulfillment of condi tions which China was expected to meet. WASHINGTON, Dec. 3. (By tho Associated Press.) Another Import ant point in the Far Eastern discus sions of the armament conference was won today by China in the com mittee of nine powers, Great Britain, Japan and Franco agreeing to retire from much of thc loused territory of China. Japanese, representatives, it waa said, agreed to give up their leased territorial holdings in Shantung and also were reported as offering to dts cusss retirement from their special territorial privileges in Manchuria. M. Vivlant, France, expressed will ingness to retire from Wwaug Chow, the French IcaBed territory. British spokesmen, it was said, followed with a proffer to give up tho British leased territory of Wei Hei Wei. CHICAGO, Dec. 3. Ten prominent Chicago physicians issued a Joint statement today pointing out the harm to invalids they thought would arise from publicity given to Dr. Adolph Lorenz, Vienna surgeon, who is expected to visit Chicago soon. It was stated unofficially a number of Chicago hospitals had decided not to invite Dr. Lorenz to hold clinics. The statement said that tho Ameri can medical profession looks with dis favor on newspaper publicity of the type Lorenz has received and added: "Such publicity inevitably will arouse a repponso amounting to hysteria, which will bring so many unfortu nate cripples of all sorts so many in surable that careful, deliberate ex amination of their ills will be physi cally impossible and bitter disappoint ment will como to many hopeful suf i' t ers k-d to expect the impossible," POWERSAGREETO WITHDRAW FROM CHINES LEASES EXONERATES. P. OR BLAME BLUFF TRAGEDY Fix Responsibility for Crossing I Tragedy Uupon Driver No Fog at Time, As Reported Boy Drove Death Car Want Rigid Rules. SAN FUAK'ClBfcO. blc; 4 llespou sibility for tho til-Hill of i-i high school stuiett!i is placed upon tho driver of lllli lil'otor bus by tho board of inquiry appointed to inquire into tho crossing accident whii-h happened near Hed Hluff Wednesday morning, according to telegraphic report. Just received by Win. Hproule, president of the South ern Pacific This accident OcOuil-od when the Los Mollitos-Kvd Hluff high school Mage Was struck by Southern Pacific l ....... xv. 1 r. U,i, ... ,..,. ,ii.l i ,ii i day. The board of triau.t'y plucoH full re sponsibility i'or tho accident upon tho driver of tho motor, bus and fully ex onerates tho railroad und its em ployes. The automobile bus was owned and operated by tho Hed Hluff tnion high AchoDt. It wn ih chaw of one of the." " ' ,OT ... i . i . ii ., ... ' dow trimming purposes. students, a 17-year-old lad who was employed by the school at a Balary of $20.00 per month. Earlier reports that accident was duo to heavy fog Wi'io tint substanti ated by witnesses Ut tlilH hearing. A lisht drizzling rain prevailed with clear vision for one half to three quarters of a mile. In closing the board recommends that a suitable law bo enacted requir ing drivers of Automobiles to stop, look and listen before attempting to erohfl railroad tracks at grade. citizens and railroad officials, as fol- . . , lows: C. D. Strom,. Woltcr Htowell, mer chants, Hod Hluff: C. Bens, master mechanic; J. A. tliven, division engi neer; J. W. Fitzgerald, superinten dent. The following is the full text of the findings of thc board of Inquiry: j ClrcuniHtanqes: Train 1" in charge of Conductor V. Snider, and Engineer V, (ftury, consisting "of thirteen cars. I while running at a speed of about 40 j miles an hour at about 10:15 a. m., ! November 30th. collided with enclosed! Mitchell automobile, bus, capacity j about twenty-five passengers, owned ; and operated by Hed Hluff Union high school driven by Charles Bos worth, high school student and occu pied by fourteen other students, at county road crossing just west of sta tion I'roberta, resulting in thc in stant death of Freolyn Facht, Fern White, Cheliua Denofield, Kdith Day, Bernice Jack, WiUio lUchelieu, Henry Smith, Elm Hterwalt, Harold Anderson anil Kheva Babbitt, and fatal injury to Marion Day, Frank Jack and Charles Bosworth, with se rious injuries to Opal McNaughton and Eva Dlndeman. Tho county road ut this point par-n-llels the railroad for a distance of about mile east of I'roberta where it crosses at right angles to state high way, running north and south. The crossing at this point has unobstruct ed view of a train approaching from the north, track being tangent be tween Uerber and Hawson. The tes timony of witnesses established the fact that auto bus did not stop or take any precautions to guard against thc approaching road crossings for sta tion at both Hroberta and Cerber and bell was ringing and in addition engi neer sounded shrill crossing whistle after a car had proceeded over the crossing just ahead of the Mitchell car as an additional precaution. The weather at thc time of accident was a light drizzling rain or mist, with clear vision for one-half to three quarters of u mile. Opinion As to HcMponslbility. It is our opinion from tho testi mony of witnesses that the .Southern I'aciflc company or employes of train No. 15 were in no way responsible for this accident and that had duo pre caution been tuken before attempt ing to cross track on tho part of driver, thc accident would have been avoided. Itcconiiiicndultoits. It is our recommendation that a suitable law bo enacted requiring drivers of automobiles, both family curs and passenger earning buses to stop, look and listen before attempt ing to cross railroad track at gradu and we further recommend to the lied Hluff Union high school board that tho drivers of high school buses bo especially Instructed and required to stop nnd have some one proceed to the track and ascertain that every thing is clear and signal tltvni across betore crossing. OLYMPIA. Wash.. Lice. 3. Armis tice day is not a school holiday in Washington state, according to a rul ing of Attorney Genera! L. L. Thomp son filed today in an opinion asked by State Superintendent Mrs. Josephine Corliss Preston. The boaid of public school directors cannot dismiss school for the whole day even though thev will not claim credit for attendance on that day, thc opinion stated. WINDOW DISPLAY DRYAGENT HELD FOR IAS DRAW UPON WARRANTS RECORD CROWDS Thc "iis of the special chrisu mas display windows, last cvenirfs ut 7:30 iy practically au local mcr chunts, marked the beginning of the holiday eeuson and tho awakening of the Christmas spirit in Medford and VlelllitV, All Hie llfililii lii ill- cli.Y Were rut lift fhr tUo periods (if leli ft-critldfi each at about 7:30 and at this tihlo lllli Aiildofrs wore, unveiled revealing displays which would have been a creUlt to u large city. Tliu clly band paraded the streets for more tlian (Hi hour passing all the stores und bust ness houses which had prepared a special display for tho occnslon. Many .of the merchants offered i prizes for tho person guessing near-j .est to tho vulue of articles on display, I or t the number of nrtlrlos or weight' tit tllcliii The windows which offered these attractions drew largo crowds, which gave certain portions of Main Hlr"t lt' b""v "J''R""""nf i .. f"ii unit ir., niuiun nn;n street cat tracks, tho Hulact hotl'l and a few other minor embellish ments. Evergreen treea nt every lamp-poHt on tho principal Htreets of the city added to the general Christ mas at mosphere. It in suspected, by the way, that several merchants conflH- Tactically all of Med ford's popu lation as Well as many inhabitants of outlying districts attended thc un veiling and admired tho numerous clever and artistic displays. The occasion was planned osten sibly for the purpose of showing the population of Mcdford and tho whole valley what Medford merchants had to offer and the numerous displays brought to light a surprising amount and variety of first quality products, both in the everyday necessities and in novelties. '. " , ' , , lMU f , , " lUlBputed and demonstrates what tho un co-oporntlon of merchants and bus! ness men of tho tty, coupled with a generous quantity of printer's ink, will do. SAN' KHANCISCO, Dec. 3. Marshal Ferdinand Foch, arriving In San Fran cisco today, was greeted by thousands who packed the sidewalks along Mar ket street as ho passed up Market stroot at tho head of u military and navnl parade. Leaving his special train at Dorke ley. the French military leader was driven through the University of Cali fornia grounds and at Oakland pior boarded a special ferryboat to tako him across tho buy to San Francisco. City, state, army and navy officials welcomed him. FOOTBALL SCORES STADIUM, SEATTLE, Dec. 3 Scoro end first period: Pennsylvania Slute collego verslty of Washington 0. Lui- STADIUM, 8EATTLK, Dec. 3. First period: Penn State scored two minutes after play began, Knabb car rying tho ball over from tho one yard lino after Wilson, Iledlnger and Kllllnger had taken It easily down the field In a series of long gains through tho Sun Dodger lino and around thc ends. Kllllnger kicked goal. The Nlttany Lions Btartod a now offensive and carried tho ball to within striking distance of the goal but a li-yard penalty and an an ln terceptd pass by Washington gave tho ball to Washington. Kllllnger had the advantage In a punting duul and tho ball stayed in Purplo and Gold territory. Wilson made 12 yards on an off tackle play and Kllllnger got through for i:o more through right tackle. Washington held and tho ball went over to Washington on tho Sun Dodger's 30-yard lino. Wil son of Washington puntod to uild fleld, where tho hall stayed until tho period ended. Score: I'en'n Stale 7; Washington 0. Clearing House Conditions . NEW YORK, Dec. 3. Tho actual condition of clearing house banks and trust companies for tho week shows that they hold 117,987.800 reserve In excess of legal requirements. This Is an Increase of 11,151,330 from last week. Doctor 0nvirtll. fillBAT riK.VD. Kns., Dec. 3. Dr. W. A. Nixon today was convicted of first degree murder growing out of the slaving of Arthur Jlantn. vnunir ( attorney. ni m ir-t nrni mm SECURES A, B. Gates, Star Witness in Bcotidcj Cases, Charged in Three Complaints With Vio lation Liquor Laws Hear ing Set for Next Saturday. A. P.. Gates, a sppciaJ prohibition agent ami chief witness fur tho stale in several of lllo boollegslnB coses heard at this term of tho circuit court was arrested Friday by Sheriff 'ferrlll, upon warrants sworn to by James (Shine) Kdwards, himself a defendant in two bootlegging trials, both result ing in n hung Jury, In which Hates was the star witness, charging possession nnd giving away of liquor. The war rants wero sworn out before Justice Smith of fluid Hill and before whom tho defendant was arraigned Friday, dates wml released on his own recog nizance, and his preliminary hearing set for nest Saturday at Gold lllll. Attorney O. C. Hoggs acts as attorney for Gates. It is claimed that when Sheriff Terrlll showed a, disinclination to serve tho warrants, after Gates had refused to be placed under arrest Thursday night at midnight, District Attorney Itawles Mooro and Attorney Hoggs insisted on the arrest bolng made by the sheriff in order that the cases might come to trial. They ap pearantly welcome such a trial and a fight to tho finish. The episode of Edwards swearing out a warrnt for Gates' arrest Beems to have arouaod more feeling between tho wets and drys of Modford than anything that has happened since the raids mado by tho state prohibition agents last August. The warrant ngninst Gates is tho outgrowth of tho bootlegging trials at which Gates was tho chief witness. Ho appeared as the chief witness in the Goodwin and tho two Kdwards' trials, and In each case a hung jury re sulted. A wido discrepancy existed in Gates' testimony, and Jurors In all tho trials freely admitted that the dis agreements wero due to the inability to accept thc testimony of Gates. The testimony In tho Hdwards case revealod that GateB while on de tective duty had taken a joyrlde to Crater Lake last summer In Kdwards' taxi, and witnesses testified that he was "drunk" at a dance given at Prospect. The detallB of this jaunt werp salacious In Bpots. Considerable sentiment developed against Gales by reason of his testimony. In the Good win trial disagreement the sanio fac tor Influenced the jury. In support of Gutes, it is contended by his Btiporters that his mothods wero the-only way to procure evidenco1 against bootleggors. Tho first known of tho effort of Kd wards to cause Gates' urrest wus when A. .7. T. Smith. Justice of tho pence at Gold Hill called up lllo dis trict attorney's office hero Friday morning, seemingly In a. much per plexed statu of mind, nnd stated to Attorney George Codding, acting uis trict attorney while Huwles Moore's time is occupied In circuit court, that n man who gave his name as James Kdwards hud filed three complaints In his court against a man numed A. IJ. Gates, one for having liquor In bis possession on August 8th, 7th, und two for giving away liquor on August 7th and 16th. .lustlio Smith stated also over tho telephone that tho com plaints bad been filed In bis court by an attorney whom ho said lui did not know, and that be wanted to set tho hearing for two o'clock Friday. At torney Codding then called und In formed him that neither District At torney .Mooro nor himself could be present at that time, and to go ahead with the arraignment of Gates and set tho hearing for some time next week, and to release Gates on hia own recognizance. This was done. (,Hle muffs Mierirr. The first Gates knew of the war rants being out against him was when on Thursday night at midnight Dep uty Sheriff Forncrouk appeared at bis room nt thc Hotel Medford with the wurrants to plaeo hlni under urrest. Gates absolutely refused to bo plucod under urrest at that time, stating as he was a special Btato agent or officer, ho could not be urrosted on such charges at that tlmo. Ho volunteered to go into court himself next duy, It is said. Deputy . Sheriff l orncrook was thrown up In tho air by Gates' atti tude, it Is further said, und consulted Sheriff Terrill, who was likewise somewhat muddled up by this situu tlun. When Gates reported to tho district attorney and Attorney Hoggs on Fri day of tho effoi-t to arrest him, they at once called up the sheriff and do munded that tho warrants be served. It is claimed by Gates and bis par .!!--. ns that Kdwards and his frlendi swore out the warrants In an effort to obtain revenge, and that tho fact that the coinolaints wero sworn out (Cnntlnnod nn pngo nil,). Plug Hat Delegation Wait While Foch Greets War Mother HAN KIIANCISCO. J)ec. 3. Sllk-haltHd wnlcomers of Marshal Foch had to didliy their greetings on tile ferryboat which brought lh French war leader across San Franffscd liay today while he talked to a I'rench war mother who greeted him With "je suls ! une mere do guerre." (1 aid a war mol her). He shook her hand warmly and said: "You should bo n proud woman. Your son, I see, won tho croix do guorro with tho palm decoration. Ho was a bravo sol- dior of Franco. Wear your mill- V tnry medal with honor madnm." "Ills name was Noel Delmarty" she replied. "Ho was my only son." OFFER FAILS 10 Sinn Fein Delegates Think De Valera Will Not Accept All Ireland Parliament May Postpone Negotiations L. George May Come to Parley. DUHLIX. Dec. 3. (Dy the Asso ciated Press) Members of tho Dull Klrcann cabinet assembled today to consider the llrltlsh government's latest proposals for an Irish poaco settlement. Thoro is little optimism as to Its decision nnd Sinn Fein penco delegates to London are reported as believing tho revised terms will bo un acceptable to DeVuleru and his advis ors. Tho exact naturs of tho proposuls is not known, but they aro said to bo based on an all-Ireland parliamentary government. Ulster, It is understood, would be required to remain In this ......n-, ,..t in IkiihI six mouths when shu could withdraw at hor option. One version of the now loiins in that they deal with tho Sinn Fein's objection to swearing allegiance to tho crown by providing that ullo glanco bo sworn to tho Irish free state, tho commonwealth of notions I,..,.,.-., Iti'lttsh einniro and to tho king as head of thut community of nations. I.. tl,n nvi.nl Ihn TU'W tomlS nrO UI1- acceptablo to tho Dull cabinet, It is believed tho Sinn 1'ein Jiavo uouu asked to present a proposal on behalf of tho British government for a post ponement of lllo negoiiauons nut oinj to allow for a possible adjustment of views, but to permit Premier Lloyd (ieorgo to make a brief visit to thc Washington armament conference. iii.-i ir.vwr li... a IIU' Ihn Asso ciated Press) The members of tho Sinn Fein peace delegation, bound for Dublin had to return to England to day when tho steamer Cambria on which they wero travelling, collided with a schooner soon after leaving Holyhead, England. Tho schooner was sunk and threo of her crew drowned. Cumbria returned to Holyhead damaged. Tho Ii-IhIi delegates on board wero Michael Collins, (ieorgo Gavand Duffy and Krsklno Clillders. E FOR FEDERAL 1 D15TKOIT, Mich., Doc. 3. A two-day national conference of Uio unemployed called with tho Intention of urouslng public opinion in bohulf of men und women out of work to the ond thut governmental aid might bo given opened hero today. Two proposed relief measures were ou tho program for discussion. These wore extension of aid to unemployed by tho government, and nationalization of some basic industry in order that work might be apiwrtioncd among a great number of persons. Discussion of theso questions was expected to consume tho greater part of the day's sessions. Tonight Senator LaFolietto add Glen E. Plumb wore scheduled to address a mass meeUng. William Z. Foster will be In charge oftho final session tomorrow, speuk lift; concerning Russia, NEW m PEACE I FACTIONS ANGLO-JAP TMAYBE NED Tokio Considers Changes in Naval Hopes 5-5-3 Plan Stands Want Pacific Forts Halted Expects Conces sions Will Cause Acceptance By Mikado. WASHINGTON, Dec. 3. (Br the Associated Press.) (Negotiations in tho naval ratio question wero prac tically at a standstill while tho Jap anese delegates awaited further word from Toklo. Ily today the results of yesterday's conference between tho principal American, llrltlsh and Japanese dele gates woro under study by tho Jap niioso cabinet and tho dlplomntlc ad visory council. All Indications wero that whatever had boon proposed as moans of bring ing tho United States and Japan to gether did not involve nny abandon ment of tho f-5-3 ration proposed by the United States and supported by Great Britain but rather concomed othor considerations, which the Jap anese regard as necessary to them. Chief among these was understood . to bo tho question of further fortifi cation of the American bases In tho Pacific which tho Japanese wish to soo checked. Tho relation of forti fied bases is such to fleet ration that thoro was a suggestion that tho Jap anoso might rogard tho 5-5-3 pro posal as not inconsistent with their Btandard of national socurlty if de tails regarding thorn could bo arrang ed. Tho was docided impression among othor delegates, not represented in yesterday's couforonco of tho "big threo' that thd means of approach to a sottlomont hud boen found outside from any alteration of tho 5-5-3 ra tio. "" in general discussion of tho oocrot negotiations thero Ib a general fool ing tliat tho Anglo-Japanoso nlllnnco is bolng dealt with and that thero soon will appear a plan, aprovod by both Great Britain and Jnpan to aban don Hint much diacussed ngroemont and substitute it with some othor sort of ngroement to which tho Uni ted StatoB might be a party, one sug gestion is for a sot of arbitration treaties betweno tho threo powers with a provision that Japan would not be Involved In war without six months or a year's notice. Another consideration being dlBcussod Involv ed Jnpnn'B position In China. ' Tho general feeling among dele gates Is that concession to Japan, if thoy may bo properly termed, may he mado, which will cause hor to ac cept tho 5-5-3 Intact. F FOUND AT STILL PORTLAND, Ore., Doc. 3. Tho sheriff today bad In custody tho last of six porsons accused of complicity In tho recent holdup of tho Liberty theater hero In which ?'J,1113 wus stolen. John Printer of Vancouver, Wash., whoso wlfo and son woro ar rested Saturday was taken into cus tody lato last night ut Tobias station, pear Portland, wlicro officers re-jioi-ted they found him assisting a . friend operating a moonshino still on" a farm. Printer turned over IliOO which ho said was tho last of ho had re ceived us Ills share. Harry Barney received $1700 and Loon Scrcdreclc and Jue Wulkins, others under urrost, bad $1500. F WASHINGTON, Dec. 3. Approval of advances aggregating inoro than $6, 500. 000 wuh announced today by tho war flnunce corporation. Agri cultural and livestock loans of $6,450, 000 were dimributud union K 24 states jiicludlnK Nebraska, Colorado, Ari zona, New Mexico, Oregon, Iowa, South Dakota. Idaho, Utah, Nevada . and Texas. The corporation also an nounced that a livestock loan com pany had been cstablhihed In Montana with an authorized capital stock of. $590,000 and will bo doing business within ten dnys,