davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
sUPERHEATED STEAM.
tn TIE EDITOR OF THE HERALD

To THE EDITOR OF THE HERALD
In the report this morning of the meeting OF the
Polytechnic Institute your reporter states:- Mn
Baker said the Fire Marshal had tried to damage
his Baker's) heating apparatus, and added that
ne the said Fire Marshall was a practical man
who knew nothing OF theory Now TINS Is Just
tho opposite of what l did say, Iemphatically
stated that wished only TO disapprove the
monstrous theory tina steam boilers were most
liable to set nre to buildings when the fires were
banked or entirely out, as advocated by the Fire
Marshal and Norman Wizard. w. v. BAKER,
JAN. IL 1873.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
SLIPPERY DICK.

Connolly Thinks He Has . Good De-
fence.
ALBANY, N. Y, Jan. IL, 1873.
In the case of The People Of the State OF New
York vs.. Richard B. Connolly, late Comptroller OF
the city OF New York, the defendant to-day filed an
affdavit OF merit in the County Clerks office that
he has good and substantial defence In the action
to be tried In the Circuit Court to be held In this
citv this month.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
ACCIDENT TO A STEAMSHIP.

The British Screw steamer Potomac Inc
tured by the Ice.
PHILADELPHIA, Pa, Jan. II, 1873.
The British iron screw steamer Potomac, which
cleared yesterday with full cargo of grain and
produce for Liverpool, had her bowplates stove in
by ice in the Horseshoe She returned to this port
and is now In her dock. The cargo will have to be
discharged. preparatory to repairs at the Kensing
ton shipyard
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
THE REGENCY QUESTION.

Denial OF Eugenfe's Intention to Pro-
claim q Paper Throne Power.
LONDON, Jan. II, 1873.
The report which was circulated in England
during the day yesterday to the effect that Her
ex-Maesty the Empress Eugene will issue procla-
nation announcing her assumption Of a French
regency during the minority of her son. the Prince
Imperial, is denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
THE STEAMSHIP COSTA RIGA.


Her Safo Arrival in San Francisco I'm Towe
SAN FRANCISCO, Jan. IL, 1873.
The steamship Costa RIGA arrived here this after
noon in tow OF the steamship Constitution. At
midnight on December 20 she broke her crank pin.
and next day set sail for Manzanillo She arrived
or that port on December %, and on New Years
came alongside and took the passengers and bag
gage Off the Costa RIGA. On January the consul
tuition started for this port with the Costa RIGA in
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
ITALY IN MEMORIAM.

National Tribute to the Deceased Friend
OF the Living Solidarity.
ROME, Jan. IL, 1873.
During the session of the Italian Chamber OF
Deputies yesterday signor LAURA, the Minister Of
the Interior, formally announced the death OF
Napoleon the Third. He said "the Italian govern
ment learned Of the death OF the ex-Emperor Of
France with the deepest regret. twas impossible
to forget that Napoleon contributed greatly to
secure the unity OF Italy"
The eulogistic remarks Of the Minister were re-
ceved with warm applause by the members.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
THE LATE HEAVY STORM WEST.
Farmers, Their Families and Cattle
Frozen to Death.

MILWAUKEE, Wis.,, Jan. IL, 1873.
A despatch from Minneapolis, MIMI, says the
storm on the st. Paul and Pacific Railroad was the
severest ever known. At station called Kirk
haven there were several farmers in town when
the storm first burst upon them. They left for
home with their teams, and very few have been
heard from since. One wagon was found, contain
ing Mrs. Bland and q boy, botn OF whom were
frozen to death. Many teams-both oxen and
horses-are found frozen in the drifts, and the fate
of their owners Is unknown.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
THINNING OUT THE APACHEs

n FIve ftOurS F1&ht On SaV NIVer-
Finy-Scven Warriors Killed.
SAN FRANCISCO, Jan. II. 1873.
Advices from Arizona to January say:-Gene"
raj Crook this morning received despatch from
Major Brown reporting that his command fought
the Apache Indians, killing nfty-seven and captur
ing twenty. The fight occurred at the national
Notifications Salt River, thirty miles above
Fort Mcdowell. and lasted five hours.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
THE WORK OF FISK AND GOULD.

Suit Against the Erie Railroad for
Breach Of Contract-S15,O 900 for Plain-
tits.
PATERSON, N. j., Jan. IL, 1873.
In the Circuit Court, in the case of the Union or
Kasson Locomotive Company W. the Erie Railway
Company, q suit to recover damages for contract
which was abrogated by Gould and Fisk, the jury,
this noon, after being ont twenty-three hours, re-
turned verdict for plaintiffs for $4,000. The case
has been on for two weeks, and has excited great
interest among locomotive builders and railroad
men everywhere. The Court Overruleda monopoly
clause In the contract.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
THE HOG TRADE.

CINCINNATI Jan. IL, 1879.
There have been 4ss000 hogs slaughtered In Gin
cipnati since November last.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

AMBIER.-On Saturday, January IL, at the resi-
dence Of Isaac Coord, ia DeDev0ise avenue, Brook
Ign, 4. D., JOHN AMBLER Of Chatham Four Cor
ners, N. Y.
Notice of funeral tomorrow.
(For other Deaths see Eighth Pa0e.)
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Good Sewing Machine is a Household
treasure that family afford to do without II
want the best the WILSON UNDERFEED should be your
choice combines in the most perfect manner all the
requisites durability simplicity OF operating aud
perfection work and is sold at less price than any
other first class machine SalesroOm at 7U Broadway,
New York. and all other cities in the United States
The com pany want agents In country towns
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
ENGLAND.

Cotton Firms Failures in Manchester for
Money on 'Change-The Emigrant Exodus
to America-Tichborne and His
Friends in Tribulation.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
FRANCE.
Change Of Ambassador to the Vatican
TELEGRAM TO THE NEW YORK HERALD.

PARIS, Jan. II, 1878.
The Journal Oofctes announces the appointment
OF M. COrcelles as French Ambassador at the vati-
can, In place Of M. BOurgoing who resigned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
Milan Proposes q Monument-R M
brance OF the Glory or Magenta.

brance OF the Glory or Magenta.
MILAN, Jan. IL, 1873,
Several newspapers in this city have opened
subscription lists at their Offices for funds to be
devoted to the erection Of q monument to the ex-
Emperor Napoleon.
The Journals refer to the fact that Milan was the
first city liberated from Austrian rule by French
troops under Napoleon after the battle Of Ma
uonta
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
EARTHQUAKE IN MAINE.

shocking Sensation I'm Brunswick Early
I'm the Morning,
WArERvILLB, Jan. IL, 1879.
slight shock Of earthquake was felt at Bruins
wick, Me, At I've O'Clock this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Burnett's Miniature TOilets.-Elegant
ASSORTED COLORED BOXES containing a. compiete
Toilet Appendage admirably adapted to the Toilet Table
and travellers portmanteau. ACCEPTABLE HOLIDAY
PRESENTS Wholesale by druggists sundry men every
where.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

GAZzAM's Collection Agency and Law Offices, 22y
Broadway, corner Barclay street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Alto Sunerers.-I Heartily Recon-.
mend WATTS, NERVOUS ANTIDOTE for Paralysis,
rheumatism and Debility.-s NJ Mallory. M. d., Asl
Enurih
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

A.-Herring's Patent
CHAMPION SAFES,
25l and 252 Broadway, corner Of Murray street
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
WEATHER REPORT.
WAR DEPARTMENT.,
OFFICE OF THE CHIEF SIGNAL OFFICER, !
WASHINGTON, ID. c., Jan. 12-1 A. NJ.
WAR DEPARTMENT,


OFFICE OF THE CHIEF SIGNAL OFFICER,
WASHINGTON, ID. c., Jan. 12-1 A. NJ.
Probabilities.
For New England, winds, backing to s0uthery,
increasing cloudiness and rising temperature; for
the Middle states southerly and southeastery
winds, rising temperature and partly cloudy
weather, with probably light snow over the Lower
Lake region; for the Southern States east Of
the Mississippi, rising temperature, light to
fresh southeasterly and southerly Winds and partly
cloudy weather; from the Ohio Valley and Missouri
to Lake Erie and the Upper Lakes and Minnesota,
rising temperature fresh and brisk southerly
to eastery winds, and cloudy weather, with, pos
sbly, snow from Michigan to Minnesota and
Northern Iowa, but south OF this region TO Tennes
see, Missouri and Kansas, possibly rain.
The Weather In This City Yesterday.
The following record will show the changes in
the temperature for the past twenty-four hours in
comparison with the corresponding day OF last
year. as indicated by the thermometer at Huunut's
Pharmacy, HERALD Building
1870 1871 1879 1879
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

A.-The ''Pntcnt Shirt chart" Tor
measurement cutting and making pertect-htng shirts
of any size Price ST. For sale Tor sent to any address
post paid, receipt of price. Address PATENT SHIFT
CH ART COMPANY 20 East Fourteenth street. New York.
Agents wanted everywhere.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Luxury-Havfng u Tooth Drawn
with Laughing gas at COLTONS in the Cooper Institute
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
A Pure stimulant-Century WhisI<cy

A.-Herald Bra nch Once, Brooklyn,
corner of Fulton avenue and Boerum street.
Open from A. NJ. TO r. NJ.
On Sunday from to 9P NJ.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

A-Great BarQuins I'm Teas and COmoeo
at o. ANGENIvE'S popular tea warehouses, ~ and ~
Eighth avenue corners Of ana ,e rSesn
avenue near l28th street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

A-Eau Angelique, for the Teeth and
gums; BRISCOTINE, food for infants. DELLUC CO.,
6& Broadway, are the sole proprietors and manufac-
turers. No connection with any other drug store.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Delicious I'm HoOkah, Fragrant In .
pipe when tipped with amber, yellow, rich and ripe.
SURBRUG'5 GOLDEN SCEPTRE SMOKING TOBACCO.
Donnf Eufnn street
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
The Weather in This City Yesterday.

Average temperature Tor corresponding date
last year s77s
Average temperature for corresponding week
last year 80 O.
Average temperature for past week. .......... 25
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Ask Your Druggist or Grocer for the
BELL SCHNAPPS the purest smulant Of the age.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Ask Your Druggist or Grocer for Gem
TURY WHISKEY
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Corns, Bunfons, Enlarged Joints, All
diseases of the Feet cured by DR.. zACHARlE, UnoD
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

ChristadorO's Hair Dye.-This Splendid
Dye is the only that has ever been analysed and
n...Si hart ,laaa
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

For Rheumatism, Neura1gia, Gout..
CAMPO'S INFALLIBLE SPECIFIC Is the only effective
remedy. McKESSON ROBBINS, IS Fulton street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Half Horse and Half Man.-Rheuma-.
tsm Swengs Lameness and any kind Of flesh. bone or
muscle alment upon man or beast are cured by GEN
TAUR LINIMENT the most wonderful discovery Of
nnc ientor mi times.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Lung Complaints, Bronchitis, Asthma,
&C. are Speedily relieved, and, if taken in time, perma
nentIy cured by DR.. JAYNE'S ExPECTORANf. You
will find il also certain remedy tor Coughs and Colds
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

G. Graham, Late Hojer & Graham,
Sign Store and Office Painting Removed from
81 Duane to 6S3 Broadway, corner OF Amity street
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
NEW PUBLICATIONS.

A LIST OF THE NEW BOOKS.
duy Earlscourts wife-A Novel BY May Fleming. 81 u
Broken Dreams-By Author Of "stoien waters".... 81
Josh Billings Farmers Aminax for 1879 &c.
The Married Belle-A Novel BY widow Goldsmith" rs
Edna Brownng-Mary j. Holmes new novel. ~
True as Stcei-Maron Harlands new novel. l 80
Morning Glories-By author of Little women".....
Mrs HIS New Cookery and Receipt Book 2G
Beverly-Mansheid 7. waiworths new novel. 70
The Deba table Landry Robert Dale Owen. 90
Heart Hungry-Mrs westmoreiands new novel;. 70
Pole ON wh.st-The standard London Work.. %
@. W. CARLETON CO., Publishers, New York.
A BOOK (OF 2s6 PAGES, ON MENTAL AND PLY
N steal Incapacity, Nervous Debility, ExhauS0ns
Brirhts Disease &c mailed on receipt Of 50 cents
''o DR. LEWIS. No. Beach street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

ROYAL Havana L0ttcry.-Prizes Cashed.
Circula rs sent j. b. MARTINEZ CO., 10 Wall street;
Post office box l685
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

.sHnrsh, Wrtnkled Skin Regains tho
beauty of youth by using cod liver OIL" HAZARD 4
CISWELLfS COD LIVER OIL Is the best 1t Is fresh.
pure and sweet.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Pure and Mellow-Century WhiskcyU
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

A -cAzz.M,s TREATISE ON THE RASKRofr Law
~ Fourth Edition
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

HDETTER LATE THAN NEVER. 1.-THE GREAT FIRE
ID in Centre street. the 9th December burned, IN
the bindery, the entire first edition Of IhE illus
1873 new edition Is ready containing mass Of
rich and racy reading. with numerous unsrauons
hake speare and Of His Leading Dramauc Cnar-
acters-iustrated Pauline Lucca The Late CEN Meade;
Horace Greeley, with portraits; The VIII ana vino Ex-
Power; The objectionable offence Clarke Braden, ths
Preacher; Curiosities of Human Life The Man with q
Secret; ideal Reality Demand for Worth; How Planets
Move Roman Catholicism in the United States Can
70 Women Teachers and Writer'S PRINCIPLES Of phre mol,
Wethers; Cool II eaded Young womans Escape Ian
guage OF the Eyes The Broken Song In the stormil-
fustrated Skull and Its Legend Civil Engineering:
Hair Turning Gray Prcmatureiy; supplying peiecuve
Education, &c Copiously illustrated capital PUN
~ cents supplied by newsmen. Published by s. X
WELLS, $50 Broadway, New York. .
HyxrE ARE INCLINED TO BELIEVE THAT MORE
w downright good literature Is crowaeu osa a ~
covers Of THE GALAXY than any other American "AsA
zine AN boast of''-Chcago Illness "A. n.u.~. r-Nev
There Is not dull page between "s 'o'e
York Times -. ,,.,, sol,d worth their
nr;iissrca ana ,bsr great interest make up gsnern
characer Of oreat zee Hence for every number N's
Boston.
rhc leading Newspapers al pronounce
IN. hos, and most ably edited American maea1"'
VINO rculd not give 81 for such Magazine ior
| SHELDON a COMPANY
c,zz,v,s TREATISE ON THE RANARurr LAW
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12

Hale's Honey Of Horehound and Tar
For the cure of coughs colds difficult breath
ing and ali affections the throat bronchial tubes and
lungs leading consumption. Sold by all druggists ae
30 &c nts and 81. Great saving to buy large size
PIXIES TOOTHACHE DROPS cure in one minute.
The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1873-03-07
NONRESIDENT NOTICE.

4.
In the Circuit Court OF Wayne County
J. & ID. Hermann, vs.. George W. Henson, at
tachment.
The plaintiff having procured an original
attachment writ from me against the estate
of defendant upon affidavit fled that the
defendant Is indebted TO them and has 10.
moved himself out Of the State Of TennCs.
see, and said attachment having been re.
turned into my office levied on property ol
deft, George w. Henson, appear before the
Judge of our said Circuit Court within the
first three days Of the next term thereof 4
be holden at the court house I'm Waynes-
1878, and make defense to said attachment
suit, or the same Will be proceeded with e.
parte. 1t is further ordered that this notice
be published IN the Columbia HERALD.
JAMES A. JOHNSON, Clerk.
Feb 2S-4ws. Printers fee paid.
r. P. u. NJ. Cypert, Attorneys.
The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1873-03-07

amount take S3.S45-the cost of the pre-
sent system-and we have $3.50, the
amount to be saved by continuing the
present system. but this is not all. 1t
will cost enough money to make the
court transcripts to pay our Judge un-
der the present system, fifteen years.
This one item ought to be a sufficient
reason to perpetuate the courts just as
they are. We feel safe in saying that
The change, when all the small items,
90 numerous to mention in this article,
are taken into the account, will not cost
the county less than 5000 annually.
1t is claimed by the advocates of the
new bill that there will be saving for
the county in Jail fees, by keeping its
cells clear. This is not the case. From
the last term OF the court to the pres
ent there was not a single prisoner that
cost the county a cent. The State
pays the felony and the county the mis-
demeanor cases, and nine-tenths of the
cases are for felony. Most of the INSIDE
meanOr cases are tried before Magis-
trates, and acquitted, or else the offense
is generally so small that such bond
as almost anybody can give, is received,
and the parties are set at liberty.
We would be opposed to the bill, if it
did not cost five thousand dollars annu-
ally, to make the change. 1t cost the
county nearly three thousand dollars to
get the present Criminal Court, and we
do not see the sense in now making a
change, at so great a cost, that will do
no possible good. 1t is hurttul to make
such frequent changes even when neces-
Sity compels. Eight counties in this
State tried the same plan few years
ago, All have had the matter changed
oack to the original system, but two,
and we understand that their petitions
a ra now hefOra the TAoizIafure DraVinQ
for the same. Had we not better act the
part of sensible people and profit by
their experience? We call upon Mr..
JOHN FRIERsoN and Major ALLISON to
work for the defeat of Mr.. HUGHEs's
bill; and when their constituents prop
arly understand the matter, they will
demand it of them.
The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1873-03-07
A NEerIted Rebulxe.

The GAINESVILLE Tobacco Leaf coz
tains long and able article, in vindi-
ltion of the characters of Chancellors
COOPER and FLEMING, and rebuking
the Memphis AVaLdnche, for making
unfounded charges ofeorruption against
them. We copy two short paragraphs:
The sensational, and lfbellous writer in
the AU0LdRche, says that Judge Cooper ar
greed to a state of facts on the part of the
Verse to the State, and then procured, Chan
ceilor Fleming, relative (in law to sit in
the case, as co-conspirator for the purpose
of deciding against ii. He also charged that
Chancellor Fleming has relatives who are
large holders of Tennessee money of the war
issues. We do not suppose that Chancellor
Cooper intends to make any reply to so
absurd a charge. His high character, as a
lawyer, and his purity as a man render a
defense unnecessary but can say that,
absurd charge, because it happens to be i'll
our knoledge as a member of this bar, that
Chancellor Cooper requested Chancellor
ChaS. q. Smith to sit at Nashville to try
these very cases, and that he would have
tried them but for being too i'll 10 attend.
Chancellor Fleming we have always heard
spoken Ofa man oftlle highest character,
anu we understand from those who know
him that he is incapable of any Intentional
wrong, He may have erred in point OF
law as eyary Judge has done at some time,
and we hope he has in this case.
The Bench is not above the press, and is
amenable to legitimate criticism; but it
should be held sacred from the ruthless, and
dent journals whose independence consists
in having their hand, like the 1shmaelite,
against every man, who does not kneel and
bow to their views.
The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1873-03-07
TIL HERALD.
Friday, March 2, Hs73,
Credif MohiIier.


Congress was greatly excited last
week over the discussion of the report
OF the Select Credit Mobilier Committee.
The speaking and the voting showed
Enthusiastically that Congress is too cor
rupt itself to dare 10 punish any Of its
members for corruption. Not link in
The chain of evidence VS. wanting to
convin0e every member of the House
of Representatives that six or eight
Representative were guilty, and de-
served expulsion, and yet the only
thing done was the passage of mild
vote of censure upon CAKES AMEs and
JAMES BROOKS. The others were not
whit less guilty, but they were leaders
Of the Radical party. Two gentlemen,
Gen. BANKS, of Mass, and our Repre-
sentative, Gen. WHITTHoRNE, took the
position-the only one which an honest
representative Of the people should
have taken-that all who had been
found guilty OF receiving Credit Mobil-
Ter stock should be expelled. General
WHITTHoBSE had only fifteen minutes
TO speak in, but he made good use Of
his time. The New York World says of
his speech: General WHITTHoRNE's
speech, though brief, was full of yigor,
and was delivered with telling effect"
We append brief Synopsis ofit:
Mr.. WHIITHoRNE (Tenn.) cot the
floor fer some miDutes, and expressed
his views in favor of the pending resolu-
tions. He opposed the report, however.
because it did not go far enough. He
found Cakes Ames guilty not only of
trifling with the House, but of trihing
with his own conscience. If Cakes
Ames had not perJured himself, then his
evidence stained Messrs. Kelley and
Garfield deeper than any other members
on the floor. As to Mr.. Brooks, he had
a knowledge of the Credit Mobilier
frauds and he was guilty. If Mr.
Brooks was guilty, what should they say
of Mr.. Hooper, of Massachusetts, who
had signed the agreement to let Cakes
Ames have stock to enable him to carry
out his work of corruption? If Brooks
was guilty were rot Dawes and Garfield
and ScOfeld guilty? They knew tie
frauds that were being perpetrated, and
it was their duty to expose them. Was
the House to compromise this question,
or was it 10 go forward and expel all
these members He was in favor of the
latter alternative.