davidaulloa/AmericanStories huggingface dataset:
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
COMMUNICATED.
KERNEYSyILLE,
Feb. 5th, 1879.

Diptheria has again appeared in this
vicinity, and we regret that Mr.. Mcln-
tires family are again sufferers from this
fell disease, little May, the second
daughter, being quite sick. Mrs. w.
F. Thomas, and one or two OF her chill
dren, are also sick with diptheria. These
two families have the sympathies OF the
entire circle of their acquaintance, as
this is the second visitation to each fam
ily, within four months, and each family
has already lost member by diptherla.
Last Sabbath was "ground-hog day"
and unless said hog had become so thin
from stress of "hard times" as to be
transparent, or lost his sight from ca
gerly looking forward for the good
times coming, he certainly saw his shad-
ow, and as the weather looks to-day,
the winter is not entirely over, but l
don't bet much on the ground hogs
skill to forecast the weather.
The school house at Browns Cross
ing caught fire from the flue one day
recently, but the fire was discovered be-
fore it had progressed far, and was
speedily extinguished.
Mr.. George Horn, an old and much
respected citizen of this county passed
away on Saturday evening last. The
large concourse of persons in attendance
at his funeral indicated the esteem i'll
which he was held in the community.
We extend our sympathies to the afiiic-
ted family. Template.
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
COEI5iUNECATED.
&C." AND "FAIR PLAY"

Mr.. Editor 1t has been said "blessed
is he that makes two blades of grass
grow where but one grew before In
commiseration for the printers patience
| will endeavor TO practice upon that
good husbandman's example, and an
swer two of your correspondents in one
article. Your Wheeling correspondent
&C" wants to know whether MI. Faux
ner's bill to punish railroads for issuing
''free passes" won't suit I'll 7" l say no
its better than no bill-for the reas-
on that Mr.. Faulkner, like that old sim
ner Adam. wants 10 escape his share of
the sin. Now, if it is wrong-and |
believe it is-for railroads to issue free
passes to any one except its employees,
it is wrong for any one 10 receiue them,
and especially for State officials, judges,
and members of the Legislature, who
are frequently c,lled upon to act in
matters between the people whom they
represent and the roads. He further
says "the people of Jefferson, or por-
tion of them, must have free passes on
the BRAIN" i will say to him if he lived
here and produced anything to ship he
would soon realize railroad on the purse,
and that soon affects the brain. 1t now
takes one-eighth OF the wheat and one
fourth of the corn 10 send it to market.
Should not railroads be required to
share their proportion of the decline of
prices for their labor, as we'll as the in
dividual? $
l will only notice one point in "Fair
Plays" article, viz. "The idea of Jeffer-
son county voting a subscription 10
build railroad through the county, and
some OF its citizens continually trying
to work up feeling against the b. d
o. r. r."
Why did the people vote that sub
scriptiUn? The argument was, and is
to-day, because of the friorfion of the
b. & o. r. r.; that company is respon-
sble for our being burdened with that
debt. 1t was to create competition,
with hope of reducing charges upon
freight, &c, that the people yielded
their consent to be taxed TO build the
S. V. Railroad. The people of this
county feel that Baltimore City is their
natural point of trade, but being goad-
ed by the bare-faced action OF the b. d
o. K. r. in freigbting produce from the
Western States through our territory 10
that market for less at times than they
would the products of this couuty,which
is hundreds of miles nearer, so incensed
them that they took upon themselves
the task of building this other road,
hoping thereby to teach this selfish mo-
nopoly, the b. Sc 0. railroad, the sig
nificant lesson that the worm which is
tired upon, if not totally crushed, will
turn. IL.
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
PUBLIC SALE.
THE undersigned intending to discon-
i tinue farming, will sell at his resi-
dehce, IA miles South Of Shepherds
town, on the pike leading from Shep-
herdstown to Kearneysville,
On Wednesday, the 10th day of
February, 1879,

the following personal property to-wit:
4GOOD WORK HORSES, one of them a
good Brood Mare with foal; s head of
CATTLE, 20 YOUNG SHEEP, l SOW, 5
PIGS, Road Wagon and BED, pair
Grain Shelvings, / Cart and Gears, 1
Reaper and Mower combined, VALLEY
Chief, nearly nsw,) Wheat Drill, (Wii-
loughby's) complete, with Phosphate and
Seed Sewer, Wheat Fan, Bakers Best,
(nearly new, i Horse Rake, i Barshare
Plow (3-horse), Square Harrow, doub-
lie Shovel Pillow, ] single shovel do, !
Corn Coverer, sets Wagon Gears, / sett
Plow do, Brides and Collars, 2 sets Fly
Nets, Wagon Saddle l Wagon Line, /
Grain Cradle, Moving Scythe, Forks,
Rakes, Scoops and Shovels, Jack Screw,
Cutting Box, Treble, Double and Sim
gle Trees, Breast Chains and Short Ira
ces (Furley's make), Y cut Saw, l Log
Chain, good Grindstone, and many 9TH
er articles too tedious to mention.
TERMS.-A credit of eight months will
be given on all sums Of so and upwards,
the purchaser to give note and approved
security, notes to bear interest from date,
but if paid promptly when due the inter-
est to be RENTED. sums under SO cash,
and no property to be lemoved until set
tied for. Sale 10 commence at 10 A. IL.
EDWARD Il. LICKLIDER.
Geo. McGlincy, Auctioneer.
Jan. %, 1879. Nv
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
1873.

Now, if there was such great error
made in the statement of the pay of the
Justice, NAV we not reasonably suspect
that there are greater or corresponding
errsrs in tie balance of the statement
given to the Register, last month!
There were two committees appoint
cd at different times by the County
Court-oue TO settle with the sheriff,
and the other to superintend the re-
pairs aud alterations made 10 the Court
House, last Fall. 1t would lie interest
ing TO know what these two Commit.
tees, which were composed entirely of
Magistrates, received for their services.
We have heard that the members of the
Court House Committee received $500
per day, and that their accounts were
for 20 days, which would make $4,000
for each member.
There were at least three of them; So
that it cost about $4,000 to have the
repairs on our Court House superin-
tended. What the Committee TO settle
with the Sheriff cost, we will learn in
the future.
There is a report in circulation that
YOU, Mr.. Editor, offered to publish the
proceedings of the Fiscal Terms Of the
County Court, at no cost whatever to
the county, if the Court would furnish
YOU with detailed account OF its trans
actions. Report also says, that when
YOU made such propositions to the
Court through one of lis members,
majority voted against having the pro-
ceedings of the Court published. even
though it did cost nothing. Will
you please state, Air. Editor, if this is
correct. We have heard it from several
sources, and We know there are many
that want TO know the truth about the
matter. The people can Judge for them
selves what this would indicate, if the
statement given is Endorsed by you as
being correct 1t would look as if the
County Court was not DESTROYS of it's
proceedings coming to light, at all; as
if they didn't wish the public to know
anything about their financial matters.
We hope, if the report be true, that the
members of the Court can give some
satisfactory reason for voting against
proposition the fultilment of which
would have given the public much Sal
isfaction; but we can conceive of no
satisfactory excuse for such course.
We hope that the County Court will
IN the future be little more liberal, 10
another direction, and spend little of
the peoples money in publishing, IN
eacn OF our County papers. detailed
statement OF their proceedings at the
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
lis ACRES,

situated about three miles North of Shop
herdstown, in Jefferson county, w. Va,
known as the farm ofwhich the late John
Byers died seized.
of a good Dwelling House, Barn, and
necessary Ou5buildings. Possession Civ
Ell April lst, 1879.
TERMS OF SALE-One-third cash on
the day of sale, and the residue in two
equal payments at one and two years from
day of sale, with interest thereon from
day of sale, said deferred payments to be
evidenced by the bonds of the purchaser
and to be secured by Deed of Trust upon
the premises sold.
WIN. I, LEAEN,
Substituted Trustee.
Feb. s, 1879 CIV
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

LEErowN, FEE. 10, 1879.


Mr.. Editor-Dear Sir-Theusual dull
routine of our little village was some
what broken into on Friday and Satur-
day nights of last week. The citizens
of our community being considerably IN
arrears for the amount they had agreed
to make Up for the Rev. Mr.. Grouse,
who has been acceptably preaching tor
us in the Brick Church for some months
past, few of our enterprising ana In
defatigable young ladies and gentlemen,
took hold of the matter and determined
to try to make up the deficiency by
means of an oyster supper. And not,
withstanding many old croakerS tried
to throw cold water on the movement,
pleading "hard times" scarcity OF mon
ey, &c, they persevered, and l am hap
py TO say, cleared in the two nights,
nearly twenty-three dollars, which i
think was doing remarkably WE'LL all
things considered. This success was
manly due TO the active and untirlng
efforts of Mrs. John W. Roberts, Miss
George Nicely, Miss Lizzie Nicely and
Miss Susan Fetzer, lady committee, as
sisted by the following gentlemen man,
ayers J. J. Watson, Philip Lewis and
S. Ii. Watson.
1t is matter of especial qualification
to us all to have succeeded so well, as
Mr.. Grouse is a great favori;e in this
community and it is our earnest desire
to do all that we can to add to his COM
fort.
You may. expect to hear from me
whenever anything of interest turns up
in our quiet little burg. j. j. w.
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
to so-Massrs. Lewis and Melvin vot

to sO-Messrs. Lewis and Melvin yct-
ing to table.
s. B. No. 2, locating an additional
hospital for the insane in the Third
Congressional District was passed by
the Senate on the Sd instant.
S. B. No. Is, amending the laws in
regard TO the fees of county officers,
regulating and fixing the same, and
the manner of their collection, passed
the Senate on the 5th.
Mr.. Lewis has introduced bill re-
curing trustees in deeds of trust to give
bonds before selling the property which
they hold in trust.
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

A VIRG IMAM CALLED UroN TO Stop
OurRAGEs.-Judge William L. Jack
son. otherwise "Mudwall" Jackson,
formerly Lieutenant-Governor of Virgi
mia, has, says the Louisville Courier, re-
ceived a dispatch from his Excel!ency
Gov. McCreary, announcing that Judge
Randall, of Breathitt county, had been
sworn off the bench, and asking when
he could start for Breathitt to preside
in his stead. It's unders. pod that Judge
Jackson is ready and willing to go just
as soou as the Governor wishes him to.
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

A Southern negro, arrested with
chickens in his sack, declared: "De man
who put EN- dar was no fren' OBJ mine!'
"Why should we celebrate Washing
tons birthday more than mine 7" asked
the teacher. Because he never told
lie!" shouted little boy.
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
ROME MILL

The committee on the. Bone Mili viii
meet at Charlestown, ,nrday, the
18th instant, at 10 o'uld III.
L. G. w. HERR, Chm.p.
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
Dwelling House,

and never-failing well Of water. This
property is located In the centre Of the
town.
There is n contingent right to the Joint
use of the small alley entering on Ger
man street, belonging 10 the property adj
joining this Oh the East.
TERMS OF SALE-One-third cash and
the residue In two equal payments st one
and two years from the day of sale, with
interest thereon from day Of sale, the de-
ferred payments TO be evidenced by the
bonds of the purchaser and TO be secured
by a deed Of trust upon the premises sold.
JOHN +. WELSIANS,
Special Commissioner.
Feb. ], 1879. 5w
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

FAST INDIA MANIOCA-The product
Ia of the "Mandioc Root" and makes
most delicious puddings, jellies, soups,
griddle cakes, and nourishing diet for the
sick, cheap, at
Feb. l, 1879. 3w
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
Dwelling House

with back building, Stable, Courthouse,
Wood Shed, &C., Fruit, and water-right
TO good Well.
No.2. A lot OF the South side of Ger
man street, east of Shoe Lane, fronting on
said street 81 l-2 feet, by BOG feet deep TO
an alley, known on the plat Of said town,
as the west half of Lot No. IL. The inn
provements thereon consist of one and a
half-story Weather-Boarded
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

JUST received from Pittsburg Factories
% an extra lot Of Rim Knob Locks; LuIl
& Porter's Blind Hinges; superior Hand
Corn Shelters, cheap.
Duff7elds, New. 70 q
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
Houses and Lots

town, jefferson county, w. Va, described
as follows:
No. l.. A Lot on the South side Of Ger
man street, west of Shoe Lane fronting on
said street, - feet by FOG feet deep TO an
alley, known on the plat OF said town, as
part of lot No. lt3. The improvements
thereon consist of 4 good two story
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
Dwelling House.

with Kitchen, &C., and also some fruit.
No. 3. A lot Oh North side Of German
street, fronting on said street, 81 l-2 feet,
by 206 feet deep TO an alley, known OH the
plat of said town rs part of Lot No. 40.
The improvements thereon consist OF \
one and a-half story Weatherboardcd
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
SPECIAL
Commissioners Sale
OF
DESIRABLE PROPERTY
SHEPHERDSTOWN.

DY virtue of decree Of the Circuit
ID Court of Jefferson County, West Va,
rendered on the Goth day of October, 1873
in the cause of 7. +. Ray, plaintiff, VS..
John V. Ray and others defendants, pend
ing in said Court in Chancery, the under
signed Special Commissioners, will, at ]
o'clock, Z. NJ,
On Saturday, March LIST, 1879,
re-ofler in front OF the Entlcr Hotel, in
Shepherdstown, in said county, at Pub
lie Auction, to the highest bidder, the
Real Estate i'm said decree mentioned,
consisting of y LOT, situated on German
Street in ShenheFdStaYnt 70 I tbe Inffh ,ran
Church, and lately known rs the Drusilla
Ray property. Said Lot fronts on said
street 1903 feet, by 206 feet deep, and the
improvements thereon consist of two sep
arate
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
Sale
OF 4
HOUSE AND LOT,
SHEPHERDSTOWN.

DY virtue Of a decree of the County
ID Court Of Jefferson County, w. Va,
rendered on the 22nd day of January,
1879, in the chancery cause of Sarah j.
Morgan's Admir-, Plaintiff, vs.. L. 5. Mar
kell and others, Defendants, pending In
said Court, the undersigned Special Com
missioner will, at l-2 o'clock p. NJ,
On Saturday, March LIST, 1879,
offer in front of the Entler Hotel In Shep-
herdstown, in said county, at public auc-
ton, TO the highest bidder, the HOUSE
AND LOT in said decree mentioned, SIT
uated on the South side of German Street,
in Shcpherdstown, In said county and
State, opposite Jas. a. Adams Hotel, aud
adjoining the residence of William Right
slime on the East, and Jos. NJ. Stonebra-
ker on the West, and known on the plat
of said town rs part of Lot No. 10.
sfabd O Sssatt a&sgb f Is a sT's and e
improvements thereon consist Of good
two-story Brick
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
Dwelling Houses,

one a comfortable Brick, the other n small
Frame House; also Stable and other Out
buildings, Fruit, and good Well of Water.
This property is pleasantly and desirably
located.
TERMS OF SALE-One-third cash, and
the balance in two equal payments, at one
and two years from the day of sale, the de-
ferred payments to be evidenced by the
bonds Of the purchaser, bearing interest
from the day of sale, said bonds to be Sc
cured by the reservation of a lien therefor
upon the premises sold.
DAN'L Is. LUCAS,
GEO. NJ. BELTZHOOVER,
Special Commissioners
Feb. !, 1879. 5w
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

good Stable, and variety of choice Fruit.
TERMS OF SALE-One-third cash OH
day of sale, and The residue In two equal
payments at one and two years from the
day of sale, with interest thereon from
the day OF sale, the deferred payments to
be evidenced 10y the bonds of the purchas-
err, and TO be secured by deed OF trust
Oh the premises sold.
WILLIAM RIGHTSTINE,
GEO. III. BELTZlI0OVER,
Special Commissioners.
Feb. ], 1870. 5w
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15
Commissioners Sale
OF SEVERAL
HOUSES AND LOTS

DY virtue of a decree of the County
ID Court of Jefferson county, w. Va,
rendered OH the 22nd day of January, 1879,
in the chancery cause of Geo. w. lawn
VS.. David Hawn's. admir-, aud others,
pending in said court, the undersigned
Special Commissioners, will
On SATURDAY., March LIST, 1879,
at . o'clock, p. NJ, offer in front of the
Entler Hotel, in Shepherdstown, In said
county, at public auction, to the highest
bidder, the valuable real estate in said de-
cree mentioned, of which David Hawn
died seized. consisting of three
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

EXTRACT OF MALT makes nourish-
u ing and health-restoriDg drink for in
valids and feeble persons.
BAKER 81 MCMURRAN.
Feb. l, 1879. Sw
Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-15

lust received lot of FOREST KING
y AXES, cheap.
Dufields, Feb. 1, 1879. If
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-18
CHAMBER OF COMMERCE,

A Little Routine Busine S. Discussing the
Question of Railroad Crossings.
The chamber of commerce held its regu-
lar meeting yesterday, at which an invitation
was received to send delegates to the nation
al board of trade, which is to meet at Wash
ington Dec. 10th.
II. M. smyth presented prospectus and
sample of railway guide which he proposes
to issue. 1t will evidently be valuable
publication.
Gen. Sibley stated that he had sent a pro-
test against bridging the Detroit river to the
commission which meets in Detroit to-day.
The report of the special committee on
railroad crossings made at the last meeting
came up as the special order. VIM. Lee
and also the mayor and city council for not
protecting the crossings. .~-.....
Mayor Dawson and AID. Rhodes both ex-
planned what the city was doing in the mat
ter and why there had been delay They
and effectual, and there was question as to
the power of the council. They expected to
secure the bridging Of the roads as soon as
possible.
Capt. Berkey wanted lower Third street
and Lafayette avenue closed and people COM
PEELED to go across the Seventh street bridge.
Mr.. f. Willius made especial structures
upon the st. Paul, Minneapolis & Manitoba
road, and urged their prosecution by the
city.
The report of the committee favored hav-
ing gates and fsgmen at the Third street
crossing, and the bridging of Fourth street
and Lafayette avenue. The report was
changed to make it cover either Fourth or
Fifth streets, and was then adopted.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-18
The City Wins.

ST.. LOUIS, Nov ia dispatch from the
clerk of the sapreme court says the long pend.
ing gas case of the city of St. Louis against
the gas company, was decided this morning.
The case is reversed and remanded with direo;
tions to the court below to order the receiver
to turn over ali property and profits and dis
miss the bills.
In the settlement of this case the city will
have to pay the gas company about $55O,00O
for gas consumed during the several years prior
to the commencement of litigation and the in
terest of this amount, court costs and attor-
ney's fees will increase the aggregate to very
nearly or quite million dollars. The receiver
of the gas company has almost q million dol
lars in his possession in the way of profits re-
allied since his appointment about three years
ago and this with the amout duo the company
by the city under this decision will pay divi-
dend on the ccmpany's stock of about 100 per
cent. This stock, in 800 shares, sold last week
at SO. To-day after the decision of the court
was known $50 was bid for it.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-18
PERSONAL.

James o. Lyman, of New York, is stopping
at the Clarendon.
A. J. Seymour, of Milwaukee, is among the
arrivals at the Clarendon.
: J. B. Williams, the pioneer saloon keeper of
Deadwood, is at Upman's hotel.
Hons VIM. Lochren and w. W. MoNair,
Minneapolis, we're in the city yesterday on
legal business.
Miss Helen e. Graham, New York; A. E.
Taylor. Brainerd; Geo. D. Moore, Bismarck, at
the Merchants.
At the Merchants: Thomas Barden, Ashland;
Hon. John Frederick, Red Wing; Hon. N. P.
Clark, st. Cloud.
Messrs. 8. 8. Merrill and 81. II. Porter, gen
eral managers of the Chicago, Milwaukee & st.
Paul, and Chicago. St. Paul & Minneapolis
railways, are at the Merchants.
George Stephen, president, Donald A. Smith
and r. P. Angus, of the st. Paul, Minneapolis
l. Manitoba railroad, leave this morning for a
trip over the road to Winnipeg.
Col. Platt B. Walker, of the Lanaberman,
Minneapolis, was visiting his st. Paul friends
yesterday, for the first time since meeting
with his unfortunate runaway some three
months ago. From the injuries then sustained
he is still suffering.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-18
TELEGRAPHlC lNvI0LABILITY.
A Test Case Sent Before the Supreme Court
Of Missouri.

A Test Case Sent Before the Supreme Court
Of Missouri.
ST.. LOUIS, Nov. l7.-E. h. Brown, Of the
Western Union telegraph Office, this city, APP
peared before the grand jsry to-day in response
to subpoena served upon him Friday last,
but declined SO produce the kilograms demand
ed by the jury. Mr.. Brown was then taken
before tho criminal court, and on again de-
clining to produce the kilograms, Judge Laugh
lin ordered him committed to jail
for contempt. 1t was agreed, how
ever that the commitment should be
constructive and that Mr.. Brown should not
be actually confined in Jail pending an appeal
to the supreme court. The latter tribunal is
now in vacation, but so soon as it resumes reg
ular sittings the will be taken before it
on the ground of insu1iciency of the subpoena
duces tecuns, and that the grand jury has no
right to the kilograms anyhow.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-18
The New French Cable Anchored,

NORTH EASTMAN, Mass, Nov. 1.-THE
steamer Faraday, on Sunday. anchored one
mile off the beach, and officers of the cable
company went on board to welcome Captain
Trott. Work was Immediately commenced on
the shore end of the cable, and at 6 P NJ. it
was on the beach, laid and signals exchanged
with tho Faraday. The steamer then proceed
ed to place where the cable Is buoyed and to.
day the final splice will be made and the cable
worked throughout the entire circuit, from
Cape Cod to Brest.
NORTH EASTMAN, Mass, Nov. 1.-THE Fara-
day arrived back from making the final splice
in the new cable at $3.50 P. NJ, and congratula-
tory messages were sent tn the president of
the company, at Paris. Cable Director Bru-
giere and Engineer Won Chauvin wire their
thanks. on behalf of the French Gable COM
pany, to Secretary Evarts for the liberal action
of the American government by means of
which the cable was landed under very favor
able circumstances.