davidaulloa/AmericanStories huggingface dataset:
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23
Ticks on Sheep.

HoPKlNsvILLE, Ky, June 10, 'S5.
EDITOR FARMERS HOME JOURNAL:
Will you allow me to ask for in
formation through your paper. My
sheep do not thrive. The lambs seem
to be stunted. My whole flock, for
the past eighteen months. have been
infested with ticks. Will some of
your numerous readers tell me
through your paper, whether or not
ticks are injurious to sheep. If so
what is the safest and most cflectual
remedy to destroy them and how to
use it? Such information will be
thankfully received and appreciated.
Respectfully,
F. M. p.
OF course ticks are injurious and
in direct proportion to the number
found on the sheep. There are many
dips prepared for destroying these
vermin, and if you don't happen to
know of any convenient to you make
strong decoction of tobacco stems
or trash and dip your sheep. BE
careful not to get it in the eyes or
mouth. The ticks always leave the
old sheep after they are sheared and
collect on the lambs.-Earmers' Home
journal,
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

The Steamer "Isere" bringing the
''Statue of Liberty" present from
France to the United States, arrived
at New York Friday and was receiv-
ed with great Formally. The naval
pageant was the finest ever witnessed
in New York. The N. Y. Worlds
Pedestal Fund has reached $4,000
and is still growing and the necessary
100000 to mount the colossal statue
will soon be raised.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

The report of the Commissioner of
Agriculture for June puts the wheat
crop in Kentucky at 2226 of full
crop. Corn is rated at S796 and to-
bacco at 1919. These figures are
based upon reports from So counties,
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

7. j. Cluverius, Richmond, Va,
lawyer, has been sentenced to hang
Nov. 20, for the murder of Miss
Fannie Lillard Madison. The girl
had been seduccd by Cluverius and
the theory of the defense was that she
committed suicide, The evidence
against the prisoner was wholly cir
cumstantial. He asserted his limo.
cence when sentence of death was
pronounced.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

Mr.. Thomas Bean and Miss MolliC
SIMPSON, of Washington county
were to have been married Thursday
but the lady at an early hour took Q
Nip to Jacksonville, says the Rec.
ord, and married Eugene Miller
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

One hundred miners were killed
by fire damp explosion in a coal
mine near Manchester, England,
Thursday. On the same day the
French ship, Renard, was found to
have been lost in the Indian ocean
with l27 souls on board, not one OF
whom was saved.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

The Henderson journal, heretofore
published by stock company, has
been sold to Messrs. Jno. A. Lyme and
Starting Marshall. The Journal has
the appearance Of a prosperous sheet
and we trust it may continue pros
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

Col. w. b. Fleming, of Louisville,
was appointed Associate Justice OF
the Supreme Court of New Mexico,
Friday. lie was defeated candidate
for District Attorney.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23
ANNOUNCEMENT,

We are authorized to announce
James Dreathitt as candidate to rep
resent Christian county in the Legis-
lature. Subject to the action OF the
Republican party.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

A. j. Morehead, Democrat; w. W.
Poole, Republican, and W. L. Trice,
Independent, are the Legislative
candidates in Webster county.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-23

Judge J. b. Stallo, of Cincinnati,
has been appointed Minister to
Italy.
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
THOROUGH WORKMANSHIP

Can only be obtained by rigid system pert
plans, claim that point excellence has been
manufacture Pianos that will in climates
where the expensive work has failed.
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05

that
business ermna on of tsafa
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
TOUCH.

found desirable in Piano II the touch
Iuy
hat al viii NJ
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
PURITY OF TONE.

had existence it has been the ann OF
brd-ke
combined requisite supply Jhe
laInentable
all the
reached these Pianos, combined
hnetOned Wlll
would otherwise be debarred TINS great
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
EVENNEsS OF SCALE.

Many makers have succeeded in making Pianos at rates
always has developed much uneenne IN the tone az 10
dissatisfied
appointed We happy to be able TO point to ne great STRIDES
Piano need not hesitate a TO choice.
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
POWER.

The brilliant many all lost by being
supported balance power throughout the scae thin
the only thing found in PanOsbut in
fu balanced all its parts and just the right power has
been
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
SINGING QUALITY OF TONE,

ch everybody enjoys, found Pianos that
to the singing quatywith immense
combined with greatest powerwhich these instr
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
BEAUTIFUL DESIGN OF CASES.

n appointments o
and dirtaccumuang places We consider this
prominence attention.
Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05


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Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-05
MODERATION IN PRICE.

We have aimed at the average wants of til
to supply those goods which only the fe
plan the cost, combining what is really needed
article within the means OF the average merchant,
all those desiring fine Piano at reasonable cost.
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27

was not required to enter into the investiga-
ton of the custom, whether the imposed tax
was for a private purpose, and therefore
whether legal or illegal.
The Supreme Court concurs with the Cir
cult Judge, sustaining the constitutionnlity
of Section 269. See the State VS.. Treasurer,
4 S: G. $40, and the State We. Gaillard, IL s.
c., 300.
Opinion by Simpson, c. j.
Mc1ver, A.. J :, concurs, because tho consti-
nationality of the provisions contained in
Section 269 Of the General Statutes has been
determined by authority to which he is bound
to yield.
McGowan, A.. j., dissents, being of opinion
that the Court should now declare Section
269 Of the General Statutes to be unconsti-
tutional; or if it is too late to do so, that it
should declare that said section was never in
tended to apply to a case like this, where the
provision for an alternative remedy against
the State does not exist ; and that the decree
should be set aside and the cause remandcd to
the Circuit Court to be heard like otherIcases
only upon the merits involved.
Filed April Is, 1885.
Mcssrs. Bcnct Il Scudday for appellants,
Msssrs. Whitner Il Son for respondents.
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27

The Press and Banner takes the DO
Bition that only those voters registered
by the Town Council previous to this
time vote at the election.
1t is our opinion that the Municipal
registration has nothing to do with this
election, that only the State registration
certificate is necessary to be exhibited,
to entitle a voter to vote. The act of
1882, a~mendatory of the town charter
provides the qualifications Of aye aid
residence that shall cntitle u person to
vote for Intendont and Wary7eas.
And throughout the registration portion
and it speaks of elections for '%.Intendant
Wardens," which it calls Municipal
Elections. 1t provides for the follow
ing form of certificate Of Registration,
"The bearer is a qualified voter Of the
town of Abbeville and is years of
nge and entitled to vote in the Munich
pal election of said town." Now, the
Act speaks of the Municipal elections
entirely. They are elections for Intend
ant and Wardens. And the especial
elections quoted by the Press und
Banner are those ordered to ill vacan-
cles in the Offices Of Intendnnt or War
dens. The election to DO held on Fri
day is in no sense Of the word L muuic-
ipal election. But is a special election
provided for by a special act Of the
Leglslature-and the only qualifications
necessary are those necessary to a vote
at a State election.
Don't let us have any technical points
about this matter. Let us have n full
free and fair election. Let everybody
who IS of age and qualified under the
State laws cast his vote. We want Il
full frank expression of the public SEN
timent on this question. Therefore
don't try to shut off anybody. We
don't how it will affect this election ONT.
way or the other, but We think this is
the proper policy to pursue.
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
ADVICE TO

Are you disturbed at night and bro
ken of your rest by a sick child suffer-
ing and crying with pain Of cutting
teeth If 80, send Mt once and get n
bottle OF Mrs. WINsLOw's SOOTHING SYR-
Ur o CHILDEDN ~TEETnINa. Its value
is incalculable. 1t will relieve the poor
little sufferer Immediately. Depend up.
on it. mothers, there is no mistake about
it. 1t cures dysentery and diarrhea, reg
ulates the stomach and bowels, cures
wind collie, softens the gums, reduces in
famation, and gives tone and energy to
the whole system. Mrs. WINsLow's
SooTIIG SYRUP FOR CHILDREN TEETn1NG
IS pleasant to the taste, and is the pres
cription OF enc Of the oldest and best re-
male nurses and physicians in the United
States, and is for sale by all druggists
throughout the world. Price rs cents n
bottle. Say 72
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
THE STATE SUPREME COURT.
Synopsis OF Recent Judicial Decision
'"oP"' A'oSS"c VuuicItA DeclSlON.
CMamdIec ct al, r~. 7rihhir, Treasury, ct al.
so. l,7O3.

cAamd|ee ct al, rs. 7fihhie, Treasury, ct al,
40. l,7U3.
Certain townships in the county of Ard,r-
son under IN Act to charter The Savannah
Valley Railroad Company" approved InIh
March,. 1878, und other Acts amendalory
1nercof, voted a subscription to said road.
The appellants, Icing landowners and tnx-
payers III these townships, refused to nav
their portion "f this subscription. Thcyy
were published rs "dclinqucnt taxpa ycrse -
and their lands were advertised to b. sold bv
me a"a'.or ana treasurer, with Il penalty Of
10 per cent.
The appellants applied to the Circuit judge
Tor an injunction, which WAS granted tenn
porariiy until the case could be heard on it's
own merits. The case was afterwards heard
ny the Circuit Judge, who decrerd adversely
to the appellants, on the gruNnd that the as.
scssment and levy made uinn amp | M,
property, being made to collect taxes. he had
no jurisdiction, under Section 2Gp. General
statutes, 1882, which inhibits INDUCTION and
all other process issuing from the Courts in
tchacd TO stay such collections, and having M
jurisdiction, nett Ter the constitutiouality ot
inc Acts OF the Legislature referred To above.
nor the liability Of the conduct of the d,f.n.
PENDANTS could be considered or determined
ny Inn, a.d ordered aud adjuLgcd thu: the
plant DC dismissed.
The pi'inias appealed. The appellants
ieny the cnnstituti"naIity of the Act Of I2tb
March, 1878, aud the Acts amcndatory thcrc-
OF, chartering the Savannah Valley Railroai
Company, alleging that 1t il a -v;ola,iru O
Act IL, Secri"n 23 Of the Con t ,n,ion of ill.,
state, in that its title is defective; they deny
MT The ass ssinpnt aud levy n,ads by tic
dcient.anis were for the purpose If collecting
lax III tbs section 26N, General Statute.
iss;, ai"! they d,ny the c"nsii,utionul;ty Of
SAID Section z69.
The Supreme Cont decides that jnasmucb
asthe Circuit j Judge nnGe no ruling mon the
comss.,a.'onali!x OF III. act ehsrtering tho
The Court can only rcvicw such questions Of
below.
The Supreme Court concurs with the Cir
en;t Judge as to bis ruling on the second
Ho,nt, v.s that the assessmen and levy was
hibits the Courts from stopping the collection
2. axes, whethe! legal or tilegai. They may
90 legal or Illegal dependent upon ths nurs
pose OF the collection, whether tor q public Or
priyate nsej but il either case it is . tax I'M
posed collectabIe until, IL ilcral. h A. 40
s.djndgsd and dstermined by proper aStbor,tv.
Under the Sircunsta6ccs The Circuit JudSs
a.
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
'EDNESDAY, MAY, q, 1885.
RISING.

The MESSENGER is rising in the csti-
nation Of the Medium. At first moth
ing that we said to or about II neigh
Dor obtained any recognition from him.
He silently ignored us. After the rail
road discussion began, he began to take
some notice Of us, and acknowledged
our existence. Last week his editorial
page was devoted to the MESSENGER.
Truly VIC arc rising! And the Medium
had actually to adopt our style Of argu-
mcnt. We have suggested heretofore
that the rail road be put in the hands of
t. editors Of the Press aUd Banner
and Medium. Last week the Medium
suggests that the contract for building
the road DC lot to the MESSENGER.
Neighbor, you ought to give us credit
for the wit you borrowed. We are per-
fectly willing to lend to you, for you are
so devoid Of argument to sustain your
position, that you need help. But we
insist that you shall he accurate and cor
rect, in your statements.
The Medium says: "The MESSENGER
will do the work for $4,000, Kirk for
100000, and Schoficld for 229,OOO."
That is not true, the MESSENGER never
offered to do the work ut any price. 1t
can't be bothered with a small thing like
n rail road, it has got its hands full try
iES to keep the Medium and the Press
and Ban ner straight.
But in earnest the Medium was not
fair and engenuous in its argument.
The estimates of Kirk and Schofeld
both include bridging and trcstling,
neither Of which arc included in our cs-
innate That estimate was made upon
the experience Of the A. s K. Road and
Medium cannot refute it.
No, no, friend, you can't inveiglc us
into a rail road contract md divert us
from u legitimate business. We are
here to stay.
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27

We presume that the Press nHa EaR.
mcr will present to it's readers to-day,
the dissenting opinion Of Associate JUS
ticc MCGOWAN in the case Of Chamblec
VS.. Tribble. low let it be understood
that this i$not the ldw. 1t requires con-
currence Of a majority of the Court to
decide a question. Chief justice Simp-
son and Associate Justice McIver con-
curin opposition to the views Of Judge
MCGOWAN. Therefore. however much
respect the opinion Of Judge MCGOWAN
may deserve, it is not the law Of the
case and no amount Of head lines can
make it 50.
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
Sheriff's Sale.

Lucy J. Mars,
against Execution.
i. W. Mars, AS Executor.
(i yirtne of an Execution TO me direct
cd IN the above stated case, | will sell
to the highest bidder, at Public Auction,
within The legal hours of sale, ut Abbevillc G..
H., on Monday, the first day If June, A.. ID.
1889, the following described property, stu
ute in Abbcvillc County, t" wit:
Ali that tract or parcel of land continuing.
ONE HUNDRED AND EIGHTY
FIVE ACRES,
more or less, and bounded by lands Of the
EStntc Of Josiah Wells, :. X. Morrah, J. f.
Caldwell and others. Also, that tract or par
Gel OF land, containing
TWO HUNDRED ACRES,
more or less, and bounded by lands of James
Mccaslan, said T. W. Mars and others, aud
known NJ the McCclvy rlncc. Also, that
tract or parcel Of land, containing
TWO HUNDRED ACRES,
more or less, and bounded by lands of James
McCaslun, a. b. Lindsay and Others, known
also rs the McCelvy tract, being the tract
willed to said T. W. Mars by his tulher John
4. Mars.
Levied on and to be sold as the propertv of
/. W. Mars, rs Executor, and others to suits
~ the aforesaid Execution and costs.
Terms Cash.
May 9, 1885. j. f. G.. DuPRE.
Sheriff. a.. c., S. c..
May Is, 1sS5-tf 80
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
"BYRON.".

The Medium says, "Lct byron
come out over his W signature, and
show his identity. We promise not to
get mad at anything he says, but will
promise the people to lift him out his
boots in a neat and complete manner"
To most people it will occur that 'By-
ron" has already performed that feat for
the Medium. We suggest that if the
Meaium don't mind it will produce n
repetition Of "English Bards and
Scotch Reviewers" "Byron' 'stirred
'em up"
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
ElectiOn!

IHE STATE OF SouTH CAROLINA,
COUNTY OF ABBEvnLLE,
Town OF ADBEvILLE,
Council Chamber Of the Town Council
of the Town of Abhevillp.
BE IT RESOLVED. by the Town
Council of the Town of Abbeyillc. now
met and sitting in Council.
nat, IN pursuance of the provisions
OF an Act of the State Of South Caro-
Ina, entitled "An Act to Authorize
Counties, Townships. Cities and Towns
inter .stcd in the Construction of the
CarolIna, Cumberland Gap ana Chicago
Halfway Company to Subscribe to the
capital Stock Of said Company, ap-
proved December 22h, 1888, and upon
inc written application Of n majority of
the owners of real estate Of said town.
duly received by this Council, asking
that an election be held to ascertain
whether or not said town shall sub
scribe the sum Of five per cent. on the
assessed value Of real and personal
property in said town, m bonds, to the
capital stock of the Carolina, Cumbcr-
n Gap and Chicago Railway Compa-
n.y., according to the provisions of said
Act; an election be held on the 10Th
day of May, 1885, Mt Abbrville G.. H..
in the town Of Abbcvillc, the polls to
open ut u O'Clock n. NJ. and remain open
uhtil y O'Clock p. m, Mt which election
snail DC submitted to the qualified yo-
ters OF said town the question whether
Or not the said town Of Abbeyillc, shall
Subscribe the sum of five per cent. on
the assessed value If real and personal
property, IN bands, to the capital stock
OF the Carolina, Cumberland Gan and
chicago Hallway Company, according to
the provisions Of said Act.
The said subscription to be made on
condition TINT the said bonds be dcpos-
tied IN some bank in trust and not to be
delivered to the President of the Caro-
llnn' Cumberland Gap and Chicago Rail
way Company, for the benefit Of the
said road, until the said road shnll be
completed to the town Of Abbeyille
y. H., and on the further condition that
SAID road be completed to Ahbrvilc c..
III, on or before the first Of january.
A. ID. 1888.
That, 7. i. Speed, j. G.. Miller, l.. X.
Bowie. are hereby appointed the mana
gers OF said election, With full power to
hold and conduct the same. count the
votes, declare and certify tho result, ac-
cording to the laws in force, and the
provisions Of said Act.
That Inc voting; ut said election shall
lie by ballot such Of the said voters
who desire to vote in favor Of said
town making the aforesaid subscription.
shall vote a bollot having written OF
printed thereon the word .SUpscr,p-
TIoN," such Of said voters who desire tc
vote against the said subscription shall
votes ballot having written or printed
thereon the words NO SUnscrIrr1oN.'
That notice Of said election, stating
the the time, place, purpose, and form Of
ballot to be voted thcrcat. he published
as by law directed, in tn" newspapers
published in the town Of Abbvvillc, in
the County aforesaid, by three weekly
insertions in each next previous to tho
29th day Of May. 1855.
j. :. HA MOND, I%ntrndaut.
JONES +. MILLER, Secretary.
May ID, 1864 93
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
ALL ABOARD.

Fhe issue is made up; the battle has
been fought: the argument made, and
It remains now with II peoplc'to saw i!
we shall vote the subscription to the
&C. q. & G. Railroad. The
for and against the vote have been rnllv
presented and our citizens are in posi.
ton to decide for themselves calmly and
deilocrateiy what course they will nur-
sue. Whether we will take the cha ncc.
that arc held out to us and which if wo
feil to realize can do us no harm. Or
whether VIC will thrust back the hand
held out to mid ard consign II town and
all its interest to SLOW and inevitable de-
cay. The conditions thrown around
THESE bonds mako the town perfectly
safe in voting them. Therefore there j.
no danger. And who dare dcry t},o;
there is hope? What possible obi.c.
t,"n have you to voting them =? Sun
peso yon do not believe anything viii,
come of II? You may 6e mistaken.
n since no harm can come Of it WIN,
not take the CHANGES ? S%npuose Won
were stranded on a rork in mid ocean.
20 remain upon which we've crytair.
death by tho slow process of star .atio,
ship, bound for a foreign port, md No,
in communication with your homo uo,,
or likely ever to be, heayes in sight !:
svonid you refuse to take passage OH
her because you might not lie able to
reach home in years perhaps? Our
zcondition is similar Good Judgment,
prudence progress and enterprise COM
hipsS to;nrge ns TO vote these bonds.
ridaysis the Hateful day for Abboyille.
Thi1msayb s that Turn IL the tide of Her
1aadrs Ehich takeaA ! the food ie.ds
ISes tesfSltaRgsoin ittsd, Ill the voyage 3
2ttISEE&tE&X ~ gT<SEl
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27

MAsTER's SALE.
The STATE OF SorTu CARoLIxA.
County ut Abbcyiilc.
In the Common Pleas.
F.. W: Wagner 4 Co., against r.. w. Mars,
J. Mars. %
Foreclosure,
BY virtue Of an order made in the above
stated case on the 2lst day of April, 1885, I
T., :; c., on Monday, Juns LIST, 1885. being
Sale Day, within the loyal hours of sale, the
following described property. situate in said
STATE and County, to wit All that tract or
parcel of land containing
ONE HUNDRED AND EIGHTY
FIVE ACRES,
more or less and bounded by lands of the
estate O. Josiah Wells, s. r. Morrah, j. E.
Caldwell and others.
Also'that tract or parcel Of land, con-
tanning.
ONE HUNDRED ACRES,
McCnslan, said T. W. Mars and others, and
known 49, the McCclvcy place
Also, that tract or parcel of land, contain
ing TWO HUNDRED ACRES,
more r less and bounded by lands Of James
McCaslan, A.. II. Lindsay and Others, known
also M the NcCelvey tract, willed to said T.
W. Mars by his father John A.. Mars.
Also, one undivided half interest in
ONE HUNDRED AND SIXTY ACRES,
more or less, known as the Gown Tract and
bounded by lands of Mrs. J. W. W. Marshall,
Ms. Jane Lee and James Taggart.
The said lands TO be sold In accordance with
the decree of foreclosure heretofore passed on
the 18th day Of June, 1884. and at the risk O:
said Lucy J. Mars, former purchaser.
Terms Of sale, onc-half cash, balance on
twelve .ionths with interest from day of sale,
the credit portion 10 be secured BY bond with
sufficient security aud mortgage Of the prem
ises sold-PurChascr to pay for papers.
Maya, iss6-lt IS
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
EDITORIAL NOTES.

The great French author and states
man Victor Hugo is dead. Some Of the
greatest works of fiction, Of the present
age, notably, lies Miserablcs," and
Quasi Modo" or the Hunchback OF
Notrc Dalne," were from his pen. He
was known in life as an infidel, ont it il
asserted that before death he affirmed
his belief in God. His vanity was not
less than his ability, and greatly married
his character. Even the greatest have
faults.
The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-05-27
MORGAN AGAIN.

Captain Dawson, lost Saturday, adj
dressed the Blackvillc Democratic club,
on the appointment OF j.. NJ. Morgan to
be U. S. Consul in Australia. After
hearing Captain Dawson, the club by an
almost unanimous vote. adopted a rcso-
luton declaring That the explanation
was satisfactory. There was nothing
new in it, and we see no reason to
change our opinion that the appoint
ment should not have been made.