davidaulloa/AmericanStories huggingface dataset:
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

Summons.
TERRITORY OF DAxoTA,l DISTRICT CorRr,
County of Pembina. Third Judicial District
Henry G. Feldman. plaintiff against JOSH Pill La
Porte, d. fendant
The Territory Of Dakota to tie above named
defendant.
You Joseph I.aPorte are hereby summoned and
required to answer the complaint In tn. ab,y,
entltl. action. which was fl d with the clerk Of
said court OH the I'D day of December. 1884. and
70 serve copy ofyour answer to the said com.
plaint on the subscribers al tn, ir Office In Penn.
bins In the county Of Pembina nnd T.rrit ~
aforesaid. within thirty days afr serving This
summons upon you exclusive ofthe day q
complaint within the time aforessid. the plaintiff
IN this action will take judgment against YOU for
tn. sum of one hundred and fifty.fve dollars and
interest on the same toM October ;st. 1879. ut the
rat" Of ten per cent PEE annum besides costs ana
disbursements.
Dated A.ct mber %, 1894.
GAFBNEY & KNeEsHAw,
es-sl Attorneys for Plaintiff. Pembiua, LUX.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
Farms to Rent

Two farms to rent, near Hamilton. 40
acres sumner-fallowcd. For terms ap-
ply to A.C. NICHOLS.
80 Neche, ID, T.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

CALL enJ. G. Sondcrman at his old
stand for any thing in the line of tailor
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

Democrats Assemble.
All persons who ale sufficiently inter.
ested in the welfare of either the citizen,
party or nation are requested to meet ut
kittson Hall, Tuesday evening, Feb. "a,
1885, at 7:3O o'clock p. m. for the purpose
of organizing a Democratic Club. By
request Of many citizens.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

A PARTY of Young people spent pleas
ant few hours at the Gemux House on
Tuesday evening, continuing the merry
dance until the arrival of lent-l2 O'Clock.
1t was sort of supplementary feast to
the ball of last week.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

THERE will be n social at the residence
of Mr. Thos. Morrison this, Friday, even
ing. An enjoyable time is anticipated.
Literary and musical exercises provided.
Admission % cents. Proceeds for church
fund. All are cordially invited.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

THE DRAMA "Above the Clouds" was
repeated OH Saturday evening in Kittson
Hall to another crowded house, which
fact was very complimentary to the
characterof the performance. The ladies'
and gentlemen taking part surpassed the
record of Thursday evening and all
present felt well repaid for coming out.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

BRIEFs:-Col. Wilson left on Sunday
night for st. Paul where he will sojourn
for few weeks......D. E. Andrews, tom
serial artist, left on Monday for Aurora,
Ont, where his family is. He is not
expected to return......H. N. Wilson who
has been preparing set of abstract books
for Megquier & Delaney, went to Mime
apolis Monday, expecting to return
soon......R. H. Young returned from
Bismarck on Saturday last....J. P. Hager,
of the st. Thomas Times, called at this
Office last Monday.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

sr. VALENTINES Day was duly observed.
The postofice had a boom in handling
the mass of illustrated poetry appropriate
to the season. Every young lady in town
had her precious burden to bear to the
privacy Of her most secluded apartment,
where in the climax of fervid anticipat-
ion, she enjoyed the rapturous breathings
of the idol of her heart-supposed to be
and passed the rest Of the day in pensive
musings as to whether it came from the
right fellow or not. Isn't that so girls?
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

Ere6n oysters.
At the Pioneer Bakery. Call and try
them. 9.3m
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
OSNABRUCK.

Mrs. James T. Anderson, of Osnabruck,
died very suddenly on Saturday night,
the l4th ult. Late at night she retired
feeling as well as usual, sleeping with her
youngest daughter who was awakened
about twelve o'clock by the unusual &C.
tlons of her mother. Quickly calling an
older sister every effort was put forth t.
ease her but of no avail. She died in a
few minutes. The bereaved fam,ly will
have the sympathy of all, when they
learn the husband and father is in Onta-
rio. Mrs. Anderson was genial, intelli-
gent lady and an earnest Christian, and
her death will be mourned by her many
friends here as will rs in the neighbor-
hood Of Prescott, Ont, the former home
of the family.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
81. THOMAS.


Dave, how does the wind blow?
Miss Haight. of Midland township, is
visiting at Mr.. Stong's residence.
The ball was success. good music and
plenty Of the fair sex, and we "didnt go
home till morning."
Our population still lie on the increase
and here is strange thing we have a
Caul and Gull added to our list this
week. All we'll and hearty.
Our literary entertainments are deep
ening in interest. Woman suffrage"
was the subject up for discussion last
Friday. A charge of ten cents is now
made, and still the house is filled to over.
flowing.
Miss Crawford will soon be starting for
Toronto. We have enjoyed her genial
manner, and been edited by her fire..
quent appearances in the platform. We
hope to see her back again TO the land Of
the Dakotas.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

IT is going the rounds of the press that
p. A. Gatchell has become heir to a large
amount of money. The Fergus Falls
Telegram says:-"P. A. Gatchell, alias
"Huckleberry," formerly Wadena edi-
tor, it is said has fallen heir to an estate
worth $4,000 Perhaps he will now re-
member some of his former creditors, as
well as those from whom he would
occasionally borrow a "V" or an tx !"
and some of whom live in Fergus and
neighboring towns" But we think
there must be some mistake about this,
for HuckleDerry's last issue contains a
leading editorial devoted to the praises
of certain ladies who made him presents,
respectively, of a roll of butter, string
of sausage and piece of fresh pork.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
FIELD.

h1UGFlELDs
Mr.. A. Cowan and wife, of Beaulieu
have been visiting at Mr.. X. Davis.
The farmers are discouraged by the
sudden drop in the price of wheat.
On the l0tl, inst young lady came to
see Mr.. and Mrs. r. DAVIS. She weighs
only IL lbs. All we'll.
Apetition to set of ranges So and SO
into Harvey 20. was sent around thi
place but met with poor encouragement.
There is great dissatisfaction with the
decision of Secretary Teller. Farmers
here will not prove up and 60 to Grand
Forks, as little money can be raised on a
claim here,
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
REPORTED cLEANINGs.
The wsskly Budget Of. Town aud
Meighborhood news, Collect
cd By Special Report.
ers Of the Pioneer
Express, from

Walhalla, Bay Centre. Mountain,
Drayton, Midland, osnabruok.
st.Thomas. Alma, Hyde Park,
Ridgedeld, Bathgats.
toilette, Ernest.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
HYDE PARK.

When does social become unsocial?
Answer: When got up for the purpose of
paving for the seats Of church, followed
by refusal to hand in the proceeds to
the treasurer. Also refusal to give it
to the collector when he called for it
nearly two months after the aforesaid
unsocial. CHURCH. MEnpRR.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

WALHALLA.
johnson & Holmes collector paid this
town call last week.
Where is q. d. Stack rust,cating is Q
query among the fair sex.
Our streets are still kept lively by the
number of teams drawing wood.
Mr.. Wheeler is in st. Paul, purchasing
goods for their ever increasing trade.
There is general rubbing Of thumbs
going on among the male portion of our
population.
Do not forget the dance in the school
house Feb. Goth, proceeds to be used for
the school. Come one and all.
Since the return of James Robertson's
wife from Ontario she has presented him
with twins. Congratulations. Bathgate
still u little ahead.
A number of farmers near here are
anxious to secure a Buckeye Platform
binder on conditions that if it does not
work they can return it. Where is the
agent?
If this thing is kept up for year or
two we will distance all the other towns
in Pembina county excepting Bathgate.
We allude to the four births in as many
days this last week.
Henry A. Mayo is drawing home his
crop of ice. He would have had an ex-
cellent one if it had not been nipped by
the frost. John Mayer and NJ. NORM
have housed their crop.
If it was only fall again. the young
people here would organize snow shoe
AMI toboggan club. We have ample facili-
Ties for both in this neighborhood, and
next fall will see the club organised.
Briggs 7. Grow is now to be congratu-
lated on the arrival of good harvest
hand at his house last Thursday about l
O'Clock p. m. He only weighed 10 lbs.
on his arrival but Briggs thinks by llar-
vest he can handle fork.
Chas. Andrews can also proclaim in
the language Of ye astllete, am papa,
for OH Thursday, Feb. 18th at 10 p. m,
his wife presented him with fine boy.
Still Charlie goes around with the same
old painted overalls. Congratulations
are pouring in to both the above mother
and son doing well.
We are sincerely sorry to chronicle tho
death of MIR. and Mrs. Bells eldest
daughter Blanche by diphthcria. The
funeral was on Tuesday the 10th inst, ia
the Walhalla cemetery. Tho parents
have the sympathy Of all in this their
double bereavement they having lost
their other child but IL week or SD before.
Truly their home will feel desol:,te.
May they have strength to meet their
afiiictiUn.
A trave.ing pocket edition of a magic
lantern struck this town such a blow the
other night that it has not quite recover
ell its equilibrium. 1t was held in the
school house and required the entire
strength of two men and boy to hold il.
Tickets % cents for grown people; chill.
dren under thirteen. Is cents. A large
and respectable audience like Demo-
cratic caucus greeted them aud in the
morning they gently folded their machine
and silently stole away.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
CHANGED
HANDS,!

Having purchased the business of the
National Harness Co. in Pembina, I will
continue to carry on . general harness
business at the old stand ON Cavileer St.
Thanking numerous customers for past
liberia! patronage and hoping by strict
attention to business to merit contimu-
ance OF the same, Respectfully
A. W. RAuEY.
N. BAH accounts due the old firm
will be collected by me and all debts OF
the old firm will be paid by ms,-A,W. B.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
MAR RED.

HUNT-MuRrHY.-In Pembina 18th inst,
by Rev. L. ID. Wardwell, MIR. Thomas
Hunt to Miss Ellen Murphy, both of
toilette.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
BAY CENTRE
Bay Centre is still alive.


Bay Centre is still alive.
Can anybody tell US what makes the
weather NO fine and cold.
A lodge Of the order of I. o. G. T. was
formed here January Goth, with AZ mem.
bes the first evening aud still more
coming.
Now that we have q fine stable at the
school house we are to have preaching
every Sunday afternoon at 3 o'clock PIN.
by the Rev. John Scott.
The proceeds of our concert which was
held January 2, now shows up in the
shape ola fine stable large enough for
ten teams of horses. It is built ON the
school grounds.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

DEMOCRATS are exhorted to rally around
the flag next Tuesday. The time draw
eth nigh when Cleveland will be presi-
dent de facto, and it is high time for all
who think they lean towards the Demo-
cracy to FURNISH their arInor, examine
the hope that is within them and see if
they are up to the proper standard of
fitness-that is, possessing lively sense
of tavors to come.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

TIE spiles are being hauled to the
foundation of the new bridge across the
Pembins, and the iron works and other
material is expected soon. At no time
for many years could bridge be con-
structed SO cheaply as now, the price OF
iron, as well as of labor ls so low. The
building of this bridge now is timely
from every standpoint.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

The REPORT that ]. C. Marshall had
skipped having been proven false, we
now expect to see that stalwart son OF
thunder succeed in capturing the Demo-
cratic organization next Tuesday evening.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
MOUNTAIN.
Thorlacks or


Messrs. H. Thorlacks on E. II. Berg
man and John rhordarson went to Neche
on the I'd inst.
The wife of B. Thorlackson gave birth
to child ON Saturday morning last. The
child was dead but the mother is doing
we'll.
The division of the county is what
people are discussing nowadays and
petitions are being signed asking the
legislature to enact laws to that effect.
Services were held in the church on
Sunday, and although the weather was
pretty rough large crowd attended.
Rev. Thorgrimson will preach here every
third Sunday. preaching at Gardar
and Hallson in the meantime.
A petition is being circulated in this
township asking that the people here be
allowed to pay their taxes to the town.
ship treasurer instead of going to Penn
bina as heretofore. AS we are likely
to have for treasurer man who has the
facilities for keeping safely all the money
in this township, we think the idea a
good one.
On the 18th inst, the township caucus
was held at this place and the following
gentlemen were nominated to the vari-
Gus township offices:-supervisors: John
Thordarson, E. H. Bergman and Thor.
Thorlackson; Assessor: e. Christianson;
Treasurer, II. Thorlackson and for con-
stables, NJ. Stefanson and b. TilorIackson.
All these are able and Trustworthy gentle
men and their nomination should be
endorsed at the coming election.
A debating society has been organized
in this neighborhood and a weekly de-
bate is the result. woman Suffrage"
was the subject of discussion last week,
and it was nobly defended by the newly
married but especially by the unmarried.
some Of whom have strong reasons for
defending the gentle sex, but we shan't
tell. All boys, how the cold perpiration
stood on your forehead as you rose to
speak in defense of the women, your
own girl included, and thought how she
might measure the intensity of your de-
votion by what you said then.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

The boys generally speaking, must
have received their Valentines. through
che mail as not many attended the social
to see what luck would turn up. Hope
they were not deferred by the eight
blow We had, for life is full ofstorms, and
We stand in need of some one to help US
weather It out.
A visit to our public schools lately sur
prised us. Seventy-thros pupils were in
attendance, and we were glad to notice
the rapid improvement in some of the
scholars. Our teachers are equal to any
in the county and establishment would
seize the visitors to see the little ones
who spin out the long list of presidents.
DRAYTON.
We are glad to hear that Miss Dayman
is recovering from her late illness.
g. A. McCrea one Of Drayton's most
successful business men started last week
for trip to Canada, New Orleans &c.
J. d. Wallace and wife left last week
for Ontario. Mr.. Wallace expects to re-
turn in about a mont, with a carload of
horses.
Our correspondent must have been
out Of town last week, as though there
was plenty of raw material, no news
items were connected for this column.
The literary society lately organized,
is now getting in its work in good style
and much interest is being manifested
in 1t by our citizens. At the first meet
ing, last week, a stoutly contested debate
was. held upon the following subject:
Resolved, That the low temperature of
the climate of Dakota is fatal to the
future development of the country. AT.
firmative, Messrs. Crandell, Patmore,
and Mcdonald; Negative, Messrs. Henry,
Boulding and Thompson. After a very
spirited debate, during which consider
able amusement as we'll as information
was furnished the attentive audience,
the decision was rendered in favor of the
negative. Monday night of the present
week the society gave a literary and
and musical entertainment which was a
pronounced success. Readings and songs
glistening will. talent, were rendered to
large and appreciative audience, by
artists, whose individual efforts we will
not stop now to comment upon, and IN
deed, to render justice to whom would
require the service of q more able pen
than ours. The program for next Mon
day evening includes debate upon the
following local questions: Reso. we'd, That
the Red river is Of more benefit to Dray.
ton than railroad, 1t being understood
that either the river or railroad could
be had, but not both. The contestants
are: For the affirmative, DR.. Musgrove,
E. Southland and II. w. Wallace; and R.
b. Richardson, Geo. McQuinn and MN.
Campbell for negative.
Reader, have you not some friend in
the east or elsewhere, who would Ike
much pleased to get your photograph.
NV gallery will. he closed shortly for the
remainder Of this year.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

TIE Auditors type writer last week
inadvertently put E. Armstrong; fees in
Lachlier case $40, instead OSLO. Also
wood furnished by II. r. Vaughn should
have read 81 so instead of $3.50.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

N1uUlsANO.
Wood is plentiful. No need to feel
cold weather now.
Last week little stranger boy arrived
at Mr.. and Mrs. McFarlane's. All we'll.
Thomas Mcconnell has beeti for some
time ailing. Under the skilful treat
mcnt of DR.. Musgrove he is rapidly re-
covering.
Constable McAndrews passed through
here on Monday last. en- route for St.
Thomas, with Charles Story in custody.
The charge is petty larceny.
The petition for the mail route between
Drayton and Hamilton has been granted.
A meeting was held at Mr.. George Hodg.
sons Wednesday night. Mr.. Hodgson
was appointed postmaster. and the office
named Mugford, in honor of the man
who took so much pains to have the line
established.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

TIE weather for the past week has
been mostly clear and not 80 cold as most
of the weather of the previous weeks.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

IL. A. ROSE,
and Councillor at Law. Practices in
United States Land Office. Money to loan on final
proofs.
HAMILTON, DAKOTA.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
Fresh Ovsta,.s

Items Of Interest.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

Rev. G. A. ScHRAM preached last Sun
dav, at Emerson, his place being filled in
this town bv Rev. Vickers, of Emerson,
in the morning, and by Rev. L. d. Ward
well in the evening.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
no su1eoRrpHRs.

~ oO00O1kAB1Rk0'
The following are our authorissdsssnta
10 receive subscriptions forthe P1oNrrs-
ExrHnss. Remittances can also be made
fi,roct n tE;. of,3oo.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

Rev. APPLEBY conducted Episcopal SER
vice in the Presbyterian church ON Sun
day evening last.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
sussecr.ptions Received.

The following amounts have been re-
seived on Subscription, since our last re.
v.orS ,,,,Sl., x1.s.1 hn.l.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
ERNEST,

ERNEST.
Ed. Best has left us for the mountain
again to hold down his claim.
A few from Ernest had the pleasure of
attending the ball in Necl,e in honor of
Mr.. LaAleurc.
Jumper cutters are all the rage here
this winter, the one that has the worst
looking one is the best fellow.
DIR. O'Connor will reside one mile north
of post office for while. He thinks
that foot won't have to he opened.
Our curly headed boy should be more
careful where lie is when he kisses his
girl again for people will laugh. you
know.
Benjamin snitler while digging well
OH his farm struck an oak log IS feet
down that was one foot in diameter, and
by the way it was decayed. we should
judge it had been there for ages.
The concert in the Ernest school house
on February 5tl, was grand success,
about l25 people present. Walhalla and
Bay Centre were well represented. The
program consisted of songs and recita-
tons. Bye's Negro song. the weeping
willow, was loudly applauded. Miss
Rosa Best was the lucky candidate for
the cake.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
JOLlErrE.

TOILETTE.
Mrs Samuel Woodllouse has gone to
st. Paul, where she will remain with her
daughter, Mrs. Goodwin, until spring.
The friends and ncighbors of Mr.. and
Mrs. J. Malon met at their house on
Friday evening last and spent q very
pleasant evening.
Mrs. YOumans and Mrs. TAFT returned
home Monday after spending few
weeks with friends and relations in
Winnipeg.
Mrs Storms, brother of Will Storms. of
this place. has gone home to Ontario.
Mrs. Storms has been residing in this
place for nearly four years. and will be
much missed by her many friends whose
best wishes 20 with her.
There will he tea meeting held at
the residence of Benjamin lockwood on
Friday evening the 9th of this month.
Tea to be served at half-past seven, after
which there will he speeches, and vocal
and instrumental music. A good time is
expected. Proceeds to 60 towards the
salary of Rev. q. A. Schram. All are in
vited. Tickets fifty cents, children half
price.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

A PETITION from Crystal to the county
commissioners asks the board to refuse a
license for a saloon in that town. 1t has
So signers.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

We understand that Mr.. T. w. Gaffney
expects in few weeks to remove to St.
Paul where he will puruse his profession
in q wider field.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

REGISTER TwEEDLlE has gone to Bis
lnarck to see the elephant.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

T.. D. HARRISON,
Attorney at-Law Land and Loan bgent. or.
nee In Webster building, Rolette street,
PEABLNA, DAKOTA.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
THE PIONEER. EXPRESS,
TERMS, 5000 PER YEAR.
AROUND TOWN.

AKUUNU TUWN,
School appointments will bc made
next week.
The skating rink is still a popular
resort.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20

The wood market is weakening as the
sun gets higher from the horizon.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-02-20
NuMMONs.

w. J. kNERaHAw,
1855 Plaintiffs Attorney, Pembina,
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1885-03-15
THE JUSTICE &oURT.
The Business Before Justice
&aige Yesterday.

The Business Before Justice
Gaige Yesterday.
Indian Charley was the first man
called up. 1t appears that he had
been nabbed stealing eggs from the
County Hospital, and when the Of
ficers caught him he had a pocket
full of the squashed eggs. In the
face of such evidence he could do
nothing but admit his guilt.
He will come up for sentence
tomorrow.
Timothy Duffy, the maa who
figured in the Benton-Dufiy shoot
ing affair, was brought up charged
with ASSAULT upon Mr.. Brady, hav-
ing hammered his head with
cane. He pleaded guilty and was
taxed 81 and costs, being $32 in
all.
The case of J. B. Gagron vs..
John Qnill was a civil suit to re-
cover balance of 1903 for labor.
the evidence was submitted and
the case taken under advisement.