davidaulloa/AmericanStories huggingface dataset:
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-01-15

President and Mrs. Cleveland will not at
tend the Old Guard ball in New York. but
Secretaries Endicott and Fairchild, with
their wives, will represent the administra-
tion on that occasion. The President is not
a dancer, but he does not object to the pas
time. In fact, he frequently makes the Re
nnhlicans dancn
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-01-15
The Morning News in the City.

The terms for the DAILY MORNING NEWS,
delivered every day, in any part of the City,
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-01-15

OpC
the bench
/ II recei
/ said:
/ And yd
| love me ad
A look o
| his face. 1
was far md
pated. He
hin-that
| and, oh, hid
| this trlItI, 4
pathy was
passion for
el's that LAY
frosty brea
"Florine
forgive you
fully do so.
consider m
man. VIII
tee or insu
can never
we klleel be
for the ofe
Him, our II
lures passes
contemptib
confessed I'd
how dishon
ing to beco
ready betl
you, as | tc
woman l I'd
my anger.
feeting. v
forgive.
seriousness
learned tina
from the sill
you and Ma
had either G
could have
my forgiven
He PAUSED
You ask
what you d
be your frie
l cannot Civ
our hearts t.
or, in PLAIN
dead, and ca
He turned
, and, after a
be abruptly
How is
'"She is no
-
with falterir
May I Sc
p, Mother a
Phil's.o
- Then sum-
florine said
Paullne i
Il haven't
me city,
A few MOI
hen, glad I'd
\ lis departur,
Inc Norris
A few day
irgil reeeiv
lolunbtls, 81
Us proposinf
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
NO LONGER gITH THE TORIES.

A CHANGE IN TIE FEELING OF EDUCATED MHN
IN ENGLAND on TIE IRISH QUESTION.
Baltimore Sept II spccia).-Proicssor II. Nc"et
Martin, OF Johns Hopkins University, who has occn
spending tho summer in England dcvo'ing much 'imo
to the Irish question, has returned home. Ihe Pro-
fcssor draws these conclusions from his OBSERVATIONS
Among college mon whom mot in England over
year ago voting the Tory ticket at elections compie'e
rcvulson OF sentiment had set in This change comes
from the failure Of the Tories to effect the pachcaon
Of Ireland. Some Of them say that II Balfour cannot
effect this by the time of the dissolution OF Paramcnt
they will vote for Homo Rule and others say that they
have done forever with the Tory party. Tho Eheish
papers have been full OF the Inquest upon the death Oh
Vaudeville from creltlcs in Tullamore JAIL and thls
with the failure OF tho present dominant party ater
boastng that they would succeed in settling the irsh
question without either Coercion or Homo RUE has nau
a marked effect among those met. The minds OF inc
nn-Home Rulers seem incapable of graspng the lac,
that in this country have thrtyeigh States indis-
olubly connected with each State controlling us own
,ffairs They predict that Home Rule In Ireland Will
esult In the downfall OF the Empire
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
OCEAN STEAMSHIPS IN THE CYCLONE
TIE ANCHORIA HAD TO RUN BEFORE THE WIN

TIE ANCUORIA HAD TO RUN BEFOKE THE "lND
THE ARIZONA ALSO FELT THE STORM
Captain william Brown, of the Anchor Line steamer
Anchoria which arrived at this port yesterday from
Glasgow reported that he had encountered the cyclone
which has occasioned so many disasters to shipping
during the last two weeks. He thinks that
he was fortunate having passed through tho terrible
weather TO tho northward of the storm centre. On
Tuesday September H. the wind began to blow gale
from the East gradually increasing in force, until at
10 80 D. m. 1t blew a hurricane. Tho sea, which was
heavy throughout, continued to rise until midnight
when It rose so high that It was deemed advsa-
bic to run the vessel before tho wind. All this time
the steamer shipped heavy seas. At about
go m, Wednesday, the vessel was struck amid
ships By an enormous sea, which, the captain csti-
mated broke q volume Of from 700 10 500 tons OF
water on her decks, and stove In the forward lfeDoat
on the port side She continued 20 ship great quan-
titles of water, but fortunately without damage.
During the two days Of the storm the barometer
continued to fall with striking rapidty. but on
Wednesday, at p m, the weather moderated and the
again put her course. the wind blowing
gale from the wcst-northwes After the ship got
out Of the storms centre she felt the enccs OF thc
cyclone as far as Sable Island. Captain Brown
stated that he never experienced such heavy wcaher
in his lfe -
Captan Samuel Brooks. of the Gulon Line steamer
Arizona, which arrived yesterday from Liverpool. re-
DOrcd that he encountered the cyclone on Wedncs-
day and Thursday. The Arizona was 10 the south
wSrd of the Storm passing II at its outer limit Dur
ing twenty four hours the vessel felt the elects OF the
Storm and experienced heavy and gales Of wind,
which were variable. No damage was done
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
CANADIAN VESSELS VIOLATING THE

Lewiston, n. y, Sept II (spcciaD.-Therc is row
among the steamboat mon on the Niagara River, con-
corning tho violations of the customs laws regarding
the touching and landing of passengers at two sue
cessve American ports by Canadian steamers. The
largo Toronto line steamers 1t Is claimed, arc trying
IN crowd out the smaller boats feriyboats on the
river and in doing take passengers at closer rates
touching at Lewiston and Youngstown. The captains
OF the smaller vessels have made complaints to the
collectors of customs, but tho United safes officials
wink at these violations Of the law Several captains
have been driven of the river with their boats wthn
hc last two years by these practices The Canadian
officials promptly levy an American boat that
touches at Canadian ports twice In succession
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
pornrpr.y NOT TO CEysURE ROBINSON.

Plttsburg, sept. IL tspecial-l. NJ MOSS. secretary
of District Assembly No ., Knights OF Labor, re-
cciyed an answer from General Master Workman
powdcrly on the legality of Ecclcs Robinson's act
in entering the political field for Harrison and Morton
Mr.. Robinson was Worthy Foreman Of the district at
the time he decided take the stump in favor or Pro
lection and high wages Mr. Powdcrly says:
81 cannot see how the Ifstrict Assembly can com com
10 advocate either for pay gia'uity the claims or
the party of his choice. As IL IS, don't sec INA. c
e. dninI anyfhr,r out OF the way. Every member
Of tho order has the right TO express his opinion
on tho political s!tuation either publicly or other-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
pAso DEF. NoRTE BECOMES JuAREz.

Chicago, Sept IA dispatcn from III faso, leAas'
SAYS: Sunday was notable day in the history
of Paso del Norte, the Mexican town opposite FL
Paso Besides the celebration Of tho seventyeighih
anniversary of Mexican independence. the day was
made memorable by the unveiling Of monument
and bust Of the great patriot President Bcnto Jaurcz
who moved the seat Of government to Paso del Nore
in 1868 during Maximilians brief Emperor
of Mexico The bust presented to the NUM-
cepaty by President Diaz. Moreover, Paso del Nor'e
Is raised to the rank of city from this date, and It's
name is changed from Paso del Nortc to the CITY OF
Juarez. The city was thronged with people. LuareI
is rapidly passing from adobe village to wcilDuit
modern city,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
rnaIy STOPPED FOR 4 DUEL.

Catlettsburg, KY, sept 1.-Two men, steele ana
Mockabcc, both drunk, boarded the eas'bonnd Chcsa
peako and Ohio train at Mount Sterling yesterday
afternoon and fought all the way to stepstonc, where
the conductor put the mon of aud told them to light
1t out They drew their pistols and cxchanged hVo
shots each The fifth shot from stecles pistol passed
Though Mocka3ees brain, killing Elm instantly j.
They were cousins. After the killing Steele boarded
the train and homo, the train having waited unu
the duel
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
rvO wrsT VTRGINIA MAR4UDERS SHOT.

Catlettsburg, KY, Sept 17.-Another raid was madc
bv tho McCoys on the Hatfield settlement on Friday
and as usual the West virslnians were worsted Ihey
attempted TO arrest Richard Casey who never haa any
thing 10 do with the trouble. but were driven OIL
Nearly every man this creek (Peter TOOK his gun
and went in pursuit. The volunteers came upon 'he
West virginians at Pawpaw Mountain, where lively
kiled and Two more badly wounded None OF the
Kenticluans were hurt.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
prouorEp FOE "orTEvs1vE pARTIsAysH1P.n

Cincinnati, Sept II (speclap.-J. d. Gwin, surpcr-
Intendsnt of the Fifth Division Railway Mall Service
stationed here, has been transferred to the second
division, with headquarters in NcwYork CITY, u
succeed Superintendent Roberts lie started for that
city tonight the Office here being placed In charge
of Chief Clerk Davis. Gwin, willis here, has been IN
Intensely partisan Democrat and has succeeded In
ccnr rid OF nearly ever Republican in the division
II Is understood in railway mall circles that HIS
transfer to New-York Is that he may render Hke
efficient aid to Civil Service rcform' in the second
division.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
THE AURANIA's LATE ARRIVAL.

The Cunari steamer Aurana- which was due here yes
,asov mornInr anchored outside the bar at 32 o'clock
last evening The vessel delayed for twenty hours
at Queenstown owing TO trouble with her machinery ana
dd not leave there unt Monday evening. September TO-
instead q, Sunday afternoon advertised time Of SAL
ing. Business people the only persons fuiicrng
great Inconvenience from her delay. as she had Che
ruropean mails on board
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
uryrrBs yuRDrREp WHILE ASLEEP

Kingston, N Y, Sept. II (SpcciaD.-Thc remains OF
Charles s. Strong, who with 5. l.. Maurice VAIN, OF
Philadelphia, murdered in Wyoming Territory
arrived at the house Of his father James L. Strong
In the town Of Esopus,, this evening The young men
left home May IS last They hired cook, who
deserted camp at Hugo, and afierward followed the
hunters in search of punder The bodies OF the
young dicOvercd by party OF sockmen,
who reported that the hunters seemed to have been
murdered while asleep
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
mr. rc.Trc tn THE TYPOTHETAE

Albany, n Y, Sept. 1.-THE publishers of all rhe
leading Albany daily newspapers to-day organi Cd
branch Of the National Typothctae. William H. John
son. of The Argus and John A. sleicher. 81 " The
Evening Journal were elected delegates TO the an
nusl convention Of the National Typothetae which
r,ccfs al Now. York 10. MORROW.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
, yrrryY on BOARD A SCHOONER.

The crew Of the Horace shares lying near the
Jercsy fats refused work yesterday when ordered by
the mate william Page John Hoseman, one OF the crew.
assaulted Page defended himself with marlin sFHo
and laid Eoseman's scalp open The crew threatened 70
XIII the mate and were making preparations to carry out
their design when Captain Smith up on the police
boat Patrol and arrested Rosenan and Page Eosemans
head WAS Matched up az the Chambers Street Hospital
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
ITS wArER pRAwy FROM A FILTHY CANAL.

indianapolis, Sept II Cspccial-somo astounding
disclosures concerning the water supply Of lndanap-
oils were made in report OF an investigation SUD-
mltted to the City Council tonight by tho Board OF
Health 1t has been the cItys boast that II has tho
purest water In the country, but short time ago
some information furnished by a discharged cmpoyo
OF the water company resulted In the discovery that
instead Of tho coming from springs as has been
believed 1t Is largely obtained by means Of secret
connections from white Rvcr and canal running
through tho city. The canal Is lttle better than u
sewer and the president OF the Health Board, the
report OF his Investigation, referred to It flowing
receptacle for dead bodies, many Of which In badly
decomposcl state havo been taken from the stream
within tho last few months. Diseases that nave
prevailed with alarming results during the last year
and half are believed to have been caused mainly
By the polluted watcn
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
Aconrrrrn OF KILLING 4 ME1ICAN NTRUDER

Washington Sept. 17-Thc Nice-Consni OF thc
United States at chihuahua. Mexico reports 10 the
state Department. under date of August %, that
william Lloyd who arrested on charge OF muir
der, had been acquitted Mr.. Lloyd was al one unlo
employed In the Agricultural Department wash
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
pArA1 nAuRoAp 1CcIpEyr.

Ilcxandria, Va, Sept ia collision occurred on
the Midland road five miles south of culpcpcr, about
Q O'Clock this afternoon, between an extra north
hound freight train and No so, sonth'bound passen-
ger train Engineer John Crofon, OF this city, OF the
passenger trsin was badly injured and died -
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18

ARRESTED AT THE 4NTIPOVERTY F4Ik
The Anti Poverty Fair for raising funds for the cam
pairn Of the United Labor party opened last evening az
the Madison Square Garden. Felix McAuline was pres
ent With his orchestra. and scarcely hal the overture
been played placed under arrest for Viola
ton OF the Concert law Ire released ball soon
aster his arrest
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
THE .rcrsTA EXPOSITION POSTPONED.

Augusta. Ga. Sept 1.-THE Board of Directors OF
the Augusta National Exposition deem II advisable
for various reasons defer the opening from october
10 10 November G, and to close december 10 by
this step all difficulties will be avoided, and the way
nnrncd TO a complete success
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
SHARING PROFITS WITH THEIR EMPLOY

st. Paul, Sept. II (speciaj.-Charles Pllsbury
a. Co., Of Minneapolis, tho largest milling firm In
the world have Just finished division OF 100000
among their employees. This has been made In
pursuance OF profit shar.ngplan adopted four
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18

o'clock Fireman King and Drakemcn Galway anu
Wood, Of tho freight, and William Cardin, porter on
the Pullman car, were slightly injured No passcn-
gers were hurt. Tho engine of the passenger tram
and the mail, express and baggage cars wcro moro Ut
damaged
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
SUBSTANTIAL AID FROM VARIOUS CITIES

Boston, Sept 1.-THE Yellow Fever Refer fund
amounts to $4,000 This telegram was received to-
day by Treasurer Turner, from Acting Mayor Gerow,
OF Jacksonville
We Will draw as per your telegram OF the 10Th
Instant for 81 900. let me thank you again for tho
aid which is so acceptable.
Washington, Sept 1.-THE subscriptions In the
Treasury Department TO the Yellow Fever Fund, to
date amount to STA.
Philadelphia Sept. II (Special.-Tho Citizens Re
lief Committee met at the Mayors office tt day. In
answer the offer to send physicians and nurses to
Florida from this city, the following reply FRI Presi-
dent Mitchell, of the Board of Health OF Jacksonville
read:
We do not need any physicians, but will com
u,unicate with you as TO number of nurses wanted.
A telegram was sent to President Mitchell author
izlng him to draw at sight Drcxcl & Co. for an
additional $500. large amount OF money was
received from contributions to the fund.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
pEAcANTS SACK A RANK.

St. Petersburg, Sept 17-At the close OF the far
at Wormnesch number of peasants ptllagcd several
houses and stole $4,000 roubles from bank
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18

Hendcrsonvie and settle there to spend Their n mDns.
Instead Of that they find traInoad OF 900 penicos
people, many Of them negroes ana goa nn a" their
hands for at least two months. IL was olunuer az a.,
round and good deal Of indignation IS iei sepScias
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18

DENYING >COMPLICITT IN A DYNAMITE PLOT'
Chicago, sept. 17.-Judge Tuthiips court room
was crowded this morning The occasion was The
calling OF the cases against the alleged dynamite
conspirators John Hronck, Frank Capek, Eudoiph
Seyic and Frank Chlcboun, who arc charged with
plot to murder Judges Gary and Grinnell, Police IN
spector Bonfcld and others, who were connected
with the trial of August Spies and his comrades Inc
attorney for Hronck, in whose house box containing
bombs and dynamite found presented an ahidavit
by his client, IN which Hronck declares that he had
nothing do with the plot and that tho box was cit
at his house by a named karaiat- He asked
for n postponemcnt of the trial in order that he
might procure evidence TO prove this fact
The attorney for Scvic also presented an aiidavlt
from his client, who is gun-mahcr and dealer In
guns powder etc. He declares his Innocence OF tho
charge against him and says that the dynamite
found in his place what was left OF twenty
five pound package which he purchased OF the Aetna
Powder Company In the regular course OF business
and disposed OF in n legitimate way. lie gave tho
purposes for which the explosive was wanted In the
various sales made by him. lie also asked for
continuance in order to procure testimony The bail
of Hronek, who is still In jail, was reduced from
$4,000 to $1,000, and the hearings In the four
cases postponed TIL the October term OF court
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
counts and minutes of both the Land and National
THE AMERICAN WITNESSES.

THE AMERICAN WITNESSES
The courts declaration that the widest scope
will be given to the inquiry opens up an intermin-
able vista Of contention. The question Of the al-
pontment of q Commission to examine Egan
and others in America was only touched upon; it
will be raised definitely when the Commission re-
sumes Probably the suggestion of Mr.. Grahamc
that Egan come to London will be approved. Sir
Charles Russell stated that Mr.. Parncll deemed
Egan's evidence absolutely necessary, and in this
view " The Tines concurs. AS soon as the Com
mission resumes, both sides will apply to, the
court to grant certificate OF indemnity 70 Egan
and other Irish Americans under the ban IN order
that they may be heard as witnesses. -
NJ Parnell appeared to be in fine health His
face was sun-browncd. and he seemed bright and
alert. Mcssrs. Arthur O'Connor, Y; p OConnor
Gill Quinn, Fox and Picton, Members of Parlia-
ment. were present during the proceedings In
view of the limited space allowed the public, Mt
Grahamc suggested that larger courtroom DC
secured when the Commission met again. 10 this
Justice Hanncn replied that the press was the
best representative Of the public.
THINKS HE Is THE WHITE PACHA'
CAPT. VAN GELE RETURNS FROM THE CONGO
coUNTRY-DE BRAzzA BELIEVES STANLEY
Is SAFE.
Brussels. sept 17-Captain Van Gclc, who has Just
returned from the Congo country states In an inter-
view that no believes that he himself is the man
described as the "whitc Pacha" and who is said 10
have been seen in the BahrelGazclle district. He
says that at the beginning Of the year he had num-
Der of conflicts with the natives in the direction OF
Bahrel-Ga
Captain Van Gcle's description corresponds with
that of the "white Pacha' as given by the natives
who reported his presence In the district
Paris, Sept. I'm dc Brazza, referring to The
Stanley Expedition, says he is OF the opinion that
the natives laid the country waste and dccampcd with
their provisions on the approach Of Stanley, who was
then compelled to raid supplies, but passed through
safely Barttelot took the same route, with smaller
force and NJ dc Brazza thinks that the natives COM
PEELED the carriers to kill Barttelot who had less
influence with them than Stanley had.
DIR ZuchInctti who accompanied General Gordon
10 the Soudan and other African authorities at Cairo
are inclined 10 believe Tippo Tb guilty of trcachcry
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
crrrryG 4 JURY TO TRY IVES AND sTATyER.

GETTING JURY to Ihl ~ ES AND 81 Il ~ In
Cincinnati. Sept. II lspccial.-The entire day was
srcnt in the Criminal Court in an cndeavor TO secure
n Jury for the trial Of Ives and siayner al the hour
NJ adjournment five men were in the jury box, but
sti,I Subject 10 challenge a vcnirc OF sixty yiVe
names was issued, rcturnablc Tomorrow
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
GERMANS EXPELLED FROM

Berlin, Sept 17.-Advces from Paris state that
fifty Germans suspected OF being spies have been ex-
PEELED from France.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
HEALTH OFFICIALS TO CONSULT TO-DAY.

Nashville, Tenn, Sept. 1T.-An important confer
cncc of health officials OF Southern States Is to be held
I'm this city tomorrow, for the purpose of considering
the yellow fever situation The subject Will be cx-
haustvely discussed and means will be devised TO
lesson tho shotgun quarantnlng which has obtained
in many places. Among those who will attend the
meeting are Dr. John III. Rausch. of Springfield, ILL.,,
Secretary Of the Illinois State Board OF Health and
Chairman Epidemic and Quarantine OF the Inter
national Conference OF State Boards Of Health Dr. H.
n Frazer Secretary Of the State Board of Health OF
South Carolina; Dr. Writ Johnson, Secretary OF the
State Board Of Health OF Mississippi; Dr. jerome
Cochrano, State Health Officer of Alabama DR..
PInkney Thompson, President of the State Board OF
Health Of Kentucky. Tennessee willsbc represented
by Dr. J. d. Punkett. president. and Dr. j. Berricn
Lindsey secretary. Dr. Rausch has arrived.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18

Washington, Sept. 17.-Tho following telegram has
becn received BY tho Marine Hospital Bureau from the
Mayor Of Ashevllc, n. c.:
Tho report having reached that number OF Florida
refugees are this place. doom IL proper 10
notify you that arrangements have been made for their
accommodation and further that many oil our hotels ana
boarding will refuse to receive them should they
come either in small large crowds. In every other
av Ashevle Will aid TO tho full OF her ability
surgeon General Hamilton has tc'cgral he'd Mayor
Harkins Of AshevIlc that no refugees from Florida
Will be sent to that city.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-18
JUDGE TERRY vAINLY SEEKS RELEASE.
SEVERELY CENSURED BY JUSTICE FIELD IN
pEEIrSING TILE PETITION.

SEVERELY CENSUKED By JJSllNE' ~-'
REFUSING THE PETITION.
San Francisco Sept II GpcciaD.-Ihe sequei Oh 'no
shameful scene enacted In Justice Fields court vi
September by Sarah Althea and Judge Terry, when
tho decision was rendered against hcm in the notorious
Sharon case, occurred to-day when Terry petiuohed
the court to release him from the sentence OF SIX
months Imprisonment in the Alameda County jan
and the Justice denied the petition. Terry, In his
petition makes the astonishing statement thar ne never
attacked Marshal Franks until he himself was as
saulted that he drew a small shcath-hnife merely 10
compel the crowd to give him entrance to the room
whcro his wife had been taken, without any purpose
10 njure any one that his further acts were duo 10
anger at what he terms unnecessary violence 10 my
wife for her acts of indiscrc.ion' Justice Field. In
his decision reviews the violent scene In court, ana
compares Tcrry's assault on the United States mar
shal to firing on the American flag, an Insult and
indgnity which can neither be overlooked nor cX-
tenuatcd.s The Justice severely ccnsurcs Terry Tor
his conduct because of the high judicial position he
once held in the STATE and decides that, as there Is
no apology offered for the acts and words OF hInseu
and his wife, the petition cannot be granted