davidaulloa/AmericanStories huggingface dataset:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
QUARANTINE MODIFIED.
Certain Freight May Come Through
without Any Delay,

Austin. Texas. October 25-~NolIce Is
hereby given to railroad compnnieo ami
the public. and to State quarantine officers
and guards. that In consequence OF changed
weather conditions, New York and other
froights coming from east and north Of
l-ouisiana ana mississippi and only passing
through those States viii b. allowed 10
enter Texas; but for tho present no freight
originating or com Ing from any Infected
place VIII be allowed TO enter this State.
Lumber. rico sugar ana molasses fish and
oysters, salt, ilon and iron castings from
nonnfected places In Louisiana and Nils
sissippi Will be allowed To ester on spe-
cial permit from this office. Train crews
Wiz be required 10 be transferred as here
iofore.
No person from Louisiana or mississippi
viii be allowed TO enter Texas for the
present, w. y. Blunt. NJ. D.,
State Health officer.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
Railroad Note. and Personals.

Mr.. B. i. Wills. agent OF the Texas and
| Pacific ait Toyah is In the city.
Mr.. j. l.. Thomas of Dallas was visiting
his railroad friends here yesterday.
Colonel w. G. Van Vlenk, manager OF
| the Sunset has returned from visit to
| San Antonio.
The Houston and Texas Central brought
! 6S23 bales of cotton over ifs road TO this
city yesterday.
The question OF the confirmation of the
! sale OF the La Porte will come up at Gal
weston tomorrow.
Mr.. W. s. Keenan, general passenger
agent of the Santa Fe, was here from Gal
weston yesterday
The Southern Pacific train, due TO arrive
here from San Anborio at lo;15 last night,
WAS one hour and forty-fiye minutes late.
Mr.. T. C. Radey, division superilteni-
emit of the International was here from
Palestine yesterday. and left for home last
night.
The railroads carried over 100000 pas
| senpers into Dallas during the receat fair.
| IL paws to give celebration that attracts
! the people.
new rsiroad from Gainesville to De-
| catur Wise county. Texas. IL proposed
and the preliminary survey has Just been
completed.
Colonel John Horribly president aud gem
| eral manager OF the Fort Worth and RIO
| Grande. headquarters at Fort Worth. is
visiting Houston.
| Mr.. George l.. Noble. assistant superin-
| tendant OF the International at Palestine.
| left for North Texas las' night AFTER spend
| ing several days at Houston ~
| Mr.. John p. Mann. paymaster or the
| Houetou and Texas Central at Ennis, who
4 the n1 Jew 1ays
| left last night for North Texas,
Mr. p A. German, assistant superin-
| ,<nden. Of the Houston and Texas Central
~ waco who has been visiting The city
for several days past. left for hon,a last
right,
The Houston and Texas Central an
.ounces cheap rates 10 Houston from
! - nfnsm. Fairbanks and Intermediate
,o,nts On account of Ringing Bros, cir
en-, which performs here on tue iitn Of
| November.
For the Texas and Waco Pigeon and Pet
Stock association exposition TO De heia az
Wsco November 10 ~, inclusive, the
uonston and Texas Central railroad Wild
Ell tickets at reduced rates on the 9th and
10th proyimo
Fur the srnual convention Of the United
| r,augbters NJ tie Confectionery. commanding
NJ Hot Springs, Ark, November g. the
Houston and Texas Central viii make a
| rate Of ore fare for the double ouiEisy
Ttckers viii be on sale I'm, Sun ana sth'
good for return up TO November ~
MIR. G. II. Vanzlldr, conductor on tbs
Aransas Pass road, who was hurt by TALL
~ from a freight car at Floresville about
TOUR months since. has sufficiently rscoy-
| ared IN go to work again and has been
.,vs, mo run on the new passenger trait
=, ,he L.ockhart division OF the san An
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
DRAWS A TRUMP CAnD.
The ChOctaw and Gulf Acquires the
Key 10 Immense Territory

l.it,le Rock. Ark, October 25'~fhe Lit
tie Rock and Memphis railway was aoid
today under decree OF foreclosure OF the
United States court for $4,000 A com
mdttee Of the bonaholiers Of which O. p
olcott OF New York is chairman, were ihe
purchasers. certified check for S2S'Vop
was deposited by the purchasers as EVIL
dence Of good faith The road viii no"
fail into the hands OF the chcctaw, OKLA
homa and Gulf Railway company and ex-
tend from Littie Rock to wiister JnneO'oh'
I. r. =.
The entire purchase price amonnst 70 ~. /,
go 313 without interest on the mortgaged
ind.bs n-taegs from the date of The decree
OF foreclosure. November 20. 1888, but only
1926, 600 IN cash wiz be pad. the bonds
being pfsssnted for the residue.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
BECAUSE THE HOUSEWIFE DIDN'T USE
SAPOLIO

ard Is on his way 70 Portland. Ore. The
captain, while, chatting with friends here
Yesterday, reported that the steamship El
Dorado had Discharged. loaded and cleared
az the port of Sabre Pass sn twenty four
Working hours. AMI frankly stated thai the
tscuitiss for shipping at thai point we're
superior even 20 Atgiers. He also said the
N, Monte steamship would have finished
daehalging her oNgo lass Eight, would he
loaded today and that she would sail by
tomorrow Thursday morning This Is
certainly expeditions work and can hardly
he exccllcd at any other port in the United
States.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
Tn. La Porte Road.

Mr.. l.. J.. Smith. the receat purchaser OF
the La Porte railroad, Ias returned from
his Northern visit AMI spent last night in
Houston. He was seen at the Lswior hotel
yesterday evening by representative OF
The Post buk politely declined making any
statement for publication peGiing the con-
fifmation of the late sale. which matter
will be decided in Galveston tomorrow.
MIR Smith appears TO be In the best pos
sible humor w4b himself AMI all the world.
and II one can Judge by appearance he Is
certainly we'll pleased not only with his
purchase of the La Porte but also with
the result Of his Northern trip.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
Denison and Northern Appraised.
Especial Dispatch 20 Tho Post,

Ardmorc. !. r., october 25,-The com.
mlsslonera appointed by United States
Judge Hosea Townsend to appraise the
property OF tho unfinished Denison and
Noriheta railroad have completed their
abors and today filed tfheir report with the
United States clerk. They value the I'M
proyements covering the twenty eight miles
from Dougherty east at 1895 and the
present cash value OF improvements on
first six maes y considered separately,
az sl5.0U. special session of the dis
trict court will be held Saturday to confirm
rho report and set date for sale OF said
road and improvements 10 satisfy the cred
iforH
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
THE HUTCHINs
HOUSE,.
D. @. WARD.
Proprietor.
Rates: $500 and
$3.50 per day.

M, H. McAfee. Dallas; f. Lamb, St Louis
T. ., -; Arnold, 3. @. Ward, city; Guy Me-
Earsshiin, Jacksonville, Fla; S. J. Hendrlck,
~ nanetson; W. o. Brown, Waco; l.. A. Whit
Is =, paiiss: II. ID. Weaver and wife. Lufkn
Ss,s ~, Lewis and wife, Shepherd; J. Warren
s .,.s and wife. Conroe: ] A. Maness, Thorn
Rps orr' " II. Wilson, Fort Wayne, Ind; c. l.
NJ nton, Llano; r.. p. Menard, New York;
,n, o. POLLOCK. Dallas; W. b. Bryan, Louis
hi stanley Watson, Rosedae Nurseries, }.
IN, hachman, San Antonio; W. c. Barnes.
r,.ora; G, W. Mcintyre. NJ. X. and r.;
Eugene s Ellis, Portland; S. W. Mccall, Texas
c,, ~: Holmes Texas; Harry Alexander, La
n lSva Cole Topping. Burlington. Iowa: John
|RRa,oert Tyler; A. M1sener, Holland; II. C.
'0one' fulshear; S. d. McJunkp. Fulshear.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
The Qunrnntinc situutiou.

The continuous cold westher, and the
fact that the yellow fever REPORTS from all
affected points SHOW a steady dscrease OF
the disease give rise to the expectations
that tho Texas quarantine Will oe raised
witbin the next few days-perhans Within
the next few hours, Now that the danger
has passed, It may be stated 20 the credit
of Health Officer Blunt that ffs wise pre-
cautions have accomplished the best pcs
sble results with the least inJsry to bust
ness, and there are no fears that he Will
hesitate to declare the embargo entirely OFF
without needless delay.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
Southwestern Traffic Association.

Al the rhiiroans IN Iehhs are directly or
otherwise affiliated with this association,
aud the charge OF rate cutting filed by
Chairman Campbell against tho Baltimore
and Ohio would have ELECTED the most IN
tense interest were II not that the decision
OF the United States supreme court, REM
dcred on Tuesday. win probably bar the
Investigation The association hes no legal
standing now. and violation Of it's rules
will not ordinarily Justify the enforcement
OF a penalty. The international fine ls now
as dead as Hector.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
DECORATE YOUR WHEEL.
Prizes offered for the Hest Decorated
wheels for H.. Il. and V. PnrnAe.


wheels for H., y. and v. Parade.
The bicycle parade committee met yes
terday at the parlors OF the Lords Cycle
club and arranged the preliminary details.
which win enable the work TO proceed.
The following ~ list OF leading PRIZES
decided upon
For the best float Of three or more BIZ
cycles. cash $40.
For the second best float OF three or
more bicycles, cash $40.
For the best tandem. two handsome gold
medals.
For the best Iady's sagle wheel. hand
come iady's watch.
For ihe best gentiemsn's single wheel
cash $40.
Fsr The second best lady's single wheel
Handsome gold medal.
For the second best sentlenan's single
| ~beeJ a handsome gold Insial
For the best comic lwheel. handsorus
gcgd msfal.
For Tho best wheel rid1en ~ boy IN
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
COMPRESS RATES REHEARING.
'rHEN WILL ARGUE THAT EIGHT
CENTS WILL ruin THEN.
VIII Depend on the Railroad Iujuuc-
lion Suit 10 Help Them ont ~ tac
Commission stands Pat.

Austin Texas. October 25,--Goorge g.
Pendle,on CT Bolton. Gus Mckenzie OF
GAINESVILLE. T.. \, sterling OF Temple, W.
d, Lacy of Waco. Scott Field of calvert,
T. n. Jones of Tyler, ]. Il Tucker OF Tay-
lor and others. representing the Interior
Compress association. met here tonight fol
nut TN 10 the railroad commission IN sup
port Of the application for the abandonment
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26

Colonel J. N. Simpson, third vice presi-
cant OF tins Missouri. Kansas and Texas
railroad and ore OF tho leading bankers OF
Dallas spent yesterday in Houston ana
was accompanied by his friend Mr. W II.
Lee pres dent OF the Merchants ana La
ele5e NationsG bank of ST. Louis. Both
sau,lemen left last night for San Antonio
whence they tako the Arangss Pass train
this afternoon for Rockpow, where they
viii Join Hon. u. r. n. Green 10 the ex'
citing enjoyment OF tarpon fishing
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26

Central railway. Detroit, was the chair
man. and L. G. Frltch. division engineer OF
tne baltimore and Ohio Southwestern rail-
way Washington. Ind. was chosen sscre,
ary. The next meeting Of the association
VIII be held al buffalo early Ia March. lSss.
at which time the association will he for
msliy inaugura,ed as A permanent crgani-
ration. An railway officials interested in
maintenance of way matters are invited TO
attend the meeting or to communicate their
views as to the character OF such an or
ganization
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26

yers in charge Of the matter have de-
cided that Judge Meek will not do
because he is too much like a Texas
district Judge" Judge Bryant does not
suit them because ne holds that appn-
cations OF this kind should be made
10 the judge OF the district in which
the case must come up. Maxey. who
according to Judge Bryant's views. is
the proper man to apply to- is also
obnoxious from a railroad standpoint
because he is not much on injunetions.
anyhow. This leaves Mccormick for
the railroad lawyers to turn to. and
he Is the one TO whom they will PROB
ably appeal.
Here again they are In danger OF
ception from the one desired. however.
Mccormick enjoined the commission
once and the supreme court Of the
United States sat down upon him and
he is man who knows when he has
enough when the McFaddens applied
to him for an order to restrain tho
commission from enforcing its COM
press regulations he declined TO issue
II, and. adapting Bryant's views, re-
ferred them to Maxey. True. he grant
ed the application OF the express COM
panies for an order temporarily en-
joining the enforcement of the commits
sions express tariff, but afterwards
expressed surprise that an application
fer dismissal of the order was not
made. explaining that he had granted
II simply because he saw that tenn
rorary suspension of the commissions
authority in this case would not affect
existing conditions. as the tariff was
an experiment and had never been in
effect FN,rther1ore the showing
made by the express companies In sup
port of their application was a much
better one than the railroads will be
able to make. At most. If applied to
by the railroads. Mccormick may set
date for hearing of their applica-
ton, but it is pretty safe to predict
lUal ne Will MOI grant an lHIuhNtiuh
on the ex-parte statement OF the pc
titioners.
II is believed In some quarters that
the railroads do not expect to ultimate
" succeed In permanently enjoining
the new tariff, their real purpose be-
ing served if they can secure tenn
porary suspension thereof. as a delay
in its enforcement will enable them TO
move the major portion of this sea-
sons crop at the old rates. However
this may be, the commission is pre-
pared for them, and IL the ball does
open up it will bring out facts which
wilt call for the attention of the Fed
eral grand juries and place number
of traffic men in dangerous positions.
The commission is getting ready for
the fight OF its life. and when It is over
those people who have been saying that
it is both useless and powerless viii
be sorry they spoke.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26

Strictly frs. class.
9 Herbert Brown, Saturday Review: II. w.
luoDen; Galveston; +. Corvely '1492' Co.;
A., c. Hayner. Chicago: c. r. Griffin, Corri-
gan, j. T. Herman and wife. Texas: j. f.
y, wilson, ST. Louis; V. F. Schiller, New York q;
s. Cooke, St Louis; Ludwig Lasker, A .
eo,kiin. New York; A, 7. Horrell Louis
iss. W. II. Lee, st. Louis; r. I. joggll,
iErenbam r. W. Scott, city; G. A. Quentell,
new York: Mrs Adde Clarke Olive Smiler
hary Corson Clarke aud wife: Charles Char
tef5 ana wife. What Happened to Jones" Co. |;
Il D. Marshall Philadelphia T. - williams,
qW Hugh 5. Bacon, Giddings: G. NJ Hen
rClson and wife, Cotulla. $. j. Tenant. New
orleans; j T: Hampton, Il. Gibson, New
ooIk; W. F. Lewis. st. Louis: ]. Lane. La
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
The JOINT TRAFFIC DECISION.
SOUTHWESTERN BUREAU MAY BID
ATTACKED AS A RESULT.
co,tenacd That 1t Is in violation of
the Law, Even Though IL Doe"
Not Control Rates.

The decision of the supreme court oil 'ne
United States published To-Day aeciar 'i'',
the joint Traffic association an iileea'
combination, excited considerable interest,"
here because of its probable effect upon
the Southwestern bureau, over "h"n
Chairman Campbell presades' ms Du'e@'
was organized immediately after the oe'
cislon In the Transmissouri cases was
rendered. causing a dissolution oil Inc
Southwestern Traffic assoc atl0a
An the lines concerned In the iatter ~
concerned now, but it is Claimed thSt s".4
b,yreau does not undertake TO make "
maintain rates. but simply keeps ,ns
Southwestern tines advised OF what ralel
each is carrying. The Texas ranIoau
comm ,ssion holds the bureau N the sAin'
light mat 1t did it's immediate pre1ecesso,,
however, and refuses 10 recognize us "s"''
ity. 49,. 4, v;sw n
tina decision announced today, an attasf
will be made on the bureau N the coul.
on the ground that, although II o.sc i.,..I
any control over rates, boycotts are lhstl
tuied nv the lines included therein asalns
those who refuse TO abide by the tarlii
of the existence OF which 1t gives NOTICE
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
II IL is 20 II 10 II

Rates made shall apply as maNima boz
tween I'll paso aud intermediate points
west of common point territory Without
affecting existing class rates which are
lower. All commo1Hy TARIFFS which pro-
vide that the rates from or TO points In All
ferentisa ,cr,jtory shall be- made by en-
Iloying class differcneias, viii be affected
by such change, II adopted.
All persons interc.iei In the matter ON
hraced in this notice are requested 10 pre-
sent 20 the commission their views in re-
gard to same on or before tho day of the
hearing.
Attest
John IT, Reagan, Chairman;
Allison Mnyfleld
Commissioner.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
AS VIEWED IN HOUSTON.

The Houston railroad officials view with
composure the important decision OF the
United States supreme court declaring the
Western Traffic association an unlawful
combination. They state that something
must be done to create md preserve a
un form tariff rate that the very existence
OF commerce depends upon 1t; and profess
90 think that the railroads have no more
interest in the result OF the decision. and
that II will effect them less than the mer-
camille public.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
halfway Ensiu-er.' Association.

An important meeting OF railway engi-
neers has just been held In Chicago for the
purpose Of organizing an association to be
called the American Railway Engineering
and Maintenance OF Way association. Mr.
A. Tansey. chief ensiaeer Of the Michigan
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
PROSPECTIVE INJUNCTION SUIT
Railroads Are in a Quandary Over Several
Questions Regarding It,
ne Commission Intends to Make the Fight of Its
Life and 1t Is Said the Result May Be That the
reoeral Grand Jury Will Be Given
Several Cases to Inquire Into

Austin, Texas. October 25.--Much in
terest attaches to the rehearing grant
cd by the railroad commission for to-
morrow on that portion of its new cot
ton tariff which provides that tho
maximum amount the railroads may
pay out OF the freight rate for the COM
pressage Of cotton shall be cents per
100 pounds instead OF 10 cents. as I'M.
der the tariff now in effect AS IL Is
generally understood that said rehear.
ing will be followed. on the part of the
railroads, by an application for an in
junction TO prevent the enforcement
OF the new tariff In its entirety Such
an application will be made no mat
ter what the outcome OF the rehearing
may be. the result thereof being await
ed simply because of the relation the
compress charge bears 10 the freight
rate aud because OF the necessity OF
knowing what said charge is going TO
be fixed at in preparing data with
which to go before the courts in sup
port OF the contention that the rail-
roads are unable to stand any further
reduction of revenue. IL the commits
sion refuses to return TO its old rule
which practically gives the maximum
compress charge at 10 cents, the re-
duction effected in the new tariff
amounts to but cents per 100 pounds,
withdraw the new rule providing that
the railroads shall not pay more than
s cents for compressage, the reduction
in the cotton rate will amount TO
cents per 100 pounds. From this it will
be understood why the railroads are
awaiting the result OF the rehearing
before appealing TO the courts.
In so far AS this new regulation with
regard to the compress charge is con-
cerned. the commission has during
the past week been bombarded with
documents from the interior presses
giving various and sundry reasons for
the abandonment OF the proposed
Scent rule. Among said documents Is
a petition signed by employees of
Dallas press. who allege that if the
railroads are restrained from paying
more than cents for compressage the
revenues OF the congresses Will be 80
impaired as to necessitate sericns.c cut
in wages. The representative of the
press from which this petition comes
recently stated openly before the COM
mission that he did not solicit business
as he had about enough TO do TO handle
the cotton bought by the proprietors
of said press. and. further, that II
would suit him exactly should the
commission abrogate it's compress reg
ulations altogether.
AS to the application for an injunc-
tion to restrain the commission from
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
GENERAL NOTICE.
Tel Paso aud Common Point Tcrrftor,
Rates 10 he Changed.

Austin, Texas, October 2s.--lt is ordered
that notice be- ANA the same s hereby
given to all persons irtefee,ed that tho
railroad commission of Texas will, on Sat
urdaN November 6, 1905, ct ATS office In
Austin take mp and consider the matter
OF a proposition to amend general tariff
Of class IN section 3. OF said tariff, as IS
tablstsd by circular No a0S, dated AhArch
%, 1897. 10 read as follows
Rates between III Pneo end points in
common point territory shah be made by
employing thu following diftcrcgtial rnt,s;
2 A u O u Il
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
mo Grnnde western DIrcc,or..

Salt Lake city. Utah, October 25.-At tho
annual meeting OF the stockholders of the
Rio Grande Western railroad In this city
the following directors were unanimously
elected william ]. Palmer. Foster Pea
body. David C. Dodge. Charles ]. Canda,
n. a. Barghodt Schfesinger. James g. Par
rish. Edwin Packard. Spencer TTask and
George Barclay Moffst.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
Died of His Hurts.

Ampasas. Texas October 25.-Christie
Ainner, who was thrown from his horse
Nv Thursday while attempting to rope a
e,, died about $3.50 this evening without
esaining consciousness.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26

Captain Malk Moss, who for more than
twenty yozrs has been In charge OF the
Morgan Steamship dine, spent yesterday
IN the city. lie came from Sabine Pass.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26
VIEWS AT GALVESTON,

Galveston, Texas, octsber 2o.--rhe aee'-
sion of the supreme court in the celebrated
Joint Traffic association case was Inc 'a'o'
topic of discussion amoag railroad men
hero toby.
Colonel L. ]. Polk, general manager "
the Santa Fe, is inclined TO the oci!ei tna'
Inc Southwestern associations, botn pasSeh-
ger and freight. will not come within tne
scope of the decision. The Soutn" ives ,eiI
freight bureau, especially. was teoreaniI y =
since the supreme courts decision IN w.
TrgDsnl issorri case and doubtless WIN
view OF avoiding the features there CON
remned- nm
The Lone Star steamship people are W.
ders,ood to hall the decision with aells,n 81
claiming that now 1t Will be ilnpos. ",
for such combinations ~ ftoze IL o"' "a
business early In the year.
A Post reporter asked Federo, JUS
BRYANT tonight " rhe decision woufa ein,
brace the Southwestern freight bureau, pu.
he pleaded at5st he hal not feaa y car.
fully and declined. for that ressen' :" va
press an opinion
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26

0IHER'S FRIEND, the good and
ng-tried external liniment, Will reiieve
early distress and the later pans pet
man anything else in the world. its
ood effects are most marked not only
e.ore childbirth, but during the ordea
sen and afterward Distress is over
ne by it-pains lessened--labor snort
aeu-snd subsequent dangers avoided.
saad b. Dsussisb Sos 81 bstt'e.
- sW ~ ulustsstsA bssh = ~ sssSeee
1kApyuuD RIeuLA7oR 60. Atlanta -
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-26

AS to the application for an in1unc-
tion to restrain the commission from
enforcing the tariff as whole mucn
CURIOSITY Is manifested with regard TO
the Judge to whom it Will probably be
made. 1t has been told by one who Is
in a position to know that the law