davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-07-11

Miss Bertha Brown of the journal
news room. is taking her annual Naca-
ton.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-07-11

Ihe Bicycle Club made run 10
Bath. Sunday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-07-11

4. b. Clifford of Sidney, was among
Saturdays visitors in the city.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-07-11
AUGUSTA LOCALS.

w. II. Dunton passed Sunday at
Newport.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-07-11
Bon
A -
Ami
THE MODERN CLEANER
SAVES MoPs. Slope AND Muss.
All Groccrs
FROM GUANTANAMO.
A Letter from Marine Who is Located il
that Town.

The following letter received, Saturday,
by Miss Mamie Marshall of winthrop
street, from her brother who is a marine
on the Panther, and who participated in
the fight at Guantanamo. will be of in
terest to readers:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-07-11

The most reliable pattern in the world.
We have recently taken the agency
for this city and will keep a good as
sortment Of late styles on hand.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-07-11

A suggestion from us. Nine Ores.
Patterns, French Novelties, worth ST.
and $500 per yd. At the price it will
pay anyone to buy for future use
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

Yesterday, inclerIz RobertsoHs once,
the following transfers Of real estate
were recorded:
Deed, made Juiy 20, 1898; by ]. c. De-
vine to R. NJ GlHeland; consideration,
$1,000: transfers the beach and bank OF
the Ohio river at the Middle ferry land
Deed, made July IS, 1893; by c. E.
Morgan and others TO J. C. Devine;
transfers the property described above.
Deed, made July Il, 1898; by the Stone
Church Cemetery Association, to Ed
ward n. Welling; consideration $5gi
transfers lot 255 in the Stone church
cemetery. .,- -.
Bear Creek Hydraulic Mining Company
was recorded. The company Is incorpo-
rated under the laws Of West virginia:
with a capital stock OF l,5OO.OOO, OF
which $4,000 is paid up. The incorp9-
rlsors, residents Of Pittsburgh and Vi
clnlty, are as follows: Z; y; BaTnsdall'
wNJ. Burke, T. N. Marshails admins
traitor. ]. F, Steel, ]. c. Miller, A.
Dem0s,pr. n. E. Graham c. p. Mccall
ferty. Samuel Dempster, S. A. d. Morri-
Ron and ]. v. Sloan a power OF attor-
ney from the company to John a. How"
ard was also recorded.
A bill OF sole by which g. W. Weisher
transfers household goods TO ]. NJ. Pc
terInan, In consideration OF $3.50, was re-
corded and another, by which J. ii. Pc
terman transfers the same goods to Jo-
hanna Weisher.
one deed OF trust was recorded.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02
ACKNOWLEDGMENT
once, Nos. IS and 81 Fourteenth Street.
rs Day-MoEart Park.

Butchers Day-MoEart Park.
3i.5O-Nay BrOthers-Eighth Page.
White Coats-McFadden's -Second Page;
Wanted-Trustworthy Persons to Travel
stocEhoiders. Meeting ohlo Valley Busl-
ness and English Academy.
For Rent-The Ware-Room NO. lblV main
August Lynch VIII learn Something.
Assessment Notlce-Board OF EqualiEa'
ton and Appeals.
Assessment Notlce-Board Of Edualiza-
Rennet-kibert stolze & Co.
A Savings Account-Mutual Savings
Fresh Saratoga chIps-H. F. BehrenS Co.
Wheeling, SistersVillo and hatamoras
Trude-Steamer EloIse.
I.Ook-R- II. LAST
JuSt In season-Geo. W. Johnson's Sons.
JeWett's RefrigeratOrs-Nesbitt d Bro.
Summer School-Wheellng Business Col
-
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02
gnEg. 60 8 IaollAs.
STONE & THOMAS.
q. J. : SILKS TO-DAY.

OR determination never to carry goods from one season
tosnotr the reason for this great saerihe 2: S;
e offer your choice Of 100 elegant sles e; sh Fsncy
Cbinas. Back Brocaded Silks Among them Na W.. Oe
found qualities that sold up to 500 Choice Mon
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

Sam oleson, jr., a ten-year-old boy
living In North Benwood, was shocked
by the electricity in a street car wire at
Forty-seventh street Sunday afternoon:
The wire had fallen TO the ground, and
he caught hold Of 1t. His screams at
traCted the aid Of a woman, who wrap
ped him In n rug and then released him.
Hts hands and portions OF his body were
burned, and medlFal aid was necessary
to relieve his suf'erings.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02
Ir,nr.d ,JpmDIDr a Train.

"Baz" Mcconnaughey, of North
wheeling. attempted to jump on an
Ohio River train near Gllieiand's glue
fautory, North Benwood, yesterday at
noon, but he missed connections, and
was thrown to the ground. His knee
cap was injured, and he received cuts
in the head, but he escaped serious inJu-
ry. He was able to ride home on the
street cars -
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

The butchers picnic will be held at
Mozart Park on Thursday afternoon,
ard the Indications that It viii be one
OF the mos. successful outings the
butcherS association has ever given,
The butchers feel that they have made
no mistake in selecting Mozart Park as
the place for the outing. The hill-top
resort has many attractions, which with
the special programme OF sports and
contests TO be pulled on by the butchers
will combine to make up most enjOya-
bic day for all who partake Of the hos
pltallty OF the butchers.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

me me deed Of trust was recorded.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02
THE COUNTY BOARD
OF Commissioners Holds its Reg
ular Meeting and
ROUTINE BUSINESS

APPLICATION FOR A SALOON Ii
cENsB on THE COUNTY LINE
NEAR DALLAS REFusED-c con-
TRACTS FOR MAcADAMZINe
ON THE NATIONAL PIKE
AWARDED : ORDINANCE Es-
TAR11sHRG THE NEW DIS
rRIcr LINES PASSED By THE
BOARD.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02
ATLANTIC CITY AND RETURN sl0
4, Ponp,vIynnIo line, Anvu,t : nnd I

via fennaylNhhih H'"eA "WE"H M" va
The only line runplng sleeping cars
through TO Atlantlc City from Wheel
Ing. Five hours quickest time. Sleep
ing cars leave Wheeling at 1886 n m,
city time, arrive In Atlantic City nj G;5O
the following morning For sleeping car
space and further information. apply to
]. Battle, ticket agent, or j. @. TOnhln-
son, passenger and ticket agent
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

Yesterday in the circuit court, Judge
Heryey. In the matter of the petition of
Irene j. Reilly. relative to the sale Of
the Interest Of her wards In certain TIM
Der in Wetzel county, an order CONFIRM
ing the sale by the guardian was en-
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

The board OF county commissioners
met yesterday in regular monthly sess-
ion, With President McGregor in the
chair. and all but one Of the ten menu
bers present
The following contracts were let for
merchandising the National pike:
First and second mIles-E. D. Niek-
ersOn. at 81 Is per yard.
Third mlle-J. ". Robinson & Son, Of
81 "a per yard
sixth mIle-Ed. Kigsr. At IS cents per
seventh mlie-w. wickham and J. L
Nenhardt. at 60 cents per yard.
Eighth mile-w. Wlckham and J. l.
Neuhardt, at Is cents per yard.
Ninth INLET. B. Smith. at 81 10 Per
Tenth mIle-G. BrandIIe, at % cents
Eleventh mlIe-Ed. Springer, at 81 Os
Twelfth mils-Ed. Springer. at 81 II
per yard.
81 10 per yard.
Fourteenth and Fifteenth miles-F. =.
Hanna, at 81 30 per yard.
The following bills were audited and
ordered paid:
Court house and y y
Finance committee. ................. 6,9Sy - y
Poor house and farnl..............''' 80 ~ ~
Contingent poor fund........''''.'''' e e y y
Roads and bridges. Lay v
County orders were returned BY sher--
III Richards. aggregating $SS'125 ~ ana
he was credited with that amount.
The superintendent OF the county In
urinary reported for July as follows:
White males, 80; white females. rs;
colored males, i; colored females, 3; TO-
tai number Of inmates, 50.
The application OF George Sulzer TOT
license to conduct saloon ~ tue
southeast corner OF Ohio county neaE
Dallas. Marshall county. was presented
again. A petition from residents OF the
locality was read, in which they oppos-
ed the granting OF the license. The
board rejected the application.
40 ordinance transferring 500 from
the contingent poor fund to the Glenn
Run and Cherry Hill road fund, was
passed. There wns a slip recently on
this road and repairs are made neces-
For years past the toll taker at cald-
wells run has collected toll not only for
the road IN Ohio county, but for the
road in Marshall county to Sherrard'
and settlements were made with the
Marshall county authorities. A reRolu-
tlon was introduced, providing that IN
the future toll shall be collected only
for the Ohio county road. The resoln.
ton passed, and Marshall county VIII
take care OF herself" as a member OF
the board put II.
An ordinance establishing the new
district lines was passed. 1t provides
for sixtV voting precincts; formerly there
were fifty-dve. The clerk was instruct
ed TO secure booths, poll books and
other election material for the new pre-
clncts. The county engineer was In
Structed to prepare platS OF the new
district lines for use In the clerks OF
flce. and also to prepare district maps
which will be placed In the hands OF
election officers,
Notice was served on the board OF a
suit entered against Il by ex-Justice OF
the Peace r. II. Gilespy. The prose-
cutting attorney was instructed to look
after the county's interests.
Messrs. CoWden and GRrvin were re-
lIeVed from the bond OF Constable Mat
thew Bennett, and the latter was in.
structed 70 secure new bondsmen:
At 5 o'clock the board adjourned.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02
an-nnn

We have fitted more than twenty thou
Hnnd pairI o. spselAelSS, giving us = rec
ord and experience uneqnnliod By any
ether optieIan In West Virginia. satiStA1'
JACOB ". GRUB, oPtIeian,
No. 1900 Market Street.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02
RUN ON PANTS.


5000, reduced nom $500.
$500, reduced frOm $500.
MndS 10 order Oh shOEt notice. Thee
elegant Wool TrouIeringl are great bar:
: mus" G, HESS 3 SONS,
FaIhioua BILE TnilOFJ and FurniShorBJ 1891
and 1893 Market street.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

Excursion to PitiSb HTE, sanday, Aug. Z.
Rate OI.SO From wheeling.
Train leaves Pan Handle depot 7:i5 a.
m, city time. Returning, leaves Pitts
burEh 10 p. m., city time.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

"osTEoPATHY'' Is a deadly enemy
OF Hay Fever and Asthma. Rooms Is
and 10, Exchange Bank.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

HIGTH Jumping. Pole vaulting. Put.
ting the shot, rte, ut Turner'S picnic,
Fair Grounds, Thursday, August 4.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-02

BASKET BALL contest between
steubenvllle and Wheeling Turner's at
Turner's picnic, Thursday. August 1.
The daily morning journal and courier., 1898-08-11
BIENNIAL GATHERING.
State Sunday School Convention in This City

State Sunday School Convention in This
 City.
 The state biennial Sunday school con vention will be held in New Haven on the Sth, 9th and 10th of November of the present year, and is expected to be of more than usual interest. The meet ings will be held in Calvary Baptist church, which is admirably adapted for large conventions. A general commit tee has been appointed and is at work upon necessary plans to secure the en- tertainment and comfort of delegates. Professor Percy S. Foster of Washing ton, D. C., will have entire charge of the music, which will be an important feature of the convention.
 Among the speakers expected are the Hon. B. r. Jacobs of Chicago, Rev. Jesse l.. Hurlbut, D, D., New York: Hon. Byron B. Johnson, ex-mayor of Waltham, Mass; George F. Pearse ot the Bible Normal college, Springfield, Mass, and others.
 Many of our own Sunday school workers will have a prominent part i'll the convention programme. Everything will be done to make the convention a success, and it should be especially helpful to all local Sunday school inter- ests.
 Further notices will appear from time to time, and a full list of speakers and subjects given as soon as completed.
 George $. Deming,
 Field Secretary.
The daily morning journal and courier., 1898-08-11
SAVIN ROCK.

The Great Brocken Scene for Tonight. The people who did not see the post ponement notices in the afternoon pa pers went to Savin Rock last night to see the great spectacular production of the Brocken scene from Goethe's | Faust" They were disappointed, and | it is safe to say that none of them was as blue as Manager Fisher, who, if the elements had not frustrated his plans, would have delighted them with the very best dramatic and pyrotechnic combination ever seen at the shore. Of course there was no ground on which to find fault with either Man ager Fisher or the Winchester Railroad company.
 The Brocken scene, as can be readily anticipated by the readers of this pa- per, is an elaborate construction. Add ed to the best of scenic effects are the I countless trains of delicate fireworks
 on which the specialists employed by
 the company have been laboring for
 weeks. The slightest dash of rain
 would, in less than an hour, ruin all the labor and ingenuity put into the
 work, so no one will deny the state
 ment that, when during the night, the
 watchers of the work saw the threat
 ening clouds, they took up a great hus-
 tie. Set pieces and effects, all in place,
 were taken down as rapidly as possible
 and stored away, wrapped in blankets
 and tarpaulin so that not a drop of
 moisture could get at them. The work
 was speedily and successfully done, and
 all is in fine shape for tonight. The
 weather man says it will be fine to-
 night. If so, it is safe to say, that all
 who go to Savin Rock will see the
 seething cauldron with it's witches and the satanic Mephisto leading Faust to destruction on the promise that he will meet his fair Marguerite
The daily morning journal and courier., 1898-08-11

inside guard, l., P, Zent of Buffalo; out side guard, George Y. Kellogg of Hart ford; trustees for one year, Ira w. Still man of Danbury, R, T. Millimann of Brooklyn and Morris O'Brien of Meri- den. This association will meet in New York city on the first Tuesday in Au- gust, 1S99
 The western association officers are: President, Nicholas Low of Burlington, Ia,; first vice president, Axel Mayer of Omaha; second vice president, John Korn of Wheeling, w. Va; secretary, Frank Snouffel of Cedar Rapids, Ia; treasurer, John H. Sohofeld of St. Lou is trustees for one year, w. H. Hazard of Seattle. Wash, w. J. Weber of St. Louis and Albert Mann of Dubuque, Ia.
 The next meeting of this association will be held in St. Louis at the same time of that of the eastern associa- tion.
 John M. Schofield of St. Louis was reelected national organizer.
 The Retail Butchers Review, publish ed in New York, and the Butchers and Packers Magazine, published in St. Louis, were adopted as the official or gans of both associations.
 At the meeting to be held this morn ing few matters of little importance will be acted upon. This afternoon the delegates and few invited friends will be driven about the city in carriages. They will visit, among other places, East Rock and the Yale college build ings. At o'clock they will go to Light house Point on the trolley cars, where a clambake will be enjoyed.
 The delegates present are as follows:
 Connecticut-Charles E. Hart, c. w. Barnes E. S. Adams, Maurice O'Brien, Joseph Stoehr, George F. Kellogg.
 New York-Robert T. Millemann, Louis F. Zent, F. J. Blaesi, D. J. Haley, J. H. Zier, Charles Young, E. F. O'Neil, James Moore, George H. Schof- fer, w. H. McQuellan, E. F. Hopton, P. c. Jennings, Dewitt Clinton Fred erick, David Becker, F. w. Breek.
 Missouri-John H. Schofield, David w. Eastman, Walter Black, David Ja- cobs.
 Iowa-Frank snouffel. David Easton, James Healey. Maine-John Roberts Charles Fine field, Arthur Orr, Henry Thomas. Ohio-James Weiss, Mark Hill, Thomas Wilson, Jacob Himel, Horace White.
 Wisconsin-Howard Graves, Conrad Besold, Joseph Herrick. Illinois-John J. Bruestle, H. Jacobs, Samuel Cohn, Emory Horley. Nebraska-John Solden, Henry Mee- nan, Thomas Woolley. Californa-Simon Maier, Jacob Sims, Elmer Deutschner.
 Washington-J. B. Sylvester. H. W. Hazard.
 Montana-Eckert B. Weiss, John Deming.
 Kansas-John Thorpe, Jacob Heintz. Arkansas-James Wilson, Charles Huber .. Rhode Island-Joseph Clark, William Enwhistle.
 New Jersey-Charles H. Hardwick. Wheeling, w. Va.-G. H. Medick. Virginia-William Holz.
 South Carolina-James Wickham. New Hampshire-Walter Gaitside. Vermont-Jacob Weison. Canada-Cornelius Sullivan.
 Pennsylvania-Georg J. Hitler Sam uel L. Bergly, Walter Seneca. Massachusetts-Cha H. Steele, Joseph F. Callahan, W. W. Warren, J. F. German.
The daily morning journal and courier., 1898-08-11
 PROMOTIONS IN NAVY.
Sampson to Be Advanced Eight Num-
 bers; Schley Six.


 bers: Schley Six.
 Washington, Aug. 10.-The president this afternoon decided upon the re- wards for the chief officers who took part in the naval battle off Santiago on July 3. Sampson is promoted eight numbers. Schley is promoted six num- bers, and both are made rear admirals. Captain Clark will be promoted one number more than the ether captains. and Lieutenant Commander Vain wright goes up n!nre numbers than any other officer.
 The addition of Sampson and Schley to the list of rear admirals, the retire. ment of Admirals Kirkland and Nor ton and the recent promotion of Com modore McNair will make the list of rear admirals on the active list consist of Miller Sicard, Matthews, Bunce, Dewey, McNair, Sampson and Schley. Up to July 1 Schley was ninth on the list of commodores, and Sampson was first on the list of captains, although he had the rank of rear admiral while commanding the North Atlantic squad ron. Captain Clark of the Oregon was thirty-fourth on the list of captains, and Wainwright of the Gloucester was twenty third on the list of lieutenant commanders,
The daily morning journal and courier., 1898-08-11
OBITUARY.
Died in switzerlanh.

Miss Fannie Bagen, aged twenty-one, daughter of Dr. Jacob A. Bagen, for merly resided in this city at 95 Lafay- ette street, and who was a well know young lady in that section of the city, died in Basic, Switzerland, July 21, af- ten an illness of several months. After an attack of pneumonia she fell into a decline and was taken by her parents to Europe in August last on account of her health, but grew gradually worse until her death. She was a tender, de- voted daughter Her father, who was with her, will return to this country next october. She leaves also broth CT, Max Bagen. who is a clerk in the dry goods store of William Frank on Chapel street.
The daily morning journal and courier., 1898-08-11
ROBERT A. CAMPRELL.

The many friends of Robert A. Camp bell, son of Robert and Jane Campbell, will regret to learn of his death, which occurred on Monday night at his home at 69 Hallock street, after a long ill- ness. The deceased was thirty-five years old. He was for six years fore man of the plumbing establishment of J. r. Campbell & Co. on Washington avenue, and was member of the A. O. U. w. He leaves besides a host of friends to mourn his loss g. wife and three children. The funeral will take place at his late home this morning at S:S0 and at Sacred Heart church at g o'clock, where a. high mass will be celebrated.
The daily morning journal and courier., 1898-08-11
FAIR HAYEN NEWS.

Items of Social and Personal Interest Mr. and Mrs. Leverett F. Clark have returned from Westfield, Mass, after visiting Mt Tom, Holyoke, Springfield, and other nearby places. MT. Clark feels much refreshed by his trip.
 Herbert B. Clark of Atwater street is at Bethel, Vt., for the rest of the month taking his annual vacation.
 The members of the Ladies' Aid so- ciety of the East Pearl street M. E. church were much disappointed on &C., count of yesterdays storm, as they had had all plans for the trolley ride to to-day the affair will take place this af- ternoon.
 Miss Newman of this city has been engaged as principal of the Union school, East Haven, succeeding Miss Lord, resigned. Miss Hubbell of this city will take the place of Miss Phebe Ives, resigned.
 Jacob Schwenk has purchased of Otis Hine 100 feet of land on Clinton ave- nue.
 An ice cream and cake sociable will
  church this evening.
 N. H. Marks and w. D. Crockett on a recent trip to Long Island caught 400 crabs.
 pr. D. J. Clark and family of East Haven are at Ocean Grove.
 Some of the people of East Haven are discussing plans for making a start to- wards securing a public library and a meeting will probably be held soon to further the plans. One gentleman has offered to give the use of a lot as a site for a library building. It is de- sired to establish reading room in connection with the library.
 Mrs. Mary Lemon and daughter Lena are the guests of Druggist Ezra Healy and wife of Exchange street. Their home is in Poughkeepsie.
 Miss Maude, daughter of F. H. Kelly of Atwater street, has returned from a visit in Waterbury and Watertown.
 c. Eugene Rowe, son of MT. and Mrs. Justin B. Rowe of Los Angeles, Cal, formerly of Fair Haven, is visiting his uncle, William s. Rowe of Clinton ave- nue. MT. Rowe has been in Omaha representing a large wholesale house as assistant manager at the exposition. His mother is in very feeble health. She has been an invalid for several years and the residence in California was planned on her account. This is MT. Rowe's first visit to Fair Haven since leaving here eleven years ago. Mrs F. J. Morton of 40 Pierpont street is stopping for a few weeks on the Bristol mountain, Bristol, Conn.
 The children of A. DeMatty have re- turned from an outing of several weeks at their fathers farm in East Haven.
 Miss Mamie DeMatty of Pittsburg is visiting her uncle, A. DeMatty of Per- kins street.
 MT. and Mrs. Charles Lord, who have visited Philip Borst of Perkins street, have returned to Hartford. During their stay they also visited John S. Met tier of the east side.
 John $. Mettler of the east side, who has been in poor health for two years, is considerably better this summer.
The daily morning journal and courier., 1898-08-11
A NOVEL POINT RAISED.
In the Hearing by Commissioners oi
 the Insolvent Calvin Estate.

In the Hearing by Commissioners on
 the Insolvent Calvin Estate
 The commissioners on the insolvent Calvin estate Attorney T. J. Fox and Judge Bryant of West Haven, met in the office of the former yesterday after noon for the purpose of hearing pro- tests against the claims of Charles Michell for $400 and Mrs. P. J. Calvin for $500 against the estate, the protest being made by creditors representing $2,100. The claimants were represented by Alto ney David D. Fitzgerald and the protestants by Attorney J. B. Martin. After an examination into the claims of Charles Mitchell objection to it's set tlemen was withdrawn. Mrs. Calvin claims $500 as pay for services as a clerk rendered by her in the store of the insolvent, her husband. The ob- iectors raised the question as to wheth- CT she could collect for her services ren- dered by her in her husbands store, the point being that woman could not collect from her husband for services. The commissioners after considering the case requested the counsel to file briefs before they passed on the ques- ton raised.