davidaulloa/AmericanStories huggingface dataset:
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-19
CHEAP RATES TO THE EAST VIA
THE SHORT LINE.

On sale une B and b Only. BOOU TOT re-
turn September 4. Routes via Union Pa
cific or Denver & Rio Grande.
Secure tickets and sleeping car reserva-
tons at Short Line Office, No. 10 East
Broadway, Butte, Mont.
H. O. WILSON,,
General Agent.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-19
Was Imposed Upon the Muir
derer of Bob Hamilton.
jim SAINT WAS COMPOSED
When the Judge Fixed His Punish-
-Bigamy Case Is Now on
Trial.-C0ur. Notes.

III oAAN IN oi" Va VIVA
ton, who was found guilty of murder in
the second degree, appeared in court this
morning and was sentenced for life in the
penitentiary. When asked if he had any
thing to say why sentence should not be
passed upon him he said no." and then
sentence was passed, without any sign
of nervousness or emotion on the part Of
the prisoner.
The trial Of Pat Sullivan and Mrs.
Hugh Mclaughlin, charged with bigamy.
was commenced this morning. County
Attorney Duffy is conducting the prose-
cution. Attorney J. R. Boarman is coun-
sci for the defendants. The court room
is full Of spectators, many of them the
acquaintance of the defendants on trial.
The jury is composed of the following:
Charles Hill, r. K. Pearson, G.. D. Sup
per, J.. Nj. Goddard, John Hahn. c.. A.
Mayer, John Kimmerlee, John Hawarth.
Peter Assgood. T. A. McGivin, ]. j. Ken
mig and H. j. Hamilton.
Frank Maloney, who was tried yester-
day IN the charge Of assault in the third
degree, was found guilty and fined $50.
Maloney is the maj who set a dog on
Charles Davis. the blind colored man, at
the Mountain View saloon. Davis was
Uduly OlltcA dUOul Nv
In the matter of the City of Anaconda
VS.. William Lees, the motion to modify
the Judgment in this case is so far modi-
fed that he be committed to the city Jail
instead of the county Jail.
An action was begun yesterday in the
district court by James Mcclure against
JOIN Y. Batterton, administrator of the
estate of John R.. Mcclure. deceased, to
recover the sum of S. 900 and interest
thereon, alleged to be due on a promis-
sorry note.
In the case of Sheriff Jack Conley vs..
the Board of County Commissioners, the
defendant was given a judgment for $50,
covering the price of a trip to Billings,
and the remainder Of the suit was non |
suited.
The case of johnson VS.. the Gold Coin
Mining company was dismissed as set
tied.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-19

The case of Johnson VS.. the Gold Coin
Mining company was dismissed as set
Ala
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-19
F

Butte, Mont. April II. 1899.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-19

GEORGE w. IRWIN.
Il Postmaster.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29

Washington, April %. - AS q result
of his speech at a banquet IN NJ"
York in which he referred bitterly TO
what he termed the outrageous nag
cling to which Admiral Dewey was
subjected by the German fleet under
Admiral Won Diedrichs, Capt. joseph
B. Coghlan will, i'll all probability pe
relieved of his command OF the llal-
cigh. Secretary Long has written
Capt. Coghlan a letter requestlns nun
to furnish the department with Il cor
rect version of his speech. The com
munication indicates the departments
displeasure that the captain snou!d
make statements prejudlclal 10 TREND
" nations between the United States
and n foreign government. There is no
intention in official circles of court
martialing Capt. Coghlan. The utmost
that will be done, if the present tenn
per of the department continues, Will
be to relieve him of his command,
write him a letter of censure, and note
his conduct upon his record. The de-
partment is very much concerned over
the effect of Capt. Coghlan's remarks
upon Germany. The German embas-
sy naturally feels kecnly the revival OF
stories regarding the attitude of the
German fleet at Manila, the circulation
of which were intended. the embassy
officials say, to interrupt the friendly
relations between the Berlin and
Washington governments. 1t is again
pointed out that when the German
government learned the full extent of
his irritating conduct Vice Admiral
Won Dietrichs was succeeded III COM
mand Of the Asiatic squadron by
Prince Henry. 1t, has been the aim Of
Ambassador Won Hblleban to remove
the impression that his government
was u%nfriendly, and he sincerely re-
grets that Capt. Coghlan should have
revived the reports Of unfriendliness
between the German and American
fleet commanders. Administration Of
ficials are deeply annoyed at Capt.
Coghlan's statements. and his reciting
"Hoch, Der KAISER" is another cause
for their determination to take prompt
action. 1t cannot be stated definitely
whether Ambassador O Holleban. in
view of the publication of this dog
gerel credited to Capt. Coghlan and
the speech made by that officer, will
make any representations, but in view
of the action Of the navy department,
it is probable that he will leave the
matter to the administration. There is
no doubt that as 500 as Capt. Cogh-
lan's answer is received and action has
been taken on it, the. steps taken by
the department will be communicated
to the German ambassador. with Il
proper expression Of regret for the oc-
currence. AS the United States was
content with the action of Germany in
relieving Vice Admiral Won Diedrichs
of the command of the Asiatic station.
it is presumed by the officials that
Germany will be satisfied with the re-
lieving of Capt. Coghlan.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29

Manila, April 23.-A force Of about
200 rebels yesterday afternoon at
tackled the outposts Of the Washing
ton regiment, near Taguig, south of,
Pasig and Pateros. Two companies
Immediately engaged the enemy and
advanced into the open in skirmish
order. The rebels were checked and
routed after two hours fighting, leav-
ing twelve men killed on the field and
several wounded. The Americans also
obtained possession of many Mauser
rifles and many other weapons. Three
Americans were wounded.
At 6 o'clock yesterday morning three
companies Of the South Dakota regi-
ment marched from Bocave, and, in
conjunction with three companies of
the Minnesota regiment, from Gui-
guinto, north of Bocave, encountered q
rebel force numbering fully 500 men,
when two miles out. The enemy re-
tired three miles in fairly good order
in spite of the fact that they suffered
heavy losses. The Americans, having
exhausted their ammunition, were
compelled to return to their camps.
Later the army tugs opened fire on
the enemy, along the river banks. The
rebels are unusually active west Of
Malol6s, as far as Calumpit. They
have been busily at work on their
trenches, and several new trenches
have been discovered within two miles
of the railroad! Fires are burning
east Of the railroad, and it would ap-
pear that the rebels are evacuating the
foot-hill towns in anticipation of an at.
tack upon the part of the American
troops.
Gen. Otis Reports Casualties.
Washington, April 23.-Gen. Otis for
warded the following list of wounded:
Second Oregon - April II, Company
A, Private w. o. Walker, foot, mod
crate.
Thirteenth Minnesota - April 20,
Company A, Private Nicholas Hansen,
thigh, severe.
First Washington-Company d. Pri-
Yates Albert II. Straub, face, severe;
William NJ. Winders, chest, severe; h,
Corporal G. HI. Birmingham, side,
slight.
Troops Abundantly Supplied.
Washington, April 23-The following
dispatch was received from Gen. Otis
at the wal department.:
"Troops abundantly supplied, and
sickness, including wounded, only sew
en- and q fraction per cent of COM
mand."
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
HONOR FOR IRELAND.
Principal Speaker mt a Joan Of Arc
Celebration.

Principal Speaker Mt a joan of Arc
Celebration.
Washington, April 25.-The presence
of Archbishop Ireland in Europe at
this time led to efforts among leading
members of the diplomatic corps here
to have the eminent American divine
preside at some notable church occa
sion. AS a result it is learned that the
archbishop will deliver the principal
discourse at the Juan of Arc celebra-
ton on May s at the old French town
of Orleans, which gave the name of
the Maid of Orleans to the girl saint
and soldier. The exercises will have
both a religious and national charac-
ter, bringing pilgrimagers from all
parts of Europe and having the special
benediction Of the pope. 1t was
thought at first that Archbishop Ire
land would take this occasion to cor
rect the misapprehensions which have
arisen through Europe as to "Ameri-
canism" as set forth in Father Heck
er's book. The errors on this subject
are ascribed mainly to the mistransla-
ton of the book by a French able, SO
that it was felt to be appropriate that
the correction and calculation Of true
"Americanism" should be made on this
memorable church and national occa-
sion. Quite recently, however. the
leading church authorities in this
country have been made known that
Archbishop Ireland's discourse would
be confined strictly to religious themes,
dealing with the inspired character of
Joan Of Arc. While this may not give
the discourse the significance at first
erpected, yetathesbeiieff expressed
by those familiar with the arrange
ments that the fervor and patriotic i'm
pulses of Archbishop Ireland may lead
to some discussion of tho American
theme which has been So prominent
in church affairs of late and in which
he has been n Of the foremost lg-
ures.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
ABoV3 DANGER LINE.
Swollen Missouri Threatens Serious
DamaRe. =

Damage.
Omaha, April Is. - The Missouri
river has continued to rise steadily
the past twenty-four hours at
this point and is now above the danger
line. At the foot Of Earnam stree:,
where the big Omaha and Grant
smelter is located the water is within
two inches of the top Of the bank, and
any additional rise will inflict great
damage o the smelter property. The
Union Pacific tracks along the river a
block OF two above + partially under
water and the ground is so soft that it
is dangerous to run trains through the
yards. During the night some twenty
families were driven out and the bot
toms are nov completely covered.
Swift's big ice house is above the
water level but men are kept EN-
ployed strengthening the embank-
ments near by. Reports from up
river show that the water is falling,
but the rise here is likely to continue
another twenty-four hours.
Damage May Result.
Kansas City, April 25.-The Missouri
river has reached three inches above
the danger line. the government gauge
registering 21.3 feet. This is a rise Of
eight inches in thirty-six. hours. The
river is still coming up and as the
current is exceedingly strong serious
damage to property in the lowlands
may result. Farmers and others
spent the day moving their property
and belongings to higher ground. The
only damage that has resulted so far
has been the flooding Of seevral eel
lars Of business houses skirting the
river.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
E DRIVEN BACK.
Fifty OF Them Were Killed While
the American Loss Was One

Fifty OF Them Were Killed While
h American Loss Was One
Killed.
New York, April 26. Tie Herald's
correspondent at Manila, says: The
movement of the American forces on
Calnmpit began yesterday morning.
Gen. Hale's brigade crossed the river
at Quengua and moved down the bank
of the river toward Calumpit. Many
insurgents were driven from in front
of the line Of march. Fifty of the
enemy was killed, while the American
loss was only one killed! 1t is reported
that Gen. Macarthur, with Gen.
Wheaton's brigade and an armored
train, is waiting at Malolos for a
strategic advance on Calumpit. This
advance from Malolos is momentarily
expected to begin. The town of Ma
lolos will be evacuated, only the rail-
way station being held. The natives
are returning there in great numbers.
All are professional non-combatants.
The army gunboats, being unable to
ascend the river to cooperate in the
movement on Calumpit, have returned
to Manila.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
THE MARKETS.
Latest Quotations from Grain ana

Latest Quotations From Grain and
Live toe Centers.
st. Paul, April 26. - Wheat = No. 1
Northern, q 1-4@73 1-2c; No. 2 North
ern, 7O@71 1-4c. Corn-No. 3 yellow,
81 3-4@32c; No. 2. 81 1-2@31 3-4c. Oats
No. 3 white, 2S@28 1-2c; No. 3, q IL
@2Sc. Barley and Rye-Sample bar
ley, 36@40c; No. 2 rye, 53c; No. 8 rye,
Duluth, April &c. - Wheat - Cash,
No. 1 hard, "a 3-4c; No. / Northern,
7234c; No. 2 Northern, &C 1-2c; No. 8
spring, Ga 1-2c; April, No. hard, 743-4c;
No. 1 Northern, II 1-2c; May, No. 1
hard, Is 3-4c; No. 1 Northern, Y 1-2c;
July, No. / hard, IS 7-Sc; No. 1 North
ern, q 7-8c; September, No. 1 North
ern, 72 14c. Oats, % 1-4@27 34c; rye,
IS 3-4c; barley, 35@4Oc; fax. to arrive
$1.14 II a LA "a; September, 95c;
corn. 32c; May, 33c.
Minneapolis, April 90. - Wheat -
April closed at Il 7-Sc; May opened at
7O14c and closed at Il 1-Sc; July
opened Mt II Csc and closed at - 1-2c.
On track-No. l hard, q 7-Sc; No. i
Northern, n7-Sc; No. 2 Northern,
20 7-Sc.
Milwaukee, Wis, April 26.-Flour is
steady. Wheat dull; No. 1 Northern.
% 1-2c; No. 2 Northern. 72@72 1-2c.
Oats easier at % 1890 1-2c. Rye
firm; No. 1, So 1-2c. Barley dull; No. 2,
47c; sample, 4O@46 1-2c.
Chicago, April %. = Wheat - No. 2
red, IS 34@77c; No. 3, 71@74c; No. 2
hard winter, 7O@71c; No. 8, Csc; No. 1
Northern spring, 7534c; No. 2, 74c;
No. 8. 7O@73c. Corn-No. 2. 35c; No. 3,
"a 34c. Oats-No. 3, p 1-2c.
Chicago. April 20. Hogs = Light,
$ .70@3.95; mixed, $3.75@4.OO; heavy,
S .9O@4.OO; rough, $3.65@S.S0. Cattle
-Beeves, 81 q 5.75; cows and heifers.
$1.75@4.90; Texas steers, 81 q $50;
stockers and feeders, $3.50@5. Sheep
Natives, $3.25@5; lambs, $425@5.SO.
Sioux City, Iowa, April 26.-Hogs -
$3.55@3.65. Cattle-Beeves. $4@5.1O;
cows, bulls and mixed. $2@4; stockers
and feeders, $3.5O@4.6O; calves and,
yearlings, $3.75@5.1O 6.
South st. Paul, April 26. - Hogs =
S3.S5@287 10. Cattle-Steers. $4.25 a
40; cows, $2.4O@3.5O; bulls, So; stock
ers, $4.35@4.70; calves, $4.5O@5.5O
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
NEWS IN BRIEF.
Overflow From the Wires In & Cow.
denaeI 3Eorn 0OHs

Overflow From the Wires In & Con.
densed Form.
Brig. Gen. John G. Bates, d. s. ".
who was recently relieved from Cuba.
will so to Manila.
At Ardmore, Ind, T.. Jack Petray.
eighteen years old, shot and killed his
father. They quarreled over a trivial
matter.
Assistant Secretary of War Meikle-
John reports the receipts from Porto
Rico for four weeks in March as be-
ing $1SO,S5O.
Canadian Pacific earnings for the
week ending April p were $502,OO0;
same period last year, $453, 900; in
crease, $4,000.
Revenue officers seized 10000 cigars
with counterfeit stamps at Toledo,
Ohio. The total seized in that city is
now v e 10000.
At a mass meeting 100000 was
subscribed for a worlds fair to be held
at st. Louis in commemOratiOn of the
Louisiana purchase.
Byron G. Davis, a corporation law
yer and president Of the Copper King
Mining company, died at his home in
Brooklyn, aged forty years.
The appearance of the San Jose
scale has caused great alarm to farm
ers in Ohio. Several valuable orch
ards have already been destroyed.
Rudyard Kipling has sued G. T..
Putnam's Sons, Doubleday & Mcclure,
the Scribners and Appletons for $780,
600 for infringement on copyright.
paddy" Purtell Of Kansas City was
knocked out at Memphis, Tenn, by
James Seaman of Pittsburg, who de-
livered a terrific right swing on Pur-
tells jaw in the third round of what
was to have been a twenty-round con-
fosf
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
RESCUE.
Police Had to Fight o Keep a Mob
Mt Y-Pria0n Fatally Shnt..

Police Had to Fight t o Keep a Mob
Mt Bay-Prisoncr Fatally Shot
Chicago, April 26. -Four robbers
were arrested by three policemen.
While the police were taking their pris-'
oners to the patrol box to call the
wagon they were attacked by a num-
Der of friends Of the prisoners, who
were led by the wife of Elmer Ander.
son., one of the prisoners. A general
fight followed. The officers, by vigor-
GUS use of clubs and revolvers man.
aged to keep the mob at bay. Sudden
" Anderson broke away from his cap
tor, Policeman Clarity, and ran. Gar
rity drew his revolver and fired and
Anderson fell. At this. %juncture the
gong of the approaching patrol wagon
was heard and the mob scattered. An
derson was taken to the hospital,
where his wound was pronounced
fatal.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
COLLISION,
City of Kingston Cut in Two by IL
Glen0Gh,

City of Kingston Cut in TIVE by the
GlenoGh.
Tacoma, WASH, April 25. - The
steamship Glenogle crashed into the
steamer City of Kingston off Browns
point, cutting the City of Kingston in
two just aft the boilers. Twelve pas
sengers and crew Of the Kingston were
saved. So far as known no lives were
lost. Rev. Horace T. Clapp, rector Of
Trinity church, was pinned in the
wreckage for several minutes, but was
not seriously hurt.
The Kingston was cut in two pieces
which have been towed to the harbor
here. The Kingston is a total loss and
the Glenogle is damaged. The accident
was due to a dense fog.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
KILLED BY MooNsH1xERs.
Revenue o GERS Walk Into an Ar
bush and q Sheriff IL Killed

Revenue o GERS Walk Into an Am.
bush and a Sheriff IL Killed,
Knoxville, Tenn, April 23.-Sherif
j. S. Dawson Of Cook county was
killed from ambush in the mountains
near the North Carolina line, not far
from Walkerville, N. @. The sheriff,
accompanied by a party of deputy
marshals from this city, was on q
revenue raid. The sheriff's party
walked into an ambush. The first shot
was aimed at Chief Deputy ]. D. Al
ton, of this city. The bullet passed
through his coat, striking Dawson in
the neck and producing instant death.
The scene Of the ambush is twenty-five
miles from the nearest telegraph office.
1t is said the m~oonshiners have gath.
cred there in force, and reinforcements
will be sent to the deputies at once.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29

Manila, April 26.-Gen. MacArthur's
division has left Malolos, apparently
intending to besiege Calumpit. Gen.
Hale has crossed the Bagbag and
reached a position a quarter of a mile
from Calumpit, thus commanding the
ford. Prisoners captured by Gen.
Hale's troops say Aguinaldo, Gen.
Luna and the Filipino staff are at Cal
umpit with u great force Of Filipino
troops.
Before daylight the Fourth cavalry,
with three guns belonging to the Utah
battery, the Nebraska regiment and
the Iowa regiment, under Gen. Hale,
were proceeding in the direction OF
Kiunchu, where the Bagbag (TibabagD
is fordable, but commanded by
trenches. During the afternoon, the
troops crossed the river. Generals
Macarthur and Wheaton, with the
Montana regiment, advanced to the
left Of the railroad and the Kansas
regiment moved forward to the right,
forth of Malolos. They had with them
a long supply train, with two armed
cars in front, carrying two Gatling
and Colts rapid-firing guns, and the
six-pounder which did such execution
at the capture of Malolos. The insur-
gents attempted to destroy the railroad
bridge outside Of Calumpit, and sue
ceeded in badly warping the iron
framework.
Important Movement.
Washington, April 25.-1nformation
received at the war department indi-
Gates that Gen. Otis is about to exc
cute another important movement, the
initial features Of which are shown by
the press advices from Manila. The
objective point is the insurgent town Of
Calumpit, being about eight miles
northwest of Malolos. 1t was here
that the insurgents concentrated after
being driven out of their capital, set
ting up a new capital and making it
the base of their operations. In NOV
ing on this stronghold Gen. Otis pro-
poses to conduct two distinct openings.
The first one, under Gen. Macarthur,
has for its purpose pushing straight
forward from Malolos along the rail
road and striking at Calumpit from the
south. The second one is under Mai.
Gen. Lawton, who, with his flying col
umn, is moving far around to the
northeast, to the large town Of Norza-
gay, from which point he will turn alb
ruptly west toward Calumpit. This
last move will take about ten days,
and military strategists look upon it MS
another effort to flank the insurgents
by getting behind them at Calumpit
similar to the flank movement which
Gen. Macarthur attempted to execute
at Malabon. This double operation
makes Calumpit the center for the next
few days, while attention will be di-
vided between MacArthur's column
advancing from Malolos and Lawton's
column on its ten days march by
Norzagay. Macarthur has only a
short distance to traverse. so that his
force may be engaged with the main
force of the insurgents within the next
few hours. The country is fiat and
open and rather better for our troops
than that lying south of Malolos.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
Military Academy visitors.

Military Academy Visitors.
Washington, April 23.-The following
gentlemen r announced az members
Of the board Of visitors to the military
academy for 1899: Gen. Felix Angus.
Maryland; Hon. Thomas w. Bradley,
New York; Col. w. d. Mann, New
York; Col. J. Sumner Rodgers, Michi-
gan; Gen. Egbert L. Viele, New York:
Dr.: J. William White, Pennsylvania;
Col. Francis G. Gaffey, Alabama.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
NO ASPECT.

Authorities at Warrington Will Not
Interfere.
Washington, April 26.-Atorney Cen
eral Griggs, in speaking Of the negro
lynching near Newman, Ga, said the
al had no federal aspect, and that,
therefore, the government would take
NJ action whatever in regard to it.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
WoMAN,s SAD FATE.

Overtaken by a Prairie Fire and
Loses Her Life.
Redfield. S. d., April 25.-Mrs. 1cha-
bod Atwater, residing four miles south
east of Frankfort, was fatally burned
by q prairie fire. She was driving a
team, which became frightened at the
fire and ran away, throwing her out.
The fire overlook her before she was
discovered. She vas about thirty years
old and leaves q husband and three
children.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29
Germany Sends Cruisers.

Germany Sends Cruisers.
London, April pa dispatch from
Shanghai says the German protected
cruiser Gefion has been ordered to
proceed to Apia, Samoa, after embark
ing an extra supply of ammunition,
and that another cruiser is to follow
her.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29

British Cruiser Burns villages and
Carries Away boats.
London, April %. - According to a
letter received here yesterday from a
British naval officer ut .Apia, Samoan
Islands. dated March %, the British
cruiser Porpoise, Capt. Strdee, in or
der to cripple the rebels, cruised
around the coast Of Upolo, burning vii
lagos and carrying to Apia all the
boats of the natives. As. their boats
are regarded by the Samoan islanders
as their most valuable possessions, it
was believed that this plan would real
~ infiict greater hardship upon them
than the destruction of their villages.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29

That,s what Was the Matter with
the Soldiers Mt san Francisco.
San Francisco, April 20. - Police
,JulRe Graham convicted three soldiers
Leiske, p. Simons and Ar
thur Billings-of malicious mischief
and disturbing the peace. The soldiers
e arrested for completely In the
riot which took place al the Preside
few nights ago and which resulted in
Ne burning OF the saloon Of n Raj
1aei.5a tailor shop and a barber shop.
I6ntence mas not passed.