davidaulloa/AmericanStories huggingface dataset:
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1900-01-05
REAL OBJECT OF THE CRUISE.
How the Mysterious Trip OF ths
Montgomery II Regarded In
WaahfngtOn.

Washington. Dec. 30.-Although the
naval officers will make no ofhciai
statement respecting the cruise OF the
Montgomery 10 West Africa, il is adj
mit,ed that the ship was there in the
early fall. returning to her station al
Eucpos Ayres about the first OF last
November These dates in themselves
may be regarded as sufficient TO dis
pei any impression that the cruise was
in any manner connected with the
war between the British and the Beers
To secure "a ConIing station.
As 10 the real objects of the cruise
il is believed that the navy depart
mcnt had its eye on a possible coalinS
staten on The west coast, as is indicat-
cd in the foregoing dispatch. Before
and during the civil war the United
States had no less than three coaling
stations on that coast. They were prac-
tically abandoned when the West Afri-
can station was dropped from the list,
hut the chief Of the equipment bureau.
Admiral Bradford. has strongly urged
that they bc re-estabished. so as TO in
.,re our naval vessels source OF coal
supply when passing from the eastern
Atlantic states around TO the fhilip-
mines and China in the event that the
Suez canal should be closed against
them.
The Libcrian Government Willing.
The Lioerian government always mas
been willing and even anxious That the
station on its coast should be kept II
cnlv as a manifestation a the interest
of the United States in the colony "
created, and to protect it by our moral
influence against European aggres-
sion.
within the Lane Of Probability.
The British conception OF tho OBJ
iect of the Montgomery's visit to
Africa. therefore, may be entirely
within the zine of probability as in
tended. not only to afford us good
coaling station where one is badly
needed. but also to exhibit to other ma
tons our NATURAL interest in the negro
colony founded by Americans.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1900-01-05

Sou.a.s band Selected.

New York. Dec. 3o.-Hon. Ferd w.
Peck. commissioner general of the
United States to the Paris exposition
of 1900. has named Sousa's band as the
official American band to play at the
exposition. The engagement will COW
err eight 10 ten weeks.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1900-01-05

The Aly shadow steals away upon the
dial, ard the quickest eye can discover
40 morr hut that il is gone.-'Glanvills-
Evening journal., 1900-09-15
BETW EEN CAPITAL
And LABOR ALREADY BEGUN
LackaWanna Miners Are Out-Thcy Have an Independent
Union, and Operators Believed They Would
Refuse to Obey Strike Order

the total number of anthracite miners
I'm the entire Wyoming district as 1872
42O. Average amount Of wages paid
per month. at $40 per man. including
breaker boys and all hands S2.SiS,fOO.
A representative Of a Wilkesbarre
paper went to Cumberland, Md, to re-
mort upon the condition OF the miners
OF that district. He telegraphs his
paper as follows:
six months ago President Mitchell
declared q strike in the Cumberland
district. the same as ho has now In
the anthracite region. The strikers
we're given to understand that there
was S40O 600 In the treasury OF the
miners union, which would be used
as a relief fund for the miners. All
the money received by the miners so
far is $4,000 The miners are in a
destitute condition. and President
Mitchell has been compelled to call the
strike temporarily of. The business
of the town Is ruined.
Evening journal., 1900-09-15
1INESE PEACEMAKER WILL
TRAVEL ON A RUSSIAN WARSHIP

to Delaware river, Thirteenth and Clay
mont streets
4sth-Thirteenth TO Twenty fifth, Pine
to Delaware river 1121 East Thirteenth
street
49th-Market 10 Pine. Brandywine
creek 10 Twenty 1892 Market street.
5Oth-Brandywine creek 10 Twenty
fifth, Market to city line (wesO, Market
street and Elliott avenue.
51st-All OF city north OF Twenty-hfth,
to city line. Thirtieth and Market
Third Representative District.
52d-Market to Washington, Eighth to
Ninth, Kelley's office King street, be-
tween Eighth and Ninth.
Washington to Monroe, Eighth to
Ninth, S47 Madison street.
54th-MOnrOe to Harrison. Eighth to
Ninth, office, rear OF 80 West Ninth
street.
55th-Harrison to city line, Eighth to
Ninth SO2 Franklin street.
56th--Market to Washington. Ninth to
Elevensh, Pyle's Cycle Academy.
57th-Market to West, Eleventh to
Brandywine creek, 1905 Market street
5Sth-Washingto to Adams, Ninth to
Delaware avenue. 6O4 Delaware avenue.
58th-West to Adams, Eleventh. Della
ware avenue TO Brandywine Fourteenth
and Washington street.
60th-Adams 20 Rodney, Ninth to Del
aware avenue, corner Eleventh ant
Adams streets.
6ist-Adams to Rodney, Delaware ave-
nue. to Brandywine creek, 1923 Gilpir
avenue.
62d-Rodney to Woodlawn avenue
Rockford Road. Ninth to Delaware ave
nue., 1872 Pennsylvania avenue.
63d-ROdney to Rockford Road. Della
ware to Shallcross avenues, 1714 Scot
street.
6lth-Rodney to Rockford Road. Shall
Cross avenue TO Brandywine creek Man
ming Library.
65th-Rockford Road to Rising SUI
Lane, Brandywine creek to Ninth or cit
line Seventeenth and Rockford Road.
The registration will be held on Angus
{ 4, IL and Is; September 10 and October q
from to 12 a. m. and TO p. m. IN
election will be held on Tuesday. NOvem
/ her 6, from between s and 9 a. m. until
p. m. The officers has been appointed I
n conduct the registration and the sam
men will, in the main. hold the election
Notices have been posted about the cit
calling attention to the registration, an
any persons found mutilatmg them q
tearing them down win be prosecuted.
The First Senatorial district comprise
the Second and Third Representative di,
tricts and the Second Senatorial district
comprises the hrst, Fourth and Fift
o Representative districts.
Evening journal., 1900-09-15
win Reonen on Monday

The season at Dockstader's Theatre
will open on Monday next, with the usual
matinee. The announcement is sure to be
a welcome one to the many patrons Of
vaudeville in this city. The theatre nHs
been improved in many ways during the
past few weeks and the house which will
open its doors on Monday afternoon, will
be renovated from top to bottom, and
more attractive in many ways than it
was before. Manager Dockstader prom
ises his patrons the best that vaudeville
has to offer, and no manager can do more
than this. Nothing that lacks the stamp
Of refinement will be allowed, and the
reputation Of the house in the past will be
at all times regarded. The bill 70; the
opening week includes the famous Amer
lean Juvenile Minstrels, one Of the finest
attractions this season; the charming ac-
tress, Miss Ruth Royal. in a sketch en-
titled AT Auction will be Il star feat
ure Of the bill. Others in the east viii be
Edward Reynard. the venfriloquist;
Lawson and Namon. the bicycle hobo and
the Nassar athlete; the Seyons. in Irish
comedy; Miss Lillian Melbourne and
Miss May Hoey. Stats. Wesbnu and
Greve, Clarke and Davenport. oil time
favorites, and number of others 1t is
decidedly the strongest opening cttrac-
tion the theatre has ever offered.
Evening journal., 1900-09-15
OPERATORS SAY COAL
FAMINE TALK is BOSH

New York. Sept l5.-R M Olyphant,
president of the Delaware and Hudson
railroad. said today hat ut O consCIva-
tive estimate 100000 tons OF coal
were taken out of the mines in August
The average output. hc eddcd was be-
tween 100000 and 100000 tons, 20
It appears that tile output for the
month OF august was nearly 1000 coo
in excess of the average monthly yield.
In addition to this. Of course, there
will he the output for half of the
month of September. which win prob
ably be nearly 100000 tons, as the
mines have heeH worked TO their
greatest capacity owing to the fear Of
a strike.
On the strength OF these circLm-
stances the operators declare thar all
talk OF an impending femme IS merely
o scheme Of the retailers 90 furnish
grounds for raising the price OF
course II the strike Is prolonged two
or three months it is adnitted that
the situation will be serious.
One of the presidents OF large COM
pany declared that for many of the
companies to yield 10 the miners de-
mands would spell bankruptcy. II
would cost S6.o00.0O0 a year, he de-
clared. to increase tho wages OF the
men 10 per cent, and the companies
might as well go out OF business.
Evening journal., 1900-09-15
IAFFEE MAY CONTROL
AFFAIRS In The ORIENT

Sept. 15.-There were
developments In the Chinese nego-
ions yesterday with which the pub
could be made acquainted. the
ole matter being still in the diplo-
tic phase, and therefore not call
for military orders. War depart
ut officials are awaiting word from
state department as to the next step
ected of the troops, but it is now
mated that this next step will not
taken Immediately. The situation
lost something Of its acuteness,
ing to the change in the attitude of
Russian government No official
|firmation has reached Washington
he postponement of the withdrawal.
the fact is not doubted here. Re-
|9less, however, Of the course to be
by Russia, It is now said that
he is nothing in the American note
response to Russia that demands
immediate evacuation in the event
{ the Russian troops are called
lay. Instead, it is stated that the
.trol of the situation would simply
S from the state department into
b. Chaffee's hands. and it would be
him. after conferring with the
Ter military commanders, to deter
ne how and to what extent the
erican forces should be withdrawn.
Evening journal., 1900-09-15
WYOMING MINERS READY
10 JOIN STRIKERS RANKS

Wrkesharre. Sept 15.--The oper-
a.ors of the Wyoming valley report
that the usual quota of coal was min
ed yesterday and that they expect no
decrease ia the output today All coll
lieries were I'm operation yesterday
with the exception Of the Exeter mine
of tho Leaigh Valley company at Ex-
etsr borough. The miners there re-
ceived their pay at noon and they at
once concluded to stop work.
Local assemblies a. tho United Mine
Workers held meetings ia many
nlaces throughout the valley last night
There was much enthusiasm manifest
cd and tie Oficera report that tho
inca ia the Wyoming district viii go
cut almost 10 a man on Monday A
report cc-lsilcd by the operators gives
Evening journal., 1900-09-15

Germany has not yet recognized Ii
Hung Chang as a plenipotentiary,"
said foreign Office official, ''and she
will wait to see what the other powers
intend to do before she acts. We do
not believe the report that the Uni
ted States government has recognized
Ii Hung Chang, neither do We credit
the statement that Russia has sent an
ultimatum to China. In all probability
Ii Hung Chang concocted the story
himself.
"Ie is premature to consider what
will be the effect upon the relations
between China and Germany of the
statement of Baron Won Ketteler's as
sassin that he acted under orders from
the Chinese authorities. So far as the
Boxer attack upon Kiao Chou is con-
cerned, 1t was unimportant and easily
repulsed."
Evening journal., 1900-09-15
GENERAL MARKETS

Philadelphia Sept. N.-Fiour inlittlo
mnnd. winter superdnc. 2.iti2l0, Pom
sylvania roller. clear. S3.-0n4.3l; ci
mills. extra, 3.6lN2ge. itJe Hour qu'
Wheat steady; No. red, in elevator
7iatf75c Corn steady. no. 2 mixed. ln
elevator l5e ni6Ac.s no. yellow, for
local trade. lll1il4c. oats quiet and
steady. 40 @ white. clipped. 2iM n -Sc.
lower grades E0lic. Hay firm; choice
timothy. Sl5 for large bales. Beef quiet,
beef hams tl750Hi350 Pork lrmi fam
ily Sl5dl5.i5. Lard steady western stcam-
ed. $40. Live poultry quoted al llc. FOR
choice western fowls and llullc. Tor
spring chickens as TO quality. Dressed
poultry Qresh killed., choice western
fowls. 1liac. old roosters. &C.. nearby
spring chickens Halle. western spring
chickens l0ui3c Butter firm, creamery
l6ianuc.; factory. liHl6ilc.. June cream
l4iac.. New York dairy. l5na20c.; fancy
Pennsylvania prints lohhing at 2iu2ic.f
do. wholesale, BE Cheese firm. large,
white and colored, 1896; small, white.
l0hni0'lc.. small. cnlOrcd. lOliMlUtsc.
Esgs steady; New York and Penrsylva-
MIA. l7N20c. western. regular packing,
at mark. l2llic., western, loss OF, lsc.
Potatoes quiet; Jerseys SlnL50; New
York S.50QiG2h. Long Island. I.500l15.
Jersey sweets. 50 2502T. Cabbagcs quiet.
Long Island. $.50n2.25 per 100
Baltimore. Sept. l4-Flour firm and un-
changed. Wheat hrmer, spot ana the
month 7334M73isc. October, N9sfiNMc..
December, 4anlssc.; steamc- No. red.
1MuilMc.. southern. by sample l1Nlbc.;
do. on grade. l2AW7ii4c. Corn hrmer;
mixed spot i6c. the month. f5itM i6c.,
October, 45Qi5hc.; November or Dccem-
ber. new or old. 40A 0t07sc.; January. s0H0
40hc. steamer mixed i5c.; southern.
white. f8Hi9c do. yellow, 41u4Sc. oats
frmer; No. white. 2iiac., No. . mixed.
25025iac. Rye firm. No. nearby, 50c.
No. western. Sic Hay firm: No / TIM
othy, $3.50. Cheese firm az the advance;
large, ll4ull'sc.; medium l1AQl2c., pic
MICS l2U1yihC
Evening journal., 1900-09-15
Operators Scout Stories That
Famine Will Result
BOYS IN PITCHED BATTLE
Some Of the Youngsters Wanted to
Strike, While Others Positively
Refused to Do 80

Scranton. Pa. Sept. 15.-There is no
longer any question as to a general II
not complete tieup of the mines in the
Lackawanna region Monday morning.
Yesterday. three days before the strike
order goes into effect. $4,000 Of the
200 miners were on strike. 2l of the
81 collieries are forced into idleness,
and by tonight. according to the ad-
vices received in the headquarters OF
the mine workers and judging from the
expressions of the operators, every
man in the district will have cut his
last ton of coal.
The one thing that the operators In
and about Scranton mainly based their
hopes on was that the Delaware, Lack
awanna and Western miners, RumDer-
ing a third of the whole district and
operating a fifth of the collieries, would
decline to obey the strike order. The
Lackawanna' men have an indepen-
dent union. and as it was favored by
the company q majority OF the em-
ployes permitted themselves to be en-
rolled in il. The organization declared
against striking. and the company lived
in hopes that it would act in accord
with his declaration. The officers Of
the Mine Workers Union contended an
along that the Lackawanna company
miners anniated themselves with the
Lackawanna union only because of the
intimidation that was used by theil
bosses. and that the men for the mosi
part belonged also to the Mine Work
ers' Union and at heart were strongly
in favor OF strike.
Nine of the q collieries that com
pletely shut down yesterday are mint
| of the 23 collieries of the Delaware
Evening journal., 1900-09-15
Expected That American In
tereStS Will be Placed in
His Hands
70 MORE RUSSIANS IN PEKIN
All Have Arrived There Since
the First Of the Present
Month

ndon. Sept. Iii Hung Chang
be taken on board a Russian war
at Wu-Sung and received by the
ians at Taku," says the Shanghai
|Bspondent of The Morning Post,
he will be accompanied by the
lese minister of railways" "
licording to the Shanghai corre-
dent Of The Times, wiring We'd
lay, Earl Ii considers that the
urinary difficulty Of the negotia-
5 consists in the necessity, which
.ealizes, Of denouncing Prince Tuan
his accomplices to the throne. He
the opinion that It would be ad-
|ble for the allies to take the
ative by compiling a list Of those
chieay responsible and by formu-
ig their demands accordingly.
Dther Shanghai dispatches locate
empress dowager on Sept. s at
|lg-Chou. two days march from
lYuan-Fu.
ae Times has advices from Pekin
d Sept 1 saying that 5000 Rus
Is had arrived there during the
'ious three days.
ne Paris correspondent of the
ming Post says: France and Rus
1 have been assured, have agreed
demand the complete disarmament
china, including the razing of the
u forts and the fortifcatiOns and
nails elsewhere.
he Russian legation in Pekin, ac-
4 ling to a Taku special dated Tues
was then preparing to move TO
4 Tsin or to sone other point, ow-
to the difficulty of communicating
u the home authorities.
.sn. Chaife9 is preparing to make
troops comfortable for the winter
en- asked his opinion regarding the
ationg he is reported to have an
red:
{ would be better for the United
es troops to leave. but, in any
! at, the Chinese Christians viii be
sgided for"
Pekin dispatch Of Sept. says
ing in Pekin continues. both au-
lied and unauthorized. Few
ses are guarded except those oc-
led by foreigners, the palaces and
Be in the Sacred City Almost ev-
house is destitute of furniture
Cha4ee says he could not have
eved that any city would ever bC
IN over so completely to looters
he earnestly desires the cooper
4 in Of any nation to prevent this
4 the other hand the missionaries
Ilplain that the Sacred City has no
n looted. They urge that the roya
FLY and other highly placed Chines'
Isonages, who we're behind all thu
lble, should be made to suffer morl
n those who blindly followed them
Evening journal., 1900-09-15
live stock Mnrlrefs.

New York. Sent 1i.-Cood steers steady;
others slow and Zoe. lower. bulls and
COWS firm. steers. H45all5. bulls &03S0;
cows. Sl.sOn31li choice TAT western do.
Sf65 Calves steady, vcals i50ST0. grass
ers and buttermilks, S3.25nf Sheep steady.
lambs active ana nrm; sheep S27i04.i0.
lambs. SO25' culls, $5.75Hl. Hogs firm at
g.75uG.
East Liberty, Pa. Sept. f-Cattle mar
n5.eO common. S35l0i. Hogs stoadv.
best mediums and llght Workers. $500
5.Sia heavy Workers s5NT5N. heavy
mediums. sl.lgal.ll heavy hogs g56e
b.G5; pigs S5l0n5.f5. rrarsers and thln
pigs. so.4o0a.la roushH. Sa.5oN5i0. Sheep
steady choice Wethers. Si25f4iiN, c0m-
mon, sl.alr2.a0i choice lambs I.51l1.4l,
S0L50.
Five-ccnt sporty Boy" cigar, al-
ways mild and sweet
Evening journal., 1900-09-15


Lackawana and Western company, and
the operators are correspondingly de-
pressed.
National Organizer Dilcher issued an
address to the miners last night, stat
ing that all the collieries would be
shut down by tonight, and calling on
the employees of the culm washeries to
quit work before Monday. Thecompanies
operating washeries declare that they
will keep them going at any cost. The
mine workers officers say the wash
cries must shut down. II violence en-
sues. the first tilt can be looked for in
the nelghhorhood Of the washeries. All
the industries. the electric light plant
trolley power station and the like in
the city use culm exclusively for fuel,
and their furnaces are supplied with
special CRATES which viii permit
Of the use of no other kind of fuel.
Most of the locomotives also use culm.
At Diamond Shaft, one OF the Della
ware. Lackawlnna and Western work
ings. there was pitched battle yester-
day between two factions Of the driver
boys. One wanted to quit at once, the
other advised working out the day.
The first faction gathered on a knoll
above the shaft and stoned the other.
The fire was returned and the attack
ing party driven Off Three hours later
everybody in the Diamond cult.
Evening journal., 1900-09-15
iR OF EXTERNIKATlON
AGAINST THE MISSIONS

lerlin, Sept. 15.-The Cologne volks
.ung. the leading Centrist organ
received special advices from Han
v saying that the war Of extermina-
D against Catholic missions in China
assuming greater dimensions. The
istolic vicarate in South Shan ST
been completely destroyed, includ-
all The churches, the Christians
he been driven away and their
Uses have been burned. In the
vincial capital, Tai Yuan Flu. which
the seat Of the bishop Of North
IN 81, the Catholic orphauage, with
cIDhens. has been btrntd.
Evening journal., 1900-09-15
Bicycle Races This Afternoon

Promptly at 23O o'clock this after
noon the bicycle races win begin in
Wawaset Driving Park. A full list of
events are arranged and good prizes
are offered During the meet there will
be an exhibition of motorcycles and
speed tests.
Evening journal., 1900-09-15
NEXT WEEK
To be Popular Time to Enter
Goldey College

Several Wilmington students will
enter Goldey Commercial and Short
hand College. Sth and Market. next
week, as will also those from dis
tance
Students are now in attendance from
South Dakota, North Carolina, Vir-
ginia, Maryland, New Jersey, Delaware
and Pennsylvania. The attendance
continues to be ahead of that of any
former year at this time.
You may have a seat reserved now,
and enter later, if you cannot begin a
course at this time. For full informa-
ton and free catalogue, call at the col
lege, or write to Principal H. S. Goldey
Wilmington, Del
Evening journal., 1900-09-15
NOTICES.

NOTICE.--On and after September
H. 1900, Seventh street bridge will be
closed to the public travel, as the con-
tractor will commence work on the new
steel bridge at that time. BY order of
Bridge COMMITTEES.
J. j. GALLAGHER, Chairman.
sl5-tf
NOTlCE.-Au candidates who wish their
nmes placed upon the Republican ticket
I the primary election, 60 be held Satur-
ay. September 29 A. d. 1900 are request
q by the Republican Joint Executive
ommittee TO send their names 20 the sec
etary OF the Republican Joint Executive
ommittee on or before September 10. A.
1900 designating for what district and
fice they are candidates.
8. FRANK EWART,
hartman Republican Joint Executive
Committee.
Attest: n. H. BILLANY. Secretary Re.
publican Joint Executive Committed
Wilmington Del sll-5t
MONEY 70 loan on mortgages In sums
a. suit. LAMBERT FOuLk.
0lS-tf gl9 Market Street
Evening journal., 1900-09-15
HELP WANTED

WANTED. Man. upright character. 20
manage business of old-cstahhshed house.
SALARY SIS per week and expenses. pay
able each week direct from hcaduuartcrs
Expense money advanced. Position per-
mancnt. Reference. Standard House, 3Ol
CaNtun Building. Chicago.
sl6. 22. ia. .1l-ol.6.S
Evening journal., 1900-09-15
PERSONAL

LADIES -Chichesterfrs1 english Penny
royal Pills, Diamond Brandt are the
hest Safe. reliable Take no other Send
&C.. stamps. for particulars. "Rehef for
Ladies'" In letter ty return mail AT
Chichester Chemical Co
Philadelphia. Pa
Evening journal., 1900-09-15
BOARD AND ROOMS.

TABLE BOARDERS. Ladies ana Een-
tlemen. The finest of appointments and
table ln the city 81 per week Address
o T.. this ofiice si5-lt
WANTED.-Lodgers. No. 6lO Wash
ngton street. a30-lm
Evening journal., 1900-09-15
WI observe RaIIr pnr

Tomorrow will be observed as Rally
Day in all the state Sunday schools.
Evening journal., 1900-09-15
WANTED

WANTED "A No. 40 Heater ia good or.
der; Address HEATER, Evening Journa
Ohice sl5-6t
Evening journal., 1900-09-15
RIVERSIDE PARK

VIII remain open until October /.
)ancing every evening. grand concerts,
unday afternoon and evenings. The
rabbing and fishing IS now at its
est. Take New Castle cars direct to
he beach for 10 cents.
Evening journal., 1900-09-15

Five-oont Sporty Boy" cigar, al-
ways mild and sweet
The times. [volume] (Richmond, Va.) 1890-1903, 1900-11-14
SUSPECTS FOUL PLAY.
sir. Chas. Howard Using Every Means
TO Bring the Facts to Light.
iSnnc;oi DiSnatch To The Timesl

ALEXANDRIA, VA, Nov. l5,-Mr.
Charles Howard, father OF young Edward
Howard, whose dead body was found near
tbs residence. of n Miss Smith az RsrSyn-
Md, on the morning Of October list, WITH
q bullet wound in his head, has employed
q SPECIAL detective 10 work up the case.
1t will be- remembered, as reported N
The Times, that the coronerS jury rem
Gered a verdict TO the effect that Tie de-
ceased committed suicide.
The father OF young Howard rejected
this theory and has worked indetatigaptE
to get to the bottom of the case, ana
sought The aid OF the Maryland authorl-
ties, to no end Recently he had the body
OF his son d.sinterrel and an autopsy was
held. which strengthened the fathers idea
that his son was q victim OF foul play 1t
is understood that he now has evidence IN
his possession which VIII eventually cause
the arrest ana conviction of the guilty
party.
Miss Alice McBurney- Acton will to-
morrow evening become the bride of MI.
Isaac Grigg. Il well known Washington
newspaper man, at $50 O'Clock III st.
PauPs Episcopal Church.
J, writ of error was granted in the Cir
cult Court yesterday by Judge Nicof trans
ferr.ng the Military Road case to the
County Court THIS case involves the
ownership of the handsome thoroughtare
extending from the west gate OF Airing
ton Canemtery TO Rosslyn, Va. The case
has been in litigation for over year