davidaulloa/AmericanStories huggingface dataset:
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
HlG H PRICE OF PAPER.
TARlF TAX ON WOOD PULP A
COSTLY ONE.
May Compel Subscriber. to pay More
for Their Country Newspaper The
Cry for Its Instant Repeal Is Very
Loud Paper Trust Robbery.

There are very conclusive reasons
why t be present tariff tax on wood
pup and printing paper should be re-
pealed, ana there is no reason In the
interest of American industry that
pleads for the continuance of these
taxes. They are now simply an ele-
ment 0t robbery under color of law,
and they should be effaced from our
statutes.
The paper trust Is now taxing the
newspaper and book publishers of the
country many millions, not because OF
any sueh actual increase in the cost of
produe[ Ing paper, but because the trust
has tho power to eXtort from the pur-
chasers OF paper up TO the extent that
would make tariff-taxed foreign paper
and pulp cheaper than the prices de-
manded here. This trust has played it's
scheme of extortion to the uttermost.
and congress should at once remove
the tan that protects no American in
dustry and that has become only an
agent to rob the consumers.
Two thirds OF the wood pulp used in
the manufacture Of paper for American
consumption should come from Can
ada, butt 1t is excluded by a tariff tax,
and we are now rushing headlong in
the destruction of our forests. while
Canada with its almost limitless sup
ply of timber. cannot reach our mar
kets because of the tax imposed by
the tariff.
The wo conclusive reasons which
should make congress act promptly are
first that the paper trust should be
at once halted in its rapid destruction
of our American Forests by the admis-
sion of free wood pulp from Canada
and se3ond, that the present extortion
practlcdd by the paper trust upon pub
fishers pf newspapers and books shall
cease td have the protection of the gov
ernmenE
The time has come when any trust
that mikes arbitrary profits by tariff
duties must cease to be protected by
the gov hrnment. Where American in
dustry needs protection it is reason
able to permit II, but where alleged
protection is used only for systematic
robbery, it must be overthrown,
We c an now manufacture paper as
cheaply as any country in the world.
There j no excuse whatever for tax
upon tile manufactured articles. and
the raw material should be free. not
only be cause the general principle is
correct, but because If 1t shall not be
done pr pmptly our forests will be prac-
tteally destroyed within a few years by
tariff t Axes excluding the lumber of
Canada from our markets.
Paper and pulp must be made free
of all "a Xes.as the paper trust has dem
onstratAd that these taxes serve only
single burpose-that is to invite rob
berry under color of law.-Philadelphi
Times
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
IMPORTS AND EXPORTS.
Monthly Statement for January From the
Bureau of Statistics

Monthly Statement for January From the
Bureau of Statistics
The exports and imports during Jan
uary, 1900, were:
Merchandise imports, SIS. 826, ,975. of
which sag .94s, 2so was free of duty.
The gain over January, 1899, was about
Sl7,5oo,o 900. Exports, SLIT, GEO, 93o, a
gain over January, 1899, of about
So 900, 600
Gold imports, 81 ,9ss,2 decrease
of $4,000, 900; exports, S5,691, 200, an
increase of Ss36, 900.
Silver imports, 81, 130, s35, a decrease
of 81, ,000,0o exports, $4, 500, 199, a de-
crease of S7sl, 900.
During the last seven months there
was an increase in the importation of
merchandise, as compared with the
corresponding period in 1899, of Si19,-
45a, an increase in the expectation
of merchandise of $50, ,534 ,973, a de-
crease of S4e, oa3, I'll in the importa-
ton of gold, an increase in the expor-
tation of gold of Sill .793, 166 decrease
in the importation of silver of Ss24, 444,
and decrease of s3,63s. .92 in the ex-
portation of silver.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
CHAPTER Xxx.
Conference of the Crew.

SbhitIeHce OF the Crew.
Some time elapsed before the poor
boy became sufficiently coherent to be
understood, but IL would seem that on
hearing the first cry, which had
alarmed me, he sprang out of his
berth, which was at the foot of the
eompanionway, and on looking into
the cabin, he saw by the night light
which swung In the skylight the
Gubano. armed with bloody knife.
rush from the captains state-room
into that of the mate. which was on
posite.
Another choking cry acquainted nim
that Antonio had stabbed Hislop in ,is
sleep; and fearing that his own turn
would come next. he had crept into an
empty eask which lay below the com
panion-ladder, and remained there.
trembling with dread, until he took an
opportunity of rushing on deck and
joining us.
This terrible revelation added to our
dismay.
We were now in desperate predica-
ment, without captain or mate to
navigate the brig. and at the mercy of
a Well-armed desperate, to whom hom-
icide was a pastime. thus, all who
had handled him SO severely on the
night We crossed the line began to feel
no small degree of alarm for their
own safety being certain that more
blood would be shed the moment he
came on deck
All dressed themselves with the ut
most expedition. and IL was resolved
to hold a council of war. Lambourne
was still at the wheel and to be pre-
pared for any emergency, he resolved
to reduce the canvas on the brig. So
the royals were taken down, all stud
ding-sails taken in, and the topsails
were handed, all this was done as
quietly as possible, lest any sound
might arouse the f1end who seemed
now to possess the Eugene
Iambourne ventured to peep down
the skylight, when he saw Antonio
drinking brandy from a case bottle.
without troubling himself with
glass. Then the Spaniard proceeded
to attire himself in the best clothes
of Captain Weston; he forced open
several loekfast places and took from
them money and jewelry, which he
concealed about his person. What his
ultimate object could be in perform
ing these acts of plunder on the open
sea, we could neither conceive nor
divine. but on CHANGING to glance up-
ward, he caught glimpse of Toms
eyes peering down
There was an explosion. crashing
of glass and ball from revolver,
fired upward, grazed Toms left ear
and pierced the rim of his SOU -wester
as a hint that our Cubano had no In
tention of being overlooked in his op-
erations below
We heard him close the cabin door
with a bang. and after locking 1t,
throw himself on the floor behind 1t,
with the intention OF sleeping, proba-
bly,, but with the full resolution that
no one should enter without disturb
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
CENSUS OF LIVE STOCK.
Charles f. Martin of Denver VIII Super
intend the Work,

Governor Merriam, director of the
census, has appointed Charles T. Mar
tin of Denver, secretary of the Ma
tional Live Stock association, as
special agent in charge of tie taking
of a classified census of live stock for
the eleventh census. The headqnar-
ters for this division of the work
which embraces all the range country,
will be established in Denver, and ac-
tive work will be commenced at once.
This will be the first time in the his
tory of the country that a classified
census of live stock will have been
taken. The association began the agi-
tation of the matter a year ago, and
through the assistance of Hon. l.. q.
Powers, Senator Wolcott, Governor
Merriam and others. congress made
the necessary appropriation to carry
out the work
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
Fire at Denver.

A four-story building in Denver oc-
cupied by the Miller-osborn Spice COM
pany and the KansasMoline Plough
company, was gutted by fire Saturday.
The total damage is estimated at $780,
600, of which SGT, 900 is on the stock of
the Miller0sborn company, SIS, 900 on
the stock of the kansas-Moline COM
pany, and s25, 900 on the building,
owned by Charles Boetteher.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
De .ths From Plague in Manila

Out of a total of fiftv@one cases of
suspeetd ia bnbonic plague reported in
Manila Forty-two proved genuine and
thirty two deaths resulted. half of
them being Cinnamon. A hundred in
speetors under the superintendenee of
a health officer, Major Edie, are rein.
forcing the sanitary regulations
Thirty Of the inspectors are Cinnamon
who have been furnished by the Chi
nese me fchants The local health de-
partner census shows the population
of Manila is about 100. 900. inelnainp
81 900 Chinese.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
PoPULIsTS HAVE TROUBLE.
Middle. of-the- Road and Fusion Elemen
Can Not Harmonize.

Middle of-the- Road and Fusion Element
Can Not Harmonize.
split and walli-out followed a
turbulent meeting of the populist Ma
tional committee at Lincoln. Neb.,
Monday night, the anti-fusion leaders.
after having number of their follow
ers turned down by the credentials
committee, organizing bolt and form
ing new committee The members
favorable to fusion. after adopting the
report of the credentials committee.
adjourned, and in all likelihood it will
empower the chairman or committee
of three to call the national convention
for the same city and the same time
the Democratic convention is held.
The anti-fusionists will hold national
convention in Cincinnati in May.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
Killed in snoMsIltIe.

At the Gold King mine, silverton,
Colo, Gf forge Foster, Louis Agi and
Antoni Fam were caught in snow
slide. 4 ntoni Tam, by running, saved
his life Foster and Avi are still in the
slide and the men from the Gold King
mine an mill are using every effort to
recover he bodies, but with no hope of
saving / hem alive.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
M ALL NUS ANCE
That Threatened to Inundate the Family
of New Father.

of New Father.
At an Adelaide street residence the
servant went to the door, met per-
spring and scowling letter carrier, and
took In basketful of mail 1t was
the third such lot of the day, and there
had been like delivery for a week.
Dump 1t into the furnace" roared the
young man who is at the head of the
family. I'm going to see the post
master, write the head of the depart
ment at Washington, and get out an
Injunction I'll see II there Is not
some way to abate this nuisance"
"But there may be some other mail;
something that we want to read" in
terposed gentler and feebler voice.
Il don't care X there is. | don't care
IL there's draft or postal order In
every other envelope. Chuck the whole
outfit into the furnace and don't lose
any time doing It, Whoever's work.
ing this rig on me may think he's
smart good and plenty. It's the con-
foundest, meanest, smallest, most i'm
pertinent thing | ever heard Of" But
it's only joke, my dear" "I'll joke
'em. Do you know that we've received
over a car lot of catalogues, prospec-
fuses, and all that sort OF thing from
female seminaries In the country?
There were over 200 in the first batch
and that was the smallest one received.
Dump the whole batch into the cur
mace. say Nice thing! | guess not.
sending up those female seminary ad-
yertisements and our little girl not
two weeks old yet. You can bet that
I'll stop the thing or know the reason
| why."-Detroit Free Press.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
II, clproeity Treaties Delay ed.

Beford proceeding further with the
CONSTRUCT dtion Of new reciprocity treaties
the state department will await the
action { the senate upon the pending
French treaty. Should this fail all
efforts t , effect the reciprocity scheme
as continued in the Dingfey act will
be abandoned
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
ehoynski Defeats sIaher.

Joe Ghoyns!s; get the decision over
Peter Maher in a six round contest be-
fore the Dearborn Athletic club, Chi
cago, Friday night, having an easy
time with the Irishman, who was stag
gering all over the ring when the bell
rang at the end of the sixth round.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
Ano her Postmaster Goes Wrong.

Tranld e. Simmons. postmaster Mt
Seward, Nebraska, has been arrested.
charged with a shortage Of So. .s3o.
Simmons. who has long been promi-
nent in state politics, admitted his
SHORTAGE David Figard, one of Sim
mons Aondsmen. when informed of
the shortage and asked to take charge
of the office, dropped dead.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
naller enntnres strnneh.,l.I

General Bnller attacked the Beers a.
5hieveley Monday and captured strong
positions occupied by both TANKS of
The Boer army, and by heavy artil-
iery fire, forced the main body OF
troops back The British loss was
u. ~. u LII
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22

PacilIe Cnl,1e Rill.

A bill was introduced in the Senate
Saturday by Senator Fosterof Washing
ton prov iding for the construction of
a Cover nment cable line from the
United : tates 10 the Philippines. The
distisgu1 shing feature of the bill is
that it r equires that the cable shall be
laid from some point on the coast of
Washington,
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
Polish League IN America.

Leaders in Polish national circles Of
h'eago says there is a secret National
Polish league. which extends through.
put Europe aud America. whose object
Is to free Poland by force of arms or
any other method,
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
Boer GUNS Rendered Useless.

According TO dispatch from Chieve
ley, dated February "A, it has been
during the weeks lighting has rem
dered three large Boer guns ineffective.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22

II Is an excellent rule to be observed
In all disputes that We should give soft
words and hard arguments-that we
should not so much strive to vex ~ to
convince an enemy Bishop Wilkins.
Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1900-02-22
Despondknt Wife Burns Herself to Death

In st. Louis, Saturday, Mrs. Julia
Gamer, wife of foundry workman
mother pf five children, poured oil over
her eliot hing and deliberately set fire to
herself ia the presence of drunken
husband and will probably die of her
in i,,riaE
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-17

voiced the sorrows Of Hecubl VITA
biaHched cheek and tear-dlmmed eyes 80
Hamlet on his wider stage assumed too
seeming He who instructed tho actors
in their parts knew well hos ITO use all
Temperance that gave, smootbnesa. that
o'erstepped not the rn0Cesty % nature.
who held as It were the mirror up 20 ma
ture
Mad did you say? Only when the wind
blew north. northwest"
History and acticn gave many exam
7 pies OF revenge IN all is various phases
II Is a favorite theme IN song ard story
OF al traits exhibited IN human character
i IL the most pernicfoue where have
we in ali literature revenge 80 subtle.
50 t0rfuring ard 80 Obstructive % avenEer
and avenged az that q Roger Calling
worth. the Betrayed husband o. Hester
PTynne lie who sought his victim IS
he had sought truth ~ book. a.a gold ia
alchemy, who allied himself 20 Arthur
Dimmesdale ii The close intimacy q a
friend, the better % play upon 81. 81 he
chese. TIE very serpent ia Ms bosar
Who sought 70 prevent Aiz frat cca-
feEsio1. Knowing hla victim would then
sip from his grasp
where was Hasre c3di'ks action than
The twosoi6 forgiveness u G4ascsr G.
Chile IN that usaschisss Scene - horror
n the garden 81 Nero. where - sariy
Christians ~ torches lighted re =ag ~
rn-artyra0En. We ars al familiar w9fh ~
story % ST. T-nor1as More. ausn ~hau
Henry VII ppg~sd egt = ,3tfle ~ re
ve5on % as nature ard fhs -aros =
"shylock = synanyrn - 81 IRA. is
reveageful AM graassrz rs; un7 bse
not trsn5isd ard gsoSef r. rea9.sg fsat
wonderful climax q Feesnge. piznrs6
ard executed VIII esca sesl stirring e.
srgy n tAe zori5 rezosrasa cAars2t rses
between MESSIAH ard TIE fsraz re Essa
Hur
Perhaps .as zsost un5eee reTteEs was
conceived ~ Tsesrsf-az 80 ~. se--saas
o deash by Mere. Tas a-hstsr q sss-
game. raster - r.csries ans e7szaae.s
a a4rtL1u. wrote tstfs- u shzt 2nae-
a-ca - v1vislY pscsarirv AZ ssait.s-. ~
wsak-esse.. rs vAeer. fsat q : zal4 fhe
iass = sAs espkrs ussis bare sssa . iess
r-za A-cw
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-17

tress she could let him depart without one
word of consolation. To my mind Ham
let, whose faith in womankind had been
50 shaken. had little reason TO believe
that Ophelia loved him. This, perhaps,
excused in his mind his cruel speech.
when. shortly after, by pre-arrangement
Of Polonius Nand the king, she met him
in the lobby Undoubtedly her unusual ap-
peararce there warned him Of the audi
ence behind the arras, and what followed
was for their benefit rather than any in
tended cruelty to Ophelia. For Hamlet ;
madness was always before an audience.
II was put on.and of like glove. When
his wits were needed his sanity was IN
questioned CAct III. scene l.
But to return 10 Ophelia. II proof nc
says: Where is thy father" She an
swers him: At home Unfortunately
Ophelia could not SQt have known that
her father and the kim were concealed
close at hand. Hamlet, with that keen
intuition that penetrated every scheme
and plan, took in the situation and Justi-
ted himself in his stern rejoindsT:
Let the doors beshu upon him. that
he may play the fool nowhere but in s
OWE house and then followed that pain
ful scene for which Hamlet has been
most censurel.
lie little guessed Of the sorrow he vas
flling that TOO gentle heart Mrs. Jane
son says:
In HIS distraction be overacts the
painful part 70 which he had lasksd him
SELF he is ike that Judge Of the Areopa-
gus, who, being occupied with grsyer
ri
which had sought refuge IN his 5csom.
and With such angry violence THAI IN
Willingly he killed. il
Again. we have only 20 refer u tire
conversation with Rosencrantz and guil-
dsaste-n. Here he OWNED the.- mission
and told them wherefore they had c5u7e.
and oonjured than - al the rights %
good fellowship 70 be even and direct
with him Then. with courtly dignity.
be welcomes them % ELsinore. and adds.
But my uncle father and aunt nsotA-
CT are deceived
I am o1t mad northnors1w west when
the Nin5 e southeriy kHo~ q hawk
from & haads4w
1T was after this meeting Gn6ing them
close n The kings service .SE,5nges.' Be
cals them. llls aet.taL.s IS changed towa-8
them. and he IS as mad - ais zlslaod
calls Go-.
another amusing par occurred whea I.
Possaias cones 70 tel lam the qgaaz A2s !
scul sor h-u- Ezziss whizss5czlzy calls /
attention - D cloud xaicA hs declares IS 4
sazps1 IKE s camel Poiozius lznnessste- +
Is zE7ess w4th hin that & = IKE q carmel.
N-lea HAz1ies declares 4 IS lEke . z@azss +
Ard fE4en 4 sr1 r. Esass-i.ss Il s--.-afr- s-ss-
1rae. Ha-u-el says aside: They foo re i
10 The TO- O. my l<zf
'oas ye.x eoE.SEsszs ssxsz-s q Ia
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-17

play is the love Of Hamlet for Horaito
There is something as touchingly beauti-
ful in this friendship as was portrayed
ages ago by another prince. whose love
for his friend David passed the love OF
woman And even as Jonathan's soul was
knit TO the soul OF David. so Hamlet
loved and was comforted IN his friend
Hear him:
'Horatio. thou art cen as just a man
AS e'er my conversation cop'd withal-'
Since my dear soul was mis-
tress OF her choice
And could OF men distinguish.
election
Hath seaTd Cree t0r herself
Give me that man
That IS not passions slave. and I viii
wear him
N my hearts core; ay. IN my heart Of
AS do thee
ITO this friend he opened HIS heart and
revealed its secret.
There is a play tonight before
the king.
One scene OF 1t comes near the olrcum-
stance.
Which I haze told thee Of my fathers
death
I 3rttaee ..-........
Observe mine uncie..........-
And after We vii 18th og- Judgment Join
In censure q his seeming.
They are coming 20 the play. I
must oe idle.
Get you a place
Immediately upon the kings greeting
his madness IS again assumed. But tbs
king VAS a. 10 time deceived as 20 Ham
lets uaIady. lie says:
What as spake- thouga IL Iaek'd sorn Z
little.
Was not Ike madness
Ard again be sgeaks % st as a 'eo--
fusion that Is Pot On.
But thare ls 10 more Playing ths mad
man ;o- Hamlet at:e- his rstu-- srara
the seseated EnEEsa voysEs- He who
'dsiTe3 5eIqw their mines whose saxae-
ity compre6eaded the nature ard motives
q those aasGt hsu. who confessed 70 us
That essentially an not Il madness.
But mad L craft;
who made ne famous salnaouv q Mfs.
Eho Instructed the plaTsTz = sAssr para.
xao raer21lze6 o. Yorsck,s Ekzla-retarr.a
stta fixed p17pose 70 pr lis revenge l5rs
r1zse5iz-e executlor
Tee LAST zct o2~zs zstA sse 6s.-e-ss-F
sce8s n tss graveyard. whsa CpseAa =
buried W1o ear 1eterz1i.e nv ase&srTs
x ais xsrreS = such \ lvsgsc ssf8zssszr
a'ho car see TIE hez-c or 1oGg- tte s2er
3iaye- ca t1e stage. q hss TIE E-atg-e
lazer face cer14siszaE lie h44 saEez
spssa A1zssess 30 pay = 2a<E and - SCI
- - s-ssts-z t-z; Ia - szxzr $40
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-17
CITY Regulator Is Still Dissatisfied.

Speaking OF wants ads. in the Eagle,
put four line want in two weeks ago
today and got thirty-one answers to 1t
before o'clock Monday evening. How
many more came I did not call to see.
II [ was on the invitation committe of
the street carnival I would invite Mr..
Mark Hanna TO come and spend a day
with US
! would build a platform on the top of
the ZiInmerly building, fifty feet high,
md place one Of those search lights on
&. so that people at Hutchinson, New
ton. Eidorado, Winfield and Wellington
rould see to drive home by it of an
evening.
1 was glad to hear President Cohn say
the other day that the object of the fair
WAS not to make money II we only sue
coed in giving the people big time. lots
Of genuine amusement, have them go
away feeling satisfied. we shall feel fully
repaid J would rather be five hundred
or q thousand dollars IN debt 20 accom-
plish that much than to have a lot Of
them go away dissatisfied.
1 would widen Lawrence avenue from
Eleventh street to Thirteenth street 70
conform with the balance Of the street.
I would set up Il rubbish sale, rent a
large room and get everybody in the city
who had stun lying around loose, no
matter what, that some one else can use.
- donate IL for this sale; advertise It
extensively. sell it of and donate the pro-
Cseds to The Orphans home.
II you viii keep tab on the fellows that
make d habit OF going swimming three or
-Four times week in Little river. you
VIII discover that by September l. 50 per
cent q them win have typhoid or some
other kind OF fever.
would sprinkle the park Sundays
when i was dusty.
would select a block in street that
was extensively travelled and experiment
VIA the crushed stone paving. keeping
careful estimate Of the cost.
would send my boy out on a farm for
most q the summer and let him COM
mune with nature aud corn hoeing Il 7
could not furnish him with employrnet
az home
visited the library this week. I see
t2at they have not had that bontire vet
b.. learned that since March the new
membership has increased LIS.
most heartily endorse Councilman
Dewey's position 10 pas an ordinance and
see that it is enforced. prohibiting men
srom expectorat.ng On the street car floor.
!. they must chew while in the cars
would make them swallow their own
r8s.iuess.
What j picnic the regular unwashed
naoo IS having in Kansas. They strike
lie cities and towns. call for a hand-out
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-17
IMPORTANT STAMP TAX CASE
which VIII Probably Go to the
Supreme Court as a Test.

I~PI C-'-~ 90 u = % q n CssN,
Chicago, June 1.-THE United States
court of appeals today announced a de-
cision affirming a decision of Judge Kohl
saat unfolding the claims of Chicago
breweries for discount on the stamp
tax paid under the Dingley act. A recent
decision in Cincinnati was used as au-
thority in making the decision. The Suit
was by the Manhattan Brewing company
against Collector Coyne to recover 5000,
the amount of Z IL per cent discount
on stamps purchased a few hours before
the Dingley act went into effect. There
are hundreds of similar cases throughout
the country and the case was regarded as
of great Importance to the government.
An appeal will Re made to the supreme
court as a test case