davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1902-02-10
C0ElCePOuS
Sores s: ;::.: :: t.: 4: !. s: :: 5:
hraacf thoupI,

they are liable TO appear upon other parts
of the body. When they begin to spread
and eat into the flesh, sharp, piercing
pains are felt as the underlying tissue is
destroyed and the tender nerves exposed.
Cancerous sores develop from very trifiing
causes; a carbuncle or boil, swollen gland,
a little watery blister on the tongue or
lip, a wart, mole or bruise of some kind
becomes an indoient, fostering sore,
which in TING degenerates into cancer.
The Washington times., 1902-02-10

National - Klaw & Erlanger's Ben
Hur," evening.
Coiumbia-otis Skinner in Francesca
da Rimini," evening.
Chase's-PoIite vaudeville. afternoon
and evening.
Lafayette-"The Lost Paradise" even
ing.
Academy-"The Night Before Christ
mas" evening.
Kernan's-.'New York Stars" afternoon
and evening.
Bijou-Burlesque and vaudeville, after
neon and evening.
Convention Hall-Elks' Midwinter Car
nival, afternoon and evening.
Norfolk a VnshfpEton steam boat
Delightful trips daily at $50 p. m. from foo
ith ct. to Old Point Comfort Norfolk. virginia
Beach. and Newport News Sec ad. page l.
Chevy Chase Lake.
Ice flooded; night illumination; skating fine
The Washington times., 1902-02-10
THE TIDE TABLE.

Sun rose ...6:5S AN. Sun sets. ..5:31 PM
Moon rises. Moon sets..S:04 p
The Washington times., 1902-02-10
STREET LIGHTING.
ADJUSTMENTS.

Lamps lit today. y..................6:10 Pm
Lamps out tomorrow A "
The Washington times., 1902-02-10
WEATHER INDICATIONS.
TEMPERATURE.

Fair Monday and Tuesday; light west
erly winds
The Washington times., 1902-02-10

George II. French ]. NJ. DslzeIl. j. l..
Thornton, Convis Parker
report OF chief mastering officer-A. A.
/ HaNim, Lawrence Wilson, Frederick T.
blCklord, Christopher Storm S. c. Robb.
hesolutlcns-Nathan Bickford, 5. s.
Burdett, \. f. Dinsmorc. Newton NJ.
BROOKS George E. Corson. Harrison Ding
man and Benjamin F. Hawkes..
report of committee on legislation
ALVIN tarhsworth. James Wood, f. \.
Wilbur, William H. Anderson. and T. w.
West.
Relations with Sons of Veterans-A. II.
frear, c. F. Benjamin. George r. Fergu-
son, George P. Davis, and Charles F.
keefer
Inc committee on legislation is as fol-
lows; b. F. Bingham, chairman; John NJ.
heogh' George II. Slaybaugh. John j.
freeland, II. A. Cobaugh. S. E. Faunce.
D. l.. Davenport, F. J. Young, w. H. Liv-
erpool. b. F. Graham. j. R. Hayes, ]. E.
snow, d. w. Classic. Edward Webster,
Jacob Moore A B. GrunweIl f. ]. Sweet.
and C. r. Douglass.
Committee on arrangements-Thom S.
Hopkins, chairman; II. L. johnson. Abram
Hart. l.. P. Williams, c. NJ. Robinson ].
l.: davenport, Calvin Farnsworth. George
w. Hazer, John McElroy, Nathan Bick-
ford, Ivory G. Kimball. and Frank. L.
Campbell.
Funds for Mckinley Monument.
In orders issued last night General
stone calls attention to the commander
in-chiefs circular to the Grand Army,
commenting the project of erecting
monument in memory of Comrade Will
liam Mckinley, late President of the
United States, at Canton, Ohio. The
project seems an assured success and we
ousn' 10 De represented there by some
contribution. In order to bring this mat
i oeiore the comrades in this depart
ment the post quartermasters in each
post are hereby authorized to receive sub
scripuons and to forward same to Myron
1. Herrlck, treasurer, Cleveland Ohio,
ana due credit will be given the post and
department"
The Washington times., 1902-02-10
THE Sun AND TIE MOON

Highest temperature, 3 p. m............ 8,
Lowest temperature, a. m......... il
The Washington times., 1902-02-10
WORLD LOSING
OLD-fINE BIGOTRY
Henry Austin Adams Eulo-
giZeS Cardinal Newman.
AN EX-EPISC0PAL CLERGYMAN.
Cardinal NnrtineIIi and DIR. stafford
in Audience-EnGIish Catholic Dig
nitary Referred to ns Greatest
AngIo-SnNon Race Has Ever Pro
duced.

Many distinguished Catholics, including
Cardinal Aiartinelli and DR.. Stafford, last
night heard Mr.. Henry Austin Adams lee
ture on Cardinal Newman" author of
the famous hymn. Lead, Kindly Light.
beloved by President Mckinley. The lee
ture was delivered in the Columbia Thea
tire. The erstwhile Episcopal clergyman
who was several years ago converted to
the Church OF Rome, spoke in glowing
terms OF the famous cardinal.
The Washington times., 1902-02-10

thirty bottles, continuing it for some
time after the sore had healed, to be
sure all the poison was out of my sys-
tenn. Have seen no sign of the cancer
IN ten years. JOSEPEUS REID,
The Washington times., 1902-02-10
story of a Chase.

The story of Skoog and his last run for
freedom is best told from the old scrap
bool, In this fashion:
Several months ago a tail blonde man
went into a brokers' office on Broadway.
New York, and tried to sell him kroner
The Washington times., 1902-02-10
Carpets and Drapery Dept.

soc Ingram Carpet now SOC.
S0a Ingram Carpet, now 55c.
soc Brussels Carpet, now 65c.
s1.25 Velvet Carpet, now SOC.
$3.50 Carpet Rug, now S9c.
81 Lace Curtains, now i9c.
81. so Lace Curtains, now 9Sc.
So Tapestry Portieres, $l.9S.
SIS Carpet size Brussels Rug, Sl2.5J.
The Washington times., 1902-02-10
NnrlCIk A Y

Chevy Chase Lake.
Ice flooded: night Illumination; skating fine
esq
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
R. R. CONFUSION GIVES PERMIT.
PRESIDENT REA OF PENNSYLVANIA
ROAD EXPLAINS PLAN OF PRO
POSED TUNNELS

The application OF the Pennsylvania, New-York
and Long Island Railroad Company for permission
10 construct tunnel railroad to connect the Penn
sylvanIa and Long Island roads was granted yes
terday by the State Railroad Commissioners at a
meeting at the Fifth Avenue Hotel
Charles NJ. Jacobs, the engineer, exhibited the
plans, which provide for tunnels across the
North River and four across the East River. with
a single track in each tunnel and trains TO be
propelled by electricity These plans surpass in
magnitude any IN the world 1t is the inten-
ton to establish any direct connection with the
New-Tork Central
Vice-President Samuel Rea said that the situation
chosen for the terminal station. between Seventh
and Ninth aves- and Thirty-third and Thrty-dfth
SITS. was regarded as the one most suitable for all
time
1T is the plan" he said to run all through
trains from the West TO this terminal station for
the unloading Of passengers. and then proceed 70
the yards on Long Island. where the trains will be
cleaned and prepared for the return trip. The
track level will De forty feet below the street
face and the waiting room about halfway between
About $3.50 eco has been expended in the purchase
of property
The PENNSYLVANIA and the Nsw-York. New
Haven and Hartford having acquired the New
New-Eugl and by way OF LCng Island City will be
established and the Of floats for passenger
nc done away with II Is not the intention 10
employ the terminal for freight service at all
He said the road would maintain all Of its present
stations the New-Jersey side
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
PROTESTS AGAINST .SMOOT
SALT LAKE CITY MINISTERIAL AL
LANCE ADOPTS RESOLUTIONS OP-
POSING HIS ELECTION TO
THE SENATE

Salt Lake City, Nov. 24-The Ministerial
Alliance of Sal: Lake to-day adopted resolutions
strongly opposing thu proposed election TO the
United States Senate of Reed Smoot, one Of
the twelve apostles Of the Mormon Church a
copy Of the resolutions will be sent at once TO
every ministerial alliance Of prominence in the
country, and also probably to President Roose-
Welt every Representative and United States
Senator, and others prominent in political life.
The resolutions are in part as follows.
We protest against this endeavor to elect Apos-
tle sTnoot TO the United States Senate as an en-
Of the church and the state.
The election Of man who holds the highest
to the highest once save one in the gift Of the
people OF utah or the United States would be
other church has dared to attempt such ecclesi-
astl9 inyaslon OF congress; The election Of Apos5
actually be the election Of the viii OF the Nor
mon first presidency and twelve apostles 10 that
As consistent member OF the Mormon Apostle
IL te Apostle Snoo' cannot make an important move
without gettGg permission or taxing counse! OF ne
quorum of Mormon high priests which he be-
f-sT as a Mormon APOSTLE and second or third q :
citizen OF Utah and patriotic American
APOSTLE s5ot to the UniteS states Senate because
the ma jority OF The Mormon Apostolate, 20 which
are living in polygamous relations, In violation or
covenants made 70 the people OF the United States
Utah The two three apostles VINO may be liv-
ing homogeneous lives are obliged 70 defend the
riage. ard 10 wink At the lawbreakng poiygamous
relation OF their fellow apostles.
The Mormon Apostoate stands as one man be
oiIa gir or connivine al the continuance OF polvg-
The vigorous and rigorous execution Of d law IKE
the Edmunds-cLucker lay il this State would dTy7
twelve months. and Apostle Smoot dare not op-
such DOlygamOuS conditions.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
SPANISH WAR CLAIMS.
COMMISSION DEFINES THE PRINCIPLES
WHICH WILL GOVERN ITS DECISIONS

washington, Nov. 24-The Spanish Claims
commission has enunciated the principles bv
"Hich II VIII be governed in passing on the
various demurrers which have been submitted
70 II IN connection with the claims now under
CONSIDERATION on account Of the war between
opa-n and Cuba The general basis is laid down
mat IN assuming the responsibility which would
Otherwise haze been SPANS the United States
is bound to pay all claims for which Spain could
nave been held. It is further held that the in
surrection in Cuba had gone beyond the control
OF the Spanish Government, and that it was
not responsible for damages done TO foreig ners
oy the insurgents. If, however. it be shown
that the Spanish authorities might have pre-
vented the damage done in any particular case
oy the exercise Of due diligence the commission
announces that 1t will hold that Spain was
liable
The commission announces further that it will
take judicial notice that the Cuban instruction
passed from the first beyond the control of
spain, and so continued until the Intervention
OF the United States It is further held that
spain was entitled to adopt such war measures
TOT the recovery Of her authority as are sane
TONED by the rules and usages Of international
warfare If. however. il be alleged and proved
In any particular case that the acts of the
Spanish authorities or soldiers were contrary
TO such rules and usages Spain will be held
-N0-S III mat case his decision does not, now
ever, go 10 the extent OF saying that the recon
centration orders were legitimate acts Of war.
There Is to be further argument on that subject.
Ex-senator Chandler, chairman of the COM
mission, and Commissioner Maury dissent from
the rules adopted. Mr.. Maury says he has
reached the conclusion in considering Article VII
OF the Paris Peace Treaty that by the phrase,
all claims for indemnity" the high contracting
parties intended to include all losses and injuries
TO the persons or property Of American citizens
resulting from the instruction, the conditions
Of which this government, through its execu-
I'VE department declared TO be abhorrent and
shocking to the moral sense of the people of the
United States
Ex-senator Chandler says in written opinion
mat ne concurs in the general principles of
commissioner Maurys dissent with the qualif-
cation that "it still remains open TO the de-
fendant 70 limit relieve from liability by
PROOF that in a particular case the Spanish
authorities asserting sovereignty and control,
were actually attempting to protect. and failed
IN dong so because they were then and there
unable 70 prevent the injuries complained Of"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
LEXOW CALLS ". S. 7. ALLEN SANE.
The EX-SENATOR SAYS He THOUGHT HIS
CLIENT WAS IN PARIS. ENJOYING
HIS MONEY
10y TELEGRAPH TO THE TRIBuSE.I

Nyack. y. Y. Nov. 2+.-Ex- Senator Clarence
L%1oW. counsel for William 5 Vanderbilt Allen
was seen at his home here tonight. and fully ex-
pressed MS belief that his friend Allen. who had
been in sanatorlum at Westport, Conn. for SIX
years, was perfectly sane. Mr.. Lexow means by
thorough investigation determine whether this IS
so or not, and will leave nothing undone in his
investigation. he said
I received two letters from Mr.. Allen this morn
ing-oue an ordinary letter, ana the other a regis
tered letter. bOtn related TO my acting as mis-
coUnse! in this matter II Mr. Allen insane and
he is so adJudgeo, then ne should be kept in this
state, and not II another. as at present The whole
matter IS at present pUZZlng one 10 ne for /
do not know why he has been locked up in a
sanatorium for the last six years and hnd this
out is one OF the principal points OF the nvestga
ton
I was counsel for Mr.. Allen some ten years ago
IN case by, which saved him a large sum OF
money. so had occasion 10 know the man thor
oUghly. and founu him 70 be clear headed and per
fectly lucid always. OF course. I have not seen
him in a long time, and, with other friends thought
he was In Paris enjoying himself with hts money
! was very much surprised last week 10 learn Of
his wherea bouts. and certainly feel that he has
beer untusty treated in being allowed 70 COM
municate with his friends when ne wanted 70.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
CAN STATE PUNISH UNION9
NO POWER TO ACT IN EXPELLED GUARDS
MANS CASE. SAYS ATTORNEY GENERAL.
rBy TELEGRAPH TO THE rRIRUN

by TELEGRAPH TO THE TRIRUNEl
Albany. Nov 24.-Attorney General Davies has
submitted an opinion to Governor Odeu in the case
Of William Potter who expelled from the
Painters Union OF Schenectady on the ground that
he is a member OF the National Guard, holding
that the State authorities have no legal power to
proceed against the Painters Union. No charge.
II is held can be brought against the union for
conspiracy, there is proof that the union did
anything more than inform Potter's employers that
he was a non-uuion worker
Attorney General Davies said tonight: The
opinion Of Alton 3. Parker Chief Judge of the
Court of Appeals. in the Of the National Pro-
tective Association Of Steam Filters and Helpers
against James NJ. Cumming discloses the law in
the Potter case"
The Attorney General said he had given quota
tons from this opinion Of Judge Parker IN the
statement he had made TO the Governor about the
Potter case. The which led 70 this opinion OF
Judge Parker was which arose from the re
fsal Of che labor union to permit its members TO
work with the members OF a rival organization IN
his opiuion Judge Parker said the reasons # men
orga rized for purposes deemed beneficial 10 them
selves for refusing to work might inadequate
~ others. but II IL 10 be in their interest
members Of an ORGANIZATION TO refuse longer TO
work il is their legal right 70 stop: go
He added: A labor organization IS endowed with
r-ecseIv the same legal right as Is an ind Vicual.
r. threaten to do that which IL may lawfully DO
TIdges O'Brien Haight ard Gray while a dissent
80 Soririon written by Judge Vann was concurred
i1.s ~ Judges Bartlett and Martin.
Generals opinion public. II is suspected
nee II as basis for some comment IN his
a ne I1te' message to the Legislature
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
COMMITS SUICIDE on ROOF.
SERVANT WAS ONCE WELL TO DO IN
LARCHMONT-HER HUSBAND AN IN
SANE MURDERER.

Mrs. Annie Palmer, thirty years old. once we'll
TODD woman. with home and property in L4rch-
mont committed suicide last night in the home Of
J. E Van Doren, publisher in the Monticello, an
apartment house at No 400 West End-ave., where
she had been employed. No reason for her act is
known. Her husband is patient in the Mattea-
wan Insane Asylum for Criminals He killed
brother in Larchuont years ago.
The woman was hired by the Van Dozens about
eight months ago. She acted queerly. they said
yesterday. Mrs Van Doren especially noting It as
the washing. In the late afternoon
and early evening she hanging clothes the
roof TO dry. Others doing likewise and
noticed her actions, though not attaching any sig
nihCance to them
The elevator boy her fall on the roof. and
he told the superintendent. W. S. SchmtZ.
Schrnitz and Van Doren ran 70 the roof and found
the woman suffering from carbolc acid poisoning.
A bottle that had contained the poison lay on the
roof They carried her TO the Van Doren apart
rnents, and DIT. Meara, across the hall. called
Before he could aid her she died
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
OUTLOOK FOR LEGISLATION.
BILL ABoLIsHING CoRONERs HERE TO BE
INTRODUCED.


INTRODUCED.
Colonel George ". Dunn chairman OF the Re-
publican State Committee. WHO has been at his
home in Binghamton since election. returned TO
the city yesterday, and at the Fifth Avenue
Hotel William Barnes. r. chairman Of the ex-
ecuttve committee, also at the Fifth Avenue
and was in consultation with Colonel Dunn Sen
ator Plat had talk with Colonel Dunn and Mr.
Barnes
Senator P. H McCarren, OF Brooklyn, called on
Colonel Dunn yesterday II was understood that
Senator McCarrens call was in reference 10 Demo
cratic appointments committees. The Senator
had little 10 say. except that possibly legislation
might be introduced at the coming session TO turn
aside revenue now derived for the State as from
excise taxation in New-York City. and give II 10
the city direct The Senator said this would give
the local adminstra ton chance TO reduce the tax
levy.
1t said yesterday thar Senator MaIby would
be named as chairman OF the Senate Finance Com
mittee to succeed Senator Higgins. Lieutenant
Governol-elect. Senator White it is understood
is TO be chairman OF the Senate Cities Committee
to succeed Senator Stranahan. now Collector of
the Port
There has been q great deal OF talk about
reorganization Of the Republican County Com
mittee. II has been said that in Kings County
there is TO be a change also. II may be stated
upon the lest of authority that in New-York
County no change Of Importance viii be made
Robert C. Morris is to be reelected president OF
the county committee Some change NAV be made
in the methods of campaign direction. and new
committees may be devised but no startling de-
partures will be effected 1t is known that keen
tactionai night IN the county committee was avert
ed by the diplomatic and peacenak.n policy OF
Governor Odell. When ne here last week he
averted an open rupture in the committee. some
influential Republicans wanted Mr.. Morris removed
and thorough reorganization effected. This Gov
ernor Odel vetoed, and the committee will remain
now constituted.
Governor OdeN Will be in the city on Saturday
He will then talk with Senator Plat over va rios
appointments that he is to make after the + 81 OF
the year. II is understood Dr. Dorv is 10 ~
Leappointed Health Officer of the Port. Francis
Hendricks. OF Syracuse, is to be State Superin-
tendent of Insurance again. 1t is understood that
The Governor will have introduced at the coming
session OF the legislature bill abolish the ONCE
Of coroner in this city and that il will become a
law.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
CEN cH4FFFE SEES THE PRESIDENT
REDUCTION OF THE PHILIPPINE ARMY DIS
cr-esrD WITH SECRETARY ROOT

pr1r-rr1oN OF THE PHILIPPINE ARMY DIS
crJssEp WITH SECRETARY ROOT
-.--,,-u.o, Nov. 24-Mator General Adna R.
800 who has Just assumed command OF the
enartment of the East after his long service IN
+bs Pbnippines. reported TO Secretary Root to-day
He appeared uniform and on ms arrival helo an
5-,,rornntu reception in the Secretarys once
Tster accompanied by Adjutant General Corbin,
he made Official calls on Secretary Hay and Sec
retarv Moody. He had long talk with secretary
ro+ bout conditions in the Philippines. with espe-
ference 10 the nans OF the depat tinehl Tor
the reduction OF the army there A che result %
W. Recommendations a general ORDER relatFs 10
Us method of reducing the army VIII be issued.
in the day Secretary Root acco npaIled
general Chaffee and tie latters sld Captaln tlna
80, 70 th4 executive offices and presented them
G ~ = prasident few minutes after they reached
tbe Executive Offices they were joined by AdJutant
General CorbIn The President cordlaHy GongTatu Z
lated General Chaffee on his work IN emma ana
li 4 ftsT feaVing the executive olllceS, Genera!
chaffee went luncheon WITH sseneT1i S0roin al
the lattsr's home. Genera Cl3Aiee VIA ~ "
WASHINGTON several days
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
RIG TIMBER LAND PURCHASE.

PAGE & FAIRCHILD COMPANY SELLS IFS IfiiF'I
THOUSAND ACRE TRACT.
1-rica \ Y. Nov. "a (speciaD--The Gould Paper
rr,1s1v Of Lyons Falls. and Charles W. Pratt
Of Boonvtne. have purchased the rage = Falrchitd
-bi,e in Lewis County The pure hase n
cInes all Of the personal property upon the lumber
Tra,t except the manufactured lumber and some
Iops Included in the sale is sne-haf interest IN
the Glenheld and Western FaLsvao' "nlch va
+-,cta5 last year by the PaGe & Fairchild
Company to get It's product to market by rail The
80 Is about eight miles long. and runs from
GIerheId on the Rome Watertown and Og9e ms
pCI5nsnv The Gould Paper Company has oougnt
~. tract contains thirty thousand acres of
land and is one Of the best timber growing
an+io-s in the State The purchase price was said
70 be s-50cOO. The purchasers have taken posses
-. Tbs ollp wood and logs from the tract Will
- used in the Gould paper mill AT Lyons Falls and
he Pratt mill in Carthage
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
CENTRAL WILL MAKE AN EXAMINATION

President Newman OF the New-York Central Rail
road gave hearing yesterday morning 70 COM
rofrreA of citizens The Bronx who want the rail-
way company to build a station at One-hundred-
fortv-ninth-st where the tracks OF the Central
ard OF the New-Haven lines meet the route Of the
rand transit subway. The hearing was in private
Al its conclusion Joseph 5. Wood OF the Mount
Vernon Board Of Trade. who headed the commit
tee said that Mr. Newman had declined 10 promise
anything
we are satisfied, however" he said Mr. New
man told US that his company is in favor Of the
establishment of distributing points or stations
rbere thew will help relieve the Centrals suburban
t-aN5c EIe would not say that a station should DC
nut where we want one but he promised 10 pave pave
examined with reference 70 It's ADAPT
oLj1,tJS FOR = station That's all We expected
Tba Committee consisted Of Mr.. Wood, ". w
,-ti,E Alderman J. H Behrmann. Tax Cornnnls-
sio1sr Wells ]. Clarence Davies. Clinton stevens
ana Charles D. Storer-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-25
TREsp4ssED WITH AUTOMOBILE.
JUDGE GIVES DAMAGES AGAINST WILLIAM
" BEACH
by TELEGRAPH TO THE TRBUxE.I


Stamford Conn. Nov. 24-In the City Court here
today Judge y. c. Downs made a decision in the
civil suit Of william F. Netting. Of New-York.
against William y. Beach wealthy New-York
cluS-nan and autoist. for trespass in an automo-
BILE which gives the plaintiff SO damages and
statutory costs against both Beach and Albert
Bsiy. his chauffeur. who was joint defendant The
was tried here 2 te% DAYS ago. and aroused
much interest among the wealthy class Netting
and Beach are both wealthy. They were neigh
oors az shppan Point in September when the
trespass occurred Beach admitted tespassing on
M Meetings. property in his aut9mqoiie, but e&-
cUse6 the trespass the ground that ne went
after lis hat which the wind blew OF His coun-
SCI make one OF nc ere technical
trespass but in a memorandum submitted with his
decision Judge Downs declared ma case where ex-
empary damages could be awarded. but added that
as 70 evidence was add1ced .lootang toward this
end he was compelled 20 make qnding on the
facts as admitted O. proved The learned Judge
scored Bea en- roundly for driving on his way as II
nothing had occurred. and without even stopping
70 apologize when observed that the plalutiu
was disturbed and annoyed de declared, 100
that the presence OF q large high power machine
Of the kind in question ones premises against
his wishes with the noise and dust incident 70 It's
use, should not be treated as a mere technical
sntry upon land