davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
The Old Panama Company.

Paris. Dec. SO.-The annual meet
ing of the French Panama Company
today was the occasion Of an uproar
ious tumult. II was loudest when the
secretary alluded to the independence
Of the Panama republic, and warned
stockholders Of the danger OF the com
many being repudiated by Colombia
should they open negotiations with
the new state. The meeting closed al
ter approving the accounts OF tho
nast year and the commissioners were
reelected.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

take a pleasant herb drink, u NEXT
morning | feel bright and WON.
plexion is better. My doctor II
acts gently on the syOmache, hveAnd
Kidneys, and is a pleasant laxauV4 VI
ls made Of herbs. and is prepared s
easily as tea. II is called Lanes 10
icine. All druggists sell 1t At See ~
50 cents. Lanes Family Medlein'
moves the bowels each day. II y
cannot get II, send for free sample
Address, Orator woodward, Lehe
N Y
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
COHSUTHD DElOR

is disease of civilization. When IN.
indian was a stranger to the white man
ne had no name in his vocabulary for
this dreaded malady. '0'
without arguing as to the curabilitv
oMi M consumption, it may be stated posi.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
wAsHINe WITHOUT WATER
u Like Trying 10 Get Rid Of Dandrun
without HerDicide.

without HerDieide.
Did you ever see any one trying 20
wash themselves without soap OK
Water2
II you did what would you say OF
him2
M a every hit A. foolish 10 try 10 get
-td OF Dandrun and 20 prevent bald-
sss by feeding the germs when eauso l.
(, with Canthrarides. Vaseline, eiyo .
ne and similar substances Mhlch io.,.. -
ehe Principal ingredients OF most y
called Hair Vigors. =.
Newoigs Herpicide is sneeesSlv1 sitie
gera Whlc. feeds on the hair roots-
IL . the original and only sehuin'
scalp germiude manufactured
sold BY leadlR druggists. send ioo; - ~
stamps SStAmps Tor sanlie to The Herplelas S0''
Detroit. Mich.
Daniel J. Fry. Special Agent
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

Eugene Ware, pension commls-
sioner says ii he ever moves away
from Topeka, Kan, it will be to
come to Portland. Or. TO reside per
manently.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

A member Of the Stanford UniVef
s,tv Glee Club was arrested In ore
pon CITY Monday for stealing a sow
enir silver spoon from saloon mere
He was searched, and the spoon was
moi found. The club left town IN
very rufied state Of mind over tne III
cident
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
eoRrLANp MA

PORTLAND MA
wheat-Walla VILLA, 20. p
Valley-7sc. a,
Flour-Portland. best ga ..7sm -
,s.s5; graham, 's.75. " 81 81
oats--Choice White, 6llA -
Barley-Feed. $50 per Ton u.d ~
s2l
Millstuf-Bran, SIS 81
Hay-Timothy, SIS
potatoes-50qGOc "
Eges-Oregon ranch, sIhc
ponltry-Chlckens. miyed'
1OiSe Der pound; spring, lie turH n'
live. l2G14c.
IN 'Wutton-Dressed, 5Gec.
Pork-Dressed. 6q6he.
1oef-Dressed, 5Q6&e.
Veal-SGS'e.
Hops-i9Os crop. 15Q22e. -.
wool - valley, 170ise; EAs's
Oregon. l20150; Mohair' Sbgs'he,
Hides-dry. 10 pounds An'- uDvaf'
IS 20 1bAe .o1,ss,l.. a
cv creamery soc; store lsVlehe'
1 -
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

Hs,, sweet cldsr--ssnd your order y
The nearest grocery, or can ~
phone l21. Gideon StolE 4 %.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
WANTED.

Wanted.-To buy, a horse to weigh
1900 or more; good life. for buss.
Willamette Hotel. 12-26.tf
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
LOST ANo FOUND.

Lost or stolen-From my place OF
business, in Salem, shotgun hav
ing copper band around stock
Proper reward for return OF same
NJ. L. Hamilton, SaIem, Oregon.
12-24.1wk
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

CAST - IA X A.
sThs kl3 fss Haze Nnsgl bAA
'''::.'" &1H12zMx
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

Poultry-at stelner's Market.
Chickens-S09c.
Eggs-Per dozen 23c.
Turkeys-12h 615c.
Ducks-9d10c.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
pREssMAKERs.

Mrs. L. campbeIl--Does dressmaking
at her home. on the car line, near
the South Salem cemetery. Country
trade solicited li-lS'im-d-w
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
Hop Market

Hops-19Q22c.
Potatoes, Vegetables, Etc.
Potatoes-30c.
Onions-1hc.
Dried Fruits.
Peaches-10c.
Apricots--1Oc.
Apples-1Oc.
Petite prunes-4c.
Italian prunes-5c.
Wood, Pence Posts, Et&
Big fr-$4.00.
Second,growth-S3s0.
Afh-s3.O0 10 S3.75.
Body oak-s45O.
Pole oRk-S4.00.
Cedar posts-12hc.
\ HIdeG PsIts ard surS
Green Hides, No. 1-5c.
. Green Hiaes, No. 2-4o.
Aalf Shns-4Q5c.
heep-75c.
Nat SkinH-2bc TO S1.0e.
Grain Ane Flour.
y Vat, Salem Flourins Mills, sI
r porNlue, CSC,
e oak ks2c.
: bar $3.50 per ton.
u ElouW Wholesale. $3.50.
!. s,..,IIvs stock Market
h Cows@
+ SheGpA
& Dressed We've.
e Dressed Ne.
YHeas.i%OsAc,( OOund.
e Baled cheat-N
e Bale cloyer-Su1
a Bran-32O. w.
II shorts-S2i
ID creamsry ans s...,..,.
II Good dairy buttey a ~
In Creamery butter
!, Cream-separator .A .,
Com. Creamery. SOe. n"
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
Future Uses of Old Age.

(Success.)
Our old mon are going to be our
future workers, II we are to credit a
theory propounded in the recent work
Of Professor Ell Metchnlkoff, OF the
Pasteur institute In Tarls. He re.
minds us that In the case Of some OF
the most industrious Of the lower
creatures, such as ants, and bees, the
workers are distinct from the breeders
a third or neutral sex having been
evolved by modification OF one or both
OF the others. With man no neutral
sex has appeared, but both sexes
cease the world OF reproduction at d
fixed period in life. This. then, Is
the most favorable period for work
and when science has eliminated the
lnhrmlties OF age. as Professor Met
chnlkon believes II is now able, and
soon will be able. to do, the aged
will be the most vigorous and efficient
toilers. This Is paradoxieal conclu
sion. aud one that will hardly gain
the consent Of all psychologists.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
AAAAAAAAAAAAA
%Market Quotations Today y
= MAKE Salem a Good Home Market" II
&XWYYYYYYYYYW

Capital City Mills Quotations.
Bryant & Pennell, Props.
Wheat-77c.
Buckwhoat-S0c
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
pnyslclAN ANo sURoEoN.

pr W. 5. Mott--Will hereafter Ds
found IN tho Brey block, zfbh Com
merclal street, over Oregon bhot
90. once telephOne, 1851 rop.
denee phone, 27Bi. once hours
10 ~. and 70 D. .------
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

For saIe.-Fine seoondgrowth maple
and ash wood Delivered to any
part OF city. Apply TO J. w. Man.
ley. Phone 2O75 Black. or call at
home west OF brick store. South
Salem. 12.2S.1mo
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

MoleTs Barber colIs0s-of Salt Lake
City. offers advantages in teaching
the trade that cannot be had else
where. Avoid schools the Oregon
and California BARRIERS new laws
are apt 10 close at any time. Write
today for our special offer TO dis
tant students. l2-l0-lm'
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
MIscELLANEoUs.

Or. Harrison seovell.--suggostlve
therapeutics Osteopathy. Nervous
and functional diseases. Rooms 4,
: and 6, darcy building. Phone
2S55 Main. i'l-im
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

tJnlous Cleaning Ro0ms-eha~ q
johnson. the cleaners. are nov 20
Gated at 200 Commercial ssoet
They DO q general pressing ana -
pairing business Speciaities; 1hirts
sllk waists, KID gloves, gents eiOth
inT e4e. PhOns 1914 b-ztiyr.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31
FOR SALE.

For sale.--At a bargain, a good house
and lot, with suitabls outbulldings:
seven-room house; 1Sth and Hines
street, two blocks south of Yew Park
school house; y block from street
car line. o. b. Miles 12.26.st
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

Lost-Small, shaggy, white dog, bob
tail, black ring around tail and
eyes, ears black; answers to name
OF Bob" Deliver TO 191 Marion
street, aud receive reward. 12-2S-3t
Money Found.--Anyone would feel a
thrill OF pleasure to pick up a silver
half-dollar on the highway, They
are lying around ready TO pick up
(no capital required) II you are
willing TO rustic and can talk only
/. little bit. Good for either sex, young
or old. Address or call at Journal
office 12-lO.u
FOR SALE.
Se~~S~S~~~~~~-~~~-~~~
For sae.-A few cords Of dry oak
wood. Anyone wishing same leave
orders at d. A. White & Sons feed
store, Commercial street. 1226-Stf
For sale.-Three Thoroughbred Poland
China boar pigs, ready for service.
Apply to II. A. Clark, five blocks
east OF Lincoln school, Pleasant
Home addition. 12-303t'
For sale.-Gentle driving nag; price
$50 On Chapman place, Garden
Road. lz'30'3t'
Choice Farm For Sale.-Three miles
northwest from Brooks, having
dwelling house, barn and two hop
houses, with 80 acres Of hops, bal
ance farming land. with running
water, except enough choice timber
TO supply the place. NJ. J. Egan.
11.12-tf
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

sAy-HaVs you tried Edwards a Lusch'
eTs for meats We have the best
sausage In town. Come and try II,
and be convinced. 40 East State
etreel
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

Salem Truck and Dray co.--Oldess
and best equipped company In 81
lem. Piano ard furniture moving
a specially once phone. sSi. W.
W. Brown a Son. proprietor once
No. go State street tl.lm
Or. z. M. Parvln-At 297 Commercial
street. upstairs Singing school
fundamental and sight reading class
es. Begins Wednesday evening. 90
tobsr ilth. Class every WedneS
day evening 70 May lat. next TUT
ton, 900.
Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-31

The Proper Thlno-The popular
drink for family use Is O. D. soda
and earbOnated beverages. Every
body should keep these goods ~
their homes. Call up Gideon StolH
Co. phone AL.
The Montgomery advertiser., 1903-10-07
Geo. p. Haardt X BrO.,
 B Con. nerce St. Telephone 3oo

fusely decorated in red and white, the ar tillery colors. Rev. R. R. Harris, the rector, reau the impressive Ep scopal marriage service. To the strains of Mem deissohns wedding march, played by Miss Annie smith, the bridal party en- tered. The ushers were Robert Simpson and Robert Martin. After them came Miss Julia byrd of Eutaw. Ala, gowned Tn white French organdie and carrying red carnations. She was followed by Miss Anna Burn Adams of Birmingham, similarly gowned and also carrying red carnations Mss Laura Byrd or Eutaw, the maid of honor, entered with Frank w. Irvine, the Eroomsman. Mrs. Turner Rice, the sister of the brIde, came next escorted by MT. Rice and exquistely gowned in white point d'esprit over silk; she wore a half veil and carried white carnations. Immediately proceeding the bride came Master Nlcnolas Simpson, the ring bearer, dressed in a white military suit.
 The bride. exquisitely dressed in a toile of white tulle made over white silk witt duchess lace trimmings, entered on the arm of Lieutenant Jones, in full dress uniform. She carried a shower bouuuet of brioe's roscs.
 After the wedding a reception was given the bridal party by Mir. and Mrs. Turner Rice.
 At 11:5 Lieutenant and Mrs. Jones left for Mobile to be the guests of Colonel and Mrs. Harvey Jones, before their departure for Fort Casweil, where the groom Is sta. toned.
The Montgomery advertiser., 1903-10-07
WAGES ARE REDUCED
MINERS WILL STAND BY THEIR
 CONTRACT.
Surprise Expressed Because Tennes- see and sloss Companles Have Different Cuts In Prices to
 Be Paid Miners.

Birmingham, Oct. 6.-(special. .)-Follow- ing the announcement that there was 2 reduction in the wages of the coal miners brought about by the iron selling prices falling. the miners wage being based on the iron selling prices. there Is mpcn sur prise In the fact that the Tennessee Coai' Iron and Railroad Company is having a reduction Of cents per ton in the mn. ing wage and the Sloss- Sheffield steer and Iron Company only two and naii cents on the ton The two companies are members of the Southern Furnace Association and are supposed to strictly adhere to regular prices While It IS true that the average of all sales were taken and there could be some difference by reason of the one campny selling mgh fundry iron and another selling low grade foundry and gray forge iron. still there would not be such a difference as IS noted. The miners are not discontented being willing to adhere to their contract to the letter and all work this month will be at the reduced rate. The miners will receive thedr September pay on the 11th inst and thereafter every two weeks they will have pay day.
The Montgomery advertiser., 1903-10-07
YOU WILL BE
 ALL SMILES AGAIN
Forget Your Stomach and You'll Have a Santa Claus Face
HOW TO DO IT.

If there is one thing more than all oth- CTS that will give a man a forlorn and frfendless appearance and make him mor- bid and cranky" and disaSrceabl ble. that thing Is dyspepsia. It makes one forget his friends and become morose and irrita- ble. He Is so wrapped up in his own mis- cry that he Is inconsiderate of every one else Relieved of this terrible and de- pressing ailment. he again becomes good fellow and man among men.
 Stuart's Dyspepsia Tablets are beyond question the most effective and popular remedy ever offered to the sufferers of this terrible disease. The thousands and about and the enormous increase of their sales fully attest the truth of this state- ment.
 They are. above all, a natural remedy. They possess exactly the same properties that the gastric juices and other digestive fluids of the stomach possess. and they actually do the digestive work of the stomach and enable that organ to rest and reCuperate and become sound and well, They act in a mild. natural manner and cause no disturbance in the digestive organs. They prevent any fermentation of the food which causes sour stomach In fact. under their influence the subject forgets that he has "a stomach and his resulting cheerfulness presents a great contrast to his former deJect!on
 Millions of boxes of Stuart's Dyspepsia Tablets are sold annually and they are but in the dawn of their popularity. Ev- cry mall brings letters of thanksgiving from grateful ones who have been cured of this terrible disease. The following Is one of hundreds received each week:
 Rev. J. R. Hoag of Wymore. Neb writes. For six years have been trou- bled with dyspepsia. Last fall l became very much alarmed at some symptoms of heart trouble and came to believe there was a sympathetic relation between the two diseases. or. rather, that the stomach trouble was the cause of the heart dis turbances. hit upon Stuart's Dyspepsia Tablets for remedy and invested dol lar and a half for three boxes which lasted me three months, and can eat any kind of food want and have a good, vigorous appetite. Although l am v i years old, I now feel perfectly well and without being requested by anyone l make this statement as compliment to the virtues of Stuart's Dyspepsia Tab l lets"
 stuarts Dyspepsia Tablets are for sale | by all druggists at 50 cts a box. wed-fri-sun.
The Montgomery advertiser., 1903-10-07
Labor Federation a Menace.

Boston. Oct. 6.-In addressing the special commission on relations between employers and employe at a hearing to- day, Samuel Davenport of Bridgeport, Conn. agent of the American Anti Boy colt Association said that he thought the commission was satisfied that the boycott was an illegal weapon, and that the American Federation of Labor, com bination of 1.4OO.0GO men was a menace in that its enormous power rested in the hands of it's president. He said that it should be made plain that every mem Der of q union was responsible for the illegal acts of it's officers in declaring a boycott.
The Montgomery advertiser., 1903-10-07
Mobile Society News.

Professor and Mrs Ernest Fenallos | left Sunday night for New York. where the Professor will deliver a series of lec- lures on Japan. During their absence of month their Spring Hill home will be occupied by Mir. and Mrs James Hope Glennon, Mrs. GIennon being Mrs. Fen-- allosa's sister
 The Fenallosa home. by the way. is de- scribed by those who have seen 1t. as marvellously beautiful During their res idence in Japan, Professor and Mrs. Fen allosa had unusual opportunities for col lecting rare and beautiful objects. of which they availed themselves to the ut most These exquisite specimens of Ja- panese art are now gathered In the Spring Hill home. which has been named by their owners the Japanese equivalent of Little Happiness" There are rare brass ewers of exquisite workmanship, rich hangngs, a unique collection of screens, prayer bells fastened in Japanese fashion to the ve- randa pillars to be touched into music by each passing breath of wind, and there are even bits of the interior of Japanese | temples. During the Fenalosa last visit | to Japan, there was a change in the re- llgion of the country, and the old temples ] were overthrown. Professor Fenallosa
The Montgomery advertiser., 1903-10-07
Reunion will Be Success.

The State reunion cf the Confederate Veterans in Birmingham November 4tn and 5th. promises to be the largest ever held. The Birmingham Commer ial ClrD has arppdntcd committee to assist tn local camp of veterans n preparing for the reunion and to assist in the enter tainment Of the veterans and thei" friends here mex. mo nth. It Is expected that no less than 3,0oc veterans will be here an double that number of visitors The ral,- roads have granted very low rate fo, the occasien
The Montgomery advertiser., 1903-10-07

was at the time making a Japanese col- lection for George vanderbiit's palace, biitmore, and he secured many of these treasures for Vanderbilt and himself as we'll
 Amdpg the screens collected by them and used in their home, Is one 600 years old, sfx-panelled enormous affair repre- senting peacock In all his sorgeousness, and this alone 1t is a privilege to see.
 The reception room is unique. In Jspa- nese style. the floor Is colored Mazarin blue and the ornaments and hangings are all In the same color, except those that are brass. Here. Mrs. Fenallosa serves tea In true Oriental fashion on state occa- sions. wearing kimona. of which gar- ments she has a handsome collection.
 The garden. too. Is a bit of transported Japan. Five hundred Japanese plants were brought over to beautify this ideal spot. and although five weeks or more in transit, not one was lost. and all are fourishing in their new adopted home.
 It Is in this artistic spot that Professor tours. and it is here that his talented wife finds the inspiration that flows from her poetry-tipped pen.
 Mrs M-upin is expecting a visit shortly from her daughter. Mrs. Ferguson. who. as Miss Willie Maupin. was one of Mo- bile's prettiest girls.
 Mir. R H. Clarke returned last evening from his summer trip. spent wit hhis fam fly in the North. Mrs. Clarke will not return until later.
 Major and Mrs. James K. Glennon and Misses Florence and Grace Glennon have returned from a visit to French LICK Springs.
 Mir Henry Hall left today for Pensa- cola to be present at the Cary-Wright wedding.
 Mrs. H. P. vass and Miss Louise are visiting in Louisville, Ky.
The Montgomery advertiser., 1903-10-07
KNOWN IN TUSCALOOSA.
Burdine and Hays Formerly Lived
 in That Town.


 Tuscaloosa, Oct. 6.-(Special .)-The news of the death of Dalton Burdine wnicn oc- cured at Louisville, Ky, Sunoay altSI noon, while he and his cousin. w. U. Hays were out boating and were attack- ed by several negroes. was learned "i.h much regret here. MT. Burdine was resident of Tuscaloosa during his cnio- hood and had a great many friends. MT. Hays. who was also attacked by the negroes, is also Tuscaloosa boy being the son of pr. J. B. Hays. In response to a telegram sent by pr. Hays. a reply was received late yesterday afternoon from the chief of police of Louisville stating that MT. Hays was not seriously injured. The affair was a most deplora- ble one and is much regretted by the many friends of the young men here.
 The following Is the able faculty of the Tuscaloosa graded schools. which had such an suspicious opening yesterday Superintendent, Professor James Henry Foster: principal high school. Professor R. T. Stripjling; principal commercial de- partment. Miss Ella King; first grade. Miss Mary Miner; junior first grade. Miss Julia Smith; second grade. Miss Min nie Cox; third grade. Miss Mary Gray Nicholson; fourth grade. Miss Clara Yer ner: fifth grade. Miss Olive May; sixth grade, Miss Alice Wildman; seventh grade Miss Anna Baker
 Mrs Charles P. Orr of Birmingham. president of the Alabama Federation of Women's Clubs is in the city the guest of Mrs. Ellen Peter-Bryce. Mrs. Orr is arranging with the local committee in | regard to the program for the Federation which meets here in November.
The Montgomery advertiser., 1903-10-07
Confessed to Theft.

J. c. Cunningham. young white man who was arrested in Memphis on a tele- gram from this city charging larceny of some valuable jewelry from his room mate, George W. Baker, and who was brought back. has made a full confession and is making amends for all that was taken. The young man tells officials that he was led astray by a gambler and that he Is sorry for what happened The gar1- Der came here from Tampa, Fla. No charges are made against the gambler
 Cunningham has made bond and has pal Baker for all missing articles of jeweiry
The Montgomery advertiser., 1903-10-07
May Bring in Laborers.

Captain s. CatsnZano. the representa- tive of the Italian consul in this city, has gone to New Orelans, for the purpose of oonferring with the agents of tn. Italian Steamship Company looking to the bringing of several hundred Italian laberers to this district. A steamship direct from Italy will arrive at New Or leans in few days and Captain Catan- zano expects to be able to procure large number of hands for this section Captain Catanzano announces that in the last fou, ysars his countrymen have purchased more than N25,000 worth of property iI Birminsht m and the immediate Birming ham district
The Montgomery advertiser., 1903-10-07
thefts committed all over tbs country b,

thefts committed all over the country by man known as Louis c. McDowell He was arrested here while posing in Fifth Avenue shop as J. P. Morgan, Jr. Hav- ing selected $3CO opera cloak. he said he would take 1t along in his carriage and the money would be forwarded from his office The clerk became suspicious, and after parleying Brown made a dash for the street with the cloak. Two detectives happened to be nearby and caught him. They believe he is the man referred to in the clippings and that he has operated in Cleveland. Chicago. St. Louis, Milwaukee and many other places.
The Montgomery advertiser., 1903-10-07
Importers Relieved

Washington, Oct. 6.-In view of the fac that the only bounty-fed cane sugar i'm ported into the United States comes iron the Argentine Republic. the Treasury De partment has issued a circular relievin, importers from the necessity of furnishin, the evidence of identity required as t beet sugars. Thus all cane sugars exceu Argentine can be brought in under tn, consular certificate of origin heretofor, required.
The Montgomery advertiser., 1903-10-07
Found for Christian sc;ono,

Concord. N. H.. Oct. GA decision of the Supreme Court today In favor of the defendant. in suit brought against Re- C. Tomlinson. first reader in the Chris tan Science Church here. by Mrs. Jennie sPeeo IS taken as establishing the right or Christian Science doctors to nractico in this States. The complainants held tbn Mir. Tomlinson's treatment of a case or appendicitis by Christian Science methods was malpractice. The lower court found for the complainant and today tbo Supreme Court overruled that finding