davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
CRACK SHOTS MEET.
New Brunswick Rifiemen Defeat, $50
to 727, the Nova Scotia Team.

st. John, N. B., June 9.-New Bruns-
wick won the provincial rifle
match at Sussex, today, by three
points. The score was New Bruns-
wick, 1870; Nova Scotia, 727. The
Prince Edward Island team did not ar
rive.
The conditions were teams Of eight
men. seven shots at 200, 500 and 600
yards. The score was within five
points of the record. held by Nova
Scotia.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10

heads and were exposed to the Rus
sian fire. One sailor and one petty Of
ficer were killed in the operation, but
the boats escaped uninjured.
Admiral Kataoka reports that on
June he landed men on Sanchan and
Taku islands in Talienwan bay for the
purpose of making a reconnaissance.
They found many of the buildings
thereon were only partially destroyed.
In the hospitals some supplies were
also found.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
DOUBTFUL QUESTION
As to Whether or Not Doctor MAY Visit
the Prisoners,

Iangfer, June 9.-United States Consul
iummere says he doubts whether Raisuli
Will give safe conduct of the doctor OF
the Baltimore to go and return If he
goes ne will be accompanied by the
remains unchanged here and in the out
skirts of Tangier
The new pasta has been received favor
ABLY. IL is rumOred at Fec that the
French government has proposed to the
Sultan to adopt measures to assure the
police security of the population at Tan
gier.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
ON KWANTUNe PENINSULA.
Reports from Unofficial Sources OF
Fighting There.

St Petersburg. June 9.-625 P. M
All the reports coming from unofficial
the Ewantung peninsula and the war Of
flee does not question the probable truth
of these reports. They insist that no as
sault has yet been made on the fortress
proper. 1t is considered likely that this
fighting may have been of quite serious
character.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
ETZEL'S DEATH.
Demise of the Correspondent Will B.
Investigated.

Tien Tsin, June 9.-Viceroy Yuan
ShaiKai has sent the Taotai Liu to
New Chwang to investigate the death
of Lewis EtZel. correspondent of the
London Daily Telegraph, who was shot
recently by Chinese imperial soldiers.
1t is now reported that he was foully
dealt with.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
ROWED FIFTY MILES.
Crew Arrives at North Sydney, c. B.,
Vessel Having Burned.

North Sydney. C. B.. June 9.-The crew
Of the French fishing schooner Marie An
toinette arrived here. today, after rowing
20 miles from the wreck of their vessel
which caught fire from the galley stove,
last Tuesday. The crew had time to put
their dories overheard. but were unable
to save much of their property.
The Marie Antoinette was owned by
I.egasse & Co. of st. Pierre. The fisher
men will be sent home by the French con-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
A Stock Exchange Suspension.

New York, June 81. s. Bearns, head
of the Stock Exchange firm Of ]. S.
Bearns & Co.. was. today, suspended
from the privilege Of the Exchange for
one year. The charge against Mr..
Bearns was that he carried specula-
tive account for an employee of another
member of the Stock Exchange.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
A CECIL RHODES HEIR.
Mrs. Virginia Rhodes Baker, Mission
airy, Is Discovered.

Chicago, June "a dispatch to the
Tribune from Asheville, N. c., says:
Mary Virginia Rhodes. said to be one
of the heirs of Cecil Rhodes estate. has
been found i'm Asheville. She Is now
Mrs. Virginia Rhodes Baker. and a
missionary. Mrs. Baker is about As
years old. She has been engaged In
mission work In the Black mountain
district for Il number o. years.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
NELLIE I. White ASHORE.
Lumber Laden Schooner Meets Trouble
on Long Island.

New York. June Capt. Sabean Of the
today. reports that. early today he pass
ed n schooner ashore on Lloyds Neck,
Long Island supposed to be the Nellie 1.
White. lumber laden, from Nova Scotia.
She is well up on the beach and the sea
is breaking over her. Capt. Sabean ex-
pressed the belief that if the heavy north
east wind continues the vessel will go to
DieceS
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
TUESDAY, JUNE q.


7.45 p. m. Presidents reception in
parlors. Ryser's orchestra.
$50 p. IN. First business meeting in
Assembly hall.
S.45 p. m. Ladies's whist and other en-
tertainment in parlors. Music and
light refreshments to follow.
WEDNESDAY, JUNE %.
S.i5 a. m. Trolley trip for ladies' and
guests, conducted by social commit
tee. Seeing Portland, megaphone
lecturer to explain points of interest
Also to visit Fort Williams and
Cape Cottage park.
900 A. NJ. Second business meeting
and election of officers and balloting
for commissioner candidates.
Il NJ. Dinner at your regular hotel.
40 r. M. Trolley from Lafayette
hotel for Custom House wharf. Spec
ial steamer at Las p. M. Sailing trip
passing the new Fort Mckinley and
other interesting points. Thence to
Gem Theatre, Peaks island. Reserved
seats for afternoon performance.
Lunch on steamer returning to the
city.
s p. M. Banquet at Lafayette hotel.
Music by Ryser. Entertainment by
vocal quartet and others during din
ner. Followed by Informal dancing in
Assembly hall.
THURSDAY. JUNE 90.
A shore dinner trip and visit to Bow
don College.
S.45 A. M.-Leave by special trolley for
New Meadows Inn. StOD over at Under
wood Springs park and Casco Castle,
South Freeport, Is to 80 minutes each.
- M.-Shore dinner at New Meadows Inn.
p. M-Sail on this beautiful river or
leave for Brunswick, stopping over at
Mcrrymeeting park for one-half hour.
to p. M.-Visit buildings and grounds
of Rowdoin College under guidance of
students Commencement day.. Visit
Ors may take M. C. r. r. here directly
home or return to Portland at about
430 p. NJ.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
CHINESE STORIES.
They Tell Of Engagements at Port
Arthur. =

Che Foo. June 9.-3 P. MA China
men from Port Arthur says that while
the party of Chinese with whom he ar
rived, today. was in Port Arthur dur
ing the bombardment which took place
on the night of June 6. they left at day
light. June Z, for n harbor east of that
town where they boarded junks on the
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
ATTACK BEGINS.
CONTINUED from page ~

Lao Yang road were driven in, June z.
but reinforcements forced the japanese
to retire. Our loss during the fighting
which lasted until p. NJ, was Capt.
Liatchko and two soldiers killed and
five wounded"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
Cardinal Satolli Arrives.

New York, June 9.-Cardinal Satolli
was passenger on the steamer
Princess Irene, which arrived here,
today. from Genoa. Naples and Gibral-
tar. The cardinal was accompanied by
Revs. Mcconnell, Perry and Sullivan.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
Golden Stars New Grand Commander

Boston. June 9.-Charles Steers of
Boston, was elected grand commander
of the United Order of the Golden Star
at the annual meeting. today.
Reports presented indicated net
gain of $50 members during. the year.
and a prosperous financial condition.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
BOATS ESCAPE UNINJuRED
But Two Japs Killed in Port Arthur
Harbor.

Toxic, June 9. Noon.-Admiral Togo
reports that on the night of June he
sent eight small torpedo boats from
the battleships of his squadron to make
a Reconnaissance Of Port Arthur har-
Dor. The boats went far inside the
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
Thibetans Attack British Forces,

Gyangtse. Thibet. June 9-Eleven hun
dred Thibetans attacked the British post
at kangna. on the road to Lhassa. with
pulsed, the British loss being one Sepoy
killed and several wounded. The Thibe-
tans lombard Gyangtse daily.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
RUSSIANS RETIRE.
Detachment Occupying saimatze A.
tackled by Japanese Brig ade.

st. Petersburg. June a-Genera1 Kuro-
patkin teleSraphs to the Emperor under
date of June s:
"a Japanese brigade attacked Russian
detachment occupying Saimatze on June
T. The Russians retired slowly because
Fenchulin Pass. Our losses were two Off
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10

The celluloid factory of the w. w.
Carr Jewelry Manufacturing Co. West
Somerville. Mass, was badly dam
aged by fire. Thursday. There was a
slight explosion. but no one was in
jured. The loss is $1,000.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
LITTLEToN
Elects Two Delegates For FernaId "a
the State Convention.

I-ittleton, Me-. June 9.-Robert f. Hone
ana James T.. Hone have been elected
delegates to the State convention from
mat place. They are reported to be for
Fernald.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
HUDSON
Instructs Its Delegates to the STATE
Convention for Mr.. Cobb.

Hudson, Me-, June 9.-(SpeciaD.-Th
Republicans of Hudson have chosen John
A. Pierce as delegate to the State con-
vention at Bangor and instructed him to
vote for VIM. T. Cobb for Governor
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
Successful Maine WhaIers.

New York June 9.-The Rockport. Me-,
schooner Adelia 4. Carleton. which ar
rived, today. from Macoris, San domingo,
ran into and killed two whales Monday
June 6. in latitude $3.50, longitude $40.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
EASTQN
Sends Three Delegates to State Con.
vention Instructed for FernaId.

Easton, Me-, June 9.-(SleciaD. The Re-
pubiicans OF Easton, at a caucus held
Tuesday, named three delegates to attend
the Bangor convention and instructed
them for Fernald
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10

Fire at Cherryfield, Wednesday even
ing. destroyed the Emery Bros. meat
market and Hutchinson's carriage
shop. The firemen by hard work saved
much valuable property.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
Uncle Sans Daily Business.

Washington. June 9.-Government
receipts: From internal revenue. $775.-
S2S: customs. $77S,6sO; miscellaneous,
$15l,asS: expenditures, s1.330,00O.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10

st. Petersburg, June 9.-The reports in
French papers that n general agreement
has been reached between Great Britain
and Russia is authOritatively denied.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
DANFoRTH
Adds Three More DeIes ates to tho Cobb
Column.

Danforth, Ne, June 9-Three delegates
have been elected here to attend the
State convention at Bangor They are
for Cobb.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
PRINCETON
Elects Three Delegates for w. T. Cobb
of Rockland.

Princeton. Me-, June 9.-The Republican
caucus here elected three Cobb delegates
to the State convention.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
MAINE DRUGGISTS.
Will Meet In Portland, June II, %, %,
For Annual Meeting.

The Maine Pharmaceutical Associa-
ton will hold it's annual meeting at
Portland. June q, %, %. with head
quarters at the Lafayette hotel. A large
number is expected to be present and
the committee in charge has planned a
grand outing for all those who attend.
The program:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
THE cAUcUsEs.
CONTINUED from page ~

can caucus here elected a strong Cobb
man as a delegate to the Bangor State
convention.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10

A GUARANTEED CURE FOR PllEo
Itching Blind, Bleeding or ProtTudin9
Piles. Your druggist with refund monay g
9 to n dAyA
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10

An Authoritative Denial.

GERS wounded and 100 soldiers killed OF
wounded" g. -
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-06-10
Snow at leadviIle,

Leadville. Col. June 9.-Four inches Of
snow fell here, today VI
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-28
YOUNG STUDENTS TO BE GIVEN
ADVICE WITH THEIR DIPLOMAS
Promotions Many Grades VIII Be Marked BY C0nspfcnOu
Exercises and addresses BY Men Of Prominence

Graduation exercises, attended with
much ceremony, and that will bring more
pride to the graduates than any other fu-
ture occasion, will be the commencement of
the pupils of the eighth grade of the COM
mon schools. The first half of the work in
the public schools closes this week and the
event will be celebrated with appropriate
exercises. The SA grades of Schools 2, 4,
8, 9, 10. IL. u, Is, &C. o. "a &C. 29. 80. So. SO.
IL, As, 81, 81 and 81 will be graduated.
The largest class in the city to graduate
will be class No. s, at Virginia avenue and
Huron street. There are eighty-five in the
class, and the pupils will take part in dis
cussing the Louisiana purchase. Historical
sketches ard music will form the pro-
gramme A class song will be sung and
the diplomas will be presented by the prin-
cipal, Mr.. Weir.
At school No. r. West and McCarty
streets. the presentation of the diplomas
will be made by Hilton L. Brown this
afternoon. The pupils will take part in
programme of recitations and speeches. A
Bible reading will be made by Leila Bonke.
Our Country in Story and Verse" will be
the subject at No. 10, Michigan street and
Beville avenue, Friday afternoon. The sub
ject will be illustrated with music and reci-
tations. Superintendent Kendall will pre-
sent the diplomas.
The programme at the Benjamin Harri
son School, at Delaware and Walnut
streets, will be rendered in the forenoon,
and the subject will be the "Madonnas and
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-28
REBATE TO BE GIVEN ON
SLOT-MACHINE METERS
Mechanism Can't Conform to
Price Reduction and Gas Co.
Adopts Novel Expedient.
IMPROVEMENTS ORDERED

At yesterdays meeting OF the Board Of
Public Works the preparation OF papers for
several improvements was ordered. Among
them are the paving of West Michigan
street. from Blake street TO Holmes avenue.
with creosoted wooden block. and the con-
structiOn of cement walks on Lexington
avenue. from Virginia avenue TO Shelby
street
George .Breunig, for the Indianapolis Gas
Company. explained to the board that it
would be impossible for the company 70 re-
adjust its slot meters 10 conform with the
new s0-cent rate, but that the matter could
be adjusted by the payment OF a 10-cent
rebate. at stated intervals, every 81 paid
into the slot machines. The board accepted
this solution of the matter.
Specifications for improvements in Tom
linson Hall, prepared by Building Inspector
Stanley in accordance with the boards d.
rectiOn. were submitted and approved. The
specifications provide for two three-inch
standpipes with fifty feet o. hose attached,
for changes IN the arrangement Of the seats
that viii make an aisle midway across the
nall, for a thorough OVerhauling Of the
electric wiring. and for repairs and plain
marking OF all exits.
A. s. Kimber, of S14 East Thirteenth
street complained 10 the board that a car
for him last Sunday afternoon. Mr.. kfmber
stated that the motOrman gave him no sign
OF recognition. The indianapolis Traction
and Terminal Company Will be informed OF
this reported attraction Of the terms of its
franchise.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-28
CITY NEWS NOTES.

Mrs. Jennie B. stoddard, wife OF Dr. F.
p. StOddard. 713 North Delaware street
died at her residence last night at o'clock
OF apoplexy-
The Woman's Missionary Society of the
Fourth Presbyterian Church will hold its
silver Offering at the home OF Mrs Edward
Dean. 1917 North Meridian street this aft
srnoon at O'Clock.
The Ladies' Aid Society OF Nfavhover
Church viii meet with Mrs. y. a HYDE
1916 North Delaware street. this afternoon
from ; TO O'Clock. The years work will
be laid before the society.
A contest that Will admit only artists
will be held tomorrow night at the Fidler
Hotel. $40 West North street. II will be
a one-hundred-ball pool contest. Those
who will take part are Harry Farley. Ho-
Tut. Samuel Parker, William Bot
toms and Sweep Stakes.
The students Of the Indiana Law School
have organized the Indiana Law school
Republican Club, with a membership of
forty. The following officers Were elected
President. Owen Pickens; secretary G n
Flynn. treasurer. W. a. Dodge The club
will have prominent Republicans address
them at. their monthly meetings.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-28
Union Power i'm San Francisco.

With the law Of supply and demand work
ing strongly in their favor, they have put
up wages in San Francisco until they are
higher than in any other city in the world.
/ hesitate 10 tell what some workmen here
receive, for fear that the statements will
not be credited. Within the last few weeks
plasterers have been paid IS a day and
fathers SO a day for eight hours work
The minimum wage of bricklayers is Sc
day. of carpenters 81, of tile layers So, of
hodcarriers-who are practically unskilled
workmen-$3.J0.
But the advance in wages is only one of
the results of triumphant unionism in San
Francisco AS L shall relate more fully
later, the unions here, in their character as
business organizations, have entered upon
many extraordinary enterprises. They have
formed Ihonopolistic combinations with
employers associations much more effec-
tive than those of Chicago; they have de-
veloped in the building trades labor boss
by the side of whom Sam Parks Of New
York, was the crudest of bunglers; they
have reached out into politics, until union
ism is the dominating force in municipal
affairs with its own mayOr-Schmitz,
member of the Musicians Union-just re-
elected, in control at the City Hail. and
they have even entered business on their
own account as employers of labor.-Ray
Stannard Baker, in McClure's.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-28
WILL SPEND HIS FIFTH
DECADE BEHIND BARS
Habitual Counterfeiter VIII Again
Don Stripes-Companion
Learned from Father.

A peculiar life-story was revealed in
Federal Court yesterday when a number Of
alleged counterfeiters were arraigned
Claude Sanders, who was recently arrested
at Spencer, Ind, for making and passing
bad coins, was the son of an old counter
feiter and the son. in pursuit of his work,
merely carried out the teachings of his
father. 1t was brought out in the examina-
ton that the prisoners life had been one
of continual hardship and that since his
fathers death he had wandered from place
to place without a home. He secured his
counterfeiting apparatus from a tramp
when he himself was travelling a rousta-
bout with circus. He was convicted of
making false coins, but the charge of
passing them was not proved and was
withdrawn. Captain Halls, of the secret
service, was the only prosecuting witness.
Sanders was given six months in the work
house.
James Fox. who yesterday confessed to his
real name, but who has heretofore assumed
the alias George Burns, was for the fourth
time given a penitentiary sentence for coun-
terfeiting. Fox has spent over forty years
of his life in a suit of stripes for making
bad money and Judge Anderson yesterday
gave him a chance to add ten more years to
his record Joseph Sweeney, who was ar
rested with Fox at Jacksonville. was given
four years and $50 fine. Both will be taken
to the United States prison at Fort Leaven-
worth, Kan.
Carthel Rowland. who was arrested by the
federal authorities for sending obscene let
tiers through the mails and was released
pending good behavior, was rearrested on a
similar charge and given ninety days in the
workhouse.
Elmer c. Odiorne, for using the mails for
fraudulent purposes. was given thirty days
in the workhouse. He was accused Of as
sisting Ney Mikels, who is now serving
sentence in the Ohio penitentiary.
Lemuel r Day, former postmaster at
Royal Center. was fined $50 and costs for
jonir G in a mail scheme 10 defraud.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-28

l. In an action to recover the reward pro-
vided for in Section $780, Burns. 1901 it is not
necessary for plaintiff to aver in his COM
plant that he rendered the service with a
with the intention to recover the same"
2. person who buys a vote at an cleo
ton cannot recover the reward provided for
in said section of the statutes.
APPELLATE COURT.
APO. Howe VS.. White. Allen c. c. Trans
ferred to Superior Court
1922. City Of Michigan City VS.. Phillips.
st. Joseph c. c. Affirmed. Neeley, c. j.
own motion and ordered made part of the
record, without bill of exceptions, must be
recognized by the judge of the trial court.
2 Where a bill of exceptions is certified
by the clerk to be the original bill of ex-
ceptions, containing the evidence and rul-
ings thereon, such bill, if properly in the
record cannot bring up more than the evil
dence and the rulings thereon, and any
other matters included in such bill are not
properly before the court.
47OS. Coulter VS.. Bradley Clinton C. c.
plant is lacking in the averment of
fact which fact is found by
the special findings. and from the record it
appears that a proper conclusion was
reached by the tria; court, this court will
not reverse the judgment on account of
such absent averment from the complaint
Knox c. C. Reversed. Wiley, P. j.
/. An agent cannot go beyond his authority
and by unauthorized acts bind his principal.
2. Where q person agrees with a fraternal
insurance company to pay his assessments
by a certain day or lapse his policy on ac-
count thereof, he is bound by his contract
and cannot recover after his policy or GER
tificate has lapsed. without reinsta tement.
1912. Southern Indiana Railway Company
VS.. Tine. Lawrence c. c. Leave to assign
crosS-errors denied.
5lS4 Anderson VS. Drop Forging Com
pany. Marion 5. G. Leave granted appellee
to file additional brief and thirty days ad-
ditional time granted
1864. Voris VS. Bushirk. Montgomery G. c..
Dismissed.
1896 Jordan VS.. Morrison. Boone c. c.
Petition for rehearing overruled.
1850. Lane VS.. Bowers. Elkhart G. G. Pc
tition for rehearing overruled.
1863 Indiana Manufacturing Company VS..
Buskirk. Miami c. c. Petition for rehear-
ing overruled.
44S7 Costo VS.. Shew. Vermillion c. c. Pc
tition for rehearing overruled.
1864. Hatfield VS.. Chenowith. Huntington
c. c.. Motion 10 advance granted.
1906 Tuthill, etc, Holiday. Hamilton
c. c. Motion to dismiss overruled.
5133. Rose VS.. Davis Henry c. c. Publ
cation order issued.
1919 City of Hammond VS.. Winslow Por-
ter c. c. Oral argument Feb. Is, 1904.
1852 Hancock VS.. Diamond, etc, Co How
ard S. c. Oral argument Feb %, 1904
1886. Cleveland, Cincinnati, Chicago & St.
Louis Railway Company VS.. Drumm. Della
ware c.. G. Oral argument Feb. 10, 1904.
$685. Chicago & Erie Railroad Company
VS. Lain. Fulton C. G. Motion to strike out
appellants reply brief postponed till final
hearing.