davidaulloa/AmericanStories huggingface dataset:
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
SMOOTH DIVORCE MILL
Biz Grit Ground ou, In windsor Count,
Court.

Bic Grbi Ground Gu, In windsor County
Court.
In the Windsor county court last
week the time was mostly spent In try.
ing divorce cases. The following de.
cisions have been given:
Frank 5. Coburn OF Weston " Lot.
tie Z. Coburn. Divorce granted for
deserilon.
Daisy 4. Gee OF Ludlow vs. Allen +.
Gee. Divorce granted for neglect aud
refusal 10 support.
Eslha W. Westmore Of Hartford W
Ella =. wes,more. Divorce granted
for deseriion.
Stella N. Shepard OF Springfield "
Arthur n. Shepard. Divorce granted
Annie J. Daniels sgainst John Dray
petition 20 annul. Judgment that the
marriage between the parties Is null
aud void aud that the parties arc not
husband and wife bat twain.
Daniel ID. Peck against Elmira Peck.
Bill granted for willfdl desertion.
Mary l.. Martin against George a.
Martin. Divorce granted for intoler.
able severity. Custody OF minor child
rem decrccd 10 petitioner.
Edna a. sumner against william
II n. Sumner. Divorce granted for
neglect aud refusal 10 support.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
ST JEAN De BAPTISTE SOCIETY.
President General Gstlnssu Was Here to. In.
stall New Officers.

President General +. X. Gatineau OF
Woonsocket, r. l., arrived In the vii
lage Tuesday afternoon and in the
evening installed the officers OF the st.
Jean de Baptiste society at the rooms
OF the organization on North street.
There was a large attendance OF mem
bers OF the society and also OF the
gentlemen's club. The officers, four
o. whom we're not able to be present on
account OF sickness, are: President,
Mrs Thomas Thebarge; vice president,
Mrs Edwa d LaFranchise; secretary {,
Miss Lima Longtin; assistant secretary,
Mrs George LaFrarce; treasurer, Mrs
emma Pond; preceptress, Mrs Laura
Dages; mistress OF ceremony, Mrs A.
Thebarge; ordinatrIces, Mrs II. De-
Jude and Miss Malvina Damour; trus-
tees, Mrs W. +. Peltier and Mrs N.
Bergeron; medical examiner, DR. A. T..
Houle; chaplain, Rev Charles Z. Pre-
vost.
Following the installation there was
drill by guard OF 10 young ladIe
to mu ic by Miss Augusta Gallipo.
There were selections by the men 5
club quartette accompanied by Fred
Thebarge on the piano and some ex.
cellent addresses by members a-d by
Mr. Gatlneau. II is one OF the rules
OF the society that the French language
only shall be used at meetings and tie
society also aims at the preservation
OF French. Canadian customs.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
THREE FUNERALS.
Mrs Margaret Knapp. Ms iisrbst Smith and
Jane, Butlu Buried this Morning.


The appearance OF three funeral pro.
cessions going down Main street this
moroing caused considerable comment
and attention. The drst Sas that OF
Mrs Margaret Knapp which was held
from st Francis church, quite a nun.
Der of the older people Of the church
being In attendance. The burial was
in the old cemetery at Bennington Cen.
ter.
Hardly had the funeral OF Mrs Knapp
left the church than IL was followed by
that Of James Butler. This was cs.
coried by the w. H. Bradford Hook
and Ladder Co. 10 Shich SIR Butler
had belonged for years. and from
which. the bearer, we're selected. II
was the tirst time, as far as can b.
learned, that two funerals have been
held in the same forenoon from 81
Francis church. The burial OF Mr
Butler vas Ia the old cemetery. Rev
A. J. Barron ofiiclated at both Of the
above.
The funeral OF Mrs Herbert Smith
was held this morning from The Sacred
Heart church, Rev Chss T. Pre- Sosi
officiating. The procession to IN
grave followed those iron the ~ Fran
els church. Mrs Smith was also buried
10 the cemetery al Bennington Center.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30

THREE MONTHS FOR LOTTIE
Acid Throwsr win Serve fine In the County
Jail.

JuW
Burlington, Jan. 29.--Lottie Leclair
who brought herself, Rose Macy and
the Borette resort into prominence a
fortnight ago by throwing carbolic
acid In the Macy girls face, was yes
terday arralgned In city court, charg
ed with breach OF the peace, to which
she pleaded guilty, through her coun-
sci. She received sentence OF three
months In jail without costs.
There we're many circumstances
which both the court and States At
torney Sherman thought warranted
clemency In the case OF the LeClair
girl. II was shown that before the acid
throwing. the Macy girl had made a
6endish attack on Lottie. The two
separated for an interval and when
Lottie saw Rose coming towards her
again she supposed II was 10 renew, the
encounter and she threw the acid with
tie result that Rose has lost the sight
OF the left eye permanently.
While the statutes impose n heavy
penalty for manning an eye, the states
attorney said the evidence W. lackiog
that Lottie threw the acid with malici-
Gus intent. II was also upon Lottie's
testimony that Fanny Borette was con-
yIc,ed OF running a disorderly house
aud that the Borette Noman aud her
husband we're bound over for illegal
liquor selling.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
TO DELIVER VERMONT.
New Bs.iIs,hip win Not Be Put In comml'
sion Of Once.

Boston, Mass, Jan %. The big new
battleship Vermont will be delivered
al the navy yard tomorrow by the Fore
River company. Unlike the New Jersey
aud Georgia which we're delivered here
last year the Vermont will not be
placed In commission for some time.
Capt william T.. Potter. who Is to be
The ships first commander has not a.
yet reported at the yard. About 30
per cent OF the crew has already been
assembled on the receiving ship Wa.
bash, and many OF the party officers
ar,i6cers and mechanical experts as
signed to the ship are already aboard
her NJ Quincy. The men Of the crew
already here will be utilized In getting
her stores and equipment aboard 10
read ness for the ship being commits.
stoned later on.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
MADE DRUGGISTS NERVOUS
ofhel,l Souvenir Collector from the S,,'
Laboratory.

DIR. Sprague who vas here from the
state laboratory Tuesday visited the
establishments OF six milkmcn aud In.
spected their cuidts.
He also moused around among the
drug stores, carried on samples OF
medicines that he found on the shelves
for sale, asked 10 see the records OF
poisons sold, looked over the appara.
tus used In compoundIng medicines
and otherwise gave evidence OF pet
forming his duties thoroughly.
Every sample tina, he carried away,
he insisted on paying for at the market
rate. He left for Burlington on III,
6;l5 train but stated that bis work her,
ls not complied.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
ICE CROP IS SPOILED
Sensbody nsiiciou,ly Opened Oates at Cry,
tsl Sprlns, poads.

Bra,,leboro, Jan. 2s-The Crystal
Springs Ice company had prepared 10
cut Ice on the Frost ponds and Crystal
Springs ponds tomorrow when Il re-
celVed word tha, the water had run
out Of the ones last named. An inyes-
,lgatIon showed that the gates had
been tempered with, apparently with
malicious intent. The ice IL sill NOR,
than u inches thick, nut cannot b,
sawed. The frs, crop has been har
vested 30 that the second crop from
The Frost ponds will be sufficient foi
home consumption.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
$50 BIRDS ON EXHIBITION
Vermont Poultry as,OeistIOn', Eleventh Show
Open, at ST AIbsn,.

81 Albaus, Jan. 20-The llth annual
exhibition Of the Vermont State Poul
try association opened this forenoon
at city hall and will close Friday eve.
ming. There are 100 birds on exbibi.
ton owned by breeders all over New
England, New York and the Province
Of Quebec. They comprise fancy and
utility varieties OF ducks, turkeys,
guinea pigeons and practically all
kinds OF domestic fowl.
Premiums and prizes are OF greater
value and more numerous than we're
formerly offered by the association.
The line OF challenge cups isvalued al
ti7O. The regular premiums amount
TO 800 and slO0 will be given 10 spec
ial prizes. In addition numerous club
specials will he awarded. II. y. May
OF Boston and George " Norlhrup Of
Raceville, N. ", are the judges and
both have national experience and
reputation.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
Paris 18th March, 1929.
70 General LaFayette.

10 Generel Lafayette,
My Dear General:-Tbe snow that
has just fallen will hardly serve as
apology for my Offering you so late In
The season the cub bear skin which was
sent me last year by my friend, Isaac
Dooli,tle, but the dilatoriness OF tho
leather dresser Is the cause OF this tar
ey Offering. 's..s
The animal wa5 killed In the mlnss
OF the Bennington Iron Works (ver.
montl OF which my friend, nay nav
our friend, Is the director. Like the
other progress in civilization, liberty
aud prosperity Of every kind which
your labors have so pre-emlnep,ly
contributed 70 advance remnant
OF one OF The primitive inhabitants OF
the Green Mounislns-affords a new
item for grateful meditation.
l pray, my dear General, 10 allow /,
10 be placed at your feet-under your
desk. '''' II may also prove an antI.
dote for the govt, which uufortuna,ely.
Is OF all seasons.
Most respectfully and affec,lona,ely.
Your humble friend,
Signed, I. Cox Barnet.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
Paris, March rs. 1872,
To Mr. Barnet,

To Mr. Barnet,
My Dear Friend:-I beg you to re.
ceise my anecilonate thanks for the
beautiful and comfortable present you
have been pleased 10 confer upon me.
Its coming originally from our
friend, Mr. DoolIttle, gives {, M addl,-
ional price aud so does the remem.
branoe OF Bennington and the Green
Mountains 70 whlch am bound by
more than half century OF patriotic
attachment My fellow,hlp with tho
Green Mountain Boys goes back 10 lhs
year III.
] hope before long 10 be able 10 Offer
IN person the grateful acknowIed gmont
Of your long obliged aud most
Sincere friend,
Signed, La Fayetle.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
NEW COMEDY DRAMA
rhen and Orange Blossom, ct Library Hall
Jan. 81.

"Thorns and Orange blossoms, -
the new comedy drama surprise, will
be seen here ut the Library Hall thea
tire, Thursday, Jan. 81. This play II
u dramstlzatlop OF Bertha NJ. clsy's
popular novel, aud the pretty story
with touch Lere aud there OF patho'
and comedy. IL simply delightful and
thoroughly refreshing.
The cast Is exceptional and acqult
themselves 10 manner that leaves a
pleasant impression Of their work
Each part IL true Interpretation Of
the character conceived by the author
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
TO ERECT MARKER IN PERU.
viii commsmorss Nan Who Made the Pint
Sldshll Plo~.

Peru, Jan. 2-The sidehIll pillow
vas invented and first cast and manu-
featured at q little furnace upon the
very top Of mountain In this town,
about seventy-Ave years ago by hr.
Warren, one Of whose sons, now a
prominent and wealthy resident oi
Philadelphia las, year revisited his
old birthplace and nov proposes 70
erect q suitable marker 10 commemo.
rate ihls important event
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
perl.I., AaaIp., Mcclellan,

NEW YORK. Jan 30.-The appellate
division Of the supreme court has hand.
ell down n decision denying the motion
made In behalf of Mayor Mcclellan for
permission to appeal TO the court Of ap.
peals from the decision OF the appellate
division affirming the decision Of the
lower court preventing the destruction
OF the ballots In the New York mayer.
nlty CONTEXT ~ 1905.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
Fishing r'i.et Ieebouna.

WASHINGTON. Jan. 30, r. Captain
Ross. chief Of the revenue cutter serv.
Ice. has received n Telegram from the
captain OF the revenue cutter Gresham
at New York stating that feet Of
fishing vessels aud merchant ships are
lccbound In the harbor at Salem. Mass.
lie viii at once sail for Salem 10 as
slst In breaking the Ice aud releasing
gha dat
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
Hal. Lecture. ,b. senate.

WASHINGTON. Jan a0.-Thc sen.
ato began IT, session with lecture
from Senator Hale. who conicnded that
too much talking aud not enough work
was being done. Senator Beyerldge
concluded his speech In advocacy Of
his child labor bill, which has occupied
three days. The Notifications approph.
alton bill. carrying s2.0ii.7O0. was
passed. NJ was also the diplomatic and
consular appropriation bin. carrying
lAQlpelfI.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
SERIOUS LUMBER FIRE.
Mills ct Barton Landing Saved With Crs,
Difficulty.

Barton Landing. Jan 2o.-FIre de-.
s,royed 10000 feet Of hardwood lum.
Der, q quantity OF soft lumber, and the
dry house ofthe Chandler Co, eaus-
ins loss Of $4,000 70 $4,000 las,
night. The mills we're saved only By
great efforts. The IRE Is still burn
log, but II 10 under control u starred
10 the dryhouse In some~sy from The
piles abou, 800 o'clock las, evening.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
nre..e Acquitted a, E,mlr..

ELMIRA. n. v. Jan. 30. p sIlas
Brccsc. charged with manslaurhter In
being responsible for the death In No
vember. 1895. Of Edward " Myers.
village clerk OF Horseback was ac-
quilted by jury IN the county court
here.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30
INSANE NAN TAKEN HOME
Gilbert Smith Who Had Escaped IRON Asylum
Of Blnshsmtea Caught Here.

Gilbert Smith, the deranged mao
who was taken into custody Saturday
night by officers Russell and Hurley,
was taken 10 his home 10 West wor.
ces.er, N. Y, last evening. A hearing
was held before Judge Bates on tho
unfortunate mans case Monday. Il.
was learned that the man had been 40
inmate OF the asylum at Blnghamton
and that he had been committed by a
brother. Arrangements were then
made for returning Smith 10 New York
state aud las, evening, a constable, J.
u. smith OF onconta. came here aud
relieved The local authorities OF their
charge.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-01-30

OLD RECORD
Clipping from Copy Of Jour.
nal Of the Times;
BEARSKIN FOR LAFAYETTE
Bear Was Killed In Bennington
and The Skin Was Sent
10 Paris.

The following Is an extract from
The Journal OF the Times" OF May
0, 1929, published at Bennington Cen.
ter and edited by william Lloyd Gar.
rison.
The following correspondence no.
ceiyed by Mr. Doolittle, agent OF the
Iron Works In this town, from Isaac
Cox Barnet, Esq, American consul at
Paris, has been handed as for publica.
ton:
Paris, March 10, 1879.
To Isaac Doolittle,
Bennington Iron Works,
My Dear Friend:-You will see by
the annexed letter how have disposed
OF the bear skin you so kindly sent me.
u you don't approve OF my thus be.
slowing your gift, why, send me an.
other. 49, But you will approve.
You will rejoice that our illustrious
friend has done US the honor TO accept
IL; aud that IL has afforded the occss-
Ion OF such grateful "reminiscences, such
Gathering recollection OF the heroic
Green Mountain boys. 49,. To.
morrow evening shall take the Gen.
eral by the hand. I wish I could reach
yours!
Signed, I. Cox Barnet.
Waterbury evening Democrat., 1907-11-08
ARREST IN BAKER MYSTERY.
Lawyer Asserts That Outside Capture
 May Be Made Today.

Bogota, N. J., Nov. S. Sensational developments in connection with the investigation of the death of Walter F. Baker in the home of Mir. and Mrs. Frank H. Hurd in this village and an exchange of views by the authorities fin Boston and New Jersey led to the assertion by Frank Ney, the Baker family lawyer, that in all likelihood an outside" arrest would be made today. He refused to reveal or even hint at the identity of the person. < Ney was in Boston when he made his predlc- ton, and so was Edward F. Baker, brother of the dead man,
 4 'f think a crime was committed" he remarked. Y
 It was also revealed that when the Hurds accompanied the body of Baker to Boston on Monday of last week Edward F. Baker told them he believ- ed his brother had been poisoned.
 Whether Professor Pfaff, poison ex- pert in Harvard university, who has been analyzing portions of Bakers body and the contents of his stomach, has discovered poison is not known officially. His report on the investiga- ton will not be presented until today. The activity of the police in Boston and in New Jersey, however, leads to the belief the expert may have found traces of poison and communicated to the police the news of the discovery.
Waterbury evening Democrat., 1907-11-08
 NEW JERSEY RECOUNT TALK.
Chairman Hudspeth Hints at Neces-
 sity For Recanvass. R.


 sity For a Recanvass. R.
 Newark, N. J., Nov. S.-That there may be demand for a recount of the ballots cast on Tuesday for governor in New Jersey is the intimation con- veyed by Chairman Hudspeth of the Democratic state committee. He would not make a definite announcement of his position, but his words, If the Democracy has won this fight they are going to enjoy the fruits of their victory" are believed to mean that the fight is not yet over .-.'
 q want it understood emphatically that I believe Frank S. Katzenbach has been elected governor by a clean majority" said Chairman Hudspeth "An analysis of the vote outside of Hudson county shows that he2 made substantial gains in all parts of the state, and I am satisfied that these gains are enough to elect him govern or I have not told Mir. Katzenbach that he has been defeated, neither have I congratulated his opponent on his apparent election. I may have some thing more definite to say later on." Former Governor Murphy. who is chairman of the Republican state com mittee, when told that recount might be asked for pledged the Republican party to assist it in every way, if there was any ground on which to base the demand.
Waterbury evening Democrat., 1907-11-08
AGAINST TARIFF ON PAPER.
President Roosevelt Will Ask Congress
 to Abolish the Duty.

Washington, Nov. s. - President Roosevelt will recommend to congress the abolishment of the tariff on print paper, wood pulp and material going into the manufacturing of paper. He has decided to recommend that the de- partment of justice take immediate steps to ascertain whether the anti trust laws are being violated by the International Paper company and oth- CT combinations of manufacturers who supply the printing paper for the Unit ed States.
 The president reached this decision after the grievances of the American Newspaper Publishers association and other publishers and the allied trades drawing their support from the print ing business were laid before him.
 The president will give as his req sons the necessity for the preservation of the forests rather than the relief of the publishers of, cheap newspapers and magazines. One of his arguments will be the recent report of Clifford Pinchot, who estimates that at the present rate of consumption the wood supply of the United States will have disappeared in twenty years.
Waterbury evening Democrat., 1907-11-08
PLAYS AND PLAYERS.

' "Erminie" is to have a revival in New York, "'
 !" Charles Richman is to make his ap- pearance in vaudeville.
 Nance O'Neil is to appear in vaude- vile with Mckee Rankin in con- densed version of Leah the For saken." '
 Despite her titled name, Olga yon Hatzfeldt, who assumes the title role in "The Belle of Mayfair" is an Amer ican girl. ..--.
 Besides its. star cast of singing come dians and others, "The Follies of 1907" includes in its company 100 charming chorus girls. ....,
 Miss Roberta Keene Gin private life Mrs. William K. Tubman) is making success in vaudeville in an illustrated novel singing act. ....:.as
 The western ''The Three of Us" con- pany, which has been organized with cast claimed to be as good as that of the original company, is now. play ing the cities of the Pacific coast and : has been we'll received. ~" A New York morning paper says there is report from Paris that Miss Flora Wilson, the daughter of the secretary of agriculture, has decided to go upon the operatic stage and is study ing under Jean de Reszke for that pur- nnSa ,t.... F..-E.'t" .@'
Waterbury evening Democrat., 1907-11-08
General Markets.

New York, Nov. q
 FLOUR-was dull and easy;- Minnesota patents. sS.25a5.75; winter patents. sLSOa $40: winter straights. sLsOaIso; winter ex- tras, Saa45
 RYE FLOUR-DuIl: fair to good, Sa 625: choice to fancy. S.2sa5.50. wHEAT-weak cables and heavy pres sure on December caused a lower wheat opening today. but sharp rallies followed on strength in northwest markets: De- cember. s1.05bsa1 OSts: May. Sl.0saL1o.
 BUTTER Creamery, specials. per pound. Sc; extras. zFikc: firsts. z5assc seconds. ZlIzaZs1zc: thirds, zlc: held, spe- cials. Esc.: extras. 24a24lzc.: frsts. zzIsa Dize.: seconds. 1az2c-: state dairy tubs. fresh, finest. s1az4izc.: good to choice. zza s3c: common to fair, 1sa2lc.: process. spe- cials. z5c.: extras. zzllc-: frsts.- lazsc ; seconds. Isa.5c.. thirds 17alsc.
 CHEEsE-State. full cream. small. col- ored and white. September. fine. Exc: October. fine. I5c-: good to prime Ei4a izAe.: common to fair. Iosi2c-: large. col- ored. September. fine. 15c.: white. l4ac ; large October. fine. 12&c-: common to prime 1aaIzltc-: skins. IL pound specials. i5c: skins. fine. sszaIg1Se.: fair to good. 7ssc: common. Hzaslzc.: full skins. Ia1a. EGGS-State. Pennsylvania and nearby. selected white fancy. Esassc-s good to CftGife~ ETWNA ana f1ANe0- 5eAeEAe1s fancy. SzSsc-. average best szsEe-: frsts Co extra firsts- TTz36c-: dirtiss. EaI7c. : checks. I5aI5lze: storage. early pzckings. I7aIse-: sumner p7ckings. 1saI71zc-
 TALL0w-Quiet: city. se-. country. sS .Htc.
 HAT-stszdv: good to choice. E-1ss1n. STRAw-oufet ct Sa-sc.
 HOPS-QuF=t. state. common to chesce. Is1z. IAzlSc- Ias. ss15c-
 wOOI-FTru= domestic fleece zzzzc- POTATOES Steady. Penzsylvsrsa- shoscz. per busksL Sz7c: fair to god. SsEc-: New York and western chosos. Ezssr: co- fair to gooa- sssssc-
 LIVE POUITRT-F Fru. fSUls ulss 1cs c-d rcoszers azszzc-s sp-fnz cE5ek- ws Iftssrszzr-- ducks. rzzsz1sz4c
 DRESSED POULTRY = -S-sz5Ts frsss ffIsd fowzs. Eac-- ds- fair to Eood La z44r-. css rocz-s-Ss lsc. ross-t-x eksek- zs nezrty- 1szI7c-= e. western Iis1sc-.. {. rszszrz. zszrbF. Fszgrs S. weszerzs q rse
Waterbury evening Democrat., 1907-11-08
Has a Job Waiting.

q hear you're getting to be a real sport" a veteran in that line remarked to a youthful acquaintance of the con- seryative sort recently married.
 The young man repudiated any such intention. @~@.a .........
 "Just placed a little bet among the boys in the office, you know" he add ed. Put in $1.5O and won $40 in a trifling pool. - .~-..
 "Well, that's a good beginning, any how," said the veteran. You'll grow up after awhile. What did you do with the $4O-put it on the races or open wine?" " %, 5 Bought a ton of coal and a set of false teeth for my wife" was the re- ply.
 When the veteran revived his young friend had disappeared.
 Gee" he soliloquized, that's a new one in sport! If I win tomorrow guess I'll buy my mother-in-law a new cork leg and some darning cotton" ."-New York Globe. > -. x 7
Waterbury evening Democrat., 1907-11-08
S33O.0oo Fine For Rehatina.

Los Angeles, Cal, Nov. 8. - Judge Olin Wellborn in the United States district court fined the Atchison, To- peka and Santa Fe Railroad company S330,000 for relating. The fine was what the court denominated 'an in- termediate penalty" the maximum which might have been assessed being S1.320.000 and the minimum S66,O00. The court reviewed the case in a writ ten opinion, in which it was stated there were sufficient doubtful and -ex- tenuating circumstances to preclude the possibility of a maximum sentence and yet sufficient intention of wrong. doing shown to make impossible minimum penalty.