davidaulloa/AmericanStories huggingface dataset:
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
DON'T TRY UNCERTAIN RECIPES

1t is entirely unnecessary to exper-
iment with this, that and the other
receipt. When you waste time, money
and patience when you can get from
your grocer, for 10 cents, a package of
"Our- Pie Preparation Lemon, Chloe
olte or Custard-for making pies that
are so good that when you eat one
piece you will want another? The
way to please the men-f folks is to give
them good pie.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
CHILDREN WHO ARE slcklY

Mothers who value their own comfort and the
welfare of their children, should never be without
rem. for use throughout the season. They Break
up Gods Cure Fevershness. Constipation, Teeth
ing Disorders, Headache and Stomach Troubles.
THESE POWDERS NEVER FAIL, Sold by all
Drug Stores, 25c. Don't accept any substitute A
trial package will be sent FREE to any mother
who will address Allen S. Olmsted Leroy, N. Y.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
Fire at Eagle Lake.
From SATURDAYS Tally

Word was received by telephone this
morning that the residence of Lott
Burgess caught five yesterday afternoon
at three o'clock, and did damage to
the roof to the extent of 500. The
origin of the fire is not known.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
Assistant to McEwen.

When his appointment as labor com
missioner is confirmed. w. Z. Nc
Evan will select L. G. Hall, of Mime
apolis, as his assistant. Mr.. McEwan's
appointment will probtbly be confirmed
about the tenth of this month.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
SNOWFALL DATES AS GIVEN
OUT BY BROTHER BR0OME

+ Brother BrOOme called at
: the Free Press office today and :
! announced that the next snow :
+ storm will be on Jan. 1e, and :
+ 20; the second, Jan. 81, the third,
+ and the heaviest, Feb. %.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
Pan.American Scientific Congress.

Santiago, Chile, Jan. 6.-The desig-
nation of Washington as the place of
meeting of the next Pan-American
Scientific congress gives general sat
isfaction. The closing session of the
congress was held In the afternoon.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08

A poultry institute will be held
in Mankato on Tuesday of next week.
The state agricultural college will
send j. M. Drew here to deliver an
address and a talk on poultry will
be made by H. A. Nourse, editor of
The Poultry Herald, st. Paul.
The institute will be held under
the auspices of the Breeders and Fan
ciers' association. Their show will
open on Friday in the Meagher build
ing.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
DIRECTORS.
Mankato State Bank
MANRATC. MINI.

CAPITAL $4,000
Surplus g. Undivided profits $4,000
z. q. HARRINGTON. President
FRANK FOWLER. Vice President.
JNO. r. THOMAS, Cashier.
z. sCHoYEN. Assistant Cashier.
DIRECTORS.
Frank Fowler. John c.. Noe.
q. G. Harrington. A. G. Lack
C. w. hbcock. Geo. T. Boynton
Geo. B. Owen. John r. Thomas
Fred Kr.n. Mic ruliar.
". o. Sundt
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08

Northwestern Hide & Fur Co., Min
neapolis, pay IL cents for hides and
high price for furs.. Sell traps cheap.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08

H. II. PERKINS, child was released
from quarantine today, having re-
covered from an attack of scarlet fever.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08

were 9S convictions, fifteen were dis
missed on motion of the county attor-
ney, five were acquitted and three are
still pending. OF those convicted, forty
three were sentenced to the county
Jail, forty-siX were fined, the SEN
fences of three were suspended, and
five gave bonds to carry out the or
ders of the court.
The total costs taxed in criminal
cases was $6S543 and the total fines
collected, 1886, and $9l277 was col
lected from both sources.
In the classification OF offenses,
drunkenness led with siXtynine cases,
followed by assault i'll the third de-
gree, sixteen cases; use of abusive Ian
guage, thirteen; grand larceny i'll the
second degree, twelve cases; petit lar
ceny, five, and SO on. Aside of the
prosecutions for drunkenness, it is
safe to say that a large proportion of
the infractions of the law were caus-
ed by the use of intoxicating liquor.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
National Bank of
Commerce
CAPITAL s1oo.0oo.os
OFFICERS.
oFFICER

c. l.. OLESON. President.
A. l.. WHEELER, Vice President
VIM. j. FLACHSENHAR, Assistant
Cashier.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-01-08
HAS REINTRODUCED THE BILL

: 1! j. + !. + :. !. + + + + + +
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
FOOTBALL
TOMORROW

There will be some of the good, old
fashioned brand of football played at
the league ground tomorrow afternoon
between the High School and town
team. The game will mark the open
ing of the intercollegiate season.
Tie "townies" are the heavier but
are a bit short of condition, albeit that
they have plenty of previous experience
on the gridiron. The captain of the
All-Honolulus is w. Campbell who
will hold down the position of quar-
ter.
The rest of the team will probably
include: Kellett, Lightfoot, Kamakaua,
McDOugall, Andrews, R. Chillingworth,
Frank Hoogs, Plunkett, Sumner and
Sherwood. Among the reserves may
be mentioned Macaulay, H. Williams,
G. Dwight and Harry Clark.
The High School team has not yet
been given out cor publication but will
be a very strong one.
The game will open the season aus
piciously and many will doubtless
make the journey to the league ground
to get re-acquainted with the sport
which was once very popular here.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
PARK GAMES
LOOK GOOD

Much interest is being manifested
in the Oahu Baseball League games
to be played at the Athletic Park on
Sunday afternoon. Indeed the con-
tests promise TO be as exciting as
have ever been played at the popular
park.
The first game will be between the
Athletic Club and the Ka-
lihis. The lineup of the Beers is a
matter of DOUBT but if It works as
effectively as did that which defeat
ed the Marines last Sunday, the Nip
pom crowd will have to hustle.
The second game will be between
the Marines and the G. A. C. The
latter have yet to sustain defeat at
the hands of the Marines, and they
seem to have the deadwood good and
proper on the husky crowd from
Camp Very. The latter have an i'm
proved team this year, however, and
it is quite on the cards that they get
away with the Chinks.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
FIGHT
MAY Be HARD

NEW YORK, October "A poll of
the United States Senate and House of
Representatives taken by "The Exam
iner" indicates that President Taft will
have one of the hardest fights of his
administration when he attempts to
put ship subsidy bill through at the
coming session of Congress. The fol-
lowing telegram was sent by "The
Examiner" to all members of the SEN
ate and House:
Now that the President has come
out forcefully for a ship subsidy
and has declared that there is no
object to which Congress can bet
ter devote its attention in the
coming session." will you kin ly
inform the public through The
Examiner whether or not you IA
vor such bill and why?
On the basis of the replies received
the noes seem to have it, though not
enough answers have been received to
warrant a definite forecast as to what
the vote would be. This is owing to
the absence or many members, some
still on vacations and others on COM
mittee junkets.
The main feature of the replies is
the strong feeling expressed both for
and against the measure that hereto
fore has seemed to evoke little popular
interest. The chief argument for the
measure is that only by means of a
government subsidy can the United
States merchant marine be restored
and the opportunities for greatly in
creased foreign trade developed.
Those opposed to the Presidents
recommendation declare a subsidy to
be a form of special privilege made
necessary only by the high protective
tariff.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
See Pratt the Land Man"
For Sale.

A very fine Beach Residence, a new
ten room house with all modern i'm
provements, and nearly two acres of
land.
A choice unimproved residence site
in Punahou District, grand view over
Honolulu and suburbs, area nearly
three acres.
Another unimproved lot in Makiki
district, fine view and excellent neigh
borhood. Area S2,625 square feet. Cor
ner lot.
Another corner lot in Makil1i, highly
improved, large house and out-build-
ings, very choicest of fruit and Or
namental trees, very desirable neigh
borhood. Area 10000, or $4,000 square
| feet.
Another highly improved lot in Ma
kiki, large house and outbuildngs, fine
fruit and ornamental trees. $4,000
square feet.
A fine lot on Fort Street extension,
50 feet front. Area 15,O50 square feet.
Will lease or sell at bargain prices.
600 acres Maui pineapple land to-
gether with 100 acres pasture land,
within three miles of the great Haiku
| Pineapple Plantations and similarly
situated. Will be sold in lots to suit
and on very easy terms
5S acres Wahiawa, Oahu, Pineapple
land, completely planted with a grow
ing crop of healthy pines. Also part
ly planted with orchards of fine fruit
trees. Lots to suit and easy terms.
A five and one-haf acre leasehold in
Manoa Valley. Four room cottage.
Stable, Wagon House, Servants houses,
Mountain water piped over all. Land
planted to fruit trees, flowers and We
getables. Horse, wagon and harness
goes with the place. Lease has over
fourteen years to run. Income from
products is now over $1,000 per annum.
A Leasehold at Kahala. New and
roomy house, servants quarters, sta
bles and garage Fine bathing, boat
ing and fishing. Lease has nine years
to run.
FOR LEASE: A two story house
and two cottages, all furnished on car
line, five minutes walk from Fort and
Hotel streets, just right for a select
boarding house.
See Pratt the Land Man"
JAS. w. PRATT,
No. 125 Merchant St., adjoining The
Stangenwald
Tel. 6O2. P. o. Box 451
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
GOOD PROGRAM
FOR THANKSGIVING
The following letter is being sent
to the various military posts on Oahu
by the Oahu Baseball League:

The following letter is being sent
to the various military posts on Oahu
by the Oahu Baseball League:
Honolulu. October A. 1909.
Dear Sir:-I have been instructed by
the committee of the field day sports
and burlesque, to be given under the
auspices of the Oahu Baseball Lea
que on Thanksgiving day, Thursday,
November 25th, 1909, to invite ali OF
the different branches of the United
States Service on Oahu, to participate
in the events of the day, along with
our local athletic clubs. l therefore
hasten to cordially invite your club
to enter competitors in some or all
of the entries of the day.
Following is the proposed program
for said day; and the number of men
we ask to represent your post in each
of the respective entries;
Wheel barrow race, so yards, two
men.
2-Three legged race, 1-6 mile, two
men.
3-Dash, 100 yards, one man.
Potato race, 100 yards, one man.
5-Relay race, l mile, three men.
Sack race 100 yards, one man.
Baseball throwing, to 2nd base,
one man.
S-Hop on one leg, so yards, one
man.
Eat mans race, 200 lbs, 1-6 mile,
one man.
1O-Women's race, 1-6 mile, excused
11-Greasy pole, II feet, one man.
12-Obstacle race, one man.
13-Stilt race, 100 yards, one man.
foot rests on stills must be Is inch
es from the ground same to be sup
piled by each of the contestants)
14-Dash, mile, one man.
Entry fee to each event twenty-five
cents (25c) to be used for the pur-
chase of prizes.
AS we are trying to encourage clean
sports for public entertainment, we
fully trust you will cooperate with us
in making this our first attempt a
grand success, which we conscientious
ly believe it VIII be; and which will
mark an epoch in the athletic history
Of the Hawaiian islands.
Anticipating a favorable reply,
beg to remain,
Yours most sincerely,
Oahu Baseball League.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15

1t is expected that the details OF
the much talked of running race VIII
be arranged today and it is probable
that the Athletic Park management
will take the matter out of the hands
of the professional managers and get
up a race in which the best OF me
local ten-miers will have a chance
TO compete and which will decide for
good and all the ten-mile champion
ship of Hawaii
The representatives of the runners
want so much that the management
of the Athletic Park have grown tir-
ed listening to their demands and
have come to the conclusion that
the best thing to do is to arrange
free-for all contest at the distance
named.
Nigel Jackson would enter such a
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
Upset Price
Lot. No.

These lots are located on the Eva
side of Nuuanu Valley Road, about
half way between King street and the
Pail; Elevation about 600 feet above
sea, therefore cool climate and fine
view.
TERMS: SO per cent of purchase
price to be paid at time and place of
sale, 25 per cent one year from date Of
sale, and rs per cent two years from
date of sale; Interest at rate Of per
cent per annum on unpaid balances to
be paid annually. Purchasers may pay
balances before due dates thereby
stopping interest. Purchasers may oc-
cupy lots Immediately upon execution
of agreements of SALE
For further and full particulars APP
ply to the undersigned.
JAS. w. PRATT,
Auctioneer.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
Park Management
Wants All Runners

race, so would Anton Kaoo, c. X.
Charlie, Herbert Cordeiro, Dial Fahy
Tommy Downey, Connie Hayes, Geo.
Addison, and a couple of unknowns
who have been waiting for some time
past for a chance TO break into the
running game here.
The management will probably give
intending contestants full month in
which to train and will offer hand
some percentage of the net receipts
to be raced for.
The Athletic Park people want to
act fairly to the runners and to the
public in this matter and it is prob
able that definite announcement
of their plans with regard to the com,
ing race will be made today or to-
morrow.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15

DO OR DIE.

When your heart fails, you die. 1t is
failing when your breath is short after
exercise, if you have dizzy spells, ire
gular pulse, fainting spells, pains in
chest, etc. Don't neglect these symp-
toms, they develop very fast. Give your
heart nourishment and strength with
Dr. Miles .Jew Heart Cure, and save
complications. If first bottle fails to
bene1t, money back
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15

The S. S. Hilonian leaves San Fran
icsco for Honolulu on October 20. The
S. S. Hilonian will follow her on or
about November 2.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
NERVOUS DYSPEPSIA.

A spoonful of Dr. Miles Restorative
Nervine after meals for a few days is
almost sure to relieve this distressing
1t strengthens the nerves
of the stomach, stimulates the secre-
lions, and accelerates the progress Of
digestion. Try it. If first bottle does
not benefit, you get your money back,
so it costs you nothing if it fails
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
At Auction

At twelve o'clock noon, Saturday Oc-
tober 10th, 1909, at the Auction Rooms,
No. 1875 Merchant Street, adjoining the
Stangenwald, there will be sold the fol-
lowing described building Lots in Nuu-
anu Valley.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15

Johnny Murphy the California
boxer, is expected to ar
rive by the S. S. Alameda today. He
will be the guest of Dick Sullivan.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
SVer'S
Cherry Electoral

will stop the cough. For sixtyyears
it has been the standard remedy
with men, women, and children for
colds, coughs, and all throat and
lung diseases. It contains no mar
cotic or poison Of any kind. Be sure
shat you get Ayers Cherry Pee
toral. Accept no cheap and worth
less substitute,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15

Fine Job Printing. Star ONCE.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15

Poor little foIlowl He coughs
so hard he cannot sleep. That
makes him weak and sickly- all the
next day. His brother thinks this
coughing is terrible. So Go we, for
we know that Just o few doses Of
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
SPORTDRIF

Yesterdays worlds championship
series baseball game between the
Detroits and the Pittsburgs, result
ed in win for the former by the
score of tn 4. The game was the
first of the series to be played on
the Pittsburg ground.
-NN%-
Johnson and Ketchel fight twenty
rounds at Colma tomorrow afternoon.
the contest starting at O'Clock.
49,
The Pearl and the Galloping Mary,
two of the local sea-fieas, will have a
brush in the harbor tomorrow.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15
A GOOD TURN.


Weary Wiy-Nerye if holdin'
dis hammock mosquitoes lugged it
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-15

Rroo1rol BY DrL c. ty.r 4 Co. lowell ''.1s.".eN
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-11-05
GUARD
SHAKEY COURT
BUILDING
TangIe inevitable as
Result Of Enforced Suspen-
sion of Criminal Business in
New York.


New York. Nov. "a Gordon Of
100 policemen stood guard today
around New York's %s2.oo0,ooO crimi-
courts building. which the in
spectors have suddenly found threat
ened with collapse.
All traffic on the surrounding
streets has been stopped Meanwhile
Werkmen are snoring up the cracked
wallis and constructing a shield
across Lafayette street to protect the
subway beneath, in case the building
suddenly fails
Court officials spent today hurrying
around in search of new quarters.
I'm enormous number OF cases are
still on the criminal court calendar
ard the cessation of business mean
a serious ENHANCEMENT.
Tho construction Of the subway is
blamed by engineers for the slipping
of the foundations. The engineers
expressed the hope tonight that the
building may be saved 10y foundations
driven deeper into the earth.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-11-05
ASK FEDERAL RECEIVER
FOR OKLAHOMA BANK
Creditor Of Dcfuuct Columbia Trust
Company Seeks iiclicf In
United States Court. a.

Guthrie. Okla. Nov. 4.-Arguments
in the case of George II. Anderson, of
Roseyillc, GlL, asking for the ap-
pointment OF a receiver for the closed
Columbia Bank q Trust company. of
oklahoma city, were heard by Judge
Cottrral today lie will render his
decision tomorrow,
Anderson has a claim of $S.25f
against tho bank as n depositor. The
bank affairs are now In the hands
of the state officers, according To the
provisions ot the state guaranty
laws.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-11-05

leader 20 batter down he tau doors
nd take the two negr0es
Governor GlAEecoek tonight adj
dressed the assembled crowd advising
caution and asking TINT the law he al-
lowed 90 TAX. lts course liis rr-
marks were deriIed The governor
asked the captain of the Gassaway
militia company Il his men were pre-
pared FOR serious trouble. The cup
tain said hia men had voted not 90
shoot their fellow t~ewnsneoPle even
though commanded to do so. tut
wouia protect tho negroes and the
fal as best they couid without shoot
ing.
Tho governor told thc captain his
men were IN virtual STATE OF mutiny
aud would be severely cenHgred The
captain replied that hc had done the
best bc could. btt The men were frm
10 their determination not 10 KIN their
friends
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-11-05
AVIATION MEETING TO
BE HELD ON LONG ISLAND

New York, Nov. FOLLOWING the
return today of Oryillc Wright 1t VAS
announced tonight AT the Aero club
of America, that an autumn aviation
meeting riyaliHg those at Rheims ana
at Black pool viii 500 be hcld on
Long Island.
The chief contsct will be for the
famous Michelin trophy won by VIII
bur Wright in 1905, with a fight OF
two hours and Is minutes. Under the
rules the flight must be made in a
closed circle and must be longer
than That made by Wright. 7Gia
miles.
Wilbur Wright, said the aviator, to
win this cup, win probably have to
fly for six or seven hours,
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-11-05
BODY Of PRINCE ITO
BORNE TO TOMB
stately Ceremonies Marx Fun
eraI of Japanese Statesman
Slain by Korean Assassin,


lBy Morning journal Special Leased Wire
Toxic. Nov. Followed by repre-
sentatives Of the emperor and en-
press of Japan. ambassadors and
others directed to represent their
governments. the body of Prince Ito
was conveyed to its resting place to-
day.
The burial, conducted with the
Shinto rites, took place at the Mause-
oleum, erected at the country resi-
dence Of the prince, in Omori, a su-
burb of Toxic.
The ceremonies were imposing.
The state funeral was conducted
with magnificent solemnity. 1t be-
gan with simple ceremonies at the
Ito city home at : O'Clock this morn-
ing. only members of the family and
personal friends were present. At .
o'clock a procession was formed,
headed by the imperial band playing
Chopin's funeral march, and moved to
Kibya park, where public services
were held.
Here "A wreath was presented by
Ambassador Thomas j. O'Bricn. on
behalf of President Taft. while SINH
lar floral offerings were made in the
name of their governments by
British Ambassador Mcdonald, Count
Montegias, German charge d'affaircs,
and Representatives of France, Rus
STA. Austria and Italy.
There also were floral tributes
made by Field Marshal Lord Kitch-
ener in the name OF the British army
and by the delegation of Koreans
now In this country.
At the conclusion Of the rites the
catafnlque was again placed upon
the gun carriage and at . o'clock the
to Omori. where the inter-
mcnt was TO be made. was begun.
The intcrment WAS made at dusk in
the presence Of the family. a few
personal friends. representatives. Of
the emperor and empress and others
ot the royal family.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-11-05
NO SUCCESSOR FOR
PECKHAM UNTIL
CONGRESS MEETS
Jnwritten Law of United States
Supreme Court ForbidS Re-
cess Appointments to August
Tribunal


fB9 Morning journal special I~ased WlreI
Washington. NOV. 4-Uuless Presi-
dent Tan deeides 20 violate the pre-
cedents, which. rs q lawyer. ne Is un-
likely 10 do, no 3ustirn win take the
place on the supreme bench vacated
H. the recent death Of Justice Peck
ham before the a4sembiage Of con-
eress IN regular session uext De-
reubcr.
All of the surviving justices. With
one exception. were nominated FOR
tlelr positions during the sessions OF
congress The e~Xception IL Justice
Harlan. who was appointed by Presi-
dent HHyes. November -. 1877. and.
although he had already received his
commission. Justice Harlan r|efrained
from taking his piuce on the bench
untIi December 10 following. during
which time his nomination had been
passed upon by the senate
There H. an unRriticn law Of the
august court itself Tor this which IS
Hkely 20 be respected. fot il has been
The unbroken practice Of al presi-
dents to advise with the members Of
the court before filling vacancies on
is bench. The objection to tho scat
ing OF q Justice during "a recess Of
congress Is that The failure of the
senaie 20 confirm bis nomination
would seriously impair the weight of
any decisions on important cascs In
which b. may have participated.
Therefore. white It rs regarded as
possible that President Tart may
make his selection in advance Of the
assembling vi congress, the aetual ap-
pointmcut. or AZ least the commission.
VIII be withheld until the SENATE shall
have an opportunity 20 pass upon it.