davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

People who were on Water street
early Thursday morning were afford
ed the opportunity of witnessing on
the sidewalk in front of the Davis
clothing store series of fancy steps
such as are seldom seen. even on the
vaudeville stage. and all Of which We're
involuntary. The reason was that
during the fire Wednesday night the
sidewalk at that point was drenched
with water from the hose, which
freezing. covered the walk with coat
ing Of ice more smooth than any plate
glass. When morning came this was
covered with Il light layer OF snow
and the combination formed trap
into which many unsuspecting pedes-
TRANS put their feet. The steps taken
included about everything from the
Boston trot to the skating rink glide,
and even the ballet and few indi-
viduals concluded their performance
by getting in closer touch with the
ice ard cleaning off the. snow in spotf
WHICH varied in area from. that Of z
barrsl head 10 that, of n wSshtuHf
The demonstrations lasted until the
sand sled came along.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
TEACH SEX HYGIENE
In the Public Schools, Urges Or. Eiio,
President Emeritus of Harvard.

New York Feb. DR. Charles Eliot
president emeritus of Harvard Univer-
SitE, is one or those who believe that
sex hygiene should be taught in the
public schools. THE only alternative
for education in sex hygiene" he de-
clared i'll Il paper lead here today By
Dr. Luther H. Gulick to the Amcric,fll
school Hygiene Association. lis the
pfoicngatlcn of the present awful
wrongs and wees i'll the very vitals OF
civilization"
The association opened today its
9TH congress at the Academy of Med
icipc with physicians and educators
Ill attendance from every part of the
country. The program is made up
of address by those interested in the
moral, intellectual and physical
health of the coming generation.
DIR. Eliot believes that in order to
prevent the disasters to the young
that arise from ignorance. systematic
instruction should be given in the pro-
cesses of reproduction and the con-
sequences that follow violations OF the
law of nature. The policy of silence
has failed everywhere he urged. IF
any one protests that this educational
process will abolish innocence and
make matter OF con.nnt n talk the ten
human life. lot him consider that VII
tue and not innocence is nanifeStly
Gods object and end fer humanity. .
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
WILL START AT ONCE
On Grand Trunk Extension from
Palmer, Mass, to Providence.

Providence, L. l.. Feb. 2.-According
to word received here today FROM Mon
treal, the officials of the Grand Trunk
RAILWAY have ordered that the work
on it's extension from Palmer. Mass,
to this city be started Immediately.
During the past 10 months, surveys
of the proposed route have been made.
and the work of constructing the line
will be commenced early in the spring.
The final location of IA terminal on
the water front in this city has Yet
to be decided upon, but it is believed
that this will be done within a shor.
time. Although the Rhode Island Leg
islature has allowed the Grand Trunk
cur years to complete the lire. the
officials believe that not more than
two years will be necessary to COM
plete the branch.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
ELSEA.

Inc entertainment given Tuesday even
Ing at the chapel by the W \. Club was
decided success from start to finish.
and in spite of the extreme cold. a goodlv
number were present and surely enjoyed
the very excellent program, each num-
ber of which was a gen., reflected great
credit upon the young, ladies and gentle
men WHO. participated The program
was as follows: Instrumental music,
Miss Alice Donnell of Windsor: The
Court Scene from THE Merchant of
Venice following is the cast of char
actefs: Antonio, the merchant William
Lawrence; Shylock. the Jew, Earl Hayes;
The Dukesof Venice, Elwyn Cooper; Por-
tia disguised as d lawyer, Miss Eva
Morang; Bassanio, Percy Morgan; Ora
tiano. Harry Heath Nerrisa, Portia S
clerk. Miss Ruth Fowler: Clerk of Court.
Miss Myrtle Harris. reading. Miss Mariel
Douglass; the hymn. Jesus Lover of My
Soul was portrayed very beautifully in
pantonine by the Misses Lucy HAYES,
Eva Morang, and Myrtle Harris, Mrs A.
l.. Hayes singing the words very softly
This was, one of the best numbers Oh the
program. and won merfted applause; vo-
cal SOLO. Miss Domcll. intermission and
refreshments. The second part of the
program included a series of tableaux
representing the American Girl and her
development from the early days up to
the present time. The first picture shown
was The Indian Girl. Miss Eva Morang
md, The Colonial Girl. Miss Muriel Doug
lass: 3rd, The Girl of 1880, Miss Mary
WEIGH; The Girl of 1861. and of 1911 was
pictured by Miss Lucy Hayes, in the cos
tune of war times, and Miss Myrtle Har-
ris. in that of 1911. showing the utmost
extremes of the fashions of both periods;
No. was The Girl with Il Mission, re-
presented by Miss Hayes in nurses
costume: No G. the Society Girl Miss
Alice Donncll, in full evening costume;
A group of boys and girls of the period,
closed the series. and was composed or
a couple in full evening dress; IL couple i'll
business dress, one in sailor and tennis
costume. and one in college cap and
gown Between the pictures was inter-
spersed readings by Miss Tilla Lawrence
and William Lawrence. and solos by
Miss Donnell and Earl Hayes. The clos
ing number was a group tableau COM
posed of the members of the club with
their banner of crimson and silver, and
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
Opera House Announcements

Owing to the incessant demand for
reserved seats at the picture and
vaudeville shows at the Opera house,
Manager Cuddy has decided to ar
range for this convenience and will
hereafter reserve number of rows in
the orchestra for reserved seats at a
small advance of 10 cents, making the
reserved seats 20 cents and in addi-
tlon VIII supply extra attractions of a
high standard, thus offsetting the
extra expense of reserved seats for
which patrons seem willing to stand
The afternoon shows will remain at
the old figures, II cents and ) cents
FOR children. Children will be
charged 10 cents for the evening per
formanceS. This arrangement will
take effect next Monday. Feb G.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
CHINA.

SotTH-Willis Jones, Colby. IL,
passed Saturday and Sunday with his
mother, Mrs. Anna NJ. Jones.
Tho death Of Andrew Small took
place Wednesday morning at his late
home. Mr.. Small was highly re-
spected citizen and will be mourned
by all.
Miss Matte c. Jones, who recently
went to kirksvillc, Mo. writes of a
pleasant journey and safe arrival She
linds the climate April-like a decided
contrast to our present severe wealth
er.
The marriage OF Miss Eerda S. Per-
clval and Frank HAYES took place
Saturday evening, Jan. IS at the brides
home at Weeks Mills Mr.. and Mrs.
Halves have begun housekeeping in
the house next to the store and have
the good wishes of their many friends.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
A BUS|NE@N..N0NAh.
Who Was Cured by Following
a Neighbors Advice Now
Recommends the Same
Treatment to Other
Women.

Most women are subject TO special
forms of weakness and at one time or
another need safe reliable tonic for
the blood.
Dr.. williams Pink Pills are an ideal
tonic for women as they are also use
full in functional disorders and to the
fact that ladies' recommend them to one
another is due the enormous popularity
of this tonic remedy
Mrs. Mary K. Fiscus, of Coal City,
Ind, is well known there as she was
formerly editor of the Goal City Re-
cord' and now conducts printing
Office.
''Some time ago." she says, 81 was
suffering greatly from weakness. Twas
sick for three years and was up and
down for over a. year. My stomach
was in bad condition and didn' digest
my food properly | was very nervous
and could not sleep well. When child
I had severe case OF spinal fever and
had never felt cured of its effects and
think this made my sickness worse.
"a neighbor told me to try Dir. vii.
1iams' Pink Pills as they had helped
her. took her advice and got relief
from the first few boxes of the pills.
tOOk u3itut was CuI'u
They gave me strength and have had
no more trouble with my spine. DR..
Williams Pink Pills are certainly a
ereat medieine. for, woinen's ills and l
always Teeonmendt them"
a booklet Plain Talks to Women"
will he sent free 10 any woman suffer-
ing from weakness. 1t explains fully
why DIR, Williams Pink Pills arc
euited to the needs OF weak women Of
all ages and gives many helpful sug-
gestions in regard to the care OF their
health
Women win find in DR.. Williams
Pink Pills the tonic exactly suited to
their needs. Most of the ills from
which they suffer are due to bloodless-
ness--a condition which the pills readily
correct.
DR. Williams Pink Pills contain no
harmful or. habit-forming drugs, and
the sufferer who gives them trial will
avoid tho danger so common in taking
drugs which only deaden pain.
DR.. Williams Pink Pills are Tor sale
by all druggists, or will be sent post
paid, on receipt Of price. 10 cents per
box; six boxes for So 80, by the Dr. Will
Gans Medicine Co. !, Schenectady, N. Y.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
AMUSEM ENTS.
New Vaudeville at Opera Hous,

New Vaudeville at Opera House.
The change in vaudeville and pic
lures that will appear at the Opera
House this afternoon and evening will
undoubtedly meet the approval OF the
big string of steady patrons that con-
gregate to greet the new billings.
The comedy offering consists of Shaw
and Everts as The Captain and the
Tar" nautical comedy with special
scenery in which this duo gets to You
with big laugh and in a manner that
does not knock you off your seat but
holds you there. The sensational
act of the American vaudeville stage
is in the Lutz Bros. introducing some
marvellous stunts by the armless
wonder
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

With all her lower sails carried away
and her decks swept clean, the Nora
Scotia schooner Kenneth G., was tow ell
into Halifax Wednesday by steamer
Bridgcwatcr The Kenneth G., command
Ell by Captain Tower, left Perth An.boy
for Halifax with Il cargo of coal. This
heavy gale of Saturday night crippled
the schooner and she was barely able
10 crawl into Lunenburg from which
point the steamer Bridgewater took her
In tow.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

n special car will leave the waiting
room on Water street Saturday eve
ming for Winthrop. where Cony will
play Kents Hill and Cony Alumni
will play Winthrop These basketball
games are expected to be something
out OF the ordinary as the teams arc
eveninglv matched. After. the games
there will be a dance and a. special
car will leave Winthrop for Augusta
after it's close. large delegation
from Augusta will be on hand to cheer
for their teams and to enjoy the dance.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

at the close the club yen was sivepstfth
much enthusiasm. ~ few app1epriate
remarks were made by the president,
Miss Lawrence, and the event for which
the young people have worked so hard
was a thing of the past. The club in
place of it's regular social in February.
will take a trip to the Legislature. pass
ing the day at the State House anu other
places of interest, and enjoying a dinner
at the Capitol city. They will he chap
eroned by Mrs. A. L. Hayes. and the
president Miss Lawrence.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
Military Academy Bill Cut Down,

Washington, Feb. 2.--Thc Military
Academy appropriation bill. carrying
approximately $l,200G00, decrease
from tae estimates, was ordered Ia
vorably reported to the House Thurs
day by the military affairs comihlt-
tee. The committee refused to au-
thorize the expenditure of S2,9oo,ooo tor
rebuilding the academy asked by the
war department..
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Hon. Charles y. Milliken. who had
been on business trip to Stockholm
returned home ON train No. S Thurs
day morning. In speaking of his trip
he remarked that if anyone wants to
know what real winter weather is they
should go up into that country. on
wednesday the mercury at Stockholm
was eight degrees below zero and the
wind was blowing a gale.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
Funeral Of Late Emeline A. Ycaton.

Funeral services for the late Mrs
Emelinc \. Yeaton of Manchester
were held at 253 Water street at 3
O'Clock Thursday afternoon. Rev. b. +.
Hope officiating in the presence of re-
latives and friends, and the remains
were placed in the tomb at Mt. Pleas
ant cemetery. Interment will be made
at Manchester in the spring.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Fred Dudley brought into the Au-
gusta market Thursday aud left at the
store of l.. W. Church three of the
finest hogs of the SEASON. The ami
mails were killed BY, Mr.. Dudley for
the Woodward Bros. of West Sidney,
and when brought into town Thurs
day tipped the scales at 1891 pounds.
or over $50 pounds each
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Matters in police circles are very
quiet this week No arrests have
been made for the past three days and
the only, occupant Of the station dur
ing that time has been stray dog
belonging at Dead River and which
has been kept at the Station moulding
the receipt of Instructions from the
owner of the animal regarding its dis
position.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

j.. j. Haskell is confined to his home
on Patterson street and is suffering
from Il strained ligament In one of his
legs. which injury he suffered the first
of the week.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
WHiTEF FEEL

NORTH Hen. A. II. &. Smith died
Thursday morning at one O'Clock. alter
a long Illness. Funeral will be held
ut the Union church, Whitelcld, SUM
day. at Il o'clock.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Mrs. Milliken. wife of Senator Carl
L. Milliken Of Island Falls, who had
for some time past been patient at
the Central Maine General hospital at
Lewiston. has so far recovered that
she was able to leave that city
Wednesday for Augusta, where she
will pass the remainder of the Win
ter with relatives.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

A special meeting of the a. O. II
was held Wednesday evening al
Woodman han and a large amount
of business was. transacted. a new
class OF candidates will soon be taken
into the order
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Fred Guggenheimer. who has for a
number Of weeks past been very i'll
at his nome on Higgins street. is re-
ported TO be about the same. with
perhaps a very slight change for ths
better.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Livery Member Present Sunday" is
good thing. Other cities have tried
1t with success. Augusta has. one
next Sunday. Let every person con-
neeted in any way with church OF
congregation plan TO be present next
Sunday morning
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

A wild storm swept the Spanish coast
Wednesday night. A score of FISHING
craft were dashed upon the rocks and
many of their crews lost The bodies OF
. sailors were picked up along the coas)
Thursday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Mr.. and Mrs. Scott Barnes enter
tanned d number of friends at theft
home on Court street "Wednesday eve
ming and a very enjoyable time was
passed Whist was the game of the
evening and refreshments We're served
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Edward Gould, who is at tile Augusta
General hospital suffering from {.
broken thigh, was reported, Thursday.
to be as comfortable as could be eX-
pected considering the nature of the
injury
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Mr.. and Mrs. Arthur c. Hall Of Wa
terville are passing the week in Au-
gusta as the guests of his brother.
Assistant Postmaster l.. S. Hall, On
Sewall street.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Miss Edith Potter Of Portland, for
merly of Augusta. Is visiting in the
city for few days, the guest OF
friends.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Thursday. was the first day of the
winter on which the mercury was at
zero during the noon hour. In several
places about the city thermometers
stood at that point at noon, while
Others showed Is low as four degrees
below zero,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03
Daily kennebsc Journal
.,.,,..,.,,,..,..-,, Telephone 1875.
LOCAL BRIEFS

Dr. +. \. Williams of Phippsburg.
formerly of Gardiner. was a visitor in
Augusta, Thursday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

George A. Perley of the Perley Co.,
is confined to his tome on State street
suffering from an attack of grip.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Mrs. Col. Kendall and daughter of
Bddeford are visiting Mrs. L. c.
Leighton, 13 Patterson street.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Frank r. Wellmar was in Water
vile, Thursday afternoon, where he
went for the purpose of adjusting Il
fire loss.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

The Miriam Circle VIII meet will
Mrs. Florence Bennett, st. Catherine
street, Friday evening at - o'clock.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-03

Train No. 8. known to railroad men
as the Sunrise express which is the
-.sts tlsasIsa--Raill ,aan.- leaking Angus Ia
at 3lI \. NJ, was four hours and 50
minutes late Thursday morning and
did not get along until O'Clock. The
reason for the delay was that the
train was held up by freight wreck
at Enfield.
The new era., 1911-12-07
A Great Newspaper Offer.

The Kansas City Weekly Journal
is making agreat offer to get subscrit
ers. Anyone sending the small sum
Of 80 cents will receive the Kansas
City Weekly Journal one full year
and the Missouri and Kansas Farmer
one full year-these two great paper
for oneyeareach for the small sum
Of 80 cents. This is clubbing ar
rangment between the two papers.
The Kansas City Weekly Journal is
well known as one of the best week
lies in the West The Missouri and
Kansas Farmer is a splendid paper
devoted. to all classes of farm and
home news. These two papers max
a splendid and valuable comination
the reader. The Kansas City week
ly Journal furnishes the news of the
world. The Missouri and Kansas
Farmer furnishes reliable news on
all class of farm and home affairs.
The Farmer is published twice month
ly. Two great papers W ole year
for the small sum of 30 cents.
Send 30 cents right off and get
these two papers for one year each
as thisgreatoffer will not be good
after January 1. 1912. Address the
Kansas City Weekly Journal. Kansas
City Mo.
The new era., 1911-12-07
PUBLISHED EACH THURSDAY.
A SCHOOL FOR sTocKMEN

The Seventh Annual National West
ern Stock Show will be held inDenvec
January 1920. This annual exhibition
belongs to the stockmen of theWest.,
and is conducted for the express
purpose of enabling western men to
secure the most modern ideas on the
breeding, growing and feeding Of
live stock of all kinds. The premium
list is out and offers about $4,000 in
cash premiums in the various depart
ments. This annual show has grown
to be great school for stockmenand
farmers of the West. Last January
over $4,000 stock farmers from all
parts of the west attended, and it is
expected that at the show in jan
uary fully 10000 will attend. The
best the world produces in pure-bred
cattle, horses, sheep and hogs, as well
as fine poultry, are exhibited in com
petition, and a department is pro-
vided for the exhibition of the feed
and forage grown in the west, and
cial products of cattle, sheep and
hogs. Every stockman and farmer ii
this section should secure prem
ium list and either exhibit or attend
the show as student. 1t is abusi-
ness proposition that no up to date
farmer will overlook Premium lists
can be hadfrom Fred P. Johnson, Sec
retary, Denver, Colo.
The new era., 1911-12-07

tention to make final Desert Land
Entry proof, to establish claim to the
land above described. before William
o. Mosman, U. 8. Commissioner, at
Walden. Colorado, on the 9th day OF
January, 1912.
Claimant names as witnesses:
Samuel T. Mann, Charles E. Mitch
ell. Daniel B. Walthall and Charles
sperry, all of Walden. Colo.
G. D. FORD. Reister:
NoTIcEFoR PUBLICATION.
Department Of the interior.
n 8. Land Office. Denver. Colo.
Serial No. 0767s.
October IA. 1911.
Notice is hereby given that Charles
P. Murphy. Of spicer. P. Q. Jackson
Go colorado. who on April9th. 1906
made desert land entry, No. 1888.
for M and sEA sWA. NWA SEA
section 10. township 8 N. range 50 W
9Th P. NJ. has filed notice OF inte@-
tion tomakefinal desert land entry
nroof to establish claim to the lana
above described, before VIM. o. MOE
man. a U. 8. Commissioner at MS
office. at Walden. jackson 20. Goio-
RADIO. on the 18th day Of Dec. 1911.
Claimant names aswitnesses
Eugene H. MCGOWAN, and WIN. ".
Mellen. OF Hebron. Colo. John A.
McNamara and Dennis brennan u
Spicer, Colo. on FORD.
Register.
The new era., 1911-12-07
Serial No. 0307.
NOTICE FOR PUBLICATION.

Serial No. 0307.
NOTICE FOR PUBLICATION.
Department Of the Interior.
H. 8. Land Office at Denver. Colo.
October 9, 1911.
Notice is hereby given that Charles
Brown. of Higho P. o. (now Walden
P. O. jackson county, Colo. } who.
ON July 14th, 1908. made D. L. e. en-
try, No Oao7. for s1A NWA. Sec. 1,
township 9 N, Range 50 w, 9Th T. M.
has filed notice Of intention to max
final D. L. E. proof to establish
claim to the land above described
before VIM. o. Mosman a U. S, Com
missioner at his office, at Walden.
Jackson Co., Colo. on the Is tn day
of December, 1911.
Claimant names as witnesses:
VIM. r. Monahan, John Murray,
Mamie E. Leek. and Nellie Lsek, all
of Higho, Jackson Co. Colo.
eoA- ~ G. D. FORD. Register
The new era., 1911-12-07
Serial No. o744
NOTICE FOR PUBLICATION
Department. Of The Interior

U. s. Land office at Denver, Colo.
Dec. 4, 1911
Notice is hereby given that Hilda
Wattenberg, of Higho P. o. jackson
Co. Colo, who, on June 18th. 1908.
(Amended Dec. "a, 19Os). made Des-
ert Land Entry, No. 1876 (0744). for
NWA of NWA /. E1s of NEA 2, T.
N. r. 81 W. & SEA 6 SEA of
NEA, Section 35, Township 10 N.
Range 81 W.. 9Th p. Meridian. has
filed notice Of intention to make fin
al D. L. E. Proof to establish claim
to the land above described. before
w. Miller Mosman, Clerk of the Dis
trict Court. at Walden. Jackson Co.,
Colo. on the 9Th day of February,
1912.
Claimant names as witnesses:
Willis J. Briggs, Oscar Anderson and
Edward A. Wattenberg Of Higho p.
O., jackson Co. Colo. and John Simp-
son Of Hebron P. o., jackson Co.,
Colo.
COAL LAND
c. D. FORD. Register.
IL Z IL, II IL
The new era., 1911-12-07

Serial No. 02538
NOTICE FOR PUBLICATION.
Department Of the Interior.
U. s. Land Office at Denver. Colo.
Nov. 21, 1911
Notice is hereby given that Nellie
r. Affolter. administrative Of the
estate Of John Affolter, deceased. Of
Lafayette. Colo. who on Nov. 18th,
1904, made Desert Land Entry, No.
700(0253S). for NH. Section 9, Town
ship sNorth. Range 70W, 9th Princi-
pal Meridian, has filed notice of in