davidaulloa/AmericanStories huggingface dataset:
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
TRAIN HELD Up
BY BOY BANDITS
Daring Robbery Successfully
Accomplished in Alabama.
NINE FORCED TO LINE UP.
In Most Approved Style the Two
Youths Stopped the Express Train
BY Showing the Danger Signal
and Awed Engineer.

Cottondale, Ala-Two mere boys
were the bandits who rifled the mail
car and dynamited the express safe
on Alabama Great Southern train, No.
Z, near this place and escaped with
booty variously estimated at from a
few hundred to fifty thousand dollars.
In the search for the bandits Deputy
Sheriff James Bonner, of Birmingham,
was shot and killed by a member of
another posse from Montgomery, who
mistook Bonner for one of the robbers.
After stopping the train at Bibb-
vile Siding at 1890 A. NJ. by means of
block danger signal the young ban
dts, with drawn revolvers, forced the
engineer, fireman, express messenger
and six mail clerks to leave their
engine and cars and line up at the side
of the track. The robbers then COM
PEELED one of the trainmen to detach
the engine, express and mail cars,
whereupon the bandits boarded the
locomotive, and with one robber at
the throttle drove the front part of
the train several miles down the track,
where the express safe was blown to
bits with dynamite and the registered
mail pouches were riflcd.
The robbers then threw open the
throttle of the engine, leaped to the
ground and escaped with their booty
into the swamps, while the runaway
engine and express and mail cars
dashed on down to the track through
several towns, until the steam in the
engine was exhausted and the run
away train came to a stop at Engle-
wood, Ala.
Trainmen who witnessed the hold
up said they believed the robbers were
well paid for their daring
One of the trainmen told the follow
ing story of the hold-up:
THE train was stopped by means of
danger block system, which had been
tied so that the red danger signal
faced the train. AS soon as Engineer
Daniels saw the signal he stopped the
train, only to be confronted with a
brace of revolvers in the hands OF
an 18-year-old boy. He was made to
leave the train with his fireman.
''L. Pool, the express messenger, was
eating his lunch at the time the two
robbers entered his car. The messen-
ger said to them: Go away from
here or | will throw this hot coffee on
you" AS he made a motion to carry
out his threat bullet famed his cheek
so closely that he fell to the floor
under the impression that he had been
shot. Six mail clerks were made to
leave their coach and stand on the
right of way with their hands up.
Then the bandits forced the porter to
cut the two front coaches and engine
from the sleepers. The front section
pulled away from the other section
with one of the bandits at the throttle.
Conductor Cook already had gone
through the sleeper locking the doors,
arousing the passengers and advising
them to hide their valuables. With
the throttle wide open the runaway
train passed station after station until
1t stopped at Englewood, when the
engine went dead"
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
A CLOSE WATCH
KEPT ON MEXICO
President Must Be Assured Elec-
ton Will Be Constitutional.
HUERTA'S DECISION PLeASES
His Withdrawal Regarded As Due
To Lind's Suggestion.
Gamboa's Election
Doubted.

Washington, Sept 25.-President
Wilson has taken the position that
the policy of moral suasion adopted
by the United States toward Mexico
had accomplished its two cardinal pur
poses, ito obtain assurances that
there would be a constitutional cleo
ton and that Provisional President
Huerta would not be a candidate to
succeed himself"
Adyices received here describing in
detail the preparations being made for
the election of October 26 and stating
also that General Huerta would not be
a candidate, but would support Freder
leo Gamboa, Mexican Minister of For
eign Affairs, the nominee of the Catho-
lie party, encouraged President Wilson
and Secretary Bryan to believe that
the Huerta government was carrying
out what the United States had en-
phasized in the Lind negotiations as
the essential features of satisfactory
settlement of the revolutionary trou-
bles.
The President realizes that it will
not be Immediately possible to judge
whether the processes of the election
are actually constitutional, and will
withhold decision for some time as to
whether the choice of that election
will be recognized by the United
States
The likelihood that foreign Govern
ments will await the judgment Of the
United States before extending rec
ognition is being impressed upon the
Mexican authorities, it is said, with
view to insuring free choice. How
ever, doubt as to the value of the
coming election as expressing the will
of the Mexican people was cast by
constitutional headquarters here in
the issuance of a statement saying its
supporters, extending over many
Mexican States, would not go to the
polls
Many persons, familiar with the
purposes of the Administration here,
predicted that the next step in the
policy Of the United States would be
an effort to show indirectly to the con-
stitutionalists the necessity of par
ticipating in the election.
Administration officials let it be
known that the United States was not
concerned with the personnel Of the
candidates beyond its opposition to
General Huerta's continuation in
power-a position justified in their
minds because OF his irregular as
sumption of authority and overthrow
of Madero. This attitude was declar
ed necessary to further the cause of
stable government in Latin-America.
A feeling of relief that the situation
was adjusting itself is apparent here.
From high Administration officials
came the statement that, while no
change in orders had been sent to
consuls about Americans leaving Mex
leo, the disposition OF President Will
son always had been to leave the ques-
ton entirely to the discretion Of the
Americans in Mexico, still urging those
in the trouble zones to depart and Of
fering them pecuniary assistance.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
ST. Johns College.

Annapolis.-At a meeting Of the
board OF governors and visitors OF St
Johns College, John B. Rippere, pro-
fessor of Latin, was elected vice-presi-
dent to succeed DR.. B. V. Cecil. re
signed. Second Lieutenant c. S. Nc
Neill, Fiftieth Cavalry, United States
Army, as military commandant at the
college, assumed his duties on We'd
nesday, relieving First Lieutenant d.
Murray Cheston, who has been order
ed to join his regiment. Frank c.
Mellon, captain of last years football
team and member of the baseball and
basketball teams, was elected athletic
director
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
DEATH FOR HuERTA CANDIDATE
Will Be Tried AS Traitor, Declares
Governor Carranza.

Douglas, Ariz-"I declare that who
ever proclaims himself President OF
Mexico as the result of the elections
Huerta promises in October will be
considered a traitor to his country. II
he falls into our hands, he will be
tried under the law of January %,
1862, and the same treatment will be
accorded to all who recognize him as
President"
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
Naval Academic Board Meets.

napolis.-The Naval Academic
Board met Tuesday. The board is
composed of the heads of the several
departments OF instruction, Superin-
tendent Gibbons being the presiding
official Arrangements for the re-ex-
animation of number of midshipmen
of the first second and third classes,
who were found deficient at the tests
in June, were made Promotion of
the delinquent ones to the next high
er class is dependent upon the result
of these examinations.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
NO QUARTER GIVEN.
All Prisoners Taken BY Albanians Or
SerVians Shot.

Vienna, Austria.-No quarter is be-
ing given in the fighting between the
Servian troops and the Albanians, &C
cording to dispatches from Belgrade.
All prisoners taken by either side are
instantly shot, The Albanians besides
taking Dibra have stormed and cap
tured the towns Of Struga, Jakova,
Kitchevo and Jabovetza, but they fail
ed in their attack on the important
town &C srend.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
DIPLOMATIC POSTS.
Illinois Editor Under Consideration
For st. Petersburg.

Washington. - H. NJ. Pindell, news
paper editor of Peoria, H., is foremost
among those being considered by
President Wilson for ambassador to
Russia. His friends expect his nomi-
nation will be made within a short
time. Mr.. Pindell was prominent at
the Baltimore convention and was
largely instrumental in swinging the
big vote of the Illinois delegation for
Mr.. Wilson at crucial time.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
ULTlMATUM TO CHINA.
Given Three Days To Comply With
the Japanese Demands.

London.-A dispatch to a news
agency from Shanghai says the Japan
csc minister has presented China with
an ultimatum which gives China three
days to comply with Japans demands
for satisfaction for the recent attacks
on Japanese in Marking. The CORE
spondent says it is believed China, will
find 1t impossible to concede Japan's
terms. He adds that the nature of
the action contemplated by Japan in
case her demands are not fulfilled
has not been disclosed.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
PRESIDENTIAL NOMINATIONS.
Byron r. Newton, Assistant Secretary
OF the Treasury.

Washington. President Wilson
made these nominations:
Assistant Secretary of the Treasury,
Byron R. Newton, of New York.
John A. Thornton, postmaster,
Philadelphia.
Assistant Appraiser of Merchandise,
district of New York, Christopher c.
keenan,, of New York
Byron r. Newton is former news
paper man, now private secretary to
Secretary McAdoo. AS assistant sec
rotary of the Treasury he will have
direct charge Of the revenue cutter
service, public buildings, internal
revenue and miscellaneous bureaus of
the department.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
sAUERKRAUT GOES SOARING.
Cabbage Advances to $17 a Ton, An
Unprecedented Price.

Fremont, Ohio.-Kraut cabbages
reached the unprecedented price of
SIT ton here. Kraut makers in this
city, which is the centre of the Ameri-
can kraut industry, had hard work
getting material at that price and sew
eral suits have been instituted against
growers who contracted to sell their
cabbage at low figure and now refuse
to deliver at the contract price.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
GIVES LIFE FOR CHILDREN.
New York Official Checks Runaway
Horse, But Is Killed.

New York,-Edward Scully, super
intendent in the Street Cleaning De-
nartment, sacrificed his life to save
a crowd of school children from a run
away horse. The horse, driven to a
truck, was headed toward a corner
in Brooklyn occupied by two public
schools. On the sidewalk were some
300 children. Scully dashed out of
his office. seized the bride and turned
the animal into the curb. Although
he had checked the runaway he was
carried under the horses hoofs and
instantly killed.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
MISS BREHM'S TALK.
Tells Alcohol Congress About Tenn
perance In America.

Milan, Italy.-Miss Marie C. Brehm.
of Pittsburgh, Pa, read a paper on
Temperance Teaching before the In
ternational Congress on Alcoholism.
She urged that temperance instruc-
ton should be based on strictly
scientific grounds. The fight for tenn
perance in the United States, she said.
had given encouraging results during
the past 80 years. Workmen in Amer
lea were more temperate than in any
other country, she declared.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
AMERICA SECOND IN AVIATION
International Contest Ends, With
England First.

London.-The International aviation
contest between America, England and
France, which began at Handon, Sep
TENDER 20, ended Saturday. The
American team, G. w. Beatty and w.
l.. Brock, finished second to England
in the speed test and cross country.
The positions in the final aggregate
were: England, America, France
fight. Brock won the altitude fight.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
eRlsT STONE KILLS TWO.
Men Hi BY Fragments When It
Bursts

Hazlehurst, Miss.-James Sullivan
owner of grist MILL and Henry
Strong. a farmer, were killed here
when the grist stone of the mill burst.
Sullivan lost control of the engine and
the stone let go under high velocity.
Both men were struck by fragments
Of the rock, Sullivan was decapitated.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The position of commandant at
Charlotte Hall Military Academy is
filed by Capt. R. G. Bates, a gradu-
ate of West Virginia University. For
the last two years he has been prin-
cipal of Hedgesville High School.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
U. S. SOLDIERS FIRED ON.
Mexican Federal CavaIrymen Attack
American Horsemen Doing Patrol
Duty

Ell Paso, Texas.-A detachment Of
United States Troop H, Second Cav
airy, was fired on by Mexican Federal
cavalrymen. the Americans being on
duty patrolling the International
border about Is miles east of FL Paso.
None of the Americans was wounded.
Two Texas Rangers who were near
by were also fired on by the MeXicans.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The barracks on the farm of Andrew
]. Miller, near Antietam, we're burned
with the seasons wheat and hay crops,
entailing a loss of several thousand
dollars, which is partly covered by
insurance.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

Miss Pearl Mclaughlin, 1S-year-old
daughter of William Mclaughlin, of
Oldtown, VINO had been missing from
her home for two months, was appre-
hended at Hagerstown upon her ar
rival from Cumberland
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

w. F. Miller, a Western Maryland
Railway fireman of Hagerstown, was
run over by a locomotive at Wayne
castle, and the Altenwald cutoff, and
seriously injured.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The frame barn, owned by ]. D.
Wine and tenanted by Homer Taven.
er, two miles east of Lovettsville, was
destroyed by fire, with this seasons
wheat and hay crop, feed, farming i'm,
plements and harness, entailing a loss
of $4,000, partly covered by insurance
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
MARYLAND NEWS
IN SHORT ORDER
The Latest GIeanings From All
Over the State.

Fifteen shares of Washington Coun-
ty Water Company stock, par SO, sold
at auction Wednesday for $1,000 a
share.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
Estimates OF Tax.
The income tax estimates follow

President Wilson, the federal judges
of the Supreme and inferior courts
now holding Office, and employees "of
state or any political subdivision
thereof" are the only persons specific
ally exempted from the tax by the new
law. The President and judges now
in office were made exempt to escape
any questions of the constitutionality
OF the law, and their successors in
office will be compelled to pay the tax.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
Exemptions Allowed.

Necessary expenses of carrying on
business, not including personal, living
or family expenses
Interest paid out on Indebtedness.
National, state, country, school or
municipal taxes paid within the year.
Trade losses. or storm or fire losses.
not covered by insurance.
Worthless debts charged off during
the year
reasonable allowance for the de-
probation of property.
Dividends from companies whose in
come has already been taxed.
Interest from state, municipal or
government bonds.
1t is a clear provision of the law,
however, that the taxable person must
make return to the internal revenue
collector for his entire met income, 8"
and exemptions claimed under the law
must be submitted to the federal Off
GERS for them to determine upon their
reasonableness or legality.
The amount of the income tax as
finally agreed upon follows: From
$4,000 to $4,000, one per cent; from
100000 to $4,000, two per cent; $780,
600 to $4,000, three per cent; SIS
600 to 100000, four per cent; $780,
600 to s250,000. five per cent; $780,
600 to 100000, six per cent; above
$780, 900, seven per cent.
single man with an income of S25.-
600, for example, would pay one per
cent. on $4,000 and two per cent. on
$4,000, total tax of $40 If married.
the first tax of one per cent. would
apply to only $4,000 of the income.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
Wholesale Markets

NEW YORK.-Whest- Spot easy;
No. 2 red, 9415 f, New York export
basis, and SO afloat; No. North
ern Duluth, 944 afloat
Corn - Spot weak; export, 1871
nominal f b af1oat.
Oats-Spot easier; standard white,
4s4947; No. 8, 451aG46; fancy clip
ped white, 471204S12.
Cheese - Steady; receipts, $500
boxes; Wisconsin whole milk flats,
best, 16Hc; twins, best, 16; daisies,
best, 1914 q 1872.
Eggs - Irregular; state. Pennsyl-
yapia and nearby hennery whites, 400
As; gathered whites, 36643.
Live Poultry Western chick
ems, 1SG19c; fowls, 1913; turkeys,
II. Dressed steady; fresh-killed West
ern chickens, 17G24c; fowls, 1401912;
turkeys, 1890.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The twenty-fourth annual reunion Of
the members of the First Eastern
Shore Regiment, Volunteers of the
Civil War, was held at Easton. 1t was
called to order by John E. Rastail, of
Washington, president of the associa-
ton, with Joseph T. Kenny, of North
East, as secretary. Ts.s address of
welcome was delivered by j. Frank
Turner, on the part of the citizens of
Easton, and responded to by President
Rastall.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
PORFIRlO DIAZ'S DENIAL.

Has Received No Communication Re-
calling Him.
Birritz. France.-Gen. Porfrio Diaz,
the expresident of Mexico, declared
that he had received no communication
from the Mexican War Department re-
calling him for service. He expressed
the opinion that any report regarding
his recall must have arisen through
confusing him with Gen. Felix Diaz.
The ex.President said he would remain
here until the middle Of October.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

BALTIMORE.-Wheat-No red
spot and September 81; October, 81.
Corn-Quote fresh shelled yellow
corn, on track for domestic delivery,
at soc per bu asked for car lots on
spot.
Standard white, new, 45c
sales; old, 46 asked; No. white, new,
AK d45; old, 4512 asked; No. 4 white,
new, 44Q44A
Rye-No. l rye, Western, domestic,
75G76c; No rye, Western, domestic.
72a73. Bag lots nearby, as to quality,
6Od7Oc.
Hay-No / timothy, s1S.5O@19.00;
standard timothy, $1S.O001S50; No. .
timothy, $17.5OQ18.OO No timothy,
s16OOd17OO; light clover, mixed,
$1700d1750; No. l clover, mixed,
s165O61700; No. 2 clover, mixed.
$1450d 1850; heavy clover, mixed,
s1550d1600; No l clover, $15.50G
1900; No. 2 clover, $13.5OG15.0O.
Straw-No. l straight rye, new,
$165Od17O0; No. . straight rye, new,
$3.50; No. l tangled rye, $95O@1O.OO;
No. wheat, $3.50; No wheat, $500;
No, oat, $S,OOG9OO; No oat, $500
$500
8utter-Creamery, fancy, 32633:
creamery, choice, 30631; creamery,
good, 28629; creamery, prints, 32q34;
creamery, blocks, 31633; ladies', 220
90; Maryland and Pennsylvania rolls,
22G23; Ohio rolls, %; West Virginia
rolls, %
Cheese-We quote, jobbing lots, per
pound 171aG18h
Maryland, Pennsylvania and
nearby, firsts 29c; Western, firsts, %:
West Virginia, frsts, 2S029; Southern,
firsts, q. Recrated and rehandled eggs,
&c to 1c higher.
Live Poultry-Chickens old hens.
1Sc; do. old hens, small to medium.
II; do, old roosters, 1O@11; do, spring,
large, IS; do, small to medium, IS.
Ducks, old 12@14c; do spring, lbs
and over, 14Q15; do, smaller, 10.
Pigeons, young, per pair, 20c; do, old,
per pair, 20. Guinea fowl, old, each.
Csc; do, do, young, tx lbs and over,
So; do, do, do, smaller, 40@45
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02
Live Stock

NEW YORK.-Beeves- trading.
Dressed beef, 12@14c.
Calves-Veals, $9OO@13.5O; culls,
$7.00@S.50; Western calves, sS.75:
city dressed veals, 1920; country
dressed, 1914 ais.
Sheep and Lambs-Irregular. Sheep,
$3.00Q4.5g; lambs, $6.OOG775; culls,
S5.00G5.50.
Hogs-steady; $9.OOG95O; roughs,
$500.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

Mrs. George H. Jefferson has prize
pet hen which probably holds the rec
ord for fredericksburg She says that
on two successive days the hen laid
three eggs each day. Though Mrs.
Jefferson is from a lifelong Republi-
pan family, she has chr.stened the hen
wilson.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The new Church of God (Wine-
brennerians), near Blue Mountain, on
the Edgemont- Rouzerville road, will be
dedicated October 5. Rev. L. F. Muir
ray, of Uniontown Md, will preach
the dedicatory sermon. Rev. w. s.
shrimp is the pastor.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

KANSAS CITY, MO-Hogs Bulk,
SS15GS.45; heavy, sS15GS.35; pack
ers and butchers, $S1OQS45; light,
$S156S.50; pigs, $60O@775.
Cattle-Prime feeders, $S.S0@9.25;
dressed beef steers, s775@S.75; South.
ern steers, $5.5O66S5: cows, s4.256
700; heifers, s5.OOQ9.OO; stockers and
feeders. $5.256775; bulls, s45O@6.S5;
calves, $5.50d9.75.
Sheep-Strong to 10c higher Lambs
$6,5O@715; yearlings, S475@5.75;
wethers, $425A OATS; ewes, $1,000
4.25.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The Hagerstown Fair Association
has arranged with the Eleventh United
States Cavalry, now encamped at Win
chester, to encamp on the Hagerstown
Fair Grounds during the exhibition,
October ID to II. Exhibition drills
will be given daily in the track in.
closure before the grandstand.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

pany, recently incorporated in Balti
more, has purchased the mineral
lands and equipment of the defunct
Potomac Refining Company in Sandy
Hook district. The company, Of
which Louis Plack is president and
Hugh J. Gallagher secretary, executed
mortgage Thursday for $4,000 on
the property to Henry c. Pfaff.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The School Commissioners are ar
ranging to establish a public school
at Somerset to accommodate the chill
dren of Somerset, DrummOnd and
Friendship Heights, who were exclud-
ed from the public schools of the Dis
trict of Columbia
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

Because he cannot be postmaster
and hold a State position at the same
time, Harry Ward, of Jarrettsville, has
resigned as a candidate for the Leg
islature on the Republican ticket, and
will be succeeded by Nelson o. Merry
man, near Cooptown.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

At a meeting of the Washington
County Medical Society, a committee,
composed of DR.. j. Mcpherson Scott
Mayor Of Hagerstown; DR.. w B. Nor
rison and Dr. A. C. Maisch, was ap-
pointed to make arrangements for the
semi-annual meeting of the Maryland
Medical and Chirurgical Faculty to be
held in Hagerstown, October q and %.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

PITTSBURGH, PA Cattle
Steady supply light. Choice, $500
S.S5; prime, $S.25@S5O.
Sheep-Slow; supply fair. Prime
wethers, s4.S5@5; culls and commons,
$2.5O@9.50; lambs, $5@725; veal
calves, $115O@12.
Hogs-Lower. Prime heavies, SO;
mediums, $9.SO@9.35; heavy Workers,
$S.3Oq9.95; light Workers, $S5O@9;
pigs, $6QS.25; roughs, $7.5008.
ACKNOWLEDGEMENTS of sales,
SS1O@S.6O; light, sS2O@8.921s ;,mixed,
$79O@S.90; heavy, S7S00SSO; rough,
$7SO@8.00; pigs, $4250S00.
Cattle-Beeves, S735@9.5O; Texas
steers, $7150S.10; stockers and feed.
ers, S54008.10; cows nd heifsrS
$S.90@S.S5; calves. $S.5OG12OO.
The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-02

The report of the Elkton grand jury
for the September term of the Circuit
Court calls attention to the condition
Of the Courthouse. 1t is declared to
be "old and dilapdated, unsafe and
liable to fall out at any time" The
jury requests that the court appoint a
committee of nine citizens, one from
each district, to visit the courthouse,
make a thorough examination of the
building and report to the court not