davidaulloa/AmericanStories huggingface dataset:
, 1915-09-01

@'tN 49,
Ho5pltaIet ChrIstiunsted -. 135 O..
HoSpitplet / Frederik,ted ..... l35 90
Landfysikus, frn III 1914. ;
Mir. II Fr. l5................." 1900
T1tder Post III. l.
Fpngselsin~pekloreu, frn II
IA 9 Mlr. IL n. 10 ...~....... l33o0
F,cs. l,S5O.S5
V.dtag4t den II Janunr 1915.
I. Under Post VII Nillcs og Brand
clRSenet,
4. Ordeu,korpset bev!ges yderlige:
iii An4kttfeIs4 If Uuiformer og Uni
formsyonstande i AnIedning If NY I'd
skrjvnin4, n|nslaeet ....... FER. 300 90
II. Under Post VIII Iejn~seDe', Glder
M. m. bevilSes under N.Y. NumIuer 8:
Som Erstatujng til Vejkom us4ionrns
tidliacre Formand. fhy. Byguiu44il-
spector J. V debel II Frc3. 100 90
narlig, for 3 Mauneder... .FrcS. 375.00
III. Und~r Post WV. For5hci,ge Ld-
git1er.
l. Fo,skellige Underst6tteIser og PENCE
hjelp beyiISes:
Nyt Nummer +: Til fay. Di7trikt4 J)r-
demader H0yor, Underst ottelse nf Frcs.
$4,000 uarllg fra L Docembtrl9l4 til 81
Marts 1915 ...... ...... Uses. 10000
~. C"der IoSt - Ooe@fe"fe 9
ter ooVlISes ydorIser9:
a ~ lst"ndeettNI4e al h,tke9@'Lden !
ChrIstlnhsted tfc9. l'ooo.oo
b. IN IrykmnG al en k1en"Io%''t o. sag
h% ordde' F~otfe@nei5e over "e Tor "e
d"nSk-veSt'naIske Ger &io u'"a7 A"'-
bestemmeIser, m. IN. ST. Crock Andel..
...... =. $50. Frc4. 7O3.l2t
Tedtuqct den 80 HoutS 1915:
[. Todcr Post III Rsls og Politiole
Seuef bevilees vderllgere:
l. TN Kourorhold we'd Underdommer-
Skriver- 90 PoIitlmeS,erembe let
tion Frcs. 10000
.. I'll do. we'd do. i Frederlk-
atada Jnria hktion " $4,000
=,
=" o Ia%alr os'
'TI .,.,3 80 Ch,i,
o. ~ NouO'' ~" Wv 0uf.I@.
1,""St9,s 1o ps" I've F,.. 200 81
7G0c,u'eIF'" I'S"r"3' "'-.",
IL "S'' l0l F." ." ''
StI'gs "o'tSoS 2"'''' r.oa or ca
- Nr''"',","
, 1915-09-01

Ialt Frcs. 2O0.45
VII. For Tjenestetelefoner toreslnaes Diet
at bevilse Frcs. 1%,85o.85, der fordeler sig
saaledes:
Under Post II. Ic.
Kolonialraadets Formnnd, fra
~ II. 8 Mdr. a FIR. Is ........Fr. 1880
Sammes Kontor..........." 1850
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
SIX MEN INDICTED.
Grand July in Chicago Takes Action
in Connection with the East
land Horror.

Chicago, Aug. II. = Indictments
charging manslighter and criminal
carelessness were returned in the
criminal court today in connection
with the Eastland disaster.
} The captain and engineer and four
&of6cers of tie st. Joseph-Chicago
steamship company, owners of the
boat, are named as follows: George
T. Arnold, president; William H. Hull,
vice president and general manager;
W. C. Steele, secretary-treasurer; Ray
w. Davis, assistant secretary-treasur-
Ter; Harry Peterson, captain of the
Tastland; Joseph NJ. Erickson, en-
gineer.
Bonds were fixed at $4,000 each
for officials and $4,000 eacn for Pc
derson and Erickson. The two last
named are charked with criminal care
less and the officials with manslag1-
ter.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
Disagreeoble Calomel is yield
ing to Pleasant Liv-Ver-Lax

Physicians generally agree that the
nauseating, unpleasant effects of calo-
mel are due to the undesirably violent
action it has on t. e system. For long
while various substitutes have been
tried, but it was only recently that the
really wonderful remedy, LIY-YER-
LAX, was prepared successfully by L.
K. Grigsby.
LIV-VER-LAX has all the good, and
none of the bad effects of calomel. 1t
is a necessity in every home, always
being ready to cleanse the sluggish
liver and bile clogged system, with no
unpleasant after effects.
LIV-VER-LAX is guaranteed to give
satisfaction, or your money will be i'm
mediately refunded. Insist on the orig
inal bearing the likeness of L. K,
Grigsby. For sale in SOC and 81 bot
ties at Glider & Weeks.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
NOTICE.

A meeting of the stockholders OF
The Farmers Bank, Silverstreet, S. c..
will be held in tie bank building at
silverstreet, S. c., on Tuesday, the
31st day of August, 1915, at o'clock
.. NJ, at which meeting the matter of
liquidating, winding up the affairs and
dissolving the said bank, a corporation
under the law Of the State of South
Carolina, will be cosidered and voted
on. Stockholders may attend in per-
son or by proxy. This meeting is or
dered by the terms of a resolution Of
the board of directors of said bank.
H. O. Ions,
President of The Farmers Bank,
Silverstreet. S. c.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
NOTICE TO TRUSTEES.

1t is utterly impossible for the
County Auditor to know the location
and amount of real and personal prop
erty in districts having special tax,
unless he has TIE assistance of the
trustees of the special districts. l
therefore request and urge tnat all
trustees of special school districts
meet in the Auditors Office at differ
ent times between now and the 18th Of
August, 1915, and check over the re-
turns and place the amount of real
and personal property due to be taxed
in their respective districts.
Eugene S. Werts,
7-27td County Auditor.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
Great Mems Cares.

The great man touched the electric
button under his desk, says the New
ark News.
His secretary appeared in the door
way.
eyes, sir"
"My interview on the war-have
you looked over the proofs from the
Morning Gazette?"
eyes, sir"
Have you compared them carefully
with the original?"
eyes, SIR
"And found them correct?"
''In every detail, sir
Good. Now, before l leave town
for my summer home, fetch your pad
and I will dictate a follow-up letter to
the Gazette, saying that l have been
grossly misquoted in their interview
with me-"
eyes, sir"
"And, Smith
eyes, sir"
Don't make tie mistake of mailing
the letter before the interview had ap-
peared, the way you did in the case
of the E7ening Bulletins interview
with me last month. That was most
annoying, Smith, most annoying"
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
COMFORTING WORDS
Many a Newberry Household Will
Find Them So.

To have 4he pains and acnes of a
bad back removed-to be entirely free
from annoying, dangerous urinary dis
orders. IS enough to make any kidney
sufferer grateful. Tie following ad-
vice of one who has suffered will
prove comforting words to hundreds
of Newberry readers.
Mrs. B. F. Cannon, 1902 Harper
street, Newberry, says: 81 suffered
terribly from kidney ailment. I had
such terrible pains in the small of my
back that 1 couldn't turn over in bed,
and many nights I didn't rest at all
I was nervous and out Of sorts. Tine
kidney secretions were unnatural and
caused me lot of annoyance. l final
ly got Doan's Kidney Pills from Gil
der and Weeks Drug Store and began
taking them. They helped me rigit
away and one box fixed me up in good
shape"
Price soc, at all dealers. Don't
simply ask for kidney remedy-get
Doan's Kidney Pills-the same that
Mrs. Cannon had Foster-Milburn Co.,
Props, Buffalo, N Y.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
WINSTON.SALEM MAN
SAVED FROM DEATH
]. E. Erwin Says Wonderful Remedy
Brought Him Astonishing
Relief.

J. E. Erwin, of Winston-Salem, N. c.,
was for a long time the victim of seri-
Gus disorders of the stomach. He
tried all kinds of treatment and had
many doctors.
One day ne took a dose of Mayrs
Wonderful Remedy and was aston
ished at the results. The help he
sought had come. He wrote:
81 am satisfied through personal
use of the Iife-saving powers Of your
Wonderful Remedy. You have saved
my life. could have lived but few
weeks more mad it not been for your
remedy. am enclosing a list of friend
sufferers who ought to have some OF
your remedy"
Mayr's Wonderful Remedy gives per-
manent results for stomach, liver and
intestinal ailments. Eat as much and
whenever you like. No more distress
after eating, pressure Of gas in the
stomach and around the heart. Get one
bottle of your druggist now and try It
on an absolute guarantee-it not salts
factory money will be returned.
adv
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
NOTICE TO STOCKHOLDERS.

Notice is hereby given that meet
ing of the stockholders Of the Little
Mountain Oil Mill and Fertilizer Com
ps.ny will be neld at the Offices Of the
company, Little Mountain, S. c., Sep
tember 1, 1915, at o'clock p. M, to
consider the following resolutions,
adopted by the board Of directors July
80, 1915, proposing that preferred stock
be issued:
Resolved, That the Little Mountain
Oil Mill and Fertilizer Company issue
1850 shares of preferred stock, of the
aggregate amount of $13,50O; t2at the
stockholders, and directors who are
now liable for tine debts Of the COM
pany, either as makers or endorsers
of it's notes, shall have the preferen-a
of taking such preferred stock in pro-
portion to the amount of their respect
i've liability; U.at such preferred stock
shall be lien upon the net profits OF
the corporation and, if the property OF
the corporation should be sold under
foreclosure, or in liquidation, such
preferred stock shall be lien upon
the proceeds of sale, after paying ex-
penses and the debts of the corpora
ton; that no dividend shall be paid
upon any other stock in any year until
the preferred stock authorized by these
resolutions shall have received a div
idend of eight per cent; that such pre-
ferred stock is to be regarded as col
lateral to secure the payment of notes
and obligations of the company on
witch the holders of such are liable,
and any payment made on this pre-
ferred stock out of the earnings of the
corporation, or out of any sale Of its
property, is to be regarded as pay
ment on the obligations assumed by
tie respective holders of said stock,
and the payment in full OF such OBJ
legations out of the earnings or prop
erty of the company shall retire suea
preferred stock in full.
By order of the Board Of Directors.
W. P. Derrick,
President and Secretary.
8-2-4taW
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
KILLER AT WORK
ON ELECTRIC WIRES.
John Peter HillhOuse Meet Death in
= Anderson Electrica StatiOn-Ju-
niOr at Georgia Tech.

IES SlolC.
Anderson, Aug. 11-John Peter Hill
house, 81, eldest son of Mrs. Julia Nc
Fall Hillhoust, was electrocuted while
working on electric wires in the new
switch house Of the Southern Public
Utilities company today. He was
standing on board on the top of the
electric equipment wllich controls the
electric current of the Southern Power
company and three local plants when
his leg brushed against bar charged
with 1000 volts. His hand was rest
ing on galvanized weatherboarding
which made the circuit complete, send
ing the current through his body. He
mad presence of mind enough to call
to fellow workers to throw the
switches, which was done, but he was
burned so badly that death came few
moments later. Hillhouse's father was
killed by a seaboard train in the rail
road yards at Abbeville dozen years
ago, wnere he was employed as yard
master. Young Hillhouse was mem
Der of the junior class at Georgia
Tech and was an unusually bright young
man.
The funeral will be tomorrow.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
REGISTRATION NOTICE.

The board of registration for New
berry county will be at W1itmire on
August 10, 1915, and at Prosperity on
August 13, 1915, for the purpose OF
registering voters And at the Office
in Newberry on the first Monday in
August, which is the last day for reg
istering for the general election in
Board of Registration for
Newberry County.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
Title Was Cool.

Nat Nichols, man about town, 6as
he spotlight again. In the chorus OF
big musical show the other night
le saw girl he used to know well.
i eff it isn't Tillie!" Ee said. After
He performance he asked his friend to
icompany MIN to the stage door and
Ee him renew his acquaintance with
lie. They waited half an hour near
e door, and finally out stepped the
rl. Nat got busy.
Hello, there Tillie!" he said.
Tillie gave a look; then as she
rushed by, she remarked to another
rrl:
R"There's an unusual lot of -strang-
in town this: summer. msesG.2 .s-NsF lysFF York SsI
,I5
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
ReaSSuring Mother.

Edmund had just begun to attend the
public SCI ool and found new friend,
child of wnom Edmund's mother had
never heard, relates the Youths Com
panion.
"Who is this Walter?" she asked.
"Is he nice little boy?"
Eyes, ma am, L e is replied Edmund,
enthusiastically.
Does he say any naughty words?'
pursued his mother.
NO." replied Edmund, with empha-
sis, "and I'm not going to teach him
any"
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
STRINVG TO ASSIST
BEATEN MUSCOYITES
Allies, With Russian Defeat to Re
trieve, Hammering Away At
Dardanelle.

Ldondon, Aug. 1l.-Wh1Ie the Rus
slams are fighting desperately to eXtrl-
cate themselves from the Austro-Ger-
man carddon pressing them in Poland,
their allies are workisg feverishly and
with considerable scccess to open the
Dardanelles, through which they nope
to pour much needed war munitions
into Russia
ince Saturday night, when fresh
British forces we're landed on tie CAL
lipoli peninsula there has been almost
continuous fighting on tn Krithia
road. In these operations the Aus
tralians and New Zealanders in the
'tAnzac" region, name taken from the
initial letter of the words Australian
New Zealander army corps, Lave CO.
operated with new forces to the north.
0 Gain More Ground.
Following successes of the troops on
the Krithia road and those north Of
the ''Anzac" zone, the Australians and
New Zealanders took the offensive yes
terday and trebled t, area they form
erly held. Their comrades to the north
who assisted them made no further
progress, however.
simultaneously the French battle
snip st. Louis attacked Turkish bat
teries os the Asiatic side of the straits
which had been bombarding the al
lied position on the peninsula and put
five guns out of commission.
These actions are believed here to
be preliminary to mu Gilmore am
bilious attempt by tie Anglo-Frencn
commanders to sweep the Turks be-
fore them. Heavy losses which al
ready have ben inflicted on the Turks
have discouraged the Ottomans, ac-
cording to Greek reports.
KOvno Danger Point.
On the Eastern front KoVno is the
danger point in the Russian line. TIE
grand duke apparently has arrested
the German offensive against Riga and
Dvinck, but is hard pressed on the
Kovno front, which the Germans are
attacking with guns of all calibre, IN
cluding the famous 16-inch cannon.
Little has happened in the West ex-
cept the usual artillery engagements.
German submarines in the last
three days have sunk Is vessels, four
of them owned in Neutral countries.
The British patrol boat Ramsey has
been sunk by the German auxiliary
cruiser Meteor in the North Sea. TIE
Meteor's commander, realizing that es
cape from pursuing British vessels was
impossible, abandoned his ship and
blew her up. The Meteor apparently
was the Hamburg-American. company
steaber of that name, vessel of 3,O16
tons. There + ave been requent reports
today of firing off Heligoland.
Negotiation with the Balkan states
in an effort to bring them into the
war are without further Developments.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
A Fufnre Problem.

"Of course your wife favors votes
for women?"
eyes," replied Mr. Meekton, but l
suspect she'll find it hard to approve
OF any plan that allows some of the
women Sic knows to vote just the
same as sne does
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
BIG STORM At LiTTA.
Presbyterian Church Was Struck By
Lightning.

The State
Latta. Aug. I1-Latta was visited
by a !. eavy wind and electric storm
last night about midnight. The rain
came down in torrents. Lightning
struck the Presbyterian church. While
the damage is not serious, yet some
repair work will be necessary.
Quite number of Latta people are
taking advantage of the excursion
rates and are leaving this morning for
the mountains of North Carolina.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
KILLED. BY LIGHTNING.
Honea Path Child Meets Sudden Death
and Sister Stunned.
The State.

The State.
] Anderson, Aug. 1.-THE six-Vear-old
son of John Phillips, a farmer Of the
Honea Path section, was killed and
his four-year-old daughter was shock
bee when bolt of lightning struck the
chimney of Phillips house this after
noon. The house caught fire, but Mrs.
Phillips extinguished the flames be-
ore taey made much headway. Mrs.
phillips and four little children were
h the house when the lightning came.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
Help.

Miss Casey-And wnen we are mar
ried, papa, we are going to build a
bungalow. We are saving for it now.
Casey-And OIL help ye, Mary.
Shurs, Oil begin savin' the bungs
now, though twill take long time to
save enough to be av my use.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
4 Highbrow.

"And now, madam, what about pen
cling the browse
'I think" said Mrs. Nurich, "I'd like
one of these hig2brow effects that l
read so much about IN the papers. =
Louisville Herald.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
TIE Easiest WAY.

''No man is willing to admit that he
can't quit drinking if he wants to-"
That's where prohibition is so
strong" replied Bill Bottletop. GA lot
of US vote for it rather than to let on
that we're afraid of it."
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13

TO Drive Out Malaria
And Build Up The System
Take the Old Standard GROVES
TASTELESS chill TONIC. You know
what you are taking, as the formula is
printed on every label, showing it is
Ouinine and Iron in tasteless form.
The Ouinine drives out malaria, the
Iron builds up the system. so cents
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
And Many There Be.

Flubdug-Well, suppose you we're
up bright and early this morning.
-Roundabout-No, sir; am never up
bright and early. If / am UP early I
am not bEigg3t Edg5 II and iii if | ap iqR bright
I am not early.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
SCHOLARSHIP EXAMINATION.

The scholarship examination for the
Citadel academy will be held at the Of
fee of the county superintendent Of
education on Friday, August 19, 1915.
T-ose desiring to take the examina-
ton will bring their own paper and
pencils. Charles P. Barre.
County Supt Education.
2-10-2t
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
S-2-4taW
Whenever You Need General TonSS
Take Groves

The Old Standard Groves Tasteless
chill Tonic is equally valuable as q
General Tonic because il contains the
well known tonic properties of QUININE
arl IRON. Il acts on the Liver, Drives
oat Malerias Enriches the Blood and
Builds up fhe Whole System. so cents.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13

ON of Mr.. and Mrs. James F. Steph-
ems of iverstreet, the baby who
made the highest mark in the better
babies contest held in Newberry
Some time age. He made an aver
age of SO points out of possible
IGO.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
No. 666

This 10 prescription prepared especially
for MALARIA or cHlLLS & FEVER.
Five OF six doses will break any case, and
If taken then 40 tonic the Fever will not
return. It acts on the liver better than
CalomeJ and does not eripe or Sickeu. 2se
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
lnvIgoratlng to the Pale and SIckEy

The Old Standard general strengthen ing tonic.
GROVES TASTELESS chill TONIC, drives out
Malaria enriche, st 7e blood and builds 1pthe
tenn +rue tor For adults and ck ldreu. Se
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
2-10-2i

Cures Old Sores, Other Remedies Won't ::gs.
The worst cases, no matter of howlong sta-dirg.
are cured by the wonderful, old reliable Dr..
Porters Antiseptic Healing Oil. 1t relieves
Pain and Heals at the same time. 2Sf:. SOS. .oa
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13
Barbecues
Barbecue at POmaria August Is.

Barbecue at POmaria August IL.
The three churches of the Broad
River circuit will give barbecue at
Pomaria on August 13 for the benefit
OF tie Methodist parsonage. Speeches
suitable for the occasion will be made.
Dinner 50 cents and 40 cents.
]. L. Graham,
NJ. H. Kinard,
Managers.
We will give first class Barbecut
at the Newberry Fill, near B. NJ. Su-
ber's, August IA. Come one and all
and spend a pleasant day.
Dinner 50 and 45 cents.
&. NJ. Suber.
7-e-td o. A. Felker.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-13

The funeral will be tomorrow.
The Birmingham age-herald., 1915-09-26

an afflicted child, and do you know Anne actually sends them $5 a month out of her meagre salary? She told me almost apologetically that she was sor- " she couldn't send them more than $5, but that was the very best she could do Now don't you agree with me, ma jor. that there Is at least one martyr living on earth today?'
 1T do indeed" the major replied, sym pathetically. T don't doubt that Anne's case is but one of hundreds we pass in the streets every day, without suspect ing what is really behind the scenes in their lievs."
 No; and their portraits will never be painted by artists and set in gold frames" Miss Petunia added. "nor will whole chap ters be devoted to them in tiresome old books extolling their good deeds, but the fact remains that the world is just as full of martyrs on duty today, even to inn aginary duty, as it ever was and the most beautiful part of these modern sacrifices is that they aren't getting one iota of praise They don't want it; all they are doing is just trying to keep the world from Knowing just what they are sacri- ficing.
 The loss of the big steamships, the
The Birmingham age-herald., 1915-09-26

Titanic, the Lusitania, the Arabic,'' Miss Petunia continued. "only goes on proving to a lot of doubting Thomases that most men are heroes only waiting for a chance to show 1t, but what's a hero, what's dying, when it's the only decent thing to do-compared to living-a martyr to con- ditions that some of the people just around the corner are facing day by day. with brave smile and never thought of self pity, nor asking any sympathy or approval from the world
 Removing her glasses from her eyes and wiping them with her fine little cambric handkerchief, for they were blurred by a bit of mist from her sweet, gentle eyes, Miss Petunia said presently.
 "Pm just a white-haired old worm of the dust, but my creepy old knees still do homage to the saints who, unacclaimed, walk my street and yours, every hour of the day and night. Whats hurry hero, anyway to 8 poor, frail woman whose whole life Is a chain made up of disappointments and sacrifices, and battles lost and humliations and notifications and the whole litany of afflictions, all masked by a dead game smile? What's a hero after all?'
 You've just described one" the major said softly. You misnamed her mar
The Birmingham age-herald., 1915-09-26
Had Pellagra;
 Is Now Cured

Hillsboro, A1a--J. W. Turner, of this place, says: T ought to have written you two weeks ago, but failed to do so. I got well and then forgot to write you. I can get about like 10-year old boy; you ought to see me run around and tend to my farm. I can go all day just like I used to. I am so thankful to know there is such good remedy to cure people of pellagra."
 There Is no longer any doubt that pel la8ra can be cured. Don't delay until 1t is too late. It is your duty to consult the resouTceful Baughn.
 The synptoms-hands red like sun burn; skin peeling oil. sore mouth, the lips, throat and tongue a flaming red, with much muous and choking; indiges- ton and nausea, either diarrhoea or constipation.
 There is hope; get Baughn's big Free book on Pellagra and learn about the semeAy for pellAsra that has at last been found. Address American Con- pounding Co, box 2o14. Jasper, Ala, re- membering money is refunded in any case whore the remedy fails to cure