davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
|NDICT M'DANIEL
st. Joe Grand Jury Returns
Charge of Murder.
Prosecutor Held for Death of
His Wife.

st. Joe, Mo-, Oct. 10.-An indict-
ment against Oscar d. Mcdaniel,
prosecuting attorney of Buchanan
county was returned by the grand
jury which has been investigating the
murder of his wife, Harriet Moss Nc
Daniel, at the Mcdaniel home here the
night of July 4, last
The indictment which charges Nc
Daniel with murder in the first degree
was returned in the criminal court at
1850 a. m. Mcdaniel was not in
court when the indictment was re-
turned but preparations were at once
made to bring him from Jail where he
has been confined since his arrest in
connection with the murder, Septem-
ber "a. for arraignment.
Mcdaniel is held on a warrant
sworn out by Bart Lockwood, special
prosecutor. Mr.. Lockwood presented
to the jury the evidence he and priv
ate detectives had found and, after a
lengthy investigation the Indictment
was returned.
Mrs. Mcdaniel was attacked and
beaten while sleeping in her home
and died at a hospital shortly after
wards without having regained con-
sciousness. Mr.. Mcdaniel, according
to his statement had been called away
from his home that night by a fake
telephone call. He said he discovered
the assassins fleeing from the house
and engaged one or more OF them in
revolver duel in his yard.
Mcdaniel has repeatedly protested
his innocence of the charges made by
Lockwood. He has asked for a speedy
trial, as he is a candidate for re-eIec-
ton in November.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
FESTIVE BIRD TO
COST 35 CENTS A
POUND THIS YEAR
By BRINKERHOFF.

Chicago, Oct. 10.-Thanksgivinf
turkey will cost ten cents per pound
more this year than it did last, ac-
cording to the prediction of II. G..
Peterson, a Chicago poultryman, at
tending the convention Of the Ma
tional Poultry, Butter and Egg as
sociation here today. He said he be-
iieved turkeys would retail around 3
cents a pound.
Last year the price ranged from %
to 27 cents. There is an unprecedented
shortage of all kinds of poultry this
year, Mr. Peterson said.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
Raid ard High Insurance
Greatly CurtaiI Shipments.
talk RAILROAD EMBARGO
Specializing on War Shortage
Warehouses Are Filled.
With Shipping Cut OFF Mer-
chants Can Draw on Them.

New York, Oct. 10.-A day and
night without further news of the
U-53 has not quieted any of the
anxiety in shipping circles caused by
the activities of the submarine COM
merce raider at the bend of the great
North Atlantic highway off Nam
tucket. If anything the disappearance
of the German U-boat and the mys-
terry regarding her present location in
creased the precautions taken by
owners and agents of vessels of the
entente nations. Transatlantic liners
and freight steamers approached this
port today by unusual courses which
carried them far out of the customary
line. Cargoes worth millions are at
stake in the game of hide and seek
which may be going on off shore.
The candinavian-Americ line
steam ,r Frederick VIII, bringing
James w. Gerard, American ambas-
sador to Germany, and the Anchor
liner Cameronia arrived here early
today.
The Frederick VIII came from
Christiansand and the Cameronia
from Liverpool with 671 passengers
Exporters here say the submarine
raid and the consequent advance of
the insurance rates on transatlantic
transportation amounting in some
cases to 500 per cent will check ship
ments from New York to European
ports.
Word was received from New Or
leans that war risks on vessels and
cargoes out of that port had been sus-
pended, and dispatches frcm other
ports Indicated that insurance rates
had sharply advanced. There was
CONTINUED from page Tue
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
State Department Makes An-
nOuncement of e. s. Stand.
NEWPORT A SUBMARINE BASE?
That Would Be Interpretation
of Allies Version.
Z. S. Protests Not Responsible
for S6,OOO,OOO. Loss.

Washington, Oct. 10.-The United
States mas refused to accept the con-
tention of the entente allies urging
that neutrals deny the use of their
harbors to all submarines whether
merchantmen or warships, Counsellor
Polk of the state department an
nounced today
The allied government in a memor-
andum to neutral powers called atten-
ton to the grave danger incurred by
neutral submarines in the navigation
of regions frequented by belligerent
submarines
Counsellor Polk refused to discuss
the reason for tie departments posi-
ton. The American reply will not be
made public before the return of Sec
retary Lansing from the summer
White House Wednesday or Thursday.
Is United States Responsible.
The claim of the allies that submar-
ines are outlaws, as the note cabled
last night from London shows.
brought up the question of whether
sued for damages resulting from the
call OF the German submarine U-53
at Newport before she started on her
spectacular raid against commerce
Under the Interpretation of the al
lies, the position may be taken that
Newport was made the base for opera
tions which official estimate already
have caused at least s6.00O.000 dam
age TO allied shipping and trade.
Any attempt to collect damag ges.
however, would probably be most
vigorously opposed by this govern
ment. which holds that a warship has
right to enter neutral harbor ard
that the U-53 in no way attempted to
make Newport a base.
Conformed With War Law. 4
Washington. Oct. Washington
officials it was stated today have So
far received no report that leads them
to believe any incident connected
with the raid of the U-53 off Nan
tucket Saturday night and Sunday was
in the least a violation of international
law. All unofficial advices as well
as official reports SO far received agree
with reports made to the navy de-
partment. Officials declared all evil
dence leads them to believe the Ger
man U-boat commander exercised
most dlligent care not to trespass
against international law.
1t was pointed out that in every in
stance ample time was given passen-
gers and crew to take to small boats.
that the siDkings each time occurred
comparatively close to Il haven OF
safety and that there have been ne
more torpedoings since rough water
has been whipped up by wind
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10

Miller at first. Two runs. one hit, no
errors.
BOSTON-Thomas up. Strike one. Olson
took care of Thomas's grounder and threw
him out. Henriksen batted for Mays. Hen
rieksen up u,,8o Ball 1i,o one Ball , two Ball
right center for three bases, scoring Hen
To- pR one eo
one. Hooper scored on Shortens single
over second 1t was Shorten's third hit:
Hoblitzel up. Strike one Ball one. Ball
two. Coombs threw out Hoblitzel. Two
runs. two hits, no errors.
BRoOKLYN.-Foster went in to the box
one Ball tw3 9;,od Bali tsreei sft strike es two
Ball two. Myers popped to Gardner Dau-
bert up. Ball ore, Daubert got three
Lewis to Scott to Thomas. No runs, one
hit. no errors.
BOSTON-Lewis up. Strike one. Strike
two Ball one. Lewis went out to Dau-
bert unassisted. Gardner up. Strike one.
Ball one. Ball two. Gardner got home
Coombs signalled for relief pitcher. Pfef-
fer nov went into the box for Brooklyn.
out to Myers. Thomas up. Ball one. Ball
two. Strike one. Foul, strike two. Ball
three. Foul Thomas struck out. One
BRooKLYNNsteng up. Strike one.
Ball one Foul strike two Stengel flied
to Hooper who gathered in the ball after a
/ long run. Wheat up. Wheat got a single
to right. Cutshaw up. Strike one Wheat
went to second on wild pitch Ball one.
Ball two. Foul, strike two. Cutshaw
flied to Hoblitzel. Mowrey up. Strike one.
Fosterthrew out Mowrey. No runs. one
hit, no errors:
| Eighth Inning.
| BOSTON-Foster up. Strike one. Ball
| one Strike two. Ball two. Ball three
i Foster struck out. Hooper up. Strike one
Ball one. Foul. strike Two. Foul. Pfeffer
tossed out Hooper. Janvrin up. Strike
! one Strike two. Janvrin famed. No
/ runs no hits. no errors.
/ BROOKLYN-Olson up Foster threw
out Olson knocking down his high bound
| ing ball. Miller up. BAH one. Foul, strike
/ one Foul. strike two Foul Foul. Mil
! Ter went out Hoblitzel to Foster. Pfeffer
up. Pfeffer got a single to right. but the
side was retired scoreless. No runs one
hit no errors
/ Ninth Inning.
/ BOSTON-Shorten up. Ball one. Bal
two. Strike one. Shorten out to Wheat
| HoblitzeI up. Strike one Ball one Olson
/ threw out Hoblitzel. Lewis flied to Stem
gel No runs, no hits. no errors.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
T. R. TO WILKESBARRE
Colonel Will Make His Tour of the
Southwest Next Week.

New York, Oct. 10.-Colonel Roose-
welt resumes his pro-Hughes cam
raign next Saturday He speaks at
Wilkesbarre, Pa. L was there that he
delivered an address in 1912, which. it
IS claimed. settled the coal strike. The
colonel pleaded for arbitration The
differences were adjusted
Next week the colonel starts on an
other western tour. He speaks at Chi
cago, Denver, Albuquerque. n. M;
Phoenix, Ariz-, and maybe elsewhere
The Ell Paso trip has temporarily, if
not permanently, been abandoned
The colonel seems to have determined
that he can talk to the Mexican border
folks at Albuquerque and Phoenix and
at the same time try to elect Repub-
lican United States senators from New
Mexico and Arizona
Demands from Minnesota, Nebras-
ia, Arkansas and California have thus
far been refused The colonel has
set the limit on the number of
speeches.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
Ovation Greets Ambassador on
Return From Berlin.
New York Friends in 80 Autos
Stage a Parade.
HE CAME TO SEE LANSING
Ambassador Gerard'S Trip
Home Partly Explained.
No Message Whatever From
Kaiser to President.

New York, Oct. 10.-Returning
from Berlin aboard the liner Fred
erick VIII, Ambassador James w.
Gc rd today refust to answer any
questions relating to the purpose OF
his visit to America az this time, say
ing tnat even the simplest question
might involve" him.
"Is 1t true that you are bringing
peace message from the kaiser to
President Wilson," he was asked
"I can not answer that question" !"
replied Gerard. "To reply to any ques-
ton of that nature might involve me-"
The ambassadors attention was
called to an article wirelessed from the
Frederick VIII to New York paper,
declaring positively that he brought
no peace message, but came to warn
President Wilson that Germany was
preparing to resume indiscriminate
submarine warfare. He was asked if
this was a correct statement.
Has Given No Interviews.
"I can not answer that" he replied
''To answer even the simplest question
terviews since ! left Berlin. You will
note that in this article I am not
quoted"
"It has been reported that you will
not go back to Germany" one reporter
told him.
81 am not sure when I will go back.
but I certainly shall go back" was his
reply.
The ambassador was asked when he
expected to see President Wilson. He
replied that that was up to the presi-
tCoLtinued on Page Two.l
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
Report Today Shows a Total of
$165,619,OOO in Year.
LOANS and DISCOUNTS JUMP
Twenty Million Increase in
These Items, 12 Months.
Never Before Was State in Such
Prosperous Condition.

Deposits in Kansas state banks
have jumped s36,562,S79.26 from
September IL, 1916, the greatest in
crease in the history of the state. ac-
cording to a report issued today by w.
F. Benson, state bank commissioner.
The statement shows conditions of
973 state banks, three private banks
and IL trust companies. The total de-
posits shown in the report are given at
s165, 5,619,9 ,977.04 as compared with
1929, s,057,0 ,097.7s a year ago. An in
crease of $19,934, 1888 also was
shown over the report for June of this
year.
Loans and discounts amount to
$3.50, ,491.27, an increase of approx
imately 20 million dollars over those
shown in a similar report in Septem-
ber, 1915.
Cash and sight exchange is given as
$57, ,413,214.S1 against $42.074, ,101.72
in 1915 In every item an enormous in
crease is noted.
Shows Country's Prosperity.
This shows without a doubt the un-
precedented prosperity of the coun-
try." said Mr.. Benson today. mo
prosperity has grown so rapidly
Following is the statement, in detail:
Resources.
Loans and discounts $3.50, 44491. q
other real estate owned. ..... 1.360.655.ss
Bank building and furniture -
and fixtures ......-......... 4,.3s),0S4. 4S
Guaranty fund with state
| treasurer ............. 4s5.s63 5S
Bonds and warrants. 4,S19, 1870
| Cash items and clearing house
| items Observation-Disclosures. 927 45T 90
Cash and sight exchange 51.413,2 81
Other resources ........ 1,134 33S 81
Tot ........... .$ao1, ,s15, ,so3. II
| Liabilities.
Capital stock .---.-.$ 212I5,J00. .O0
| Surplus ..-...... 95S6, ,OS3. -
Undivided profits (neU $3.50. 3,199,513. IL
Dividends declared but not
Total deposits ........ 165 619, ,977 .04
| Bills rediseounted and bills
| PAYABLE ...... 1.432 697. as
Stockholders reserve .. 632, 800. SO
Other liabilities . lbs, SAG. .9s
Total s2o1, ,915, ,so3, II
| Legal reserve, 81 per cent.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
TRY OTHER BROTHER
One Already Sentenced to Twenty
Years for Murder

Oklahoma City, Okla. Oct 10
Jess Knight, former employe of a
local packing company, was placed on
trial before the district court here to-
day, charged with the murder of
George Long. assistant fire chief of the
packing plant where he worked. John
knight. brother, who, it was
charged, was implicated in the crime,
was tried here last fall and sentenced
to twenty years in the penitentiary.
The Knight brothers, it is said.
had been reprimanded by Long for
gambling. They resented Longs re-
marks and attacked him with knife.
it was alleged. When Long reached
for weapon to protect himself. John
Knight shot him thru the head.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
FOOTBALL WEATHER FOR
GAME AT BROOKLYN TODAY

New York. Oct. 10.-New York
furnished grand football day fer
the third worlds series game al
Ebbets field today. A biting north
west wind that played all sorts of
havoc with hats and skirts fairly
knocked the bottom out of the
thermometer There was mer-
curry drop of 39 degrees from high
mark Monday to low mark today
at 1880 a. m.
The wind diminished slightly
toward afternoon. Bringing with IL
a small rise in temperature. The
mercury was AZ above at 10 o'clock.
The weather bureau promised
cloudless skies.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
FOrty-Mile Gale Sweeps Along
New England Coast.
If Drifting i'm Open Boats Men
Have Perished.
STEAMERS STAY IN PORT
U-53 Entirely Disappeared,
Leaving Terror Behind.
Escape of Munition Ladened
"Kansan' a Miracle.

Newport r. l., Oct. 10.-Eleven
American destroyers, steaming in a
line with five miles of rolling ocean
between them, today swept the At
lantic off Nantucket where five or six
freighters were sunk by a German
submarine last Sunday, in another ef-
fort to locate the crew of the Kingston
or Kingstonian.
When Admiral Gleaves ordered the
destroyeIs out at 9:20 today, he ad-
mitted it would probably be useless
search, after the all-night gale and
cold weather.
The conbing process started near
Montauk Point and swung eastward.
1t covered a distance of fifty-five
miles north and south and out beyond
the Nantucket Shoals lightship. The
Paulding was the first to get away,
leaving four minutes after the order
was received and went steaming down
Newport harbor at a speed of twenty
five knots The sea was choppy but
the atmosphere clear, enabling each
vessel TO see the next in line. The
searchers were, besides the Paulding,
the Dayton Jenkins, Tanning, Jarvis,
Mccall, Wadsworth, Nicholson, VAIN
wright, Porter and Conyngham.
The destroyers out last night failed
to locate any survivors and Admiral
Gleaves was skeptical of the success
of the new expedition. He planned,
however, not to have them stay out
longer than twenty-four hours, feel
ing that if such q ship as the Kingston
was sunk and the men are still alive,
they certainly will be located in that
time.
Forty-TwO Mile Gale Blowing.
l. Nantucket, r. l., Oct. 10-A forty
mile northeaster and cold weather have
made further search for the missing
crew of the sunken liner Kingston
practically impossible off the light
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
POPE REVIEWS EFFORT

Berlin, Oct. 10.@via London.-A
Cologne dispatch says that the pope
has addressed to the German bishops
thru Cardinal Won Hartmann, declar-
ing that tho his efforts for peace are
at present unsuccessful he is endeav-
oring to soften the violent animosity
between the belligerent peoples.
Our bitter grie.,' writes the pom
tiff. .-over the frightful bloodshed is
increased :. the fact that our repeat
ed efforts for peace encounter. on the
part of some. contemplate attempts
to cast suspicion on our motives, by
others open rejection.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
All Foreign Shipping Tied Up at
Philadelphia.

Philadelphia, Oct. 10-No vessels
flying foreign flags have cleared from
this port since the rep.rts of German
submarine activities off the New Eng
land coast reached here Sunday.
Seventeen British, French, Italian.
and japanese vessels are docked here
and shipping men estimate that car
soes .-.iueo at s4,oO0.o00 are tied up
in this port
1t is understos they are awaiting
conveys, which are reported as on the
way.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
TO ENJOIN EACH OTHER
Z. L. c. and Gas Receiver Hammer
at Door of Supreme Court

Attorneys for the public utilities
commission are endeayoring to get the
supreme court today to issue an order
upon John NJ. Landon. receiver for the
Kansas Natural, to keep him from
asking the federal court at Kansas
City, Kan, tomorrow. to enjoin the
commission from Tfseddling in the gas
case, any more The decisions this
week will determine whether the pub
lie utilities will keep out of the con-
troversy in the future.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
INDIAN SUM MER AGAIN
Temperature Was If Degrees Below
Normal This Morning

Temperatures today averaged II de-
grees below normal The wind IS
blowing at the rate of eight miles an
hour from the east.
A return to Indian summer weather,
with just q chance for unsettled con-
ditions tomorrow, is the schedule fol-
lowing the brief cold snap. A heavy
frost occurred here this morning with
minimum temperature of 38 de-
grees, the exact reading predicted by
the weather observer. This is IL de-
fContinned - Page Twol
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
BEFORE THE GAME.

New York, Oct. 10.-With the bat
tie for the premier baseball honor of
the year transferred from Boston. to
Brooklyn today the baseball enthu-
siasts of greater New York flocked by
the thousands to Ebbets' field to view
the world series from a new angle
Brooklyn has sent many strong del
egation to the Polo grounds in Har-
(Continued on Page Two.l
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
PROHIBITS BULL FIGHTING:
DEGREES DEATH TO BANDITS

Mexico City. Oct. 10.-A decree
signed by General CarranZa, pro-
hibiting bull fighting and announc-
ing a death penalty against bandits
and highway robbers. was pub
lished in today's newspapers.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
Ivy Olson.

Ivy Olson, former KanSan. who drove
in three Runs for Brooklyn today.
pires and managers on ground rules,
and this delayed the opening of the
game.
Mays and Thomas was the selection
for the batteries for Boston. Coombs
and Miller for BROOKLYN
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
BROOKLYNS TURN
ON The RED S0x
THIS AFTERNOON
Nationals Win TOday's Game by
Score 4 to ,.
FIatbushers Snatch Hopes Out
of the Hot Goals.
Victory Gives RObinsOn's Bat
tiers New Lease on Life.
DODGERS HIT OLD STRIDE
Third Game of Series on Brook
Iyn Field Today.
Dodgers BattIed With Their
Backs Against the Wall.
Fans Wear 0vercOatS and
Gloves at TOday'S Clash.
Another BeanvilIe Victory Must
BE STAYED OF.


Ebbets Field. Brooklyn, Oct 10
Batting with their backs to the wall
in the third and critical eame of the
world series. the Dodgers made their
first successful stand against the Red
Sox today on their native soil and.
with old Iron Man Cocmbs in the
box. won by the score of tc 8.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10

II GERMANY insists on staging a
scene on ovr Atlantic shore. she
should Choose the tourist season
Elko independent. [volume] (Elko, Nev.) 1915-current, 1916-06-21

treasurer Mary Davis, Tonopah,
chaplain; Nathalia Brossmer. Eureka.
marshal; Eta Leverich, Yerington.
conductor; Myrtle Hubbard, Winnie
mucca. 1. c.; Grace Jones, Carson
City, G.. G.
Elko independent. [volume] (Elko, Nev.) 1915-current, 1916-06-21
Eiko 01191.
Carson 0s32s.

Department OF the Interior. U. s.
Land Office at Elko, Nevada, June II,
1915.
Notice Is hereby given that Mrs,
Mary Campbell. of Hylton. Elko Coun'
ty. Nevada, who, on November 5, 1913,
made Desert Land Application, Carson
City oS329, now Elko. No. 011s1, for
Lot 4 and SEX SwA. Section 81,
Township 80 North, Range 81 East
Mt. Diablo Base and Meridian. has
filed notice of intention to make Final
Proof, to establish claim to the land
above described, before the Register
and Receiver of the U. s. Land Office
at Elko. Nevada, on the 25th day Of
July. 1916.
Claimant names as witnesses: Rus
sell NJ. Campbell, Of Hylton, Nevada;
Christian Scott, OF Hylton. Nevada;
Miss Ella Chick. of Hylton. Nevada;
George Hanna, OF Hylton. Nevada.
JOHN E. ROBBINS, Register.
First publication, June 20, 1916.
Last publication, July %, 1916.
Elko independent. [volume] (Elko, Nev.) 1915-current, 1916-06-21
MRS. MewHlNnEY HoNoRE0
svoRoER OF EAsrEhn; stan


Election and Inhalation OF the Of
ficers Of the EASTERN Star concluded
the annual session Of the Order for
the year 1915. installation Of the new
officers was held Saturday evening
and was followed by q banquet at
which large humber CT people were
present.
Mrs. Anne ". Bridges OF Sparks was
honored by being elected. Grand Mat
ron and Sydney Foster was made
Grand Patron.
Other officers elected were:
Associate grand matron, Mrs. Vests
Mcwhinney; associate grand patron
q. C. Peterson; grand secretary. Mrs
Mary E. Talbot; grand treasurer. Mrs
Edna Larsen; grand conductress, Mrs
Ella Armstrong; associate grand con
ductress. Mrs. Neva williams; grand
chaplain, Mrs. Olive Stewart; grand
marshal. Mrs Anna Joyce; grand or
tganist, Mrs. Iva Rhodes; grand Adah
Mrs. Susie Davis; grand Ruth. Mrs
Goldies Lightfoot; grand Esther. Mrs
Butler Johnson; grand Martha. Mrs
Anna Old; grand Electa, Mrs. Georgi
ana Grant; grand warden, Mrs. Liliiar
Golding; grand sentinel, Mrs. Silas E
Ross.
Elko independent. [volume] (Elko, Nev.) 1915-current, 1916-06-21

q IN - y. D1k before said eourt.
It carsoA Ciy. IN aid district ct =
o'caoek n tn frsaoon: and tAat no
tiee be publ:shed In the Elko Indspend-
emit. . newspapef printed IN said dis
trict. and that IA known creditors and
other persons In interest may appear
1t the said time and place and show
cause. n any .hey have. why the pray.
or Of said petitione.. should not be
granted.
And It IL further ordered by the
Court. that the clerk shall send BY
mail to all known creditors copies OF
said petition and this order. addressed
to them ut their places % reaidence as
stated.
Witness the Honorable e. s. Far
rington, Judge OF the said Court. and
the seal thereof, at CarSon City. Ne
vada, In said district, on the 10th day
Of June, A. D., 1916.
(SEAL.) T. ]. EDWARDS. Clerk.
NOTICE FOR PUBLICATION.