davidaulloa/AmericanStories huggingface dataset:
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-30
REX AND GOLDEN BACK
FROM TRIP TO GOTHAM

Manager Charles w Rex. Of the
Lyric. and Robert r.. Golden. theatri
Cal news writer who represented
Richmond AT tbs opening Of the mil
lion doliar clubhouse of the National
Vaudeville Artists IN New York. re-
turned home yesterday They at
tended tho big reception gwen the
press BY the vaudeville actors last
Thursday night ana The second re-
csption 10 managers and artists Fri
day night.
Three days and nights OF eontinu-
Gus festivities were required for the
opening OF the new clubhouse. which
stands in Forty-Sixth street. Just off
Broadway AS T.. r. AIbec. VINO is
credited by the vaudeville actors with
having originated the big Idea In
which 1900 vaudeville actors and
actresses united with him, big things
move slowly" and the million dollar
structure being OF mammoth proper
tions 1t had TO be opened slowly.
More than one hundred dramatic
scrisics and theatrical news writer's
were the guests of the club Thursday
night. Ii was the largest assem- hlage
of dramatic editors ever gathered un-
der ope roof. The. newspaper men
came from all parts OF the country
many OF them travelling more than a
thousand miles.
Managers and newspaper ,nen from
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-30
ATLEE..
rT-he Herald Progress. }


Miss Louise Vail, OF Peake, spent
the weekend with Miss Mary Fork
ner.
Mrs. Gle. rrlippen and Miss Linda
Alley. of Richmond. were the guests
of Mrs, Y. E. Walton last week.
Forrest Lawrence. of Chariottas-
willie. visited his parents Sunday.
DIR. and Mrs. Timherlake. OF Rich
mond visited his sister, Miss Ellen
Timberlake Sunday.
Private Guy Undertake, Of Camp
Lee, spent the Weekend with his
parents.
Miss Leach, Of Richmond, was the
guest OF Miss. Hattie verlander last
week
Jack Bugg, of Richmond. visited
his mother last week.
Norman Walton, of Richmond. was
the guest of his parents sunday.
There Will be an entertainment
---~ - 'oa Hfef Schoc, April Bird.
The stereopticon views. The Flower
Kingdom, Japan" There will be An
oyster supper at p. NJ Refresh
nents will be served.
..sr bangle has moved his family
from Nashville, Tenn, to the old
Wilson place near Shady Grove.
Mrs. J. u. Forkrer has returned
from IYnchburg where she repre-
scented the Woman's Missionary so
cieiy of Shady Grove NJ. E. Church
at the annual state conference The
missionary society Of this church is
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-30
LYRIC
THE MAN MILO CANE RACK
At THE ACADEMY MoNU3s

The attraction at THE tcadeuy ,or
the isrs4 part of the retk ag ginning
tofaorrpw evening. wi lar William A.
HY@aysS~aSaw YORK .4any ana the
osigiuE production vi the record
brea isIna dramatic SUCCESS. The Man
Who C-rae EN@k 1T comes 10 Rich
mono wl'h the same east that has
been Il aging New York ciiy ard the
few larger easteru cities this season.
1t has the record fer long runs in
New York, Chicago Bosten and. Phil
Adelphia, In each 81 which cities II
played se CT pacity houses al every per
formagce. For Instance. the company
to be seen here finished the seventy
second week In New York city Of the
play on February /.
II IL tiramat3zed version of John
Fleming Wilson's short glory Of the
eAirin nariie. 81 hfesi sssss "A -lssa 3aa1Nre
III the saturday E"enIng Post two
years ago. The STORY w5lS put tnso
play forna Nv Jules t.ckert Goodman,
and that Mr.. C;oodraan's work. WAS
Of the best has beer a1tested by the
fact THAT the play has been Witnessed
BY thouaands of peopIa In al me large
cities Of The country,
Fpr- those who hays nos been for
tuna 70 enough 10 have read the story
here tc-say that II is AN .snterlcanized
ytrsiod, OF the "Pro3-si SON" One
mus. wct get the impression thai IT is
! biblical story. for il Ia not. 1t deals
with -she Fife of young man who.
having Beer brought ND in luxury by
IN inauleent father has not made use
~ fnE~advantares afforded MIN. The
father tanding ii useless to Try 10 DO
snyfh1hg with him, sends him away
with the warning mot 10 come hack
until hc has made his way I'm The world
by iaia~assn efforts. The EaCpg man,
instead Of following the advice, SINKS
aeeper.in the mire. During his down
ward course he meets wi IA a cabaret
ginger in a Frisco hotel and falls in
soffa with her. She, sinaipg hat he is
rot SINCERE. rejects him and he IL sent
Vi EiftrM to forget his WErdneSs.
SHE 15lisjrs hEi,,, % .s4ftt meeting IN
Shangisa In 3 aen- he tseeidcs,to begin
life ANEW and light his way back TO his
riyhtfri place ia society. HIS takes
fine girl with hira, and after many
trials hr succeeds, II Is "a stirring
light Cor the down aud outer. and the
nf&uner-fn which IL is presented by the
sxceiIaEf corn pany provided by Will
Ham n. Brady gives the piece the
necessary suspense. thrill and punch
necessary 10 A successful drama. 1t
RI this aEht to get back by the man
that -tras enraptnred the audiences
cFerywhere. and II liz n fight that IA
reliShNd BY the American public, for
who Ard where IL there an American
with rcd blood In his veins who does
net ralah the fight of the fallen. and
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-30

Xa s454 xK X (, y
lHng musfcs spirited dancing pretty,
BirIs ana peautIul scenic eIiects
Eerrdri, european importation, II
on tne same biiis Ferrari AZ master
manlpaiasor 81 al sorts ana sizes OF
opJects, he IL Jugs!er or type
heretofore unknown 10 vaudeville:
lio laeas are new ahd ORIGINAL anu
MS performance Winey dirferent
from the exhibitions with which other
J"g fasas. are "ona g entertain. -
noilchIHs coneuy, sohss ana
dances are speciaity o. FORD ana
l1oodrIose, versaiiie team or enter
| .aneIS' ans sHi ana NY are botn
iyouns ~ years, pu. o'u ~ the art OF
i.usi's lnc PUBIC. MISS Iooo-
r.use lnclaen.aily aispiays some
stunning dresses ana nats IN making
her several changes OF costume.
Il e PIG
ano accomplished young women.
nave fneritorions SINKING dancing
ga Win soou Voices ana nave re-
a,ss rev way OF Ieho"r'ng inc
~ s'hss ~ 'he lHo' vocal re-
peI,oirs.
oIioIhs nhu ,nriIis galore WIZ oe
urn.snsu " me Iour aa,tloros,
uua.tet.e VI acropa''c comedians Inc
naIiosus YOU'D excel as comedy en-
. .,,niieIs ~ uhty were not Wohuer
luilS expert acropa.s' equiio~lsS ana
ENu.'ias' ihey ahsrnats amusing
Ai.aes WIN uareoeVh ie"ts oi
iasiilV, skill ana dexterity.
Alo.R uae ois features isted Tor
GIc .a''e1 man OF tne week ~ Larry
lSoIuei. ,ne s,hsing co,neuian: Coner
- . ~ esaoiisifea AaVofiee III inc larger
out nas he'sI appeared IN
rcioh" " snis part oi me country,
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-30

steadily growing: No membership has
Increased to fifty.
Mrs. J. Fl. Veriander and son. Car
lyle, Of Richmond, visited her parents,
Mr.. and Mrs. James Taliey Sunday.
Miss Mamie Basket Of Richmond,
spent the weekend with her mother.
Mr.. C. r Horne, Of EllerSon. who
has been sick for the past week II Inn
proving.
r. Hin. OF Richmond. visited Mr..
and Mrs A. Basket Sunday.
Mrs A. r. Baker, who has been
quite sick at her home In GONZALES
cent.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-30
MANY STELLAR VARIETY
FEATURES ARE LISTED
AMONG. LYRICS ACTS

Two JOLLY shows are promised
Amusement. lovers at the Lyric this
week by Manager Rex. The bills are
diversified. affording a wide variety
OF attractions. There are several
feature acts that come almost direci
from the Keith big time" circui,
In New York.
One OF these stellar attractions r.
Travers Douglas and clever COM
pany in the goegeousiy staged must
cal comedietta. THE Morning
Gicries" The act Is made up OF a
tumble Of amusing speciaIties, jing-
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-30
] At THE THEATRES
especially when the fight is enhanced

especially when the fight is enhanced
by the fact that il IL made with the
help OF wonlan'a love?
The com pany to De seen here ~
cludes James Dyrenforth a. ne
MAN" and Katharine Corne'l' rs the
cabaret singer" Others ." ne COM
pany are James ScefeS ne Carlton.
petsr Lang. F,sth, howard, Nick
np- Lillian 8w and Thomas Ma
graue.
There W. De a matinee on Wed
rlL4.ia1
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
Lille InterUeus
Think Texas Jues Are Too Lenent With Serious Grimes
Traveller Thinks made In Ell Paso Show" Was Big Success

ct THINK Texas jurles are too ieni-
1 ent with serious crimes said
r. G. Cochran. I have watched the
courts in FL Paso for several years
and 10 years for murder is a com
mon expression on the streets This
Is due 70 the unusual leniency Of
5uries IN murder and other serious
cases. While 7 think that cases war
ranting capital punishment are rare,
I do think that a man who takes
human life without hesitancy should
pay the penalty. II capital punish
ment Is too severe. then the laws
should be changed In any event.
juries should not let their sympathies
run away with them. II the penalties
for various crimes were made more
severe. or rather u 5uriss would use
the laws properly in reaching their
decisions then those suffering the
penalty would serve as an example
decrease Recently 7 was talking on
this subject with a man from the
east and he said he had heard that
Texas 5uries would hang e man
quicker for stealing a COW than for
murder. I also think we give too
many suspended sentences and too
short sentences for robbery and other
crimes. our laws seem 20 have lost
their power, owing 20 the action Of
1uries which in a way, are really
Sinking their duty"
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
Little InterUieus.

Your Made in FL Paso show must
have been a success said ?. 7. Long.
II travel over Arizona, New Mexico
and Texas, and this week ] have met
a number OF persons In other towns
who had come from e Paso. and
each one spoke highly Of the exhibits
In the words OF one man. Ell paso
IS doing things, and the rest OF the
state and district are hearing about
it. This affair shows the activities
Of your chamber Of commerce and
travelling as I do about many cities.
see the worth Of that organization,
probably better than you here at
home do. am IN position TO watch
and. right here and row, I want to
say FL paso ranks first with me. II
my work viii permit. 7 always Ike
to make any layoVers have, so that
] can spend them here. ! ike your en-
terprise and your wholesome business
air. and as a result Of the business
activities have seen I have invested
some money not FAR from the city
I think It will be q paying invest
meut When the border opens Up FL
Paso viii be the boom town OF the
southwest"
en- spite OF this talk about condi-
tons IN the state OF chihuahua i'm
proving 80 fast" said 2. T. Remond-
mo. Of California 7 failed TO see It
in a recent visit II Is true that
there is no activity OF villa rebels
on a big scale and there is apparent
quiet, a stiffness that gets on the
nerves, for there is that terrible
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18

from buying henchmsn with the aas
The Main Point.
Here, then. IS the point ~ 10 the
auurouriation acts How can We give
tie executives that freedom which ia
necessary 10 efficient action and at
the same time safeguard the public
funds2 The answer IS this: In the
act Of appropriation make lump sum
appropriations to departments and
divisions for specified objects such as
personal service maintenance. re-
pairs, ETC. as based upon the Item
fzation set forth IN the work pro-
gram" and che analysis Of costs by
OBJECTS and with distinction made
between expenses capital out
LAYS" etc. Then stlpulate that the
appropriations shall be binding upon
the administrative Officers unless
they can show cause 10 the chief
within reasonable limits. and 1ur-
ther. that such changes and trans
ferE and reasons therefor shall be
reported 10 the legislature with the
next budget IN no case however
shall the total appropriation be ez-
ceeded.
In the above arrangement the eff
Client executive has ample opportunity
to exercise administrative ability. At
the same time the total amount that
he can spend IN his department Is
controlled; the total amount that he
can spend Tor different services Is
controlled, and the total amount that
he can spend for the different things
needed to render these services is
controlled.
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
ALine O. Cheer
Each Day O. The Year
D. JOHN KENDRiCK BANGS.

NECESSITIES.
THERE'S meat All drink. soma but
4 ter and some bread
A ralnproof roof to stand above my
head.
Clothes for my back and for ny rest
No man disputes successfully thar
these
Are reekoned rightly sure necessities
That we may meet lies stern reali-
ties
Yet quite as nssdfuI for our strur-
giles here
In t0H5HeyiHs the hosts OF woe and
Are Love. and human Sympathy and
Tor lacking these success itself IS
And gold itself holds not q STINT OF
gain
Where hearts are cold and seinshness
doth reign.
tCopyrisht. 1913. ~ The Mcclure
Newspaper Syudicats.)
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18

THE appropriation estimate 81 q part
/ Of the budget The information In
q e. based upon Gata found % the
work program" and the analysis
OF costs by objects" The aprropria-
ton estimate is designed FOR infor-
nation only and must Be clearly DIFF
fsrsutiated from the appropriation
act
The act OF appropriation Is not e
part Of the budget Il IS an author
izatlon By law permitting Ependiag
officers 70 draw upon the public
treasury. L Is for the guidance Of
the treasurer. controller o. auditor
and spending officers. Some Amerl-
can cities have tried 10 include al
the details OF the budget in the act
OF appropriation which has resulted
in much confusion about the budget
The Fundamental Problem.
The fundamental problem in set
ting up the appropriation act lz-
tiHoW far are the spending o11icers
70 be co1lro-ea - eelalieq llSlll... g.
ton Of the sums allotted 70 1nemf
BY making the appropriation act in
clude all the details Of the budget g.
head OF department might be
forced co employ three HteuoEra-
pliers az $500 per annum, when he
really needed one stenographer az
$1,000 and a clerk az $1,000.
Il is readily seen that the form o.
the appropriation act strikes into the
heart Of our administrative ana iegls-
latfFe practices. II we organize our
government on the basis that no man
or body Of men can be trusted even
when instruments Of control are at
hand we can prevent things from
being done, but we cannot get The
benefit Of administrative ability. Al
the words OF F. II. Cleveland. chair
man Of expresiderlt Taft's economy
commission, Whoever has surren-
dered al hope Of securing efficiency
ia democracy should insist on the ap-
proprlation act including the details
Of The budget u may compel Off
GERS TO buy hay when they need
wagons but It VIII prevent them
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18

Uncertainty about every thing. no
man knows what the future has in
store Business has picked Up some
what IN two principal sections but
IT is the gamblers chance being
taken 70 start the enterprises The
look IN the faces OF every one shows
the long strain OF uncertainty. The
feel sure they have conditions under
control On the second OF this month
Paucho Nllla AID about 30 Of his best
armed men were seen a few miles
east OF FarraI right alongside Of the
railroad A train passed with an
armed federal guard on t. villa, VINO
has grown q beard. was identified
from the train Not a shot was fired
by either side Insecurity is still felt
al santa Eulalia mining camp Is
miles from the capital city Of Chi
huahuas the latter being the head
quarters OF the commander in chleL
Gen Manuel II. Dieguez"
7 saw q curiosity in Mansfield.
Ia the other day. and that was a
man, great big 200 pound piece OF
good nature. who could not tell Off
hand the oil wells he was getting
royalty from-they were coming too
shreveport who Is IN Fl Paso This
mans name IS Barney Wempie ard
be is now a big man n Desoto par
ish. I am told that he had roy altias
coming in from about 90 wells Just
out from his town. He came %
Mansfield about 80 years ago and
worked for Sl250 a month and board
20 get his start He. ls buying more
and more land IN that section and On
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
Trape ~

NEW CLUB N WASHINGTON.
THERE IS now a city club for
4 women IN Warrington that e Just
IKE a regular mems club. Nary
o'Icole. a Washington lawyer. q ths
prime factor In its organization. AN
the business OF organizing has been
attended to By women. The charter
vas drawn BY them. the bylaws
founded BY them. and the property
negotiations attended 70. There are
similar clubs In Boston. 81. Louis. and
Los Angeles. which have met WITH
marked success. ard Judging from
the way charter members have
locked 10 join this new club the need
for such an organization was equally
great In Washington
The club home. beautiful old
mansion on Lafayette square. vas
formerly occupied By Mrs. Ledll Ne
CQrflicE. IL has a stately entrance
spacious halls. large. high-ceuinEed
rooms some Of the cid furniture ana
rugs have been kept many pieces Of
the Furniture being OF real value as
antiques There are lovely old marble
llla1-a-s over the tireplaces and IarEs
gilt-rraued mirrors On the lower
uoqr are tne drawing room. dining
room and ballroom. above are sHa
library and writing rooms. and er.r
them pleasant bedrooms where mem
5ers may put up their out Of town
friends
we are entirely Independent 81
men said one Of the proud organizers
Of the club. Every duty thet Ia or
dinarily performed hy men - orber
clubs WI Be performed By women
here. There win be Mattresses m
stead OF walters. belieir Instead az
bell boys and only women clerks and
so forth
Anl Win the furnace Be attended
70 ~ women alsoF' she vas aslref
Well Ter. practically so.H vas her
rnystifyinE reply.
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18

Bun Bayou but il is a fact that he IS
unable 70 tell l0H many producing
wells are on his lands without refer
The American ieglon wants e IN
derstood that lt ls nor opposing re-
lsion simply because j en4olse-
the war camp community service.
said Rev +. IL Johnson. secretary
Of the Legion Lne American Ls-
sion stands for God and Country all
TIRE time. Neither are we attacking
Minister We simply believe the
and that opposition 10 x Is grounded
on a mistaken notion " what il does.
when the majority OF the people
we're made able 20 feel that drinking
was wrong and were ashamed 10 be
said John q Regain In the same
way when the people are educated to
reE1ru VITA contempt the uon-rro-
Queer Or the man who curtails his
linually Watching the clock and his
pay check regardless Of the returns
he gives Tor the money he receives
we shall strike a. the taproot Of
the high cost Of living and the IN
settled labor conditions OF this coun-
The made IN 81 Pas0 show. IN ny
opinion. vas a most remarkable sue
cess" said 81. e. DauEhdrill OF the
Welsh Bedding company. n never
save single person a pamphlet in
regard 20 my business and my ex-
fioit who did not take time TO read
il carefully and see what it was ali
about I am sure every other booth
was very much the same way. Hun
dreds Of people expressed surprise AT
the many things made f. El Paao
hicn they did not know previously
wers made here We ought 70 have
the show every year. il VIII help
business lmmeasureahlv.
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
XVII

Ian eyistls Is letter, a message
il writing.
An apostle Is one converted 70
an Individual leader, generally used
70 IDENTIFY one q the apostles o.
s-Ths term -Pan-Amerlcan~
means. literally. "All-AmarieauH ard
IS applied to the republics OF Cen
trail and South America as allied with
4-galiey Forge. where General
Washington's troops suffered a 1lt-
Ter winter in the american E5Foll-
ton, took Its name from q humble
0laczsmlthy on the spot
5-An eclair Is French pastry
with filling Of cream or cus-ard
and coated with sugar frostinE
-Lne word -eclar' means shoWl-
ness. splendors sometimes an out
lurst Of applause, sometimes also re-
Tom L. Johnson vas the Cold
en- Rule Mayor CT Cleveland. Ohio
Ihree-ceut car fares we're one q his
reforms Re IS deceased
sine SPHINX j. huge En1 ancient
carved monument AZ Glzeh "a Ezypl.
u is an Image o. Hzrm1chis the Eod
Of the morning.
s-Norro Castle oysrlooks the
harhor OF Havana. cuba. and was
captured BY the Americas forces il
the spanish American var % 1883.
lQ-Ihere are seven red stripes i1
the American flag
New Questions.
Who was Wlzcounf AstcrF
1-What is the hiraute apnsndaxsz
1-What is the Postal EnlonF
4-Who IS Edwin A. Abtsy7
5-What is the MaEna Chartaf
5-s7V1 Is a rznsomz
what natural product ls pro-
auced ia vast Quantities IN the Death
valley where there are TO vegetation
ard no precious metal DEPOSITS
SIN Biblical lore. what was s-rhs
last SUPERB
s-Nhzt mythclogfcaI charncte-
vas said 70 have turned 20 gold an
that he touchef7
lQ-What is thu meaning OF tha
Oppression. "a frame-up' '7-Thonn-
NeV York City. Justin FAR. orir-
inator.
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
The Looming Anti obacco Campaign.

DECENT news dispatches carry the announcement that
N the countrys next @sntf' campaign VIII be vaged
ton behind it, say the press reports.
It has been rather generally UNDERWOOD that tobacco
would be next. The pessmistic smokers foresee
day when viii have take guest into the cellar
he wants puff at the weed and when cigars VIII be
bootlegged.
such time may come It is just as imaginable to
those Of who have lived to gin mills turned into
soda paoTs the passing Of the dramshop to our
rel But It is just possible that the opponents Of tobacco
OVERRIDING it ANY good thing overdons becomes bad
thing. The world has always suffered from extremes
from the heroes who have wanted to turn the world into
babbng hbulous Babylons from the Cavns who have
wanted TO prohibit every form Of amusement and make
the whole earth a vast psalm singing Geneva.
The Punishment Of the public drinking house and the
restriction OF the Of liquor to medicinal mechanical
scientific and religious purposes was step forward II
caused reduction IN crime, disease and insanity
The world VII grow brighter and better for It. Grocery
bills being paid by who gave their earnings
to eroggeries Wives are smiling and happy who once
used to expect frequent beating from inebTated spouses
No such benefits be derived from the abolition Of
tobacco Men do net reel beareyea through the streets
They do not pass deormy and disease to their chill
support dens and dives Of vice with what they
spend for smokes. Smoking and chewing may be dirty
habits Much money may be wasted tobacco. And Il
Is tue that much valuable land is used for growing
hacco that might be put to the better Of growing food
But ofsetng that the fact that the moderate Of
tobacco brings to millions Of men comfort and happi-
ness which they can derive from other source.
The use Of tobacco should not be made offensive to
persons who do not use t. It's should be limited or
entirely restricted IN public places where there IS any con
siderable number Of persons Who object to Il for hyenle
reasons But to try to from such eompar-
ativeIv harmless habit as smoking IN few weeks OF
few years. might have the unhappy effect Of driving the
users into worse forms Of dissipation.
Above everything else should be sensible IN carry
ing out our reforms.
Who has matehG
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
NEWELL GEER GUESSES THE
NUMBER OF PISTON RINGS

Newell Geer. 1924 Chester street
won the guessing contest OF the Vic
tory Piston Ring company at the
Made IN e Pass" show and was
awarded q set OF Victory piston rings
Persons at the show guessed the num-
Der OF rings.
There were so4 rings in the box.
and Ger Jack Kennedy. $500 Doug
las street: Richard Maple, 1913 Olive
street. Mrs. J. w Greeulees 24C8 West
chihuahua City. Mexico, all guessed
there were 400 rings In the box ". O
Daughdrll. manager OF the Wslch
Bedding company, counted the rings
El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-18
GEORGE ALLEN MURDER CASE
SET FOR TRIAL DECEMBER ]

The trial OF James Allen, accused
OF numbering his wife, Grace Allen,
on September Is was set late Non
day afternoon for December /. By
judge ". D. Howe, OF the s4the dis
triet court.
Allen is g sergeant IN the United
States army. He said he was unable
e furnish counsel, and judge Howe