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¥ @ ‘fHE OMAHA DAILY BEE: WEDNESDAY. AUGUST 3. WAS ARCUED AND SUBMITTED. The Hearing of the Oase Against the Tramway Oompany. JUDGE BERKA'S JUSTICE MILL. Opinions of Representative Ultizens on the Police Commission and the Council-General City News. The Two Roads. The hearing of the argument in the ease of the Omaha Railway company vs. the Cable Tramway company, exceptions on both sides taken to the report of the late commission appointed to assess damages, began yesterday morning be- fore Judges Brewer and Dundy, in the United States circuit court, General John C, Cowin, solicitor for the Cable Tramway company, presented their excentions to the commissioner’s r port, accompanying the same with a running argument of a forcivle character. Briefly the Tramway's grounds for ex- ceptions are: . That commissioners have found that plaintiff company will sustain damages in the sum of $5,652.25, as the result of inac- cessibility of reaching thelr cars by reason of location of defendants tracks, "Commis- sloners ought not to have assessed any dam- ages for such reasons, as this does not in law authorize any damages, the defendant com- Iuny having the same right to construct its ines upon the streets as plaintiff has. 2, Said report is lindefinite and uncertain. It does not state in what respect the plain- tit’s lines are inaccessible. 8, That commissioners have assessed the damages by & speculative estimate on the business and profits of said company at_pres- ent and in the future, when estimate should have been based upon the actual damage to plaintiff’s proparty by depreciation ot value ot their property. 4. That comsissioners certified that num- ber of passengers upon plaintiff’s lines on Tenth street where sald lines are paralleled by the defendant’s lines to be 1,266 per day, and that revenue derived from this source is $63.50 mr day,that 75 per cent of said amount would be carried by cable lines as the result of the Inaccessibllity of reaching plaintif’s cars, and applying same rule on Twentleth street, and upon said basis have estimated the total dally damages at $26.65 per day or sum of 85,632.25 per annum. Commissioners should have found that of the 1,266 passen- gers on plaintif’s line on Tenth 'street, not more than twenty or thirty get on and off where they are paralleled by defendant—the rest zet on and off where they are not paralleled. Hence there could be no damages, The ame can be said of Twentieth street. They ave assessed damages at 30 per cent of total ampunt received from all passengers, whereas they should have reported only on those seeking access to plaintift’s cars when interfered with by defendants. 'I'he com- missioners have also, in making their esti- mate, taken as damages 30 per cent of the total receipt, whereas only 30 per cent of the net proceeds of 30 per cent of 40 per cent of the amount recelved by the company, as 60 per cent of their receipts go to pay exvenses, 5. Commissioners have no authority to aseess daniages over a period of thirty years ataceptain sum per annum; in fact, have no authority to assess damages at all by reason of the premises stated in their report. 6. No damages can be asscssed upos grounds of inaccessibility of reaching plaintif’s cars until after defendant com- mences operating its line which parallel theirs, 7. The amount of damages assessed is ex- cessive, oppressive and unwarranted, under the facts and in law. 8. For that the method of computation adopted by said commlssioners in ascertain- Ing amountof damages is unwarranted and illeeal. 9. The certificate of commissioners set forth ‘)mmm’s damages by reason of inac- cessibility of reaching thelr tracks by reason of defendants tracks on Tenth and Twenti- eth streets will amount to 88,632.25 per an- num, to be assessed annually for thirty years, making total damages they are to re- celve by defendant occupying the same streets for seven blocks, $258,007.50, is gross; excessive. And evidence does not show their property will sutfer any depreciation in value by reason of elements upon which sald damages are based. 10. For thatthe comwmlssioners should have found the defendant was willing to build double track on Twentieth street, and allow plaintiff to use it tree of cnarge,and that they will not be entitled to any dawmages with re- spect to 'I'wentieth street. In all of which particulars said defendant appeals therefrom to the judgment of this honorable court. J. C. Cowrw, Solieitor for Detendant. Judge Woolworth followed with a lengthy and exhaustive argumentin sup- port of the plaintifi's exceptions, which wre herewith presented in synopsis: 1 That commissioners find that “‘at the in- tersection of Twentieth and Cuming streets the plaintiff has constructed crossings for their tracks and gxtended them northerly a faw feet, indicating an intention to extend their line to Twentieth street. Beyond ‘Twentieth and Cuming we find part of a cable line constructed. As the commission- ers did not learn definitely the intentions of the plaintift as to sald extension, no damages were allowed for cost of crossing, Should fmm.m be prevented from using 8ald cross- nf by reason of defendant,s tracks, the com- mission so find that saia detgndant should compensate plaint!ff for expense incurred in labor and material.” hereas, They should have found that construction of defendant’s works on Twen- tieth. north of Cuming, was unauthorized b law, and Interfered with rights of plaintiff, and should be enjoined, and works removed. 2. That by their report the commissioners find that the annual damage by reason of de- fendant’s lines on Tenth and Twentieth streets is $8,632.25; when as they should have found that the construction and operation of detendant’s road ngflm(en a damage to plain- tiff amounting to $260,000, 1n all which particulars, the commission- ers’ report,as sald complainant Is advised, 18 erroneous, and complainant appeals there- Late in the afternoon the arguments were concluded and the case was sub- mitted to the judge, who will weigh the points and give a decision. POLICE COURT. What Was Done Before Judge Berka Yesterday. There was a full delggation before Judge Berka yesterday morning, anc they seated themselves in a disconsol row<ulong the benches ranging the west side of the court room, the court call “*Mike O'Brien,” and a ble: od bloated-faced old bum answered to the nat “You are charged with being drunk. What have you Lo say?” “Soir, I niver knew a thing,” roplied Michael, and his looks did uot belie his words, “Well. I'll tell you something. You can consider yourself labeled for two days over the hill,” ure thing!” “‘Sure," And O'Brien sadly returned to his seat on the bench. *'Fay Revere."” And in response to this poetical cogno- men a regular daisy bloomed forth in the dark and odorous court room, in the ulm{m of a young girl, attired in a neat und well fitting tailor-made suit, with a Jaunty hat, ornamented with a blue jay's wing hanging coquettishly on her left auricular, who emerged from the crowd of lazzaroni, and demurely took her stand before the judge. “Fuy,you are charged with being drunk and kicking up a fight.” “Well, your honor, 1t is an error. 1 neither got drunk nor kick up anything, let alone tight, but my lawyer, the Hon, J. W, Byler, will arrange my matters,and the Revere superciliously returned to her chair, “Pat Donahue you are up for commit- ting a nuisance, ~What haye you to say for yourself? “Not much, judge, only I must have in » somubambulistic atate, for 1 have no recomembrance o' the oceur- rence with which you are vainly en- deavoring to refresh me memory, but —" “There that'll do, we've no time to listen to any spread ecagle addresses. ‘Three and costs will probably assist you in avoiding hereafter pedestzianizing in your nles% ! ‘‘John Patrick Cahill, did you resist an officer?” *‘Am as innocent as a new born babe, your honor. I simply inquired of the cop when he pinched” Donahue here, if he had iver arristed a burglar or a thafe, and he says, be gob, I have one now, I'm thinkin'; an’ brought me alrng wid "im, that's all there is of it, yer honor,” “‘Seven fifty and costs, John Patrick, and you are excused,’ Here the quiet and harmony of tlm{;rm ceedings were _interrupted by Chief Seavey leaping from his seat near the judge, rushing into the lobby, and sekz- ing some fellow, who had been annoyin, the court by loud talking, bg the nape of the neck and a reef in his breeches, and throwing him head first into the street. Then a counple of officers were sic'd onto him and he was locked up. His name was John Dewey, and he wanted to bet $10 that he could clean out the whole force at one time, but finding no he was jammed k into the of cage No. 1. orge Hendrick's” And George was on deck smiling like & basket of chips. “Did you disturb the peace by trying smash Officer Newman in the jaw?" asked the court. “I don’t know whether I disturbed the peace, your honor, but I did make a sashshay at the pecler's mug, and I'd a got there, too, hadn't they doubled up on o “Ten days, George.” ““Thanks, awfull “William Harrison, you are charged with being a vagrant and begging on the s false, judge, T was a trifle full but am no vag nor beggar either, and if you'll let me off this time I'll leave the city immejitly.”’ “Let him out then, quick, Whalen, any man that pronounces immediately after that Bostonian fashion is entitled to his freedom. Ta ta, Harrison.” “Tra la, judge.” And then, after the disposal of a hand- ful of drunks and box-car sleepers, the docket was closed with a bang, and the mor ning session was over. THE C().\l)lls!_l()N AND COUNCIL. What Some COitizens Have to Say About Each, C.J. Karbach.—If [ had my way I'd kick the council out because they are not acting within the intent of the law. We made the law for the police and fire com- missioners, and there 18 no tault to be found with the fire department the chief of that is an Irishman and there 18 fault found with the volice chief because he is an American. If it was a question of morality the council is now sustaining an official who is one of the worst men in town and ought to be in the pemiten- tiary. W. A. L. Gibson—Both sides are wrong. Its a very bad mistake. The council ought to show some disposition to yield to make a compromise, and the commis- sioners are in the wrong in endeavoring to retain in _ position, this bone of contention, Ithink Mr. has a good suggestion. It is that a number of the leading citizens meet and ag) upon a basis of compromise and endeavor to get both boards together to ratify it. John M. Thurston—1 have not thought of the subj That is a question which 1 have rehigiously endeavored not to consider. I have not read the papers on it. But I think that 1 am rather coun- cilmanicly inchined. C. D. Dormean—I think the council is off. The people I think are willing to support the commission. The law was passed to separate the police from the control of the council, and it is not fair that the council should now attempt to defeat the wishes of the people. Charley Green told me that it was he who drew up the commission clause and he said it was fashioned after one in Cleveland, Cincinnati or some other city, and it was the intent to separate the commission from every other body. Two Thousand Behind. R. E. Woodward, of the firm of Gray & Woodward, steam shovel, at work on West Farnam street, swore out a wt rant yesterday morning before Justice Hel sley for the arrest of his partner, W. Gray, for fraud, Gray has been accust- omed to collect the firm’s money and pay off the hands, but Saturday evening he put about twenty of the hands off with the statement that he had no funds. That Woodward knew to be false, as Gray had collected $2,000 of the firm’s money which he had not accounted for, and when called upon for a settlement Mon- day, refused to settle or furnish any ex- planation as to what disposition he had made of the money. oodward spent half the night Monday night looking up a justice, but had to retire without gett- ing out the necessary papers for Gray'sde- tention, who, he thought, was preparing to jump the country. —— The Army. Colonel Henry, received ihe programe for the division competition of army marksmen, which is to commence int his city September 1, that is, the preliminary practice for the com pe- tition will commence on‘that day, though the regular competitive work will not commence until the 6th of the same month, The contest will last t1ll the 15th of the month. The list of prizes com- prises a gold medal for the best marks- man, three smaller gold medals for those less distinguished and eight silver medals to the remaiming members of the team in order of their There will n be given 4 silver medal to the man ing the best score n skirmish firing. is competition will comprise four toams from the departments of ‘Texas, Dakota, Missouri and the Platte, and each of these teams will consist of twelve men with two alternates. HE CONTEST, There is an interesting feature in con- nection with the coming competition of distinguished marksmen at Bellevue next month which must not be overlooked,and it 1s that this department has a larger representation of marksmen of this peculiar distinction than any other department in the country, according to the most reliable tables fur- nished; the number of distinguished marksmen in eanch department, together with the proportionate representation is as follows: ODepartment of the east, eight men, with two men in the contest; department of Dakota, four, with one in the competition; department of the Platte, eleven distinguished marksmen and three in the contest; Missouri, two men with one in the team; Texas, seven with two on the team; Columbia, three with competition. Cnhfornia, four with one in the team; Arizona, two with one in the competi- tion, The aggregate of the last tigures gives a total of twelve men, three of whom, the largest representation in the contest, will be from this department. This distinction, while due largely to the greater number of regiments in ihe de- partment may also be attributed the pro- ficiency earned in their practice on the target by the soldiers in their prac- tiee. In this division competition there will be representatives of the differ- ent regiments in this de'mrlmcuL From the Eighth there will be five, from the si\tfitwu. from the Seventh two aud the Fourth tour, GENERAL CROOK. General Crook arrived yesterday morn- | g trom an extended touy 19 Campe Douglu. DuChesne and With reference to the second pl mentioned the general said that the Plnce was largely barren and ¢ was like iving on a road. It was indeed a forgiven place. ‘The general had had but one memor- able episode in his journey and that was when & cloud burst not far from him. Beside him ran 8 a little stream which inside of an hour and a half became a maddening, rush- ing torrent. It overflowed its bounds aud wrought considerable damage, be- sides compelling General Crook’s party to move to other quarters. The fennrnl goes to-morrow to Fort fcKinney. This will be his first visit since 1876, and his visit at that time was occasioned by his business in the gg-ld in his campaign against the In- ians, blic Works, Considerable annoyace 18 being expe- rienced by residents of Farnam and Dav- enport streets, by the rejected curbing stone, which the contractor has allowed to obstruct the street. Contractor Brennan is in Cleveland and telegraphs that he can send 1,500 feet of Berea curbing on Wednesday next with a guarantee of 1,000 feet per day every day. Architect Meyers approves of the sub- stitution by the contractor of Ohio blue sand-stone for all ashlar work window , door jums and all exterior work above grade in the new city hall, Attention Company. All ex-pioneers of war are requested to meet at the oflice of M. R. Risdon, north- west corner of 13th and Douglas on Fri- duy evening, August 5, at 8 o'clock p. m. sharp, for the purpose of making ar- rangements to es lly entertain our pioneer friends during the reunion of the G. A, R. in September. Let every ex- pioncer of war in the city be present. S. S, AucuMoEDY, M. R. Rispoy, Frank E. MoORE, Robert D. Duncan, inspector of plumb- ing, swore out a warrant yesterday morn- ingf or the arrestof A. C. Lichlinberger, a plumber of 110 South Thirteenth street, for cutting a street without permission, and failing t2 make proper returns of work, ns required under a recent ordi- nance. Inspector Duncan finds his hands full these duys in watehing all the points covered by his extensive territory, and he is always up and on the go. Fire at South Omaha. A cottage at the west side of South Omaha eaught five from a gasoline stove yesterday afternoon and the flames spread 80 quickly that before the fire company ar- rived on the scene the building was past saving, and the entire structure burned to the ground. house was the pro erty of John Doe, and was occupied by the family of Churles Sprague. School Matters. Messrs. Redmond and Thompson of school district No.38, came into the county superintendent’s office yesterday morn- ing and made a detailed statement of their expenses during the year. They wondered that the law was 8o lax as to allow directors to handle money without accounting for 1t, as was done in the case of district No. 53, An Editor's Tribulations. The case of the state vs. J. B. King, city editor of the Herald, for criminal libel, as charged by Isaac Brown, comes up for preliminary hearing before Judge Berka this afternoon at 2 POWDER Absolutely Pure. This powder never variva. A marvel of pur- ty, strength and wholesomeness. Mare econ- omical than the ordinary kinds, and cannot be s0ld {n competition with the multitude of low cost short weight alum or d'hm(phue powders. Sold only in cans. RovAL BAKING POWDER Co. 101 Wall- N Y 'REPUTABLE BECAUSE LR HRAY, A —_— HNIAIOD Bl ooy STENOGRAPHER THIRD JUDICIAL DISTRIC 87 Chamber of Commerce. 30 DAYQ"“IBLAL- bl e i1 DEPOSITIONS 1in ""&E"‘“}I‘:E:'M"u‘sn o S Sl eree.” 7" AEALESTON TRU " RUPTURE GURED. Ry Dr. Snediker's mothod. No operation: No Paing No Detention frow business. Adaoted to children well as grown people. Hundreds of autograpa estimoniuls on file. Allbusiness strictly confiden tul. LURSULTATION FRES. PROF. N, D. COOK, Room 6, 1514 Douglas St., Omaha, Neb. MT, BEACON ACADEMY FISHKILL-ON-HUDSON, .Y, Select Home Schaol, FA !‘l@ BMITH, A, Figlen, - . - ) DR. POWELL REEVES, 314 South 13th St., 0maha, Neb. — PRIVATE DISPENSARY. Estabiished for the Scientific and Speedy Cure of Chronic, Nervous and Special Diseases. The O1d Reliabls Specialist of many years ex- Pirience, treats with wondertal success al STO- LUNG, THROAT, CANCER, PILES, F LA, RUPTURE, cured without KNIFE OR cabsrio, Treats all forms of Thront Ly vo and Blood diseascs, all Chronic discases and De- formities fur in ndvance of any institution in thia country. Those who contemplate going to Hot Springs for the treatment of any Private or Blood disease can be cured for one-third the t at our Private Dispensary, 314 South l15th strect, Omuha RUPTURE from business. ES Uy, this treatment & puro Lovely Complexion, free from slowness, freckles, biackheads, eruptions, ete., Brilliant Eyes and porfect h can be had. & That "t Neb, ured without pain or hinderance promptly o Blonting Head us Prostration, General Debility, lessness, Depression'and Indigestion, Ovarion troubles, Inflammation and Ulceration, Falling and Displacemonts, Spinal weakness, 'Kidney complaints and Change of Life. Consuit tn old Doctor. EYE AND EA Globe and far or of the Lids, 8c flammation or both Acute or Chronic Inflam mation of the Eyelids or 8ightedness, Inversion rofulous Eves, Ulcorations, In- Abscess, Dimness of Vision of one eyes, and Tumors of Lid. ammation of the Ear, Ulceration or Catarrh, Intornal or External Deafness, or Paralysfs, 8inging or Roaring noises, Thickened Drumi, oto. "Envou Debility, Bpermatorrhwea, Bom- inal Losses, Night ons, Loss of Vitul Power, Sleeplessness, Dospond: ency, Loss of Memory, Confusion of ldens, Blur Ycfore the Eyes, Lassitude, Languor, Gloominess, Depression’of 8pirits. Avorsion to Society, i uraged, Lack of Confi- dence, Dull, Lis nfit for Study or Busi- ness, tnd finds lifo & burden, Safely, Perma- nentty and Privataly ('uli!)lld. BLOOD & SKINC: its results--completely eru use of mercury. Scrofuls, Erysipelas, Fover Sores, Blotches, Pimplea, Ulcers, paing in the Head ‘and Hones, Syphilitic Sore Throat, Mouth largement of the URINRRY, § ses, Syphilig--a di- most horrible in catod without the e (i.. Permanently od. Bladder troubles, Burning Urine, Frequency of Urinating, Urine high colored or milky sediment on stunding, Gonorrhwa, G Cystitis, etc, promptly and safely cure Charges reasonabie, PRIVATE DISEASES .ccc st ioture, uinunl emiesions, loss of sex- ual power, weakness ot the sexual organs,want of doxire in male or fomale, whether from im- prudeut habits of'young or sexuul habits in muture years, or any causo that debilitates the sexual functions, speedily aud permanently cured. Congultation free and strictly confldential. Medicine sent free from observation to ali of the United States, Corrospondence ves prompt attention. No letters a swored uploss nosompunied by four ccnts in stamps. Send stawmp for pamphlet and 1ist of questions, Terms-strictly cash. Call on or ad- dress DR. POWELL REEVES No. 314 South 13th &t., Omaha, Neb. OMAHA MEDICAL & SURGICAL INSTITUTE. ELECTRIC - BATTLARS Cor, 13th 8t. and Capitol Ave., OMAHA, NEB. FOR THR TREATMENT OF ALL CHRONIC w SURGICAL DISEASES BRACES AND APPLIANCZS FOR DEFORMITIES, TRUSSES, AND THE NEw VARICOCELE SUSPENSORY CLAMP COMPRESS. Book on Diseases of Women FR Only Reliable MEDICAL INSTITUTE M AKING A APECIALTY OF OMAHA MEDICAL & RGICAL INSTITU" , or Dr. McMenamy, Cor. 13th st. & Capitol Av.,0mna, Neb. Medical Bo?"ks or l’nger Free. of the Umuha el lutel y the relief pand sex- Pupers ncers. paraiysls, fits. ic batters for home . Unike most books 0y do not consist ad free by addrasying Institute, Lith st Nebraska, al'and Sur. and Capitol Avenne, Omab: 'PENNYROYALPILLS ““CHICHESTER'S ENGLISH."” The Original and Only Genuine. s Reais, Bevareof worthlegs luliaions ter Ohemiear o Huuare, Ihiiada, Pe. o tor ¢ AT A R He DIAMONDS, WATCHES, JEWELRY, BRONZES —— Importer's Prices |MAX MEYER & BRO. 1887, ODDS AND ENDS. The busv season being over and things not sorushing any moré we have now time to look after the stock that is left, and find that wehave acoumulated during the season quite a few odds and ends. * These consist of some siugle suits, one or two of a kind, and quite a lot of suit pants. Verv frequentlv we sell the coat and vest from a suit and then the pants are left. We have placed them on a counter bv themselves, and though the price was formerlv very low we have marked them down still further. There are some verv fine goods among them, We will sell them onlv as thev are. That is, make no alterations as the price is so extremelv low that w cannct afford to have the expense of altering them, but those who will find a fitin this lot will get the goods at about one third theiy, MENS FURNISHINGS. value. As unusual bargains in neckwear we offer 100 doz.elegant scarfy . at 15c; retailed in all first class houses from 50c upward. 100 doz. extra fine silk and satin scarfs, Tecks and Four-in-Hands new and choice patterns, at 25¢, the most of them were sold at 75¢ Another invoice of those Pique Scarfs at 25c a dozen. This will be the last of them this season. We cannot fill mail orders on this last lot. All goods marked in plain figures and at striotlv one price at Nebraska Clothing Gompany, Cor. Douglas and 14th sts., Omaha. During July and August, our store closes at 6:30 p. m., except Saturday. ANOTHER GREAT AUCTION SALE AT KEARNEY,AUG. (1,1887 Business and Residence Property. In the Heart of the City. This is a Chance of a Lifetime for Inyestors. Having engaged in mercantile business, I haye decided to sell about one half of my real esa tate in the center of the “Future Great” of the Platte Valley, the Queen City of the Plaing and shortly to become THE MINNEAPOLIS OF NEBRASKA. The Seven Business Lots are across the street and fronting the new $75,000 hotel, now n(-nr]y\‘ completed, and the Opera House, to be built immediately. The Eighty Dwelling Lots ar adjoining the £10,000 Third Ward School House yard, and are being connected with the main streets by sidewalks, being distant only seven blocks, og three fourthsof a mile nearer the business part of the city than any other additions that have recently been put on the market. INVESTORS, DON'T DROP ALL YOUR CASH In distant additions around Omaha and Lincoln, which have already been boomed enough for ten ye: s, but Come to Kearney, where the boom has just commenced. The progressive and enterprising element will soon make Kearney the third, if not the second city of the state, by utilizing its GRAND WATER POWER Developing the Summer Resorts around its silvery lakes, and last, but not least, establishing the most Magnificenta Chautauqu Grounds in the wi without arival for five hundred miles. TERMS OF SALE—Terms on dwelling property, easy, and made known on day of sale§ Terms on business property, as follows: Oae fifth cash, and balance in four annual payment; the last twoto be forfeited if I do not erect a five story brick, 85x100 feet, t. Kearney's natural advantages are 2] , ad joining prnpurtj for a bank and wholesale house. For further particulars, inquire of PACE & RHOADES; Auctioneers, Lincoln, Neb., or W. G. Albright, Omaha, Nebh., or J. 8. HARRI GTON, Kearney, Neb, %4 Free excursion for investors, from all points in Nebraska, who purchase and pay for $200 worth of property. Dr. Haughawout: Omaha Dental Asso- ciation. th without plate, bridge work and crowns of every approved kind, insertedby the most satisfactory method, Best sets teeth 86.00, fnlly war- rantes Hellman block, cor, 13th and Farnam streets. DR, OTTERBOURG, Corner 18tk and Dodge Sia, OMAHA, AES. A RECULAR GRABUATE IN MEDIOINE, i Debility, Lost Man) by 'lu{ll jod W m vy NOWR Femes] liscovéred o gim| fl...,.% s T R Sample bottle wine merchan e, oo Velmtiimttates et oRED. aviaimar | the following age MANHUOD PERXRARDLATEEET | o Frank el 00l sk led s vi s AMPL. - CHILDREN~__ A @ MIAALOVITCHS HUNGARIAN $DIARRHOEA , DYSENTERY ~ CHOLERA MORBUS Tmported an ! ree, AN EFFICIENT REMEDY AN Bottled by Mihalovitch Fletcher& Co., Cininenati, 0. For ts: Richardson Drug Company; Biake, Bruce & Co., Adler & Co., R. R. Grotte. Fam lies supplisd by Gladstone Bros For sale by all wholesale and retail “druggists,. liquor dea OTTLE FRE 00 B '1949§3]4 Yiowoeyi kg polioq pue paprodurgiy sale by gl 95 ~