The San Francisco Call. Newspaper, June 23, 1903, Page 14

14 HIGH PRICES BURDEN MEN OF FAMILY Carmen Tell Murasky of Increased Cost of Living. Arbitration Hearing Is Re- sumed Before the Com- mission. —_— Attorney for Union Declares That Coercion Is Being Attempted by the Street Railway Corporation. mony in connection s and the carmen’s sterday morning at most sensational incident a formal protest on the sh, legal counsel for inst the presenc » superintendents and in- the company in the court- e gripmen and conductors were Livernash said he placed on record, so Calhoun and Mahon t there was a feeling rt of the railroad e the case was being heard ared these superintend- s might make it harder work because they unsel Tirey L. Ford n id there had e part of the rail- be any. He said uperintendents was > called upon was willing that d retire from the t the courtroom at this pposed that the men 1 officers of the com- | were all superintendents. LIVING COSTS MORE. Carmen tified th at the present able to eke ; t witness called v Towers of the 8 € th he nd that he earned Owing to the in meat, grocer he was un- and instead ting deeper He was taken in on behalf of the ked the wit- s altercation s Moore and Liv- objected to the way the witness and brutal. To this vigorously objected and were called to order by who is acting as com- conductor on was next called by b He saild he had of the company for He was the sole Last year he i this year was Formerly he bought ad for 10 cents, and cents a loaf and the the loaves were smaller.” When examined by Attorney Moore, he said he carried $1000 insurance. His pay averaged less than 350 a month. He said he had to deprive himself of many things to make both meet DIDN'T WANT ANY RICE. k Nelson, a motorman on the Fol- treet line, had been thirteen years ed on street cars. He owned his d rented part of it. Rentals in kis neighborhood had been raised from $5 fo a month. He said he thought p— ADVERTISEMENTS. Basement Department. MEN’S Patent Leather, Vici Kid, Box Calf or Satin Calf SHOES - - Ever Sold for the Money. These shoes have sur- prised lots of men who are in the habit of paying $3 or thereabouts for their shoes elsewhere. They'll surprise you, too— unless you have already found out that Rosenthal's s headquarters for the low- est priced shoes that it’s true .economy to buy, as well as the highest priced shoes that are made. And you really owe it to vourself to see them the .next time you are in the market for a pair of - hand- some, stylish, honestly built shoes at an easy-to-pay price. Mail orders carefully filled and satisfac- tion guaranteed or money refunded. Send for catalogoe. SENTHA[S The u.:'?lu.—m ] 107, 108, 111, 113 KEARNY STREET, SAN FRANCISCO. THE SAN FRANCISCO CALL, TUESDAY, JUNE 23, 1903. HE Eppingers won a victory in the United States District Court yesterday when the point raised on demurrer by Attorney Ach in the bankruptey proceedings againet the Pacific Coast Warehouse Company was sustained by Judge de Ha- ven. Ach contended for the Eppingers, who own about all the stock of the Pa- cific Coast Warehouse Company, that the natfonal bankruptey act could not be used to throw a warehouse company into in- y | Judge de Haven decided that “the busi- | ness of a warehouseman {s not a trading or mercantile pursuit within the meaning | of the bankruptey act therefore ered that the demurrer to the peti- f the creditors of the Pa- cific Coast Warehouse Company be | sustained and the creditors were glven two days in which to amend their petition. The order hereto- | fore made requiring Herman Eppinger, president of the Pacific Coast Warehou: Company, and Josua Eppinger, secreta of the same corporation, to show cause why they should not be punished for con- | tempt for not producing the books of the | corporation was vacated. | Within twp days Attorney Freidenrich | [ and his assoclates, acting for the banker | creditors, will file an amended complaint | and_will persist in the attempt to have | the Pacific Coast Warthouse Company de- clared in the Federal court a bankrupt concern. To-day, it is expected, Eppinger | & Co. will be adjudged by Judge de Ha- | { ven to be bankrupts. They were con- | cerned in buying and selling grain and | were therefore engaged in a mercantile | pursuit as merchants, while the court finds that they were not so engaged as warehousemen sufficiently to bring their warehousing operations within the law. Judge de Haven's in the warehouse case was long. erest to the creditors of Eppinger & Co., who are losers to very large amounts by the operations of the Eppingers, and also concerns the general public, this be- ing the first time that the question im- | mediately at issue has been passed upon by a Judge in the United States. Judge de Haven discussed the legal proposition from various points of view in his decis- on. ” . He | “The fact that when grain is stored with it,” he said, ihe defendant issues to the owner a warehouse receipt, which, when negotiated, operates as a_transfer | of the title to the grain therein described, | does not make the business of defendant | that of a trader or merchant.” in the opinion Judge At another point de Haven said: In the negotiation of the warehouse receipt of the grain who thereby s he title to his grain and not the fendant as warehouseman is | the grain which is etored as such bailee has no authority to sell the grain which is placed with it for age. i | he text of the decision is as follows: | The question for decieion arises upon the pe- jon_of certain creditors of the Pacific Coast | use Company to have that corporation dged bankrupt and the demurrer of the fendant thereto averments of the petition clearly show that the business of the defendant corporation is that of conducting a public warehouse, and the question raised by the demurrer is whether t ad such a business is a trading or mercantile pur- | sult, within the meaning of subdivision ‘B’ of section 4 of the bankruptcy act of 1898, which provides that “any corporation engaged principally in manufacturing, trading, printing, pu g, mining or mercantile purs: be judged an involuntary bankrupt The words “trader” and ‘‘mercantile pur- suits” have a well defined meaning in law and there is no better statement of the sense in which these words are used in the bankruptecy act than the following, quoted from the opinion of Judge Brown of the Southern District of New York n Bouvier's Law Dictionary a trader is de- 4 as ‘one who makes it his business to buy erchandise as goods and chattels and to seil the same for the sole purpose of making a | profit’ Black's Law Dictionary says: ‘One whose business is to buy and sell erchandise or any class of goods, deriving a profit from his dealings,’ and the weight of authority seems to be that the proper description of the business of a trader includes both buying and eelling, elther goods or merchandise, or other goods ordi- | marily the subject of traffic. Per Lord Ellen- borough in Sutton ve. Weeley, 7 East 44 | a streetcar man should get $3 a day and that nine hours a day was long enough for a man to work. Previous to his pres- ent work he served as a sailor in the United States navy. He was unable to save any money from his present salary. At the opening of the afternoon session George H. Howard, a conductor on the | Ingleside line, took the stand. He said | that, with the exception of seventeen | months when he was down in Manila | fighting as a soldier, he had been em- | ployed for the last eight years as a street- car man. He earned about $714 a year | and was married, he said. When asked what he had to complain about, he replied, “Lots of things.” He |/ =aid he could not save any mopey and | | that he thought every man should have a | snug little nest egg laid away for a rainy | day. He used to pay $9 rent; now he had | to pay $14. | The witness raised a laugh in the court | room while testifying on the advance of groceries. On being asked by Attorney | Moere if he was sure that rice had gone up in price, Howard replied that he did not know and did not care, as he®had had enough rice to last him all his lifetime while down In Manila. Howard proved a good witness and gave a straightforward statement. BUTCHERS RAISE PRICES. John Frank, the owner of a butcher shop at the corner of Fourth avenue and Clement street, was next called. He pro- duced a ponderous book and proceeded to explain that the price of meat had gone up from 25 to 30 per cent above the prices of 1800. He further said that meat was 10 per cent higher than it was a few months ago. Attorney Moore extracted the fact from him that he wds not a loser by the price of meat going up, but that he sim- ply charged his customers more. Frank | cheerfully consented to furnish figures | from his book to substantiate his state- | ment. Thede will be entered as an ex- | hibit for the arbitrators to observe. | William Francis, a conductor on the | California-street line, swore that as a | married man with one child he could only afford to take a day off once in two months and that he earned about $2 34 a day for nine hours’ work. He said that he had saved up once the amount of $3, but that it was swept away by his wife falling sick, as he had to pay it out in a docter’s bill. He said that he could not save any money and that he thought a man ould earn enough to pwt a little away in case of sickness. He added that many of the carmen at his carhouse often came round to make a collection, some member of the family being sick, and that he would help them with a 5 cent contribution. Before working as a con- ductor he worked on a farm at Santa Rosa, but he left that, as he found he was not strong eno:fi to do the work. He is a competent kkeeper, but can- not do this kind of work, as his health will not permit it. Gabriel Sovulewski, a gripman on the McAllister street line, testified that he ‘was married and the father of three chil- VIEWS OF THE COURT. B Cases 447 o ) 'JUDGE DE HAVEN DECIDES THE FIRST SKIRMISH IN FAVOR OF BANKRUPTS {Order to Herman and Josua Eppinger to Show Cause Why They Should Not Be Punished for Contempt Is Vacated, Court Find- ing That Warehousing Is Not a Trading or Mercantile Pursuit 1 FEDERAL JUDGE WHG RENDERED AN IMPORTANT DECISION IN THE BANKRUPTCY PROCEEDINGS AGAINST THE EPPINGERS h NOW PENDING IN THE UNITED STATES DISTRICT COURT. i 2 aid Thompson C. J. in Wakeman V. Hoyt, 28 Fed. In re Smith, 2 Law 69, 22 Fed. Cases 95; Love vs, Love, 15 Fed, Cases 099. DICTIONARY .MEANINGS. “The words ‘mercantile pursuits’ may have little broader significance than ‘trading.’ as defined by the Century Dic- tionary, is ‘having to do with trade or com- merce, or pertaining to merchants, or the traffic carried on by merchants; trading, com- mercial’ It signifies for the most part the same thing as the word ‘trading.’ and by ‘mer- cantile pursuits’ is meant the buying and sell- ing of goods or merchandise or dealing in the purchase and sale of commodities and that too not occasionally or incidentally, but habitually as o business. * * * ““These terms are restricted also to dealing in merchandise, goods or chattels, the ordinary subjects of commerce, 8o that a railroad con- tractor, or a speculator in stocks, or as a broker, is not deemed a trader or merchant. a *Mercantile,” The court cited many decisions affecting the New York and Westchester Water Company, the Fire, Lightning and Windstorm Insurance Company, the Tontine Surety Company, the Philadelphia and Lewes Transporta- tion Company, the Surety Guarantee and Trust Company and others. The court then continued: In view of the foregoing decisions, which I SICK AND OUT OF WORK, HENRY LOSE ENDS LIFE His Wife Returns Home Late to Find Him Suffocated by Il- luminating Gas. Henry Lose committed suicide last Sun- day night by turning on the gas in his room at 126 Page street. When his wife returned shortly after 11 o’clock she found him dead in his bed. He had been in bad health for several years and wag® dis- charged two months ago from his em- ployment as bookkeeper for the telephone company. Since that time he has fre- quently threatened to commit suicide. Mr. Glynn, an official of the telephone company, informed Deputy Coréner Charles Meehan that Lose was discharged because he did not attend to his work, his sickness cften causing him to be absent a month at a time. Lose was a native of Germany, 49 years of age. only paid $275 for it. When he started to work for the streetcar company : he found that the expense of doing so would be $50. He borrowed the money and had paid nearly all of this amount off. His wife was sick recently and that cost him $55, and he has been obliged to cut down on meat and eat it only once a day so as to economize. He was formerly a soldier in the United States army and has an honorable discharge. Cross-examined ~ by Attorney Moore, Sovulewski said he earned $70 a month and that he worked nine hours and thir- ty-three minutes a day to make this amount. He sald that he had not bought a suit of clothes for five years, and that his wife was unable to buy any clothes, and she felt she could not afford any. William J. Sallee, a confuctor onthe California street line, living at 1810 Polk street, was the last witness of the day. He said he was 5 vears of age and had been employed as a streetcar conductor for -the last eleven years. Previous to this he had been a yardmaster on the Truckee road at Gold Hill and Virginia City. He had quit railroading on the ad- vice of his wife, as she was afrald that he would be killed if he remafned a yard- master. His rent has been recent- 1y and he was forced to move, and he had a hard time to make both ends meet, hav. ing a wife, stepson and niece to keep. His stepson was a barber by trade, but owing to sickness he was out of employment most of the time. Attorney Moore had evidently been reading a comic paper, for when Sallee testified tRat he had employed a plumber to do some work for him Moore asked him how he managed to survive the cli- max when the bill was presented. A few laughed and that closed the case for the day. The court will open at 11 o'clock this morning. Judge Murasky sald he would probably be compelled to hear the testi- dren. His rent was raised recently from $13 to $16 a month. He said all groceries had risen in price and that milk and es- sentlal items in rearing his three children | mony after to-day in his own courtroom, as he was very busy. ———— Taylor Extradited. Cameron Town Mutual | regard as sound, my conclusion is that the busi- | ness of a warehouseman is not a ‘‘trading” or mercantile pursuit within the meaning of the bankrupt act, The fact that when grain is stored with it the defendant issues to the owner a warehouse | receipt. which, when negotlated, operates as a transfer of the title to the grain therein de- scribed, does not make the business of defend- ant that of a trader or merchant. In the negotlation of the it is the owner of the grain who thereby sells and transfers the title to his grain and not the | defendant. The defendant, as warehouseman, is simply the ballee of the grain which is stored with it, and as such bailee has no authority to | sell the grain which is placed with it for stor- WISDOM OF CONGRESS. Whether Congress wisely excluded corpora- | tions engaged in business like that of the de- fendant from the operation of the bankruptey | act fs not for the court to determine. The statute is a valid exercise of the power granted by the constitution to Congress to establish “‘uniform laws upon the subject of bankruptcy | throughout the United States”; and it Is not for he courts to vindicate or question the wis- dom of laws which it is their duty to admin- | ister. The demurrer to the petition is sus- | tained and the petitioners will be allowed two | days within which to amerid their petition, if so desired. The order therefore made requir- ing Josua Eppinger and Herman Eppinger to | show cause why they should not be punished for contempt is Vacated. ‘ehouse receipt | last Saturday on a cablegram from Mli-t nila charging him with having embezzled | 5580 Mexican dollars from Castle Bros., | | Wolf ‘& Co. of ‘that place, appeared yes- | terday before United States Commissioner Heacock, walved preliminary examination and will start for Manila in charge of a dep\;{ty United States Marshal in about a week. —_————— VACATION. Have You Investigated Those Cheaper Than Staying at Home? VACATION. | Have you investigated those “cheaper | than staying at home” vacation trips? | bed and board included. Inquire at 4 New | Montgomery street (Palace Hotel). Ministers Meet. The Sabbath day observance committee, composed of pastors of various city churches, . met at the Congregational headquarters in the Young Men's Chris- Han Association building yesterday. The subject' of discussion was the best method by. which people in general may be in- duced to entertain more respect for thé sanctity of Sunday. Interesting speeches were made by several of those present. ———— Big Asphalt Company Is Insolvent. NEW YORK, June 22.—Vice Chancellor Stevenson, in’ Jersey ~City, -to-day de- clared insolvent the Asphalt Company of America’ and granted the application for an order restraining the company from doing business. e ———— ADVERTISEMENTS. DR. CHARLES FLESH FOOD For the’Form and Complexion. Has been success- fully used by lead- ing actresses, sing- ers and women of fashion for more than 25 years. ‘Wherever applied it is instantly ab- sorbed through the pores of the skin, and its wonderful = nutrition fceds the asting tiesues. Removing Pimples As it by magic, one it FOOD is positively the only preparation known to medical science >y DR. CHARLES FLESH that will round- out hollows in th produce firm, healthy tiesh on thin and hands. FOR DEVELOPING THE BUST Or breasts shrunken from nursing it has the highest indorsement of physicians. Two boxes is often sufficient to make the bust firm, [ SOLD TUM AND OTHER DEPARTMENT STORES AND DRUGGISTS. neck anil ecks, arms | anything is to be ‘done. | was heard by United States Court Com- | hanne Moeller, will be ordered deported | | eloped with Johanne, who was a clerk in MUCH COMPLAINT | AGAINST MEEHAN Refuses Landing to Lee Kin, a Votgr of This City. Dilatoriness and Very Bad Judgment Are Charged Against Bureau. i 2 It is expected that when the matter of the enforcement of the Chinese exclusion act shall be turned over to the United States Bureau of Commerce and Naviga- tion and into the Immigration Depart- ment, where it properly belongs, the Chi- nese Bureau management in this city will be changed so as to insure better results than those now obtained. Ever since the present inspector, Charles Meehan, has been in charge of the bureau at this port complaints have been frequent on the part of attorneys and others haying business in the office. Mr. Meehan seems to lack the necessary executive ability to con- duct the affairs of the bureau with that discretion and celerity which are indis- pensable in order to carry out the pro- visions of the exclusion act. The latest instance in point as illus- trating the incapacity of the present head of the bureau is the case of Lee Kin, a native American citizen and registered voter of this city. Lee Kin left here some time ago on a trip to Honolulu and be- fore his departure took the precaution to obtain a passport from the Secretary of State, three certificates of registration from the Registrar of Voters of this city, his birth certificate and other documents showing clearly his right to return. He eturned on the steamship Sierra a weak go yesterday and expectcd that as soon as he presented his papers and made the necessary proofs he would be allowed to land. But he was not aware of the idio- syncrasy of the Chinese Bureau under the present management. He was allowed to remain the whole of that day and not a soul from the bureau came to see him. He then sent for his attorney, Frank McGowan, and at his request Mr. Mc- Gowan went to the Appraiser’s building and awoke the bureau, which has three | interpreters and enough inspectors to be tumbling over one another's heels when On the second day the bureau sent down an interpreter | and took Lee's statement, together with his proofs. Meehan reported that he was not satisfied with the proofs presented and the attorney was obliged to get out a writ of habeas corpus, which matter missioner Heacock last Saturday, Lee Kin having been in confinement for near- | Iy a week. | The same evidence that had been pre- sented to Inspector Meehan was produeed | before the Commissioner, who imme- | diately discharged Lee and allowed him | 10 be landed in spite of the bureau. | Numerous other examples of mistakes and acts of positive injustice could be | cited to show the necessity for a radical | change in the personnel of the bureau | when it shall be placed under the new | management on July 1 of this year. With | only ordinary business ability all the | vexatlous delays that have characterized the management will be done away with, —————————— Joergensen Will Go Back. On the 19th of July, if the necessary papers shall have arrived, Julius Anton | Joergensen and his companion, Miss Jo- to Copenhagen, Denmark, on a charge of embezzlement. Joergensen stole 40,000 francs from the Bank of Copenhagen and the same bank. He took with him his two children, a boy of 11 and a girl of 9 years. —_——— DENVER, Colo., June 22 —Edward Howell, former teller of the Third National Bank of | Cripple Creek, was to-day sentenced by Judge | Riner in the United States, District Conurt to | serve five years in Fort Leavenworth Peniten- | tiary. Howell stole $1000 from the' bank. ADVERTISEMENTS. 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Bathe the affected surfaces with Cuticura Soap and hot water to cleanse the skin of crusts and scales and seften the thick- ened cuticle, dry without hard rubbing, and apply Caticura Ointment freely to allay itching, irritation and inflamma- tion, and coothe and heal, and lastly take Cuticura Resolvent to cool and cleanse the blood, and put every func- tion in a state of healthy activity. More t cures cf simple, scrofu- lous and hereditary humours arec y made by Cuticura remedies than by dll other blood and skin remedies com-. blaed, a single set being often sufficjent to cure the most distressing L Regular price, $1.00 a box, but to all who take advantage of this SPECIAL OFFER and send us one dollar we will send two (2) boxes, EREE 2A sample box ana our book = e o 5 F RB E 0 W 32488ty i | lustrated, will be sent free to any lady send- ing 10 cents to pay for cost of maliing. Address now cost 35 a month, where a year ago he Charles G. Taylor, who was arrested| DR, 'UHARLES C0., 19 Park Plscs, Now York. ‘when all else fails. { Sold ‘world. Resolvent, Se. form of Costed 35e. per vial of (), b fl;fih’;’"i:lc in Faixs : T Connr e iad e B o By i e F 00 NOTICE! THOMAS F. Any ooe kowing its please inform ARCHIBAL! H. WHITSON, P. O. box 403, Lima, Peru, S. A. ing here. S. THE MOST MONEY? 1§ SAVED By buying your Cloth- Our stock is too good to offer at such prices, but we move to 514-516 Market St. in July, and wi ing with us. every suit, 1l take noth- We offer every over- coat, every pair of pants at the greatest money- saving prices ever asked for good tlothing. Take advantage of our neces- sity to clear out our stock. Provide for future cloth- ing needs. The more you buy, the more you’ll save. MILL TO MAN Make no mistake, Get the right store. s BROWNEZES " CLOTHIERS 121023 SANSOME ST. 10.YoU ENGINEER STOREY 1o COMING WEST Will Supervise Building of New Coast Line to Eureka. RO QOCHOOOO0 QIO OO0 QOO That the officials of the Santa Fe Com- | pany are determined to proceed with the | work of construction of the new coast line between this city and Eureka as rapidly as possible is plainly suggested in a dis- | patch received here yesterday from To- peka, Kans., announcing that W. B. Storey, chief engineer of the Santa Fe | system, has been ordered to California to take charge of the work on the new line. | According to the dispatch he expects to remain on the coast several months. He | will divide his time between this city and | the territory through which the new road is to extend. The Santa Fe Company has several parties of surveyors in the field and is rapidly perfecting a survey of the route of the Eureka road. Captain Payson, assistant to the president of the road, is | authority for the statement that the com- | pany, falling to make connections with | the (California Northwestern at some northern point, which now seems lmprnb-‘ able, will build straight through to the | bay. It is possible that a branch road | may extend eastward along a line north’! of Vallejo to this side of the bay and con- | nect with the line running into Rich- mond. These details, however, will not be decided until after Engineer Storey | has arrived on the ground and cnrefuny‘ looked over the situation. It is announced that Engineer Storey will be succeeded in Topeka by C. A. Morse, chief engineer of the eastern grand | division of the Santa Fe system. —_———— SUSTAINS THE STATE BOARD OF EXAMINERS Supreme Court Thinks San Luis Obispo County’s Claims Were Legally Rejected. | The action of the former State Board of Examiners in refusing to allow the claims of San Luis Obispo County for the support of orphans, half-orphans and abandoned children was sustained by the Supreme Court yesterday. It is held that the claims in question were not presented in time and that legal action is barred by the statute of limitations. ‘What Is‘:nown as the act of Margh 25, 18%0, provided that the State should pay annually to counties $100 for each orphan and $75 for each half-orphan or aban- doned child supported by the public. In March, 1899, San Luis Obispo County pre- sented a claim for such funds for the six months ending June 30, 1895. The law pro- vides that claims against the State must be filed within a period of two years after they hecome due. The officials of the county in question were consequently too long about asking for their apportion- | ment. The lower court decided against the Board of Examiners, but the judgment is reversed. Justice Shaw wrote the opinion. | —_——— DECIDES TO REMAIN ON THE FIRE COMMISSION Rolla V. Watt Says He Will Continue to Serve at Sacrifice of Per- sonal Comfort. Fire Commissioner Rolla V. Watt has decided that he will not sever his connec- tion with the commission. Yesterday he gave out a statement to the effect that he will remain on the board at the sacrifice of -personal comfort,” meaning that while the actions of Fire Commissioner Parry are distasteful to him he will continue to serve from a sense of duty to the public. The statement follows: SAN FRANCISCO. June 22 1908. personal At the sacrifice of 1 _comfort and in- clination, ylelding to a sense of duty to the public. and to the urgent demands of scores | of business and public-spirited men, 1 have decided to remain on the Board of Fire Commissioners at least for the present, Colonel Hecht's retirement is a distinct loss to the department and to the city. San Fran- cisco has nmot had a more honorable or con- sciertious ROLLA V. WATT. Bound to last, the bindings of the Mysell- Rollins, 22 Clay st. Bindings 25 cents up, * (DISON WE DESIRE to notify our friends and patrons that there will be no interruption to our business on account of the fire that occurred in 3 our building Thursday £ night. g All business intrusted 2 to us will have prompt g and careful attention, g and we hope to be fa- o vored with orders as ? 4 heretofore. | % Cunningham, Curtiss & Welch Ineighteen hundred and fifty-four, in Hangtown, Cal., Mr. J. M. Studebaker made the first Stude- baker vehicle ever in California. Stubesaker Bros. Co. Dr. Lyon’s Qolfiavder by people of refinement over a quarter of a century PREPARED BY bW Lo 225, BITTERS A PLEASANT LAXATIVE NOT :INTOXICATING KIDNEY & LIVER Coal Reduction 2000 Pounds Put in Your Bin AMERICAN CANNEL $I0 Sold by All Reliable Dealers. For itomgch Disorders Cout and Dvspepsia VICHY CELESTINS Best NATURXA Alkaline Water, A VIGNIEE CO., San Francisca. PHONOGRAPHS MOULDED RECORDS ARE THE BEST NATIONAL PHONO. CO Q PETER BACIGALUPI. a 933 MARKET ST N\ 4