Sunday, October 5, 1924

Abilene Morning Reporter

Location: Abilene, Texas

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Abilene Morning Reporter (Newspaper) - October 5, 1924, Abilene, Texas NEWS rn PICTURES The Air Circus’ First Casualty FOB FIRE WEEK NEXT WEEK IS SET ASIDE AS FIKE PREVENTION WEEK IN ACCORDANCE WITH GOV-ERNOB’S REQUEST. BILLS RETURNED SATURDAY HETER PROBE IS ABARE City Commission Authorises Fire Chief Ferrier to Glee Prise* to School Children for Best Pewters Made By Them. Here is the first casualty of the Dayton (O.) air circus. This plane, carrying seven persons, started out from Chicago—but never even got on its way. It crashed Into onion crates piled at one end of ■ive take-off field before it scarcely was off the ground. The passengers were six schoolboys who had I# on trips to Dayton on the strength of the miniature airplanes they made in n school contest. Only the pilot was injured—and he cot seriously.— (Copyright. 1924, NEA Service, Inc.) Gas Sells at 8 3-4 Cents in Omaha BUILDERS OF ABILENE Following the suggestion of Governor Pat M. Neff in his proclamation Issued Thursday, and In accordance with the natlon-wldo observation of Fire Prevention Week. October 5 to ll. Mayor Charles E. Coombes Saturday issued a proclamation designating the week as one to be observed In the city of Abilene, and urged co operation of the citizens with the fire department officials in mak-    fixed by Circuit Judge A. D. MARION. III., Oct. 4.—*Th# Williamson county grand Jury today ret urn cd Indictments against Sheriff George Galll-gan, State’* Attorney Delos Duty and E. N. Bowen, Judge of lite Herrin court, on » charge of murder In connection with the Ku Kins Klan and anU-Klan rioting at Herrin last Angust 30, In which seven men were fatally wounded. Circuit Judge D. T. Hartwell refused to fix bail for Duty or Bowen, or to order their arrest. Ho said he felt he was disqualified to act as he would be a witness for their defense. Sheriff Galligan and others flamed lit tho indictments were ordered arrested and brought into court. Ball for Duty and Bowen would BIANTS ANNEX I FIRST 6AAAE OF I WORLD SERIES SECOND STEP FOR^H FOOT AIK MOUTH PUK WILL BE TAKEN ON TODAY WASHINGTON SENATORS I ■Defeated in the initial CONTEST SATURDAY SCORE OF 4 TO 3. I BY A Walter Johnson is Bested hr KeM In it Instal Game, But Only After u Burd Battle Between the Two Opp*»»lng Teams. profit and ing the week one of instruction . Fire Chief Ferrier has announced that the fire department employees will inspect the business houses and gathering places throughout the city for the purpose of locating and eliminating fire dangers, and that he will attempt to create a great deal of interest among the Abilene school children in the etudy of means of fire prevention by offering prizes^Jor the It was an il Omer* next week, nou need. The Jury had been in session two weeks when it made its report this afternoon. Judge Caverly Says Acted on His Conscience By the Associated Press. WASHINGTON. Oct. 4.—The New York Giants fought their way to victory today over the Washington Senators in the opening game of the 1924 world series after one of the mrst thrilling, dramatic battles baseball has ever known. The Giants won by the narrow margin of 4 to 3 in twelve bitterly contested innings and conquered Washington’s heroic moundsmsn, Walter Johnson, but the Sena-j tors, though beaten in the first Md they have ever made for the game’s greatest crown, covered themselves: with glory in a fighting finish that j drove a crowd of over 25,000 into hysterical frenzy. Coming from behind when It seemed that two smashing homo HASKELL FAIR COMES TO CLOSE THERE SATURDAY FIRST ATTEMPT OF HASKETT, TO STAGE FAIR ON BROAD SE AEE IS REGARDED AS SUCCESS Parade Through Bual nee* District Followed by Crowning of Miss Maurtne Couch as Queen Opened Exposition Thursday. By CHICAGO, ment *EO. W. M’DANIEL, Jr. Staff Correspondent HASKELL. Tex., Oct. 4. — The first annual Fair of the Haskell County Fair Association came to a successful    close    here Saturday runs    by    George    Kelly    and    Bill Ta"!    jif^t aftjw    taree    ^^Oment ^nd ry had    clinched    the    game    for    the f    V5    i a «    H^keU’T first at- wa thrills. It was Haase ti s first ai-Natlonal I^agus champions, Wash-, tempt ^ a re&] county _ wMe fair on a broad scale and to say that sh# did herself proud, would be putting It mildly. The Haskell County Fair was staged in    their    twenty-four acre ington tied the score in the ninth with a spectacular rally and then. in the twelfth, after the Giants had gained another commanding lead,, scored their third run off Art i HOUSTON, Get. 4—Thhrtetai hundred ranee OMC!© ta four | herds lit pastures adJohi* D R IMI premises where several hundred were slaughtered yester-day, wtM he kilted in KHI second major operation •» ihe federal government to check a spread of Ute foot and month di*enV in Sooth Texas, said an announcement today at the office of Dr. Marion In»cs, federal director of eradication. It was said that thee© herds were known as contact herds and it was deemed necessary to destroy them in order to create a space between the infected premises and free territory. “We feel confident,” the announcement recited, “that thorn cattle will soon break down with the disease. They have intermingled wi;h the infected cattle kiltedf yesterday, principally through gaps they mad© in poorly constructed fences. In some instances they have come In contact with them through a common water supply-We could, of course, kill each herd as the disease developed and con- , tlnue that policy until It was ex- # hausted through lack of material. The only way it see -na to us to best posters made by them. — ’     k . „ ince he passed sentence up-j city commission I rids? afternoon I    Cathan F. Leopold Jr and Rich- . .    ...    ^i.s    va___I.. 4 Vi aa T    .    •    *    ._______ s     ta-__I.- 1 .....    ...........— ened once more to deadlock    *____»i„„    Tho The he has been a ^patient forJhe throe g am<? , in a final, desperate spurt. J J,"J^conwrvati^y valued Attack Too Much. at $20,000 and considerable im- nouncement concerning the of the prizes will be made later. T*V Proclamation. •TO THE PEOPLE OF ABILENE: [CAGC. Oct. 4—in a state- v.af Giant ■ outhpaw .and threat- Maged in their twenty-rour acre; The only way lt eeo , na lo us issued from a hospital where ' ened * once mPTfk to padlock the     wh J ch    ti    KUI    It, inasmuch as it scatters rap idly and become 5 * more virulent with age, is to get ahead of it and break c^Uct. The best way to do that la to destroy contact herds.’’ A ditch for burying the 1.300 cattle marked for destruction war being dug today. Present plant ______ _    contemplate shooting them tomor- dent of the Association, stated Sat-, j-ow. g y Sunday evening Vt f ar urday afternoon, “We are delight- voted to allow Chief Ferrier the' rd Lc*b,,d*yers'of Bobby Franks, ’    "["^pow^'of    an    Vt-    Pavement    will    be    made    prepara- mortey for offering prixee to the lodge John It. Caverly last     tjick    * thju johnson and the Sena best posters made by the children, revealed the procaasesIJKma m-nti t0fg ^ j egp jte their most heroio ef    .     ki    f    the    8UCCM « 0 t    iriia tory to the opening of the 1925 exposition. In speaking of the success of this instead of to the gallows. Judge 1 Ca?cHV*s e t m'^'a^hoSrtll |    uK*?Ki*S3Sl\    *    wfth    th^    mite    W    fii^tFair, though they emerged defeated in the nervous!    I    Our    dreams    have    come    true    The “Tear by year the destruction of v ■    #    .SS    j    nae of the most remarkable dem-|    .    ideal    the crowds were property by f lre in America    woui”    have    bim    no    appeal. Thai onrtrd -*®*J* ar, y *•»**■, victor or     t    nd    th#    attractions    were «« dl „ ,„cr„., d UMH th. -nu.    WM-    3E,~TA n.„.n, I *Sra3S^^-3S*22asS»' sr-s-s^sas-fc-ss* loss is now $$08,000,040, or average of $1,391,730 each day, “These millions of dollars have hoped they would be underground “By that time,'’ Dr T. W. Cole assistant to Dr. Im©* said, “it is expected that no known infected cattle will be above ground in th© quarantined area.’’ 7    Ba Killed Sunday. L How for these measures would .go toward preventing a spread of do not the disease among 10,000 to I 5,0*'O know    how    much.    We    will build j milKe cattie in quarantined area another    grandstand    for    next year ,    only be conjectured. Th* have made mosey out of this year s' host 0 f notables forming the bril d reclaim, th* none. .-kitaiteLv*- , rv.ere rn .^lisst gathering, threw restraint _ .    aet    we SyTTwoii! tt«n    furtn-r npp,-»l th... wpjji «U»d. J„ ld , at , h „ , nl , of , h ,t Mill.--    th^.g___ h ! w , *jRY?,ss.r5ss. , S5 r    ««?»    srsst&u W .niountinf^o    ,H.u-1 ~ ^ ^    “ If >ou *a> oVt {be game had seemed lrre*4*t- und also other permanent build- ^"•NVarW sU*Jf this could h* -mld-| defense, said himself     umu ed if greater care were taken in j*hose two boys must die, thty ^J-*j|biy against them. Opened Thursday destruction of 1,300 tomorrow, it was said, was planned as one means na them tar the creation of a soar wmOli wouW ho without canthi tad ween them and the principal The Haskell County Fair opened aej , t of Jnfectation. By NEA Airmail Service. OMAHA. Oct. 4,—Qmnha’s ga saline war ta getting hotter every day, H. O. Churchill, manager of the People’s Gas Company, Is leading a new offensive. He’s reding his gasoline at 8 3-4 cents a gallon now. H. O. CHURCHILL From early morn until late at night, IS men are kept busy filling the tanks of the hundreds of cars that stop at Churchill’s station. First day his new price was in effect they sold 13,000 gallons, Churchill estimates, H. R. Michael, proprietor of the Service Company’s stations, dls- stunnlng blow for! Thurteay with a big Phcto by Rex. JACK LLOYD Th© new transcontinental lines • educated in cf the Toaiitl “the Mackay system. constructing buildings, if litter andric.’ .    _    .    Mv    ron-L 11 ,.^.    ?    i    through'    the    business streets, thw, km the entire num ber. it wa* pm rubbish were removed f «^ lo Vmo Shaf to do. There    tta?*    kaTb.    »    culadnatlon    of which was the] ted out , the operation would ml ***** 0fb ^^:    Iha^becn    3^4    piea.'ofgullTy    ^ ^5^52 crowning cf the queen at the Fa br compare with the slaughter Jm the handling fire. and ii® years In this county and only on that pies. after Lo reached, but could not t parade* tho, the] '’Air The parade was led by Even If it Is found necessary to a number, it was p* ted out, the operation would nut cross, the threshold of his eighteen * r £J n ^J* en Clifton, who rode ho-se- year oM ambition—a world series back. Next came the Haskell •insoonunemai imps • eaucuen in    -     npr . on    hanccd rcleirraphi Company, j taught the importance o ex .em    t wo    hive    ever    been    hanged    victory—but It left Bucky Harris i -----. , onu»i.t,d    T«r;;    I    t_««    12-? sn?    *251    1    sass * ’ *    ***    ’    #    I    •jcfti , vlv    piivt, ta ii’* iii* (UWM aim- *    ,    ,    juntlifr bein ii i F coombe*.'Mayor of the City ofi«»ees juries passed on them andolscouragcd. undismayed and con- JJS ,V. y dSoraS tart A feature U    co-operation,    the    supreme    court    passed    on    them    I    f iden t    that    they have suffered biRy    ^medVtaSS in And he intends to keep on dish- agrees with Churchill that the ing it out ut that figure for some time to come. “It’s a rock bottom price.” he says, “but our new contract with the Southern Refining Company enables us to make It. “It’s a high-test* gas, good us my In the city.” S 3-4 cents represents the actual vest price. “Gasoline at the refineries cost at least € 75 cents,” he declares. “Add to this the freight charge of 2.21 cents, and tho 3 cents a bar-too—as rel inspection fee. That will gi>e you 9 cents, right there.” the Pacific coast, now are used.. Six new offices ha VO been, Abilene. Texas.    .    -, n , opened in Texas west of Fort Worth with the nation-wide    ‘"J ond others ar© to be open© I soon 'the elimination    .^ r f2 ren . a    At    - [-.O'     1 Abilene is one of tho potnts. and waste, d Jack Lloyd, former acting manager J BER *TII -    .    . of tho Postrl Company at Fort PREVENTION VV EEK    in    the    Utyj a temporary setback in a ugm -•—, r r'    n + |j aa t.«n ultimate triumph.    by    you^    _Tn»n    ' ^nation of preventable fire barged sn a mea or cuiny. i , . otto- know of a minor hanged In all the j) T o HTH 3924 as FIRE I United mates on a plea of guilty. | vn.,,v- iv IR KIT in th* City ‘‘Here are tao boys who never Worth, has been placed in charge of the Abilene office. In 1915 he began work for the old Texas Postal Company in Dallas ani was with them 3 years. He then wag with the Western Union T<legra;»h Company until 1919 when he reaicm d his position with f Abilene, Texas. commercial organizations, school officers and • ©acher*, and our people as a whole, arrange meetings and exercises for the study of firtj prevention problems, as well as to impress the seriousness of waste “There has re v er been a minor _ ____________ __ en a plea of guilty. I don’t {That'wd'l^lead to Hero In Defeat. Johneor, the idol of all fans, the mainspring of Washington’s hopes.. had done a wrong thing^in their f emerged a hero even In defeat. For while th© game veteran was hit *’ hard and paved the way for his own downfall in the twelfth inning. when he faltered, he gave a brilliant exhibition. Flashing all the amazing speed that has made him famous, Johnson struck out twelve of the Giants and in nine of California epidemic, when 114,000 cattle, hogs, sheep and goats were destroyed before the dis ease was checked. Moreover, it was added, in California there were four prln- _____ clpal points of infection—in or noa r I    of    the    parade    was    the    comedy    stunt    oakland, Merced, Sonora end Los a Ilgni ____. v.. ........n+ flank*!!    ■*    —' Of course. "On these days let our civic and    until    this crime. - the crime in Itself was atrocious and brutal and wanton. But they had never been arrested before, even for disorderly conduct. That wag the important thing with me. “I dont think theylt ever get out. I don’t think their folks want them the Western Union and was again caused h>' nr ^; aI1 ^ ^taction f af °ut. lf I had banged them I would ! the twelve Innings baffled them w ith tho Postal Company. In De- utmost^ cure for^ the protection ^    ^    ^     creat bl< f< , Uow . I wlth fhm rrmft and *-* m oke” of his Gives Up Hubby IV.,* •I» g r d! ih Co.ni‘:’ny and in June of 1924 came to Abilene. have bern a great big fellow, would Have been praised on 11 with the craft and But who posed a# bathing beauties. Of the decorated cars Rule was award ed first prise, Sagerton second prise G. Alexander and Sons third prix©. Amid a crowd of about two thousand people, Miss Maurine Couch was crowned Queen of the Haskell County Fair. She was crowned by-Hardy Grissom, President of the Fair. lane Crowds Attend The ticket sales for the Fair, including main gate and grandstand Angeles—whereas in south Texo* the authorities are dealing as yet with but one. Reports to Dr. lunes’ office today indicated no extension, of the area of infection. Hope again was expressed that the disease had been pocketed in a triangular space between the ship channel, the Santa Fe railroad and Gulf.   ........ -       all    delivery. But two mighty homo amounted to appcoxtaaaJ y * sides. It would have been the path) runs by Kelly and Terry, thrusts for three days- 4» Ute hts-of least resistance. But my conscl- that came with the suddenness of d *y the paid ad rn .a*io na * ™    , Mr. Lloyd was born lr Dallas in purpose of    Vt*    us Tx* attended gram- f»«*« dangers, and then let us ex- a I it* nu u    .    v..    Vt,-*    Preven- ence told mo wh*'t to do.’’ March, 1901. He mar school md completed Rrjan High School there. He was married in 1922 at Houston to Clarice Martha)! of San Antonio. He is a ini'mlx r ti’ tho First Bai Hat »hureh and a member of the Lions Club tend the activities of Fire Preven-j _ •    in    I all. tion Week to the remalni'% 5! BALTIMORE. Md.. Oct S/— weeks Of the year    I    Horace    W.    White,    Jr.. ST, local *o- • In tent mony whereof, witness okdv ard c j„v mnn plunged to his lightning, and a savage drive In J wo days bouhuf.neUoi.tale^aoinn th. twelfth inning, brought .bout to    i Micrnature and teal cf death from his office on the 10th southpaw skill of Nehf. The Giant Iii till thU the 1st dry of Oc- floor of the Maryland Trust build- atar. despite sporadic streaks of “ber. A D I924.     y    ing at Calvert and Redwood streets J wildness, had the better of a duel tl Vr* , Tlrtt “"So Johnson ' ciudad (nntnX malrhed hi, wond.rfut .prod, hi. f»lr P»r* I. «, arranged ^ IJ© puxxlittg change of pace. with the aons    to    atte®®     5 . The Giant • grandstand attractions did not nave HOUSTON. Oct. 4.—'Three long mounds of earth over 1,900 cattle worth about $176,000 was mute evidence today of the federal gov-ernmant’e first major effort ta a campaign to check the foot and mouth disease ta South Texas. The cattle were shot yesterday to re- Fashion Note “CHAS. E. COOMBES. “Mayor.” "Attest: M. I* SELLERS, “Secretary.” BROOKHART HOLTS THI REPUBLICAN PARTI today. Relative* dec*ared their belief fspectacular Then came th* ninth ’ rri»® s a permanent exhibit build- that was closely waged but ne vier I spectacular Then came th* iim.u r  - *    ,    . »,«,«!* _# that ne committed suicide. II* badland the Senators, breaking through *«*• 48    Multrv and llve- hoen RUfferin?* from nervous break .the defense that had held them at IBA yid wnorji . e . e [gh{ S mile to pay for admission Into the fair cattle bdouitfBg ^    Thomas    C. Dunn. Jr.. and Al Mc Fadden. respectively un ., Haskell County’s Fair plant corn- down for some time, It was said. bay. tied the score and threw the stock buildings, a wild, extra irking rac ® track with    . bleachers to accommodate tome , DES MOINES, Oct. 4.—Senator; j Smith W. Brookhart Yesterday j ’threw down the gauntlet to the n*-I tional and state republican cigars- y WEATHER izatlons with an attack on the re- WEATHER SUAE AU A. Oeoartmem of Ageiecttuee ABILENE, gam* Into “ «na *«+rm irsinp race iracx »u" grandstand and tU Tudge had started the ninth in-1 four thousand people and ample suspiciously by striking out when ora to ®nlarge upon the pl . Blue**, young third baseman. Much credit for the eucceaa brought the crowd to its feet with Fair Is due to the untiring a single that Jackson got his glove I a »d energy of Turner E. on but could not handle. Peckin- ! Manager of the x air. The assoua- ,       Texas,    Oct.    4.—For    *hnrt a ton    followed    Hon    Is    incorporated    for    $12,500    and cords of President Coolidge    Abileno    and    vicinity:    Sunday    part-    I    , in „     to    renter!    this    will    be    Increased.    Prises    and Charles G. Daw**, republican nom- i y c j oudv to unsettled, colder, ineos for president and vice pf    i\, r Kast Texas:    Sunday    pu.. dent, and in *o doinj announced j y cloudy to unsettled, colder In “a repudiation of and a bolt frcn northwest portion, the republican party.” according to p 0r VTta Texas:    Sunday gen- the Iowa republican central con- j erally fatr, colder except In south-mittee.    east    portion. The committee’s report, made,     — public late yesterday declared that WASHINGTON. Oct. 4.—Wrath* senator had, by his utterance*, ther outlook for the veek begin-made a self Impelled bolt from the ning Monday; with a line smash to left center.-- , i an ‘ 1 Db:cg* scurried ox’er the plate j prwnlumi IL    with    the    tieing    run    amid a wild Told by his doctor that he had on* year to live, Ralph W. Upham of Columbus asked his wife, Emily K. Upham, to release him from marriage so he could live his leat year—with the woman he tov-«”1. Mrs. Upham (above) granted his request by suing for divorce, nhtch war vt anted, together with $59 a month for the support of their son, age 5«     4 To ba a fashionable Boston girl take one bright yellow raincoat, paint in bright colors whatever picture suits your fancy upon th* tack and parade j*our town’s most prominent street. !>«<r Comtsky, WcU* *ley College girl, is demount rating. outburst that halted th* game for several minutes until the outfield 'could be ileaved of a cushion show cr. Falls to Break Through. Peckmpaugh rested on second with a pros pact of scoring the wincing run and when he advanced to third on Ruel’s out. the crowd cat! The center of the Exhibit Building was devoted to products of Haskell County, it being remembered that Haskell County won first prix# in county exhibits at the West Texas Fair in Abilene this year. Splendid exhibits were entered at the Haskell Fair by the following rur a1 communities^ the first four of which wore awarded prizes in the move three horde as actlvo agents in tho spread of the diseaoe. They Included more than FOO pure bred Brahma cattle,, the property of Dr. William 8, Ja«obe, Houston preacher, and approximately 1,400 rang© cattle belonging to tho berth* af The next atop as far as It relate* to the infected premises, Dr. Marion Imee, federal Inspector In charge announced, would be to keep it free of animal life for ninety days. Then test animals will be placed upon the promises and observed for SO days, lf no Infection develops the pasture aouKJf be considered safe. Dr. Im©* today said no additional cases of Infection had beest discovered anywhere In the *tate. party    I West Gulf States: Showers and d to Johnson as he strode to th* order named, Howard. Midway, “It is our belief.’’ th* statel ier cooler Monday, generally fair with , J- u « n Vi, own Kame j. Weaver, Post. Brushy, Foster. Mc-sal*! .“that this action on the p temperature normal or below    un    it    v*    for    Conn#!,    dud    and    Center    Point.    All of Se oxter Brook hart has been ta* thereafter until near end whvn i heroic h bn;Un^    that spired by th* heads of tho La Fol- showers and warmer probable Jette party for the malicious purpose of attempting to turn the attention of voters from the lea ’ issues of th* campaign." I DU S. SEVER XL HI RT POPLAR BLUFF. Mo Oct. 4v—One man was killed one probably fatally Injured and several others Buffered in birles about IO: 15 o’clock tonight when Missouri Pacific passenger train number 8, due here at 12:30 tomorrow morning, left the rails at Swifton, Ark. Dry thermometer . Wet thermometer | Relative humidity •-Degrees. ba d town opened to the great pitcb-SATl•RD4 * < ‘ r * but though he tried hard he could not break through. This time he raised a short fly that Kelly grabbed In short Centerfield. Two Innings previously, with mon on first and second and two out, Johnson smashed a drive that seemed headed for safety in right center, but Frank Frisch. Giant captain, leaped high and brought down the ball to choke off the telly. Both tea ma lost chances to score (ta the tenth, Frisch getting to second for tho Giants on his hit and a Real. white Harris and Rice singled In succession for the Sen- A XI PM. I ...... M 87 £ ,.....SS 91 J ...... 5<» 92 4 ...... 69 ti & ...... «t 88 a ...... 43 82 ] 7 ...... M 89 I S ...... 47 • * :» ...... 73 .. J* ...... 78 .. ll ......*1 • • I Nov* ... Sa g.mrise ... 8:33 gun*.©: ... 6 2d n m. 13 $9 I P.m| #5* $•• ss* Ii* ti!*/ fOtf *•'* sm SUIT IS FILED SLI ASIDE WILL DF RICH TEXAN (Continued on Page 9, Column I.) of these are In Haskell County. Two independent school districts. Rule and Rochester, also entered un usually good exhibits, Rule being awarded first place with 805 notate out of a possible 1,000 and Rochester second place with 778 points. Roy W. Neah was superintendent of the agricultural exhibits. In the Haskell County display there were HO entries. In the Home Demonstration de-pa- ment, under the supervision of M s. T. A. Pinkerton, there were 23 7 entries of qakea, breads, can-d t canned frulft. Jellies, fruit juices and children's work, The ll mo Beautiful display, ta charge of Mrs. H. M. Smith, was LOS ANGELES. Oct. 4.—Suit ’n set aside tho will of John ‘A. San-key, wealthy Texas oil operator, was filed in probate court her* yesterday on behalf of his t" *• year-old daughter. Jacqueline, born citer her father died. The action was brought by Mrs. Lena fay© San key, acting as guardian and asks that th* infant,- be given * share in the $500,000 estate left by Sfcnkey. Charging irregular Rite ta tit# adminlst! ation of the astate tm* petitioner also asks that F, W* LieueaUcn of Fort Worth, executor, be ordered to return to California certain ’’’ Tho agt proper tv of saw, key’s vnlch I* tllefed to have t»«#p •"'Moved from the jurisdiction I* (Continued on Page 4» Colo**? ‘ the court without au!»n*i n v