MESSAGE SENT
TO CONGRESS
President's Recommen
dations on National
Legislation.
AS TO CURRENCY QUESTION
Many Defects of Present System
Are Pointed Out by Chief
Executive.
NOT TIME FOR TARIFF
Postponement of Discussion of Re
vision of Schedules Until After
Presidential Election Urged Ne
cessity for Improving Waterways of
the Country.
, Washington, Dec. 3. President Itoose
volt in hln nnnunl mcssngo deals vlgor
ously with matters or national lmpor
tanoe. Referring to the recent dlsturb
nc In financial circles he points out
that the hoarding of money by the peo
ple, instead of keeping It In sound banks,
was tho first cause of financial stringency
and a grave error. IIu pays a tribute to
tho general honesty of the men engaged
In tho banking business.
After quotations from his lust annual
message which dealt with tho necessity
of governmental regulations, the presi
dent asserts that his views have in no
way changed and declares ft in tho duty
of the national government to embody
In action the principles ho then expressed.
. : Disclaiming any Idea of advocating cen
tralization the president Insists upon tho
necessity for federal control of the rail
roads of the country through (ho Inter
state commerce commission, and also
urges legislation looking to the proper
control of the great business concarns en
gaged in Interstato business, this control
to be exercised for their own benefit and
prosperity no less than for tho protection
of "Investors and of tho general public.
Want Federal Control.
Declaring that modern industrial con
ditions are such that combination Is not
only necessary but Inevitable, tho presi
dent refers to his message of a year ago
concerning necessary changes In the
antitrust laws, lie goes on: "I ask for
full power to be given the federal
government, because no single state
can by legislation effectually . cope
with these powerful corporations en
gaged In interstate commerce, and, while
doing them full justice, exact from them
In return full Justice to others. The con
ditions of railroad activity, the condi
tions of our Immense Interstato com
merce, are such as to make the central
government alone competent to exercise
full vupcrvlslon and control.
"Tho antitrust law should be made both
more efficient and moro In harmony with
actual conditions. It .should be so amend
ed as to forbid only tho kind of combina
tion which does harm to the general pub
lic, such amendment to bo accompanied
by, or to be an incident of, a grant of su
pervisory power to tho government over
these big corporations engaged In inter
state business. This should be occom
Oanied by provlston for tho compulsory
publication of accounts and the subjec
tion of books and papers to the inspec
tion of the government officials. A be
ginning has already been made for such
supervision by the establishment of tho
bureau of corporations.
"Among the points to be aimed at
should be the prohibition of unhealthy
competition, such as by rendering Bervlcc
at an actual loss for the purpose of crush
Ing out competition, the prevention of in
nation of capital, and tho prohibition of
a corporation's making exclusive trade
with Itself a condition of having any
trade with Itself. Reasonable agreements
between, or combinations of, corporations
should be permitted, provided they are
first aubmlttcd to and approved by some
appropriate government body.
I,lk TVxHnnnl nunk Nimprvlalnii.
' "The congress has tho power to chartor
corporations to cngago In Interstato and
foreign commerce, and a general law can
be enacted under the provisions of which
existing corporations could take out fed
eral charters and now federal corpora
tlona could be created. An essential pro
vision of such a law should bo a method
of predetermining by some federal board
or commission whether the applicant for
a federal charter was an association or
combination within the restrictions of tho
federal law. The supervision established
might be analogous to that now exercised
over national banks. At least, tho antl
trust act should be supplemented by spe
cific prohibitions of tho methods which ex
perience has shown have been of most
service In enabling monopolistic combina
tions to crush out competition. Tho real
owners of a corporation should bo com
pelted to do business In their own name
Tho right to hold stock in other-corpora
tions should hereafter bo denlod to Inter
stale corporations, unless on approval by
the proper government ofllclals, und a
prerequisite to such approval should bo
tho listing with the government of all
owners and stockholders, both by tho
corporation owning such stock and by
the corporation in wnicn sucn stock la
owned."
I After calling attention to tho benefits
which tho legislation ho urges would
confer upon tho country, tho president
aays: "Thoso who fear, from any rea
son, tho extension of federal activity will
do well to atudy the history not only of
tho national bnnklng act, but of tho pure
food law, and notably tho meat lnspcc
tlon law recently enacted. Tho benefit to
Interstato common carriers and business
concerns from tho legislation I advocate
would bo equally marked.
i The Currency Uueatlnn.
On tho question of tho currency tho
pre.sjucm cans attention to His last an
nual message wherein ho polntod out
that our prcsont system is defective and
bowing tho need of a change. In that
message lie said:
"National banks should bo permitted to
laaue a Bpaciflcd proportion of their cap
Ital In notes of a given kind, the Issue to
be taxed at so high a ralo as to drive the
notes back when not wanted In legiti
mate trade. This plan would not per
mit tho Issue of currency to give banks
additional profits, but to moot tho emer
gency presented by times of stringency.
I do not say that this is the right sys
tem. 1 only advance It to emphasize
my belief that there Is need for the adop
tion of some system which shall bo au
tomatic and open to all sound banks,
so as to ovoid all possibility of discrim
ination and favoritlam. Such a plan
would tend to prevent the spasms of high
money and speculation which now ob
tain In the Now York market; for at
present thore Is too much currency at
certain seasons of the year, and Its ac
cumulation at New York tempts bankers
to lond It at low rates for speculative
purposes; whereas at other times when
tho crops are being moved thoro Is ur
gent need for a large but temporary In
crease In tho currency supply. It must
never bo forgotton that this question
concerns business men generally quite
as much as bankcrn; especially Is thin
true of ntockmon, farmers and business
men In the west; for at prcsont at certain
Beusonr, of the yenr the dlfferenco In In
terest rales between tho cast and west
Is from six to ten pur cent,, whereas in
Canada the corresponding dlfferenco Is
but two per cent. Any plan must, of
course, guard the Interests of western
and southern bankers a carefully as it
guards the Interests of Now. York or
Chicago bankers, and must bo drawn
from the standpoints of tho farmer and
the merchant no less than from the
standpoints of the city banker and tho
country banker."
ltepentn Itceommcndntioaa.
The president continues:
"I again urge on tho congress tho
need of Immediate attention to this
matter. Wo need a greater elasticity
In our currency; provided, of course,
that wo recognize tho oven greater
need of a safo and secure currency.
There must always be tho most rigid
examination by tho national authori
ties. Provision should bo made for an
emergency currency. Tho emergency
Issue should, of course, be made with
an effective guaranty, and upon condi
tions carefully prescribed by tho gov
ernment. Such emergency Issue must
be based on adequate securities ap
proved by tho government, atid must
be Issued under a heavy tax. This
would permit currency being Issued
when the demand for it was urgent,
while securing Its retirement as the
demand fell off. It is worth investi
gating to determine whether officers
and directors of national banks should
ever be allowed to loan to themselves.
Trust companies should be subject to
the same supervision as banks; legisla
tion to this effect should be enacted for
the District of Columbia and the terri
tories."
fioi Time for 'I'm riff DIucunhIob.
On the subject of tho tariff tho presi
dent declares himself In favor of post
poning all consideration of tho ques
tion until oftei- the prcstdontlal elec
tion. He says:
"Tho Income account of the nation Is
in a most satisfactory condition. For
tho six fiscal years ending with tho
tlrst of July last, the total expenditures
and revenues of tho national govern
ment, exclusive of the postal revenues
and expenditures, were In round num
hers, revenues, $3,405,000,000, and ox
pondlturcs, $3,275,000. The net ex
cess of Income over expenditures, In
cluding In the latter tho fifty millions
expended for the Panama canal, was
$1!)0,000,000 for tho six years, an
average of about $31,000,000 a year. This
represents an approximation between in
come and outgo which It would bo hard
to Improve. Tho satisfactory working of
the present tariff law has been chiefly
responsible for this excellent showing
Nevertheless, there Is an evident and con
stantly growing feeling among our peo
plo that tho time Is rapidly approaching
when our system of revenue legislation
must bo rovisod.
"This country Is definitely committed
to the protective system and any effort
to uproot It could not but causo wide
spread Industrial disaster. In other
words, the principle of the present tar
iff law could not with wisdom be
changed. But in a country of such
phenomenal growth as ours it Is prob
ably well that every dozen years or so
the tariff laws should be carefully
scrutinized so as to see that no ex
cesslve or improper benefits are con
ferred thereby, that proper revenue, is
provided, and that our foreign trade is
encouraged. There must always be as
a minimum a tariff which will not only
allow' for the collection of an ample
rovenuo but which will at loast make
good tho dlfferenco In cost of produc
tion here and abroad; that is, tho dlf
ference In the labor cost hero and
abroad, for tho well-being of the wage-
worker must ever be a cardinal point
of American policy. Tho solo consider
atlon should bo to sec that tho sum
total of changes represent tho public
good. This means that the subject can
not with wisdom bo dealt with in tho
year preceding a presidential election,
becauso as a matter of fact experience
has conclusively shown that at such a
tlmo It is impossible to get men to
tvet.t it from the standpoint of the
public good. In my judgment the wise
time to deal with the matter is immedl
atcly after such election."
Income and Inheritance Tat.
Thoro has been no change In the
mind of tho president concerning tho
advisability of an Income tax and an
Inheritance tax. In the message ho
says:
"When our tax taws are revised tho
question of an Income tax and an in
herltance tax should receive the caro
ful attention of our legislators. In my
judgment both of theso taxes should bo
part of our systom of federal taxation.
I speak drflldently about the Income tax
because one scheme for an Income tax
wus declared unconstitutional by the
supremo court; while in addition It is
a difficult tax to administer In ltn prac
tical working. Nevertheless, a grad
uated incomo tax of tho proper type
would bo a deslrablo fcuture of federal
taxation, and It Is to bo hoped that one
may bo devised which tho supreme
court will declaro constitutional. The
Inheritance tax, however, la both a far
better mothod of taxation, and far more
Important for tho purpose of having
tho fortunes of tho country bear In
proportion to their increase In size a
corresponding Increase and burden of
tnxatlon. The government has the ab
soluto right to decide as to tho terms
upon which a man shall receive tho bo
quest or dovlso from another, and this
point In tho devolution of property Is
especially appropriate for tho imposi
tion of a tax."
Due "enforcement of I.avr.
On tho matter of the Impartial en
forcement of the laws the message
says:
A few yearn ago there was loud
complaint that the law could not he In
voked against wealthy offenders. Thore
Is no such complaint How. Tho course
of the department of Justice during the
lost few years has been such as (o
make It evident that no man atauda
abovo tho law, that no corporation Is
so wealthy that it cannot be held to
account. Everything that can be done
under the existing Inw. and with the
existing Btate of public opinion, which
o profoundly Influences both tho
courts and Juries, has been done. Rut
tho laws themselves need strengthen
Ing In more than one Important point;
they should bo mnde moro definite, bo
that no honest man can bo led unwit
tingly to break them, and no that the
real wrongdoer can bo readily punished,
"The two groat evils in the execution
of our criminal laws to-day are senti
mentally and technically. l-'or tho lat
ter tho remedy must come from tho
hands of tho legislatures, the courts
and tho lawyers, Tho other must dc-
pond for Its euro upon tho gradual
growth of a sound public opinion which
shall insist that regard for the law and
tho demands of reason shall control all
other Influences and emotions In the
jury box. Roth of theso evils must bo
removed or public discontent with the
criminal law will continue"
l.'we of InJiiui'doiiN,
.Referring to tho question of tho use and
abuse of Injunctions the president de
clares: "Instances of abuse In the uraullnir of
injunctions in labor disputes continue to
occur, and tno resentment in the minds
of thoso who feel that their rights ore
being invaded and their liberty of action
and of speech unwarrantably restrained
continues to grow. Much of the attack
on tho use of the process of Injunction is
wholly without warrant; but I am con
ntralned to express the belief that for
somo of it there Is warrant. This ques
tion Is becoming moro und more of prima
Importance, nnd unless tlie courts will
themselves deal with it In effective man
ner. It Is certain ultimately to demand
somo sort of legislative action. I earnest
ly commoml to the attention of the con
gress this matter, so that some way may
bo dovlscd which will limit thn abuse of
injunctions and protect thoso rights which
from time to tlmo It unwarrantably In
vades." Among tho recommendations made In
tho message are for federal inspection of
railroads, the establishment of an em
ployers' liability act, and for tho exten
sion of tho present eight-hour Jaw by the
government.
In Industrial DlniuitcN.
The president favors compulsory In
vestigation by tho national government
of Industrial disputes, saying:
"Strikes and lockouts, with their at
tendant loss and suffering, continue to
Increase. For the five years ending De
cember 31, 1905, tho number of strikes
was greater than those in any previous
ten years and was double tho number
In tho preceding five years. Theso llg-
urcs Indicate tho increasing need of
providing somo machinery to deal with
this elas.1 of disturbances in the Inter
est alike of tho employer, tho employe
and the general public. 1 renew my
previous recommendation that tho con
grcss favorably consider tho matter of
creating tho machinery for compulsory
Investigation of such Industrial contro
versies as are of sufficient magnitude
and of sufficient concern to tho people
of tho country as a whole to warrant
tho federal government In taking action
The recent strike of tho telegraphers la
cited as an instance whoro such power
might profitably have boon used.
Child Labor Evil.
Tho necessity of checking the evil of
ehlld labor Is pointed out with much dl
rectness. On the relation between capital
and labor tho president asserts that pub
He opinion must be aroused In condemua
tlon of evil practices on both sides. Tho
work of tho department of agriculture Is
given high praise and the Importance of
tho department pointed out. Cooperation
with farmers' associations Is urged. The
necessity of a national systom of Inspec
tion and grading of grain, to correct evils
complained of, Is also pointed out.
.National Water Highway.
Showing tho necessity for the develop
ment of tho national water highways tho
message says: "Our great river systems
should bo developed us national water
highways; the Mississippi, with its trlb
utarles, standing first In importance, and
the Columbia second, although there aro
many others of Importance on tho Pacific,
the Atlantic and the gulf slopes. Tho nn
tlonal government should undortakc this
work, and I hope a beginning will be
made In the present congress; and tho
greatest of all our rivers, tho Mississippi,
should receive especial attention. From
the great lakes to tho mouth of tho Mis
slsslppt thero should be a deep waterway,
with deep waterways leading from It to
tho east and west. Such a watorway
would practically mean tho extension of
our coast lino Into the very lieart of our
country. It would bo of Incalculable ben
eflt to our people.
"As an Incident to creating tho deep
waterway down the Mississippi, tho gov
ernment should build along Its whole
lower length levees which, taken to
gether with the control of tho head
waters, will at once nnd forever put a
complete slop to all threat of Hoods in
tho Immensely" fertile Delta region. Tho
territory lying adjacent to tho Missis
sippi along Its lower course will there
by become ono of the most prosperous
and populous, as It already Is ono of
tho most fertile. farn.Ing regions In all
the world."
"I have appointed an inland waterways
commission to study anu outuno a com
prohonslvo scheme of development along
all the lines Indicated L.atcr I shall lay
Its report before tho congress."
Public l.niidN.
Extension of tho work of Irrigation and
tho roclamatlon of waslo lands is advo
cated, together with a revision of the
present land laws in tho Interest of the
actual home-maker, 'i no uniawiui rone
Ing of nubile lands for prlvato grazing,
the president says, must bo stopped, but
at tho Bamo time tho necessity which oc
casioned it must bo provided for. Several
plans are recommended.
Conservatism of the mineral wealth of
tho country, and the necessity for tho
preservation of tho forests to provent a
timber famine, aro dwelt upon. Drastic
action by tho congress Is urged.
Would Hcnenl Duly on Wood Pulp.
The president declares In favor of tho
repeal of tho duty on wood pulp, at tho
same tlmo declaring that It should If
possible bo accompanied by an agreement
with Canada that thero snouid bo no ox
port duty on Canadian pulp wood.
That tho government should own und
leaso mlnornl and oil lands Is (ho bollei
of tho president,
Work on tho' Panama canal is declared
to be proceeding In a Satisfactory man
ner, and flgurei given to substantiate the
Htatemont.
I ''or PomImI SnvlnRB Riinka.
On the questions of postal saving
banks and tho establishment of a parcels
post system the message says:
I commend to the favorable considera
tion of tho congress a postal savings
bank system as recommended by tho
postmaster general.
I further commend to tho congress the
consideration of tho postmaster general's
recommendation for an extension of tho
par.eel post, especially on the rural
routes. These recommendations have
been drawn up to benefit tho fanner and
tho country storekeeper; otherwise T
should not favor thorn, for I behove that
It Is good policy for our government to d
ovcrythlng possible to aid tho sninll town
and tho country district. It Is desirable
that the country merchant should not be
crushed out."
Some form of local self-government
for Alaska Is naked of tho congress,
and that tho rights nf citizenship be
conferred upon tho people of Porto
Rico.
CnmptilKn Contribution.
Die president says: "It la well to
provide that corporations ahall not con-
trlhuto to presidential or national cam
paigns, and further moro to provldo for
tho puhllctalon of both contributions
and expenditures. Tho need for col
lecting largo campaign funds would
vanish If congress provided an appro
priation for the proper and legltlmato
expenses of each of tho great national
parties, an appropriation ample enough
to meet tho necessity for thorough or
ganization and machinery, which re
quires a large expenditure of money.
Then the stipulation ahould he maelo
that no party receiving campaign funds
from lite treasury should accept moro
than a fixed amount from any Indi
vidual subscriber or donor; and tho
necessary publicity for receipts and ex
penditures could without dlmculty bo
provided,."
Tho extension of tho Ocean Mall act
of 1891 Is recommended as an aid to
American shipping. A subsidy for
Pacific steamers, tho president thinks,
Is necessary.
I'luit the. army In the past has been
niggardly provided for ami should bo
more geuorously dealt with la dwolt
upon at length, together with recom
mendations for future legislation.
Yearly additions to the navy are
recommended and in tho president's
Judgment tho country should build four
battleships this year.
Reason for Pacific CruUe.
Concerning tho dispatch of the fleet
to the Pacific, the president believes it
should be Bhlfted botwecu tho two
oceans every year or two as a means of
teaching officers and men how to handle
the vessels In a tlmo of war.
Although tho results of The Hague
conference aro declared not to have
been up to expectations, a degree of
good Is said to havo resulted, notably a
provision by which tho powers taking
part In tho conference agreed not to
have recourse to armed force for tho
collection of debts owed to their cltl
zona by foreign countries.
The expectation of tho government
Is declared to be to turn over Cuba to
a government chosen by tho people of
the Island within the coming year.
(criuan Tariff Agreement.
Concerning tho tariff agreement en
tercel Into with Germany, Its object is
declared to havo boon tho prevention of
a tariff war between tho United States
and that country. The work of tho
commission which mado tho agreement
is praised.
Tho president asks for authority to
remit to China all Indemnity In oxcess
of the sum of $11,G5C,492.U9 and Inter
est at four per cent.
In conclusion tlto messugo congratu
lates tho country on its present cor
dial relations with all countries, par
ticularly tho sister republics to the
south.
HAD HER PLANS WELL LAID.
William Wat Not Likely to Take Vlra
Away In a Hurry.
Vlra, tho MorseB sable cook, an
nounced to her jnlstroas that she in
tended to bo married tho noxt week,
says the Youth's Companion. Mrs.
Morso wns filled with regret. "O Vlra,"
she cried, "I was afraid William would
persuade you at last! You said you'd
novcr leave us."
"Why, I isn't gwlne to 'loabe you,
honey," nud Vlra patted the shoulder
of her young mlstross In a comforting
way. "I's jes' nacholly mairylng dat
Wlllum now to keep him from poster
Ing me. Ho's been rouu' too much
lately, an' yet If 1 caB' him off, he'll
get Into rnlxtrlous comp'ny. I's mar
rying dat boy to sabe him."
"Yes," said Mrs. Morso, somowhat
reassured by Vlra's tone, but slightly
bewildered, nevertheless, "I know It
will bo a fine thing for him, Vlra, but
won't ho want to take you away?"
"Whar ho get do monoy?" Inquired
Vlra, returning to her work of beating
eggs with renewed vigor. "I's sabod
do money fo' his honeymoon trip, and
I's got his plans all laid out fo' him
He's got a ticket out to Callforny au'
to bring my olo farder back oas'jan'
den I's gwlne send him down souf fo'
my slsior, an' den up In Canady fo'
my brudder, an' when he gets da
fam'ly all rounded up, an' has to sup-
po't 'em mostly, you t'nk he's gwlno
bo In a hurry to hab me to suppo't,
honey?"
Left a Generous Will.
Slgnor Eugonio Padova's tradespeo
ple will bless his memory. Ho was a
rich Italian gentleman who lived for
many years In Paris, and has just
died, leaving an original but generous
will. Ho bequeaths ?C00 to be divided
among all the barbers who ovor
shaved him at a halr-dressor's whero
ho went regularly. Every waiter who
served him In the restaurants In which
ho was accustomed to dluo gets a
logacy. Ho lcavos money also to tho
clerks of tho .shops of which ho was
si rogular customer, and to tho aerv
ants of the clu i to which ho belonged.
NEBRASKAN FREE
LIBERATED FROM MEXICAN PRIS--
ON AFTER TWENTY YEARS.
CASE ALMOST FORGOTTEN
Did Not Know What He Wns Thero
for, But Languished for a Score
of Years General
News Items.
Washington authorities" havo hern
advised fioru (ttilvoslou, Texan, Hint
.lames Konzbury a native of Ne
braska, aged seventy-live, linn been
released from a Mexican prison at
Gundalaxjnrn, whore ho mih eonllnod
for nearly twenty years. He unit
trouble with a Mexican of locnl In-
Huonco in Jalisco about lantl matter.
Alberto Sanchez assaulted hint with
n knife, and Kenbury shot and killed
him.
This wa nearly twenty years ago,
and, after languishing in prison for
several mouthy, the American, who
had Invested In largo holdings, was
filven a trial and convicted of murder.
lie never know what sentence was Im
posed, nnd was not allowed witnesses
at. tho trial, About a year ago be
communlcntod with relatives In Ne
braska through a Mexican who ha1
served a term In the same prison
They appealed to President Diaz, and
It Is said that tho government -Authori
ties had dlfllculty In locating the rec
ords In Kenzbury's cane. II. la be
llovetl he wns Imprisoned und forgot
ten. Ho was a young man when he
went to Mexico, and bought a ranch
of 5,000 acres, and was making monoy
when ho killed tho Mexican. His
property wns sold at public auction
sixteen years ago.
CODY FIRE WAS DISASTROUS.
8even of Largest Buildings in City
Were Destroyed.
Cody, Wyo., again Is the victim of
fire, over seven of tho largest build
ings of that city being burned to the
ground. A flro broke out in the city
meat murket, tho belief bolng that It.
was purposely sot' nllro. Tho flro
spread and swept down tho block,
burning tho entire row of frame
buildings. The largo Arnold building,
tho telephone nflice, skating rink.
Campbell Drug company's store and
llvo other largo buildings woro de
stroyed. Tho loss Is at present esti
mated at $50,000. A week previously
Cody flufforcd from a $12,000 lire, tho
blaze starting ut about tho same place
in the block and burning In the othpr
direction.
FIVE MILLIONS FOR BANKS.
Oklahoma Will Receive This
Sum
From Government.
Senator Owen of Oklahoma, who
called at the "white houso, snld ho had
boon assured that Oklahoma would
recolvo tho $5,000,000 duo from the
national government appropriated In
lieu of school lands In the Indian Ter
ritory. This monoy, he said, would
bo deposited by the state in state
banks without delay, thus rollovlng
the financial situation In Oklahoma
and tho Income to tho state will
bo greator becauso of the hlghor rates
of Interest which will be paid by the
state banks.
NUGGET IN A DUCK'S CRAW.
South Dakota Farmer Gets Christmas
Present by Shot.
When Jj. N. Snow, a small rancher
near Spearllsh, S. D took a chance
shot at a wild duck Hying overhead,
ho did not expect to get a Christmas
present. His aim proved true und tho
bird fell. When dressed a largo gold
nugget fell from Its craw. Snow Is
having tho nugget made Into a ring
for his wife and some prospectors
havo started out to And tho placer bed
from which tho duck picked up tho
yellow metal.
Big Companies Barred Out. .
Tho 'San Francisco Examiner suys
-that throo of tho largest Insurance
companies doing business on the coast
haov been denlod authority to tlo fur
thor biiHlnes in that state by Tnsur
anco Commissioner Wolfe. It Is al
leged those companies transferred
from tho stalo courts to the federal
court suits for losses sustained In tho
grent lire, In violation of tho stalo law.
Boy Kills Sweetheart.
Molvln Powell, aged sovonteen, shot
nnd killed his sweethenrt, Lillian Hum
phreys, aged sixteen, near Wllklns
vllle, Ky. Friends of Powell say that
tho pistol was accidentally discharged,
but the sister of MIbs Humphreys
claims that tho shooting was lnton
tlonal. Powell . has not boon captured,
