The news-herald. (Plattsmouth, Neb.) 1909-1911, April 19, 1909, Image 6
PIATISMOUIII ftEWS llf RAID R. 0. WAITERS, Business Manager PIiATTSMOUTH. NICHRASKA AS ID il. A LI A BOILING DOWN OF TKE NEWS OF THE DAY. MENTIONED In" III SPACE The Busy Reader Can Absorb In a Few Moments a Cood Deal of Information. Foreign. Newspapers of Madrid express lit tle regret at tin- expiration throe days hko of article, four, of the treaty of Paris, which gave Spain equal com nierclnl privileges with the United States lu the 1'hilipplnc Islands. During the voyage of the Cunanl liner, Luscantn, which sailed from New York April 7, for Liverpool, two young women ( Americans I, who had occu pied, n Hocond-clusH together, commit ted Hiiiclde by shooting. The bodies hurled at sea. With but a short distance separat ing them from their home port and a market for their catch, the 20o men comprising the crew of the sealing steutner Vanguard, wore forced to abandon their ship and all on board, the results of a months' strenuous work, when the steamer's main shaft was broken among; the Ice fields of New Foundland. A catch of 'J.uuii Benin went down with the steamer. A dispatch ironi Messina to a local newspaper declares that, notwith standing reports to the contrary, the king and queen, who recently visited the earthquake districts, are greatly displeased with the small amount of work so far accomplished. A permanent company for the pro duction in Germany of F.nglish plays in Knglish, under the management of Madame Meta Wing, will open at the Royal theater In Wiesbaden, May 17. The French government has In formed the state department of Its determination to put Into effect Im mediately the decisoin to expel former President ('. Castro of Venezuela from Fort do France, Martinique, ami compel tit in to return to liurope. An empty balloon came down near Contl, and apprehension Is felt for the three aeronauts that sailed away in the airship from I'arls. The latest intelligence from Gorman Southwest Africa says the discoveries of diamonds at Ludorit. Hay are more important than was at first supposed. Diamonds hitherto have been picked upon the sandy desert, but attempts to bore for water led to the finding of blue earth pockets containing diamonds similar to the Klmberley and other South Afrlcau stones. General. President Taft went to New Haven to attend a mooting of Yale corpora tion, visiting In New York by the way. llakers of Chicago appeal to Secre tary Knox for assistance in their hat tie with the wheat combine. The fact that hides have been put on the free list Indicates that the Mas sachusetts shoemakers are more pow erful politically than the agricultural west that grows hides. Hy a vote of 84 to 54 the Missouri house of representatives passed the bill submitting a constitutional amend ment providing for statewide prohibi tion to a vote of ihe qualified electors of the state. Honjaniln Thaw, well known banker and half brother of Many Thaw, Is critically 111 from pneumonia at his homo near Pittsburg, Pa. Gov. Shallenberger of Nebraska has issued his Arbor Day proclamation. The time is Thursday. April 22d. The French government is to pro sent San Francisco with a commemor ative gold modal. Presidents of several of the anthra cite coal railroads held a conference to discuss the situation growing out of the failure of the coal operators to reach any agreement with the miners. A movement is on foot in Nicaragua to displace President Zelaya. Vice President Sherman was a peaker at the I'ticn chamber of com merce banquet. President Taft has been urged to put a premium on sobriety In the army. Theodore Roosevelt, in a cablegram from Port Said to a Paris newspaper. denies that he kvo any interviews to French correspondents at Naples, lie says he never saw the correspondent of 1a Journal, whose "Interview" with Mr. Roosevelt was widely published. The season of aerial flights is soon to begin at Fort Mayer. A fire In Rochester. N. V., destroyed property worth $."0o,0iio. The summer homo of President Taft will be a bouse on Woodbury Point at leverly, owned by Robert D. Kvans of Boston. After the death of lloston Stalnakor at a cheap lodging house in Parkers burg. W. Va it was learned that bo had 1100,000 worth of property. Robert Rice, a wealthy planter, 'and his wife of Santa Anna, Tex., ure dead from the effects of wounds Inlllcted by the Baine bullet. Lorando Taft, who has boon award ed the commission for the Columbus memorial fountain to he erected In the Union Station plaza at Washington, I). C, receives the first prize of f20. 000. Crazy Snake Is ns hard to find ns the truditlonal needle In the haystack. Speaker Cannon may change the whole, house banking and currency committer. Gompers had an audience with Pres ident Taft to discuss labor matters. It is said that 1,500 men employed In Nebraska saloons will lose their jobs July 1. A reduction of $20,(ion,0(jo is the esti mated effects of the house amend ments to the Payne bill on revenues. Fifty thousand pounds of govern ment powder exploded at Wayne, N. .1.. at the Dupont black powder mills instantly killing one workman and seriou:-iy injuring several others. Secretary of Agriculture Wilson de cided that the claim of the New York Central railroad for $;ii;,(ioo fur ex penses In fumigating its cars under the foot nnd mouth quarantine order Is unjust, and has notified the com pany the department will decline to jmy the claim. At F.I Paso, Tex.. Clay Had. li.Te. 17 years old. shot and killed lllanche At kinson, 17 years old. because she had broken her engagement to marry him. Among the nominations sent to the senate were the following from civil life to In- second lieutenants in the coast artillery corps: Robert lilton Guthrie of Nebraska and George Kl nior Nlkirk of Iowa. The Payne tariff bill passed the house on the Pth. Mayor I'nterklrcher of Davenport, la., issued orders that all the gamb ling houses and sporting houses In the city be dosed and the tenants driven out of the city. F. Marion Crawford, the novelist, died at Sorrento, Italy. He was born in lSI.'i. He had been IU for some time. Washington. A vacancy in the office of chaplain of the navy will be filled by the ap pointment of a minister of the Metho dist Fpiscopal church, and Secretary Meyer will ask the board of bishops soon to meet in Richmond to nominate a candidal. The Times of this city says that Mr. Kryun will make the race for United States senator from Nebraska. Fruit Jobbers of Omaha, Lincoln, Sioux City and the whole west are wiring their senators protesting against the proposal of the Aldiich bill to double the tariff on lemons. Senator Hurkett notified the New lingland senators who are making the light for free hides, that he will talk two months on the tariff bill before he will allow hides to go on the free list. He is convinced that the live stock interest gets the benefit of this tariff and he proposes to Insist that it be retained. Wool, hide and coal, In which Ne braska, Iowa, Wyoming, South Dakota and inter-mountain states are greatly interested, will be taken care of by the senate tariff bill. A medal In gold, the gift of the French government, commemorative of the restoration of San Francisco from the tire and earthquake of three yoarsc ago, is to be presented In per son to the authorities of that city by Ambassador Jusserand between May 2o and 2.r. According to the official report of the department of foreign affairs of Japan, ;I07 more Japanese returned to their native country from the United States nnd Hawaii during March than entered the states and Hawaii. Rev. K. K. Davidson of the First Christian church of Washington, who Is charged with having contracted n common law marriage with Mls's Laura Dunn Clark, daughter of a for mer mayor of this city, at the Metro politan hotel, St. Ixiuls, last Decem ber, lias resigned his pastorate. Mr. Davidson denies he entered into any sort of marriage contract with Miss Clark. The State college of Washington won the national competition cham pionship for rifle shooting, with 22 caliber cartridges, among the col leges ami universities on their in door ranges in the contest last week, that institution making the highest score 940. President. Taft has won a signal victory for the Philippine Islands in the acceptance by the senate com mittee on finance of the provision of the Payne bill for the free admission of :;oo.o0o gross tons annually of Fili pino sugar. Personal. Western senators say free shoes must accompany free hides. Delegates to the Kappa Delta con vention called on the president. School children of Des Moines have petitioned Roosevelt not to kill wild animals. Death Is announced or Sir Donald Ciinio, the well known Knglish ship owner. Gompers is going to Europe to study the labor situation. Rear Admiral Sakamota or the Jap anesu navy visited (lie naval academy at Annapolis. Wade H. Kills was called Into con ference by President Taft to help straighten out the tangle which exists in the filling of a number or federal officers in Ohio. l.ord Kitchener will cross Canada this summer on his return trip from India. Tewflk Pasha has been appointed grand vizier, Rlfaat Pasha, foreign minister, and Ahmed Pasha, minister of war of Turkey. Grover Walker, president of the First National bank of Hoxle, Kas., was so dangerously Injured in a mo tor car accident that ho died. Joseph J. Hanks, a cousin of Abra ham Lincoln, died at Hloomington, III. Mrs. Louise Ann Ilarrin, a second cousin of President Jefferson Davis, of the confederate states, died nt Mobile. Andrew Carnegie hns given an Omaha church J1.0O0 toward securing a Pipe organ. i nee CHARGES ARE THAT OF VIOLAT ING THE REVENUE LAW. A LARGE NUMBER OF COUNTS Uncle Sam Defrauded of Eighty Thousand Dollars in Revenue on Oleomargarine. Topeka, Kau. Charged with de frauding the government by violations of the internal revenue laws, an indict ment was formally returned against the C'udahy Packing company of Kan sas City, Kas., in the United States district court here Friday. The company is indicted on tilt.'i counts. The odicers of the company will br summoned to appear in court and defend the charges outlined in the indictment.. The Cudahy Packing company of Kansas City was indicted on the charge of wholesale violations of the United States internal revenue laws. The chargf is Hint the company has defrauded tno government out of over $80.0nti in revenues on oleomargarine. The revenue law provides that each pound of imcolored oleomargarine must bear a revenue stamp of a quar ter of n cent, but that each pound of which coloring matter has been added to give it the appearance of butter, a 10-cent revenue stamp must be at tached. It Is charged in the indictments that the Cudahy company has sold the colored product under the quarter of a cent tax and consequently has de frauded the government out of large sums. Inspectors have been working on the case several months and have se cured samples sold in towns and cities from New York to Seattle and from Duluth to Jacksonville. These were forwarded to the government chemist, wiio reported that every sample con tained coloring matter, and this evi dence was turned over to District At torney H. J. Hone of Topeka, who sub mitted the facts to the grand jury. livery sample now in the hands of the government experts bears the iden tification mark of the inspector who purchased it, as well ns the analysis, which shows that It contains coloring matter. It is claimed by the government of ficials that the I udaliy company has succeeded in monopolizing the oleo margarine market by selling the col ored product and paying the tax on the basis of uncolored, there being u difference or cents per pound. Hy this means, it Is claimed, they wore enabled to undersell other manufac turers and control the market. Washington. Internal revenue offic ials expressed no surprise at the an nouncement that the Cudahy Packing company .had been indicted at Topeka, Kas.. for frauds against the internal revenue laws. It was admitted that the oleomar garine business or the company bad been under observation and investiga tion by treasury agents for three months or longer. CUDAHY DENIES FRAUD. South Omaha Packer Says No Color ing Matter in Oleomargarine. Omaha. When the Associated Press dispatch from Topeka was read to li. A. Cudahy, president of the Cudahy Packing company at South Omaha, he sta'.ed that he had anticipated such action being taken by the government for some time. Mr. Cudahy declared thai the suit was without foundation, as there had been no case of fraud' connected with it, and that the law had been lived up to. MASSACRE OF ARMENIANS. Soldiers Seemingly Powerless to Con trol Situation. Constantinople. A massacre of Ar menians has taken place at Adana, Asiatic Turkey and, according to the latest telegrams from Mersina, is still in progress. Soldiers, powerless to control the situation, are joining in the pillage of the town. The fatalities' are said to be numerous. The riots began last Wednesday and the town of Anada has been burned and many Christians killed. Fairbanks Goes to Orient. San Francisco. Former Vice Presi dent Charles W. Fairbanks, accom panied by Mrs. Fairbanks and others, sailed for the orient Friday on the Japanese liner Chiyo Maru. lie stop at Honolulu, leaving then May 17 for Yokohama, whence he proceed to Pckin. will on will Tarred and Feathered. Linton, N. I). J. Hlernian of Stras burg, N. D., was tarred nnd feathered and about to be hanged when he was rescued by the sheriff. Hierman Is accused of attempting to attack a 9-year-old girl. Iowa Officials Raid Diner. Des Moines, la. County Attorney R. C. Howard nnd Sheriff Tom Can Held raided the Chicago, Milwaukee & St. Paul diner at Chundan Friday and on n search warrant seized two kegs of beer, one barrel of wine and a quantity of whiskey. Conductor Sain Snow of the diner was arrested undtir the new law, which prohibits drinking on trains in Iowa. Seventy-five sam ples of wet goods purchased on diners will be used as evidence in the suit to be started nt once by the county attorney. NEBRASKA NEWS AND NOTES. Items of Interest Taken From Here and There Over the State. For the first time in its history Wol ba'ii, Greeley county, has gono dry by a majority of fifteen votes. The large farm house on the farm of George Smith, six miles southwest of Stella burned, the loss being $4,000. Mrs. Augusta Krlckson, six miles south of Holstein, suicided by drink ing carbolic acid. No cause is given. Hundreds of acres of alfalfa will be growu in the vicinity of Sutherland the coming year. A. D. Hurr, deputy clerk of the dis. trict court of Lancaster county, died from ptomaine poisoning, caused by eating cheese. Frank How land, who, two years ago, forged checks in Tocumseh, lias been apprehended at Falls City and will bo taken back to answer before the courts. The farm of ItiO acres owned by the Cloud estate and located three miles northeast of Reatiice, was sold last week to John Harnard for $112.50 an acre. Thieves stole thirteen horses lu Holt county and sold them at Ord. The animals were replevied, but the thieves got nway. William Ladd Is suing the Lincolu Traction company for $10,000 dam ages for injuries sustained, being struck by a street car of the defend ant. For the first time in eleven years Kearney will submit to a liquor drouth as a result of the recent election. The temperance people are jubilant over the outcome. Miss Luclle Hates, a daughter of Colonel M. A. Hates and wife in Platts inouth, has been appointed by the gov ernor to a position with a $l,noo a year salary. One thousand trees have been planted along the Union Pacific track between Kearney and the cotton mill west of town. Kim and bull pine are the varieties used. Frank Riechow. a farmer living southeast of Norfolk is in jail at Stan ton for shooting his neighbor. Otto Hernstrong. Hernstrong received two shots in the face, though they did not penetrate deeply. W. H. Wlleott of Sutherland, aged 71, was taken to Omaha for amputa tion of one oT his legs. Over fifty years ago a ruuning sore started as a result of a burn, and he has suffered greatly down through the years. M. W. Hurger has inaugurated 'a movement to organize a farmers' ele vator company at Crab Orchard, in Johnson county. The object is to buy or build a fanners' elevator at that point. Peter Hackes, an inmate of St. Jo seph's Home Cor the Aged at West Point, died of senile debility in that institution. The deceased was for many years a respected citizen of West Point. The property, franchise nnd every thing belonging to the Citizens' das company of Nebraska City were sold by a special master in chancery to Frank II. drover and Christy C. Loser of Chicago, who represented the bond holders. The price paid was $(1,000, Polk county is on the water wagon. Saloons were knocked out at Shelby, Osceola and Stroinburg, and Osceola went the others one better, for pool nnd billiard halls are bnnned. Osoe olans will have to travel sixteen miles to Central City to get a drink. The faculty and students of the Peru Normal are very much pleased over the $10,000 appropriation for an administration building. To show their appreciation to the legislature they decided to hold a jollification. New towns along the North Platto are springing up like mushrooms along the new Union Pacific extension to North port. The Union Pacific has re sumed track laying along this route nnd the rails will soon he down as far as North port. The body of G. T. Stains, one of the early residents of Humboldt nnd vi cinity, was brought from Salt Lake City, where he died, nnd interment made at the ct-metery near Morrill, Kas., just across the Nebraska line, whore his wife was buried nine years ago. The dates have been fixed for the next annual convention of the Ne braska Travelers' association for Aug. (I and 7 in Grand Island. On the 7th the local U. C. T. will have Its annual picnic at St himmer's lake, as a fea t in o of the entertainment exercises. Mrs. Dick Steinbeck of Hall county, widow of a farmer who passed away about a year ago in n temporary aber ration of mind, wandered nway fronr the home of relatives during the night and was not found until twelve hours later, when the deputy sheriff discov ered the woman in the underbrush along Wood river, She had suffered greatly from exposure. Gotleih llott, who lived sixteen miles north or Chappell, and was about 7a years old, had been sick for some time, and his daughter, Mrs. George Poole, thinking he would get better care by taking him lo n hospital in Omaha, started to bring the old gen tleman to town to take the train. When about half way to town be died. At Xellgh Jess Klnman was sen tenced to the penitentiary for ten years tor at tempted outrage or a 6-year-old girl. Leo Calvin was arrested In Central City, for absconding from Cannon City, Colorado, with public funds, lie will be taken back for trial. Mrs. Doty nnd her two sons, who live south or Cody, were arrested nnd brought to Valentine charged with arson. It Is charged they set fire to a barn which was totally destroyed and a horse, wagon und harness, to gether with several hundred bushels of grain. NEBRASKA'S GAP TAL MATTERS OF INTEREST ORIGI NATING AT LINCOLN. REFUSAL OF ROSE TO CONCUR A Dissenting Opinion From Member of Supreme Court in the Led with Mandamus Suit. Judge W. B. Rose of the supremo court lias filed a dissenting opinion in the case wherein John J. l.edwlth brought a suit for mandamus against the state treasurer to compel him to sign a warrant for $:)' for services he rendered as an instructor in the uni versity and to compel him to credit the university with the sum of $IMv 017.90. In his opinion, in which a majority of the court concurred, Judge C. H. Lofton granted a mandamus to compel the state treasurer to countersign the warrant, but t he relief for the credit item was not granted. In the same opinion the court also hold that the "proceeds of the I null levy" meant the entire l-mlll levy. It was held also that the proceeds arising from the Investment of the permanent uni versity fund and the fund donated by the general regents without the legis lature appropriating the same bienni ally. In his conclusion Judge l.etton said : "As to the details regarding the funds involved we are not fully ad vised, but enough appears to justify us in requiring the respondent to coun tersign the warrant presented by the relator." Judge Rose takes exceptions to this statement on the pan of Judge l.etton. He said: "If there is an unexpended appro priation out of which the state treas urer may lawfully pay the wirrant for $:'.."), I am of the opinion relator should be required, as a condition of relief, to describe it in definite and precise terms, especially under a constitution providing that "each legislature shall make appropriations for the expenses of the government, until the rxpir.i tion of the first fiscal quarter after the adojurniuent of the next regular session," and that "no money shall be drawn from the treasury except in pursuance of a specific appropriation made by law. Wle-n these provisions of the ((institution are respected, there is never any mistake or uncertainty about the identity of any appropria tion or the amount of any unnexpend ed balance in any fund in the state treasury." New State Fair Building. The hoard of managers of the Ne braska state fair met at the stale house and took action toward the erec tion of one-half of the new stock coli seum. Tliis building is to lie similar to the stock coliseums in the Minne sota. Indiana and Kentucky fair grounds, and is to have a ring J2o by 270 feet. Around the ring will be placed the seats, which will accom modate over 4.0IMI people. The build ing, when completed, will be 200 feet wide by ;,;) feet long, and will be constructed of steel, brick, nnd con crete. The complete cost w ill be $!l."i, (loo, but it is the intention of the board to only erect half of it for t ho pres ent, and when a later appropriation is received to have it completed. The action of the board regarding the new building will be referred to the board of public lands and buildings, as that board has charge of the disbursement of the appropriation. As soon as the hoard of public lands and buildings gives Its approval the woik on the new building will be started, and It in expected (hat this will be in a short time. It is the intention to have it completed, or at least in such a state that it can be used by next fall at fair time. On the Covcrnor's Staff. Governor Shallenberger sent a com mission to the general freight agent of the Hurlington railroad west of the Missouri river, making him a colonel on his staff. The appointment Is to fill the vacancy caused by the resignation of Colonel Fanning, accepted by the governor. The Saloon Closing Law. letters are still coining to the gov ernor In bunches in regard to the S o'clock closing law, nnd some of them have unique features. A letter was received from a guard at the Lincoln insane asylum. The guard staled that during the beat of the excitement he went into the dipsomaniac ward and took n straw vote; among the inmates. Hy a vote or 2 to I. they declared in favor of the governor's action. J. F. Swain. Ilarrishurjt. Neb., wrote that before the governor hail signed the hill he had bet with a friend. 2 copper cents, that the governor would r-ign It. After the cents were paid to him he bad t hem made Into a fob, will) a compass attached, and sent the fid) to the governor as a memento of the occasion. The Fruit Outlook. "We will have an abundance of fruit." said ox -Congressman Pollard while here on business from his homo nt Neliawka. "If we had ordered the rpiing ourselves it could not have boon better from the standpoint of ihu fruit man. The cold weather has kept the apples back and it will be two weeks nt least even with warm wrath T,for them to bud out. Hy that time Hie cold weather will have been passed and there will be little danger. I have been told th" peaches have been damaged, but ours are not." AUDITOR TO ENFORCE LAW. Begins General Insurance Campaign In Nebraska. State Av. litor Harton has started out to make every insurance company doing business in Nebraska either con form to the law and the requirements of his office or quit business. To a number of companies Mr. Bar ton has written letters calling atten tion to their weak points and giving instruction for these matters to be cor rected or he will at once proceed to put the companies out of business. The action of the auditor has stirred up quite a rumpus among several of the companies and one company wrote the auditor a lengthy letter telling wiiat It intended to do In the way of reform. This was answered by Mr. Harton with luo statement that prom ises did not go and that the evils must be corroded by May 1 or pro ceedings would be instituted. Hetween now and July the auditor will issue his order prohibiting any company from printing on its policies the statement that the same is guar anteed by the state. A bin which waa introduced in the legislature attempted to prevent, this, but it failed or pas sage. The bill gave the companies until January 1. 11110, to conform to the new rule and get rid of their pres ent literature. The auditor win make his ruling in conformity with that bill, which v. as killed by the insurance lobby. Experiment With Sugar Beets. Nebraska will very shortly begin to experiment with sugar befls, the board or public lands and buildings at the earnest solicitation or Governor Shallenberger having signed a con tract to cultivate inn acres of beets, to be sold to a contracting firm. The state wilt be out about $3oo for the seed to start with. The governor an ticipated it would require about eigh teen convicts to attend to the culti vation of i ne beets. On paper the governor lias figured an immense pro tit to the stale. Warden Smith, how ever, is verv much opposed to the ex periment and he is satisfied the state will lose money. In the first place private parties have failed to make money out of the sugar beet business and several factories in Nebraska have been shut down. The convicts, mem bers of the board believe, are not capable of working the beets success fully and nelieve that there are too many risks for the state to enter Into the business. Chance to Test New Law. An opportunity is at hand to test the alidity of the act of the late leg islature to charge $50 for listing with the secretary of state the resident agent of foreign corporations. Here tofore i his charge has been nominal, .".0 cents, but the late legislature in creased the fee to $."iii. So far one in corporation lias paid the increased fee. An electrical company of Omaha sent down the name of its agent, who takes tin; place of its retiring agent, and the company failed to send the necessary $.ri0 fee. The company lias been noti fied of the change in the law, and the listing of its new agent is held up pending the receipt of the $50. Valuation Law Includes Street Lines. If the street railways of Omaha am' Lincoln have an idea that Senator Ransom saved them from the opera tions of the physical valuation bill when he saved the bacon of the stock yards, they have another guess com-, ing. Under a ruling of the state rail way commission the bill applies to street railways. The commission bases its construction on this section: "Sec. 2. The term public service corporation w hen used in this act shall mean and embrace every railroad, railway, telegraph, express, telephone and the railroad transportation prop erty of stock yard companies." Experts Open the Vault. The vault in the governor's office was broken open, men drilling holes in the steel combination lock and forc ing the door, then proceedings were stopped, all being by order of the governor. The vault has been used for storing the janitor's Implements of warfare on dirt and oilier supplies of no great value. Some one turned the combination nnd the vault was locked. No one knew the combination nnd ex ports had to lie sent for. Co After Delinquents. A campaign against all delinquent taxpayers win be started by County Treasurer Perry, as soon as the rou tine work or the office for the next month has been handled. Mr. Horry says (hat his plans are so complete that he will begin issuing distress war rants against all the responsible de linquents who have paid no attention to (lie notices that have been sent them. Mr. Horry declares that he will clean up all the delinquent taxes that are collectable before he goes out of oflice. Total amounts to $50,00o. Bankc Incorporated. Articles of Incorporation for the new stale banks were filed with the bank ing department. These two make six teen since February 2J, or twenty four since the first of the year. Seward Bonds Missing. The owners of $10,d00 Seward coun ty court house bonds are trying to get the state auditor to record duplicate bonds because this little batch can not be located. The bonds were kept. In a bank, but somehow they cannot be found, so Attorney Gary and the county attorney of Seward county told nt (he state house at n recent visit here. The lawyers said the ow ners of the bonds were willing to put up Be curity that the county would suffer no losn were the bonds duplicated. The auditor has made no decision.