Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 17, 1913, Image 3

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    iui'j Imjlj. li.tlAlla, j UiiUl, JEJUNI Altl L, l.'lo.
Silk Hat Harry S Divorce Suit----S-h4i-hEven the WaUs Have Ears
Copyright, 1913, National News Association
Drawn for The Bee By Tad
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Nebraska
GUARANTY FUND SUFFICIENT
Supreme Court Deoides in Favor of
Bank of Piokrell.
NO NEED OF SEPARATE BOND
Blt'lir Muni Srrvr Out IU Term for
MnnalnttKlltrr In ChuIiik Drnth
of Stnthon, XVlut Died
' of Frrrclnir
Nebraska
: !
(From a Staff Correaiiorutbnt.)
IiLNCOI,N. Jn. 16.-(Spcolal.)-The su
in etna court this afternoon handed down
opinions In about thirty canes. The case
of the Farmers State hank of Plckrell,
In which tlio tank nought to compel the.
ttiunty trcajiUrer of Gago county to de
posit with tho baiik'tt pro rata aluire of
tho county's fundK without the necessity
of putting up .special bond to cover tho-
, deporlt. was decided In favor of the bank. ,
I ho opinion of .Attorney General Martin j
was that the tdnte guaranty law was suf-;
flclent (o cover all risk where state or ,
county fund wcro deposited, the supreme
court upholdlnc tho opinion of the attor
aty general,
Mtehr Denied Xfw Trlnl.
'Inn district oourt of Madison county
wa upheld In Its dpcislon In tho VUehr
ma.nslai)Bhtcr cufie, In which Henry Stehr
was convlrtcd of bf.lnp; responsible for
the death of his stepson, who was suf-U-rlng
from frotcn feet, Stehr refusing
to oall in a physician until the reft ot
tho boy had nearly rotted away froi
panKiene. Application was made to the'
hlKhei court for a new .trial, which is
denied. ' Xl
I'nttrrmon l,unc Cnar.
b'am l'atteraon, who was appointed sec
retary of the State Banking buurd, but
dld not fervo because of a decision if
thc federal court declaring the law under
M hlch ho was appointed unconstltutlona',
ifuill not draw tho S,000 which he
.thought he otitrht to have, according: to a
decision, of tlie court. The court opinion
ls that where a tlefacto ortlcer performs
tho duties of the office and draws thi
..alary appropriated for that office, that
a claimant of the office who has per
formed none of the duties therrof cannot
have any right to the salary.
Ilnnk Wlim Gunrnnty CniieY
The case of the Farmers and Mer
chants' bank of Oakland, wherein an at
tempt was made to compel the bank tD
'pay into tho guaranty fund an assess
ment between tho time It naturalized un
der the guarantee law ami the time tho
law wan held up In the court, was de
cided In favor of the -bank, the court be
lli? of the opinion that no claim could
tr made during' that period for any as
ttssmcnt under the guarantee law.
I'rliice I.oc.
Prince, th negro slayer of Deputy
Warden Davis at the penitentiary laat
winter', will have to meet the penalty of
his act on March 21, the court deciding
ugalnst a new trial,
Methodist College
Presidents Meet in
University Place
UNlVERfllTT PIMCB, Xeb.. Jan. IS.
(Special,) Tho annual meeting of theJ
Association of Methodist College Presi
dents convened here yesterday morning.
About fifty are In attendance, represent
ing schools from the Atlantic to the Pa
cific. At Wesleyan convocation yester
day morning the vlultors were intro
duced by Chancellor Fulmor, who Is sec
retary of tho association. Dean Blnnoy
of Boston Theological seminary .and Dr.
Fish of Northwestern, spoke briefly. At
6 o'clock dinner was served by the Uni
versity Place Commercial club. At S
o'clock addresses were delivered In the
Wesleyan auditorium by Chancellor
Bradford of the Methodist University of
Oklahoma nnd .Bishop Hendirson of
Chattanooga, Tenn. Bishop Henderson,
also spoke at the chape! exercises this
tnornlng. The sessions will continue un
til Friday evening.
AIvELLEY SHIRT
SALE is a sebii-an-
nual GVGin, not a
daily occmTcuco. This is
our si?vth serai-aununl sale,
and we want to impress
upon you emphatically
that the values arc the
best we have ever offered.
Now Men,
Don't Wait
until the choice ones aro
all gone. Come in at once
and make your selections.
Pleated or negligee, flan
nel with or without collars
to match B. & W., Ideal
and othor famous brands.
$1.50 Shirts,
at
90c
$135
$2 and $2.50
Shirts
$y, $3.50 and fC
U Shirts
Tom Kelley Co.
315 South 16th Street.
This sale strictly cash.
NEWS NOTES OF SEWARD
AND OF SEWARD COUNTY
SMWAltD, Neb., Jan. l6.-(Speclal.)-A
flag raising will be held next Bunday
night at tho Methodist Episcopal church
with a patriotic address by Goorge W.
Berge of Lincoln,
D. C. .Works mall wagon caught tiro
from tho stove one of the cold days last
week and ho had great trouble putting
out the blaze.
Harry Braaiey has again received the
appointment as Janitor at the state Jiouso
during the session of the legislature.
Ward Mount has resigned his position
as city clerk and bookkeeper for the citv
nnd will leave about February 1 for Syra
cusc, X. T., where he will manage a tt&m
for his father. '
Anchor lodge No. IS. Ancient Order 1 1
United Workmen, and Degree of Horior
lodge No. 66 will Install officers jointly
on Friday night, January
Joseph noussellc returned from France
last Friday with thirteen head of horses,
eight of which are stallions and five
marcs.
The Farm Management association,
which was formed on Saturday, January
4, and adjourned until last Saturday to
enable the vice presidents of the associa
tion to solicit members, met last Satur
day to hear reports from the vice presi
dent's. Many new members were added
to the organization. There seems to be
no doubt that Seward county will get a
farm demonstrator this year, the govern
ment paying H.20O of the salary and ths
association the balance.
The new county board met yesterday
and organized for the ensuing year. Oscar
Crake was elected chairman and named
his committee. Dr. Muir waa appolntod
county physician, Hugh Logan Janitor,
A. A. McCallp manager of the poor farm
and the Independent-Democrat, Blade and
the Farmers Journal were selected to
publish the board proceedings and de
llnquent tax list.
V n Petto otfuy Hfi one 3tjtfr
HOO WWRK ON THE MILK I
rnntH. cy hd -ivrtve
BEB N flhhtfOUSf to oer n
nT OUR Bid TUILtir1G&.
SniD CV.' vTT OOTTEB OfT
Me ONS OF7WfM THftR CIT
oyjDcs to sihtow ne
rtRpVN' THIS HEftC TOWH,
b'go&h cv JB.Levovexro
PiHr-TXJRNCD TO THE FfRSj
&Tecxs and 7?snr out:
'IF VOUtS UNCLE HeNRY vW3
TflKNO &LEEP WP9TMR& "NO
GOSH,
CAN'T DOPE
OUT AM IDEA
int ty. rs ft
let me see
AIOVX), UrTME
SEC T
GENTLE MCti Be ZCftVeT?
TnmOO -MfSTflH ZXXirtSrOH, DtO
vov know THeynLLOvteo
mrzc-FiGHTtrKr fxr J3sr
METROT'OLITrtN OPCPfl NOUSfP
INTERL OCUTOR ' VW XJOrtV S-rV
TMrtTJ VC WTO MS.
WMBO-VF5StX WI.Le
RITCHIE flfVr MINE GlBBOtJQ
HAD n BOX fT Oe OPfRA
las' Night
Offer oy SsPlDER GEOGHE&nrt
KNTITLE-XJ; "TIB BEST Wfi RRT
lenfi wrtsrv vot Bee in to
THROW THINGS"
IS oo
1
JUST A WNufer
rr1
MmtiaEU frig Mexvcflrf; -aurw
into town, got n License TO
cll ot the sTRcercortriertsim
vtHCN rtroHT Cnw he iwanfitro
in a ouev&y with nN oil torch
LI0HTIN6 THE GC6NC nND ft
OrtNJO WTITTO 0WSRTe
CTOWP. WHTrt TMTV WK
f3SCM&LG& He HOVtLEO'
YlHriT OSNTLENtftN WILL OUf
OOLt FOR ) XXM.LfiR
one oe NMNveL mieN09
BOUOHT ONE
cowr irwfls Genuine, tr m
ninuree MnNuet. &OL&OUT Ario
Eer it, irtsi&e mnc?trrtKH
WYIO fl fllfKr miT tK ff-IX
-1 emvycR bioter. Hrvc
xau, ttrfw jwvi .
VOli.l. SEE
X Kt II aim
M THE GINK.
PUT THE IHK IM 1
THlMk.7
WHO JJU
JOHN SMITH, OLDEST MAN
IN IDA C0UNTY. IS DEAD
IDA finOVK, la., Jan. 16.-(Spcclal.)-James
Smith, aged !.', the oldest man In
Ida county and tho head of four genera
tions, died hero of old age, Mr. 8mlth
wan born In Ireland In 1SA, was married
there In 1850 to Mary ailllgan nnd In
l&Vt thrv ennin to Ajnei-ica. locating In
rVwtes county, New York. They came
west to Clinton county, Iowa, in TfX,
lived there thirty years and In 18t)l moved
to Ida Grove. Mrs. Smith died In 1011, a
few wtieks after they had celebrated
thdr sixty-first wedding anniversary.
Tho surviving children are Mrs. Emma.
Crowley, Mrs. Mary I'erlon. Joseph J.
Binlth and Mrs Margaret Hopklin, all
of Ida Grow, nnd Frank J. Smith ot
Sioux City.
BURNS SOCIETY ISSUES
850 INVITATIONS TO FEAST
IDA GHOV12, ln7.Jan. 16.-(Spcclal.)-The
Bobby Burns Hocloty of Ida Grove,
famous for its hospitality and Its annual
celebration of tho birthday of llobeit
Burns, has Issued 850 invitations for the
coming Burns' banquet and festival
January 24. Jamlp Shepherd. Chicago's
Harry Lauder, und Dan Barr ot Slum
City will bo on tho program nnd many
other prominent!) will take part. Over
l.KW attended the festival last year and It
was the biggest event of tho sort held In
tho state.
MONEY NEEDED TO CARRY
ON PURE SEED CAMPAIGN
INSPECTORS MAKE VISIT
TO NORTH BEND SCHOOLS
NORTH BEND, Neb., Jan. 16.-(6pecinl.)
The County Board ot Supervisors was
In town yesterday to Inspect the land
north of town which Is to be ditched this
spring for drainage. Thu ditches will run
eastward and drain Into the main ditch,
thence Into the Platte river west of Fre
mont. Hundreds of acreB of land too wet
for successful farming will thereby b-;
vastly Improved,
State Inspector ofSchools Gregory was
here recently Inspecting the work of th$
Normal training class. The inspector of
high schools, Prof. Voss of tho State uni
verslty, was here Monday looking Into
the work of that department. No criti
cisms were made and only a few minor
suggestions given.
The second span of the steel bridge be
ing constructed over the Platte river here
Will be completed this week. The pll4
drlvlns outfit has been removed to Fre
mont. The new Methodist church will be ready
for dedication early In February,
Miss Mabel Thorn has returned from a
visit to Omaha and Bellevue college.
Mrs. C. V. Kelly, who was called to
Pennsylvania by the death of her father,
Js expected home Friday or Saturday.
The Modern Woodmen of America lodge
of this city held the annual Installation
and banquet Tuesday evening,
Carl Kern of this vicinity has had an
other operation on his limb at the Clark
son hospital In Omaha.
Mrs. Arthur Grier, living northwest ot
town, died suddenly Tuesday. She leaves
five children In the care of their father.
Funeral services and burial took place
Wednesday,
Knlrbarv Order Baud Kleetloii.
FAIRBUnr, Neb., Jan IS. (Sped aJ.)
The City .School bord of Falrlmry has
Issued a call for a special election to be
held In this city Tuesday. February 4,
for the purpose of voting on the matter
cf issuing 513,000 bonds to purchase the
hospital building In tbe northeast part
of the city- Provided the proposition Is
ratified at the election, it is the Inten
tion to convert the hospital into a school
ward by remodeling the building and
taking out the partitions.
(From n Staff Correspondent.)
MNCOL.X. Jan. lG.-(Sp clnl.)-Notwlth-standlng
the Importance of having pure
seed in an agricultural state like Ne
braska, the legislature of two years ago
neglected to appropriate, any funds for
parrying out the provision of the law.
This year, according to Pure Food Com
missioner Htinren, there is quite an ac
cumulation of cash in tho stock, food ac
count, which tho attorney general has
decided can bo used for the purpose of
helping In securing good teed for tho
farmers. Mr. Hansen has taken the mat
ter up with Governor Morehead nnd ho
hopes thaf ithe legislature, when Its at
tentlon la called to the Importance of tho
law, will muko omo provision wherein
the (Jepsrtment over which Mr. Hnncon
presides will be able to do a great deal
or good in placing before tho people ot
the state pure nnd good seed for the
spring planting.
On January 14 A. A. McKIni ot Gothen
burg was bound orer to the district court
for the sale of Intoxicating liquor, "Bar-
iL-y Brau," without a license.
On Jnnuary 15 F. J. Thorpe of Winner
was bound over to the district court for
the manipulation of cream lefts.
MADISON C0UNTYREFUSES
PRISONERS FROM NORFOLK
RECEPTION FOR GOVERNOR
Thousands of Iowa People Welcome
Their Executive.
CONTESTS TO COME UP LATER
MADISON, Neb., Jan. 16.-(Speclat.)
Constable A. W. Finkhouse ot Norfolk
brought two crutwhllo colored men to
Madison this afternoon for commitment
in the county's bastllo for thirty days to
be fed and lodged at the county's 'ex
pense. These follows were arraigned be
fore Police Judge E4sclcy of Norfolk for
assaulting an Inmate of a Norfolk resort
Jn violation of tho city's ordinances.
When the mattcrrwus called to tho at
tention of County Attorney Koenlgsteln
this afternoon he promptly Instructed the
county Jailer to refuse to receive them
and ordered Constable Finkhouse to talto
his prisoners back to Norfolk and turn
them over to the authorities to lay out
the thirty-day Jail sentence In the Norfolk
city Jail.
SUGGESTS THAT BOARD OF
-CONTROL SERVE GRATIS
BEATTU.CE, Neb., Jan. 16.-(8peclal.)
Ex-Senator Peter Jansen of this city
has written an open letter to Governor
Morehead and the legislature suggesting
that no salary bo provided for members
of the state board of control, and that
men be appointed who will serve as a
patrlotio duty, He further suggests that
D. W. Cook of Beatrice be chosen as ono
of the members of the board. He urges
that the salary be eliminated altogether,
and that members be allowed only their
traveling expenses.
Nfir Blork at Ttr-tt Clond Occupied.
BED CI-OUD, Neb.. Jan. 16.-(8peclal.)
An organization of the Young Men'a
Christian association waa perfected hero
last night, A fund of $1,246 was raised,
which pays the rent of a building for
three yeara and provides equipment. The
event waa celebrated by a big open, meet
ing, the program consisting ot addresses,
music and games. Over 100 members
have been secured and the new organiza
tion starts out with every Indication of
FUCCCM.
The four new two-story buslnees houses
have been completed and are now oc
cupied. These buildings are, all modern
In every respect and materially Increase
the good appearance ot Webster street
The room on the corner Is occupied by
the Orlce Drug rompany, over which
the Chamber of Commerce will be In
stalled The other stores are occupied
by M. A. Albright, ceneral merchandise;
Frank Smith, shoo store, and Weeaner &
Perry, genera! merchandUe.
Flrnt mil Introdnceil In Jirnnte One
to linnet Illue Sky I.nvr and
Second for Frisco llximal
tlon Appropriation.
(From a Staff Correspondent.)
"DI3S MOINKS, Jan. lS.-(Speclol Tele
gram.) A brilliant reception at the state
home, attended by thousands ot Iowa,
people, closed the ceremonies today of tho
Inauguration of tho governor.
Tho content committed ot both senato
and house orgnnlzcd to take cure of tho
three senato nnd two house contests. Tho
understanding Is that tho contest from
Sioux City will bo dismissed, but It has
not yet been done. The other contests
will bo taken up the latter part ot next
week and tho ballots trill bo examined.
Upon taking his chair as presiding of
ficer of tho sennte this afternoon, Presi
dent Harding paid high compliment to his
predecessor, who has Just been made gov
ernor, and Indorsed the words of tho in
augural address.
The first bill Introduced was by Thomas
to enact a "blue sky" law and tho second
to provide for Iowa to be represented i.t
San Francisco and appropriating $175,000
therefor. Clarkson Introduced a bill for
a workmen's compensation act. Other
bills aro for the Oregon plan of electing
senators; to provide for war on hog
cholera; to change the law a 'to board
ing prisoners.
Beam offered a resolution looking to
amending the United States-constitution
In regard to electing senators.
PnlntN In (ioTfrnor'K Meaairr.
Governor Clark In his address made
tho following recommendations;
Pasiago of workmen's compensation
State aid and co-operation with smaller
cities In their efforts to control nnd regu
late public service corporations.
Creation of permanent state highway
commission composed of expert roud
builders and office of county engineer.
Improved methods of county manage
ment and apportionment of business man
ager for each county.
I,aw to prevent trafficking In state
offices.
The short ballot
Further consolidation of rural Bchools
and establishment of rural high schools
that can be used aa social centers.
Abolition of office of school treasurer.
Revision of statutes relating to public
health and larger opportunities for State
Board of Health.
Investigation of ravages of hog cholera.
Abolition of contract labor system In
penitentiaries and payment to convicts
of portion of their earnings.
Classification and segregation of crim
inals and outdoor work as far as possible.
presidential primary election.
Votes for women.
Reforms In court procedure that will
eliminate needless delay and reduce cost
of litigation.
Creation of courts of conciliation for
voluntary settlement of business misun
derstanding. ,
Majority verdicts in civil cases.
Law prohibiting now trials except on
errors of procedure that substantially
affect tho rights of party at Interest.
New system of taxation that will not
place Industries of state at disadvantage.
Bluo' sky law similar to Kansas statute.
Enlargement of capltol grounds.
Strengthening of weed law.
Court DrcUloiiB.
Judge Gaynor filed the fit at written
opinion from him on the supreme bench.
It was in the caso of the state against
Major Waltz, from Story county, wherein
the defendant was sentenced to five years
for mutilating one of the depots of the
Northwestern railroad. The sentence woa
reduced to six months In Jail.
Court decisions .today:
Florence Layton. aDDellalit. against In
terstate Business Men's Accident asso
ciation, Unn county; affirmed.
Mary Johnson against Wllllnm K.
Foust, appellant, Benton county, modified
and remanded.
State uiralnst Major Waltz, appellant.
Story count) ; modified and affirmed.
Charles 11. Mitcneii. against wuiiani
Graver, appellant, Cedar county; af
f limed.
Equal HnCfraitUtK Aro Ituay.
The work for a constitutional amend
ment for equal suffnigo commenced today
in tho legislature. The executive com
mltteo of tho state association delegated
Dr. Nina Dowoy ot this cltM to tukocaro
of the legislature, and heS commenced
work at once. Innsmuch as tho platforms
of nil ths parties In Iowa referred lit
friendly spirit to the ciunl Bufftagn mut
ter the r lien Js anticipate no ti.ouble, In
getting a resolution through tho legisla
ture. SttKcIiIiib- C'hnrKeH Reduced.
Tho State Railroad . commission today
made on order in tho long pending switch
ing case, reducing switching ohurKcfl In
tho principal cities ot the stnto and set
ting a precedent. A statement from tho
commission 1h as follows:
"At the present time the prevailing in
dustrial switching chnrgo Is 1 cent per 100
pounds, with a minimum of 00,000 pounds,
or $5 a car. Tho commlnnlon has ordered
these charges to bo reduced to cent
per 100 pounds, making a reduction ot 23
per oont on this rato at those cities which
aro complainants In UiIb case. The com
mission has ulso reduced tho minimum
for all hauls loss than three miles In
length from $5 to $4 a cor. For hauls over
three miles In length tho minimum Is
$5 to fl a car. For hauls over three miles
In length the minimum is $5 a oar as
before. No order Ib made as to connect
ing lino switching. Tho carriers are most
vitally concerned in this. This teprcsents
the cbargo ono carrier makes ot another
and these charges aro almont Invariably
absorbed In the regular frchjht charged
between points. Consequently, thoso, who
are really concerned In this charge nro
the carriers and thcro are no curriors be
foro tho commission complaining about
this rate. (
This decision of tho board, as tho
opinion states, grows out of a pctitloh
brought by the State Manufacturers' as
sociation, through Its secretary, O, A,
Wrightman. The action Is brought under
the law passed by.tho lust scsslop of tro
state legislature "granting authority to
the commission to dcflna an Industrial
vicinity and to establish switching
rates. Similar orders aro made In two
other casos pending before the com
mission, ono being brought by tbo Clin
ton Shippers' and Manufacturers' asso
ciation and the other by the Cedar Rapids
Commercial olub. .
These cases were submitted July 10, 1912,
The commission lias conducted quite an
extended Investlatlon of switching rates
In Iowa and neighboring states at the
present time through the tariff files In
the offices of the commission: also Vor
several years past through the flies of
the carriers at Chicago, and of tlia In
terstate Commerce commission at Wash
ington. Once before, in 18M, the commis
sion attempted to order an Industrial
switching rate and was reversed by thu
supreme court. Three years ago tho Illi
nois commission attempted to prescribe
industrial switching charges and was en
joined by the federal court at Chicago.
' Ida Grove Wlim Helinle.
IDA GROVE, la., Jan. M.-(8peclal,)
In the Interscholastlc debate here be
tween the high schools of Ida Grove and
Whiting, the unanimous decision of the
Judges was for Ida Grove. The question
was: "Resolved, That tho United States
should adopt a system ot ship subsidies."
The Korty"Vwr Test,
An article must have exceptional merit
to survive for a period ot forty years.
Chamberlain's Cough Remedy was first
offered to the publlo In 1S72. From a small
beginning It has grown tn favor and
popularity until, It has attained a world
wide reputation. Tou will find nothing
better for a cough or cold. Try It and
you will understand why It Is a favorite
after a period of more' than forty years,
If not only givea relief-It cures. For sale
by all dealers. Advertisement.
.nlen from Olenvrood.
GliENWOOD, Ia Jan. 16.-(speclnl,)-Thrt
Council Bluffs Cubs defeated tho
Glenwood High school basket ball team
In two games played 011 succcBsJve even
ings at Glcnwood. The scoro ot the first
gamo was 00-13; the second, 32-20.
Tho Glcnwood Commercial club at its
nuniinl meeting held last evening elected
the following officers for 1913: President,
F. Q. Day; vice president, J. W. Murphy;
treasurer, V, J. Wallace; secretary,
George Haley.
The second annual exhibit ot the Mills
County Toultry and Pet Slock associa
tion was held in Glenwood on January
14 to IS. Adam Thompson was scoring
Judge.
Arm Broken In Four 1'lneen.
IDA GROVE, la., Jan, 3().-(Speclal.)-
John Nlckelson, manager of tho Shotwoll
popcorn elevator In Arthur, tho largest
popoorn plant in tho world, was terribly
Injured in an accident at the plant. He
was down in the pit attending to some
dotall of tho machinery, when In some
manner his arm was caught between the
conveyor belt und the pulley und wa
terribly mangled. The arm was broken
In four plncoB. It Is a question whether
or not his arm can bo saved.
A big snap in price
many of our finoSl Ken
sington auits and overcoats
at 1-3 off.
Our general Clearance
sale left many broken lines
where but one or two gar
ments of a kind remain.
All sizes and styles are
represented; suits and over
coats as desirable to you
as any in the store the
entire splendid assortment
for quick clearance:
$17.C0 ... ' $11.34
$20.00 ( a""8 J $13.34
$25.00fn . $16.67
$30.00) Ovtrcaat8$20.00
$35.00 Overcoats $23.34
Special sale ot Manhat
tan shirts (the best known
known as the best)
our stack qf them is the
newest and cleanest in
Omaha make your selec
tions at once!
HACEE fc BEENEK
413 So.- ISth.
Clethea Hats Furnishings
-rWftHltlftXsyi
Split
arlNh.
illK-1444BBBBBBliJ
Imagination-
could not conceive of
more perfect brew or
sensation so exauisite at
lasting. It is an inspira
tion to sociability. Its taste
is still its point of excel
lence because
It is famous for its snappy
Order from
LERCH & VAN SANDT
DUtrihutQT
311 South 17th St, Omaha, Neb.
Phonttt Doutlat 3tS3-A-1679