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title: 'The times dispatch. (Richmond, Va.) 1903-1914, February 05, 1913, Page 9, Image 9',
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HIGH POINT CASE
Court of Appeals Reverses
Greensboro District Court
in $50,000 Litigation.
LEGAL FIGHT OVER ASSETS
< >|>ini<?ii Favors Claim of E. A.
Snow, J. EL Kirknian and
J. H. \lilli-.
I A Snow, J. K. Kirkman and J. II
Millls. ofllcera and director* of the
! 'agle Furniture Company, of High
I'oint. It C? are the winners In an Im
peetsjsjl opinion handed down yester?
day by the Fnited States Circuit Court
i/l .wppeals, reversing- tlie Judgment of
the I'nited States f'lstrh-t Court at
Greensboro The litigation grows out
of UM failure of the furniture com
I'.my and a dispute between parties
to the bankruptcy proceedings with
regard to the division of the assets.
From the record it appears that
"A. H. Hagau, of High I'oint. one of
the ineorporators of the Kagle Furni?
ture Company, was for some lime ac?
tive manager of the concern, and was
Inter suecee.ied in that position by his
Sou, Charles itagan In lsor. the cum
|.-nv's plant was partially destroyed 1
ir. lire W. II. Kasan, prior to 1907,
1 :.?! borrowed sjfl his individual in- ,
doisement from the Wachovia Loan
ind Trust Company, of High I'oint.
shout |XI "'"I with which to carry on
lit- business of the Kagle Furniture
Heeks Jolat ledorsemeat.
In ItPI W. H Isjm represents!
to K. A. Snow. .1 at: Kirkman and J. H.
Hil'ls. directors of me company, that
It was not fair that he bear the
burden of the loans alone, and asked
that they become Joint indorsee with
him upon the paper held by the Wa- .
i hovia Loan and Trust Company. They j
declined to assume the liability with- j
out adequate security
As a com promise, it was decided to I
issue t&o.O'io in bonds, secured by deed
Of trust on the concern, to be deposited
as surety for the Joint Indorsement.
1 he bonds were voted at a regular
meeting of the board of directors of
:. ? Bawls Furniture Company and de
pogltod with C. L. Glenn, trustee, to
be held by him as protection for the
Joint indorsers. who thereupon as
s'ie:i d lesponsibility for the $n?.o00
Ii ''cotedness* to the Wachovia Loan
and Trust Company, snd for an addi?
tions! I'.noo which was borrowed to
tide the company over a period of ,
Owed oilirr Money.
The Kagle Furniture I'ompany short
l\ . fter wards becar.ie bankrupt, and
V H ICagsn riled a petition with the
referee, naming additional debts
amounting to SlS.-'oo. assumed by him
. ividttntly for the Kagle Furniture
Company, of which, he had not ap
pi Ised t ie directors at the tHlM of the
.Votes for this amount were held
?? remlty by the ijreensboro National
i:,ir!'. Wachovia National Ihmk. Amer
Iran Nntionnl Bank, of Wilmington:
n.-uik of Lexington and C. A Kime.
1:.'gun's petition asked the referee
to d,re?-t that ! S be permitted to shars
i't.ou his indivioual indorsement In the
security afforded by the bonds and
n .Tti..ige? along with the joint In- j
do s'-rs upon the notes due the Wa
. hov'a Loan and T--ist Company Tie;
? eietee approved the petition, and or
? :? sd that the aaseta be applied pro j
rata to liquidate the claims held by the
Wachovia Loan and Trust Company
gl d I si IMS l.tid In the other banks and
You Can't Eat
You'll \*r?er Have Stomach Trouble
After You Read This, and Act on
It. Stuart's Dyspepsia Tab?
lets are the Open Secret.
Thousands of people who hadn't really
<njoyed a meal for war* have giveYi their
-tomarh a new lease of life through the
wonder-workers. Stuart's DyspOMaTl Tab?
lets. They promptly t>ut an end to flatu?
lency, heartburn, dizzinc*-. sick headache,
d\spepsia, burning sensation, brash, fer?
mentation and the other ills attendant
upon a disordered stomach.
The Stomach Sends a Message to the
Brain the Instant There in
In this day and age of known facts
I here i? absolutely no excuse for anv one
to suffer wilh stomach trouble, indiges?
tion, sour n-ang?, catarrh of the stomach,
ga- fermentation-*, etc.
Stuart ? [AsprrsMA Tablets are rom
po?cd of known ami approvrd digestants
that heI|> out the ji.kc* of the
Stoma? h. Thcv are Nature's digestive?,
the ?-nur kind the stomach u?es wrien it is
in good health.
Stuart* iHsrarpsia Table is do not
merely aid digestion?they artualh digest
ihr food themselves. All the hard work
is thus takm off the Momarh and it gri?
a chance to rest and recuperate. The
undigested fond which formerly produred
nausrating gases in the stomach becotnes
thcroughiy digested, and as a result prrs
\*kj?-s new brain and brawn and nerve cell?
to replace natural waste always going on.
Stuart's Dysprttsia Tablets act qunkly,
<ot< l\ .tnd naturally, just like Nature her
?elf. They are a familiar and standard
pert of the stock of evrry properly
enutptred drug store and are sold at sot a
Those who an try Stuart s IHeramsa
TaMets are ? at a loes to kitoe. How
to uetatotnr any form of indigestion or
Stoma? h trouble?.\d%crii?eroent.
No other emollients do so
much for the complexion,
hair and hands, nor do it so
?uickly and economically,
heir use tends to prevent
blackheads, redness, rough?
ness and other unwhole?
some conditions of the skin.
CwUewa Soap ?afl Otmtmen- aottf throughout the
?arid Ubsrsi a^a of eaoe mSod frw. wKh
ti-t> bonk Asdrasi "r'WIias." Dast I2T. Baue.
e^Ttadw-tacsd raaa Shaw ta eomtort wtlh f 'ott-"
naa Soap xaartoc Bi !? i Ma I fieri I aaat ire*.
individual*, indorsed hy W H Ragan
appeal from the order of the
icferee waa noted with the L'nited
States District Court at Greensboro
i by E. A. Snow, J. E. Kirkman and J.
II. -Ullis, who pleaded the bonding
order passed by the bosrd of directors j
r :i July 1S. l?o)7. which provided that I
"should the said J H Millls. E. A. j
mmvm J. K. Kirkman and W. II. Ragan,
at any time have to pay any money on
account of the said Indorsements, we
beieby order and direct that the said
bonds, or a sufficient number of them,
hg turned over to them to indemnify
and save them harmless from said in- .
Heversal by t'esrt af Appeals.
The District Court at <;reensboro. on
January 1. I!?l2, affirmed the order of
t ?? referee and denied the petitioners
relief. These brought the matter to
the Circuit Court of Appeals on peti- .
tien to superintend and revise the ,
ret die I of the lower court. In its cpiu
lM yesterday the Circuit Court of Ap- I
pels held that the case was review
aide r>y it only by appeal and not by
petition to auperintend and revise.
1 hi the merits of the case, however,
the court was of the opinion that the 1
; jijgment of the lower court was er
r<-n-ous a!,d must be reversed. On :
thie point Judge Keller, who wrote
the opinion, says:
"We hold that the directors' reso- .
lut ion of July IS. IMT, provided SSassi -
ity for indorsers of such notes only
SS -rere Jointly Indorsed by the four '
g*r tlemen named in said resolution, j
ar.d we accordingly hold that the or- i
der of the district Judge, entered Jan?
uary ?. 1912. wsa erroneous and must
be reversed. Thia case is remanded
to the D'strlct Court of the Western
District of North Carolina for further
pioceedinsrs not Inconsistent with this
CALL BOY SCOUTS
TO MEET FRIDAY
Great Conference of Leaders to
Be Held at First Presby?
Leaders of the Roy Scout and Cov?
enanter work will gather Friday night
at s o'clock in the First Presbyterian
Church for a rally in charge of John
L. Alexander, of Chicago, superintend?
ent of the secondary division of the
Internstlonal Sunday School Associa?
tion, and Dr A. L Phillips, of Rfch
mond. general superintendent of Sun?
day Schools and young people's socie?
ties of the Southern Presbyterian
All workers among white boys of
this city, regardless of denomination,
are cordially invited to attend th
meeting and hear from the lips of
Mr. Alexander and Dr. Phillips the best
methods of conducting the work. In?
vitations ll.iv. been Issued SS well to
the superintendents of all Sundav.
schools In the city, all leaders of bo>
work, such as Hoy Scouts. Covenan?
ters. Hoys' Rrigades, etc., and the same
Invitation is being delivered through
the public schools.
In the hope of Interesting the boys
themselves in the meeting. Invitations
have been Issued to all boys In the
?flt) between the ages of ten and
eighteen years. Seats will be reserved
for organizations of boys coming in
a body If request Is made of Dr. Phil
Hps In due time. At 3 o'clock Friday
aftern'Kin, Mr. Alexander will me. : ?; ?
students of the I'nlon Theological
Seminary st ?Unter Park for a confer?
ence. Leaders are invited also to joir.
! this conference
The meeting here Friday night is th'
. wind-up of a trip which Dr. Phillips
' and Mr. Alexander have been making
over the South In the Interest of work
among white hove. Huntington.
Waynesboro. Islington. Greensboro. N
C. and Cheater. S. C. have been vis?
ited by the tan leaders. Conferences
In these places have resulted moat sat?
Fares Haad Herns to Oesfh.
[Special to The Times-Dispatch ]
? ?range. Vs_ February 1?Fire Set -
urdav night destroyed a tenants house
on Jim Octsvla Neleon'a farm, about
nine miles from Orange, homing to
death s farm hand, <?lford Gal nee, col?
Bonds for Good Roads
? specie I ta The Tlsses-ntewatcb ,
sr. ??Bonn Issue far tbe gl ISSS
ary I. II sad hi aar fee tbe pit ?an
?eat tsaereveeaent of gejblte rsada.
bath I? l.lvtngeeeei end Berhety fHa
trseea. carried is Its raver by snare
ttsan rSS) ?ajsiltl- TT?Is will gtve
Spsiaylraelo < onaty *we p?i mm
?eetty frespres-ed pnbtle rsada far
fevty ssflen eeeb way. renale?? fiasn
seat ta eres* serasi tbe ewttre ' I ?
la Pteebelr l>ts?r*ei so tssrae ?r
gsn.aee ?s ssrtbarlaed. and ta I tv
l?ae?*n Dlevrhrt tbe ass swat aatbae
taea is era.see
NEW MA YOR OF WEST POINT
?aecresor ta the late Mayor A. \V. i:???wo?A
Odds and Ends From the Wire
IWn AT HARVtHU COSTS ?15.
Only Fr? Students t se MIN Private
Boston. February 4?Figur?? show that
each time a student occupying apartment*
In DaaBatar and Little e halls at Harvard
takes a dip In the magnificent 1ST..'?? swim?
ming pool It co?t> nr.
Only ar>upants of ihe f*ao privately own
e.l dormitories are allowed the privilege of
tiie pool, with the result that It hi practi?
cally unused. The Upen-? of the upkeep of
the fine porcelain tank Is large, and the re?
sulting record makes a swim there costly
RABBITs- it! won WAOM
Injected Into Bodi of Woman, but Does
KB* >avc Life.
Fremont. N"et>.. February 4. ?Blood from
seven live rat.bits injected into the body of
Mr?. Frederick Br'ihn. of Seattle, failed to
save ber life end ehe died here at the
hospital where the operation was perform?
Mrs. Br?nn was selaed with internal hem?
orrhage while on a train and was removed
from ir.e cars here. She was rushed to the
hospital, and the loss of blood became so
great that surgeons determined to Inject
animal blood Several rabbits were secured,
and the!r blood drawn and injected into the
veins of the woman, but In vain.
BKF.AK? 4 AI I. TO \ IMT 41 IM, F..
New Brunswick Prisoner (limbs Wall to
Talk About III? taps.
I New Brunsvr.ck. February 4.-Peter Freier
I has new ideas of jail breaking. He climbed
' tbe wall of tUe Middlesex County Jail sad
, strolled ai>out town In the hope of explain
I Ins his case to Judge peter F. Daly. He
j Is back now. and rays he feels better for
the outing, even though he didn't meet the
A plie of ashes had been dumped against
the wall and a ladder on tap of it furnish?
ed the rest of the transportation. In a
few moments Freier was walking the streets.
He bSPtWwed a hat ana coat and 'went to
Judge Daly's house. He rang the doorbell
an.I asked for the Judge. He wa? told by
a servant that the Judge would not be \ le?
ib.e before I o'clock. So Peter continued
his walk. He past several people. One af
??--!. .? as Martin I .alley. ,ar.ltor uf th?
courthouse. Mr. La I ley asked him what
he was doing
? Waiting for the Judge." said Peter, and
Leila? telephoned to Warden Donomore
to ask if Freier had been discharged. Dono?
more said he hadn't." The police were noti?
fied and the rest of Freiers walk was
hack to jail with an escort.
How to Avoid" Those Pains and Distress
Which so Many Mothers Hare Suffered.
It Is ? pity more women do not know
of Mithers Friend. Here is a remedy
that softens the muscles, enables them hp
expand without any strain upon tbe BgB
tnenta and enables women bp go thr
the ordeal without pain, nausea, morning
si kness or say of the dreaded symptoms
so familiar to many mothers.
There is no foolish diet to harass tbe
mind. The thoughts do not dwell upon
pain and suffering, for all such are avoided.
Thousands of women no longer resign
tfcem?elve? to the thought that sickness and
distress are natural. They know be"er,,
for In Mother's Friend they have fo>md how
easy It is with this wonderful penetrating
remedy BJ banish all those dreaded experi?
ences which have been talked about ever
since memory began.
It Is s subject every woman BBSV I
fsml'iar with, and even though ?he mar
not req-iire such a remedy, sh" w." r w
sod then meet some prospective mother to
whom s word in time about Mother's Friend
will come at s wonderful blessing. This
Shasena r-rnedy is sold by all dncgisti. and
Is oolr $1.0? a bottle. It la for external
tire only, and Is reslly worth Irs weight in
gold. Write to-day to the Bradfleld Regu
later Co.. 127 Istnar Rldg . Atlanta. Ca.. for
s most valuable book to expectant mothers.
Farm and Garden.
Our New Descriptive Catalog
is fully up-to-date, giving descrip?
tions and full information about
the be** and most profitable
seeds to grow. It tells ail about
Grasses and Clovers,
Seed Potatoes, Seed Oats.
Cow Peas, Soja Beans,
The Best Seed Corns
and all other
Farm and Garden Seeds.
Wood's Seed Catalog has
long been recogniared as a stan?
dard authority on Seeds.
Mailed on request, write for it
T. W. WOOD & SONS.
StLOSMLN. RICHMOND. VA.
BKKS BV MAIL GET BlsiV.
E?cape in San Kran? i?ro Office and Mir
TIudk- I a,
San Francis, o. February A?A dlmlnu'lve
hive of bee*, consigned to Joraph Adberigl.
of Invirrwi?. w a* lifted from the mall
pouch by Fred <?'To?.i- chief < lerk at the
local post-offire yesterday. The Insects be?
gan to emerge from e. turner of the box
which had been broken in transit. OToole
says there were a million of them, and that
they were as busy for a few moments as
it was possible f?.?r bee* to be.
After the beea had em-aped OToole ex?
amined the little hive and found It contain?
ed a queen bee. Inclosed in a privat? com?
partment. He liberated her and her sub?
jects collected about her. Then It was an
eas> matter for OToole to entice the swarm
back Into captivity.
LEFT BABV TO HEB "MO\ IE-."
Infant Wait* Oat in Odd and Nearly
Cincinnati. February I?A crusade ?against
parents who l?ave their children remaining
outside the picture ?hos? while they see
the movies was begun yesterday by the
Ohio Humane Society. This plan wan de?
rided on f..tr.g the finding of a baby
in a serious condition from the effect* of
exposure to cold. The babe was found in a
carriage outside a moving picture theatre.
! It "had been left there alone for an hour.
I Th? mother was warned that If she re?
pealed the offense she would be prosecuted.
NECKLACE FOR MKS. TAFT.
Friends Will Make Farewell t.ift to Presi?
Washington. February 4.?Society women
and friends of Mrs. Taft to-<iay began quiet?
ly the circulafb.n of a subscription list for
funds with wbi'h to purchase a farewell
gift for the Presidents wife. Miss Mabel
Boardman -Mrs. Klchard Townsend and fc*v
i eral other women prominent In the social
; and olTl? lal life of the capital have the
; matter In charge, and the response is ex
1 pectej to he instantaneous. The gift prob
. ably w-lll take the form of dlnmondn. Ilkely
: strung into a necklace. A gift similar to
1 this was presented to Mrs. Roosevelt by her
, . omen friends when she left the Whits
House four years ago.
PREACHER ?.ET? HACK S \LAHT.
, But Church Is Sold to Satisfy His
Judgment of Ml.-'hi.
! Phlla?le!phia. February 4. ? The t'nion Pres
! bytenan church in West Philadelphia was
I sold at sheriff's sale yesterday to natlsty a
; judgment obtained by Rev. Alexander Wad
deli, a former pastor. for back salary
I amounting to St.Mm). The property after
I lively bidding wa* sold for *T MUX subject
'? to mortgage* amounting to 111.00?' The
purchaser, whose name way not ?ilsclosed,
will arrange for the congregation to con?
tinue In possessmn.
The edifice was erecte,; five years ago
at an expenditure of S31.000.
W. W. Kelley Cited to Show
Cause Why He Should Not
? Special to The Times-Dispatch >
Boanoke. Va.. February 4.?The in?
itiative is disbarment procee?iings from
the practice of law in the State of Vir?
ginia was taken by the Boanoke Bar
Association in a meeting held r.n last
Friday night at the Shenandoah Hotel
pgainst W. W. Kelley, a local attor?
The matter became public to-day af?
ter the ?alling of the docket in the
Corporation Court, when C S McNultv
presented the niatter to Ju?tg? 11 C
.tackson. H H Willis has been named
by the Par Association to prosecute
Mr Kelley. Judge Staples will Issue
.i rule citing Mr. Kelley to appear be?
fore the court at a later date to show
cause why he should not be disbarred
from the practice of law in the State.
The nature of the trial will be a
semi-rrimin.J prosecution. snd if
guilty, it will be the duty of the court
to pass such Judgment as he may deem
proper ir. the premises. It is said t..
be within the province of the court to
rlljrr'.v t>, , h.,rices with a reprimand,
unless they prove of an sggravated na?
ture Should a clear case be made,
disbarment from the practice of law
will probabtv be the result.
It Is stated that Mr. Kelley Is charg?
ed with colle?-ting funds for e Lynch
burg client, which he failed to prop
erl> return The matter was called
to the attention of the local Bar As?o.
elation, and restiltc-! ;r, th.-c |, ,|- t.ik -
ing the Initiative
The charges against Mr. Kelley will
he hear?l some time during the present
? erni ??f the court. The rule to appear
will be issued in a short time, and the
soused will he given sn opportunitv
to prepare bis defense Mr Kelle,
has been practicing law In Boanoke
for several > ears. and has manv friends
here who will r er ret to learn of the
? harges snd who express the hope
that he will be able to clear himself
..f ;.li blame when the time come*
?in ?seesI Fr..? S.V. t in,
rgpecial to The Tlmee-Dlepatch 1
Bristol. V* . Fehrus-y I Max Mien
nar msn. was fln?sd $'*o In the vir
Istol police Court to-day on s
r^'rm' 'to?eJlU|"-r.x*?-."rv,.. "
farm journal without hav
a permit. H la claimed he
o solicit after b> had been
Hen took aR appeal to tbe
Magazine Features for February 9th
A Big Story by
A Big Writer
CHRALES C. D. ROBERTS
KING OF BEASTS
A Thrilling Tale of Adventure
Related With Literary Skill
By ARTHUR HENRY
Is a Clever Yarn of a Very Clever
A Pitiless Tribunal
A Sea Tale
When They Were Twenty-One
Great Frauds and Mysteries
By FRITZ KR0TEL And Other Feature?
'The Best There Is in Sunday Reading'
The Illustrated Sunday
j BE CONTESTED
Common Council of West Point
Chooses One of Its Members
! ?Special to The Times-Dispatch.)
West Point. Va . February 4?Hans
? foril Anderson is West Point' -t MS
' Mayor. He was elected by the Com
must rest with you should
*ou fail to protect the home
against sudden attacks of
croup and pneumonia by not
providing a bottle of OOW
A.VS PNEUMONIA PREPA?
RATION. Colds. coughs,
pains, soreness, inflammation
and conges-.toii yield quickly
to this remedy To feel se
i ure against these troubles
HI worth millions. Then buy
to-day. External. quickly
i Ad ver t isement.)
Main snd Itrlrldere Streets.
The moet modern end up-to
?iste Fireproof }???)-... R lild :.t
in the Routh. esults for silver
and olh?r valuablee. Individual
trunk rooms, steam bested piano
rooms snd PT*r7 otber modem
convenience for the rare of house?
hold goods Oet our eettmete
on crating end shipping your
furniture. Phone Monroe %u
riori Council last night to Mil th-i an
exr ired term of the late A. W. East
u or d, wj-.o died two weeks age. Mr.
Ar.derson was a member of the Coun?
cil, end it is said that his election was
agreed upon several dnys ago at a
caucus held in the home of one of the
members of the body A petition tign
ed by fifty-two voters of the town,
praying the election of Albert Hooin
son. was presented to the Council, but
had no effect. Mr. Bobineon was a
candidate for the mayorality at the
last election, being defeated by Mayor
Eastwood by eight votes.
It was whispered'on the streets to?
day thst the election of Mr. Ander?
son will be contested on the ground
that the Council has no right under
the law to elect one of its members
to any position that pays a salary, and
perhaps on other grounds.
Mr. Anderson has served the town
' and county In many capacities from
l>7n. when West Point first became a
. town. In that year, on September 3.
the first election was held for munlcl
' pal officers, in which there Were i .rtv
| votes cast, and he was duly appointed
by the Council the first town sergeant:
he also took the census that year, and
found about ISO inhabitants of the
' young town After that he waa from
?lme to time a member of the Town
Council At one time he was commis?
sioner of the revenue, then for eight
! years postal clerk, the first postal clerk
I In the town. From 1?7? to 11*2 he
; represented the County of King Wil?
liam In the legislature?two terms.
For fourteen years he was postmaster
of West Point, until shout thres years
ago. when he was succeeded by John
S. I>eFargea. the incumbent
P. B. She It on. one of West Point's
young business men. was elected to
fill the vacancy In the Council, caused
by the election of Hansford Anderson
WILSON HAS MADE
NO CABINET OFFER
Emphatically Denies Published
Story That Three Places
Trenton. V J. Febrasrv I?Oever
nor Wood row Wilson, who to-day an?
nounced the selection of Joseph Pst
rl? k T<imul?\ to ? on' ie as bis secre?
tary when he be. ..me# President, de
;? w . - ; a?, that he ab?
solutely had arrived at no otl or de?
cisions as to app-ot' fc-er.'s
When ahown a p'ib'ished store etat
ing flatly that William J Bryan. A
Mitheell Palmar of PeirtsrUsnis. and
H L Henri -.f T??as fi* he?n decided
eaTaea as n
heraus? I haven t 4
hedy. I bars made an
[ at the State House to-day. mostly on
State business, however, and the Gov
: ernor remained in his office until late
to-night so as to be accessible to the
Legislature, which was in session.
Hepresentatives Stanley. of Ken*
tucky; Goodwin, of Arkansas; Call?-?
way. of Texas: Tribhle. of Heorgia. ant}.
Kussel!, of Missouri, urged the Gov?
ernor to appoint C S. Parrett, of Geor?
gia, president of the National Farm?
ers' I'm..n, to the Secretaryship of Ag?
Charles G Heifner. of Seatle, for*
mer chairman of the Democratic com?
mittee of Washington, talked over thn
Alaskan situation and conservation
policies with the President-elect. For?
mer Governor < ?shorne. of Michigan, a
Progressive Republican, w_as among
Mr Wilson's callers, but ttif President?
elect said the visit was merely social.
Roche's Herbal Embrocation
will also to foend en 7 ?atescUJn tu ,-man of
BRONCHITIS, LUNUCfl AID RHEUMATISM
W. tie wares a See. Lac Joe. Cagi
A- WU Sswnt ?S Co.
* ?? oe Bwkeaa SCrsst, a. ?
797 East Main .Street.
A chance to buv good quality
jewrln. Watches. Cut Glass and
Silverware for little rnooey.
before inventory is taker. This
holds good only to February 5th.
797 Last Main Street.
Tf PORT BC8I0O 1
UTTlel nUTT F*.*M1
BIG MOM1T MAI
a a L. West Nst Ve