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'Washington News Society and General ~~HZZIZZIZZZ_WASHINGTON, D. C., MONDAY, MAY 25, 1936. ** PAGE B—1 Bank Stockholders Ruled Not Liable for Pre-Purchase Debts HOLDS STATE LAW Ruling May Affect Many Holding Paper in Seventh Street Bank. WEST VIRGINIA ACT CITED BY TRIBUNAL Provides Liability Only When Shown Debt Was Accrued After Stock Was Acquired. In a decision which may a fleet many stockholders of the closed Seventh Street Savings Bank, the Unit'd States Court of Appeals held today that the bank's stockholders may not be assessed for debts and liabilities which accrued before they acquired their stock. Following principles laid down in preceding bank cases, the court said the laws of the State in which the institution was incorporated must gov ern in deciding the question of double liability. The West Virginia constitution and the banking laws of that State, in which the Seventh Street Savings Bank was incorporated, provide that stockholders shall be liable to credi tors of banks only upon a show in'1 that the liabilities came into existence while they were stockholders. Mot-Knoicer contested sun. The case involved a suit by Nor man R. Hamilton, receiver for the local banks, against Ida L. Bergling. who owned 20 shares of stock, and was assessed $2,000 by the controllet of the currency January 5, 1934. The case went into the Court oi Appeals on the single question ol whether it was necessary for the re ceiver to prove that the debts of the bank, on account of which the as sessment was levied, accrued during the period of stock ownership. Through her attorneys, William E Richardson and E. Hilton Jackson, the defendant admitted the authority of the controller to adjudge the bank insolvent, to close it and to collect its assets, Including stockholders' lia bility. She contended, however, that he had no right to impos a liability in excess of that authorized by West Virginia law. Sustained by Court. In this contention she was sustained by the Court of Appeals, which cited a previous decision regarding the Po tomac Savings Bank, which was in corporated under the laws of Virginia. In that decision the court stated there was nothing in the District statutes which expressly created double lia bility for shareholders in State banka doing business here. The court pointed out that Congress recognized this omission and cor rected it by an act passed March 4, 1933, Imposing double liability on shareholders of every bank doing business here, if their stock was ac quired after the law's passage. MEDALS TO BE GIVEN SEVEN MORE PUPILS Safety Patrol Leaders Will Get Awards at Special Cere monies. Seven safety patrol leaders from District schools, who were scheduled t« receive honor medals from the Ameri can Automobile Association at thi i close of the safety patrol parade Sat urday. will get their awards at i special ceremony. The seven boys marched in the honor medal division of the parade, but when Commissioner Allen carai to present the medals only 20 were available for the 27 candidates. Fail ure to receive the seven names in time to issue certificates and obtain the medals was the cause of the diffi culty. A. A. A. officials explained. The boys are Harry Mortimer. Blow School; Harry Ray Wright, Peabody School; Nathan Jones and Amos M. Wilson. Edmonds School, and Roger T. Seal, Andrew Kirk and Louii Hines, Wheatley School. Richard M, Ham. safety director of the District A. A. A. Clubs, will make the awards, it was announced today. MRS. ANNIE TORBERT DIES AT HOME HERE — Was D. C. Resident Since 1917. Funeral Rites to Be To morrow. Mrs?. Annie Dalrymple Torbert. 75, widow of Frank Peyton Torbert and a resident of this city since 1917, died yesterday of a sudden illness at her home, 1851 Irving street. Mrs. Torbert was a native of Prince Frederick. Md. Her husband was en gaged in farming in Prince George* County, Md., for a number of years. Mrs. Torbert is survived by four sons, James M. and William W. Torbert, both of this city; Frank P. Torbert, Metuchen, N. J„ and Neville S. Tor bert, Beltsville, Md.. and four daugh ters. Miss Jessie D. Torbert. Miss Suda Torbert and Miss Annie R. Torbert, all of this city, and Mrs. Clarke Con way, Bethesda. Md. She also leaves five grandchildren. Funeral services will be held at 3 p.m. tomorrow in St. Andrew’s Episco pal Church, of which Mrs. Torbert was a member. Burial will be in Congres i sional Cemetery. Kentuckians Bid Boosevelt. FRANKFORT. Ky„ May 25 </P> — An Invitation asking President Roose velt to attend the Onward Kentucky Exposition here June 5-6-7 was wired i to the White House yesterday by a committee of Frankfort citizens head ed by Gov. A. B. Chandler. The e*« position will feature Kentucky-made I products. TYDINGS PROTESTS SELECTION OF R. k WORKERS IN D. C. Letter to Tugwell Hits Pro cedure at Berwyn Hous ing Project. ASKS ADMINISTRATOR TO-LOOK INTO MATTER Cites Previous Procedure of Ob taining Workers at Hyattsville Re-employment Office. A protest against selection of em ployes from Washington instead of Maryland to work on the Resettlement Administration housing project at Berwyn was made today by Senator Tydings, Democrat, of Maryland, in a letter to Administrator Tugwell. "You can appreciate the fact that when the Berwyn project is completed, It will be our State problem to absorb those persons who choose to live at that project in our State,” Tydings told the resettlement head. “I am sure it is not your intention to deprive us of the opportunity to take care of our unemployed by plac ing them on this work. I understand , that in the past when we were not able to supply the necessary personnel, then persons were taken from the District of Columbia, and we have no objection, of course, to a continuation of that procedure. However, we do very se riously protest the change in policy above referred to, and I request that you kindly look into the matter and let me hear from you at your earliest convenience.” Tydings previously had explained that in the past the personnel was selected through the Hyattsville re employment office, or by contacting the Baltimore and Anne Arundel County offices. The Senator said that he had been informed by an R. A. representative at Berwyn that by fol lowing that procedude, “qualified, con scientious, capable men have been supplied.” "Recently, for some reason unknown to me,” the Senator continued, “there has been a change in this policy, so that several hundred person^ recently called for were filled through the re employment office in the District of Columbia instead of through the re employment office at Hyattsville.” ■ ' • - ONLY 3 SERIOUS TRAFFIC ACCIDENTS Thousands on Highways, but pew Hurt Over Week End. Baby Hit on Busy Street. A week end warm and clear enough to draw thousands of motorists to the roads resulted in only three ac cidents in which the victims suf fered serious injuries, police of Wash ington and nearby Maryand and Vir ginia reported today. Scott A. Melius, 52, of 3622 Bunker Hill road, Mount Rainier, Md., pos sibly suffering internal injuries as well as fractures of several ribs, was rushed to Casualty Hospital yester day by the Prince Georges County res cue squad. He was found lying in the roadway of Sheetz avenue, Brent wood, Md., after being struck by an Unknown car. Charles Green, 26, of Beltsville, Md., said by police to have been the driver of one of two cars involved in a head-orf collision on Baltimore Boulevard, near Berwyn. Md., yester day, possibly suffered a fractured skull. He was taken to Casualty Hospital. Three other persons in the two cars escaped with minor injuries. . An unconducted toddle across Flor ida avenue at First street yesterday nearly proved fatal for 18-month-old Lawrence Brewer, colored, 66 R street. The baby was hit by a car driven by Frank P. Gaither, 37, of Frederick, Md., and was treated at Children’s Hospital for cuts of the body and possibly a fractured skull. After striking the child, Gaither drove on for a block until he was halted by a citizen, according to police. He told police he was unaware of the mishap. He was charged with reck ’ less driving and released in *500 bond. A glistening new limousine said to belong to Assistant Secretary of State R. Walton Moore was almost demol ished late Saturday night in a col lision wdth another car. an electric Tight pole and a tree on the Lee High way near Willow Springs, Va. Police said Maughs Roberson, Moore's chauffeur, was driving, with . O'Neil Sutphin of Fairfax, Va., as pas senger. They were treated at George town Hospital for cuts on the head and face. Damage to the pole snapped off cur rent in the vicinity for some time. A Washington Representative—not Zioncheck this time—had trouble with bis automobile yesterday. Representa tive Wallgren reported a hit-and-run driver damaged his car in front of the ;6horeham Hotel. COOLER AND CLOUDY | FORECAST FOR CITY Temperature of 91 Yesterday One Point Under Season's High Mark. Cooler and mostly cloudy weather was in prospect today following a week end of clear skies, cool breezes and warm temperatures. «. The current forecast said “mostly cloudy tonight and tomorrow. Cooler weather tomorrow, accompanied by , moderate northerly winds.” The temperature rose to 91 degrees yesterday afternoon, one point under the season's high mark set here May. f. Temperatures today were slightljjJ lower. ' , —-- < Supreme Court Lawyer ■ff MiMWrin Mil'll . ..— .- - — — Sister Ann Joachim., Dominican nun and teacher at St. Joseph’s College, Adrian, Mich., was to go before the United States Supreme Court today to take the oath that will admit her to practice law before the high tribunal. Sister Ann, one-time tennis champion and airplane pilot, is an expert on constitutional law and until 1928, when she took her vows, was a partner in a Detroit law firm. —A. P. Photo. Drama of Cicadas’ Brief Visit Being Recorded on Movie Film Agriculture Department Takes Pictures of Above-Ground Life Cycle of Chirruping Insects. The shrill chirruping of a billion insects* fresh from their 17-year stay below ground, resounded today and will continue to resound for perhaps a fortnight in the fields around Washington, in Maryland and Vir ginia. where the cicadas, misnamed locusts, are making the most of their brief existence in the light of the sun. To record accurately every detail of the drama of this insect, the Agri culture Department, in co-operation with the University of Maryland, is taking a motion picture of the whole out-of-the-ground life cycle of the subterranean bug whose noisy an nouncement of its being frightened the Pilgrim Fathers living in the Plymouth Colony in May. 1634. The cinema history of the periodical cicada ends, like most movies, on a note of love. For, after flitting about the fields for 14 to 17 days, the insects mate and the male at once falls dead to the earth. The female goes on for a bit longer, to lay her eggs, and then she. too, succumbs. Hyslip Directs Film. The film is being directed by K. A. Hyslip of the Insect Test Survey and Information Division of the Bureau of Entymology. who lives close by College Park. Md., and whose acres are no less popular than any others in this part of the world witlr the seldom-seen droners. Disconcerting as the arrival of these unexpected and misunderstood visitors may be to the persons over whose property they fit. the amount of damage they can do is small. They neither eat crops nor ruin gardens. The female does, in Us egg-laying, pierce the soft bark of such fruit trees as cherry, apple, pear and peach, but the eggs are not laid in the fruit itself. The males alone make the noise. I using membranes in the rear of their ; bodies which are vibrated by powerful I muscles. The females are without ears and unable to hear the honeyed words of their husbands. The sound has four notes—a prolonged burring, the Pharoah note which startled the Pil grim pioneers and led them to con nect the insect with the Biblical locusts, a low monosyllabic purring sound and the rasping burr induced ! by fright. Dies After Laying Eggs. When the female lays her eggs, about 500, she dies. The eggs hatch grubs, which fall or climb to the ground There they burrow about two to four feet below the surface and spend the next 17 years, until they emerge and repeat the cycle. Scientists who keep tabs on the numbers of cicadas fear that they, like the red men, are vanishing Americans. The brood on each appearance number fewer and fewer insects. Hence the movies are expected to have an espec ial value. SPI MAN CAUGHT; HUNT£D_7_YEARS Alleged Member of Stolen Car Ring Captured by Federal Agents. After a 7-year search which took them from coast to coast and North to South, special agents of the Federal Bureau of Investigation today appre hended, in New York, Harry I. Spiel man, one of three brothers alleged to have operated a stolen automobile ring out of Martinsburg, W. Va., the Justice Department announced. Spielman’s police career began with his arrest in this city March 14, 1928, with George, a brother on a stolen automobile charge. They were taken to Winchester, Va. George said the car was his and Harry was released. George later was released on $2,000 cash bond. Both immediately disappeared. In vestigation revealed that these two and a third brother. Wade, had been operacmg * stolen autofnobtfo. ring out of Martinsburg, the Justice depart ment explained. They were *idicted by a Federal grand jury in KHuns, W. Va.. June 20, 1928, for conspiracy and violation of the national motor vehi cle theft act in connection With the theft and interstate transportation of 30 stolen automobiles. > On November 20. 1928. a)pot4ier in dictment was returned by * federal grand jury at Elkins containing 47 counts against the three. I » George Spellman was apprehended in California in June. 1928. He was returned to Elkins and on November 23, 1928, was sentenced to serve' two ane one-half years in a United States penitentiary. This term he 1 has served. I Harry and Wade have been traced all over the country during the feast seven years. $18,000,000 Paid Tea LaW. Wages of tea laborers in Province of India are expected to over $18,000,000 this year. TWO HURT IN FALL Scaffolding Collapses at Powell Junior High School. Two laborers employed by the Dis trict were injured today when a scaf folding from which they were painting a ceiling on the first floor of the Powell Junior High School collapsed. Rudolph Biro, 48, of 3202 Ely street southeast may have a spine fracture in addition to nose, chin and fore head injuries, It was said at Casualty Hospital, where he was taken. Charles America, 50, of 2524 Pennsylvania avenue southeast cut his right leg. not seriously enough to require hospital treatment. I . —-—--- * MEASURE 10 EASE FEDERAL JOB LAW Desires Passage of Celler Bill on Marital Status, House Body Told. — COMMITTEE TO ASK HEARING PREFERENCE Ramspeck Urges Passage—Coch ran Leader in Fight Against Change. President Roosevelt stands for lib eralization of the celebrated marital status law. the House Rules Com mittee was informed today by Chair man Ramspeck of the Civil Service Committee. He said the President had let him know through one of his secretaries that he favors passage of the Celler bill which would relax the restrictions in regard to employment of husband and write as well as other members of one family in the Gov ernment service. The Rules Committee expects to morrow to grant a special rule for preferential consideration of thus bill. Representative Ramspeck and Repre sentative Celler of New York, author of the bill, urged the special rule. Representative Cochran. Democrat, of MiMAiiH rhalrman nf th* Pommitti'p on Expenditures, vigorously opposed the legislation as he has done repeat edly on the floor of the House. He protested with special vehemence against allowing two Government sal aries in one family. The Rules Committee continued hearings on this and three other re quests for special rules until tomorrow. The marital status law. which is a holdover from the economy act of j 1932, provides for the dismissal of ! either husband or wife in any neces sary reduction of force. Ramspeck said his principal objec tion to it is that it acts as a curb on marriage. , “I think Congress ought not to be on record as opposing or thwarting nor mal desires for marriage.” he said. Representative Celler pointed out that the present law sets up an addi tional qualification for a civil service office, putting the stress on marriage instead of merit. He pointed out that out of 1.603 persons affected by this law. only 400 had left the service and most of those had quit of their own accord. He emphasized that such a qualification is not imposed in the legislative unclassified service and argued that it is not fair to impose such a law on low-salaried employes and exempt the high-salaried group. He stressed also that it does not apply to all branches and that if such a law is operative it should affect the legis lative and judicial services as well as those in the departmental services. Representative Celler reminded his colleagues that two former Speakers had their wives employed in their of fices. He pointed out also that the purpose of this legislation was to re lieve unemployment and it had not had that effect. Representative Cochran told the members of the Rules Committee that the purpose of the marriage clause is to distribute pay checks in two homes instead of one. --• CHAIN BRIDGE OPENS IN WEEK AT MOST Workers Near Completion of Re pairs on Structure Damaged by Recent Flood. Chain Bridge, closed since the March flood, will be reopened to the public the last of this week or the first of next, it was announced today by Clif ford R. White. District bridge engineer. A construction repair crew is at work, and White said such progress is being made that the work probably will be done by Memorial day. Some delay was encountered when it was found immediately after the flood that special materials would have to be fabricated to replace beams and braces, but. with their arrival, the work got under way. Supplies for the job cost in the neighborhood of $2,500. Young Washington Bird nests are the specialty for Willie Ann Myers, 7, a stu dent in the Nature study class at the Bethesda, Md., Elementary School. WUlie Ann is the daughter of Mr. and Mrs. G. M. Myers, 310 Wilson lane, Edgeaioor, Md. Tomorrow: BettyaYoung, daughter of Sergt. andmrs. Joseph L. Young, at the Qwenleaf Schooli —Star Staff Photo. ► - •: House Pages Split on Roller Skate Issue Debate Question at Annual Dinner, as Host, Representative Shannon, Favors Wheels. The virtues of roller skates as a method of transportation within the halls of Congress were debated by John Jurgensen (left) and Fred Johnson, House pages, at the annual dinner given at the Shoreham Hotel by Representative Shannon, who is looking on. ~A. P. Photo. HOUSE pages put chicken in their stomachs last night while debating whether to put wheels on their feet. The occasion was the fourth an nual pages' dinner given at the Shoreham Hotel by Representative Shannon of Missouri. The issue of roller skating divided the boys into factions much as that of “steam rollering” divides those they serve. Raising the skate isue was John Mc Cabe. who has served several years as a page and adds that he is tired of hearing stories of tired feet. Page Walter Morgan of Alabama told the dinner guests: “Skates will put more people to work ! everywhere. If we fall down it will give jobs to doctors, and if we tear our pants tailors will have more work.” "No,” countered Edmund E. Walsh of Washington. “Just picture a page rolling down the marble corridors of the House Office Building and meeting a Representative coming out of his door. Why, the Representative would get killed and we would get fired." “I am for skates,” sighed Aubrey Russell of Kentucky. “Suppose we do fall down and get hurt. Who wants a better excuse for staying away from work?” Thomas R. Dugan of Massachusetts declared that, as things now stand. Representatives constantly complain about pages making noise as they rush about the House aisles. "Why, we would make nervous wrecks of the gentlemen,” he said, i "and might be indirectly responsible for some screwy laws,” Collier W Goodlerr, jr„ of Tennes see asserted skates would be strapped to his feet only if Congress appro priated money enough to equip pages with electric sirens and red flags. "As long as we are not under civil service.” he argued, "it would be ex tremely dangerous to sail through these corridors without plenty of warn ing signals. I can imagine no quicker way of separating yourself from a job than by banging into a Congressman." Representative Shannon came out in favor of skates. "Senate pages.” he contended, "have a fine underground railway to ride on. and these boys have to run. Let's put them on wheels.” , MECHANICS’STRIKE ARRESTS EXPECTED ■.. - - Warrants Issued for Four on Assault Charge—Twelfth Shop Is Hit. As the automobile mechanics’ strike spread today to a twelfth shop—H. B. Leary. Jr.. & Bros., 1620 U street— i first arrests were expected momenta - ! rily as an outgrowth of an alleged assault in the Mandell Chevrolet Co.. Inc., shops at Thirteenth street and Good Hope road southeast. Warrants were issued by Karl Kin aleberger, assistant United States at , torney in charge of Police Court, for i arrest of four men charged with as sault on Harry L. Ferguson in the ! Mandell shop last Thursday. The warrants named George Berry, , 800 block of Portland street southeast; L. Kane. 1300 block of Massachusetts avenue; H. D. Kane, 1300 block of M street, and E. K. Sherman, 1700 block of Sixteenth street southeast. Ferguson, who lives in Upper Marl boro, was said to have been working in the shop and charges he was severely assaulted by the four men named. Oliver N. Garrison, business agent for the union, said he had had a re port on the affair at Mandell’s. He said the four union men who had gone out on strike from Mendell's wanted to go back to the shop to get the tools which were their pfv sonal property. He said they had ob tained permission from the firm to enter the shop. When they got in side, he said, Ferguson "made a pass at them," starting trouble. Ferguson claimed the four men at tacked him while he was removing his coveralls. He charges they knocked him down. MRS. MARILLA CAPELL, 82, IS DEAD AT HOME Mrs. Marilla Greene Capell, 82, widow of Charles A. Capell and for more than 50 years a resident of this city, died yesterday at her home, 215 Rock Cre$k Church road. She had been ill about six weeks. Mrs. Capell was a member of the Women’s Missionary Society and the White Cross Society of Calvary Bap tist Church. She was a native of Springville, N. Y. Surviving are two daughters. Mrs. Isabel C. Wright and Mrs. Loretta C. Rabenhorst, both of this city, and a stepson, Edward D. Capell of Has brouck Heights. N. J. She also leaves five grandchildren and two step grandchildren. Her husband, an em ploye of the Government Printing Of fice, died in 1923. Funeral services will be held at 2 pm. tomorrow at Hines’ funeral home, 2901 Fourteenth street. Burial will be in Rock Creek Cemetery. TO RENEW FIGHT Mrs. Hilda Phelps Hammond, chair man of the Women’s Committee of Louisiana, is returning to Washington to renew the committee’s fight for the unseating of Senator Overton of Lou isiana, it was learned yesterday. Mrs. Hammond is expected to seek a conference with Vice President Gar ner in an effort to have the charges made a gains* Overton by the Women’s Committee referred to a special Sen ate committee for consideration and to demand action onli Connally report la the case. National V. Student JFins Nomination as Prosecutor Floyd E. Harper Still Has to Pass Bar Examinations. Victory in Indiana Test Held Tantamount to Election. Floyd E. Harper, 24-year-old law! student at National University, is off I to a flying start on his legal career, j having been nominated for prosecut ' ing attorney in Indiana despite the | fact he has neither finished school I nor passed the bar. Harper, who lives at 4900 Third street, came here in 1933 and went to work in the office of Senator Van Nuys, Democrat, of Indiana. Lafer he switched over to the General Ac counting Office, and then began study ing law at night. Having some spare time on his hands last month, he secured a leave of absence from school and went V* Tipton, Ind., where he decided to run for the Democratic nomination for prosecuting attorney of the thirty sixth judicial district. Much to his surprise, he was nominated by a plu rality of 900 votes. The district is normally Democratic by a large ma jority, Harper said, and the nomina tion is tantamount to election. After the election Harper returned to Washington to finish his law work. FLOYD E. HARPER. He will be graduated this June and will then take the bar examination in Indiana. “I'm spending all my time on the books now'." he said. “If I don't pass the bar, somebody else will w’alk off with my job.” Harper took a B. S. degree at Cen tral Normal College, Indiana. He served as chairman of the Executive Board of the Capitol Hill Democratic Club, and has made several speeches for the Democratic National Commit tee. AWARD OF $23,167 TO PEPCO AFFIRMED Company'* Fight for 10 Time* Greater Price From U. S. for Razed Substation Ended. The United States Court of Appeals today affirmed the verdict of a con- , demnation jury awarding the Poto- j mac Electric Power Co. $23,167 for i its substation, which was razed to • make way for the new Interior De- 1 partment Building, ending the com- 1 pany's fight for a 10 times greater price. The principal bone of contention concerned expensive electrical equip ment which the company claimed should have been included in the con demnation price. The court found, however, that the machinery had been located in other substations before it was installed in the condemned plant and could not be considered part of the realty. Authority of the Secretary of the Treasury to acquire the property and of the President to exercise the power of eminent domain in connection with such public works cannot successfully be challenged, the court declared. Henry H. Glassie of the Justice De partment represented the Government in the litigation. Call Freddie’* Father. LOS ANGELES. May 25 OP).— Freddie Bartholomew's father was asked today to hurry here from Lon don to "safeguard his rights’’ in the custody fight over the 12-year-old screen star. The father, Cecil Llewelyn Bar tholomew, has remained in England while his wife, Mrs. Lillian Bartholo mew, has been seeking to regain the custody of her son from Miss Mylli cent Bartholomew^the boy'* aunt. He favors the retention of his sister as the boy’s guardian. SUIT FOR $25,000 NAMES TAXI FIRM Brig. Gen. Miles Asks $5,000 and Wife $20,000 in Action Here. Brig. Gen. Perry L. Miles and his wife, Mrs. Mary Scott Miles, brought suit for $25,000 in District. Supreme Court today against the Independent Taxi Owners' Association as an out growth of a collision of two cabs at Sixteenth and K streets last Novem ber 29. Through Attorneys AI Philip Kane and Charles V. Koons, Mrs. Milev asked $20,000 to compensate her for injuries which, she said, caused her to spend three weeks in a hospital. Gen. Miles asked for $5,000, claim ing he was put to considerable ex pense by his wife's medical treatment, and that he was compelled to stay in Washington beyond the time as signed for his transfer to another Army station. This caused him to lose a month's leave, and cost him the expense of mafhtabling a home here, although free quarters would have been furnished him at his new station. The accident occurred about 1 a.m, while Gen. and Mrs. Miles were riding in a cab going west on K street. The cab of the defendant company was proceeding north on Sixteenth street and struck the general's taxi at the intersection. He also named Edmund J. Ryan, driver of the Inde pendent Taxi Owners’ cab, as de fendant, ■ - • ■— ■ Texan Dies in Scotland. LONDON. May 25 (^.—Alexander Mackay. 80, Texas cattle executive, died Saturday at Glencruitten. Oban. Scotland. His death occurred suddenly. He had presided ruer a meeting of the Matador Lana*& Cattle Co. share holder! at Dundee on Tuesday.