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f THE DAILY |?_P IKE NIX. _ Daily Paper $3 a Year "Let our Just Cena-ore ^J^^SS^SS?KS?^Sm Attend the True Evont." Tri-Weekly 95 a Year BY JULIAN A. SELBY. COLUMBIA. S. C.. FRIDAY MORNING, OCTOBER 23, 1868. VOLUME IV-NO. 04y THE PHONIX. jrnni.iKnnn DAILY AND TBI-WEKKLT. tm GLEANER, Kvr.r.y WEDNESDAY MORNING. BY JULIAN A. SELBY, EDITOR AND PROPRIETOR. Ofllco on Main street, a few doors above Taylor (or Camden) street. TJERAT8- IN ADVANCE. SOUSCRIPTION. Dailv Paper, six months.$4 00 Tri-Weekly, .? " . 2 50 Weekly, ?? .. .1 60 ADVERTISEMENTS Inserted at 75 cents per Bqnare for the first Insertion, and 50 cents for each subs?quent. Weekly 75 cents each insertion. 49" A liberal discount made on the above, rates token advertisements are inserted by the month or year. AGENTS. Lexington-B. J. Hayes. Spartanburg-Hiram Mitchell. J. B. Allen, Chester. S. P. Kinard, Newberry C. H. Jamos Grant, Union. Julius Poppe, Anderson C. H. Wuile Hamilton's View?. In the following correspondence, General Wade Hampton takes occa? sion to define his position, which has been so grossly misrepresented by tho radical press : STEVENS' POINT, WISCONSIN, September 21, 1808. General Wade Hampton. DEAJR SIB: In view of the import? ance attached to everything spoken by yon, and the great efforts made to present you os still adhering to and anticipating a renewal of tho "lost cause" in a struggle with the Govern? ment, and because I believo you aro greatly misrepresented, and therefore yon, and through you, the mass of the Sontheim people are -wronged, I write this with a view of obtaining from you. a statement as to the real opinions yon entertain upon the is? sues of the war, its results and oon sequenoes, and also those of the peo? ple at large, whom you, to a great extent, represent. I need hardly add that Ulis is intended for publication, and I truly hope you will not think it too much to comply with, if it can in any degree restore confidence be? tween the people of the two sections, and so, ultimately, real peuce and prosperity. With great respect, I am yours truly, ?. L. PARK. . COLUMBIA, S. O., October 17, f MYDEABSIR: Absence from home and constant engagements have pre? vented an earlier reply to your letter, in which you ask me to givo you "a statement of the real opinions you (I) entertain upon the issues of the war, its results and consequences, and those of the people at large, whom yon, (I,) to a great extent, represent.' If the mass of the Northern people have not been convinced of the pa cific sentiments of the people of UK South, by the authoritative action o onr Conventions and Legislatures if tho patriotic and truthful utter anees ol Robert E. Lee, endorsed ai they have been with such entire una nimity by all the true men of tin South, do not carry conviction, nr words would, indeed, be powerlea for good. Bat while I am profonndl; impressed with this fact, it is due ti you that I should respond to you inquiries in the same spirit thu prompts them. This I shall d frankly, in the hope, that all candi? men among onr opponents will gran me a fair hearing, and those wh have so studiously perverted my sec , timents and actions hitherto, may o least give me credit for sincerity an honesty of purpose. First, then, a to "my real opinions as to tho issue* results and consequences of the war. The main Lunes involved in the wa were secession and slavery; tho first the primary one, the latter brougl io at a later period. In regard I these I adopt fully, aud without rt servation, the principies announce by tho late National Democratic Coi vention in New York, and in tb words of the platform promulgate there, I consider these "questions t settled forever." I accept this ns ti result accomplished by the war, an ai its logical and legitimate oona 3uenoo. This I have done from tl ay the war closed, and I have eon! seled our people to look opon it i tho same light. I was strongly i favor of tho action tnken by tb State, conferring on the negro eqn civil rights with the white mau, am moro than a year ago, I nd voca ti the policy of giving to him, as soc ts wo had tho power to do so legit mately, suffrage banca ou qualifie fe tion. The Demoeratio Gonventk ^ held hero in April last, recognize \ him an "an integral, part of th? bot politic,'* and declared that it wool when our party ?um? into 'p?&i graut him partial suffrage. The Stn Central Club has just ro-afflrmod tl: declaration, und I havo no doubt but that this declaration is sustained by a vast majority of the white citizens of the State. We regard tho Recon? struction Acts ns unconstitutional, but we look for their overthrow not to violence, but in tho Innguago of a resolution unanimously adopted by the Democratic party i:i Convention assembled, "to constitutional agen? cies and peaceful remedies alone." We invoke n decision on the consti? tutionality of these Acts from the only tribunal competent to pronounce on them-the Supreme Court of the United States; and wo are prepared, in good faith, to abide by that deci? sion. It moy not be inappropriate here, to correct a misrepresentation widely spread by radical papers touch? ing these Acts. In these I have been charged with having "dictated" that portion of the Democratic platform relating to reconstruction. This charge I have more than once de? nied, and I do so again most empha? tically. The sense in which I spoke of tho words "unconstitutional, re? volutionary and void" ns being my plank in tho platform, referred to them ns constituting the plank to which I, as well as any other South? ern man, clung for safety. To place this matter beyond all question, I shall state, briefly, the action of the Convention on this point, and my agencyjin it. Several Southern delegates offered resolutions upon these reconstruc? tion measures, upon which a debute arose. Northern delegates asked us not to press our resolutions, but tc trust to the Democratic party, when successful, to give us ull the relief in their p.ower. A distinguished gen tlemau from one of the North-west? ern States pronounced these Aoti "unconstitutional, revolutionary an? void," and urged us to leave thii question to the Democratic party foi its proper solution. So anxious wen the Southern delegates to promote harmony-so solicitous were they t< avoid any action that might endange: tho success of that, party, to wbiol alone they could look for relief, tba every one of them who had offeret resolutions withdrew their r?solu tions at once. In withdrawing thos I bad the honor to submit, (am which, by the by, looked to th Supremo Court for the solution o this question of reconstruction,) said the introduction of those thre words into the platform would satisf us entirely, and that we would trat to the Democratic party to relieve u from measures that wo know mus ruin our couutry. These words wer subsequently iutroduced by a zealot] and able delegate from that gallar New England State which has prove herself so ardent a supporter of th Constitution-brave little Connect cut. This is the precise history c this portion of tho Democratic pla form. In alluding to it, as I did i an address to our people, my so object was to show the spirit of coi eil int ion that marked the action i the Democratic Convention, ho sincere tho North was in assuring t of relief, and how cordially the Soul confided in these assurances. Hu radical ingenuity could have pervei ed this into the churg') of "diotutioi on the part of any Southern delegat I should have been at a los3 to co ceive, had I not known, from expel ence, how skillful, and, I regret say, how unscrupulous, that par has proved itself to be, in the uso their patent weapons of party Wi fare, misrepresentation und fall hood. You do me tho honor to say tb to "a largo extent, I represent t Southern people." As I cannot fl. ter myself that this is the case, I i not venturo to speak for them; fa it is my honest and sincere couv tiou that they desire, above all thin; peace-a just and honorable peace a just and equitable settlement of the questions that distract the coi: try. They ask only "truth, justii and the Constitution." They se only tho rights guaranteed to evt American citizen under the Const i tion of their couutry. They rec? nizo that Constitution, ns umendi abolishing slavery forever. Tl aro willing to treat the negro w kindness, giving to him every ci right, and, I tbiuk, to uccord to h such political privileges as ho is fit to enjoy. They feel that their Sta should bo restored to their old pl in the Union, "with all their rig! diguity and equality unimpaire They would be unworthy of thc selves, if thoy consented to resu their places us inferiors--they wo be unfit associates for the freeraou tho North. If the people of North wish to build up a strong ? ?lusting Ualotr, let them be milgun mons and gonerotis to tho S.;uth; them confide, more fully than tl havo doue, to tho honor of our p pie, and they will meet a cordial and heart-felt response. The future des? tiny of the republic is in the hands of the North, and upon their action it depends whether there is again to be a Union based on fraternal feelings, or ono held together by the iron bands of military rule. Wo of the South are powerless to aid in tho great strugglo for Constitutional liberty; but we cannot bo indifferent spectators of a contest which is to fix our fate for all timo to come. I pray, earnestly, that wisdom and justice may direct those who aro called on to decido the momentous question, and that God will, iu His infinito mercy, give peace to our distracted land. Thanking you for the kind terms in which you have been pleased to express yourself, I have the honor to remain, very, respectfully, your obe? dient servant, WADE HAMPTON. G. L. PAKK, Esq. MUNICIPAL ELECTIONS STATE Ol'. SOUTH CAROLINA, EXECUTIVE DEPABTMEST, COLUMBIA, October IC, 13GS. IN pursuance of an Act of the General Assembly, panuni September 25th, 180S. an Election will be hold on thc ue co:id TUESDAY or November, being tbe tenth dav thereof, in all Incorporated Chien and Town? of this State, for the Election ?if all Officers provided for by tho Charters of tho ?aid Chics and Town?. The Managers of Electione, appointed in pursuance of an Act to pr?vido for tho next general election, are authorized and required to conduct tho Municipal Elec? tions aforesaid, uutil otherwise provided for by law. Tho qualifications of an Elector shall be those required by tho Constitution, to .jether with a residence of sixty days, next preccdiog the Election, within tho corporate limits of tho City or Town, and that he has boen duly registered in the Ward or Precinct in which be offers to vote. The Managers of Elections ?hall open their respective polling places for three daye, next preceding the day of election, from 7 A. M. to 5 P. M., for tho purpose of registering the names of the qualified electors and their places of residence. AU bar-rooma and drinking saloons in tho Town or City where such Election is held, shall be closed on the day of Elec? tion; and any person who ?hall sell to any person any intoxicating drinks on tho day of Election, shall be guilty of a misde? meanor, and, on conviction thereof, shall be tined, in a sum not less than ono hun? dred dollars,nor more than three hundred dollars, or be. imprisoned, for a period not less than one month, nor moro than six months The Managers of Elections as aforesaid, and each of thom, aro hereby required, after due publication, and with strict ro gard to tho provisions of the Constitution and of the laws of the State, touching their duty in such case, to cause Mich Elections* to bo held in their respective Cities and Towns, on the day aforesaid; and to take all the necessary steps for the holding of such Elections, ann for the ascertaining and determining the persons who shall have boen duly elected thereat. Given under my hand and tho seal of the State, in the City of Columbia, this lfith day of October, in tho Year of our Lord one thousand eight Inin? ti,, s ] dred and sixty-eight, and in tho ninety-third year ol tho Independ? ence of thc United States of Ameri? ca. R. K. SCOTT, Governor. P. L. CARBOZA, Sec'y of State. Tho Charleston Courier, Abbeville Buti? ner, Anderson intelligencer, Rarnwell Sen? tinel, Bennettsville Journal, Camden Jour uni, Cheraw Advertiser, Cheater Standard, Horry Sentinel, Darlington Southerner, Edgelield Advertiser, Georgetown Tines, Greenville Mountaineer, Kiugstree Star, Lanronsvillo Herald, Lancaster ledger, Clarendon Banner, Marion Star, Newberry Herald, Orangeburg Newt, Keowco Cou? rier, Pendleton (Jaezlte, Spartanbnrg Ex? press, Sumter Watchman. U nion vii loTimes. Fairfield Herald, Yorkville Enquirer, will please publish tho itbovo proclamation once, and send copv and bill to tho ofhco of Secret arv of State. October 17 j3 Fresh Supplies. NEW YORK cured pickled Fig Pork, extra sugar cured Breakfast Strips, Hector's Self-Sinning Flour, new No. ! ?ay Mackerel, Pickled Salmon, Sraokod Tongues Together with dailv supplies ot all the various STAPLE AND FANCY GOODS n ((?nsito in an establishment in tho Grocery line, which aims at keeping tho best-and the best is the cheapest. Pot j GEO. SYMMEIiS. New Arrivals. FINE Sugar-cured Breakfast STRIPS. Sugar-cured HAMS. Fresh LEMONS and NEW FLOUR. <: DIERCK8, at Soegers' old stand. Sugars! Sugars! CRUSHED,- Powdered. Grann* lated, lt? fined. Porto Rico and Muscovado SUGA US, just received and for salo low \>4~J.K*T. R. AON KW. Bagging, Rope and Cotton Ties. BALE* heavy Gunny Ragging, roils Hemp Rone. Dillon's Cotton Ties, and Agnew's Cotton Ties-the latter tho latest inven? tion and best in tho market. For sale by J. & T. R. AGNEW. SPECIAL NOTICES._] A M ISKRA HI,K KIIAKEH IS THU I Victim to Fever anti Agne. This tedious and enervating disease is, unfortunately, too well known to need a description. It is strictly a malarious disease, caused by exhalations from tho soil, especially from marshes, swamps and uowly cleared lands encumbered with decomposing vegetable matter. Tho chiils is one of tho most troublesome of maladies, as tho patient, though he may not be confined to bis bed, is incapable of action. Tho experience of years has demonstrated tho fact that HOSTE TIER'S STOMACH BITTERS is a suro means of fortifying tho system against all atmospheric poison, breaking up tho paroxysms and rapidly restoring tho strength. Quminck which haB so long been tho great remody for chills, has been supercoded by thij powerful and harmless agent; while as a preventive it is un? equalled, as its uso will certainly exempt all who may live in unhealthy localities, from tho ravages of this disease. Hostotter'e Stomach Bitters is now among the most popular, and, at tho same time, valuable specifics in tho medical world. In recommending it to tho public, wo are fully conscious of doing thom a great service, knowing, as wo do, their many excellent qualities, and eure and speedy action in all cases where tho dis oaso is caused by irregularity of tho diges? tive organs. AB a tonic it ia both mild and agreeable to the taste, and stimulating in its action upon the syste^n. Oct 111 to' ?MANHOOD."-Another New Medical Pamphlet from tho pen or Dr. Curtis. Thc Medical T?ntes says of this work: "This valuable treatise on the cause and cure of prematuro declino shows how health is impaired through secret abuses of youth and manhood, and how easily regained. It gives a clear synopsis <.! the impediments to marriage, the cause and effects of ner? vous debility, and tho remedies therefor.'' A pocket edition of the above will he for? warded on receipt of 25 Cents, by ad? dressing Dr. Curtis, No. 58 North Charles street, Baltimoro, Md. May 27 ly PROCLAMATION." ~ Bu Ul? Excellency ROBERT K. SCOTT, Guter nor of the State of Soittk Carolina. WHEREAS, information has been re? ceived at this Department of divers atrocious and cold-blooded murders per? petrated on peaceable unoffending citizens of this Commonwealth, viz: A wilful murder was perpetrated at Lau rcnsvillo, on tho 3d of September, on tho bodv of Tabbv Simpson, freedman, by WALTER H. ?ICHLEBERGER, who has tied from justice. Tho murderer is about twenty-five or twenty eight years of ago, round face, prominent eyes" dark hair, about livo feet soven or eight inches iu height, and weighs about 140 or 145 pounds. A reward of TWENTY-FIVE HUNDRED DOLLARS will ho paid for his apprehen? sion and lodgment in any jail of this State, with proof to convict. A freedman, named JOHNSON GLOS COE, was deliberately ?hot down and mur? dered in tho town of Newborry, on the 25th of September last, by a number of persons unknown. The assassins dod from justice, and in order that thoy may bo brought to punishment I hereby offer a reward of TWENTY-FIVE HUNDRED DOLLARS for their appiehcdsion, or tho apprehension of either ^oi them, to bo de? livered in any jail of this State, with proof to convict. Hon. JAMES MARTIN, a Representa? tivo in the General Assembly from the County of Abbeville, was shot down in cold blood, und murdered, ou tho public high? way, about four miles from tho town of Abbeville, on thc 5th of October, by a gang of ruffiaiiH who followed him for the pur? pose I hereby offer a roward of FIVE THOUSAND DOLLARS for the apprehen? sion of the murderers, or tho apprehen sio i of either of them, to be delivered in any jail of this State, with proof tu con? vict. Hon. B. F. RANDOLPH, a Senator in the General Assembly, (rom Oraugoburg, was assassinated at thu railroad depot, at Hodge's Station, on the Greenville *.>.* Co? lumbia Railroad, ou the afternoon of the 16th instant, in the presence of a crowd ol spectators and passengers, and tho nair dere.s were permitted 4o mount tin ir horses and leisurely escape. FIVE THOU? SAND DOLLARS will bo paid for their ap Srehension, or either of thom, upon their ollveryinany jailof this State, with proof to convict. A proportionate reward will ho paid for Information that may lead to tho airest of .ny of tho murderets; and any Ono mer? son, who bAB participated therein, will ho exempted from punishment and bo libe? rally rewarded, hy giving such information as may lead to the arrest and conviction of his accomplices. In testimony whereof, I have hereunto set my band and caused tho great seal of the State to he affixed, at Columbia, this twentieth day of [t,. B] October, io the year of oar Lord t One thousand eight huudrod ?nd sixty-eight, and ir? the uiuufy-third year of tho lndnpondonco of the United StMns of America. [Signed] Rt ?RERT K. SCOTT, Governor Srstii South Carolina. F. L OAHUOZO, Secretary of State. Oct 21 t2 tar Ai??>??'!le Banner and Nrwberry gerald copy one time. TO BE INSURED WITH H. E. NICHOLS & CO., 18 A POSITIVE GUARANTEE! SINCE the war, \ro have raid to our citizens, for Losses by Fire, about NINETY TWO THOUSAND DOLLARS. Having tims saved that large sum to a community too reduced to loso it, wo stand ready to savo more; and we submit that the comfort and protection of tho TWENTY \ MILLIONS OK DOLLARS wo represent, is more than worth tho small outlay necessary to secure it. INSURE AND BE SAFE-FIRES WILL HAPPEN. Wo represent the following Companies, all of which occupy the very lirst rank in the insurance world: (tVBEN, of Liverpool and London .Asse t--. $10,000,000 III Gold, UNDBRWHITERS' AGENCY, off New York. " 3,500,000 HECL'KITY, ?.. 4? ... ?* 1,500,000 NORTH AMERICAN, 4. .? . 4? 700,000 HOME, of New Haven. 41 2,000,000 PUTNAM, of Hartford.. . 700,000 UNION, of Baltimore. 44 500,000 GEORGIA HOME, of Columbus, Georgia. 44 400,000 ALBEMARLE, of Charlottesville, Virginia . 44 100,000 SOUTHERN MUTUAL, of Atilt n :, Georgia. 41 400,000 II. E. NICHOLS 4& CO., Agent?, OFFICE OVER AGNEW'S, COLUMBIA, 8. 0. October 17 8moa Charleston Advertisements. WOOL, WOOL, WOOL. pr r^r^rV LBS. Clean Washed WOOL, 0?vJ\J\7 wanted, for which we will pay 40 cents per pound, and upwards, ac? cording to quality and quantity. Clean unwashed 28 cent:?, delivered at depot in Charleston. MOSES GOLDSMITH & SON. Oct 18 Imo WINTHROP B. WILLIAMS, COTTON FACTO H and COMMISSION MEUCI1ANT, Accommodation Wharf, Charleston, S. C. Sept, 3 Gmo GREGG. PALMER & CO., BROKERS ? COMMIS. AGENTS, jgUY and sell GOLD, SILVF.lt, STOCKS, BONDS and EXCHANGES. Advances made on COTTON. GRAIN and COUNTRY PRODUCE Bold on commission. March 10 Seed Rye and Oats. FOR SALE BY AUK 29 FISHER A LOWRANCE. On Consignment. -I S\ BOXES TOBACCO for sale low. 1AJ GREGG, I ALMER A CO. September 15 WASHINGTON HOUSE, li Y MUS. M. W. STU A TTON. CORNER Gervais and Assembly streets, Columbia. S. C. Convenient to the Greenville ana Charleston Railroads, and tho business portion of tho city. Rates of transient board-f?? per day. Lodgings can bo obtained with or with out meals, at any time. Sept 30 Sm ~~DTW."HAWTHORNE, Broker and Commission Merchant, WALHALLA. S. C., and Honta Path, S. C., will attend to all business entrusted to his caro at either place. Augast 13 Machine Oil and Belting. FOR salo by May 31 FISHER A LOWRANCE. New Snpphes. EGG BISCUITS. Lemon Crackers, Ovster Crackers, And Milk Biscuits, at O. DIERCKS'. Fresh Crackers. Cheese, Butter, &c. 2PT BARRELS FRESH CRACKERS, '* j consisting of Soda Biscuit, Sugar Crackers. Egg Biscuit, Butter Crae kore, Cream (hackers and Ginger Schnapps, 10 kegs Choice Goshen Butter, 25 boxea Trime Cheese, 100 Choice Sugar-Cured Hams, Together wii.i i fresh supply of Rio, Java and Lasnyra Coffees, Muscovado, Porto Rico and Refined Sugars, Candles, Soaps. Can-ie?" Fruits, Pickles, Extracts. Tobacco, Segars, Ac For sale at our .lanai low price?. J. AT. It AGNEW. _ Gin Bristles. <sy\f\ POUNDS corroN GIN BRIR ?51/'/ TEES, just received and for salo bv J. A T. R. AGNEW. ROS AD ALIS' Purifies the Blood. For Sui?- by Drugglftt* Everywhere. July Ul HVlyr New Buckwheat Flour. 5BARRELS BUCKWHEAT FLOUR, 5 barrels Golden Syrup. For sal? by E. A G. D. HOPE. Mackerol! Mackerel! NEW MACKEREL, io whole, half ?nd quarter barrels aud kits, just reeeiv. il and f .r sale by J. A T R. AGNEW. . Smoked Tongues, tko. JUST received, Extra New Y-.rk Smoked TON GC ES, Fulton Mi-rket SriCED BEEF, PICKLED SALMON, PIG HAM*, uiiiaiivassod. very fine. ?^J*>r_*a1o )"Wj?y ^ GEO- HVMMgBH. , n KICK! RICI;!! 2TIERCES OE PKIMt*' CAROLINA RICE. For sui? l..w ?orcash. _AnguaJ[8 y FISHER A L(>WItANQ$. Russia Gin Br.stles, DRESSED and utidrersed. for sale by FISHER A LOWRANCE Sugars and Coffee. -I f\ HHDS. PORTO RICO SUGARS. ?\J 50 bbla. Refined 8ugars, 75 bags Rio Coffoo, aR gradea, 15 bage Java and Lagnayra Coffee. For sale low by B. &. G. D. HOPE.' Wrapping Pa_ er. 1 ?AI \ REAMS Grocer's WRAPPING 1U< / PAPER for salo at New York prices._E. A. G. D. HOPE. DR. D. L. BOOZER, HAYING obtained from tho different patentees of tho profession, offlco rights nf tho latest improvement in DEN? TISTRY, is iirepared to do all kinds of DENTAL WORK with neatness, durability aud despatch, at tho very lowest rates. Perfect satisfaction guaranteed. Office oa Main btroet, Columbia. S. C., three doors North of Agnew's. Vulcanized Rubber Plates inserted at $25. May 2 ly New Bay Mackerel. QA WHOLE AND HALF BARRELS OU NEW MACKEREL, for salo low bv Sept 17_E. & Q. D. HOPE." OUR HOUSE RESTAURANT, Assembly Street, Opposite the Market. THE undersigned respectfully notifies his patrons, and thc public generally, that he has made arrangements to be supplied, daily, with the best 0Y8TERS and FISH. Wiil also have thc choice of tho Columbia Market. Has a commodious room or private parties. His LIQUORS, WINES and SEQ ARS are the best. Families can bo supplied with Ovtters. LUNCH from ll to 1 o'clock. Give mo a call. LOOK OUT FOR THE DIG LAMP. DENNIS MCGUINNIS, Cot 0 Superintendent. EXCHANGE RESTAURANT, Camden Street, rear of Gregg's Cltina Store. a. CLK.VDIMXO, - Proprietor. * ?ft HAVING thoroughly fitted np the above establishment as a RESTAURANT, I am prepared to furnish visitors with the best ol EATABLES and DRINKABLES. OYSTERS, GAME, FISH, MEATS, etc., prepared in the very best style, bv one of the finest cooks in the city. SUPPERS furnished at short notice. Families sup? plied with OYSTERS at reasonable prices. Choice WINES, LIQUORS and CIGARS constantly on hand. LUNCH every dav at II o'clock. Doo ?0 Bagging and Rope. I \ PIECES GUNN Y AND ItOUNEO I WV/ BAGOIV:. 40 eoiW Gn t-id. -tl a-,?I ?t^inp l?opu for ?%-). joyhy_1^_L'L " B?TINO HOUSE AT ALSTON. P-ir?>?|iN?iKl?? wu On ? .rem. ville m.d ( wljambla Itailroad, yan get Mhi-Ak FAS rmi-: DI NN Ki: nt AIMI?II ampli (-..nu hoing alb wed. Dec27 MARV A. ELKIN vs .\.