ISW3
kL Ja.ji.JJJ
Published every Thwday by the , ,
KSTEBS Ci33LIBI PSISTI'iS- CXr,
. . (ncorporafed) :
J. H. Whlt
. JS. H. Rio
W;. E. FINLEY, - - EDITOR.
On Vr . .
mitt monttm - ':
Thr month :
I.OO
.bo
.am
Entered cs tecond-elan matt matter Jane 18,
1907, at the Poiiaffice at Manhall. N., mtder
theActnfContrettafMarch3, 187P, J . .
THURSDAY, AUG. 5th, 1909.
More on Good Roads.
Asheville Citizen.
At, the request of State Geolo
gist Pratt the press in this sec
tion of uhft country is seeking to
arouse much enthusiasm in the
: approaching Good Roads con'
vention to be held in Asheville
next October, : Being in hearty
sympathy with . the movement
and desirous of seeing increased
activity in this section along"the
line of road development, we take
igreat,pleasure in adding, the fol
lowing extract from Mr. Pratt's
circular to what wa3 printed in
these columns yesterday.
Speaking of the value of tour
ist trade to European countries,
where good roads abound, Mr.
Pratt says:
"Switzerland entertains during
the year 3,000,000 visitors, who
spend $30,000,000. . Italy, the
Riviera, and Spain between them
receive $60,000,000 from their
visitors. The various great cap
itals receive $25,000,000 by en
tertaining their visitors, 900,000
of whom visit Paris, 600,000 visit
uuuuuu, uuu,uvy vism ajciuu, auu
350,000 visit Vienna, etc., over
the continent. 1 The seasido and
lake resorts receive upwards of
$16,000,000. from their visitors.
"The Interior districts of England,-
France, Italy, Switzerland,
Germany, 4 and Holland are all
accessible, even to the most re
mote villages over roads with
hard surfaces, and this accounts
1 in part forthe popularity of these
countries w tue lourisii.
-, "North Carolina should be at
trading ten w a nunarea times
as many tourists as it is doing at
present, The tourists want 'to
1 J "- motor tnoaeh
roads that
make tiuis possible.' 7,
'Considernble tlfought is be
ing given at the present tjime by
public spirited men ; in North
Carolina,1 to the possibility of
the construction' of a system of
improved highways across North
Carolina, north and south and
' east and west, not only for the
advantage of tourists coming into
.North Carolina, but also that our
own people may t ue noie, witu
greater facility, to reach differ-
- t . 1 1 1 . '1.X-
want the mountains connected
with the seashore, and we want
1 all the beautiful and scenic sec
tions of the State accessible at
all tames of the year, we want
the' points of historical interest
connected by improved roads, so
that anyone who wishes may be
able to visit these places."
Cemetery.
The News has mentioned for
come time yde cemetery. With
out doubt this sueeestion will
nrt. rilfl nf inanition hPTAnsft it
is a need that all realize and it
Only requires the initiative by a
few of our citizens to make it a
go.
The place is almost" as sacred
as a cnurcn and we snouia not
let it go by until we see it an ac
complished fact. Two or three
locations are suggested and it
only remains for us to say where
it is to be and whether we will
l.ave it or not Unless we push
this matter we will never get it.
Co let's get busy" and before
winter's snow comes upon us we
will have this place to bury our
' , ; 3 v, "1 line up with the offer
" a f -t weeks a.o by one of
What You Read.
A person's habits, or .dreams
are formed by what they read,
Mrs. Nicholby had a hazy idea
of things and : Mrs. Partington
always was speaking malquopos
because of some impossible thing
she had read. In one of the most
delightful of stories. Flower of
the Dusk, one of the characters
reads the Ledger or some of the
impossible-weeklies and has
very distorted idea of high life
and the romance of the world,
We read the novels of the pres
ent day and wonder if such
things could happen. If the
yellow sett really do as the book
pictures." Mrs. Humphrey Ward
tells ujf in almost caricature what
the divorce does and how now
adays marriages are tandem
etc. We see impossible . situ
ations and contretemps and we
wonder if we have missed a part
of what is eoine on. It is like
attending a three-ringed circus
there is always something going
on in the other two that we can't
see or have missed.
In an article in last week's
News it was asked where are
our great men and women-
nothing above the common level
There have been good novels
published but they are few and
far. between. Where do we find
anything like Dickens or Scott,
Thackeray or Cooper? But any
one that talks so is an old fogey
and does not know what is good.
We have had what at the time
was considered a great book be
cause it sold up into the thous
ands and if we count by the
editions there are greater books
than these older novels.
A book is great for the ideals
it raises. If it is for the dilea
tatiori of the morbid taste of 8
diseased mind or body, it is not
great. If it depicts a shameful
state of society, only to gratify
the morbid desire for purely sen
sual dilectation, it is not a good
book to read, though it may sell
into the thousands. The nickle
libraries whiclflell of the adven
tures of an impossible cowboy or
gambler or robber ' and which
fill the young ' mind with false
ideas not only give a false
knowledge but have spoiled a
ductile mind for the better things
oi liieana ymry. - - ;
A novel oi soicalledhigh .W
clety has spoiled the pure mind
for that which is ennobling and
the book that tells of a trifling
delectante life with no aim ex
cept to gratify the senses, is no
incentive to endeavor and ac
complishment.
Books like John Strong tell us
of a life full of good strong work
tho' under a shadow. ' '. ;
The trouble with most books
is that they have no underlying
motive and a. e written only to
be, a good seller and money
maker." v ; . : '; ; - y..::. "-i, Viv
When you read the lives of
the men who have accomplished
something in this world you will
find that they have not filled
their minds with these yellow
back novels or caricatures of
society, but with good wholesome
reading-that broadens the mind
and develops the latent powers
of the intellect. - -
Really the way novels are
reeled off today,; one gets so fat
behind that you can never catch
up and Hke Arthur Balfour, who
says it is best not to read a
dailyy we would say perhaps it
might be better not to read these
books.
But then what are we to read?
Almost everything that comes
our way is of this character. It
is hard in fact, at first to know
what to read and to choose. Our
talent is not developed. Besides
it depends on our reason for
reading. If itls merely to pass
away the time and we expect to
forget immediately why ' just
read anything but the trouble
is that we do. not. forget arid
there always remains something
that either elevates our standard
or leaves us worse and we should
not desire this last but rather
desire the elevation of our minds.
TLere is a story for boys and
; :rl3 called "Keeping the Tryst"
!.liat if read could not but help
elevu' 3 and give nobler ideals. ' v
TLere are novels that have
certain aims in view that will
! n our horizon. There" ere
' ; c f ' 1 ' -y an 1 t':o- 1 t
h - '"I I :": vs t- 1 '.7 a f.
enable us to live better, . '
i Encircled as we are and often
circumscribed in life, we need to
read m order to understand the
world. But our reading Should
be such as wilL give u's a true
idea of the world and not the
worse side. . - ' ' ;.'
If you want to know the true
life of the West, don't read the
nickle library -but read - Ralph
Connor's books of the Selkirks,
Geta trufc idea and youwilibe
better and you 'will feel like liv
ing ,tbq true life. --' " r
f As yqurlife and the ideas you
form dqpend. to a great extent
on what; yooi read as you wish
to be your best, read what is
best. '
Pickpockets of the Spirit.
There is a kind of burglar that
ravages the earth and for whom
there is no .law but who 'should
be punished just as much as if
he had broken into the house and
robbed nay, he is worse be
cause he takes away what all the
earth cannot give back. .'
A person who has worked hard
all their . life and scraped and
saved and has had a hard time
but through all that time has
rested in the faith that he will
have her reward and all this will
pass away in short that she wjll
have all different and with this
faith she has lived and suffered
without failing, but someone
comes along and tells her that
it is an illusion, that she was be
lieving only in a dream. M
He robs her of her faith and
strength and she is made deso
late by the hand of a thief. We
know a man who had suffered
and worked and traveled had
encountered o p p o s i t i o n had
lived the dreary routine of his j
days existence and accomplished ;
things despite ' the opposition
amidst discouragements and diffi-1
culties and his life was made
more beraable by day dreams of
his trips upon a yatch and with
a congenial party. He travelled
over Europe and . reviewed the
galleries and talked with poets
and sages but some ruthless rob
ber comes along and ' tells him
that he is wrong and that this is
a sin and useless and so worked
upon him that he lost thai flea
stare an& his faith' and endurance
weakened. - A pickpocket of the
spirit ; was " what he .was 'and
should have been given a ; long
sentence for taking, away , the
staff of a busy but dreamy , life.
Louise Alcott has told ' us , of
some little ones who lived in the
life afar off. The dolls were per
sonages of a different life from
the narrow pinched one in which
tney lived ana the - dreary sur
roundings were beautified by
the thoughts of what it might be,
but one day some ruthless person
for a little lack in service or
some absent minded response-
spoke sharply and censured her
for doing and making believe so
far as to neglect the duty and the
oy of the little life was crushed
it was a ruthless pickpocket that
entered into the spirit and robbed
the most precious possession and
one that never could ; be given
back.'-'
We wonder often if these bur
glars that enter unbidden into
the, life are not more reprehen
sible than the robber of houses.
Parents and teachers have to
be 'well careful of how they de
stroy these dreams or ideas of
the children. We who are work
ing for the moral uplift of the
world should be careful of how
we tear down J,he cherished hopes
of others.v "- ... -v f . '
. " The doubter and sceptic who
does not believe and who tries
to take away this delusion (as he
calls c it) of others .is nothing
more than a pickpocket ahd a
burglar. He is entering the
spirit and robbery it of its most
cherished treasure. If you are
doubtful keep it to yourself, dont
(cb others. . Let the people have
their dreams and illusions. They
may work them out and at least
they help bear the hard things
of this life. :- ' ? r ;
Don't be a pickpocket of the
Spirit. Youths Companion.
Frank Rigsby, whom some of
the citizens of the town will re
member, and who has been stay
ing vr: h Dr. Maxwell at Beaufort,
N. C, f r the past several years,
h Vic:'. :.' J friends and relatives
i:i Mr&Lall.
i of tts Vi;lcus,
V. read an essay by J.
G. i lou the subject of
tL;',3 : 3 and the truth of
much l s ihe-,' says, is so appli
cable to cur? everyday life and
tne woi I j around - us that we
cannot help but make it, a basis
for an editorial." 1 As there is one
class of men in the world which
is interested? in magnifying the
sins of others, so there is another,
Tiardly less numerous, bent upon
making the sins of others re
spectable.'i.i Izf'''
v You neveif see dinners given
to $1 iltonj Martin Luther, Cow
per, Bunyan. and others who
were, good -In their greatness.
ButVou see bumpers drunk to
Burns, Goethe, Byron and others
like them men whose weakness
call for an tfxtra cloak of - pity
and whosi ices : make sight
drafts on alHthe ready charity
in the market ' ! c ' -
One of the most fallacious and
mischievous of current notions
is that grea talents offset great
Vices : and . that . because men
have above dispicable and hor
rible in' unbridled ambition and
limitless lust, ' .
And when we come down to
our own circle do we not apolo
gize for vice or habit and by this
apology canonize it, for the pure
cannot attain anything. When
men glory in this-r-when it is
common report that such things
are ! done things ' that should
bring a blush of shame to" the
face and we pass oyer it are we
not placing vice on a - pedestal
and virtue in the mire. : -
He who spares vice or apolo
gizes for it in any place, wrongs
virtue in every place. He helps
the good to took upon it leniently
and thus to lower the tone of
morality in themselves. He as
sist the bad to make it respect
able arid thus to give them wjfr-.
rant and license in its imitation
arid even In its emulation. He
discourages virtue in the' humble
and poor, tfie great masses who
form the real basis of society
and upon 'whose goodness and
truth the stite must rely for its
character '""if ore the world and
its stabi"
the -world. He
apprehensions
disturbs
andjthe
Vof italentthy
have cfc
yjt as Dad as tney
se a man has power
wish. . B
or riches' thedecalogue 4oes not
rule for him while the brother
of less talent and less wealth
will be held responsible . for
obedience to sthese laws. . The
result is ' that all "canonize vice
and the excuso.that" the poorer
man is not given justice finds a
basis '. of truth if we look at it
fairly, for one law, should rule
all. : And men high up In station J
be it for money, intellect or
power, whose faults are condoned
do it because' of the indulgence
with which they are treated by
men in general. ' ' -
; An unprincipled man (and we
use the phrase for any that does
wrong knowingly) who can
achieve and maintain power over
the minds of good men indepen
dently of his" moral character,
and secure at the same time the
sympathy and support of bad
men by participating la their
vices; will always do both. ; The
prevalent disposition which is
seen on all sides to make heroes
and martyrs of the infamous
great, amounts to a premium on
all that unsettles the moral bal
ance of all to . whom his wprds
and influence come.
Let us braid no more wreaths
to hide the mark of Cain on the
brow of murder. Let us send
up no more clouds of incense to
hide the front of shame. The
intellect will bow, if it must, hut
let it be with a protesting tongue
and arms closely folded over the
heart. - S . -'.
Are these not the thoughts of
a sage and a teacher? Vice
never should be tolerated be
cause if it is, virtue isi wrong. ,
We have seen v' -a roverd ud
and"the protesting vc ice hushed,
but every time it i s vice becomes
stronger and more reason of ex-,
cuse is given. , s.,
Let there be no ;re canoni
zation of vice, t ' v r com
mandment of the ' ",;ue it
transgresses.' If i c i
ice, we extol virt , lut if we
condone it, we tra virt 3 in
the dust. -' i
What h f ,3 rage anyhow? W
read pf mm y ho stand up in the
firing line and are ready to t,Ive
and take and the Immediate ex
elamation that forces Itself from
our lips is what nerve, what
courage 1 Then it seems as
the only- vantage ground " from
which it may be shown is in wa?J
or on the battle ground or in the
stirring scenes of .border war
fare or minine camp. ' But in
piping times of peacer the'eour
aee which is shown in battle is
just as inherent 4n man, as in
these times of strife, and often
times it is more difficult to show
than on the battlefield. Physl
cal courage is oftentimes reck
iessness only and wiien one lacks
this recklessness he passes for a
cpward.; : Phsycologlsts r would
tell us that true courage is the
strength of spirit or intellect
over matter as it is manuestea
in our bodies and the most dan
. 9f . -
serous person is the one wno
lacking this intellectual courage
and acumen, gives away to reck
Iessness. Many a man kills
another, not because he is cour
ageous but through pure cowar
dice. He is so much cowed that
the only way he sees to get out
is to shoot an.d kill. 1
- True courage does .what is
right, not consulting the cost of
things or looking to what it will
lose. ;.:"r,v 3,;-'''
Ju the battle for right It will
stand and be assailed, but will
k'&p on with the battle until
right wins. And the one who
stands up for right, cost what it
may, has greater courage than
he who faces a posse of officers
Or dares the danger of a fight;
We have to look at, things from
the right view-point and if we
do will gain. the battle over self
and over the enemy. X.V.
HQ wno tights and runs away
will live to fight another day" is
couplet that we have often
used to show up coward. But
he who has true 'courage will
oftentimes give away to seeming
ly cowardice in order to morally
win out. - v '
' There are men, who will stand
at bay for hours: when they can
fight btck, who grow pale with
frjgh when they J have to fight
with . one Ihey 'cannot fight
against. ' Places where firearms
are useless and only the Jnnate
courage of the spirit disease
arid wrong moral obliquity un
justly burled against us and the
fight that Only ; time can' end
these are some of the things that
test a man and his'courage, arid
oftentimes the greatest heroes
are those who have stood these
things arid never whimpered,
Some cannot understand others
willbut the world will have to
admit that these are her heroes,
.We will have to raise our ideas
of heroism. The trouble with
us is that we have still the tales
of Roland in the peers of Charle
magne or Richard Coeur de Lion
of rollicking fame, bute world
has changed and the fight is not
of lance or battle-ax in - lists of
Ashley nor the plains of France
in medieval ages, fighting for
glory or her lady's smile, but
with' weapons that are moral
the big stick, the word,- the pen,
and the lists are men's brains
and hearts arid the sponsors are
right and justice. It requires
courage: to . fight these for they
threaten loss in many ways tho'
it may be but ' temporary, and
contumely and dirision. .Many
a man falls before it. He alone
who. is strong with courage will
ride through it and at last be
crowned with success. '71?i :-k
TO THE TAX PAYERS OF MAD
ISOIf COUNTY. ' -. 't .
It appearing, to th Board that
yanous tax-payers . throughout
the county have failed to list
their tax for the the year 1909 as
prescribed by law, notice is here
by given that all persons , who
fail to appear " before -'James
Smart, Register of Deeds, on or
before the firstMonday in Sep-
teiiiber, 1909, will be prosecuted
to the full extent of the law. :
J. C. Chandley,.'
Ch'm. Board Commissioners.
-'jArr:3 Emaht, ' ,
-Clerk to Boar J.
r :To makp money for our ctcc!:
holdcrs. .
To loan money to our customers.
; To j)ay Jnterest to our depositors.
To keep safely all funds entrust
ed to us,
Give us-your business and see howpleasant and
profitable it is to carry an account with
- ' " r: K ' j v
The Bank of French Broad,
- Marshall, N. C.
REPORT OF THE CONDITION OF
THE BANK OF HOT SPRINGS,
" ' HOT SPRINGS, N. C. ; .
At the close of business," June 23rd,
1909. . .' . v. :: .vi;.,;
' RESOURCES: -,',
Loans and Discounts.... $13,282.20
Overdrafts... ' 399.8a
Banking-bouse and fixtures. . 3,049.12
Due from Banks and Bankers '.
' and cash. . , ... . ..... - 5,815.92
Total .'. . . ..122,647.09
, UABILITIES:
Capital Stock $10,000.00
Undivided proflts, less current
expenses and taxes paid... 1,113.38
Notes and bills rediscounted.. 800.00
Deposits subject to check. . . . . 8,668.50
Demand certificates of deposit 1,928.62
Cashier's checks outstanding ' 36.69
Total. .
.$22,647.09
North Carolina Madison County.
I, C. J. Ebbs, Cashier of the above-
named Bank, do solemnly swear that
the above statement is true to the best
of my knowledge and belief.
- -. , : , C J. EBBS, Cashier.
Subscribed and sworn to before me,
this the 30th day of June, 1909..
Jasper Ebbs, Notary Public,
Correct Attest;
Tho8. Fbisbee,
Ohas. Boboin,
. , . C. J. Ebbs, -
Directors.
Southern Railway
; Company
SCHEDULE OP PASSENGER
' ' . TRAINS. "
N. B. Following schedule figures
published only as information and are
pot guaranteed, V- . : - "
. , -.
Etmt Bound
(Central Time) . '
No. 36, daily. . .due 6.-00- a. m.
No. 12, daily..... ......due 2:12 p5 m.
No. 102, daily...... ...... due 8:38 p. m.
Uet Bound ,r.if"
No. 35, daily. . . . . ... . . . .due 25 a. m.
No. 101, daUy..,. JU...due 65 a. m,
No. 11,-daily. , . . . .TTT.. .due 25 p. m.
Subject to Changs wrrHOtrr Notick
W. A. WEST, U J, H. "WOOD,
Agent,' ,; C I . Dist. Pass. Agent.
Marshall? N. C." . Asheville, N. a
wiiiifiniiiniiuHmiHMiHHM
Notice of Sale Under '
Execution, '
Under and by virtue of an exe
cution to me directed by the
Superior Court of Madison Coun
ty in the case of Roberts, Miles
& Company against A. E. Shaw
and Francis T. Shaw, I will on
Monday the 16th day of August
1909, it being the first Mondav
of the August Term of the Supe
rior court of Madison oountv
1909, sell at the Court house door
in the county of Madison and
State of North Carolina to the
highest bidder for cash, all the
interests of the said .defendants
A: E Shaw and Frances T." Shaw
in and to the following described
tracts of laad, situated in . the
Town of Hot Springs, ; Madison
county, N. C. bounded as follows:
First Tract: Commencing 200
feet from the corner of Bridge
and Walnut Streets, thence with
Bridge Street 100 feet to a stake
thence south east 800 feet to a
stake, "thence north east 100 feet
to a stake, thence 300 feet to the
beginning, containing one acre
more or Ws."
Second Tractr 1 beginning on a
stake at the corner of Bridge and
VV alnut Street.. andN runs south
west with bridge street C30 fort
to a rock vail, thence soutl.o- t
-h said wall or fence 511 f
a j'T.' ii i'nc3" of tV.e r
Loii;,a lot, tLence ea-1 100 ;
w;' 'i f 1 f to t' 1 1 a I
west with said creek 641 to the
beginning, containing seven
acres more or less. In this track
is excepted the Merrill lot.
' Third Tract: . commencing on
a stake on Walnut street in the
town of Hot Springs just 200
feet from Mrs. C-"T. Rumbough's
vegetable " garden and former
dwelling ncuse recently sola to
PYances Rebecca Shaw," thence
110 feet in a south east direction
with said street to Spring Creek
road 200 feet, thence to original
line, thence south west. 200 feet
to a stake, thence northwest 100
feet to a stake, thence 800 feet
to the beginning, containing one
and one half acres more or less.
Fourth Tract; beginning on a
stake 18 inches south west of a
triple black walnut now a stake
the walnut being gone at a point
opposite the intersection of Wal-'
nut street with Spring street and
Hill street and runs north 52-
east and parallel with Hill street
146 feet to Conway street, thence :
south 52 east and parallel with '
the said Conway street 91 to a
stake, thence south 52 west 146
feet . to spring . street, thence
same course 90 feet to Spring ,
creek; thence north 52 west and
with the neandera of said creek
to a point opposite and on a line
with said Hill street 91 feet to a
stake at the upper end of '.the
turn hole in Spring Creek,
thence north 52 east 90f eet to the
beginning,' containing about one
half an acre more or less.
Fifth Tract: beginning on the
sou th east" come r Skwab,.! "
Fall's lot on Walnut street, . 8
feet from the corner of Hill and
Walnut street,' thence north west
with Walnut street 80 feet to a
stake in -v Ward's line, thence
north east 100 feet in a parallel J
line with the division fence of
D. H. Ward to a Btake in the
Southern , Improvement Com-'
pahy's line, thence southeast with
said Company's line 80 feet to
another corner of Sarah McFall s ,
lot, thence southwest with Sarah
McFall's line 127 feet to the be
ginning,- containing . aoous one-"
half acre;" v -: ;"?.
Sixth Tract: beginning on stake in
the corner of Bridge and Walnut street. .
and runs south 67 1-2 west with said
Bridge .street IS and 15-100 ' poles to a
stake, in the corner of the Neal and
Nicholson lot, thence same course and
still with said street 2 1-2 poles to
stake, thence south 5L1-2 degrees west
and still with said street 2 1-2 poles to
a' stake, thenoe south 44 west and still
with said street 2 poles to a stake,
thence south 21 west and still . with
said street 28 poles to a stake at a point
where this line oaosses said Bridge
streetr thenoe same course In all 39
poles to a rock wall fence, thence south
09 east and with said wall' or - fence 12
poles to a stake, thence east and still
with aid. wall or fence 10 poles to the
end of said-wall, then north 30 east and
up the side of a bluff or ridge 8 poles
to a stake on top of said bluff or ridge,
then south 62 1-2 east and with the top
of said bluff or ridge 22 poles to a sweet
trum tree on the west bank of Snrinir
creek, thence northwest and with the
meanders of said creek 18 poles to a
stake in the line of Merritt lot, thenoe
north 6112 east and still with the
meanders of said creek and line of said
Merritt lot 12 poles to its northeast
corner of Walnut street, thenoe north
35 west and still with the line of paid
Merritt lot passing its corner northeast
at 110 feet and still with said Walnut
street 39 poles to the beginning, con
taining about eleven and one-half acres.
Seventh Tract: beginning on a stake
18 inches southeast of a triple black
walnut, now a stake, the walnut being
gone at a point opposite the intersec
tion of Walnut street with Snrintr and
Hill street, and runs north 62 east and
parallel with Hill street 14'! f -ft to
Conway street, thence south 62 (': :c
east -and parallel, with said Conn- '
street 91 to a stake, thence south l -west
148 feet to Spring, street, then-rt
same course 90 feet to Spring Cret-x,
thence north 62 west and up and yl'
the meanders of said creek to a iv" t.
opposite and on a lino with sv.d i.-.l
street 91 feet to a stake at the i -r
end of turn hoie in t-'priniy creek, t . x
north 52 east 9o f "t to t,.e lx ;rui
containing oi-e-hu J a re. " --
Eighth tract: bf- " ' on 'e "i"
pst corner of ( 1 i . t
Walnut str,, r 1 f t i t .
Cf li.il X f .i ,.!.t B 1 .
Si: 'i ill a I
O.I 'r i
t3 !
Prof. II. T.
been spe;;
field, Va., v-.
ITunter,
;f ; f
i i i !" i
o 1.
Las treated the R
a new coat of pai
::.uch ta the loci,;
We notice that