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Vol. 3X
No. ,1897.
' . HONOLULU. TERRITORY OF HA WAIL! TtTESDAY, JULY 23 1901
Pbiob 5 Cents.
BULLETIN
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Pill OF VMS
EXPLAINS LAWYER LONI'S
CONNECTION WITM! CASE
Dictated Story of Mouses Leading
Court Episode in yHtieb Judge
- Gear ., Questions
Methods.''
J. M. Vivas dlotated Ihe following to
Bulletin reported this morning:
"Thinking that the matter deserves
n true statement of facts. I wUb to say!
"Some time ago I gave. a bill to Mry
Long, ordering .him J, to bring vsuTf
agalnsljxcrr & Co. 'tUti demand. Vas
made, a difference of opinion arose be
tween niveclf rind Mr. Long as to the
Vi proceedings to be brought. Mr. Long
rcfit8lns'vto bring suit as t wanted, the
matter n& dropped. I employed S. V.
Chllllngworth to sue on said bill. The
rase was tried before the District
Comt and appealed to the Circuit
Court, Jury waived. When the calen
dar of Jury waived enscs was called,
tho case of Vivas vs. Kerr was called
tind answered ready for the plaintiff by
his counsel, but no appearance of de
fendant or of any one on his behalf was
mnde. The court ordered the clerk to
notify Mr. Kerr to be In court the fol
lowing day nt 9:30 a, m. On that day
nndv'hour, 1 being Ignorant lhat Mr.
Kerr had any attorney, heard that Mr.
Long rcpiesentcd Kerr & Co. Where
upon, I Immediately called the attcn
tlon of Mr. Chllllngworth to the fact
that Mr. I.ong had had the bill with In
structlons to sue previously.
"-The following day I met Mr. Long
nnd called his attention to the same
fact, w hereupon, he offered several ex
cuses and I told him that as far as I
was concerned, that I didn't care about
'the matter, as the case was In the
hands of Mr. Chllllngworth, and that
he coiild do what he pleased about It.
"TheVmatter leaked out at the trial
of said case by an answer of Mr. Kerr,
and the court thereupon took the mat
ter up. The only thing that I stated
.during Mr. Long's explanations to. the
"'court, was that I had spoken to him
as above stated, the day after he ap
peared for Mr. Kerr in Circuit Court,
but. took no sides .with Mr. Long
against the comments of the court aa
they werc Just and mild under the cir
cumstances and would probably have
luen mqrcsevcre It I had mentioned
th wfr4!e- facts.' W"
4
Kawaiahao's Organ
Ready
for Dedication
The erection of the largo new pipe
organ In the Kawalahao church Is now
completed lt.waB bulR by the Berg
Strom Organ Company of San Fran
cisco. The Instrument has a very at
tractive nmiearance and Us tone Is
nil that could be desired. The organ
will he dedicated during the first week
in Aumist with a fine program of
music. Among those to tako part In
the dedication will bo Mrs. Tenny Peck,
Miss Edith M. Rogers. Maurice Beck-
wlth, Kawalahao choir and the Ama
teur Orchestra. Mr. A. B. lngalls, or
ganist of the Central 'Union church and
Wray Taylor, organlsof St. Andrew's
Cathedral will both preelde'at the new
Instrument
m m '
HONOLULUAN8 IN PHILIPPINES,
It might toe Interesting" to local
friends of Honolulu people In the Phil
ippines to know Just what some of
them are doing. From Captain Paul
Smith was obtained tho following:
Louis McOrcw tg one of the head
clerks 'In the quartermaster's office in
Manila. Chas. McQuIre Is In the Water
transportation branch of the same 'de
partment. Jack Dempsey Is a clerk In
the-ojiartcrmaster's department.
SanNWIddlHeld Is second lieutenant
attachcdMo the 4th Inlantry and not
first lieutenant as some of the Honolu
lu papers have had It.
Miss Ethel Mobsman Is teaching
school In Manila. She ts doing very
'!-n'
y
THn RESIDENCE OF
H. S. TOWNSt-ffD
in manoa Valley
is OFFERED : : : : :
For Rent
Par.ly fui Islied, for one
or two years at a very
' low rate. Ten large
rooms. Supert) View.
Cool. Three minutes walk
from car line. Fine loca
tion for boarding house.
Call on :,:.!' :
J'-A
SixG8rdpams
i ii
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McClellan, Pond & Co.
i ", ,
xldJteikmhlli&m& :... , A-jLAi. .riitaM.iAJkalS
well, is enjoying good health and likes
her surroundings very much Indeed, f
U. Ordwajr Is attached to" the 35th
Regiment bM and ts virtually the
neglmeht bud and If virtually the
matter of baid'lnstrtimenU makes him
Indispensable In the band of the 38th.
P. Stanmore Is still running his sa
loon in Cavlte. .,,
, PAMIA'8 HABEAS CpRPUS. '
Frank Pahla' was produced' before
Judge dear yesterday at 4 o'clock by
"High Bherlft Brown on a writ of ha
beas corpus Issued by Chief Justice
Frcar. Pahla was'admltted to 50 ball
and his hearing continued to 4 o'clock
thfs afternoon. Robertson & Wilder
appear for petitioner; George A. Davis,
amicus curiae, and E. P, Dote, Attorney
Oeneral, for" respondent High Sheriff,
The Reason Why..'
' Bthel Say, draco, where did you get
ttfose nice Oxford ties?.' r
Grace Oh! I got' those at' the Manu
facturers Shoe Co. s. You know they
have a sale on there now and are sell
ing shoes at half price.
For groceries ring up Blue 911.
1 MMM
CRIMINALS CONVICTED BY
MAJORITY JURY YERDICTS
Constitutionality Argued by Attorney
General Dole and F. H. Brooks
Before Judge Gear
Today.
The constitution and flag controversy
It still raging and Is now being fought
out In the Circuit Court of Hawaii.
The habeas corpus matter brought
by Attorney F. M. Brooks, In behalf of
Goto, a Japanese In prison for rape and
Ah 01, a1 Japanese, In prison for bur
glary, came on for hearing before
Judge Ocar al noon today. Goto was
found guilty by a majority verdict of
9 to 3 and Ah 01 by n verdict of 10 to
2. It Is on this point that Mr. Brooks
seeks the liberty of bU clients claim
ing the .conviction 'was toitnjry to the
Constitution of the United States. The
convictions were mado during the
"transition period," aperlod In which
the Supreme Court of Hawaii has 'held
(he Constitution was nut In force In
Hawaii. The Supreme Court of the
United States in the Insular possessions
decision held that the Constitution
came here with the passage of the
Newlands Resolution.
This case was brought up once be
fore In Judge Gear's court. At that
time the United States Supreme Court
decision had not been officially received
here, so the case us postponed. To
day official copies of the decision were
In the hands of the Court and attor
neys. Atbrney General Dole was In court In
behalf of the Territory of Hawaii, to
contend that the prisoners were prop
erly convicted and legally held In
prison. He presented n brief covering
fifteen typewritten pages. Orally nd
dressing the Court, the Attorney Gen
cral said that his position Is: First,
that the Constitution docs not neces
sarily per sc go with the flag; second.
that under the condition in Hawaii at
the time, under (t he Newlands Resolu
tion and the proclamation of Presi
dent McKlnley, the, first tin amend
ments to tho Constitution of the Unit
ed States did not take'effect hero until
'after the Organic Act was passed.
The Court asked the Attorney Gen
eral what he thought of the decision of
the Hawallan'Supreme Court, where It
held thfet the Newlands Resolution
was only declaratory, In that part say
lhgMbnt existing laws of Hawaii not
contrary to the Constitution of the
United States' shall remain In force.
The Attorney General, refused to re
mark on this decision. He maintained
that Congress could not have intended
the suspension of all piotectlon In Ho.;
wall against murder, rape and all kinds
of crime.
Attorney Brooks relies. on the late
decision of the Supieme Court to up
bold his contention that his clients
shoufd'bo liberated.
.Decision will be rendered by the
Court, tomorrow,, morning nt 9:30
I
WILDER (DPTIli
There have been thiee, promotions
among the ranks of the youngor cap
tains In the Wilder Steanshlp Co.'s
employ this week and congratulations
are In order. The changes were mado
necessary through (he resignation of
Captain Mitchell of the steamer Kam
lanl, stationed at' HUo. Ills position
being vacant It was filled by. appointing
John Dower former captain of tho Le
hua. Captain Napnla of the Mokoltl
suceeds to the Lchua and Mate William
Bennett of the Maul goes as captain of
the Mokolll. Captain Dower left In
the' Klnau today to take bis bow com
mand. Captain Napala takes the L
hua this evening and Captain Bennett
msiiA his first trip In the Mokoltl last
night. , l..i.i
P
HAYWOOD'S IDEAS
( OCOFFEE DUTY
One of the much mooted questions in J la wall Juit now Is that of
e an Import duty on coffee and'the possibility of Congress taking ac-
tlon on the appeal of the local Legislature. Everyone Interested has
his own opinion as to what should bo done but when It Is a question
e of what actually will be done, then there' Is a natural shaking of
heads. Wm. Haywood, former V. S. Consul at this port, lsa man
e who for months past, acting as the special agent bf the sugar corpor-
attons In Washington, has had occasion to take.nottce of the dlscus-
slon of the many agricultural questions In the Congress of the United
States. Naturally he has formed some opinion's and,, In relation to
coffee, he has something to say. ,
Speaking to a Bulletin reporter this morning Mr. Haywood made
the statement that there was not one chance In a hundred that an
,4 lamrt duty on coffee would be secured. Continuing, Mr. Haywood
4 said:
' "As you well know, tariff tinkering Is hard ,to start. Hawaii has
her petition In asking the Congrcjs of the United States to protect
e- her coffee Interest!. Other States and Territories arc ready to
Jump In as soon as there Is an opining for each has n special pet
stowed away somewhere. "
"Congressman Babcock has signified his Intention of Introducing
a measure at the next Congress which will call. for the levlslon of the
tariff. His arc "specific measures nnd, even I(,tlicy nie dealt with, It
e will simply be a case of trade off. Ho will votp one wn (or some of
4 the Congressmen nnd will expect them to dolhc same forhlni. Ha-
wnll will haic no place since our Delegate has no vote to trade off.
"However, I do tint believe tills matter will go ns far ns I have
Just supposed. I do not believe there will bo a revision of the tariff
I'll any respect. As you welt know, tariff tinkering means about the
whole session of any Congress ami It Is safe to suppose that, with the
many Important Issue such as he new Chinese exclusion net and the
Cuban question that must L"v considered, thcrewlll belittle placa
for the consideration of the revision of the tariff., -
'I will give you still another renson why I do nut believe an Im-
port duty on coffee Is nmong the possibilities. The raising of coffee
In tho United States Is not a widespread lndustt,1. It Is confined to
Hawaii. Coffee drinking In the United StattW (plyersal and the
consumption of coffeo has gone beyond the stage df-. luxury. It has
become n necessity, jWV
"If coffee wwc grown In the Southern Stales aira ft the West.
then there would be some chance of our obtaining' fta Itvport duty
for It would then affect the farming class as a boje'jbut Just suppose
we were to place before Congress the amount of cbffeethal-l ex-
ported from Hawaii for one single year, why, It would not even make
a decent showing as against the coffee that s lmiorted from for-
elgn countries'., Is It reasonable to suppose then that Congress will
e Impose n duty,on coffee when there Is Bitch a mite at stake. I think
not. f,r- )
h "Sugnr Is produced In the Southern States and the beet sugar In-
dustry Is looming up In the Western States. If these were not facts,
there would beno duty on sugar. Here we hae something to pro-
tect.
"Of course, there Is no harm in making an attempt to secure an Im
port duty on coffee but, as I said before, I do not bellee there Is one
chance In a hundred thnt wo will be successful."
lluOSlllNllliOi
SHE WILL GO TO EXILE !
WITHOUT APPEALIN6 CASE
Tin Yee Her Alleged Husband Will
Sell His Rice Plantations
and go With
Her.
Kut Yang., the Chinese woman who
was ordered deported to China, by de
cision of Judge Estea yesterday, will
not appeal her case. She will gather
together her luggage and return to her
Chinese home without a whimper.
True to tho Instincts of a loyal lord
and husband.TIm Yee, tho rlco planter,
who could not convlnco the court that
Kut Yong Is his lawful wife, will sell
out his holdings, his rlco mill and wa
ter buffaloes and sail back home with
his wife. Owing to this Oriental dis
play of Western chivalry, the, lovo ro
manco of this couple, told In the Bul
letin last week, will proceed upon Its
happy course In splto of Exclusion
Acts, courts and prosecuting attor
neys. ''
Yee has a rice business amounting
to about 0,000 per annum and ownB
property on Hotel street. Ho will closo
out his affairs and. If possible', go to
China upon the same steamer which
carries tho banUhcd playmate of his
childhood, ino girl whom he now
swears by all the holy dragons ts his
wife.
NOW IT 18 FOOTBALL.
Iow any one can talk football dur
ing tho present prevailing hot weather
Is a mystcry.-and yet tho most ener
cetlc of tho cnthusla"stB aro talking
the gaiJio already. Tho Honolulu Ath
letic Club will call a meeting soon, to
takoM'laco on the. evening of, Aug. 1
'AWI&uU ,tlmosUps;,fQw(atil tb njas
tlon'of'a football tcaw-wlll' betaken.3
ind. after this has been done, thojelub
will undertake to stir others up to takf
llko action.
Football has riever been very popu
lar In Honolulu on account of Its In
appropriateness in climate such as Is
experienced In tho Islands throughout
the year. Nothing daunted, however,
tho Honolulu Athletic Club Intends to
push tho work, along.
i r-
Tho transport Orant from San Fran
cisco wag reported off Koko Head at
1:30 this afternoon! Captain Brugulere
her commander Is a son-in-law of Mr.-
and V". 3. B. Rose ot this city.
6end your Packages
THE COAST
by
to
MERCHANT'S P'ARCBL
DBLIVERY
Telephone 621.
..
WIFE AND IIMAND OF '
TWO MONTHS N COURT
Temporary Alimony of $10 Per Week
Agreed Upon by Attorneys
Counsel Fee and
Costs.
Jonah Kumalae, tenso. nervous, ap
prehensive and with pain visibly de
pleted In twitching moilth corners, sat
behind his attorney, , O.Aclil. in the
Circuit Court today to answer the de
mand of his oung wife for temporary
alimony and pioney.to pay her lawyer
In tho divorce proceedings begun yes
terday. Mrs. Lena Kumalae, who so anxious
ly desires to be rid of the name she
has borno but sixty days, sat behind
tho railing In the courtroom. She Is a
rare type of Hawaiian beauty and
shows In tho largest degree the extra
lines of refinement which education
adds to a naturally beautiful face.
When the case was called, Wj C.
Achl. for respondent, and J. T. PeBolt,
for tho plaintiff, arose and stated to
tho court that they had agreed upon
temporary alimony for Mrs. Kumalae
to tho amount' of 110 per week whllo
tho dlvorco suit Is pending, $S0 to be
paid plaintiff's attorney on account ot
fees, and 122 to plaintiff herself for
court costs already accrued.
An order embracing the agreement
of attorneys was made by Judge Gear.
In the suit of J, M. Vivas vs. L. R.
Kerr, Judgment for defendant was ren
dered by Judge Gear today for defen
dant. In the estate of Allnu. the Court al
lowed W. W. Thayer an attorney's fee
of $10 to bo charged out of adminis
trators commissions.
'I .'W
C. G, Ballentyne, manager ot the
Rapid Transit Company , asked this
morning regarding a report that Japa
nse are to be employed as motormen
on thefnow railway system, denied tho
roportjvory decidedly. "' '
He aald that In no case would Japa
nese, be employed In' positions as con
ductors or motormen. The company
has already a number of applications
from men who have bad experlgnco on
tho Mainland as motormen, and tlioyi.
people will bo looked out for and
placed as soon as possible
worn on closing tho-gap in tho tracK
between Punchbowl and Alakea
streets will begin tomorrow, Tho dis
agreement over tho purchase prlco be-
twoentho owners of a small pteco of
property, extending across tho com
pany's right of way, and the company,
has 'been settled,, and, with fhe com
pletion of this small piece of trackrthe
rS . .l1 .
-;'"flVWF -mi Vf-l
MOWED
Will NOT BE HID
road from Punahou to Wyllle street
will be ready for.vecratton.
The next thred w'eoks'should seethe
cars of the
running.
Rapid Transit Company
New 8tohlea.
The new stable building on the
Brown premises, opposite the Hawaii
an Hotel. Is rapidly nearlng comple
tion. All the hackmen of the 191 stand
have decided to board their horses at
the now stables, so that they will not
have. more than a few feet to go when
they are ready to put up for the night.
Jim Brown will be manager of tho
whole thing.
Kaluna Brought to Honolulu,
Sam Kaluna. the natUe accused of
tho murder of Yoshlta en Hawaii, was
brought here In the Manna Loa this
morning to be safely kept until ready
for trlah
Out-of-town subscribers to the Even
ing Bulletin are requested to send In
their POST OFFICE addresses at
once, otherwise the paper will not.be
accepted for delivery by the post
office.
Nippon Maru oft Koko Head nt 2 p.
IS 11!
WHAT HE HAS HE WILL
HOLD IF HE CAN DO IT
Red Tape to be Observed by Holders
of Unused Revenue Stamp3
-- . . is a Yankee v
. Trick.
The (llftor of Internal revenue is
not overrun 'with a stampede of people
after rebates for revenue stamps pur
chased before July 1, and which aro not
icqulred by law since that date. Reve
nue on clgars'and tobacco was reduced
nl that time 20 per cen. Proprietary
stamps on all articles except wines
were abolished nnd documentary
stamps on notes and checks wero rele
gated. People holding unused pro
prietary or documentary stamps in
amounts of $2.00 'or more arc entitled
to a rebate. Tobacco dealers who hac
overpaid may secure reimbursement It
their claims amount to $10 or more.
In Honolulu therehsMjtwen Utlt
fifteen applications" from .tobacco 'deal
ers for rebates and-'very few, outside of
the banks have presented claims for
unused pioprictary or documentary
stamps.
Tho technical process of perfecting
3 $2 claim for this rebate Is to tiedlzeu
ed with Uncle Sam's beU brand of red
tape, that the average citizen would
prefer to lose the amount than try to
comply with tho requirements.
The first step In the maze of this
process to recover on $2 worth ot unus
ed stamps. Is to make out an nllldavlt
as long ns your arm, gnlng name, and
luslness; date of pmrhase of the
ftnmps and reasons why their redemp
tion Is sought. With this affidavit.
must be accompanied, the collector's
rertlOcate of examination Into tho
truth of the allegations It contains.
It must be accompanied by the rollee
tor's rerommendatlon.lt must also hae
a certificate from the collector that he
sold the stamps on the nlleged dnte giv
en In the atfldavlt.
If all this Is welt and properly done,
the claim Is accepted at the local office
and Is forwarded to Washington where
It passes the gauntlet of scrutiny again,
If found O. K, as to form and fact, a
check will be sent 'to tl.e claimant for
his $2.
The requirements are so rigid, that
Uncle Sam will bo several hundred
thousand dollars ahej-l by reason of
the holders of unsued le venue stamps
falling to make tho effort to have them
redeemed.
BORN,
KEKONA In Honolulu, July 23, 101.
to the wife of Richard Kekona of
School street, a son,
BARRY In this city. July'2.1, 1901, to
the wife of W, P, Barry, n daughter.
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LADIES' SHOES
beginning
Tuesday Morning
JULY 23rd.
Also 500 Pairs of Ladies'
of odd sizes reduced to 75c
We msv have your size and If
In. Don't forget the place
MANUFACTURERS
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s-ttttaaanaaaauaaaa
.Li4M?ttMi,'U, .. i ie iWimilrJsitvis inn iJL'?,
nmm wi
MARIPOSA CAPTAIN IS
PRAISED BY VOYAGERS
His Fine Seamanship During Recent
Terrible Storm Commended in a
Presentation Crew
Remembered.
A very pleasing ceremony took place
on the Oceanic S. S. Mariposa when
that vessel was last In Auckland. It
was the occasion of the passengers
making a presentation to Jas. Reunle,
the captalu, and chief officer Watson,
In recognition of their exertions In the
severe gale which the Menmcr met on
the trip across from Sydney. T. B.
Moorliouse made the juesentatlon, say
ing that It had been decided that before
parting the passengers should perform
some ceremony to acknowledge Cio
sen Ices of their captain, who, though
tho sea ran mountains high and tho
wind blew n hurricane, had safV
brought his cssel Into port. He thank
ed the captalu nnd ofllcers for their
endeavors and for the skill and cour
age displayed by the crew. He then
presented Captalu Reunle lth n hand
some gold locket, Inscribed ns follow'
"To Captain Jas. Retime, July .", 1901,
a souvenir from the pussengcrs after
a perilous oyage."
Mr. Geo. Pcnboss then read the ad
dress, which Is ns follows: "July J,
1901. To Captain James Rennle: Dear
Sir: We, the undersigned, passengers
on the steamer .Mariposa of the Oceania
Steamship Company, which sailed from
Sydney on the 29th ot June, 1901, recou
nting and appreciating your valuable
services and skillful seamanship aided
by your officers and crew In bringing
us safely through a perilous voage
during the gale tatting from Sunday
noon, Juno 30th tb'the morning of
July 2d, desire to place on record the
evidence of our gratitude to you."
Signed on behalf of tho passengers, T.
E. Moorhouee; Delphr Bug., chairman:
Mr. Bondurant and Geo. C. Penboss,
Sydney, secretaries, Messrs. Hdvard
Grlmvude. J. M. Sinclair. C. H. B. Cor
lett, Harry Pllmmer and P. P. Hoadlqy.
Mr. Moorhouse, In recalling the ser
vices of the officers, briefly eulogised
their'conituct, and .said that the pasacn:
gers also desired to nake some ac
knowledgement of their gratitude, and
wished to present the chief officer, Mr.
Watson, with a gold locket, Inscribed
"Mr. Watson, July ... 190L"
The address presented to Captain
Rennle will be suitably framed and
presented on the arrival of the vessel
at San Francisco, nnd the remaining
Dfflrers and engineers nre also to re-
rehc some token of appreciation Jt'om
the passengers for their efforts In safe
ly bringing the vessel Into Auckland.
S
Hnmlln Got Oft.
B. Hamlin, former cabin boy of tho
C. 11. Kenny ,was arrested yesterday
on tho charge of vagrancy. Two of
his, natlxo companions testified that
lie was in tno nablt or running about
In tho night time and sleeping during
the day In a room at Fisher's place.
Queen street. Tho boy cross-questioned
the witnesses in good shape,
proved that he had money to pay for
bis room, nnd was discharged on pro
ducing a discharge from Captain So
dergren. Rejected Japanese.
Two rejected Japanese a boy aged
14 and a man aged 21 will be sent
home to Japan In the Nippon Maru,
the steamer in which they arrived
These Japanese were, tejected'o'n tilt''
score of having come lUjre on a contract
to work for Wakamura at HUo, this
mode of procedure In securing laborers
belnu against the law now.
The First Battalion. N. O. II., com
posed of companies II. F, A. nnd O,
will drill and parade at the drill shed
grounds tonight. All, members of
Company II are ordered to be present
at 7:30 o'clock, ,
Shares of stock In the Hawaiian To
bacco Co., Star Soda Works and Terrl-
tory Stables Co. aro offered for sale In
an ad under New Today.
i ' 9
Al.A.....Maftll.!..sC...i.l ..
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Ladle'- Lare Boots, h-ind turn,
vsrg top, I 9uls XV heel,
tf.so, cut to .PO
Lsdlcs' Tan Button Moots fG.oo,
cut to $8.30
LaJ'es' Black Button Boot 5 oo,
fj.co, cut to $2.B0
Ladles' Tan Lace Boots, t o-.
f oo, cut to $i.50
Ladlev Fine Ox'orJ Tits. 5 oo.
$6.00, utto $3.00
Ladles' Fine Strap Slipper, Louis
XV hrel, 5-oo, JO.OO. cut U
$S.SO
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Button Boots and Ox Ties
per pair. Come In and see.
we have you will be money
: : : : ::::::
SHOE COMPANY
Fort Street.
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