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The Butte inter mountain. (Butte, Mont.) 1901-1912, December 12, 1903, Image 1

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THE BUTTE INTER MOUNTAIN
VOL XXIII. No. 129. BUTTE, MONTANA, SATU ]DAY, DECEMBER 12, 1903. PRICE FIVE CENT8
JUDGE CLANCY
HANDS IN A
DECISION
Decides Officers of the
B. & M. Are Guilty
of Contempt.
TWO ARE FIHED $300
Moulthrop and Adams to
Pay-Company Also
Is Fined $300.
Judge Clancy found the Boston & Mon
tana company, and J. C. Adams and George
Moulthrop guilty of contempt of court this
afternoon. The decision was in the case
in which the Boston & Montana company
and its officers were charged with mining
ore veins which were alleged to be the
property of the Montana Ore Purchasing
company.
The charge, so far as it concerned B. H.
Dunshee, assistant general superintendent
of the B. & M. properties, was dismissed.
C. W. Goodale, general manager, who was
one of the defendants, was not present in
court and Judge Clancy did not render
judgment in his case.
Defense Took Exceptions.
In each instance the defense took an ex
ception to the ruling of the court and the
matter will at once be taken to the su
preme court.
The contention of the Montana Ore Pur
chasing company was that the Johnstown
discovery vein the limits of which were de
fined in the original Pennsylvania case by
Judge Clancy, extended like a blanket over
veins numbered 3, 7 and to of the Pennsyl
vania workings and included them.
The Boston & Montana company offered
models of the mine in evidence, in which
it was shown that the veins in question
were not only distinct from any veins
owned by the Montana Ore Purchasing
company but distinct from each other.
Throughout 16 days the trial occupied the
attention of the court. Expert witnesses
for the Boston & Montana company testi
fied positively that there was no connec
tion between veins numbered 3, 7, and to
and the Johnstown vein and that there
could have been no trespass.
Decision Date Set.
Judge Clancy announced early in the
week, when the arguments were finished,
that he would render judgment this morn
ing. When court opened, he stated that
he would contimle the matter until a
o'clock this afternoon in order that the de
fendants could be present.
General Manager C. \V. Goodale was in
Great Falls and was at once notified. lie
at once started for Butte.
This afternoon B. H. Dunshee, J. C.
Adams and George Moulthrop were in
court. Judge Clancy asked Mr. Dunshee
to step forward.
"Your attorney, Mr. Forlhis, asked you,"
said the court, "if, under the decree of the
court as you understood it, you consid
ered these veins any part of the Johnstown
vein, and you replied that you did not,
that the veins did not belong to them
at all.
"Your testimony also showed that you
had not been actually directing the work
in the mine, but that you had simply con
sulted with the general manager. You
are hereby acquitted of the charge of
contempt.'
Fined $300.
In addressing George Moulthrop Judge
Clancy said: "I think you have been
over the line a little and have disobeyed
the order of this court. I shall not send
you to jail. I thought at first I should,
but I have decided not to. You are fined
$300oo for contempt. You needn't plunk
down the cash right now; you may want
to take an appeal, and I will give you a
chance."
"It seems that you also were over the
line in these premises," said the court to
J. C. Adams, "and I shall fine you $300.
The Boston & Montana is also found
guilty and is fined $3oo. WVe shall have
to put that fine on one of its officers, I
guess, as it is the only way we can get
at these corporations.
Paroled Until Monday.
"These defendants will be paroled until
Monday morning. I suppose you will
want to take an appeal."
Attorney J. M. Denny, representing the
Montana Ore Purchasing company, then
asked the court that formal order embody
ing the findings of the court be filed and
that his company be granted a continual
order of inspection and survey. "We
want to be able to go in there at any
timne," said Mr. Denny, "to see that the
order of this court is being obeyed."
"No, I won't do that at all," replied the
court. "lf you want an order of survey
thIat is a different matter. This is a crina
inal proceeding and has been treated as
such by both sides, If you want to in
spect those workings, that is something
else."
Not Necessary.
Attorney McHatton seconded the request
of Attorney Denny, but Judge Clancy said
such a course wasn't necessary, and di
rected the clerk to enter the judgment the
Ame as in any other misdemeanor case.
"We will continue the maftcr until to
o'clock Monday morning," the judge
added. "At that time please have Mr.
Goodale here. I want to give you folks
a chance to appeal,"
Arguments on amendments proposed to
the bill of exceptions in the case of Ed
ward Hickey and others against the Ana
conda company in what is known as the
Nipper case were heard by the court after
the contempt mnatter had been disposed of.
About 60 of the amendments to the bill of
exceptions were accepted by Attorney
Kelley, for the Anaconda company, andti
grguments were being made on those to
(Contiaucd ott 3'age Twelve.)
SENATE EVINCES TEN
DENCY TO GET
THE FACTS
CULBERSON WANTS TO KNOW HOW
PANAMA CAN GRANT LEGAL
USE OF A CANAL.
WANTS REPORT ON THE
REPUBLIC OF COLOMBIA
Looks as If the Upper House of Congress
Would Not Be So Fast to Recog
nize the New Government
of Isthmus as Legal.
BY ASSOCIATED PRt:SS
Washington, Dec. la.-Senator Culher
son (Dem.) of Texas yesterday introduced
the following resolution:
"Whereas, by the constitution of Colomn
bia, adopted in 1886, it is provided:
"'Article s-The Colombia nation is re
organized as a centralized republic.
"'Article a-The sovereignty resides
essentially and exclusively in the nation
and from it emanates the public powers
wihich shall be exercised within the lim
its prescribed by this constitution,' and,
"Whereas, In said constitution it is pro
vided:
"'Article 4-The territory, together
with the public property therein, belongs
exclusively to the nation.'
"Resolved, That the committee on judi
clary of the senate is directed to consider
and report as early as possible to the sen
ate whether these inhabitants and resi
dents of the department of Panama may
lawfully for a distinct, separate and in
dependent governmental authority other
than Colontmbia empowered to grant in per
petuity the use, occupation and control
of land and waters in the territory of
Panama, with full and complete sov
ereignty over the same."
To Give Smoot a Chance.
BY ASSOCIATED PRESS.
Washington, D. C., Dec. 12.-The sen
ate committee on privileges and elec
tions met today to outline a policy to be
pursued in investigating the protests filed
against Senator Reed Smoot being per
mitted to retain his seat and decided that
before taking further steps in the mat
ter, Senator Smoot should be given op
portunity to make reply to the charges.
Senator Burrows, chairman of the comn
anittee, was instructed to notify Mr.
Smoot of the decision of the committee
and request that whatever reply he may
desire to make shall be in writing. In
addition to the innumerable petitions filed
with the committee for the expulsion of
aMr. Smoot, two protests from citizens of
Utah were presented and briefly consid
ered by the committee.
These protests chargedl Mr. Smoot with
being a polygamist. They also charge that
the Mormon church, of which Smoot is an
apostle, holds its own laws to be superior
to those of the state, and they contend
that the church still stands for polygamy.
Neither Senator Smoot nor his opponents
were represented at the meeting, and for
that reason members of the committee
avoided taking any action which would in
any manner show the sentiment of in
dividuals.
MAD MULLAH'S MEN
HAVE TURNED TO
CANNIBALISM
BY ASSOCIATED PRESS.
London, Dec. 12.-Advices from' Somi
land, East Africa, say that the Mad Miul
lah's camp followers have taken to canni
balism, owing to the shortage of supplies.
The body of a native recently executed
by the Mullah was immediately carried
off and eaten. by the followers.
The feast was participated in by the
women, who the Mullah has subsequently
executed. These women were, in turn
cooked and eaten by their late comrades.
According to deserters, the Mullah is
not suffering from an actual scarcity of
food, but is husbanding his resources and
restricting the distribution of food strictly
to the fighting men, leaving the camp fol
lowers to shift for themselves.
TO TRY I, GRAVELLE
HEARING OF THE ALLEGED DYNA
MITER SET FOR MONDAY
IN HELENA.
Helena, Dec. ta.--The trial of Ike Cra
velle, the alleged Northern Pacific dyna
miter, will be called in Judge Smith's court
Monday. About too witnesses from va
rious parts of the state have been
subpoaencd and it is expected the trial
will last several days.
No little trouble is expected in securing
a jury because of the wide publicity given
the case.
FOUND NOT GUILTY
Carthage, Mo., Dec. 12.-Ben C. Aylor,
the Webb City mine owner, who shot Gor
don Allen, a wealthy Joplin man near here
two months ago, was acquitted today by a
jury in the circuit court. The jury was
out only eight minutes.
MRS. DONNELLY DOING WELL
Mrs. Ignatius Donnelly is reported as
doing nicely, considering the nature of her
suffering, and strong hopes are held for
her ultimate recovery. Since the sudden
but severe illness of this popular woman,
St. James' hospital has been beieged by"
anxious friends itnquiring about her con
dition.
CHRISTMAS SHOPPING IN BUTTE
. . . ...ý ý ý ý ý I I.. . ... .. .'ýý.............. ... . ... ý " - x . m..
ALBERT BECKMAN
TELLS THE STORY
COOLLY RELATES HIS RELATIONS
WITH THE KELLY GIRL AfI
HOW HE KILLED HER.
BECAUSE HE LOVED HER SO
Says His Whole Family Is Peculiar and
That He Himself May Not Be
Just Right in the Head.
Immediately on the opening of court this
morning Albert J. Bleckman, the slayer of
Helen Kelly, was placed on the stand and
told by his attorneys to tell everything he
knew of the killing of the girl and omit
nothing.
Mr. Breen wished Beckman restricted to
certain lines in his testimony, principally
to the actual facts of the killing, but the
court denied the request antd allowed the
prisoner the fullest aItitu de in relating the
tragic events leading upt to and occurring
at the time of the shootitng.
Beckman's Statement.
Becklanl's .tate.trent was in substance
the saitie as he has related on two former
occasions. leI went into the most minute
detail of the tragedy and displayed a keen
memtory as to dates and amolunts when
telling of the money transactions.
lie related thle story from the time he
first met llclen Kelly in the hall of the
Dakota block, how shie appealed to his
generosity by stating that she had a cold
because her shoes were worn oult and her
brother, Patrick Kelly and sister, Mary
Kelly, woull not Ipurchase them for her.
lie told of how site appealed to himt and
how he became enamored of her; how he
bought her shoes, dresses. and toilet arti-'
cles, including silk stockings. And then
later on she promised to marry him and
how he worked night and day in order to
secure money to support her after they
were married.
She Came to Him.
lie toldt of how she came to him and
told him that her sister Mary had said that
if they were to be married, leckna
should give Ilelen his money to keep. l
did so, and toiled on, atd l ought Helen
everything she desired, all the time asking
nothing in return but that she remain true
to him and keep her promise to marry
him. Thct she wanted a wehlding ring and
he purchased a diamtond and gave it to her,
Later sihe asked him to have her cheap
watch repaired and he took it to the
jeweler and finding it worn out, lihe pur
chased her a new solid gold one. Her de
mands for money increased and he gave
until all was gone. Money he had saved
he gave to her. lIe denied himself clothes.
He detailed the events at the Gardenii
when he had asked Helenl to accompany
him out for the evening. Then told 0j
how he and a companion went to the GJay.
dens after she had pleaded illness as an
excuse for refusing to go, anld how his
heart sank within him as he beheld tile
woman who was more than life itself t9
him, sitting at a beer garden table drinit
ing beer with a gambler. How he was.
strained from doing something desperate' as
he beheld the sight. A man used to seetig
the dark side of life in his daily work a
swamper of a gambling house, how it . 't
him to see her taking the step to ruin.
lie had sought her out to show to his
companion what a pure, innocent girl ales
was, and how he had bragged to his com
panions about her. His dream was shat.
tered and and he was downcast.
Mary Kelly Apologized.
Then that night on his return from the
Gardens, Mary Kelly had apologized for
Helen and introduced Beckman as Helen's
sweetheart to some friends. They made
up and all was well. 'Then came the sits
picions that Helen was not faithful. We
had seen her in her nightrobe talking to
Melvin late at night, and how he chided
her and told her he would go away, ag.
did so, but was sent for again. He tPo
turned. More money was secured from
him, and at last when his eyes were opened
he refused to be longer worked, and ac
cused Helen of extorting money from him
and she stated that Mary had made her
do it,
He then sought to recover by a civil as.
tion and the brother and sister of the
girl fell back on her tender age as an
excuse for dismissing the proceedings,
and then Mary taunted him, as did Pat
rick about the affair. Driven to desper.
(Continued on Yage Nine,)'
CONGRESS MAY GO
INTO THE STRIKE
SENATOR PATTERSON WANTS SUB
COMIMITTEE SENT TO THE
COLORADO FIELDS.
ALLEGED DYNAMITER TAKEN
Man Supposed to Have Been Implicated
in Cripple Creek Trouble Has Been
Arrested in Los Angeles.
BY AMS;Ot'IA'TED 1'1H..s.
Washington, 1). C., Dec. iJ..-Senator
Patterson yesterday Introduced a resolu
tion directing the committee on judiciary
to investigate the strike among the metal
Iferous miners of Cripple Creek and Telll
ride, Col. The resolution was preceded
by a long preamble giving an outline of
the history of the strike and of the decla
tat:on of martial law by the governor of
the state and the establishment of a press
censorship.
The resolution asks Ihat the "commite,.i
aplpoinIta sub-committee to visit I('Clortat
for the purpose of taking testimony with
such powers as to conllutlHinJ the attenl
antet of witnesses anti the emtployient of
clerks andt silentlgraphlers as shall by the
senlate he conferred."
Miners' Maso Meeting.
Salt L.ake, IDec. it.- A specvial to the
Trilbune from helper, Utah, says that a
nmas meeting of striking coil llitners was
4ehl there last night, at which every cunti
iin the district was representeid. It was
decided to ask the state board of arlbitra
tion to intervene and endeavcir to effect a
settlement between the Utah Jill coillt
pany and their striking mitners.
Arrested in Los Angeles.
l.os Angeles, Cal., Dec. 12.-Johnit E.
('hauller has ieen arrested on a telegraiit
from Sheriff Andrew Sandllerg of Idaho
Springs, Colo., requesting Sheriff White to
arrest and hold him until an oflicer could
be sent fromi Colorado to take hlit back.
Wanted for Complicity.
Denver, Colo., Dec. id.-- John E. (thand
lcr, who has bLeen arrested at .Los AIngeles,
was financial secretary of the ildaho
Springs Miners' union at the time of the
blowing up of the Sun and Moon mieii
shafthoutse. lie was suspected of knowilng
something of the explosion andi soon after
it happened fled fromit Idaho Springs to
Denver and was here for several datys.
lie disappeared on the day the police dis
covered where lie had been staying. De
scriptions of the maln, together with stories
of the explosionll were sent broadcast. The
charges agaittst Chanldler were sworn to at
Idaho Springs and charge hitt with com
plicity in the explosion of the Sun and
.1oon mine shafthouse.
RUSSIA WILLING TO
CONCEDE POINTS
TO JAPAN
BY ASSOCIATED P'RESS.
Tokio, Dec. 12.--Russia's reply has beIen
received. The Russian minister informed
P'resident Kutsura tihat Russia entertains
Japan's proposals, prolbably with modifica
tions. The general election has been fixed
for March r.
WINS A RACE WITH DEATH
Governor of Iowa Steams to the Side of
His Dying Mother.
IY ASSOCIA'IFD I'PRESS,
Des Moines, Ia., Dec. 12.--Gov. Allert
II. Cummings raced with death half way
across the continent and won. A tele
grain announcing the fatal illness of his
mother Thursday called the governor from
Boston, where he had gone to deliver an
address.
He started for home. Dispatches from
the sick room were received at intervals
during the trip. The fastest linited trains
were chosen and he arrived at his moth
er's bedside at 5 o'clock this morning,
aid found her sinking slowly,
iEAVY SNOWS ALL
OVER THE SECTION
TEMPERATURE RANGES FROM 26
BELOW IN NORTHWEST TERRI
TORY TO ZERO IN BUTTE.
LIES UNDER WHITE MANTLE
rEntire Northwest Feels Snowstorm and
a Good Old-Fashioned Sleighbell
Christmas Is Coming.
HI'IT'IAI. il 'r TIII IN'I'.It I I!NIAIN.
helena, 1).Y. 1.,--There will hardly be
a Kreen (Chrism.tmis in Muostan this year,
judging fromi1 the piresent indications. 'The
secondl heavy shliowstorll of the sea'nn is
raging in mlauny parts of the state with
good indications of equtallingll the stormll
of Noveobiler inl severity. A cold wave
has .tle on w i Ihe North a111r Alas Mon
tana, Ith Iltakotia auId l Wyuo lilng in its
gratisp.
Section Ili it lr Hlayes f Ith wtather
l rea tlr said toilay that it w tioul c nlinell
cohl oiIitil this evening or ti Irroiw tiorn
iig, when hei looked for a1 gen. 11 rising
temperature. IU11ite lappeared to be ill
ithei middle of the snow storm.
Today's Weather Chart.
'rhc director's swealther iharl, issued
today says: "A c(ihl wave which Imvedl
,touthward front (Canala otl the eatil side
of the Rocky lnoiuntainsl covers all of the
telrritory from Colorado tud wl l:Nebraska
nIorthward. The coldhh t tlei lp I Illtr is
int the li akotas, where at 6 a. i. Ith( tent'
iperatlure roulged fioit j to is legiirees
below zero. lIn Monitaina Ith 6 a. In. tenlll
erature rangedll frmlil slightly lovle zero
to slightly below zero, anil tI.e lowest re
iported tempilerature wa.s (6 degiees below
atl Ilavr. Mioderate tel, .rtllt'r le iprevails
over all of the countly wes t of the IiRocky
nllonlilll al ns.
Wyumitg, (Colorado and the lowe .'vlis
soiri river valley.
"'Tonight and Smulay the temperature
will raise slowly, ,bult .snow will cu, lti.ne
intermittently, is the chart hows a.hnos
pheltric depression over the Puget soutndl
country, Utal uail Siouthern Idaho."
Twenty-six Below in Canada.
'lThe coldest place reported in the North
west to the weather bureau was Q(. 'Ap
pelle, N. W. T''., where it was 26 bilow.
Williston, N. I)., was a close second, with
no bielow.
'The 6 a. in, teilipertllres in MIiontana
reported to the bureau were: hlelena, 4
alove ; Butte, zerr I lavre, 6 below; Kalis
pell, 14 above; Miles City, zero; Great
Ialls, 4 iiuove; Marysville, 3 below. 'Ilhe
heaviest snow apipeared to be falling at
lSutte.
At Hamilton.
SPli'C'lnI. TO T'I111 IN'II"iR MOiJNTAIN.
Hamtilton, IDe. J.- Snow is falling
tIiroughout the Hitler Iliot valley todlay.
Six inches have fallen since last night,
and it is still cominlg down. Low tumn
peratures prevail.
Very Cold in Butte.
The citizens of Butte awoke this morn
ing to tindi the snowfall, which begatu at
an early hour yesterday morning, still in
progress, and without any sign of abate
nment in sight. Already, accordilng to the
records of the weather Illman, at 8 o'clock
this morning six inches of the white stuff
had fallen since the storm began, and the
chances are that the white blantket will
he a foot or more in thickness before the
sky clears.
The present heavy snowfall marks the
beginning of real winter for this section
of the state, and the reports show that
the precipitation was general throughout
the state. It is now too far in the season
for the present snow to be dissipated. It
will, in all probability, remain until spring,
and great will be the joy of the small boy
on that account, for skating and coasting
will probably be from now on uninterrupt
ed.
The temperature this morning-zero at
6 a. m. and 3 above at 9 o'clock-was the
lowest for several weeks in Butte, antd the
mercury showed little disposition to rise
during the morning hours. The forecast,
as issued from the local weather bureau
this morning, is: "Snow tonight and
probably Sunday; slowly rising tempera
ture."
FIRST ACTION
UNDER THE
MEASURE
Allidavit Under the Fair
Trial Bill Filed in
District Court.
CANNOT GET JUSTICE
Afl'iant Says He Believes
IHe Cannot Get Fair
Trial in Court.
The first case undtler thle law pnatedl at
the rteclIt et'rta ses'sioi i h I egisilaitire
which iel'lte to the di ssithihicalion of
judtge's tamte up todaliy when ,I. .. I hap
iall i led i ,111 ,lli ltnit tlhat he hais ralllson
to biili ,vt, I i hal i. colls int g.et ta far
and11111 imllarltl heai g of his t',ullse in
'lht caset i that of I. L. I hiiltlunan
againsti (I.h. ti S. Varren., Jamne W. FIr
brou Igiht recoverI l $.15, i0 , willis interet
froml Apiil l , i.li l,i , llt I prt issolici ry tlite.
Thi now , was exchlled Aigilst| 5, loo.,i
ild dellivcred to Ihiallhy Murray. The
nlie with fulr $i , uiul wtill inti lest at 7ill
p lier clit.
Alleged Balance Due.
SllillS. i1l. a i the af rallll hnl lir'at in 's Ihllo s',
inleresl was paid. The balance alleged
to Ite due oil i it nolte is $,15,,,o with Ilie
accit d interest.
The mile was assignili1 to F. 1.. I l'ap
mIn by Tiniolhy \lllrray and all action
woI lb'Kti In roovedr FIlte hminy.
in fh..ill latil V, 1.. l hapml anl esays:
"ibe attiii t turithrati thaty' hit ak htlti
reason Ito leliev., aied d .es believe, that
hle illannoi t iiave i lauir andi impil rliu l heair
ing oi r trial hluore the liim. E. W. iliimeyit,
judge of tiltI ht di.tricl court, befuret whtll
said action is pendingtl , by lit' i of the.
list's iind prejudice of .aid judge against
Ihil plaintill.
In Good Faith.
'I h " l lit hlestll 11l'1 t s that lihe Il iakl , h il
sallidavil in ,ond faith a d not for the pur
pose of dilaying said . ctlion or obtaining
any advantage, but for the purpiOe of oh
taining a fair illd inlpailial hearing sind
trir l and that jllusti ,e il iy be dul e.
WINDY CITY NAMED
FOR THE MEETING
NATIONAL REPUBLICAN COMMITTEE
DECIDES ON CHICAGO FOR
THE CONVENTION.
ST. LOUIS A STRONG SECOND
Committee, However, Believes That tihe
Second City in the United
States Is the Better.
IlY A SMI'IA'I II, itl'.br.
\Vashington, I). ('., IDec. -*,. -The re
public;all Inltiioal l c'Olll itte resumCedl its
5,l s ioni at the Arliigton today to take
up the work ,f decidlilng oii the lIlci and
timeii for hollhing tl next republiican na
tional conivenition. It was l:.oo o'clock
V iii he li'aliliin Iallllina calhled the coin
iiilctte ordler alid announcedl that there
were two lPorto Ricans plresent relresienit
ing the republic;atii party of that islanld,
lie said they would l s given a hearirng.
Co(iliIIIlunicat ionIis were read by Secretary
BIeath from the lfederal and republlican
parties of Porto Rhico, loth claliming rep
resentation in the cOiiiiiiic e. Mayor Todd
of San Juant, represehnting the repullicain
party, t'lhen apjpeiared be, fore the conllitil
tee and gave ta brief history of that party
which he said was esial,lished in July,
8.l,. 'IThe federal party was established
sote time after this, ic said. Each party
is represenlted bly two iniembicers in the
local senate. Iis party, he stated, con
trols S18,o0o out of 131,10oo registered vot
ers. 'IThe aili of this party was to Amerl
caniize uhie islalid atnd stand by the adminl.
istration.
Porto Rico Wants In.
Porto Rico, he said, would like to be
reprlesentedl in the next relpubllican con
ventioll. Josune rioso, also represenlting
the republicanl party, followed Mayor
Todd. lie eimphlasized the good tllat it
would do the party to be given recognition
hby the conmmtittee. He declared that the
party "was cominiig anlyway" to the con
venitioni.
Chairnaitl IImla saidl that further con
sieratiion would be hail ii executive ses
sioi,.
'I'he question of selecting a city in
which to hold the convention was then
takel utip.
S. I. Raylmond of Chicago was recog
nized to speak in behalf of that city. He
said Chicago 'had not secured the last con
vention, but meant blusiness this time. It
would be 16 years since Chicago had had
a republican convention and it was about
time for the republicans to return to the
city which was naturally located for hold
ing a convention.
A Central ,Point.
George R. Peck advocated Chicago as
being geographically well situated for the
convention. R. C. Kerens, a member of
the committee from Missouri, announced
that St. Louis was desirous of getting the
convention. He introduced Ex-Mayor C.
B. Waldridge, who said St. Louis had been
giving the republican party a majority so
long that it had "the habit."
Mr. Walbridge reviewed the record of
(Continued on Page Twelve.)

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