OCR Interpretation

The Helena independent. (Helena, Mont.) 1875-1943, April 07, 1892, Morning, Image 5

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025308/1892-04-07/ed-1/seq-5/

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mpor.ant Deotateo by the ~oJtM
A.#I s Sprruer Court of jIae
est to Mining Meia
0. Qyetton involvo W)that So
sating to KnowR aad Locate
eie Tessrm '(ewp ea el VeItt a _im t
.Vet Aire ks svleynsyeeous-Jstlee
1i.1i's Rallns Uspheld.
' the following decision, endered by the
ited Stat" supreme eourt la the ease of
a Iron Silver Mininlg sompany vs. the
Ike & Starr Gold and, Silver Mining com
My, is of great importaneo to mining
an, as it settles the question of "known"
Ca4 located' "veins." The issue is con
tinuusly being raised in the local land
,ece, and this decision by the, highest
rlibunal in,the land, will settle many vexed
points. The court says:
This and two kindred eases have been
before as for consideration for some time.
They have been twice argued, the re-argu
ment having been ordered by the court of
its own motions and on the second argo
nent, at the like instance, very, elaborate
and complete medels, maps and photo.
graphs were prepared by the respective
parties and presented for our examinatimn.
The fact is. there was an earnest inquiry as
to whether the court had not erred in its
prior and repeated ruling, _that a known
lode, as named in section 2,838 of the Re
vised Statutes, is something other than a,
located lode; and, also, whether, in view of
the disolosures made in this, as in prior
oases, of the existence of a body
of mineral underlying a large
section of country in the Leadville
mining district, whose general horizontal
direction, together with the sedimentary
character of the superior rook, indicated
something more of the nature of a depo~it
like a coal bed than of the vertical and
descending fissure veil, in which silver and
hold are ordinarily found, it did not be
come necessary to hold that the only pro
visions of the statute under which title to
any portion of this body of mineral, br the
ground in which it is situated, can be ao
quired are those with respect to placer
claims. Of course, such conclusions
would have compelled a revising of some
,sraer opinions and have wrought great
hanges in the status of mining claims in
hat district. Because of this we have
)een iery careful, and the investigation in
these directions have been earnest and pro
tracted. It would serve no useful purpose
to state all the arguments which have been
advanced and considered by us. It is
enough to announce thearesults. Our con
clusions are, first, in respect to the matter
of the known vein, that the rea
sons so clearly stated by Mr. Justice
Field, speaking for the court in the
case of Noyesv. Mantle (127 U. B. :48, 853),
are unanswerable, and forbid an adjudica
tion that the term "known vein" is to be
taken as synonymous with "located vein,"
and compel a reiteration of the declaration
heretofore made, that the term refers to a
vein or lode whose existence is known, as
contradietingunshed from the one which
has been appropriated by location; and as
to the other matter, that the title to por
tions oi this horizontal vein or deposit,
'blakeY' vein as it is generally cauo,
coaiy be acquired under the seotions con
cerning veins, lodes, etc, The fact that sc
many patents have been obtained undet
these sections, and that so many applies
tions for patents are still pending, is e
strong reason against a new and contrary
ruling. That which has been accepted a:
law and acted upon by that mining eom
rmunity for such a length of time shouldnot
be adjudged wholly a mistake and put en
tirely aside because of difficulties in theap
npication of some minor provisions to the
peculiarities of this vein or deposit. With
this explanation of the reasons for the long
delay in the decision of this case, we pass
to the special matters in controversy.
The questions presented by the pleadings
to be tried were whether there was a veti
or lode within the territorial boundaries of
the placer: and if so, whether it was a
known vein or lode within the meaning of
section 2,338. The plaintiff, to maintain
its ease, offered in evidenes simply its pat
ent and other matters of record, together
with parol proof of boundaries. By this
record evidence it appeared that the appli
cation for the placer patent was made on
the 13th of November, 1878; that entry and
payment were made on the 21st of Febrn
ary, 1879, and that the patent was issued on
Jan. 80, 1880. The location certificate of
the Goodell lode was dated Maroh 10 and
teco ded March 11, 1879, reciting a location
on Feb. 1, 1879. After the introduction of
this testimony the plaintiff rested, and by it
a prima facie title to the whole placer claim
was established. The location of the Good
ell lode was some months after the ap
plication for tho placer patent. The de
fendant, to maintain its claim, offered the
testimony of several witnesses, testimony
which established b eyond any doubt that
in 1877, and more than a year before any
proceedings were initiated with reference
te the placer patent, the grantors of de
fendant entered upon and ran a tunnel
some 400 feet in length into and through
that ground which afterward was patented
as the placer tract; and that in- running
such tunnel they intersected and crossed
three veins, one of which was thereafter,
and in 1889, located as the Goodell vein or
lode. The vein thus crossed and disclosed
by the tunnel was from seventy-five to
seventy-eight feet from its month, of about
fifteen inches in width, with distinct walils
of porphyry on either side, a vein whose
existence was obvious to even a casual in
epection of any one passing through the
The court ruled ' that if the vein was
known to the patentee at or before entry
and payment, although not known at the
time of the application for patent, it was
excepted from the property conveyed by
lhe patent. Into this ruling the court was
doubtless led by the language of the patent,
which in terms exempts all vents or lodes
known to exist at the date thereof; that is,
the date of the issue of the p, tent. In this
respect there was error. The time at which
the vein or lode within the place must be
known in order to be excepted f om the
grant of the patent is, by section 2,338, the
aime at which the application is made. Its
language is: "An apphlcation for a patent
for such placer claim, which does not in
clude an applihcation for the vein or lode
claim shall be construed as a conclusive
declaration that the claimant of the placer
claim has no light of poslseasoi3 of the
rein or lode claim." (Mining Company v.
Ileynolds, 124 U. 9. 874; United States
v. Mining Co.. 128 U. tl, 678, 680.)
There was, therefore, a technio.l error in
this instruction of the court; but one which
obviously wrought no injury to the substan
tinl right of the ; laiptiff, because there was
not a scintilla of testimony, a suggestion
,emn, that between the year 1877 and the
time of entry and payment there was any
work done or discovery made on the placer
ground in resp ct to the Goodell lode or in
the tunnel. Everything that was done had
been done in 1877; everything that was
know;i at the time of the patent was known
in 1877; so that the error of date in the
charge was not one affecting the substan.
ial rights of the plaintiff. If, at the time
of the entry, there was the same vein and
the same knowledge in 1877, and before the
The second matter is this: Was there a
known vein at the tints of the apllcation
for a patent, within the meaning of section
2,888? It was then a located vein or lode,
and the case was evidently tried by the
plaintiff upon the theory that unless it was
a located vein it was not a known vein, but
that, as we have men, is not a correoot inter
,rotation of the statute, It is enough that
t he known, and in this respeot, to come
within the Intent of t.0is statute, it must
ither have been known to the applloant
At t eah th
bia s tan from it, out
to ncar that agrond i i
trmaq, aunles h had h ts
paoton as to enable him t
that it was adapted to s t , .
aioiuation could have been I thoat
diootu the exltenoe of t tendel.
hat a it to un the s 4rfao*, obvious
o the most casual inpection. No one could
be hoard to say that he had examined that
nro ud In oder to aseertait that it was
pitable for placer mining, ah i'n such ex
aminatlon had not diaovered the exzitence
of thO tunnel. It was not a little excava
tion, yith a few shove afui of girt at ite o
tr.so. The pile of "dht 'wig fyldynea
which no one sould gnorer that it was a
long tunnel, running far iuto thb arth, It
waS In mining ground, as all the territory
was believed to be, and, therefore, an exoas
vatlon likely to diselose veins. As an ap
pliant for a placer patent was ehargeable
with notice of th existence of the tunnel,
so, also, was he chargeable with
notice of whatever a casual inspec
tion of that tunnel would disclose.
He would not be heard to say. I
did not enter and examine thistunnel, and,
therefore, knew nothing of the veins ap
parent in it. The government does not
permit a person to thus shut his eyes and
bnuy. If there be a vein or lode within the
ground, it is entitled to double price per
sore for it and the adjacent fifty feet, and
with such interest in the price to be paid,
it rightfully holds any applicant or a
placer Patent ohargeable with all that
would be dleilosed by a casual inspection
of the surftes of the greaad or of such a
tunnel. The applicant must be adjudged
to have known what others knew, and
which he would have ascertained if he had
discharged fairly his duty to the govern
ment. Surely under the testimony the jury
was warranted in finding that this Was a
*known vein.
Another question is, whether this was
sueh a vein bearing gold, silver, cinnabar,
,ead, or other valuable deposit as that a
discover could obtain title thereto under
sections 2,320 and 2,350. It is undoubtedly
true that not every crevice in the rooks,
nor every outcropping on the surface,
which suggests the possibility of mineral,
or which may, on subsequent exploration,
be found to develep are of great value, can
be adjudged a known vein or lode within
the meaning of the statute. As said by
this court in the case of the United States
vs' Mining Company (128 U. S., 678,688):
"It is not enough that there may have been
some indications by outeroppings on the
surfao of the existence of lodes or veins of
rook in place bearing gold or silver or other
metal' to justify their designation as
'known' veins or lodes. To meet that des
ignation the lodes or veins must be clearly
ascertained, and be of such extent as to
render the land more valuable on that ao
count, and justify that exploitation." And
yet, in the ease of Mining Company vs.
Cheesman (116 U. S., 529,536), this court
sustained an instruction as to what
constitutes a lode or vein, given in
these words: "To determine whether a
lode or vein exists, it is necessary
to define those terms; and, as to that,
it is enough to say that a lode or vain is
a body of mineral, or mineral bearing rook
within defined boundaries in the general
mass of the mountain. In this definition
the elements are the body of mineral or
mineral-bearing rock and boundaries; with
either of these things well established, very
slight evidence may be accepted as to the
existence of the other. A body of mineral
or mineral-bearing rock in the general
mass of the mountain, so far as it may
eontinue unbroken without interruption,
may be regarded as .a lode, whatever the
boundaries may be. In the existence of
quch body, and to the extent of it, bound
aries are implied. On the other hand, with
well defined boundaries, very slight evi
dance of ore within such boundaries will
prove the existence of a lode. Such bound
aries constitute a Assure,, and if in such
fissure ore is found, although at considera
ble intervals and in small quantities, it is
called a lode or vein." It cannot be said as
a matter of law in advance, how much of
gold or silver must be found in a vein be
tore it will justify exploitation and be
properly called a "known" vein. The
judgment of the lower court was affirmed.
Newest and latest materials and designs for
ofa pillows, e iter pieces, etc. Butcher &
Bradley, 105 Broadway.
Legal blanks at this office.
Stranger! Do you know that you can buy
choice fresh lis for lo per pound the ialt
Cash Market.
A Profitable Investment.
People are constantly on the alert for a
profitable investment, trying to turn an
"honest penny,"
The investment of a few cents in a jar of
Cudaby's Hex beef extract will not bring
you wealth directly, in dollars and cents,
but will bring you a wealth of comfort.
That means which will bring the greatest
happiness permanently is to be most de
sired and sought after.
The use of beef extract is not a luxury;
formerly it was regarded as such. Many
good housewives regard it as a necessity.
The wide field of usefulness in which it
may be employed is enlarging as intelligent
people are made acquainted with its pop
ertiesand merits.
Mindts are becoming disabused of the idea
that beef extract is a medicine, finding it a
highly useful acquisition to the larder of
all well regulated households for making
beef tea and improving the flavor of soups,
stews, gravies, etc.
Call at Parchen & Co.'s and try it.
Decorated chamber sets at The Bee Hive this
week for $. Uood quality and kiln burnt dec
One thousand papers"Viok's" Celebrated
fresh flower seeds Just reedlved at H. M.
5'archse &d Co.
Home Megrchants Favored.
The busineds men of Helena are feeling
very happy these days over the increasing
tendency seen among the people of Helena
to patronize home merchants. They have
for yeals been trying to educate the people
up to the idea that there are such things as
good goods and reasonable prices in the
west. Their efforts, seconded bythe news
papers of the city, seem to be producing the
desired results,
Mesasl. Raleigh & Clarke, the largest dry
goods merchants in town, say that they are
very much pleased with the trade they are
enjoying these days, In spite of the com
plaints about hard times they affirm that
they ae doing a larger business to-day
than at this time one year ago.
But the truth of the matter is that they
have a complete stock, comprising full
lines of all the novelties and staple dry
goods. The ladies always find what they
want and so like to go there often.
Throa dand braid for ltoniton lace at Butcher
t Blradly's, 105 Broadeway.
The Bee Ilive is offerlna the best bargain in the
city in Jersey ribbed vcst, in cream, white and
ecru at 25 ouentlr.
Baby Carriages.
The Bee Hive has just received a carload
of baby carriages, being the largest ship
ment of the kind over made to Montana.
Their line comprises an assortment that
cannot be equalled anywhere in the state.
They have carriages of all descriptions,
from a full sized reed body with Iron wheels
at $6.50 to the finest wound reed bodies,
upholstered in silk plush, with bisquit tufts
and made as fine as skilled workmen can
make at #115. The prices on all buggies
are 25 to USX. per cent cheaper than regular
prices anid those in need of carriages
ashould give them a call.
dklmmin ,& Easil, dentists, Sixth anud tMalu-
lady assistant. Teeth extracted painulessly.
hreh sparea rh at the Rialto Cash Market.
T'eloephno 105.
Dr, E. . Rohette, new system of making
plates. Gold crown and bridge work spe
elalties. Independent building,
Wleho the Cyoloen. efsco yd Com
munloligon SBetween the
BEt and West.
Wastma Uanion OMos Crowded
With Business Sinoe
landllug From 8,000 to 10,000 Messages
Per Day to Rellove the Prow
If nuy one would like to see the effeot
that the late cyolone has had in Helena a
visit to the operating room of the Western
Unton Telegraph company will show it.
When the first great storm swept the ooun
try about ten days ago it played havoc with
the wires of the company in the middle
region of the continent and delayed busi
ness for some timea The worst came last
Friday. Wires were torn down for miles
hy the oyclone from the Dakotas to Texas.
All communication was out off between the
ast and west. Business was at a stand
still in all the offices west of a line drawn
through the path of the cyclone. Thoua
ends of messages hung on the books for
hours. Every line repairer that could be
reached wal rushed to the sections where
the storm had laid the wires low. Late on
Saturday the Helena office got a "hole"
through to the east, which meane-that
communication was established be.
tween Helena and Chicago. For several
hours before this occurred the messages
came piling into the Helena of
flee from California, Utah, Oregon, Wash
iugton and sections south of Helena.
All this business was sent to
Helena in the hope that the office here
would get a "hole" through first. San
Francisco had one long wire east, but it
was so slow it could not respond to the de
mends made upon it. To handle the cur
rent volume of business when everything
works right is all that can be expected of
the wire. Manager Swan, of the Western
Union office, and Night Chiefs George W.
Tilly and William Taylor and the
operators have been the busiest
men in town since last Saturday.
The office has been handling from 8,000 to
10,000 messages a day. The demand upon
the office is the greatest ever made upon it.
Some of the railroad operators working for
the Northern Pacific were pressed into
service. Thirty men have been constantly
at work since Saturday shoving messages
through that "hole" into the east and re
ceiving the accumulated business from the
sections east of the storm-sWept seation of
the country.
Some of the operators have worked
thirty-six hours, the only relief being a few
minutes for something to eat. The force
was put upon its mettle and did great work,
and are still at it. Manager Swan save
Night Chief Tilly probably made the best
record for the Helena office. He started in
Saturday night and worked twenty-four
hours. Toward the close of this period he
was sending at the rate of sixty mespages
an hour, or one each minute. 'Ihis is
recognized as very swift work. There
must have been avery good man at the other
end' when the night chief was at the key.
In rare instanceq operators have been
known to handle messages a little livelier,
but Mr. Tilly set the pace for Helena.
Manager Swan also thinks that his night
chief established the record for the north
Operator Frank E. Abbott, on Saturday
night, sent seventy-five messages to Ogden
in seventy-five minutes. This is a phe
nomenal bit of telegraphing, and is only a
less telegraphic feat than ''illy's perform
auce of sixty in sixty minutes, from the
fact that the distance is' about one-fourth
of that to Chicago.
Some of the men worked seventeen hours
and put in four in well-earned sleep. There
wore eighteen of them at the desks yester
day. At 7 o'clock last night twenty-five
orerators were at work. The greater part
f the accumulated business in the west
which is being worked off to the east goes
rn uuopperr w r u "Lum nrenta to vulcago.
It is a quadruplex, and has four times the
capacity of a single wire. Eight men work
the "quad," four in Helena and four in
Chicago., Four messages going on one wire
at the same time is something pretty hard
to explain to the uninitiated, but it is a
fact. Were it not for this "quad" the mes
sages would be in stacks on the desk.
This "hole through to the east" that th
operators talk about also consists of a du
plex. It has half the capacity of the
"quad" and is worked by four men. The
duplex wire is of iron and does not work so
well as the copper wire, the latter being a
better conductor of electricity, Besides
handling all this business the office has had
to attend to the regular work. which is
considerable. Last month 120,000 mes
anes prassed through the office. During
1890, which was the busiest year, 1,500.000
messages were handled. The pay-roll of
the office for this month will amount to
6 ,000, The operating room is on the top
floor of the First National bank building.
It is a busy place at any hour of the day or
night, but since the cyclone it hase been a
scene of great activity. When the windows
are open the noise of the sounders can to
heard on the street. Everything is going.
To an outsider it is a wonder how an ope
rator can distinguish anything from the
continuous rattle. Since the introduction
of the typewriters into the operating room
the work of receiving messages has been
made much easier for the opoerators.
Manager Swan was in the operating
room last night when the night force came
on. These was no let up in the rush. He
said it might come any moment. Line re
pairers are At work getting up wires in one
section of Nebraska where the storm did
some very destructive work. On the Union
Paciflo system 300 miles of wire
were torn down. As soon as
some of these wires can o placed in work
ing order it will give the west another
'hole" through to the east and relieva the
pressure on the Helona office. Manager
bwan and his force of operators have done
splendid service and it is due to them that
communication has been kept no between
the east and west with as little delay as
possible under such adverse circumstances.
They have kept the wires red hot and made
Helena the telegraphic heart between the
east and the west. In the operating room
on the top floor of the First National bank
building the visitor can hear the pulse of
the nation beat.
Manager HIawk, of the Rocky Mountain
Teloegraph company says iris communica
tion with the east over his lines has not
been interrupted,
Mias Mary Er. Jacrkmasn gives private
lessons in shorltland. Rtoull 15, tiallly
blooel. Call at oltnoe for terms,
1\lrstrrlie of the Court of Iondon, by It. W.
M. Iteynildn ill right volumes, at The Boo Hive.
P'rice 50 cents per volunre.
Idies', misseso' and childrter's fast black
seamloes hose at 20 colst at Tihe lies l.ive,
Salt Lake City Natural (Gas.
Twenty thousand shares of the Salt Lake
Improvement and Natural Gas company
stook (the well flowing gas and oil, within
the corporate limits of Salt Lake City,) for
sale, at bottom figures, for a few days. Ap
ily to Cashier Utah Commercial and
Savings Bank. Malt Lake City.
The undersigned will rooeive sealed bids for
lrh tpurclhasel of 1irnell t Co's stock of dry
grods untIl April 11. Tlhe right to rcejuot siry ad
alt bids Is reserved. C. 1t, btrvessen, Assilnee.
Grand Openlng.
Mrs, H. A, Fisher having removed her es
tabllshment to the Novelty bluok, 15 South
Main street (opposite the old stand), will
have a graAd millinery opeaing Monday
and Tuesday. April 11 and ll.
The nly Inducement
Our stock is badly broken,
some lines entirely sold out. We
still have many good things left,
and to get sold out quickly we
will almost give goods away from
now until disposed of.
Of all kinds, which we shall
offer during this sale
FoPer 'IOc Each.
The only society or institution that is legiti
mate in its offerings to furnish transportation
and hobi facilities to the World's Fair.
For a specified sum. depending on the rate of
fare to Chicago to be paid in weekly or monthly
installmenta. the Society will furnish any
reputable person of either sex. who has signed
an applicatiorn for membership and paid the
.Ombership fee of five dollars, with
First-First lass railway transportation to
Chicago and return.
Second--Transfer in Chicago for self and
usual allowance of baggage, from station to
hotel and return.
Third-Seven days' hotel accommodations in
Fourth-Six admission tickets to the Colum.
bian Exposition,
Fifth-Dinner at a restaurant on the Exposi
tion grounds for six days.
ixth--An accident insurance ticket in are
liable company for fifteen days from date of de
parture for Chicago, paying f3.0tl in case of
death by accident or 515 per week in case of
Oeveth--The free ause of the Society's head
quarters and Bureau of information while in
ightlh-A copy of each issue of the Official
ournal of the Society.
For the convenience of members in making
their paymemnts, local clubs will be organized, a
member of which will be appointed Local Sec
retary with authority to collect the same.
Civil Procedure
Complete Sets For Sale at This Ofce.
$10 PER SET.
rhe oldest Iruit and IPro- Etablihed l8
due ou ontna tablished 188
. I)DEALERS 1i1...
Fruit, Produce and Seeds
If you want fresh. Northern grown garden,
old or grass seeds send for our tlturtlratd cat
sloleu. one of tite most ct'rosr ttc tered in the
Unite ,Ltaoes. We bell at I, eraer prices and
illle .sve you heeovy freight anid e.ntress uharg.e.
I e alst issue a wholersae price-list, which tlal
tre will flinad it to their sdvactage to oensult be.
tore buying eleowhet,
Wo are makitug a Specialty
Cutters of Diamonds and Proelous Stones,
ll and 538 aldeu laIre, New York.
United States and Foreign Pat.
on ts obtained and any information
Attorney at Law.
Pittaburgh Blook. Helena, Mont.
Tr. a. vel Us,
Nurseryman and
Landscape Gardener
Retal Park N.rsery, IU loUe Mort
Steam Boilers, Pumps and Hoists, Wire HToisting Rope, eto
Quartz, Lumber and Farm Wagons, Fence Wire, Wind Miils
and Pumps. Deere Plows, Harrows, Cultivators, and Disk Har
rows, all styles and sizes. The ,,Old Reliable" Schuttler and
"Bone Dry"
Headquarters for Orass and Vegetable sBeds of every desoription.
On Satisfactory Security at Reasonable Rates.
We do not loan at 6 per cent., but We do not dictate whereyour in.
we do not charge any commis- surance shall be placed,
iones. 'We do not charge interest until
$To delay in closing loans, we advance the money.
Jarvis-Conklin Mortgage Trust Co.
,-Splendid Business Opportunity
An old established business of several years'
Will Be Sold in Lump to the ligllest Bidder
This stock is first-class and we will receive
sealed bids for the purchase of it until April 15.
reserving the right to reject any and all bids.
Any information desired will be cheerfully given
by the assignees. J. V. JERIOME,
Is Generally Renovated and Under New Management
MRS. M. G. WARMKESSEL, Proprietress.
Our Last Annlounuemlnt.
To Whom it May Concern:
We have just opened the spring stock of Clothing and Fur
lishings carried over by the firm of B. Harris. The assortment is
;till large.
Remember, if Price Is are Object You
Will go Av1ay---Suited.
Of what remains of our fall stock-it is a common sense propo
ition, that we dare not longer consider the cost price, but will sell
)n the least provocation.
119 and 121 South Main Street.
!Embroidered Chiffon Ruffling at 45c and 6oc per yard in Black,
Cream,' Lavender, Black and Yellow, Grey, Scarlet,Ulue,
Tan, Pink, Yellow, Boze and Black and Red.
Silk Feathei" Ruching, in all colors as Chiffon, at 4oc per yard.
Jabots of Chiffon and Irish Point Lace, in all colors, from 75c to
$2 each.
Silk Sashes with knotted Fringe, 2 yards, at $r.
Silk Sashes, 3 yards long, y9) inches wide, at $2,
Same, better quality, at $2.25.
Silk Sashes, 3 3-4 yards long, I11 inches wide, very heavy
knotted fringe, a great drive, only $3.
Silk Sashes, 134 yards long, only 5oc.
Tinted Silk Ties in assorted sizes and colorings. The latest im.
ported novelty at $x.5o, $2.25 and $2.75 each.
Sailor Ties, 25c to 6(: each.
We always carry a large line of cream and colored Ruchlng
from soc to 45c per yard.
Th'e Leadlng Millinery, Nolloas and ianay Dry Goode ionau a tbhe Oly.
g7e Olose abt 6 3. ? .:d oelpt 8ata. IEI4.."I-ir:

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