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The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, June 03, 1892, Image 5

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THEANACONDA STANDARD. FRIDAY MORNING, JUNE 3. 1892.
5
LAW,JUDGE AND JURY
Caseson Trial in th^ Two Departments^of the District Court
SUITFOR DAMAGE SETTLED
NettleAnderson Receives 9S.OOO^From the Street Railway Com^^pany-Three Divorce Cases^-Criminal Matters.
BiTTi:, June 2.-A wtii^itlu!ion mm Mini^in MM this inumine by Attorney Mi-^llrido ^ hntil)y the ^liimaKf .^it ol Nellie^Anderson against Mm street railway MM*^puny will bo ttisinissetl, a MMlMMM mm*^MM Iiwii affeeteil. The laily Mas' for^fl.'..'^n. aii^l it is uiii|prst^KMl that she re.^eeiveil from the railr.iuri eonipany $.^^,0/l^for tlio claim. It is the hist MMmmIm,^uul of the Columbia (. .inleu areiilent of ^^tew years ago. Hie |^hiintin* lnrlaH su^-^tainetl serious internal injuries ut ilie^time. Her mother, Mrs. Noble, at tin)^MM time MM*] u fracture of u limb^ami sued the MMMV MrNMaX 'J'lie^'^a*' has been tried ami the jury awarded^her $4.1X11) as damages and several hun^^dred dollars as omits. The railroad com^^pany moved tor a new trial, which was^still ilending.!^ui that action bus ulso been^withdrawn as one of the considerations in^the Anderson rase and the judgment will^lie paid. There are. however, still a half-^dozen other damage suits |ieiidiiiK against^the coiU|Mtny.
New( mm *^ Court.
Mrs.Flora E. Shepherd has commenced^a suit in Department 1. of the district^court against the First. National hank for^the recover)' of certain pro|ierty and for^damages. It is a case grow jug out of the^|1(I,0U0 attachment tatit of the bank^against the Silver How Sampling works.^Mrs. Shepherd alleges in her complaint^that on October 10, Ikiio, she was owner of^lot h, block 8S, of the original townsite of^^MM. On Julyher hiislxind,
FrederickII. Shepherd, bccaiuo indebted^to the defenilunt in the sum of f10.000 on^a promissory note at \% per cent. |s^r^month, pavahlc on demand. The bank,^on Dec. *, cominciiced an action to re^^cover on the note and among other pro|^-^erty levied on was the lot above descrilied,^and in which Frederick H. Shepherd had^no interest, (hi the M of last February^tiie hank secured a jiulgment against^Shepherd for *10,5oK:^:i. ami not having^Is-en satisfied then, is now due on it $10,-^Wi'.i.iW, and by reason of the levy on the^oliove descrilied pi^o|^erty there is a cloud^upon its title and is unsalable and worth^^less in the hinds of the plaintiff, and as^she wants to sell it and can't she consid^^ers herself damaged in the sum of f^.OOO,^for which amount sbo asks judgment and^for the release of the pro|ierty.
FrankHoiichcr and Kveline Desrosier,^administratrix of the estate of Osia* Itcs-^rosier. commenced a suit against A, Pin-^ens and Joseph Ma they to recover $.'J5.^v illi interest at 10 per cent from Oct. 'M,^1KU, and for JM.JOas costs. On Nov. II,^ls-ei. the piaintilfs seeim-d a judgment in^the district court against Josephine God*^ehaiix for Hf'J in a suit brought for the^value of a horse driven to death by Jo^^sephine She wanted to take an appeal,^and A. Piiiens and Joseph Mutiny signed^her Isiud ill the sum of ^S0O. She did not^lake the appeal and never paid the judg^^ment, wherefore ttie suit was brought^against her bondsmen. An attachment^w as issued, but w hen the sheriff started to^serve it the bondsmen concluded to pay^the jiulgment.
William Weinstcin brought suit to-day^against Mrs. M. Shea of Deer lxxlge^county for MM.1C, alleged to he duo on^merchandise sold and dclived at her re^^adiest. An attachment was issued.
DepartmentI., as all the attorney s M the I^case* set for trial in thi.t c ^trt are re- i^tained in the great sawmill case.
IllverreI'roeerillaas.
WilliamII. Johnson has commenced a^suit for divorce against bis m ile, Nettie^Johnson, and in bis complaint sets forth^that he was married to the defendant in^St. Paul in May. 1**7. They lived together^up to last Sunday, when the wife disre^^garded her marriage vows, and without^the consent or connivance and against^her husband's will, abandoned his house^and home a ith the intent and purpose of^leading a life of shame and becoming a^public bad character, and on that day en^^tered and liecame an inmate of a house^ut ill fame and common brothel known as^Carrie Ned's, situated on Fast (ialena^street. Since that date the defendant has^ticcu guilty of extreme nets of lewdness^with |h.rsoiis to the husband unknown,^and she is now living in the house above^mentioned, for all of which the husband^well considers himself entitled to a decree^of divorce.
Thesummons in the divorce case of^Henry Kics against his wife. ( aroliuc.^were issued to-day. The plaintiff says that^they were married at Virginia City. Feb.^-I. ISS'i. and that they mm together as^hiisbuud and wile up to last Saturday,^when he made the startling iliseover^.^upon his sudden return to his home in^Walkcrvillc. that some one had assumed^his place at the head of the family, since^which time be has not lived w ith her. He^demands a divorce ami the custod.v of the^following minor children : William Heni .v.^aged 4 years: Adeline Latins, aged 7, and^l.eota Josie. aged ::. The plaintiff alleges^ihat his w ile is not a proper person toliave j^c'listody of the children.
Illthe Thompson divorce case, the court j^this morning overruled the defendant's^motion to strike out the complaint ami for I^judgment. The judge said die complaint^vv a- inconsistent m some minor inspects,^hut as a whole it sets up a cause of action. ;^The defendant was granted Id days to die j^an answer.
O'Donneir*Sawmill.
Themotion to strike out 111* testimony I^nud tora non-suit in the sawmill ease of 1^O'Dotincll again-: l-nvell Brothers was !^argued tins morning and ^)'i i m m il came 1^out w inner as the court denied any part^ol the motion. The defendant Ixi-ed his^argument on the allegation that theie was^no consideration alleged in the pleadings^nor proven I ^ the ev idence to support the^tru-t attempted to Is- cr.iahlishcd. ami pes^cause it appeals Iroin the pleadings and^c\ ideucc of the plaintiff that ImMMMM^to enforce a \erbal agreement of trust^aticl.it the same time to avoid his written^hdl of side by evidence showing mental^and physical i;ica|iaci:^ existing at the^time b uh transactions Mast place. The^i', ideucc of the plaintiff shows conclus^^ively that even if a trust had Mm^created, yet the contillge:ic^ onwha-h die^trust was to end has noi yet arrived, or^w lien the trustee hail i-cceived from the^ptollts of the business the whole of the^plaintiff's indebtedness to the defendant*, j^and until such tune theie could Ik' tiocoti- I^vor-sioli by the trustees. The c\ ideucc on I^the pa: t of the plaintiff shows that no^offer to Baa1 the indebtedness has ever^Im*cu made and the trust continuing then,^must lie an accounting or demand tor one^before the present action BtMM be main^^tained.
Wheathe mint overruled the motion^for a non-suit deolV t-i v ^ 11 went on the^witness .stand and told his side i f im^deal, denying about every thing testified^to hv O'DoMMU.
Wheneoert adjourned Ibis evening im^end ^ .f t!i^ case -.as no! yet in sl;rlit. thotigh^it will pcaoaMybe ttuislifsl toHimtToar.^XtoMM is also bluckading business in
(rlmlssl^'asrt.
The^|uest ion as to w hether Jolm Ko^e^can lie tried again on the charge of grand^larceny after the jury found him not^guilty, under instructions from the court,^because of an error in the information,^was set for argument this morning, but^was continued mdcllintely on account of^the saw mill ease on trial.
Thecriminal MMI winch w ere set for^trial t.wlay were, for the same reason. s^^set for next week. Martin Messier, the^auaieliist highwii.v man. w ill he tried next^Thursday, and William Arnold, for burg^^lary, and Thiiddeiis Mills, for assault witli^intent to kill, next Fruluy. All the wit^^nesses in the three cases w ere on band, but^wen-excused until that time.
TheMr) commission MMM] a list for^a gland jury for the next term of court, but^upon an order from the court the MMM^was withheld for the present.
Ikepnrtmsill(.
Ju.l;:eMcllattoti this morning convene I^his fle|iartiiieut of court but adjourned^again without doing any business, as none^of the parties to cases set were ready for^trial.
Inthe case of H. W. Cordeil agams W.^H. Matthews et al. the time was extended^to June 11 to file a motion for a new^trial.
Inthe MM for possession and damages^of Charles P. Hough agiiiisi W. S. MMM^and others, MMM to-lav tiled a separate^answer denying Hough's rijhl to the pos^^session of the pro|m'i iy in controversy, or^that hit has liecn damaged. MMM al^^leges that he took sjssmsssm of the^property on Jan. 1, UM, anil efSSMsa^JTHli store building thereon, and is there-^forc entitled to it.
HI'TTK AMI UOSTOV
ActivePreparation* faar Hie Krccllon uf^New Itllilfllligs.^Hi n r.. June 2.--The scene of the recent^destructive lire ut the Untie ^ Host on^company's pro|^erty near Mraderville w ill^soon present a far different ap|iearauce^from what it d.K-s now. anil the new^smeller will short l.\ rise Phoenix-like from^the ashes of its predecessor. The new^buildings will he slightly larger than those^destroyed and w ill be built w Ith a view of^rendering another conflagration impos^^sible. They will be constructed entirely^of steel and iron and will be covered with^corrugated ceppi r. Al! the braces, stays,^crosspieees and supports will be of either^iron or steel, and there will not be a piece^of wood as big as a man's hand used any^^where in the construction of any of the^buildings, iii addition to this measure of^precaution, however. Captain Palmer will^nave hydrants placed at all available points^throughout the different buildings so that^an abundant water supply may be^bad at a moment's notice. The hydrants^and hose will also he of the same sue as^those used by the city so that the depart^^ment will be able to connect Its I lose in an^emergency without any difficulty. While^the new buildings will be larger than Hie^ones that were burned down the capacity^of the smelter will remain the same as be^^fore.
Theplana for the buildings have just^been draw n up by Leonard A Kay. The^main smelter will be Wit feet long by S4^wide. The budding which will be erected^over the O'Hara furnaces will be the next^largest in size unci will be 210 feet by 10a.^The small O'Hara furnaces will lie covered^by a building 128 feet by 64, and the^Hrueekner building will he 124 by 48 feet.^The furnaces were not much damaged by^the fire and can lie easily repaired by the^time the buildings are up. The insurance^has all Is'cn settled to the satisfaction of^all parties. Hids for the construction of^the buildings are being received to-day^and the contracts w ill be awarded to-mor^^row. Captain Palmer will buve the work^pushed as rapidly as possible, but he is of^the opinion that on account of the build^^ings being entirely of iron and steel it w ill^take two mouths or more to complete^them and get everything in running order^again. About 400 men were laid ofT at^the time of tin* tire ami as many of these^as can Is- used will lie put to work on the^new buildings. Much of the work will^necessarily have to be done by ex|ier-^IMMM men but the miners and smelter^men can be used to advantage in the gen^^eral construction work. With the Untie^nud Hoston smelter starling up in full^force at one end of town ami upwaids of^200 men being put to work again at the^Alice at the other end and all the mini's^and mills iu llutte running at their full^capacity, the pruspects for u bright and^^^roK|^crous MMMM in the greatest min^^ing camp on earth were never better.
IllPolice I MM
Hittk. June 2. Thomas l^inou. w ho is^charged with having stolen a suit of clothes^from Samuel l^cwis. was arraigned in the^police court to-day on u charge of burg^^lary. He entered a plea of not guilt) and^his examination w as set for next Tuesday.
JosephSears stood charged with I in v i rig^stolen $10 from a man named Tibedcaux.^He pleaded not guilty and will be trail for^petty luivenv to-morrow.
WulterMcNah. the terror from Great^Falls, withdrew his former plea .u not^guilty to a charge of assault and battery^on one Driscoll, ami entered a plea of^guilty. Attorney Campbell made a plea^for clemency, hut McNnh's reputation end^gctici-ul conduct w as against him and In*^was lined .*la and costs.
WilliamHolt, tieorge Sherman ami John^Brown pleaded guilty to charges of^vagrancy and were lined SI^ and costs^each. In default they were ci.uiiuittod.^^loe Fields paid $1 and costs for u simple^drunk.
AFFAIRSOF THE CITY;
Boxssof tbe Fire Alarm System Ail
InPosition.
OBSTRUCTINGSIDEWALKS
MayorMantle Expresses His Views^on the Subject An Alderman^Talks About City^Bonds.
flili!.June 2. All the Isixes of Hie^liamewell fire alarm system had liecn put^up this evening, and the ^^stem i^ now^complete and ready for use. Within a dav^or two it w ill lw inspected h.v MMMM ^^l^the council. Then1 Mi at MM boxes^than then' were under the old system, ami^1 the city w ill therefore lie much better cov ^^I I'red. The boxes, which are now all up^and reaily for service, are ismvenietltlv^| lisa'cd. The old fire alarm list will have^: to be discarded, as the new boxes have^diffeient MMMM iii different locutions
fnmithe old system, tlue MMMMMf
then-'w system is that w le u the alarm is^given, the tower lu ll rings lusiautaii'-^ously. In |M tiumlsT of the box that is^rung, the Hist MMMM indicates the ward^in which the Ikvx is laaatef!. Korcxample.^when thi' Is*!! strikes 1. it is Know n at once^that the fire is in the First ward, ami w hen^this is followed by a '.'. it is known that the^Ml is No. 12 iu the First MM. When the^liell strikes s lii^t, the Hit is know n to Is-^iu the Fighth ward, and this followed hv a^^i, shows that the alarm is from box M.
Thelist of alarm boM w ith their MM^lions is as follow - :
mij^'.'i^M^-^i
Il. ul r MMM
litvt i.. June 2. A lady whose name^could not be learned arrived on this morn^^ing's Northern i'aeillc train from the Fast.^As she was destined to Pncatello, she got^off at the Montana Fniou depot, intend^^ing to wait until tic I lllnll Pacific south^^bound train departed, about thive hours^later. She had harelv stepjMsl on to the^pluiform when a couple of men blushed^roughly tip against her. ami before she^could divine tin ir intentions one ol thi'iu^snatched her purse from her hand ami^disapfvcarcd iu the darkness. The purse^contained the lady's ticket and all the^money she had. thus leaving her w ithout^means of continuing Icr journey. When^Mr. GeMtnei, mmi of the Montana I'niou.^arrived at the depot he wits inform d of^the ladv's loss and arranged for her trans^^portation so that she was enabled to con^^tinue her journcv.
Mlvrr^ !ui^ Meeting.
Htri K. June 2. The Silver bMMt) club^of Walkerv ille w ill meet ut McN'amee's^hall MMMMM evening. An nihhess on^the silver uuesiion will Im^ delivered by^James H. Leahy of this city.
Forever} thing in the musie line rail M^or address The Sherman Music company,^'2:1 North Mam Eii'cet. Butte.
Forthe finest IsMMV in llutte -;oto Har^^rington A MMM*, corner Main ami^t,iiiarti strests.
Onivf.rst-class MaM Ut w ines, lirpiurt^mid Cigar- at McCormick A Hughes .
i.ocvriox.earner copjier atiil W.voinin:: -tre^t^.^Corner Minn anil Wan'iinaii stris'ts.^i urner t) uiri/ ami M-iln sir**^:-,^earner liraiiit* and Miiiitau* street- .caurt^MMI,
.'. IMS) tiranlleanil .lae!,s^iii streets.
atCorner linmilvva) iiml Wyeiniii^ streets
(MiIk'rmott hotel ^.^it Main itreet. Uest .siile. Iietwi'eii i.miilte
MMiiml llresdway.^U Itroalsav. f^sit of l ah slni't lufxTa
housel'
4:1CarniT llroaalvviiy anal l^l;ilna stra-eis^4^i t oilier llroaalvvii) anal i:\aa-lsiair avenue.*^.M t'orner I'ark anil uhlii stris'ts it'lareiice^hate!).
SJOMM I'ark Ms4 UjM streets.
vi i airilaT l.il li.l iallal Wyaalllillg stla a'ts.
litl aainer fjsrtt mill Main stris'ts.
irjearlier Tark iiiial Molilalia stra-ets.
iuI nrnei I'srk anal W'ssliiDgton streets i ath-
olia*sa'll'Mll ..
4('inner I'ark anilCrvst.il striM-ts.
71 I aarner Porphyry street ami AftaMM \va^.
aarner I'tSH sva'lllla'iinai Iraatl stra'i't 1 Mon-
tasaiCsatrai 4sm1 I.
SIeairner Mi'miry anal Mauit.ina strca'ts.
s-_eoruer Hklvi'r suit hlnfiaa stris-ts.
s.1t aarner silvan iiml JaMSSlMMHs.
H4t 'orner rnrphyry atnl Ms In stris'ts.
RTaCorner Ihalal iiml Dakaalil streets,
sajI aarner aaf Ahiinhiiiin and Montana street^.
RmUmipM
tsstsMas^at If ;. s'. the jew flrr.
Themavnr made a kick at tbe council^meeting lust night in favor aaf ch aring the^sidewalks of olistrnctiaaiis anal kis'piug^I hem cleared. At present every business^man considers the sidewalk iu front of^bis store us bis private MMMtJ ami uses^it for the exhibition of his gissls. The^mayor is of theopiniaan Ihat the siah-wulk^properly belongs taa the BJMM, and that^the sidi'walks should 1st ki-pt Ml MM^boxes, carpets, gras'crics. dry gassls nuil^fruit.
1thorotighl.v MMI with mj mayiar.^^said City Marshal Small laa-alav. ^But^what the city wants first is an oraliunnce.^Ceder the present ordinance we a alinol^keep the sialewulks clear. The |^resent^onlinauce |k'rinits business men to keep^gissis on IsVaw sialewulks fair six hauirs^after receiving and fair lour hours IMMM^delivering. That being the ease, it would^be a diffirult matter taa keep the side^^walks clear. Men would have to lie^posted ill front of MM place in MMI to^see whether the limit is stretched or not.^What is wanted is a strict ordinance and^then the |aolia ^^ will sea- that it is en^^forced.
Ifwe are going to bond the city,^ said^Alderman Paseoa-. to-day, ^let us Isand fair^enough to erect a IMMM) Initialing on^the city's lot in West Ouarlx sin-el. The^lot is :^J feet w ide anal I good MMsMMJ^budding could Is- erected there. Tha'^ground lloor cotllal Is' MM for tha' lire^department, the second story for storage,^mid tlw top floor for the public library.^It could lie ll'teal up nicely and reached by^an elevator, and this waauld save the city a^heavy MM ill rental.
Hthca ity BMdSa it will praababl.v Is- fair^from $1U0,hki to gl.Vl.ita). It would reapuri-^$70.0011 to cover the tlaaating ImMMMMI^iu outstamliug warrants, which there is no^i'U^h on hand just MSI to pay . Tha'build^^ing ill West iy)uartz street vvaaild caast idsaui^f20.^l^i and several thousand more^would be iievsh'vl fair exteuih^ing the MM system. The muyor^believes that the city will never^get out of di'bt unless it bonds, or m-^cn'.iM's its receipts. The receipts this^year will scarcely Is' sufficient to bjm^the aapeuses, and ill nthlitinn there is the^flouting debt aaf nearly S70.UUH. The inuyiar^sav s that impmvemetits. such ns faar^sevvers anal faar paihlia- builalings. should^not be patfl entirely by tha* present psage^erty ow ners of Butte, hut tha* |Mtymcut^^shoiihl bo extended over n term aaf years
sincei he futlira. BMMrt|t a.vv MM aaf Hill I'
willlie iK'tiellta'd as inueli as those now^here.
Keeka-r. After ( lisalv
BtTIi . June 2. Thi'eaiunly auditor vv .is^busy tonlay nuiliting tha- usual iiiiiiiImt ad^monthly bills against th^ countv. aiming^them tha'same long list bar the suti|s^rt 'if^MMMB, Mrs. CmMW Mil in a w rit'.i'ii^BSMMl hi w hicdi she saial that SMtVas^sia-k ami had a child M support. She lias^uolhiug iu the house taa eat bin soma- flour^anal aaf that sue can only afloral aanc meal a^day. Mr rent is also MS.
AMrs. MM has just arriva-al in town^from Mil higan anal braii ght w ith In r an^idiaatia- y aauiig man. thi' son of an aeapiaiut-^unci' of Mrs. lieed. Kbe thouglit the^county would Is* d'dightcal anal pleas-il to^^MM for Int.i. but afte, tie MM got^llMsMU talking taa the auditor she^praabidaly efcaMad her mind, and will uy^and sup|sa t the young man herself.
Messrs.|, II. Ma t arthv and W. I . M.-^Biatni'y IMMJ Isiught out the utiilertial.-^| ing I'stabhshutent hiTetaafaala'a-olialua'tasI tav^| Messis. ^ihuldl A Solvi'saatl nt No. ivi
iW.'st Park stns-t. Mi. Mat artliv has^long liecn a well-knowti anal highly a--^t'emed citi/'11 aaf HllttC. whill' Mr. Me-^Kr.itiu v li.is jn-t arrivcal MM An-^gada-s, anal hil.s faar a lifa* I|sm M en m the^initia l taking business nuil is thoroug!.; .^MNMSI in all aaf its braua'hes. ctu*
isilimiigwill is- aaajarialtj al im set^tii-iii. yean of rsjssrissycs h av it g rasycjsrsd^Mr. pleBratney aMastba best men In the
westin this hue of tha* bu-ma'ss. The^uti'lci tuking gassls are am hand, and t In-^Is'st aaf sa-rvM and the most eastftaous^and a-.aia fid attention to all details of ile-^basMsas will MMur renah-i tin- Mar I:tin^eiuiui'ntl:. yceassfliL Tha teivptiotis I^nsjnbse m SOT. aayd ike establlshnssal * ill
Is-aa|K'll at all haaiirs of tha- itav anal Bkjllti
MMMMI aalnn Itsflwsv Ma
Caamtiritatioutickets. Usnitsd loii id iv -^fraiin aia'i'aaf sa la ^. gas^ I f a ar .^^.' trips Isu vv an
lllltll'a tall MMka iBSa
S.H. ( vi MMIIII
Yotiin.iv iia'va-r v a-iir a CsaWM Cnavti. I^but von call smoke MM and be happy.
D.J. HEMNESSY^o^o
MERCANTILECO.
_^s
BUTTHCITY, MONTANA,
Openingof Choice Lines
Parasols,
Sunshades,And Umbrellas.
Forthe Young or Old, Rich or Poor.^Carriage or Promenade, Rain or Shine.
Elivsyo
sk
OURFANCY PARASOLS
Arcthe Choicest CreatiiMis of the summer season, made up in Stylish Designs^from Delicate and Filmy Lacs, Crepe Lissc, Chiffons and Changeable SiJIcs,^in a Variety of Colorings.
Children'sParasols.
Thelittle ones arc not overlooked by any means. Bring them with you.^Make their little hearts leap lor joy when they see and possess one of our cute^Parasols that cost but 35 cents.
Sunshadesand Umbrellas.
ParticularlyStylish this summer. Handles are \ cry unique and striking.^Some arc of the natural wood, tortured and twitted into singular shapes. Oth^^ers are mounted in Cold, Silver and Precious Stones; showy ami striking, neat^and plain. Inexpensive, too. most of them, cons'dcring the elaborate tletail of^the workmanship.
CHILDREN'SSTRAW HATS.
W'chave quite an assortment of theie, which it is worth your while to ex^^amine. There is a variety of styles; some Hoys' Hats as low as 25 cents each.^Six bits will buy one that i^ really stunning.
Children'sHoods and Caps.
Thewee little tots c an 1c fitted out with all their \oathful requirements.^W'c have Hoods and dps as pretty as any !ond mother could wish them.^I*^ressi.s and Cloaks, plain or exeeedingly handsome. T he length of one's purse^sometimes decides which to buy.
Youths'and Boys' Clothing.
Justopened a large lot of these. Stylish in Cut, Serviceable in Wear, Low^in Price. No better value anywhere.
Weshall be glad to show you through our stock, because we can satisfy^the 'most fastidious.
ALLMAIL ORDERS RECEIVE PROMPT ATTENTION.
WePay Expest^gt on All Goods^To any part of Montana.
D.J.Hennessy Mercantile Co.
BUTTECITY. MONTANA.

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