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The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, September 05, 1893, Image 5

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The Attorney-General Takes a
Una Today the Chinese Deportation
Matter Will Be Settled.
The Antl-Ooolle Proceedings Yesterday
Ist the Federal Courte—The
Farmers' Association
In Karneat.
"X, therefore, while mnch regretting
that the application haa been made to
me, feel it my duty, under my oath of
office and in view of the obligations
resting upon me to administer the laws
of the United States in all cases prop
erly brought before me, to award the
warrant upon a verification of the com
plaint, in the absence of any judicial
knowledge that the department of the
government, charged with tbe execution
of the provisions of the act of May 6,
1892, ia not provided with the means to
carry out its provisions.
"Were I so advised, I would not hesi
tate to refuse the warrant."
Judge Boss nsed theie words, in his
decision of a few days since, granting a
warrant for the arrest of Ah Wong.
Yesteiday morning, in the presence of
a crowded court room, filled with Chi
nese, lawyers and-labor men, District
Attorney Denis read the following die-,
patoh from the United States attorney
ft * neral ' WAaniNGTON, Sept. 2,1893.
To United States Attorney Denis, Loa Angelea,
Yam advised by the secretary of tbe
treasury that there are no funda to exe
cute the Geary law, so far as the same
Erovidea for deportation of Chinese who
aye not procured certificates of resi
dence. On that state of facte the
circuit court of the United States for
the southern district of New York made
tbe following order:
"Ordered that be, and he hereby
is, discharged from the oustody of the
marshal and ordered to be deported
from tbe United States whenever pro
vision for such deportation shall be
made by the proper authorities." Ask
court to make similar order in like
cases. Olotsy, Attorney General.
And now people are asking what Judge
Rose will do.
The first move in yesterday's federal
court proceedings was made by a com
mittee from Redlands, composed of H.
C. Cable, R. VV. Mclntyre, jr., and R.
W. Musgrave, who asked District Attor
ney Denis for warrants for tbe arrest of
170 Cbinese In Redlands.
One hundred and seventy Chinamen.
District Attorney Denis looked at the
list and softly sighed. After some de
liberation he approved the issuance of
warrants for a dozen and withheld the
Then came tbe trial oi Chun Sbong
The proceedings showed that the
Chinaman has been raising vegetables
for two years, on a small tract of land
near Cahuenga.
He had no certificate of residence.
Colonel G. Wiley Wells, representing
tbe defendant, called George Lena, who
endeavored to show that Yuen was a
partner in a company formed for raising
vegetables, and therefore a merchant.
Judge Ross found that Yuen waß a la
borer and not a merchant, and an
nounced his intention of handing down
his decision, in a written opinion, to
morrow morning. Tbe other five cases
were continued nntil Wednesday, Judge
Robs announcing tbat he would admit
ol no further delay. '
Should Judge R-jss dismiss the cases
against Cbinese on the grounds of there
being no funds for deportation pur
poses, the Cahuenga farmers' associa
tion will attempt to prove that there ere
175,000 available, giving a section of the
federal statutes at large, volatile 27,
page 539, aB their reason for the state
ment, which section reads as follows:
Enforcement of tbe Cbinese exclusion
act: To prevent unlawful entry of Chi
nese into the United States by the ap
pointment of suitable officers to enforce
tbe laws in relation thereto, and for ex
penses of returning to China all Chinese
persons found to be unlawfully in the
United States, including the cost of im
prisonment and actual expense of con
veyance of Chinese persons to tbe fron
tier or seaboard for deportation, and for
enforcing tbe provisions of the act ap
proved May 8, 1892, entitled "An act to
prohibit tbe carrying of Chinese persons
into the United States," $50,000, to
gether with tbe unexpended balance of
the appropriation for this object for the
ti?cal year 1803.
The same association also declare tbeir
willingness to pay the expenses of de
portation themselves, which tbey figure
as $30 per capita.
The Farmers' association yesterday
sent a dispatch to Senator White urging
him to endeavor to obtain an appropria
tion for the deportation of arrested
The Party Left Yeaterday via the Santa
Fe Koute.
The Chamber of Commerce World's
Fair excursion Btarted off under the
most brilliant auspices yesterday after
noon from La Grande station, via the
Santa Fe route.
General Passenger Agent H. G.
Thompson deserves great credit for the
tact and success shown in his success
fully carrying to a conclusion this en
The party numbered about 150 of the
most prominent people of the city and
neighborhood. They were quartered in
elegant vestibule Pullman cars and
were provided witb all possible luxuries
as well as necessities.
Marriage Lloeneeß.
Marriage licenses were issued yester
day in the county clerk's office to tbe
following persons:
It. M. Bly the, aged 38, a native of
Kentucky and resident of San Francisco,
and Lizzie Merchant, aged 37, a native
of Texas and resident of Norwalk,
Frank X. Winter, aged 33, a resident
of San Diego, and Mina Hofman, aged
30, a resident of Los Angeles, both na
tives of Germany.
Abraham Aguilar, aged 44, a resident
of Anaheim, and Francisca Silvaa, aged
19, a resident of Los Angeles, both na
tives of California.
Joseph Prefer, aged 33, a native of
German*/, and Annie 0. Hutter, aged
23, a native of Minnesota, both resi
dents of Los Angeles.
Dandruff U due to an onleebled Kate of the
■kin. Halle Hair Renewor qulokona the nu
trltlTe functions of tho akin, healing and Dre
rentlng tne formation of dandruff.
250 env.lo™- 50e: H rra writis. paver, 25a
mgatadter, 2X4 W. fcecoud, Hollent>eck hotel.
Plenty or Water nnd Bnah Vegetation
on ths Desert.
Geronimo Elizaldo was up from the
Cocopah region Tuesday. He said that
the rainfall had been very heavy. Every
pool, well, spring and tank is full of
water, and many of the canons in the
mountains have fine streams of water
running. The feed is good. In the
great valley he never saw the grass as
large as it ia now. Lake Julullu ie full
of water. New river and the Pesoadero
are rnnning full. He never saw the
Padrones river as high at thia season of
the year.
The corn, beans, melons and squashes
of tbe Cocopah Indians are a good crop.
The deer and antelope are very fat. H.
D. Converse and M. Hill had arrived at
the month of the Hardie. Tbe Indians
report the wild hogs in the tules to be
very fat, and a great many of them. West
of the Cocopah mountaina heavy rains
have fallen. Lake Maqneta is fall of
water, bnt brackish.
Tbe water In Maqueta river ii fresh
and good. The galleta grass ia very
large, and good feed abounds every
The gold placers are too wet to work
with dry washers. At Black Butte the
water is still running to the north. Two
miles west there ia good water. Geron
imo returned Tuesday. He will be here
again in time to go down the river with
the Phoenix exploring party.
The Complaint Brought by O. W. Davie.
An Attachment leaned Without
Any Bond—The Evldeuoe
Tbe trial of a somewhat novel suit
waß in progress before Judge Van Dyke
yesterday fn department 4 of the supe
rior court.
It was an attempt to oust from office
Justice I. S. Moore of San Pedro, for al
leged malfeasance in office.
'It was only a day or two since that
tbe rubicund jnstice was before the
board of supervisors to explain some
peculiar transactions in connection with
the service oi papers from his court by
Constable Winther and City Marshal
Tbe suit to onst tbe justice from his
office was begun at the instance of G. W.
Davis of San Pedro, a druggist.
The prosecution was represented by
Messrs. Wells and Monroe and the jus
tice sat serenely between District At
torney Dillon and Mr. Savage of San
Pedro, wbo defended him.
The trial was in many respects a
travesty as far as disputing the charges
was concerned.
It appears tbat on a $12 claim against
Mr. Davis, the erudite justice issued an
attachment on his store and pat an
officer in charge of the business. The
justice did not know that a bond waa
required of the attaching person in such
cases, and issued the attachment with
out requiring or taking a bond.
As soon as Mr. Davis pnt his matters
in the hands of counsel tbe error made
by Justice Moore was discovered, and
he was requested to vacate tbe attach
ment and turn over the property seized
by tbe deputy.
Justice Moore pondered over tbe ques
tion, but would not move. Mr. Davis
came to Los Angeles, consulted legal
talent and made a written demand npon
the justice jtu vacate the attachment.
Atter Bleeping ovpr '|he, case Justice
Moore arriVß&Wiua conclusion that he
was in a the
store and property .to the owner.
The actiorWrtjf the magistrate were
either cause*! by ignorance.or. he acted
in collusion With the' Wtta'ching party
and Mr. Davis concluded-to Bee what
was his motive.
The justice when examined yesterday
admitted that he had done wrong but
said he had done it through ignorance
and that he had no intention of harming
Mr. Davie. He claimed that as soon aa
he discovered he should have taken a
bond be released the attachment.
This the prosecution denied and in
sisted that the magistrate was actuated
by spleen and a spirit of revenge againßt
Mr. Davis, if nothing worse; that he
i only released the attachment when he
discovered that proceedings were abont
to be instituted against him in the vain
attempt to stop them.
After the prosecution put in its testi
mony Mr. Savage made a motion to dis
miss the case on the ground that the
testimony disclosed no such criminal in
tent on the part of the justice as would
justify his removal from office.
The motion was discussed at length,
Judge Van Dyke stating from the bench
that there waa no doubt that Justice
Moore had been guilty of error. Tbe
point waa still being argued at 5 o'clock
when court adjourned, and the case
went over until thia morning, when it
will be reeumed.
The Superintendent leenea Notice or
Their Assignment.
Superintendent Brown, of the city
echeols, has issued notices to all the
newly assigned' teachers informing them
of their assignment and also of the fact
that each of them mnst report to tbe
principal of tbe school for which he or
she was elected, for particular instmc
tions regarding the work to be done.
The city teachers' institute will be
held Monday, September U, at 2 p. m.,
in the high school building. Each
teacher is expected to be present.
Headquarters at luglewood— Progress
or the Work.'
The city has established an engineer's
office at Inglewood on account of the
outfall sewer. Several draughtsmen
have been sent out. H. P. Vincent,
superintendent of conettuction of the
great sewer, has charge of tho office.
About 12,500 feet of the wooden pipe
have been laid, the total of thia kind to
be used being very great.
It is thought the sewer will be com
pleted by February 1, 1894.
She Claims Garskl la Angry Because
She Will Not Slurry Him.
Mary Janoweka was arraigned before
Justice Seaman yesterday, and charged
with petty larceny.
Mary is accused by Adam Qarski with
having stolen two $10 gold pieces from
him on the Ist of last May.
Mary, however, says that Garski haa
trumped np the charge against her be
cause she refused to usrry him. Jus
tice Seaman will hear the case today.
The Supreme Court Reverses
the Lower Court.
Cases Involving- the Raise by the
Board of Supervisors.
Judge Wade Had Decided That They
■xoeeded Thelt Fowera In the
Oasee—A mechanics'
Lien Case
In the oase of the Excelsior Paving
company, respondent, vs. Leach et al.,
appellants, the Supreme court says in an
opinion received yesterday: "Upon the
authority of Brown vs. Jenks, opinion
filed March 7, 1893, the judgment and
order denying a new trial herein are re
The judgment is also reversed in the
oase of the Security Savings Bank and
Trust company, respondent, vs. The
Board of Supervisors of Los Angeles
county, et als., appellants. The court
saya: In Farmers & Merchants bank of
Los Angelea vs. The Board of Equaliza
tion of Los Angeles, most of the ques
tions involved in this appeal were de
termined adversely to the respondent.
Tbe additional point now presented,
tbat the legislature could not confer
upon the state board of equalization au
thority to extend the time within which
the county board of equalization could
act, must also, under the principles de
clared in that case, be determined
against the respondent; and upon the
authority of that case the judgment is
The same action, and for the same
reasons, is taken by tbe supreme court
in the case of the Los Angeles Savings
bank, respondent, vb. Tbe Board of Su
pervisors of Los Angeles county et al.,
and the case of Main Street Savings
Bank and Trust company, respondent,
vs. The Board of Supervisors of Lob An
geleß county et al.
These cases were those in which the
supervisors, sitting as a board of equali
zation, raised the assessments of the
banks by adding lines of solvent credits
which the assessor had not included in
his assessment.
Tbe supreme court has affirmed the
decision of the superior court in the case
of Kiessig vs. Allspaugh et al., in ac
cordance with an opinion received by
Deputy Clerk Sesnon yesterday for
Tbe plaintiff sought to recover
$1807.25 upon a building contractor's
bond executed to him by tbe defendants
Allspaugh and Hall as principals, and
by the defendant Lundeen, as surety.
The bond sned on was executed October
15,1887, and was to hold Charles Kies
sig harmless against any claims, de
mands or liens.of any character, for ma
terial or labor expending in building the
house in question.
The original building contract was not
recorded, and the price therein agreed
to be paid for the building was $8000.
The building was completed according
to the plans in the original contract, but
the plaintiff was compelled to pay, in
addition, tbe amount sued for by bim In
tbe action, to discharge liene for ma
terials used and labor performed on the
The superior court gave judgment in
favor of the plaintiff and the defendant,
Lundeen, appealed.
The supreme court, after quite a re
view of the law applicable, says tbat the
sole purpose of the bond was to protect
the plaintiff against the consequence of
a failure of the contractors to pay the
personal obligations which they might
incur for labor and materials, in the
event that they actually constructed for
him the building referred to In the con
tract, and it ie the duty of the court to
enforce it according to its terms. The
conrt says tbat the oase oi the Scballert-
Ganahl Lumber company vs. Neal, 90
Cal., 213, cited by appellant, did sustain
his contention, hut upon a more carefnl
consideration of the question therein de
cided, they are not satisfied with the
conclusion reached in that case. Tbe
judgment and order are therefore af
firmed. The opinion ia by Jnatice De
Haven, Justice Fitzgerald, Chief Justice
Beatty and Justice McFarland concur
ring, while Justices Garontte and Harri
son dissent.
cx*\ '*
A. W. Oaro, of Oaro Bros., of New
York, returned from a short trip from
San Diego.
O. W. Mackenzie, a prominent sport
ing man of thia coast, waa Been at the
beach yesterday.
Messrs. Hugh McCrum of Prescott,
and W. T. Smith of Phoenix, Ariz., are
at the Nadeau. f
Jackson Hatch, of San Jobo. one of
the most prominent lawyers of the state
is registered ft the Nadeau.
Mr. and Mrs. D. Gotthelf are expected
to return tomorrow after an extended
tour through the east and Europe.
Hon. Thomas J. Shackleford, one of
San Francisco's ablest attorneys and a
leading Democrat of the Golden Gate
city, is in town on a business trip and
is registered at the Hollenbeck.
Dean Matthew of the university of
Southern California, has returned from
Chicago. He is now busy preparing for
the opening of the college on the 27th
instant. The college has been greatly
improved of late.
Death or Jerome Bonaparte.
Brverly, Mass., Sept. 4.—Jerome
Bonaparte died at hia summer home at
Pride's Crossing, last night.
The only Pure Cream of Tartar Ammonia; No Alum.
Used in Millions of Homes— 40 Years the Standard.
Caaea on Trial Yeaterday—New Suite
Which Were Filed.
Judge Van Dyke, yesterday, In the
snit of Mrs. Arcadia B. de Baker vs. the
Southern California Railway company,
denied motions to set aside the verdict
and for a new trial. This is the case in
which tbe plaintiff was awarded large
damages done to her land by overflow
caused by the building oi a portion of
tbeir levee along the Los Angeles river.
J. B. Claverie wae examined upon the
charge of the embezzlement of a horse
in Justice Bartholomew's court yester
day and was discharged.
A motion for a change of venue in the
case of H. Mahan va. tbe Fidelity and
Casualty company from Lob Angeles to
San Francisco was granted by Judge
Van Dyke yesterday.
Judge Van Dyke yesterday granted a
decree of foreclosure in the case of W.
H. Freer vs. J. Weil for $568.45.
Lndwig Bauer was examined upon a
charge of insanity yesterday in Judge
Van Dyke's court before Drs. R. E. Mc-
Donald and R. Wernigk. The physic
ians did not consider his condition
sufficiently serious to commit him to an
insane asylum, and Bent him to tbe
county hospital for two weeks.
Manuel Lugo was sentenced yesterday
morning by Judge Pierce, presiding in
department No. 1, having been convict
ed of the crime ot permitting hie wife to
remain in a house of prostitution. The
court gave him three years at Folsom.
Billy Young wan in department No.
1 yesterday and his counsel, Zu. G.
Peck, tiled notice of appeal and the time
for the defendant to present and file a
draft of a bill oi exceptions wae set for
October Ist.
The trial of Edward Fry waa act for
trial in Judge Smith's court yeaterday
for September 29th, and the trial of
Carnahan wae act for September 28th,
Both men are accused of burglary.
The time for Joseph Hughes charged
with burglary to plead was continued by
Judge Pierce yesterday, and the defen
dant's bail was reduced from $1000 to
The time of Matthew Currey to plead
to tbe cbarge of robbery was continued
to September 6th by Judge Pierce yes
Informations were filed by the district
attorney yesterday against John Carter
and Joseph Brady for robbery; Ah
Fook for burglary ; Albert Scott ior as
sault with a deadly weapon, and their
arraignment was set for today.
The new trials of Kama, Kimo and
Shama, Japanese girls of San Pedro,
were set by Judge Pierce yesterday for
October 7th.
Jacob Mizll, a native of Russia, and
Charles Swayger, a native ol Austria,
were admitted to citizenship by Judge
Pierce yesterday.
Alex Ineley was before Judge Pierce
on habeas corpus proceedings yesterday
and tbe writ waa granted and tbe de
fendant was discharged. lusiey waa
convicted of diaturbing the peace in
Wilmington township.
New Cases.
Papers in the following new cases were
filed yeaterday in the county clerk's
Clive A. Richey vs. 8. T. Alexander-
Suit for $420.43 for goods purcbaeed and
not paid for.
Petition by Barbara Berde for letters
of administration on the estate of Maria
G. de Lamarca.
Anna Yon Pohonhoff vs. Santa Moni
ca and Soldiere' Home railway company
—Suit for $25,290 damages for injuries
received at Santa Monica by tailing on
the track of the company and breaking
ber leg.
Hannah A. Baldwin vs. A. J. San
born and J. W. Walthall—Suit for fore
closure for $2000.
Divorce proceedings have been an
nounced by H. C. Jackaon vs. Mary W.
Jackson, Isaac H. Polk vs. Ismaela M.
Polk, Samuel I. Weeks vs. Margaret
A petition in insolvency was filed
yesterday afternoon by Whittaker Broß.
The liabilitiea were a few hundred dol
lars; assets, nominal.
The Prosperity or Loa Angeles, Neigh-
boring Conntlea and Olttea.
Hon. Thomas J. Shackleford, one of
San Francisco's leading Democratic
politicians, 1b now In Los Angeles. Mr.
Shackleford ia one of the best known
attorneys in the stf.te, and lately has
visited every section of California, and
being a keen observer, he ie in a posi
tion to note the financial condition and
general business of all places he has
visited. '
Yesterday he stated that he found
Los Angeles city iv a most prosperous
condition, more so by a big majority
than any other section of the state; that
he was surprised to find euch an excel
lent stats of affairs in the metropolis of
Southern California.
This is only one opinion of a great
many regarding the Angel City. A re
porter of the Herald yesterday visited
many wholesale houses, and one and all
stated that tbeir business for August
was far in advance of tbat done a year
ago. The retail dealers also say that
for this time of tbe year they are more
than pleased. Along Spring street yes
terday the sidewalks were unusually
crowded as well aa all places of business.
One real estate firm stated on Satur
day last they had 56 applica
tions for houses to rent, and up to
noon yesterday 35 had made similar
visits to their oflice. This shows the
actual aspect of Lob Angeles. Ask
strangers in tbe street who have visited
the northern part oi the coast and va
rious eastern points, and they are all
unanimous in saying that Loa Angeles
is the busiest city they have seen daring
their travels. Houses and rooms are in
?reat demand in all sections of the city,
f such is the case in the beginning of
autumn, what will bo the State of affairs
during the winter? That Los Angelea
will have tbe largest concourse of visit
ors tbis winter for many years goes
without saying, as time will tell.
Ed Maxwell, the proprietor ol tbe
Nadeau bar, leaves Thursday evening
for a month's visit to the world's fair
and other eastern points.
I .||. I
® 128, 130, 132 and 134 North Spring St.
/gj Mail Orders Have All the Benefit. (r^

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480 pair Strong & Carroll's Men's Calf 0 or Kid Top Button Shoes, carefully 1&f
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sole. Reduced from $2 to *•» ' Q VgJ
®y 400 pair G. E. Barnard's Undresaed Kid ••
4SO pair Men's Two Buckle OU Grain V Oxfords, in black, gray and tan, with fS)
Plow Shoes, in all s.zes. Regular (ft I OK y- neat French heels and noted for
©price $1.75. reduced to •*» 9 their nobby appearance; all»sizes r\r\ /SfV
H , „ „ , „ i' and widths. Reduced fromss to JDH-.UU Ig;
824 pair Men's Tan Colored Cnnvas KQp 0 . .
©Shoes, all sizes. Reduced from $1 to uwu a 328 pair G. E. Barnard's Ladles' Col- fS)
, _ 9 ored Dressed Kid Oxfords, neatly J* 3 ;
©Misses and Children s Shoes. * trimmed in goods to match; all nn frt\
1000 pair jvtissea' Dongola button, sizes 11 to 2. all j » lzea - Reduced from S5 to *"' w , JBJ
©widths; former price $2.50 and $2 Reduced tosl. Xon> „„ 0 „ j,,„ _„„ „„. /58k
300 pair Wright & Jones'Misaes'Genuine Peb- ? 2^ p * lr . G ;, E ;, B f a J f n arS 's Tan Colored @
® bie Goat Button, aizes 12!4 to 2, all widths. Re- i Basset Goat Oxfords, with the very gj
ducedfrom»2tosl. ? , En f"?, h „ t ? n : tn perlect ln flt ' $2.50 <3)
175 pair Wright & Jonea'Miases'Pebble Goat * Reduced from »aso to \»*. \J<* .
©Button, sizes B'/l to 18, all widths and sizes. Re- {
duced from $1.60 to 80c. X Infnnle' Qhooo '8'
178 pair Wright & Jones' Children's Shoes, gen- J inTantS onot'S.
(Si ulne pebble goat button, all sizes and widths. Re- X (St
duced from $1 to 60c. V
® 230 pair Misses Genuine Oil Grain Button, X 300 pair Infants'Dongola Button, sizes 2to 5, at ' /J5»
spring heel. 124 to 2, Reduced from $1.50 to $1. y 23c. Reduced from 50c. <g/
• • 188 pair Misses' Genuine Oil Grain Button. * 230 pair Infants' Dongola Button, aires 2 to 5,
fS) spring heel, sizes Bto only- Reduced from $1.25 V with patent leather tips, at 36c Reduced from 7fii (©)
to 80c X J.
© . ®
® ®
(Under direction of Al Havraan.)
SEPT. Bth and Oth,
The Old Comedy Company In a Repreientatire
Performanceof Sheridan's Famous Comedy
the: rivals
Tonr Under the Peraonal Direction of Al. Hay
man—The cast includes such well
known atara aa
And Others.
Produced undar Personal Supervision ol Mrs.
John Drew.
£)B»r-8eat8 now on Bale.
ll. r >!i Sooth Sprint Street.
C. E. pendelLTnu j. b. duke
Desire to announce to tha publia
that they have opened tin
Old Turf Exchange,
Adjoining the Nadeau Hotel.
The great racing events at all the principal
points East will be noted. All admirers of
norse hesii and ihe public la general are re
spectfully Invited to attend. Good odds will
be given on all the eventa, and a full descrip
tion given on every race. 5-30 5m
(Under direction ot Al. Haywan.)
H. C. WYATT, Manager.
The Queen of Comedies—
-3 J ANE&-
And All of the Players That Have Made the
Comedy Famous—Direction of Charles
Krohman—3oo Nights in New York.
Prices—sl, 750, 500 and 25c.
Court at., bet. Main and Spring ati
Free Beflned Entertaiament.
EVEBY EVENING, from 7:30 until 13, ant
Saturday Matinee from 1 to 4 p. ic.
Reappearance of the Favoritea of Los Angeles,
And the celebrated
Fine commercial lunch dally. Meals a U
carte at all hours 3 24 ly
Best Shoes for Fit and Wear
232 W. FIRST ST.

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